The daily union., 1854-02-08


war oi independence, when struggles ers, and psiu
eiples were fresh in remembrance, and the spirit OF the
revolution yet hved and burned in every American hsas,
we made oar hrs acquisition of territory That ecqu
siiion was derived iromi might perhaps. better say
confirmed BY the csssons OF Virginia. New Yosk, and
Connecticut twas the territory northwest Of the rfv
Congress forthwith proceeded to consider the ssbiset
of its government. Mr.. Jefferson, Mr.. Howell, sad M
Chase were appointed committee to drauxht m ON
nance making provision for that object The cedihance
reported was the work Of MIR Jefferson, aud II mesked
throughout BY his spirit OF comprehension ioisllignee
and devotion to liberty II did not cOn6ne s e1nB4D %
the territory actually acquired, but c0nsmplaed tgseW
acquisitions by the OF other States Il ps0vdd
9 ss q y. Of and -
ceded from the Jls parallel. the boundary bewcsn ~
United States and the Spanish province OF Florida sAs
try and the British possessions tbs north. ~
Tbs territory was TO be formed into States the se4ss
we're 70 receive authority fo the general gcvsssmsn
form temporary governments The temporary govern
ment was 10 continue in force until the population should
increase 10 10000 Inhabitants; and then the Temporary
We're 70 Dc converted into permanent governments Bc.h
The temporary and the permanent governments 10 be
established upon certain principles expressly set forth in
the ordinance, as their basis Chief among thoss wss
the important proylso to which now ask the atenton
OF the Senate: st fsse attt
Aier the year 1890 OF the Christian there shall be
neither slavery nor involuntary servuds in any Of the said
OF the parties shall have been duly convicted havs bsen
personally guilty" s4
Let il be noted and remembered that this provso sp-
UHi} lcIIHuIy WHICH uAu Oeen eeneQ H.
ready by Virginia and the other States. bu to a terri
tory ceded and 10 be ceded There one inch Of
territory within The whole limits Of the republic which
was not covered by the claims OF another o the
States. II was then the opinion OF many ststesnIenA
Mr. Jefferson himself among them--that the Unnsd
States under The constitution were incapable of ssqa
ing territory outside OF the original States. The Jcef
son poyso therefore, extended 10 all territory which il
then supposed the United States could possbly ne
qure. NTAlTt
Well, SIR, what was the action upon this proyiso!
Mr. Spegh,. Of North Carolina moved that il be stricken
from the ordinance and the vote Stood for the psovso,
six States-New Hampshire, Massachusetts,, Rhode Is-
land, Connecticut New York, and Pennsyvana against
the provso three Sates-Vrgnia Maryland, and South
Carolina. Delaware aud Georgia were not then repre-
sented IN the Congress- and the vote OF North Carolina
being divided was not counted; nor was the vote Of
New Jersey counted, delegate only being present
But the Senate will observe that the States stood x TO
three or the twenty delegates present, sixteen
were for the poviso. and against it. Ths vote Of
the States was two TO one. and that Of the dsexales
than two to one for the proviso Bot under the
provisions Of The articles OF coniederaion which iasn
controlled the legislation cf Congress- the votes OF
Joniy OF all the States were necessary to retaio the
precisely as a proviso in treaty must fail un}eos
il receive the votes OF two-thrds OF the members
Of the Senate. Sir il that doctrine Of the rights OF ma
joriiies. OF which hear much and zee In sctual
practice ille had then been recognised the wishes
Of majority OF the States, and of he majority 81 the
delegates, had prevailedif the almost unvsrsal seuh-
meni Of The people had been respected the ques,ioh 81
slavery in this country would have been settled thu day
forever All the territory acquired by The Uoion wOsld
DON But then, ms now, there was save ntereR ia
the country-hen. as now, there was slave power
The interest was comparatively small. and the powsr
comparatively weak but they were sufficient under the
then existing government, TO defeat the pfoviso, and
transfer The great question OF slavery to future discss
sion The facts which have detailed however, aro euf-
hcen 10 show what was the general sentiment, and
what the original policy OF the country in respect TO
slavery. IL Of limitation, discoursgsment, ~
precision.
Wha, next occuuedl The SUBJECT OF Organizing this
Territory remained before Congress. Mr.. JeSsnon 10
i7e5, went 10 France; his great influence longer
felt IN The councils OF the country but his Prosiso re-
mained, and in 1857 incorporated into The ordnancs
for The government Of the territory northwest Of the fivsr
Ohio beg the Senate 10 observe that this Territory w.
al that moment, the whole territory belonging 70 the
United States will not trouble the Senate BY reading
the provso OF the ordinance II s enough to say that
saving 10 the original States OF the Union right 10
claim iugves from service, Incorporated INTO the
ordinance, and became fundamental Law ovsf every
foot OF national territory What the policy indicated
by this action by the fathers OF the republics Wts II
that o nd1erentsn between slavery and freedom that
OF establishing geographical line. on one side OF which
there should be liberty and the other side OF slavery
both equally under the protection and coun,enance o the
government No, SIR the iurhes, thing possible from
that II was the policy OF excluding slavery from a
tional territory II adopted. too, under remarkable
crcansaaces. The territory which il ostnb-
lished claimed BY Virginia, in right OF her charter,
and IN rsh, Of CONQUEST The gallant GeoIe Rogers
had. with small body Of troops raised under her author
ily, invaded and conquered the territory Slavery was
art1lN uHoff rfcbCn COLONIAL ana 4lD0
the claim Of Virginia was well founded, under tho laws
OF that Stale These facts prove that the first application
OF the original policy Of the government converted siavs
territory into free territory.
Now, cir, what guarantees were given for the main
,eaance o this policy 10 time 10 come once, upon
this floor, adverted 10 fact which has attracted
much attention in my Judgment, its Importance de-
serves While the Consfess was framing this ordnance
almost the last act OF lis usnous abors-the conven-
ton which framed the constitution sIing IN PhlIa
delpba. Several gentlemen members OF both bod
es and al the time this ordinance adopted, no psp
oson 10 respec, 10 slavery bad been discussed IN The
convention except that which resulted in the establish
OF lhree-hfths clause. IL 10 impossible to aay.
with absolute certainty that the Incorporation OF that
clause into the constitution, w0ch the save States
for three 6hs of their slaves he'd any
rhux to DO with the by which the pro-
viso ngraed upon The ordinance; but the coiuci-
dence s remarkable and jus,hes the inference that the
facts connected. At all events. the psovso can
hardly fail to have been regarded adordng guarantee
for the perpeiuaon OF the policy which established
Already seven oi the original thirteen States bad taken
for the abolition OF slavery within their limits
and regarded free States Six only Of tho osie-
nal States regarded slave States The ordinance
provided for The creation of five free Ststes. and
thus secured the decided ascendency OF the free States In
the confederation The pefpetuaon OF slavery even Ia
any States quite obvious. then thought
Of Sir lei me ak the attention OF the Senate the con
sulion iiseli Ths, charter Of government was not
formed upon posavery principles, but upon
principles II nowhere recognises any right OF property
in man II nowhere confers upon the government which
Mf Madison himself records in his report of the debate
oi The convention hs own declaration, that wrong
TO admit ~ the constitution idea that could be
property IN Every clause in the constitution which