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Show IS ~ A rOLITWA.L TEXT-BOOK FOR 1860. extend nboYe t.he forty-fifth degr .e c. or ul C terr. !tory• 1t flining his views of "llOn-interYention by unuer the forty-thirll and fort)·-~ccontl degrees, thn~ to IC ongress. 11 th~ westward, through which tl~c.A~scnillipi or Hock l{r~·:; '!'he Orrlinnnce, thus depleted, nfter undergo· runs, shall be .called .L1H·•eTH·~1P./(L; und ~111\\·touum in" sollle further amendments, was finally np· t wnrd In which ll.rc the fountams of the " us lilt'\ . ' 11 I d l rr t ~ b t I tcho.es two '"~ t·r nrnr.e s of tl rc' 01 1't o the W·lha.sh the lllino:s, l>l'OVCd A J1ril 23d-a t le e ec-a es, ll t lOSe the l\linmi of the Lake, ruHI th'e ~~~~~du' sky n..'v ere,. h:tll 1) e from South Carolina, vot1•1 1" • 1 fll · In t lC a rma.ttvc. callcu .Mttropotamia. Of the terrrt ory wh:ch hesl under ln 17~7 the last Continental Congre s, sit- ! f t fi t nne\ fortieth dc~rccs the we ·tern. tuoug r c ' • ] 1 . I tl t 11c. lorlly-u:s lli'rrlo·" r·urrs sh·lll 'l)c cnllecl lllinoia; tin" in New-York SllllU tnneou~ y Wit 1 le tWh aIItC nI exICt l'al\d' jor ining 't"o the' 1 ea~' twarcl, Saralo(f~t; nnd, 0 • 1 ' J ' j f ) 01n·cntion at Pluladelp 111\ w 1tc l I_'rl.me( our that between this la~t rm\1 l'ennsylvanln, nnllr). e~t:cndtlng :Feder"ll Constitution took up the ~llbject of the fr Olll the Ollio to Lake Eric, ~hall l.>c cnlleel (/8t.I1/I(J VII. ' ' w' ' 'f '.. , .. ' Of the territory wlrkh tie~ under the thirty·nrnth and government of the CStCl n. CllltOr), t llli:llllg a tl irty·eightlr eltgrccs, to which ~hrdl l>e nd!lcd so mu~h Committee thereon, of wluch Nathan Dnne, o( of ti re point or l:uHI witlrlu t1.1c fork of the Ohio ~11 f 1\tl!t Mnss·lchusctt~ was Chairman. That Committee llki~ippi 1\S lies ur~de.r the t lrrrt.y-~cventh deg~ec '· t II\ tl 0 the westward, wrti11 n • ,· •• d (J 1v ' 11th) " .An Ordinance for the nnci adJaCent to whrch nrc 1e I cp01 te u . , . . . cr·nfluenccs of the rivers '\'ai)a::sh, "'ha.wa.nce, 'l'anlsec, "OVCrnment of the 'l'erntones of the Umted Ohio Illinois, l\l i!:'sisllippl, an<l 1\lissourl, !hn1l be called States Northwest of the Okio"-the larger area p , /l)potmrlict · and that to the east.ward1 further up the < • 1 M J fl' t b'll t 1 · Olr •;, otherwi~e called the l'elbipi1 shall be called contemplated by r. e crsou 8 I no t~v~ug Pet' i.~ipiu. . . . been ceded by the S.out?ern Stat~s chummg 'f'uLt ctll t'te p··Pc•rl"' ~l rtl'hcle.~ 11hall be funned dominion over it. Th1s b1ll cmbothed many of 111 ,0 f t. ella ··f t r uf <·ompae·t, 11hall be cluly executed hy . . . . ll d. f d d t d tl.c }>resieknt or tile uitccl 'tales, in Congr:ess ~sem- the prOYI~I?llS ortgma ! I :1 te an . :cp~r e blc!l, under Jri~ h<t rHI nnel the seal of the Unrtccl Stutes, by Mr. JcflerROII, but wtth some mod1hcat10ns1 shall he pr omulgatcel, and t~h.aU Rtam? ttlljttndumentul a;ld concludes with six unalterable n.rticles of cunditiOI/8 between the llmtccn onglnal tales nnd . I 1 t f tl S f llo .. those newly d ..:~tribe<l, tuwltera{tte but by the joint pcrp 'lUttl compact, t le aS 0 1em a 0 WS • consent of rhe C'11itc<l State~, in C~ngress assemhl~d, "There shall be neither Slavery nor involuntr.ry and of the )Htrticul;\r 'tate within wh1ch :such alteration servitude ln the saiLl Territory, othenvU!e than ln ill proposed to be Ltllltlc. punishme'nt of crimes, whereof the partieM shall l>c duly .April 1 '.J, this re portcll ph1 n came t1!) for convicted." . . con~ider:ttion in Congresi-1. Mr. Spaight of X. To this w:\S n.c.lde<.l, pnor to 1ts p~~ nge, the C. moved that the 5th propo 'ition (prohibiting ~ tipulution for the delivery of fugJ.tlVC~ from • l:tvcry after the year 1 '00) be tricken out of labor· or service, soon after cmbod1ed In the the plan of' ord inance, nnu .Mr. Rend of S. C. Federal Constitution; and in this shape, the seconded tho Htotion. 