Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1854-03-02
VOLUME XII. NO. 10.

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Congress forthwith proceeded to consider the
SUBJECT OF its government. Mr.. Jefferson. Mr.
Howell, and Mr.. Chase were appointed com.
mi'teo r TO draft an ordinance making provision
iof that OBJECT The ordinance reported was the
WORK OF Jefferson, and is marked throughout BY
his spirit OF comprehensive intelligence, and de-
Votioh to liberty. 1t did not confne its regards
to the territory, actually acquired, but conten-
plated further acquisitions by the ccssions Of
other States. Tt provided for the organization
OF temporary and permanent State governments
in all territory, whether ceded or to be cedea, -
from the 3lst parallel, the boundary between
the United States and the Spanish province Of
Florida on the south, to the 42d parallel, the
boundary between this country and the British
possessions on the north.
The Territory was to be formed into States
tho sottiors were to rocoivo orsthonity fru.a the
Heneral Government to form temporary govern
mems 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 perma.
nent governments were to be established upou
certain principles, expressly got forth in the or
dinance, as their basis. Chief among those was
the Important preyiso to which now ask the
attention Of the Senate;
81 After tie year 1900 of the Christian era
there shall be neither slavery nor involuntary
scrvitude i'll any OF the said States otherwise
than III the punishment Of crimes whereof the
parties SHALL have been duly convicted to have
been personally guilty"
Let it be noted and remembered that this pro-
yiso applied not only to the territory which had
been ceded already by Virginia and the other
States, bat to all territory coded and to be coded
There was not one inch of territory within the
whole limits OF the Republic which was not GOV.
cred by the claims ofone or another of the States
1t was then the opinion of many statemen-AIr.
Jetarson himself among them-that the United
States, under the Constitution, were incapable
OF acquiring territory outside Of the original
States. The jefferson pr0viso, therefore, extend
cd to all territory which it was then supposed the
United States could possibly acquire
Well, what was the action of Congress upon
this proyiso 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 Island,
Connecticut, New York, and Pennsylvania
against it, three States-Virginia, Maryland and
South Carolina. Delaware and Georgia were
not then represented in the Congress, and the
vote of North Carolina being divided, was not
counted; nor was the vote OF New Jersey coup-
ted, 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 seven against
it. The vote Of the States was two to one, and
that of the delegates more than two to one for
the proyiso But under the provisions of the
Articles of Confederation which then controlled
the legislation Of Congress, the votes of a ma
lOrity OF all the States were necessary to retais
the proyiso in the ordinance. 1t failed conse-
iquently; precisely as proviso in a treaty must
fail unless it receive the votes of two thirds OF
the members Of the Senate. Sir, il that doc
trine of the rights of majorities, Of which We
hear so much and see in actual practice so little,
had then been recognized-if the wishes Of
ma iority Of the States, and of the majority of
the delegates, had preyailed-if the almost uni
yersal sentiment OF the people had been respec-
ted, 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 impenetrablc agis of free
dom. But then, as now, there was u slave inter
est in the country-then, as now, there was
slave power. The interest was comparatively
small, and the power comparatively weak but
they were sufficient under the then existing Gov
ernnont, to defeat the proyiso, and transfer the
great question Of slaaery to future discussion.
The facts which | have detailed, however, are
sufficient to show whatwas the general sentiment.
and what was the original policy Of the ooun-
try in respect to slavery. IL was one of limita-
ton, discouragement, repression.
What next occurred The subject of organic
ing this Territory remained before congress, Mr..
Jefferson, III l7&5, went to France. His great
influence was no longer felt in the councils of
the country, but his proviso remained, and in
1857 was incorporated into the ordinance for
the government of the territory northwest of the
river Ohio. beg the Senate to observe, that
this territory was, at that moment, the whole
territory belonging to the United States. will
not trouble the Senate by reading the proviso,of
the ordinance. 1t is enough to say that the
Jefferson proviso Of l784, coupled with pre-
vision saving to the original States Of the Union
right to reclaim tugitlves from service, was III
corporatcd into the ordinance, and became
Fundamental 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 indfierentism between slavery and free
dom :! that of establishing geographical line,
on one side of which there should be liberty, and
on the other side slavery, both equally under the
protection and countenance of the Government
No, Sir; the furtherest thing possible from that.
1t was the policy of excluding slavery from all
national territory. 1t was adopted, too, under
remarkable circumstances. The territory over
which it was established was claimed by Viz
ginia, in right of her charter. and in right of
conquest. The gallant George Rogers Clarke,
one of the brayest and noblest sons of that State
had, with small body of troops, raised under
her authority invaded, conquered the terri tory.
Slavery was already there, under the French CO.
lonial law, and also, if the claim of Virginia was
well founded, under the laws of that State.
These facts prove that the first application of
the original policy of the Government converted
slave territory into free territory.
Now, sir, what guarantees were given for the
maintenance of this policy in time to come, 7
once, upon this floor, adyerted to a fact, which
has not attracted so much attention, in my iudr-
ment, as its Importance deserves. 1t ia this !.
While the Congress was framing this ordinance
almost the last act of its illustrious labors--
the convention which framed the Constitution
was sitting in Philadelphia Several gentlemen
were members of both bodies, and at the time
this ordinance was adopted, no proposition in
respect to Slavery had been discussed in the con-
vention, except that which resulted in the es-
tablishment Of the three ifths clause. II is i'm
possible to say, with absolute certainty, that tho
incorporation of that clauee into the Constitu-
ton, which gave the slave States a representa-
ton for three ffths of their slaves, had anything
to do with the unanimous vote by which the
proviso was ingrafted upon the ordinance; but
the coincidence is rem arkable, and justifes the
inference that tho facts were connected. At all
events, the proviso can hardly fail to have been
regarded as afording guarantee for the per-
petuation of the policy which ii established.
Already seven of the thirteen original States
had taken measures for the abolition of slavery
within their limits, and were re garded as free
States. Six only of the original States were 70,
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