The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-28
MIR. w ellborn said {:

Mr. Wellborn said:
la rising, Mr. Chairman, to reply TO the argu.
ments Of the honorable member from Indiana,
Mr. Fitch pronounced on yesterday, and the
honorable member from Ohio, Mr.. Root, who
has just taken bis seat, must beg the special in
diligence of the Committee The circumstances
in which enter upon the weighty topics now en-
gaging our most anxious deliberations. leave me
little opportunity to observe that order in argu-
ment, and that accuracy of language most favor
able TO a correct comprehension Of what | desire
to submit to the notice of the Committee IT.
however, Mr.. Chairman, l shall succeed in dis
cussing the perplexing subjects before us with
the respect due to opposing opinions and at the
same time with the freedom and cundor becoming
their gravity, shall be most happy.
The honorable member from Indiana Mr..
Fitch expressed, In the course Of his argument
on yesterday, the opinion that the passage Of the
Ordinance of 1857 for the government of the
Northwestern Territory, containing a clause pro-
hbiting the introduction Of slavery therein, was
in effect, the setting Of just precedent for its
uniform exclusion from all subsequent territorial
acquisitions Of this Union That proportion
requires review Of q few Of the historical cir
cumstances in which that Ordinance came 10 he
passed. IL will be remembered by the Commit
tee That IL was enacted by the Congress Of the
Confederation. Now, Mr. Chairmap when the
Articles Of Confederation were adopted, the
States which were parties to them held no other
territory whatsoever than that which was en-
braced within their respective limits They had
no territory, repeat, In the sense In which we
apply that term to unapprorrte lands from
time to time held In common by the United States.
And if the honorable member who used that ar
gumont will take the trouble to look through
those Articles of Confederation, he will find no
remark which can for moment justify the idea
that territorial acquisitions were anticipated by
them. When, therefore, pending those Articles,
territorial cessions TO the States in common came
TO be made to the States separately, the Congress
Of the Confederation found itself without the
shadow Of rightful authority over them. A new
state of things not contemplated by the Articles
of Confederation, had transpired. IL was, Mr..
Chairman, in these precise circumstances that
the Congress of the Confederation, with very
patriotic Intentions doubtless, but in manner
wholly irregular, enacted and put in operation
over the Te-ritory referred to by the honorable
member the Ordinance under notice.
Mr.. Madison, In the 35th number of the Fed
eralist, will be found In commenting upon this
course Of conduct on the part of the Congress Of
the Confederation respecting that Territory, to
have held the following language:
e congress have assumed the administration Of
this stock. They have begun to render II produce
tive. Congress have undertaken to do more
they have proceeded to form new States to erect
temporary Governments to appoint officers for
them and TO prescribe the condition on which
such States shall be admitted into the Confed-
eracy All this has been done, and done with
out the least color Of constitutional authority
yet no blame has been whispered, no alarm has
been soundedp
We thus perceive the anomalous nature Of this
procedure The Ordinance, however, such as it
was, had passed into execution before the present
Federal Government was formed Before pass
ing from il, ask attention to the last member Of
the 9th article OF certain compact expressed
in II between the original States, whose Congress
enacted 1t, and the Territory and the States con-
templated to be formed out OF it.
II is in these words:
Providsd, alpays, 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 con-
veyed TO the person claiming his or her labor or
service as Aforesaid
Let us now, Mr.. Chairman, proceed more i'm
mediately to the consideration Of few historical
facts shedding light on the relation the provisions
Of the Constitution Of the United States bear to
the subject Of slavery, and the probable intention
of It's trainers touching the bearings Of those pro-
visions on the institution in the future. Did
tney COutemplNt, as tuo Tom
Indiana insists, It's exclusion from all territorial
acquisitions following It's adoption7 What is the
evidence on which the affirmative Of this ques-
tion res,s7 Is IL to be found III tie mere iience IF
he Constitution on The subject To rest the proof
of ii on this would be substantially to argue that
what is not disproved Is 10 be taken TO exist.
Let 1t be borne In mind, that this Ordinance
covered all the territory held In common by the
States Of this Union on their adoption Of the Con-
Now, need not repeat to the commit
toe the Sd clause Of the I'd section Of the dth art
Gle Of the Constitution, providing for the rccov-
cry Of slaves flying from service In the States
where they may be held to service into States
where slavery is prohibited. BY this clause it
will be seen that all the protection which, in the
existing condition Of things was practicable con-
sistently with the grand idea Of forming Con-
fcdefacy OF States, mas ersrted ia Ghay ot me
ins,auion of slavery The trainers Of our Gov
erpment could hot yeedh what had been done
by past gopernmpw in the territory so often cited.
They could not prohibit the States from ADJUST
ing within their own limits, on a scale OF perma-
nent policy, a matter so strictly domestic In Its
nature as Is slavery, without manifest depart
ure from the whole theory Of the Union contem-
plated. Both in the States and Territory OF the
Union, however, IL recognised property III the
slave. Yet it Is In these circumstances that the