C “pi-evious.to her changg ,1 »‘\Y.hetl1Cl' the old infill? .__... . ,,.-.— 3,. 71-5 MR. PlN,];ALL’SiS:Pl5ECiH.--CGNBLUD1~:D’. ' .._uv‘———-— ’We have long been convinced that oursis the only ‘fee country on earth; fhalfille ¢°l°“l¢S.“-d.l3°‘3“.l *0 U3 3‘'3'fl'“'’ ' , A-gbj_c,cts of tyranny, cruelty, and oppression, at.a1lt.¢i1ti'cs wining to become ours by revolt or otherwise. and ill!“ the advantage of snclia c.onnec:(ion _is_ iiicalculablcyto‘ them, us, however, bewareof the injustice _to xvh.,!_<§l1 maydbe‘ tempted‘ by national pride. ltjis certalfn " that Louisiana has been agg-randized by her C0nn¢9$l°1l- ‘ with the United States, but areview of her conditro,n,- of masters,.may occasion a dlipbt. tants on whose. behalf the stipula- "'"circunistances by the ccssil)-I‘): ~_.ti“onsot‘ the treaty were inserted, were l"ml1'1'0_V<’-d if) ll-_}1,' ‘ ‘ The Sp lush gov ,1- . , men, afibrdgél —‘ the inllabitilitilip their lands gratuito(f_g , w.;‘~f,.om (,,4i',-gt-'p‘13¢es,»§vere'alloyved‘ to be taken_ . ‘ —- .i,I-0v'§,.,¢¢gy-._—;'1rht;‘im ortation of foreign rice into 5 » sent or lobe received. Tobacco and all other arti fly me m-d'.'na;"‘x;l-_‘of 179-3,"the inhabitants of Lo‘uis' 18 and um Florida;-were admitted to a free commerce __.th Europe and An,ierica.~ No exception as to the artiilées - V I l 5 8,’ the introduction of which into Spain hail bl‘-‘ie,“iP1‘0l1'|'tl3,l rom ‘-w‘as+prohibit*e‘d forlle avowed ,m-11'P0_i8.“—‘ Of e"<’¢9l1:l'‘1, , its growth‘ in Louisiana and the Floridas; all art_lcles,;l‘Ji- porfbd"fl“°“l.§‘Dain to these provinces were free of dilly. and a drawbacl; of the duties which had been pail {'1'} for-cl iirarticlegwas allowed. The articles exported f t. i . tlios‘e_-_pi;oviuces1_to S!pain,...werc free of duty,wbethcr l , l':§"""‘*'ltain .‘."“l‘:l’.""l“.‘el ti-9luhamtar:t§_ in well‘ rm-rt‘="*..* as _ west territory,-dated‘ March, 1784-, provides that the , on the law»s».4-.fl'cCLiIlg‘ the propprty of those -inhabitants. , for tll_c1nere_ benefit of the inhabitants. _ “ bulb and _cncmlPagCfll£fflT’lll that oournft‘.M0~fi€‘ll'.,7Jb.l0Cl gt";-$uniei1,‘:i.n.: $paiu',Lo,i' _ re -‘exported to foreigu_count s. Tlie illiliie oi‘dinsuc,c ‘had also provided that a, ip"1"cfere'§C,¢ ghoul-_lb,_e_ ‘ten to all the _productions of Louisiana god *._ the Flori‘ as, by prohibiting their importation froni’,f0- ;, 1-glégn éouiitiies, whenever those provinces should I-0- dace sufiicigiit quantities for tho consumption of Sp ‘Fl- "i~‘ll<: govcr‘ " cuts of‘ these. provinces were mild and =-','-‘f\“gi3c,,;, 11,;-,«'il;g been ‘guided, by apolicy wlilcliyyiflorj (1 ;,:§;cugji"ag-litpist llidlfili depredatioii, which hadno l- .-5, bpen good fortune of our frontiers. _ 1 ill .‘ 9' so l“‘were indeed miserable tllevll‘-’3llll‘e3'l' *5.=l?..P.t-I . ’ i .. ~. '' ‘ not uuputable to their old _govei1unent.... ll;-e Ve div associations, an gwen -.ced,-_t.,lie'm from tlieirganciéut , ‘ of-*e‘n:ulat.,io‘ii, by en ag'in.g.~to' couple_thcir<_lestin_v (in the . l-.u~.g.uagc oft-iovernor Claiborne) with on own unclaim- ‘pied’ prosperity, and the world must no witness with what diietgi-icy or ill faith, wearc to meet he deinzuid for a poi-forn.ance of our compact. - , . _ . _ ~ ‘ ' ¢. How is ll, Sll‘, that this grivelnrneiit bit slavery in the country west;o_f_ the ‘’ ‘goveimzzem knew in the;ac_quisitloii~ ._ (lie pctii‘ile .Ilicld_ slaves, byr ‘-1116 equ. tlleil-‘ claim" to their lands apll cattle. _ p can govei-zinient previoush w ell k: w, that species of property ii“:-.t~=met with exziaurdinai ' encouragement by tile :3pal;isli’7autlioi'i-ties‘; fbr, the lm ortation ofslavcsin- _ to L(iu.s‘iaiia.lia(i been admittt-d ire of duty, and even it-lie -exportation: ofsilvcrito purclias slaves was tolerated, tempts to prohi- ississippi ? Our the country t.hat lly legitimate with udeed, the Ameri- . ~‘ g,«‘m;1yqsegulauoii‘s $t't:l'(.‘. know n to o r g‘overnme,nt,as ap- Pwmby ,p_e.leltt:1' of Mr. a‘uort,tii American minister “.7 Mill‘.-1‘-‘llilt l-ll‘-Ultrp Sec:-Qtai-y’ of State, ated the first Jutly, ,17*.i,'_:,.i ,Also, bepsitles the land grant ' to emigrants, or culiivafloli and iliiproveuieiits, an ad itional qua_iittityivv'a:: ri-ax._tt’.-‘cl to the master for every sla removed in o Lou- ‘ %3l2{l:,l}y._ '1 he Spanisu treaties with rilellldl3l1l1'll)(3S‘l_l£|(.l niitiiceflectual provision for the a iplie security oftlic p,1“U,it;‘!,‘.t) on tiiesavage l'ro‘ntier,- manifest ‘by the 'tre'.u_ie's oi 17t$-l-,bctweeii the tap msli authrirlties and the l‘al_lapucli-.