Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-08


terals Of tho building; the other caught the idea
adopted the plan, and added to it many additional
braces guards, and details, taken from the we'll
constructed political edifce of Massachusetts,: SC
that Jefferson should in justice have all the credit
of originating the ordnance giving to it its great
characteristic features for the protection of human
right; and of laying its foundation in universal
freedom, by nhbitng personal servitude except fol
the punishment Of crimes while to Dane we may
readily award the credit Of adopting these enlight
ened and just principles, and adding to them excel
lent provisions for the acquiring holding, and con-
veyance of property. The ordinance having origi,
mated with MIR. Jefferson, and the protection of its
great characteristic principles of human right by a
solemn compact having emanated from him, Mr..
Danes subsequent adoption of them, with the addi-
ton of provisions respecting certain rights of per-
sons and property, certainly cannot and ought not
to entitle him to be called the author of the ordi-
nance. By so doing you take the credit from the
original protector and real author, and you give it
to him who copied the great work, adding to it mi
nor though valuable additions
In further illustration of the correctness Of these
views, it must be noticed that the official Journals
Of Congress and the archives of the Government,
well the ordinance ITSELF furnish evidence that
Nathan Dane was not its author; and that it should
in fairness be presumed that he did not intend to
assert that he was by saying he had "formed' it.
To show this will make some quotations from the
Journals of Congress, and will also give the sub
stance of the ordinance, both as it was drawn by
MIR. Jefferson in 1854 and as it finally passed Con
gress in 1887.
The plan of government drawn by Mr.. Jefferson
provided that the territory ceded or to be ceded
by individual States to the United States" " shall
be formed into distinct States" the boundaries Of
,uh, nh IL H. y
vision made for their territorial government, during
which they were to have delegate on the floor Of
Congress with the right of debating but not Of
voting Power was also given, as soon as they
should acquire twenty thousand inhabitants
"To establish permanent constitution and govern
ment for themselves Provided That both the temporary
and permanent be established on these prn
cpes as their bases l. That they shall forever remain
a part of the United States of America. 3 That in
their persons property and territory, they shall be sub
ect to the Government of the United States in Congress
assembled and to the articles of confederation in all
those cases in which the original States shall be so sub
Ject g. That they shall be subject pay part of the
Federal debts contracted to be contracted be APP
portioned them by Congress according to the same
common rule and measure by which appointments
thereof shall be made the other States That their
respective governments shall be in republican FORMS and
shall admit person to be citizen who holds any he
reditary title That after the year 1900 of the Chris
tan there shall be neither slavery involuntary
servitude in any of the said States otherwise than in
punishment of crimes whereof the party shall have been
auiy convicted to have been personally guilty"
1t was declared that these
" Articles shall be formed into charter of COMPACT
" and shall stand fundamental constitutions between
the thirteen original States and those newly described
unaerabe but by the joint of the United States
IN Congress assembled and of the particular States with
in which such alteration is proposed to be made
The original draft of the report Of which the
above is an outline, made by the committee, consist
ing of jefferson, Chase, and Howell, is preserved
among the archives of the Old Congress in the De-
partment Of State, at Washington, IN the hand
'orltng Of IN Jefferson, and should be received as
conclusive proof that he was the author of the re-
port made by him as chairman of that committee !;
which report formed the foundation on which was
erected the ordinance of 1887
Before making any quotations, | must first in
form those who have not had occasion to examine
the Journals of the Old Congress that they are SO
badly made out, and with SO many omissions, that
1t is impossible mnutely to trace the proceedings
and fully to understand what took place in forming
the ordinance, or any other measure of the kind
The fault is in the omissions, and not, presume.
in msstating what is reported as the proceedings of
Congress. 1t may also be well to add, in order to
enable all to understand the Journals, that it must
be borne in mind that the Old Congress, under the
articles of confederation, voted by States that to
entitle State to vote must have at least two mem
bers present; and that for the adoption Of mea-
sure at least seven States he majority of the whole
number of the thirteen States) must vote in favor
OF 1t indeed In some important cases, nine States
were required
In March, 1884, Virginia coded to the United
States all her right and title to the territory north
west Of the Ohio river 1t must be presumed
Though no entry is made in the Journals of Con-
gress that the subject Gifts government was prompt
~ referred to committee as there is made this en-
try on the 10Th of April 1884:
Congress took into consideration the repor Of
mittee, consisting Of Mr. Jefferson Mr. Chase and Mr.
HOWELL TO whom was recommitted their report Of plan
Tor temporary government Of the Western Territory
when motion was made by Mr.. spaght, seconded BY
sir Read, TO strike out the following paragraph That
after the year 1900 Of the Christian era there shall be
neither slavery involuntary servitude in any of the
said States, otherwise than in punishment of crimes
whereof the party shall have been convicted to have been
personally guilty And on the question Shall the words
moved to be Struck stand the yeas and NAYS being
required by Mr.. Howell
New Hampshire-Mr. Foster ay, Mr. Blanchard ay-Ay
Massachusetts--Mr Gerry ay, Mr.. Partridge ay-Ay.
Rhode Island-Mr. Ellery ay, Mr.. Howell ay-Ay
Connectcut-Mr. Sherman ay Mr. wadsworth ay-Ay.
New York-sfr. De Witt ay, Mr.. Paine ay-Ay
New Jersey-Mr Dick-Ay.
Pennsylvania Mifiin ay, Mr.. Montgomery ay, Mr.
Hand ay-Ay
Maryland-Mr. McHenry no, Mr.. Stone no-No.
Virginia-Mr Jefferson ay, Mr.. Hardy no, Mr.. Mercer
no-No.
North carons--Mr. spaight no, Mr. Williamson ay-
Divided
South Carolina--Mr Read no, Mr. Beresford no-No
50 the question lost and the words were struck
out"
states voting in favor Of retaining the clause, it
mt