'l'he que tion was put in entire ordinance waR adopted (July 13th) by a this form: ",'hall the wonls moved to be nnaniq1ous vote, Georgia and the CarolinaJ striekcn ont 8tau1l Y" and on this que~ tion the concurring. .Aves nnd ~ oes were taken. and resulted as fo'!lows: N. H.ulPSIJIRE .. ... Mr. Foster, .. .... .. .. .. . ay ~.Ay. }lr. lllanchard, .• . . .... ay ~f.I.SSAClit:'SETTS .... Mr. <.;err_v:, ............ ay Ay. .lllr. l artrHlgc, .... ..... ay Rno. DK I sL.um ....• .11t1·. Ellery, .... ....... .. ay lAy 1\lr.Howell, ............ ay · CosNF.CTlCUT .. .... Mr. herman, .. .. ... ... ay .Ay 1\Jr. WrL<I:;w orth, ........ ay · New-You ........ Mr. ]~e. Witt, ........... ay LAy. Mr. I atnc, ............. ay I NEw-JERSF.V ...... Mr. Dick, ............ .. ay }-* l>KNNSYLVANIA •.•• 1\lr. 1\lilllin, ....... . .... ay} ~lr. Montgomery, .. .. .. ay .Ay. lllr. ll:urd, ............. ay M ARYLAND ........ l\lr. 1\Icllenry, ......... no iNo 1\lr.Stone, ............. nof · V rnGINIA •••••••.•• 111 r. J etrerson, .... ..... . ay ~ lllr. llarcty, ........... no No. Mr. Mercer, ... ..... . ... no N. O.&nOLnu ....... lltr. Wil!lamson, ........ ay L.Ditvicled Mr. Spnrght, ........... no f S. CAROLINA ...... 1\lr. Rend, ............. no tN; Mr. lleresford, .. . . .. . .. no I 0• llere we finu the votes sixteen in favor of Mt·. Jeflcrson'8 restriction to barely seven ngain t it, and the States divided six in favor to three agninst it. But the .Articles of Confederation (Art. IX.) required flU aflirmative vote of a majority of all the States-that is, ~~ YOte of seven Statc8-to carry a proposition; RO this clause was defeated through the absence of one delegate from New·Jersey, in spite of a vote of more than two to one in its favor. llad the Ncw-Je1·sey delegation been full, it must to a l . , mora certamty, have prc\'ailed; had Delnware then been represented, it would probably have been carried, even without New-Jersey. Yet it is this voLe, so gh·cn nnd recordeu, that l\fr: Douglas in his "llurprt·" 1' :\~ny clnirns as sus- • No quorum. UNDER TilE CONSTITUTION, The old Articles of Confederation having proved inauequa.te to the ereatiou and main· tennnce of ;t capable and cfllcieut national or central authority, a Convention of Delegates from the scv ral States, was legally assembled in Phila.tlclphin, in 1'787-Gcorge 'Vasbington, President; and the result of its labors was our pre ent Federal Constitution, though. s?me amcnuments mainly of the nature of restriCttong on FedPra.l power, were proposed by the several "'tate Conventions assembled to pnss upon that Con~titution, and adopted. The following are all the proviBions of thnt instrument, which nre presumed to bcn.r upon the subject of Slavery: (Preamble): We, the people or the United States/In order to Corm a more perfect Union, establish just ce, Insure tlomcstic tranquillity, provide for the common defense, promote the general welfare, and secu:e the blessings or liberty to ourselves and our postcnty1 do ordain and establish this Constitution for the Umted States of Amerlcn. Art. I. § 1. All legislative powers herein grnnted, sh.aU be vested in a Congress of the United States, wluch shall consist of a Senate and House or Heprcscntatives. § 2. • • . • Representatives and direct taxes shall be apportioned among the several States which may .bs Included within thi~ Union, according to their respect1ve numbers, which shall be ueterminetl, by adding to tho whole number of free persons, including those bound to servitude for a term or years, and excluding lndinilll not taxed, thrce-flrths of all other persons. § U. 'l'he migration or importation of such persons as any of the Htatc:1 now existing shall think prop~r to ndmit, shall not l>e prohibited by the Congress pnor to the year 1 '0 ; hut a. tax or duty may be Imposed, nol exceeding ten dollars on each person. 