—., Cluckasiiw, Cboct ,and other frQn_tIe1' Il'll)€lll: uni; 5fi()\;‘l‘lll]iClil was app:-zed cg‘ thL“*§*: tr:€3|C3; our ii.mistel- ‘at I» adrid having ti’s'n iiitte copies 0 sun to th,e_’:;rcrcta,ry of State, in 1793 and indeed the trea- ' ‘ty.oi"ol' 1795 bc‘tw_een Spain and the United States, in its filth article, has‘ a recognition (if, or at least reference to, those lndi.-in L:'t:atlL8. ’ _ The Anierican government, wifh full knowledge of,a".l the circumstances to which 1 have ‘referred, expressly su. pulateu in the treaty," by which it acquired Louisiana, that tile iimabztams would be nlaintuinedlandpratected in thefree‘ enjoyment oft/iezrproperzy. Yet the amendment oftlle gentlenian from blew York, aims to yauquish shat pro- perty. This clause of the treaty ha-,,ui my humble opin- ion, oeci. greatl)’ maltreated in the speech delivered at the last session, in one brilncii of Congress, by an honor- able memuer from one of the most populous states. of tlie‘Uuion._ cannot be improper ‘to have an allusion to it now; as its scntinieiits are not (lll'lt.l'Cl1l'.' from thosc espoused by the restriclionists, in support of this amend- m,-,,,;_, g; uaasaid, and is yet -urged, that the stipulation let _..".i "ll I,',L‘3l-3",. - This iii nu-dly attempt to shelter‘ our governinent froml ostimport of HS own obligation, and from what would i’ ave, con its duty, without express stipulation, is too ifellludspted to excite a feeling, in which Silllll not p:.ini’.t m_ selfto indulge. , The inliaouaiits ol Louis.-aua gwill n-.itu_rallj ask theuiselves how this conipoi-ts with the proli. s.~;ions_ ofuie Liiicf i‘~‘lagistrate of the buion, wuo, in auuouuciigig our possession of the country, Ct)l4gi'21luia'u¢.‘U the nation on the acquisition ofnew brethren to pa:-tal~:e' of tllt: Ul€SSll;gs of freedom and self"-government. . must an-i.ve at the melancholy couclus.on, that we consi. (lcr die U‘,C‘.lt) of ccssioii, as Ztl‘llClL8 of capitulatiou of ii .f".lllen Cllciiliay l\or, as articles-of Capitulation, could we, in C0*lSC.lClu.L‘, insist for tliis limited, or ratlier iiiairgli.-d, interpretation. has oi. a robber, H110 nad received his black nmil, or extorted revenue, on a proiniselliac l.c would not depri-dale 3 our property, would be ills-gs act.-it aluoug his colillf-lites, by .‘i_qttlbuit~: or pieteuce tiiat you tvcre only to be Said in your pi-op«.i't_v to day, bu. ‘that to-iiiuri-ow \\';‘l:$ a Lllflltltlll tiling.‘ To what t..0ll(llllUll would society he reduced if public assurances for thel pro'.ectioii ol pi-opeity, -only applied to the property lieluat the li'istaotf,_- Ever.’-y~ barter or exchaugl; of pi..- perly , vi uuitl exel'np'. utfgfrom the protection. Clnldren \\ oulu not be t.‘l&i.lldt.‘\lAl.0 the benefit ofthe treaty, ifoorn '.lfte.=' its date. and all who became inhabitants or citi- zens after its date, would be excluded from the treaty Tue} , ti-act, (filler consent, as will -, seen by the resolution of the"old Congress,, of July th 7th, 1786. Yet the ad- ‘ vocates of restriction do not th k of applyingeither to France or the inhabitants of uisiana for consent, -t_0l the exercise of regulations A ch repeal the treaty of cession. This nation, whether onsidered with regard to its municipaliustitutions, or p' chagacter arising‘ from its diplomatic, intercourse, is its last from which the- world could expect adisregaid >f' public faith, by a vio- lation of the lawful and pre-e ."“tiug relations between the [1E‘.l.“. ile of Missouri and their laves. - - l ' Previous to the treaty of ces on, it was known .to all the world that these states re_c_,_ mzed slaves as proper-’ ‘ ty, and, indeed, that the p0llllCl_“l)t)l1'(l which knotted to- gether‘ their l interests and ener es, had some of its most conspicuous features .in -an adju meut of its proportions W to the interests or rights-of slave‘, loltlers. The first essay by this gover neut, of its diplomatic correspondence with any Europcaii nation, after the it. doption of the. constitution, is fo lid in_ an effort to obtain from the British government lompcnsaiion for slaves carried-off by the King’s troops,-‘tin evacuating the coun- try, for wliicli [quote the. correspondence of-the Presi- dcin of the United States with ioveri~.cur- Morris, (our confidential agent in E-ur_.ope,_i,n. 789. Our governm'el§t. in l: 91, through the agency of.