" The cession of Georgia conveys the Territory subject to the
Ordinance of '87, except the provision prohibiting slavery.
These dates are also interesting in connection with the extraordinary
assertions of Chief Justice Taney, (19 How., page 434,) that "the
example of Virginia was soon afterwards followed by other States," and
that (p. 436) the power in the Constitution "to dispose of and make all
needful rules and regulations respecting the Territory or other property
belonging to the United States," was intended only "to transfer to the
new Government the property then held in common," "and has no reference
whatever to any Territory or other property which the new sovereignty
might afterwards itself acquire." On this subject, _vide Federalist_,
No. 43, sub. 4 and 5.]
[Footnote 7:--Sherman was from Connecticut; Mifflin from Penn.;
Williamson from North Carolina, and M'Henry from Maryland.]
[Footnote 8:--What Mr. M'Henry's views were, it seems impossible to
ascertain. When the Ordinance of '87 was passed he was sitting in the
Convention. He was afterwards appointed Secretary of War; yet no record
has thus far been discovered of his opinion. Mr. M'Henry also wrote a
biography of La Fayette, which, however, cannot be found in any of the
public libraries, among which may be mentioned the State Library at
Albany, and the Astor, Society, and Historical Society Libraries, at New
York.
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