The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
After the adoption of the Constitution, in 1789, an act was passed, to
which reference is frequently made as being a confirmation of the
ordinance of 1787; and this has been repeated so often that it has
received general belief. There was a constitutional provision which
required all obligations and engagements under the confederation to hold
good under the Constitution. If there was an obligation or an engagement
growing out of the ordinance of 1787, out of the deed of cession by
Virginia, it was transmitted to the Government established under the
Constitution; but that Congress under the Constitution gave it no
vitality--that they added no force to it, is apparent from the fact which
is so often relied upon as authority. It was in view of this fact, in full
remembrance of this and of other facts connected with it, that Mr. Madison
said, in relation to passing regulations for the Territories, that
"Congress did not regard the interdiction of slavery among the needful
regulations contemplated by the Constitution, since, in none of the
territorial governments created by them, was such an interdict found." I
am aware that Justice McLean has viewed this as an historical error of Mr.
Madison. I shall not assume to decide between such high authorities. The
act is as follows:
"_An Act to provide for the government of the Territory north-west of
the Ohio River._
"WHEREAS, In order that the ordinance of the United States in Congress
assembled, for the government of the territory north-west of the river
Ohio, may continue to have full effect, it is requisite that certain
provisions should be made so as to adapt the same to the present
Constitution of the United States.
"SECTION 1. _Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled_, That, in all
cases in which, by the said ordinance, any information is to be given,
or communication made, by the governor of the said Territory to the
United States in Congress assembled, or to any of their officers, it
shall be the duty of the said governor to give such information, and
to make such communication, to the President of the United States; and
the President shall nominate, and, by and with the advice and consent
of the Senate, shall appoint all officers which, by the said
ordinance, were to have been appointed by the United States in
Congress assembled; and all officers so appointed shall be
commissioned by him; and in all cases where the United States in
Congress assembled might, by the said ordinance, make any commission,
or remove from any office, the President is hereby declared to have
the same powers to revocation and removal.
Public-domain text, read in full here on John Shaqi.
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