‘ r. Seagrove, its public commissioner, negotiated ‘with’ the Governor of East Flo- rida, to issue such proclamations land permanent orders as would prevent fugitive Slaves -_-from the United States from taking shelter in Florida; and our treaties with the bordering Indiaunatidns have made effectual pro- vision against the violation of property in slaves, for which, see the treaties with the Delawares, Cherokees,’ Chickasaws, Creeks, and other nations. The inhabitants of Louisiana, before the icession, had acquired at real portion oftheir slaves from the United States, for s aves were considered and protected as pro- perty, on both sides of the Spanish line, andthe erfligrants from the United States found the additional rlantity of granted land they eoulil acquire for every slave, made theirremoval adv aiitageoiis. Who, then, under these ciimlinistances, would have thought the property ofslzlves insecure, by the provision in the. treaty for the mainte- ,-nance and security ofproperty .9 Anterior to the treaty of cessiou, the citizens of the:ol‘L.l\’t.'S citiztns of Virginia, should have their ppnpe,-.y gccured, and be protected in the enjoyment of ti eir rights and liberties. T 'Wheu Congress, by the ordinance of 1787, establish. ed laws for the govermnelit--of’the terrtory, it expressed aproviso tllattbcy should not be construed to.iiifi_*,ing~¢ lnthe same cessioii, from Virginia, there were other an. pulations required, on the part of Cong;-css, in re-lath,-,, too, to the mereguiv-alitagg of tlielnlialiitaiits of the ceded‘ toci'ito.i:y,-iii.like manner as the stipulations in tlie»..«_.¢,,3,;;¢',,, from Fiance . COI‘.lalll€‘(l clauses for the. protection- rlf , prilperty and for incorporation in the Unitiii, llut, w lien -Con- gress became (ll six-nus to exercise a more ample disci-e. tiuu.@5 10 UN: C-ll'Cllmsuul(.‘.cS under which the new.-slatesv ",""=.l.l0l"«.ll~1~« est. to.-l'rito1'y should be admitted, it made i themselves in all respects existed between Congress communities‘fomiing in the territory, being destined for free, states, and Congress having only atemporarv power over the territory, ' such circumstances,.could desire to make an everlastin regulation-..no, not even by the ,c.ons‘_em omhe peo. le ‘i|.'llO were not the! in being, ' " tion ofthc people of that state. To it {ms ;mc..,.p,.e_ tation consists brill, with the oblig-a:j(,,]«g m.C(mg,.(.S_q, and the peculiar relation between lCongres‘s‘a"u“(l the territory. It will consist, in the first place. with the obligation in- CuI'!‘€d by Congress in the acceptanceof the cession of the t€I‘I‘1I0ry from ‘:l_l‘g‘ll'll3, the deed of cesslon l,‘,,ving gross and the new states, w'erc.to remain perpetual. ‘relations of interest between the general government . How easy also might the obligation of-' the state magistrates and judges to execute the laws of .i.PemitVme now, air, to be a moreparticular examina- tion of the 0rdinsnce~of' 178 {and a view of its parts in thcirjust distribution. The ordinance comprellends, 1st,: A Constitution and bill of rights ; . ‘ 2dly. Provisions for the creation. of new states ; and, » :3dly. A recognition of\the mutual .iut_¢l'e-Sts and.rela- tions which shall subsistbetween the new states and Con ress‘. _ ~ _ » _ , - . T. 16-. W0 first parts, the constitution and bill of rights, and the provisions for the birth of'\J‘l8W States. were in- tended as teinpprary regulations. Tlie third, or the part- in I‘el8ll0n to the respective or mutual interests of Con. 1st. The ord_'m:ince comprehends a constitution and, bill of rights. The constitution is found in the erection of a territorial government. In prescribing the respect. ive departments of that government,as that there shall be a governor to beappointed by Congress_,‘w-‘lie should have the appointment of magistrates and clvll 0ll‘lC€1'S; that there. $l10l1’-ld be a general assembly, to be elected b the frec White male inhabitants of the countiespand town- ships,to serve for the term of two years; that there should be a legislative council, to consist of 7a certain number, and appointed as therein prescribed; that the council and general assembly should liavc_-. legislative powers, subject, however, to the negative of the go. vet-nor; that there should be a secretary, V ju‘dge_S, &c. ;. that there should be no law afl't_‘ctirg. private 'contra<%ts nor Contrary to the ordinance, &c. Here, then, we lluve a territorial government, with legislative, executive, and judiciary powers; but the ordinance affords more. The framers of this territorial constitution were men f-lsllltln. ed after the manners and notions of our Englisli auces. tors, who have always conceived that a grant or recog- nition of legislative power should be accompanied by it mugna charm, or bill of rights, declaratory of certain 'WlllCll, atall events, was not intende gpponcllls, asvavpi-oof that the articlfi Y claimed and exercised the power of changing osmodify. .:no»cllange of constitution should be made, excent on the have any effect,‘ a clause or precept; lllc service of our 0l._the ordinance, as it contains. nothing like “an enactin. has, nevertheless, been pressed int thus prefixed," became is