Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1849-08-23
The Ordinance of 1767-Histor-
ical Fallacies Corrected.

There is an almost universal msapprohension
in relation to the exact history of the Ordinance
Of 1857. II is true that Mr.. Jefferson drafted
an Ordinance in 1881, but it was not The Ordi-
nance Of 1887. 1t did, however, contain tho
celebrated prohibitory clause. II is historically
correct, therefore, to claim for thlt distinguished
Statesman, the authorship OF this very essential
and important feature Of the Ordinance.
In 1887, on the 18th day Of July, the Ordn.
ance reported by Messrs. Darlington, of Va;
Lee, of Va; Dane, of Mass; and Smith of NY.
was adopted, " by the United States in Con-
grcss assembled" The following are its essen.
tial paragraphs
IN is hereby ordained and declared By The au.
Mority aforesaid, That the following articles
shall be considered as articles of compact be-
tween the original stntes, and the people and
states in the said territory, and forever remain
unaIterable, unless by common consent.
CART. vi. There shall be neither slavery
nor involuntary servtuie in the said territory,
otherwise than in the punishment Of crimes,
whereof the party shall have been duly convict
ed PROVIDED aitoays that any person escaping
into the same, from whom labor or service is law
! fully claimed, in any one of the original states.
such fugitive may be lawfully reclaimed, and
conveyed 10 the person claiming his or her Labor
or service aforesaid"
Ga the l7th day Of September, of the same
year, (l767) the Convention entrusted with the
important deity of forming the present Constitu-
ton, completed their labors.
The LIST section of the 9th article of that in.
strument reads as follows
| "All debts contracted, and engagements enter
ed into, before the adoption of This Constitution.
shall be as valid agains the United States under
this Constitution, as under the confederation"
AS the Ordinance adopted on the 18Th of
| nj mt o,1,, i-oJ h,,t
being an engagement entered into'' by the U.
States with the people of the Northwestern Ter
rory was substantially made part and parcel
OF the Constitution itselt-as much so as if it
had been rehearsed in that instrument.
| Besides such men, from The North, as Roger
Sherman, Alexander Hamilton and BENJAMIN
Franklin, the following Southern members of
The Constitutional Convention voted to make the
Ordinance, which forever excluded Slavery from
the Northwestern Territory, part Of the Con-
s.lution, viz:-
DeiaWare. George Read, Cunning Bedford,
jun, John Dickinson, Richard Bassett, Jacob
Brown.
.Maryland-James M'Hsnry, Daniel of st.
| II o mas Jeuifer, Daniel Carroll.
Virginia. George Washington, John Blair,
James Madison, Jun.
Worth Cdroind.--W William Blount, Richard
Dobbs Spagh,, Hugh Williamson.
South Carolina.-John Rutledge, Charles
Cotesworth Plnkney, Pierce Butler.
GeOrgid.-W lillian Few, Abraham Baldwin,
The validity of the Ordinance having been
thus asserted and secured by the Constitution,
it was not necessary that it should be "re.enlct-
&c" alter that instrument had become the funda-
mental law OF the land, nor tcds it re- enacted in
l7e9, as Is almost universally represented. Ii
was, however recognized and amended on the 9TH
dav of August, 1889, as follows:-
SEC. l. Whereas, in order that the ordin.
ance of the United States in Congress assem-
bed, for the government of the territory north
west of the Ohio River may continue to have
full effect, 1t Is requisite that certain provisions
should be made, 80 as to adapt the same to the
present constitution OF the United States, il 10
enacted, 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 10 the United States in Congress as
sembed, or to any OF their officers, it shall be
the duty OF the said governor to give such infor-
nation and to make such communication to the
President of the United States; and the Presi-
dent shalt nominate, and by and with the 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 81 appointed, shall be commissioned
by hm: And in all cases where the United
States in Congress assembled, might, by the ssid
ordnance, revoke any commission or remove
from any office, the President is hereby declared
TO have the same powers OF revocation and re-
moval.
SEC. 3 Ia case of the death, removal, resig-
nation, or necessary absence of the governor of
the said territory he secretary thereof shall be,
and he is hereby authorized and required to ex
ecute all the powers and perform all the duties
OF the governor, during the vacancy occasoned
by the removal, resignation or necessary absence
OF the said governor"
From these brief "reminiscences, it will be
seen that the Ordi ance not only received the
unanimous vote Of the Congress OF l7s7, but
became, in fact, a part Of the Constitution, by
the unanimous vote Of the Convention by which
that instrument was framed, and subsequently,
received the sanction OF all the States which
gave their votes IN favor Of the Constitution. Is
II not ridiculous, therefore, to contend, that it
would be unconstitutional 10 apply the principle
Of that Ordinance to New Mexico and Caltor-
MA, when the Ordinance which embodes that
principle, is part OF the Constitution ltself?-
Albany Eve. jour