The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1854-03-10

4 that OF the delegates more than two TO OF
{ for the proyiso. Bot under the provisions
: the Articles of Confederation which tbs
controlled :hc legislation Of Congress, u
, votes Of 4 majority Of sll the States were n
cesssry to retain the proviso in the ord'nans
1t failed, consequently, precisely as provis
In treaty must fall unless il receive th
votes of two thirds Of the members Of th
Senate. Sir, If that doctrine Of the rights {
msjorities, Of which we hear 90 much an
see in actual practice so little, had thea bee
recognized--if the wishes Of majority of tn
States, and ofthe majority os the delegate,
had prevailed---if the almost universal sent
ment Of the people had been respected, th,
question Of slavery in this country would hsv
been settled that day forever. All the tori
tory, acquired sy.axts Unioa would have beer
covered with the impenefable @gis Of free
dom. But then, as now, there was slav
power. The interest was comparativel !
small and the power comparatively weak
but they were sufficient, under the then exis
ting Government, to defeat the proviso. ant
transfer the great question Of slavery to fu
ture discussion. The facts which have de
tailed, however, are sufficient to show wha
was the general sentiment, and what was the
original policy of the country in respect L
slavery. 1t was one of limitation, discoura
cement, repression. = s I..
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 ths
councils ofthe country, but his proviso re-
mained, and in 1857 was incorporated into
the ordinance for the government Of the ter.
ritory northwest of,he river Ohio. beg the
Senate to observe, that, this territory was, at
that moment,the wsssiast:-s;tory belonging to
the United States 4 will not troeble the Sen
a.e by reading the proviso Of the ordinance.
1t is enough to say that the Jefferson Proviso
of 1894, coupled with provision saving to
the oriainai States ofthe Union right to
reclaim fugitives from service, was incorpor.
ated into the ordinance, and became fun
damental Law over every foot Of national ter
ritory. What was the policy indicated BY
this action by the fathers Of the Republic!
Was it that of indfsrentis:m between slavery
and freedom. that tofestablishi:.g geogra.
phcal line, on one side ofwhich there snould
be liberty, and on the other side Of slavery
both equally under the protection and coun'
tenance Of the Government! No, sir; the fur
thest thing possible from that. 1t was the
policy of excluding slavery from an national
territory. It was adopted, too, under re-
mark.bie cireamsaeHessssT The territory over
which 1t was established waselaimed by Vir-
GINA, in right Of her charter, and in right Of
conquest. The gallant George Rogers Cla-
rke, one Of the bravest and noblest sons OF
that State, had, with small body Of troops,
raised under her authority, invaded and con-
quered the territory. Slavery was already
there, under the French colonial law. and
also, If the claim Of Virgins was we'll foun-
ded, under the laws of that State. These
facts prove that the fret application Of the
original policy of the Government converted
slave territory into free territory. .sl
Now, sir, what guarantees were given for
the maintenance Of this policy in time to
come! once, upon this floor, adverted to Il
fact, which has not attracted SO much atten-
ton, in my judgement, as its Importance de-
serves. 1t isthis: While the Congress was
framing this ordinance--almost the last act
os its illustrious labofs---tiis convention which
framed the Constitution was sitting in Phila-
delphia. Several gentlemen were members
of both bodies, and at the time this ordinance
was adopted, no proposition in respect to sla-
very had been discussed in the convention,
except that which resulted in the establish
ment of the three fifths clause. 1t is imposs-
ibls to say, with absolute certainty, that the
incorp oration Of that clause into the Consti-
tuition, which gave the slave States repre-
sentation for three fifths Of their slaves, had
anything to do with the unanimous vote by
which the ptoviso was ingraited upon the Or
dinance; but the coincidence is remarkable,
and justi6ss the inference that the facts were
connected. Atall events, the proviso can
hardly fail to have been regarded as affording
a guar antee for the perpetuation Of the policy
which it ablished. sr1rra7 sia HDaE
+ Already seven of the original thirteen
States had taken measures for the abolition
OF slavery within their limits, and were re,
Qarded as free searss! six only OF the ORR
ginal States were regarded ss slave States
The ordinance provided Tor the creation o.
fve new free States, and thus secured the
decided sscsndency of the free States IN the
C Confederation. The perpetuation Of slavery
even in any State, it is quite obvious wal
not then even thought of. !sa -,.1 aa -
. And no'y, sir. let me ask the attention O
the Senate to the Constitution itself. Tha,
charter of our Government was not formed
upon pro.lavery principles, but upon anti
slavery principles Itehowhere recognizes
any right Of property in man. III nowher'
confers upon the Government which it ere
! ates, any power to establish or continue slay
cry. Mr.. Madison himself records, in hi
Report Of the Debate o. the Convention, hi
own declaration, that it was "wrong to admi
in the Constitution the idea that there coul
be property in men," Every clause in th
Constitution which refers in any way U
slaves speaks Of then so persons, and ex
cludss tbs idea Of property. In some OF tn
States, it is true, slaves were regarded q
property. Il r. {l1gH .ur9a1 l"'' So
The language Of Mr.. Justice Mclean o'
this point isyery striking. He says; ..,' =
"Thsti canRot divest them Of the leading 4
controlling quality of persons by which the