part of the , states to be.thereaf'ter formed in the ple wlio,.as.y.e_t, had no existence. V ‘ scssing but a limited and temporary tliority, might ex. ercise that authority _wi_thV exal-tedi-ff nd commendable views,-or, indeed, might form an exp tion that its tem- porary authority could be so exercise t“-‘during the infan. cy of the western settlement, as to fiticite moral semi. ments an.d habits in the people, cal ’ .to.prod_uce a relish for institutions whl h were .considered desirable by men of fashion in the political World. ‘But most enlarged pow ers. pass ‘laws to be irrevocable by its successors, much less by the people in conventon. Con- gress, during the colonial condition of the tarritories, ilig‘".tl'ie constitutions of the territorial; governnents, in- stances of which are found in the acts of February 26th, ,1;8u8; March Sci, 1811;. aucl-M-ay_2l.,tli, 1812. It was, tilt-:1-’€f()l'(~>, politic to afford emigrants Can assimnice that basis of certain principles. This assurance is given by Congress, being one party, and was obligatory on that ‘party. The preamble speaks of laws and cons;itutions, icoiiisitlering them as synonymous. It immediately follows the constitution made by Congress for the territory, and evidently had no relation to state consti.tlitions,for the contemplated states are not referred to in the preamble, nor had they been mentioned in any previous part of the 0l‘(_lll’lal’lC(’.. "l‘li.e preamble declares that the. aiticles of the ordinance shall remain uualterable forever, unless by‘ f'undarpe,ntal principles, by whigh those entrusted with such important power should be guided. 'l’he'y there- fore furnish in the ordinance a bill of‘ rights, which, like similar declarations therétofore adopted by manyof the states, was "an imitation of-the declarations of ma_ _na,_ charta, and of the bill of rights of the first year of Wil- liam and Mary. ‘Va accordingly find it provided that the people/shall be entitled to the habeas corpus, trial by jury, representation, judicial proceedings according to the course of the common law; that bail should be al- lowed,—lines be moderate, cruel or unusual punishments not inflicted; that no man should be deprived of liberty or properlybut by-the judgment of his peers or the laws of the laml,E;c. . 2d. The ti-dinance has provisions for the creation of new states, which are found in the 5th article, prescrib- ing the time’ and circumstances in which the new states should be firmed. » ‘I 3d. The ordinance contains a recognition of certai,u and thenewslates, which is found in the 4th article, and were inteiidedto remain perpetual. But an exainiliation of the provisiois of the 4th article (which all willagrce was to be pcrpetmll) will prove the just caution croon- gress in absmiyiig from all pretence of binding those people after t e period designed for their emancipation. For these per etual provisions are mere declarations of the obvious ri his and obligations, which would at all ._the ordinance, sufficiently manifest, in the recital of the successive provisions, which are applicable to the territo- - Thus, the clause requiring j cl,)mlIlO}l consent. Yes forever, if youplcase; for there ale rights and interests depending ontlie force and obli- ftiou of the temporary laws of Congress, W_lfilCll must I ‘e forever :- such are the g‘l‘uuts of laucl, and promises public advantages to the iuliabitants; but with whom did Congress make this compact of several articles ? The ordinance answers the questiontz -“..’*.Witli—the in/zabz'tam.v qftlie te2'rz'tury, and the fitture s-title-‘5‘ t0’be f0rn':ed,,t‘lierein,” for so it says. Such of the provisions, (lien. as. l'I‘0m their nature, could only be applicable to? the £81‘I‘it0r_I_I, and such as were expressly applied by Congress only to the territory, would, of necessity, expire when the terri- torial goverumeut should cease to exist, whilst such pro- visions as were applicable to the future states would re- main. An attention to the pliraseology of the articles of ry and which to the states. the -payment of a portion of the federal debt of the Union, expressly speaks of the people of the territory, and also of the new states. 'l‘he inhibition against inter- fering in the disposal of the soil, not only speaks’ of the -._tc«rri_toi'ial government, but of .the new sta.