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Show 362 TH~~ AGl'rArl'lON l.N 18±7-50. of the old Congress, moved a proposition, very much in the same shape as the sixth nrticle (that which excludeR slavery) in the ordinaucc a. it now slands, witll the excepliun of its provi o. It was referred to a commitlre, but there "'~L' 110 action on it. .A commitl c wn.s mov J the next or the sub equent year, which report d wilhont ineludillg· or 110_ ti ino- ~Ir. lGnD"'s propo ·iLion. Mr. Dane '"'as a mcmbct· of that committee, and propo ed a provi~ion tbe ~ame as that in the ordinance as it pas ed, but the committee reported without including it. Pinally, another committee was raised, at the head of which was Mr. Carrillgton, of Virginia, and of which Mr. Dane was also a meml>cr. 'l'hat committee reported without including the amendment previou ly proposed by him. Mr. Dane moved his proposition, which was adopted, and the report of the eommiLtcc thus amended became the Ordinance of 17 87. It may be inferred from this brief historical sketch, that the ordi11ance was a compromise between the Southern and N orLhern States, of which the terms were, that slavery should be excluded from Territory upon condition that fugitive slaves, who might take refuge in the Territory should be delivered up to their owners, as stipulated in the proviso of the 6th article of the Ordinance. It is manifest, from what has been stated, that the South was unitedly and obstinately opposed to the provi ion when first moved; that the proposition of Mr. King, without the proviso, was in like manner resisted by the South, as mny be inferred from its entire want of success, and that it never could be brought to agree to it until the provi ion for the delivery up of fu gitive slaves was incorporatect in it. But it is well understood that a compromise involves not a surrender, but simply a waiver of the right or power; and hence, in the case of individuals, it is a well established legal principle, that an offer to settle by compromise a litigated claim, is no evidence against the jusLice of the claim on the side of '!'liB AGl'l'A'l'lON lN 18--17-50. 363 the party making it. The South, to her honor, has observed with fid elity her engagements under thL compromise; in proof of which, I appeal to the prrcedents cited b the Senator from New York, in tetHled by him to esta.bli~ h the fact of her acquie~cence in the Ordinan ce. I admit that she h a~ acquic cell in the several acts of Congress to carry it in to ciTcct; uut the Senator is miHtaken in sup· osing that it is proof of a surrenu cr, on her part, of the power over the territories which he claims for Cougress. ~ o, she never has, and I trust never will, make snch a surrender. Instead of that, it is concln::;ive proof of her fidelity to her engagements. She has never attempted to set aside the oruiu n.nce, or to deprive the territory, and the States erected within its limits, of any rio-ht or advantage it was intended lo eon fer. BuL I regret that as much cannot be said in favor of the fiuelity wi lh whi ch it has been observed on their part. With the sirrgle exception of the State of Illinoi:-be it ~aiu to her honor-every other State erected within its limi ts has pursued a course, and adopted measures, which have rendereu the stipubtions of the proviso to deliver up fu gitive slaves nugatory. Wisconsin may also be an exception, as she bas just cnlered the Union, and hns hardly had time to act on the subject. 'fhcy have gone further, and suffered individuals to form combinations, without an effort to suppress them, for the purpose of enticing and seducing tho slaves to leave their masters, and to run them iuto C<umda. Lcyond the rench of our laws-in open violation, not only of the stip ulations of the ordinan~e, but of the Constitution itself. If I express myself strongly, it is uot for the purpo 'e of prodnciug excitement, but to draw the attention of the Senate forciLly to the subject. 1\Iy object is to lay bare the subject under consideration, ju t as a surgeon probes to the bottom and lays open a wound, not to caus~ pain to his patient, but for the purpose of healing it. * * * * * * * |
