Eastern times. [volume] (Bath, Me.) 1846-1857, 1850-05-09

NO. TIL RE Z.

u y n II De
Amer n protracted and dubious struggle. tn,
independence of the American Republic was a
length achieved, and the people began to settl,
down in peace and quiet. and prepare to enjo,
and perpetuate the liberty they had achieved
The attention of Congress was turned to the
establishment and extension of free institutions
A diftieu lty of serious character presented it
self in adjusting the conflicting claims of the
several states to the immense territory acquired
most of which lay beyond the Allegheny
Mountains. then the Western limit Of civiliza-
ton. But the recommendations of Congress
prevailed, ard the several pretensions were
coded for the common good, to the general
government. The claims of Virginia compre-
hendcd nearly all that is now Ohio, Indiana,
and Illinois, but they were finally yielded upon
no other condition. than that the territory
should be disposed of for the common benefit,
to be finally erected into Republican States.
Let us now consider the action of Congress,
in relation to the regulation of the territory
significant indication of the progress of liberal
principles, evidenced by national policy. We
find that in 1887, Congress promulgated the
celebrated ordinance, known as the "Ordinance
ofl7s7," for the government of the territory,
northwest of the river Ohio. In this ordi-
nance, for the purpose of extending the funda-
mental principles of civil and religious liberty !;
to fix and establish those principles,
as the basis of all laws, constitutions and gov
ernments, which for ever thereafter should be
formed in said territory" Congress established
"certain articles of compact between the origi-
nal States. and the people and States in the
territory to remain for ever unaterable, unless
by common consent" Ore of these articles of
compact declared that there should be ''neither
slavery nor involuntary servitudc in the terri
crimes providing however, that the right of
retaking fugitive slaves from service, should be
preserved to the citizens of the original States.
This ordinance is recorded as having been
adopted by the unanimous votes of all the
States, there being but a single individual ex-
ception, in the vote of member from New
York-a fact Significantly and irrefragibly dis
credting the idea so strenuously maintained by
Calhoun, that an equilibrium of free and
slave territories was originally designed to be
established. Indeed, the implication is in favor
of the opposite doctrine. The language utter
ed in liza and reiterated in 76, seemed to an
ticipate rather the restriction of slavery to its
limits, the original States, and of excluding it
from all national territory, than its introduce
ton into new States.
The ordinance above referred to, it will be
remembered, was promulgated by the Consti-
tutional Convention while in session, prior to
the adoption of the Constitution. We refer to
it, not as authority upon the mooted question
of the right of Congress TO legislate upon the
subjsct of slavery, but as an indication of the
state of public opinion, and as an index of the
national character and national policy sought
to be impressed with the stamp of liberty. The
internal arrangements of the States, however
conflicting with the great principles asserted.
were not interfered with, or legislated upon
They were left to give way before the steady
action of the national faith and national policy.
Such was the state of opinion when the Con-
vention for framing the Constitution of the
United States assembled. And the first glance
at the preamble prcfxed to this instrument,
discloses the same great sentiments, reiterated
in the objects to be attained, to wit-'to form
a more perfect union establish justice, ensure
domestic tranquility, provide for the common
defence, promote the general welfare, and Sc
cure the blessings of liberty That several
clauses, intended to refer to the institution of
ton, and properly termed compromises, the most
ultra constructionist cannot successfully deny
but the consequences resulting, or power
comprehended in such clauses will ever be
subjects for difference of opinion. We ques-
ton whether the pledges given in the covenant
of IVA, iterated in the declaration of i776. and
reiterated in the ordinance of 1887, were in
tended to be violated by sanctioning, in any
particular, national legislation in favor of the
institution of slavery. The manifest attempt
appears to have been to preserve the action of
the national government free from all connec-
ton with the system. No reference to slavery
as national institution can be found in the
Constitution. The terms s'slave,'' slavery"
and "slaveholding, according to Mr.. Ran
dolph, of Virginia, were stricken out, because
Thought to express the condition of slaves
An amendment to the Constitution provides
that "no person shall be deprived of life, iber-
ty or property, WITHOUT DUE PROCESS OF LAW"
thus clearly proving that slaveholding in the
States can have no rightful sanction or support
from national authority, but must depend
wholly upon State law for existence and con-
tinuance.
The sentiments OF the times in favor of uni
versal liberty, are also recorded in the sayings
and declarations of the eminent men. Read
what Jefferson incorporated into his "No,cs on
Virginia" on this subject. Says he, 81 think
change already pcreeptible since the origin of
the present revolution. The spirit of the mas
ter is abating that of the slave is rising from
the dust, his condition mollifyins.-the way, I
hope, preparing, under the auspices of Heaven,
for total emancipation and that is disposed,
in the order of events, to be with the consent
of the masters, rather than by their extirpa-
ton" In the Ratification Convention of Vir-
ginia, MIR. Johnson said-'1he principle of
emancipation has begun since the revolution.
Let us do what we will, it will come round"
Citations OF similar sentiments might be multi
plied-we will close them by giving the re-
marks OF Mr. Leigh, of Virginia, on one occa-
sion IL thought it ,cas knoun to epery bod,
that during the revolution, and for many wears
after, the abolition of slavery was a fayorite