‘cs. In the re- cognition of the subjection of the people to the old cou- fecleracy of the Union, not only the territory, but the p~1‘0\‘isions of articles of the ordinance which 1 have in- sisted are temporary, and in the nature of a bill of rights, and mark the difference in phraseology. As when the events have overned their mutual relations, if not in- serted in the rdinance, although expressed to remove ' doubts and e assurances to those who might feel con-~ ..c_Cl'n€(l; such/as, tliat the new state should for ever re- main a part ofthe confederacy; that the inliabitants should contribute their portion of the national debt; that the new" states snbuld not interfere" with the primary disposal 1» of the soil, qr tax the lands of the United States; the clause also declaring that the navigable rivers should be common big wa_vs,.;»was the proper result of the 4th arti- cle of the ol act of confer‘;-ration of the states. V That so ch of the ordir.ance‘as l have designated ‘ under my 2d llesixl. which prescribes the time and manner in which the slew states shall be formed, was int":-.nded, to be temporary, and expire with its execution, wlienever the territory llecame competent to form a state govern- ment, will not be questioned. _ , That so much of the ordinance contained under my first division created a constitution for the territorial governmentnlss only intended as a temporary provision, is also evident, as no one will ‘ct-intend that the territorial constitution ' if departments could continue after the formation of state constitution and government. That so much of the ordinance (arranged also under my first, rhead) as is resolvable into a bill of rights, is ‘temporary with r(‘g‘ard to duration, would seem to follow the ad- lmiS.Si0".-£l3=it stlisx ‘tonal C.9I,lStltugiQ{Lb>T%=5-.$§$QDli‘li'xi§§ that the objectfaull use of the bill of rights was a declar- ation for greater certainty of the great principles which was to govern the exercise of the powers granted by the constitution. The bill of rights would then only retain its being, _\vhils_t tliecoiistitutiovl, to. which it is a predi- _<‘»at€. remained in force, which would of course be dur- ing the continu:iuce‘of the territorial government, and no longer. But, as my immediate object now is to arrive at the result that the bill of rights was‘ ‘not binding on the people of Ohio after their cr.,~uipetenc_v to form a state. constitution, my purpose will be as well accomplished by the suggestion of an idea not so intimately connected with duration. ‘" \ ‘ Bills of right, or tlcclarations of right, have been re- sorted to by our auoiveslors, to secure'thcms'elves against the abuse or opprqssion of legislative or executive au- tho:'itv_es. They wqe the bonds of the sovereign, held by tlicpeople, as a {once against him. They confi-,m~ecl no legislative or tax cutive powers; but, so far as they operated, constrain6:i those powers, '|‘hey d;fl‘,;-red from QUI‘ modern i_iriiuricgu constitutions, as an imperfe-.".t docs fl'*m_'l_ 3 Ptrfect rig‘uL,or obligation,or as a moral obligation is duferent from a legal obligation ; for ifthe bill ol'ri.g-ms t_ln.- constitution be transcended, its legal operation is felt by auil’t.illilig the excess of authority. ' ' As a bill of riglits imposes no obligation, exccpton the g-pvt.-rninent,noue other can violate it. The people can \l0l:lle no obligation in relation to it, for they are under no such obligation. it is a schedule of their rights, not of their tltlilts; those riglits which our ancestors were us‘-CCl_ to say “doth appert-.-in to the people ofthis realm.” Wm’ ¢‘."eI‘.lleartl of the people being bound bl: a bill of rigll s? p ’ ‘ _'; _ — _ (j't‘nl-lcmeu will have observed that the llll‘€(:-l"0l(li (li- vision to which I have resorted is sufficient to compre- hend the whole of the ordinance of17;»37; and‘ we 1;,“-6 only to enquire to which of the three respective heads is Elle Gil] article, ilihlbitillg‘ Sla\’(,‘l‘}’, ref'eral)le. It is not _.r«.--feralile toithe third head, which comprehcnds those interests, claims, and obligatiozis, which arise out of the relations between Congress and the new states. The oliligatloll to discllarge a portion of the federal debt, to e1-;euipt public lands from taxation, and open the naviga- ble rivers to the whole cmitinent, &c, were ,,},j¢.Cts'af, fecting the ‘ pervirauelit l‘(:latl0ns to the general govern- ment; but xvhether slavery should exist in that countrv, llkctlle provisions '.>f~tl.e liabcas corpus, jury trial, _(>_ul_v cong§{_ge~dwtli;i,l,;lcrmporaryp connexion sprillgiu;-3 _l‘rom, ‘find Cmlsoqueliily Vca‘pirmg with, the territorial depen- ueno}-’. -, -* . . l ll'clV€-9 m_0l‘90,V€-I‘; Sll<““'I1, that, in a(ljusti:ig' all other I‘ClaUOHS Of llllC‘._"e"t-ll.