Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-07-27

convicted Provided alte1ys, that any person esca-
ping into the same from whom labor or service is
lawfully claimed in any one of the original States,
such fugitive may be lawfully reclaimed and con-
veyed to the person claiming his or her labor or
service as aforesaid.
Mankind in striking out new theories find it safe |
to 60 back to precedent, and by rigid comparison,
see how far they departing from what was con-
sidered bad or how near they approach the perfec-
ton and excellence OF that which was though. good
The Ordinance has been the keynote to every
exciting chord struck by the Northern SchoOl-it
has been cited containing the views of the ates
let it speak for itself.
In providing for the safe return of fugtives from
labor it includes all the "old thirteen" 1t puts
upon the level the fugitive from labor in
Rhode Island as the one from Virginia, and does
not distinguish colour 1t acknowledges the claim of
the master not only as legal right bat as legal
property. The claim set up was not one OF the
nature Of damages, but was for the person of the
fugitive.
This ordinance, in order that it might have fair
chance, and that it might have its full effect upon
the settlement of the territory, ratified in the
second Congress, under the constitution So far as
it could be made valid it was made so by the ratif
cation of Congress. The Republican party claim
that, under this very Magma Charta of their liberties
an escaped slave is free he touches
the soil of a territory. Mr.. DOUGLAS claims that he
is not only Free but can by act of the terri
torial legislature become tie maker of law by
which his own freedom is secured and by which he
secure the freedom of his brethren in the States
By Mr. DOUGLAS policy while claiming and having the
protection of the federal government territory,
no earthly power can bring them into the Union
againsttheir will and they may stay outside enjoying
the protection and defying the power of the Union
But the ordinance IS not eloquent alone In its re-
| Dukes to the modern Gracchi in ts simple language
1t isoverpowering, overwhelming, in its plain logical
| deductions. The territories are inhibited by the
plain language of the compact from passing laws IN
favor of slaveryand it follows that they could have
no power to make laws opposed to it. The ordinance
itself stands as evidence that the Union under the
confederation assened to the existence Of slavery
the Constitution ratified it, and the second Congress
gave IT its farther sanction. This Northwest Terri
tory though it, by virtue of its position to the old
thirteen States had to assume and was made par
ty to sovereignty in a sovereign compact, was lin
tied in the act itself from asserting the full powers
of sovereignty, even after it should have entered
/ lnLO LnS Ouluu OIabS AAA'S' 49,
first Territory-the first under the confederation
the first under the Constitution into the Con-
federation in limited sovereign capacity, under
all its binding obligations but when the final com
pact of the Constitution ratified by the represen
tatves of the sovereign States all sovereignty is
taken from it, and the only place 1t occupies is that
of the common property of the Union. 1t may re-
main wilderness forever, it may become the
seat of sovereignty but until it enters the Union in
the manner prescribed by the Constitution, it car
pass no laws excepting such as recognize higher
authority-it can assume in way or form the
attributes of sovereignty.
In following out what are usually designated a.
the compromises of the Constitution it is worthy Of
remark that the latter part of this 9th article Of th(
Ordinance of 'S7 should find place in the Constitu
tuition, while there is no trace of any restriction
even limited at in regard TO any other Territory
whether then in the possession of any State, or any
which should possibly be acquired afterwards. The
argument derived from this fact irresstibl
strong that those who framed the delicate machinery
of the Constitution did not think themselves cOmpe
tent even in their sovereign capacity to beSoc SOW
sreignty upon a crude uniformed society.
In order to understand what the second Congress
thought of Mr.. DOUGLAS views of Territorial Sow
ereignty, we find that Congress passing act alik
binding on all the States and Territories in reclaim
ing fugitive from labor" North of the Ohio tn
title was held in the shape of indenture for 9
| years. South Of that river for life.
, The first petition to Congress from the North
Western Territory comes from certain citizens 0
St. Clair and Randolph counties, lin the InOi
country in regard to the operation of the CT
dinance. They deem it of an expost tactO char
acter, predjudicial to the settlement and pros
perity of the Territory. They cite their rights un
der the Virginia laws, and under the laws of Ma
tions but abide the decision of Congress- and rel.
: on it to do them justice. They do not propose t
introduce or exclude slavery from the Territory.
The next remarkable petition is from a convention
of the people of the whole Territory, called by tn
Territorial legislature and including all the Terrific
~ west of the State of Ohio. 1t sets forth, tina
nine-tenth3 of your petitioners being Of Opinion
tnat the 9Th article of the compact has beef
} extremely prejudical to their interests ant
welfare - and go to ask for the repea
or suspension of said article of compact
, but does not hint that they have any right
! except those derived from the Constitution an
the laws of Congress under it. Their petition
was referred to select committee in February
lS03 recommitted to another committee in Decem
Der of the same year, who reported in favor of ii
$50 as to permit the introduction of slaves bor
within the United States from any of the individual
l States"
In 1905 another committee had the same matte
referred to them, and reported favOrably, but Con
gress took no action in the matter 1t was evident
looked on as one Of those compromises that was no
I to be disturbed. Mr. RANDOLPH was chairman O
the only committee that reported against it. Ht
: looked on the western Territories as the future
asylum Tor the degraded and at that time, valueles
negro population of Virginia. And his manumitte
/ slaves now drag out useless, depraved and de
f graded existence in one of the finest counties O
Ohio, curse to the country, and greater curse
themselves. In those times :" that tried men
/ souls" there was not found man to propose Nj
DOUGLAS doctrine, even denier resort Zeal
ty to the Constitution fealty to the law though Op
pressye, and fealty to the Union, would not allow
the growth of sentiments like Mr.. DOUGLAS, whicl
ignore the obligations of the first, trample on tn
second, and are full of danger to the last.