Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-02-12
Wasbingtnn gentinel,
SPEECH OF HON. 5. p. CHASE,

/
SPEECH OF HON. 8. p. CHASE,
OF OHIO,
In the Senate, February 3, 1854,
Against The Repeal of the Missouri Pohi5i-
ton Of Slavery north Of 36o 30.
lcoNcLuDED FROM YEsTERDAY.l
In the spirit which animated Jefferson, the
first Congress-the old Congress of l774-
| among their first acts, entered into solemn
covenant against the slave traffic.
| In 1776, the Declaration of independence,
drafted by Jefferson, announced no such low
and narrow principles as seem to be in fash
ion now. That immortal document asserted
no right OF the strong to oppress the weak, Of
the majority to ensave the minority IT pro-
mulgated the sublime creed of human rights
1t declared that ALL MEN are created equal,
and endowed by their Creator with inalienable
| rights to life and liberty
The first acquisition Of territory was made by
the United States three years before the adop-
ton of the Constitution. just after the coun-
try had emerged from the war of indepen-
dence, when its struggles, perils, and princi-
Piles, were fresh in remembrance, and the spirit
OF the revolution yet lived and burned in every
American heart, we made our first acquisition
Of territory. That acquisition was derived
from-l might, perhaps, better say confirmed
by-the cessions Of Virginia, New York, and
Connecticut. 1t was the territory northwest OF
the river Ohio.
Congress forthwith proceeded to consider
| the subject of its government. Mr.. Jefferson
Mr.. Howell, and Mr.. Chase were appointed
committee to draft an ordinance making pro-
vision for that object. The ordinance reported
was the work of Mr.. Jefferson, and is marked
throughout by his spirit of comprehensive in
telligence and devotion to liberty. 1t did not
confne its regards to the territory actually ac-
quired, but contemplated further acquisitions
by the cessions of other States. 1t provided
for the organization of temporary and pcrma-
| nent State governments in all territory, wheth-
er "ceded or to be ceded,r from the 3lst par
allel, the boundary between the United States
and the Spanish province of Florida on the
south, to The AID parallel, the boundary be-
| tween this country and the British possessions
on the north.
| The territory was to be formed into States
| the settlers were to receive authority from the
general government to form temporary gov
ernments. The temporary governments were
to continue until the population should increase
| to twenty thousand inhabitants; and then the
| temporary were to be converted into permanent
governments. Both the temporary and the
permanent governments were to be established
upon certain principles, expressly set forth in
the ordinance, as their basis. Chief among
those was the important proviso to which l
| now ask the attention of the Senate
ter the year 1900 Of the Christian era there shall be
neither slavery involuntary servitude in any the
said states otherwise than in the punishment Of crimes
whereof the parties shall have duly convicted
been personally guilty"
| Let it be noted and remembered that this
1 proviso applied not only to the territory which
had been ceded already by Virginia and the
other States, but TO all territory ceded and t.
be ceded. There was not one inch of territor,
| within the whole limits of the republic which
was not covered by the claims Of one or anothc,
of the States. 1t was then the opinion O
many statesmen--Mr jefferson himself among
them--that the United States, under the Con
stitution, were incapable of acquiring territory
outside Of the original States. The Jefferson
proviso therefore, extended to all territory
which it was then supposed the United States
could possibly acquire.
| Well, what was the action of Congress upon
this provso? Mr. Speight, of North Carolina,
moved that it be stricken from the ordinance,
and the vote stood; for the proviso, six States
| New Hampshire, Massachusetts, Rhode lslaEd,
Connecticut, New York, and Pennsylvania
against it, three States-Virginia, Maryland,
L
were not then represented in the Congress
and the vote of North Carolina, being divided
was not counted; nor was the vote of New Jer
sey counted one delegate only being present
| But the Senate will observe that the States stood
six to three. OF the twenty-three delegates
present. sixteen were for the proviso, and sever
| against it. The vote of the States was two tc
one, and that Of the delegates more than two
to one for the proviso. But, under the provi
sions of the articles of confederation which ther
controlled the legislation of Congress, the votes
| of majority Fall the States were necessary L
retain the proviso in the ordinance. 1t failed
consequently precisely as proviso in a trea
ty must fail unless it receive votes of two-third
| Of the members of the Senate. Sir, ifthat doc
trine of the rights of majorities, of which W,
hear so much and see in actual practice Sc
little, had then been recognised; if the wishes
of a majority of the States, and of the majority
of the delegates, had prevailed: if the almost
universal sentiment Of the people had been re-
spected, the question of slavery in this country
would have been settled that day forever. All
the territory acquired by the Union would have
been covered with the impenetrabe egis of free
DOM But then, as now, there was slave in.
terest in the country then, as now, there was
slave power. The interest was comparatively
small, ana the power onparatlNeiy weak Dut
they were sufficient, under the then existing
government, to defeat the proviso, and transfer
the great question ofslavery tofuture discussion
The facts which have detailed, however, are
sufficient to show what was the general senti
ment, and what was the original policy Of the
country in respect to slavery. 1t was one o
limitation, discouragement, repression.
What next occurred The subject Of or
ganizing this Territory remained before Con
| gress Mr.. jefferson, in 1885, went to France
His great influence was no longer felt in tn,
councils of the country, but his proviso re
mained, and in 1887 was incorporated into th
ordinance for the government Of the Territor
northwest of the river Ohio. beg the Senat
to observe that this Territory was, at that mo
ment, the whole territory belonging to the Uni
ted States. Twill not trouble the Senate b
reading the proviso Of the ordinance. 1t
enough to say that the jefferson proviso Q
1884, coupled with a provision saving to tn
original States of the Union right to reclaim
fugitives from service, was Incorporated int
the ordinance, and became fundamental la,
over every foot of national territory. Wha
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