‘ and obligation between Congress and the NEW States, (which class of provisions I admitted tp be perpetual) (3<.vligr('ss confined themselves to a mere C-<=Cl:ll"-ltloll 0I‘_recognuion of rights and duties; which \'V‘>|iltl l'l=3"C €'Xi6'tetl altlmugh the Urtll-?l3liCe had been si._ l¢‘~|ll-- ll‘, Ulclclbre, the 6th article, containing a new and &llltl'lt1f'llall\'C inandaze, be fol-ced in the same class, it. would furnish a.'manifest auoznalisin. The inhibition of 5liiVC1‘,\‘ l‘--lo‘ H0 Ctlmiectiou it ill} the second division of'tli'e" "”'tll“=1=‘IC€‘a Wlllclloiily reg:.il:.tes the cre.a.tion of new state 5...‘. “Nil tllt‘ “Tot ll("4tl c.(inipi-clielirls the inhibition. "it is l”l..6:l' apart of tll_,e constitution or of the bill of righ_t_s_. I01-lllil U1 '-he Ofllinallce, nor is it material which ; f'.n~, ifit” be a clause oftlie consfnution, its operation was to 1'61‘: 8‘:-l'3lII NIL‘ lCl'3'll_0l‘l£ll~ legislature from the tolei-ntion or 5l1'*“¢*T,‘_'a3_-lid Cxpn-ed with the government to \Vlllt_‘.l1 it J-;‘?‘~"t= l1m1lS- But‘, if it is to be considered a portion of. “*6 lllll 0l'1'lt-f.'llt-riltlexgiirerlwith the extiiictioii oftne powers provided that_ the states _to be formed in the territory bllfllfltl. be (hstmct, republican. states, alldailynitted "mm, be-I‘3 0l the federal bnion, having the same rights of sove. 1'€lB‘"lYs freedom, and independence, asthe other states which they would not have, unless pérlfiitted to goverxi where no; restrained‘ by the I say, in the second ‘ place, mg; the b(‘.St COIlSl5l_3 relations whicll “"1 ‘he l‘3l"‘ll0I')’; for the federal obligation, interprets-lion, I give it “as film‘ l""‘5ll'“+'*§lC Collgrcss, in or in a condition to do any '-on to Virginia, being the other partjzlo the con- liing which would bind the .f'_u.ture pebple Of the country assembled in convention. to ill hicli it was annexed as a res‘u-aint, whether we are to" lmik fill‘ llW5L‘ P0’tVers in the territorial government, or‘ 131 illfi t€fUP<’{l'3l'_y autlicirity of Congress to legislate ovér tllfi‘ <:ouMry 1“ NS territorial grade, and, indeed, as air- ‘"llf31€ ‘Pl Alli}-‘ bill of rights, never had any force against the people tncmselves. H A . " l he preambleto the articles in the ordinance, expresses’ P168 Of CW” and religious li.berty,;which form the basis ,WhCl‘€U“ lllC5€,1.&‘-publics, theirlaws, and constitiilions, areperected; toll): and establish those principles as the f0I‘eV€‘I' hcrezlfter shall be formed in the territorv, act? lliabeas corpus, jury trial, Etc. are secured, and excessive ‘tuition of the United States and the l*‘rer.ch treaty are was transcended, the excess was morally wrong; but, if the Ul<)‘f-lV' tempt, it would seem superfluous, if not " idle, to trave into the expediency of the measure. But;'if the Consti- both -in favor of the power you now attempt to exercise, it would remain for the fiicndsof this government to de- cide ou the policyof restraining the liberty of the peo- ple and states, by a too copious use of powers which li-ave hitherto been dormant. Any attempt to reform the man- ners or character of the people, by extirpatiiig slavery, or by other means, will, at any time, be founda task, the performance of which will bringyus ir.to:collision with long rooted prejudices, as well is local jealousies, and must draw the government from that loftly and impartial stand which it ought to sustain as the arbiter of differ- o lated, in the'end',' A Congress knew, that it could not, in the exercise of its ' ‘rope, together with .states to be formed zhereizz, are spoken of. But turn to the‘ were in-formed"last"yéh’r by the Chaii-man’of‘ thecommit. tee on thcslave that -the im oi-tation of slaves had been found profitllliles avcn by s ' erillg the laws 0f'Con-. gress to be executed, and submitting to the‘ ‘udgment of the court in prosecutions under them. Welxre not enti- tled tlrtalk of the inefiicacy of our ordinary powers, from hence to inferan authorityto ourselves incompfl ble with, the ‘iiite-rests -of many of the ‘states, until we shall. have fully exercised those. powers, and cured the defects of our past legislation. . "[m':Un‘a'rr. T0 or. coN'r1:rUr=i).] ; ~ - I -=niu.'riMons,, JUNE 2. The Exchange was opened yesterday to the public fpr the t_rausacti.on, of commercial and other ,busiuc,ss,; ‘and, conformity with the agree. ment ‘previousl'y -entered into,lthc elegant Hall prcsented‘to>‘the "view,.—between- the hours of 12 and 1 o'clock,‘-'a» largcm(~i»iicourse of men ofbusp ness-, COI1gl’¢.ga~£Bd9 fr».0m~ every partof the city. All present s~'cl'e...col\.!iI1cc.d 01?-tllc great utilityand convenience, of t,ho,1)lan of liolding aiiulilie Ex: ‘change every clay _-a:'t_a fixeclliour ;.and it is evi- if dent that a punctiia‘i"attenda'nc,c”cannotfail to pro- \ duce the greatest facilities in‘-the transaction of business generally. , a — . Being the first day of the .op,eniug, but little was doncfon ’Cha~nge,,it being r-egarrled rather as a day of general introduction than one of regular business‘. ‘ i - " ' W'c would deem it an act of injustice to Mr. Escavaille wcl‘._el we to pass without’ notice the Reading, and Refres_hm,ent;- lloo-,1n9,"~9i:tta.;,clietl to the Exchange, and ed up j,¢ii'der his direction.