The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1854-06-06

| then took tho ground OF "squ1tter soyoreignl-
ty" That is discovery of tho political lumi-
naries of our day. But the general right, up
on the principles Of equal justice, eontendcd
for by my honorable friend from North Caro-
! lima, [Mr. Kerr of a stakeholder TO go with
| his slaves into the common unoccupied terrific
ry Of the Union, were persisted in by the SOU
| thern delegates; and, susely, with rs good rea-
son then as now. The largest part of that
common territory originally belonged to Vir-
ginia. She had just ceded il, as free gift to
| tho United States. Ii was hard to deny to Vir-
! ginans tho right Of crossing their own Ohio TO
| its opposite bank, into what but few days be-
! fore had been their own territory. But tho
people of the free States were then resolved,
as / believe they now are, and trust they ever
will be, that this continent shall not bo envel-
oped in slavery, and that q limit shall bo put
to its extension. Tho controversy was ire
| concilable. ~
1 maintain, looking at tho subject not as a
politician. but as historian, that the Consti-
tuition could not have been formed, the Confed-
Grafton could not have bccn preserved, and thp
State- could not have continued under one
government, bad not q compromise in tho ma
ture of q compact been made. Such com
promise or compactwas made. 1t sthe basis
upon which tho Constitution was constructed.
aud on which il has stood from that day TO
this. but which the bill before us proposes to
reprdiate repeal, annul. and overthrow.
The secret history of the transaction is not
yet revcaled-perhaps never will be. Tho
facts, so far as they are yet known. are these:
On the 9th of July, 1897, in tho old Congress,
the subject of the establishment of civil gov
! ernment in the Northwest Territory was again
takon up. and referred to a committee of five,
of which Mr.. Nicholas, of Virginia, was chair
man. and Nathan Dane, of Massachusetts, a
member. On the llth Of July, only two days
afterwards, the committee reported tho cello
bratcd instrument since known as tho "Ordi-
nance of 1887" 1t contains the clause forbid
ding the extension Of slavery into that Terrific
ry-.ho very clause, substantially, which
Thomas Jefferson had endeavored in vain to
persuade the same body to adopt; which Ru-
fus King had also advocated in vain: and which
for moro than thrco years, the slaveholding
representatives had constantly resisted, with
prompt and inhexible determination an una :
nimity. But now, tho very next day after it
had been reported, they unanimously and in
stantly accepted and agreed to t---every Sou
thern vote stands recorded in tho affirmative;
indeed. every vote. North and South. except
that of single delegate from Now York, Rob
ert Yates
Why this sudden, utter, and universal
change: Ii was because there was attached
to the restriction an obligation on the part of
The States that might bo formed within tho
Territory, to permit the reclamation of fugi-
tive slaves---an idea not broached before in ei-
ther the Congress or the convention, and not
known to the law of nations or the comfy Of
States. 1t was evidently tho consideration of
fcrcd by tho free States 10 the slave States,
and accepted By the latter. ns an equivalent for
their rClinquishmont of their claim .of right TO
carry their institution into any part of the
States. - ' - $ IL .i'N i''''' 81
This arrangement at once removed all Oh
stacles out Of tho way of establishing union
under the Constitution; forthwith everything
went on tremendously and rapidly towards
satisfactory adjustment of every question in
tho Congress and in the convention. Without
further delay it was admitted, all around, that
tho measure adopted. when burdens were TO be
imposed. was no more aud no less than just,
whom power was to bc distributed. and the
three. .fiths ratio was agreed 10, in the enumo
| ration Of slaves in tho population basis of this
| House. The grant of power to Congress 10
| prohibit the importation Of slaves after 1908,
and to levy tax upon them in the mean time.
was also agreed to- The South reinquished
all claim to carry slavery into new territory,
thereby putting limits to its spread, and con-
sented to allow n limit to be put to it, in time,
by authorizing tho importation of slaves to be
taxed, and, after a specified datc, prohibited
Tho consideration paid by tho free States to
the slavo States for thoso concessions and re-
strictions was agreeing TO allow that species
of property the special privilege OF representa-
ton, and to suffer tho reclamation of slaves.
Blu, this latter obligation stands in particular
and special relation to the non extension of sla-
very. 1t is the equivalent paid by the free
| -. Al IL, s.o,x -,
| tho abandonment by tho slave States Of all
limits.
Tho two ideas arc insepara.ely linked to-
| gethcr in tho ordinance of 1857
Arieie the sirh-Therc shall be neither slavery moi
involuntary servitude in the said Territory otherwise
than in punishment Of crimes whereof the party sha
have been duly convicted: Provided always, Tha
any person escaping into the same from whom labo
or is lawfully claimed in any Of the orgion
al States, such fugitive may lawfully reclaimed ant
conveyed to the person claiming his OF her labor OF
| service as aforesaid"
So far as States might rise within the limit!
of the Northwest Territory, the arrangement
was made unsltorabo and perpetual by tho
express language of tho ordinance.
ait is hereby ordained and declared by the author
ity aforesaid, That tho following articles shall b,
considered articles OF compact between the orgion
al States and the people and States in the said Ter
| ritory, and forever remain unaterablc, unless 10y
common conccnt.'
Tho Constitution of the United Suites mpr
ossod the seal of It's sanctiiy and inviolabiity
upon this compact by ordaning (ar. vi. lst par
agraph) that engagements entered into bo
fore It's adoption, should bo as valid against tn,
United States, under this Constitution, as un
der tho Confederation"
| l hold. Mr.. Chairman, that no man can stu
dy carefully the proceedings of that day, with
out being compelled to tho conclusion, that tho
real bargain, compromise, compact between Tho
two great sections, was, that the South would
not attempt to carry slavery into now territory
and the North would extend a certain degree
of protection over that species of property
whore il then was, and so long as it might las
particularly in allowing tho recovery of fngi
tive slaves within the limits of FREQ States.
i 1t is true that but ono side of this bargain o
contract was rccioyea into tho written text o.
the Constitutions The rcason of this is obvi
Gus. The consideration paid by tho South
that is, the REIMBURSEMENT of the common tor
siiora! possessions of tho Union to freedom
was already fully executed and discharged -
Slavery was restricted from ever entering tn,