'l'he privilege of the writ of habe<.J.3 corptt8 shall not be suspended, unless when, in cases or rel>cllion Ot invasion, the public snfety may requh·e it. No bill of attainder or eaJ JJOSt facto laws shall be passed. Art. III. § 3. Treason agains~ the Unl~cd States TilE STRGGGLE FOH RL.\ VERY RE TlUCTIO~. lhall con~iRt only in levying war aga'nHt them, or In o.elllcr: ng to their enemic!l, g:ving them aiel and comfort. Art. IV. § 2. The citizens of each ...;tate shall be entilled to all the priv:lcge::r of citizens, In the 11cveral <:;tate·. No pcrKon hclel to service or lahor In one State, under the laws thereof, escaping Into another, shall, in conscqucnre of uny lu.w or regulation therein, he discharged f. om such service or labor, hut .shall be delivered up on claim or the party to whom such service or lahor may he dne. 'J'hc Coug• l'~S slt;tll have power to dispose of and make all nccdf111 rul~s and regulations respecting the tcrr·itorr or ot l1er property belonging to the l'nilcd States: and not !ring In tlris Co n::~ titution shall be so construed as to prcjlltlicc nny claims of the United States, or of any partkul:tr ~trtle. § 4.. Tire Uuitc!l Stat e'l shall guarantee to every State in tlris nion n rcpuhlican form or govcroment, and shllll protect each of t)Jcm against invru;ion; and on application of the lcgi!llature, or oC the executive when Urc lcgisl;tture cannot be con veued, against domestic violence. Art. \'f. This Co n~titution, and the Jaws or the Gnit eel ~t:ttcR, "hicl1 shall be made in pursuance thereof, aud nil tlce treaties Inaclc, or which shall be made, under Ure authority or the Cnited tates, shall be the supreme law of tire l:llld; ttncl the judges in eYery State shall be bound thereby, anything in the Constitution or lnws of any State to tl1e contrary notwithsta.nding. CKSSlONS OP ~OUTllEit.S TERRITORY. The Sta t1• of Ken tucky was set ofl' from the State of Virgiuia. in 1 iuo, by mutual ngrce· ment, and adutittPd into the Gnion by act of Congrc s, pa~scJ February 4th, 17 91 ; to take eflcct June 1 't, 17\)~. It w:LB never a tenitory of the U11itrcl States, nor under Fedcml j urisdiction, exe0pt as a State, and inherited la.v ry from the "Old Doruinion." 'l'he State of North Carolina, like Revet·al othet·s, cluimcd, during and after· the Hcvolntion, that her tcrritorv extended westward to the lUiHsissi ppi. · On the 22d of December, I7 n~-one month ufte1· the ra.tilic.1tion of tlte Federal Constitution -North Carolina pR 'ed an act, ceding, on certain cotH.litions, Rll bet· tcnitory west of her pre~cut limits to the Unit d State. . Among the conditions exacted by her, and agn'cd to by Con"re s (Act nppro\'ed April 2nd, 1790) is the following : p ,·ovicled nlwa,yR, that no regulations made, or ta be made, l>y Congrc8s shall tend to ewanclpnLe :;!aves. The alJove arc nll-nnd perhaps mor·c th~n Were it not then couccdcd that Congress all - thP clauRl'S of the Constitution, that htLve had the power to nHtko regulations for the been quotctl on one side or the ot.her as bear·- territories wltich would ''tend to emancipate lng upon the suhjeet of Slavery. sla\'cs," this proviso would be utterly rueaniug- It will he uotcd that the word "slave 11 or less. "slanry " tloes not appear therein. .Mr . .Madi- Georgia, in like manner, ceded ( Apt·il 2nd, bOll, who was a lendin<Y and observant member 1 G2) the territories lying we. t of her pre:5l'ltt of the Convention, and \Yho took notes of its limitR, now forming the St:tt s of Alabn:na a11d daily proceeding , a0lrn1::s that this silence was Missis ippi. .Among the concli tions exacted by de.igncd-thc Convention being unwilling that her, and accepted by the United S tates, is