‘ In the News Room‘ to be found filesofpapers» from all‘ parts of th ‘nlon, and also from Eu- rices currents, ,shi”p'ping~ lists, txc. placed’ in st‘ .11 order that r_caders-do not atall interfere wit lpacli other. «I_nclee,cl,, the whole arrangements qfggtbotli . rooms are: markied witha combination (if, convenien.cc and taste‘ highly creditable to Mr; E and according fully with the other parts of‘ tliis. elegant edifice. -----v-—~ « l . r V . , %fruovi,nEscE§’-;FE-n. lo. _ Hats.--I,n the.yr.,ar [8 ,7, ,\v.as.c,oniputed by‘ well iiifeiriiiccl, m_‘6‘l.l_,“fl)!£if._Ii,‘l«.1l;§g§Ofllld value of near 1?0aQO0,O0Q dollars‘ were f,anli‘u-ally 1 niaiiufactiiifiecl in the Uiiited ’s‘aue:ts:” li'llli’t‘)’;tlc“ll,'islancl' alone flir- oishcd to the a.-mm-int of ‘2~50',OGt_)‘il(illlars’,- in fine l--‘ills: besides felts to a~,;very great value. The .~ amount imported Vexcced-ed~,. the amount exported by 25,0,QO0. But this branchvof. trade has at last Zbecome truly flotirishing; Fiointbe.'.best"infox- rnation illilt can be obtaine(T,“the value oftlie ex- ported hats now exceeds t~hat'"ot the imported by -several li'undre.dtliousand dollars. The‘ Ameri- ,can hats are as fine as the Engilisli, and more sub- stantial and durable. The on'ly“deficicncy of our well as thoseof the Engllsli. It is to be hoped, that they will soonlcarn tlie-"art of makings bright: and durable l)lac-k.- -lf,-_ lio..w-ever-, they should not, every true economist .ouglit.‘..to‘ prefer American hats totliose of Eiigland, because the American will last longer, and he experiences no inconve- nience if its color is not q~’-uitc so deep a black as that of its F.uropcan,l~i,val._j - i . i VVc understand, that Silver Dollars are im- ported into the United_ p§3t:itcs from Englancl. Three vessels. have rpe,ccntly _ brolight in .,greater or’lcss quantities. It is 'paid,.». tlfiat,’ in ‘London cnces between the respective states. -‘w , ...._.,...._g ... . _..__q‘._ ,-.. 3*.‘ ,_ . front the. iiiteinpeflite use ofcolfstifi§foif§lv}‘;b'wei‘s,as from '.the infraction of that instrument. The first abuse must be borne, until its continuance engciideis against gov. - crument a spirit of distrust, or indeed enniity, whilst the last is apt to be corrected either by tliejucliciary, or a full ll.- vestigation of the constitution. The old‘Cou9‘ress, in .adopting the ordinance for the government ofthe North ‘yiest '.l‘erritor_v, were tempted by moral considerauoiis,« in relation to slavery, which can have no weight with us, for Congress having now the undoubted right toprohibit the importation of slaves, can, by thedue exercise oftliat right, make it immaterial {on the score of the increase of slavery,) whether ‘slaves ‘are removed to the new, or re- tained in the old states. But the states» under the old confcderatioii, had a right tuimport slaves from Africa or clsewlierc ; and the Congress, by shutting the western market against their admission, exercised its only mean ofretarding the increase of slaves in the country. A gentle-man from l’eniis_vlvauia, (Mr. bergeant,) says, the inhibition of slavery in the territorial 0i'ulllilllC_‘c, was the 1'csult of comproniise. He has, however, failed to prove this assertion; nor can 1 conceivehow the inhibi- uoncould have sprung from comprouiise, or how the gentleman would aid his side of‘ the question by iiiakiiig it a compromise. Vt-hat was compromised? ’ if it was a _coucessioii on the part of \'irgiuia, or the south, what was the equivalent received by the south? Virginia had previously prohibited the importation of slaves, but, mas. nlucli assiie could not prevent their imp'orla'iion by other states, she was willing to lessen the. demand for them, Virgiiiia, always since i699, has evinced her anxiety to abrogate the slave trade, and exerted herself‘ must; to pro. lnbittlie trade, at .a time when Peiilisjlvaiiia and other -’stutcS 'uow'S0 forward llT"tSlLl;)ll5llll:g‘,lTL;.Sl.l'lCll0ll on Mm. souri,"did not discourage, but rather promoted the im- portatioii of slaves. in the second year of George the 2d, _ andgrluring several years thereafter, whilst Virgim~., uh. ‘posed’ as heavy a duty on the ilnportatiou of slaves as ‘ tile Crown, influenced as it was by the Britisli merchants, would ,perii_ait, with a view to a prohibiuon of the trade, l.’enn's_ylvania imposed a duty, which, réduced to an -all l valorem impost, did not C‘XCt.‘C(l about 4 per cciitum, by which me-.uis this province had a transit duty on ‘Virginia . slaves, and eventually kept the trade open between i"lfrica and the coliiitiysoutli of Susqllehanl1a,notwithstand. log‘ the struggle of ‘virglma against it. . ._ i it is insisted tliat tlieadnliss.oiiof' slaves in Missouri and the west, will open a wide lli1Ll'l{Bl, and encourage the smuggling offorcigu sl-.ivt:;~:, in violation of the laws of. .,tl_ie.,Uni'oi1. We suould be sure o.f..tl.ié...t.ru:li.of this anti- cipation before we act on its basis, and even when assur- ed of its truth, it would furuisli but can e3;ccutric excuse for legislation, in which we would allege our own imbe- cilltv and iuconlpeteiicy to prevent an illicit trade, by or- duiary lneaus, as an apology for iueasdres of extraordina- ry iuconvenieiir.te and t;‘lll‘u'.ti'l‘IlS.5‘ll‘lt.‘lli. to the southern sec- tion ofthe‘ Union. But, will it be prt:teudc(.l that this government is inconip_etciit to prohibit the slave trade, ‘unless by these restrictions on states. None are authori- zed to assume that position until he sllallliave sliewn that the other and ordinary powers of the government have l-icenexliausted witliout curing the evil. A Although gov. -*er-iiiii‘eiit has done something, it has by no means done titsfutmost to proliibit the trade. 1 had the honor last é'}'{;;u’, to su:.unt a proposiil to pon'rsli“=tlii.ise engaged in‘ the _u\:yla\';e.trade, with dc-at.li ; aim, although the proposition» rv“3g'; atlopted Ill this House, it was rejected in the Senate.‘ ywpwé. years since, when_ gentlemen objected against the bill for the recovery of fugitive slaves, that it might af. forda coverfor kiclnappillg‘, 1 submitted, in connection lgwith that bill, a section lllfidltlllg the punishment ofdeath ..on the offence of kidiiapping. But _tliat.p(misl;mengwa3f “-thought too.severe ; and the House, on the motion of a lg:-ntleman from Vermont, struck out the capital punish. yfnent, -and inserted two or t_hrce‘_v<.ars irnpri'sonnieut.\ .;Tlle slave holding state of Virginia has nladéikldnappiug ,-‘l.C:1[)l.l.3l offence, whilst gentlemen from the north, who "'jablior_slav'er_v, cannot be brought to ~p[,1’|figh.[nat 0“-,._.,,ce oiher‘wise than as a trivial misdemeanor. . The laws of the Union to prohibit the impol-tatioll‘ of slaves have ge- nerally left their whole efficacy to the Vlgllalicé‘ and vir- ule ofcommon iu_formers, who _ would seldom be found to carry prosecutions to a terirlinatioii in i sections ugh the couiitry where the slave trade was not uiW,pu13,-. U". I. And this Pfcilmble, which good men*mi'ght call a di-.clara.~ timl of the SeH.Sc,of Congress of thefundameutal rights of 3 PE’-Olllc W310 Stood then ‘in the grade of colonists; trier sane ofour laws the trade itself was carried on; one lot‘ the Sfllllllefll ‘states liaviug carried‘ the bale ‘and deten- .;-.tio,n inslavery ota great number of importedAf'ricans,underv which bad iucn would dencminate a more flourish; andl i \ .i 'l l 9,.....nv ~-'u\.-3..“‘.I”‘,r V‘ "the express provisions ofan act of Congress. Indeed, we tg. 4-s consequently 5 per ceiitutiider par; ‘T-heii‘nfiux of silver from the ’c"on"tin’cnt7vilitlili‘Eii‘glbl'1d has been considerable; as being amore fawn;-able remittance than billslof exchzinge. Dollaxbfrom South America have also vbeen importedfinto England in large ‘quantities.-—At Buenos A3-'res,it is said, they are worth only about 4. shillings sterling. t In con‘sequ'en'ce3o"‘f' this influx into England, we have heard it accounted for, that dollars are so far below par as to afford a profit on importation into this country. i VVe may in. This is not. the only remarkable circum- stance of these times. Business is so stagnant, that we hear o,finucli«_ idle capital afloat. Per- sons would willingly borrow it to pay their debts; lrutthe want of confidence operates as a.-serious im ppecliment between those who have -it, and those who want it. Many of the banks who are solici- king‘. I’l'ivate,capitalists-in some of the -northem towns are said to be willing to loan on‘ undoubted Sf-‘Cl1l‘ity, at 5 or 6 per -cent. The public 6 per cenls. command from 3 to .5. per cent. above par. The ,t_2,"0Vel‘nm€nl are authorized by the-late three- ‘million loan bill__to take the loan att} per cent. if l'Ceo¢sf=.?i'liof%:: C, _. 1 mgs 6 pence bci,ng-‘the p3,1',‘tThe ,d,_oI1_a;-,3 .§_,,.‘-gv,.- ' ‘ therefore expect to see more of then: brought l tons to lend, cannot. always a get paper to their li-., an account of a Mouse, having been caught in the pantry _ this Ofllcerwas quiteworn-down with ’ fatigue in his eu- - Vile-JE Long R aom over tberubim-...uaths,‘in’ Cfistreet,-is r .of'twElve ,di'ré;c,'tors .