the the Constitution of the United States should following: recognize property in human beings. In pas- Fifthly. Tha.!. the territory thus ceded shaii1Jecotn4 81tges where laves nre presumed to be contem- a f'tate, and be ndmittcd Into the Union as soon as i' Plated, they arc unifortnh' dcsi~ natc d as "pe r- shall contain sixty thousand rr·ee ir1htLbitant , or, at an J ..... earlier period, if Congress shf\ll think it expedient, on son. ," never as property. Contemporary his- the same coll(litions and restrlctions 1 with the same tory prO\'CS that it was tlte belief of at lea t a privileges, and iu the same manner, a.s Ill provided In the b rgc portion of the delcg::ttcs that Slavery ordinance of Congress or the V:lth day of July, li ' 7, for the government of the Western territory of the Uuited could not long m·vivc the final stoppage of the States ; which ordinance shall, in all its parts, extend t(l slave-trade, which was expected to (and did) the territory contained in the present act of cession, the OCCUt' in 18U • And, were Slavery this day article only excepted which forbid:! sltwcry. l.HtUi hed forever from the COUn try, there might, EARLY ATT~~MPTS TO OVERRIDE Tf!E ORIJlNANC!). indeed, be some uperlluous stipulations in the ·when Ohio (1802-3) was made a State, the Feueral compact or charter; but tltcrc nrc none re idue of the va 't regions originally couv 'ycd which uecd be repealed, or· essentially modi- by tlte ordinance of '87 was continued uuder tied. ;. Federal pupilage, by the name of "Indiaua A d ircct pro vi ·ion for the restoration 01 '£erritory," whereof w 10• Henry Harrisou (siuce fugitive :,:laves to their masters was, n.t least President) was appointed Governor. It was once, voted down by the Convention. Fiually, quite commonly argued that, though lavery the clause rc::;p 'cting persons "held to service was injurious in the long run, yet, as nn expeor labor," was propo'ed by .Mr·. llutlet·, of South dieut while clearing away the heavy forests, Caroliuu, and adopted with little or no opposi- openino" settlements iu the wiluerncss, and surtion. mounting the inevitable hardships and prim- The following, flmong the amendments to tions of border· life, it might be tol 'l'lltcd, and the Con~titution, propo ·cd by the ratifying cou- even regarded with favor. Accordingly, the ventiou~ of o11c or more Stn~ , and ndopteu, new Territory of Indiaua made repeated efl'orts are suppo~·H.·d by some to bear on the question to procure a. relaxation in her favor of the reuow ngit;Lt<:tl n:lat.i,·e to Slavery: strictive clau e of the Ordinance of '87, ouc of Art. I. Congress shall ma.ke no law respecting an them through the in trumentality of a Conven· eetablishmcn~ or religion, or prohibiting the free exer- tion a sembled in 1802-3 and pre idcd over by ci:;e therl:!of; or· abridging the freedom of speech, or or 1 'I' . : : 1 G . ~ b · t 1 th " . t the PreKs, or of the rights of the people peacefully to t 1e et rtt?t ra over nor 1 so c, Wt : 1 . C I")~ ea a;~,em lilc , and to pcti tlou the Government Cor a. redress bouy of bts fello w-delcgates, memonaltzcd Conof gr~evanccs. . . . . I gre:ss, amoug other things, to suspend tempor- Al t. 1 ~· A wcll-regulitted nulrt~a heurg necessary to . ..1 the O£)eration of tho sixth article of the (bc secu rrty of a free l!~te, the rrxht of the people to Lu 1 .~ • , • • kbcJI uthliJe;tr rtrm,; slutll not be iufringed. j Ortlmancc aforesntd 'I lus memonal was rc- Art. v. No pcr::~o ns shall be .... uepriveJ or lire, ft•rreJ ill the House to a select committee of lll•ertr, ~lr property, without due proce ·~ of lnw. ; nor ' three two of them from Sl~ve States with the Fll <tll prrvate 1u·opcrty be laken for 1>ubltc use wlthout / . ' l b t d J l R 1 h 'h · jll.dt cOIJljJcu::satio·l. wee ce e ra c o 1n an o p as c atrman. |
