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PENNSYLVANIA .

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VIRGINIA

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* No quorum.

the above paragraph. Mr. Read, of S. C., tives from labor or service, soon after embo
seconded the motion. The ayes and nays, died in the Federal Constitution; and in
being required by Mr. Howell, were ordered, this shape, the entire ordinance was adopted
and put in this form“Shall the words (July 13th) by a unanimous vote, Georgia
moved to be stricken out stand ?"--and de- and the Carolinas concurring.
cided as follows :
N. HAMPSHIRE . Mr. Foster

III.
" Blanchard
“ Gerry
ay ?

UNDER THE CONSTITUTION,
Ay.
“ Partridge
RHODE ISLAND.." Ellery ay ?

THE old Articles of Confederation having " Howell

Ay. ay

proved inadequate to the creation and mainCONNECTICUT " Sherman ay? " Wadsworth

tenance of a capable and efficient national or Ay.

ay NEW YORK “De Witt

central authority, a Convention of Delegates * Paine

from the several States, was legally assemNEW JERSEY Dick.

bled in Philadelphia, in 1787–George Wash" Mifflin. ày

ington President; and the result of its labors Montgomery, ay " Hand

was our present Federal Constitation, though MARYLAND “ McHenry.

some amendments, mainly of the nature of

No. " Stone

restrictions on Federal power, were proposed 66 Jefferson

ay

by the several State Conventions assembled,

to pass upon that Constitution, and adopted. " Mercer N, CAROLINA . Williamson ay ?

The following are all the provisions of that Spaight

Divided. instrument, which are presumed to bear upon S. CAROLINA " Read

the subject of Slavery : “ Beresford.

No.

(Preamble); “We, the people of the United :. So the question was lost, and the words States, in order to form a more perfect Union,

establish justice, insure domestic tranquillity, were struck out.

Lost-although six States voted ay, to neral welfare, and secure the blessings of liberty only three nay; and though of the members to ourselves and our posterity do ordain and present,sixteen voted for, to seven against, Mr. establish this Constitution for the United States Jefferson's proposition. But the Articles of of America. Confederation required a vote of nine States granted, shall be vested in a Congress of the

“ Art. I. $ 1. All legislative powers berein to carry a proposition; and, failing to re- United States, which shall consist of a Senate and ceive so many, this comprehensive exclusion House of Representatives. of Slavery from the Federal Territories was

"2. * * * Representatives and direct taxes

shall be apportioned among the several States defeated.

may

be included within this Union, accordThe Ordinance, thus depleted, after under- ing to their respective numbers, which shall be going some further amendments, was finally determined, by adding to the whole number of approved April 23rd-all the delegates, but free persons, including those bound to servitude those from South Carolina, voting in the for a term of years, and excluding Indians not

taxed, three-fifths of all other persons. affirmative.

"9. The migration or importation of such In 1787 the last Continental Congress, persons as any of the States now existing, shall sitting in New York simultaneously with think proper to admit, shall not be prohibited by the Convention at Philadelphia which the Congress prior to the year 1808; but a tax or framed our Federal Constitution, took up on each person.

duty may be imposed, not exceeding ten dollars the subject of the government of the West- “ The privilege of the writ of habeas corpus ern Territory, raising a Committee thereon, shall not be suspended, unless when, in cases of of which Nathan Dane, of Massachusetts, rebellion or invasion, the public safety may rewas Chairman. That Committee reported quire it.

“No bill of attainder, or ex post facto laws (July 11th), "An Ordinance for the gov, shall be ernment of the Territory 'of the United “ Art. III. $ 3. Treason against the United States, Northwest of the Ohio”--the larger States, shall coneist only in levying war against area contemplated by Mr. Jefferson's bill them, or in adhering to their enemies, giving

them aid and comfort. not having been ceded by the Southern

Art. IV. 2. The citizens of each State shall States claiming dominion over it. This bill be entitled to all the privileges of citizens, in the embodied many of the provisions originally several States. drafted and reported by Mr Jefferson, but "No person held to service or labor in one with some modifications, and concludes with State, under the laws thereof, escaping into

another, shall, in consequence of any law or regusix unalterable articles of perpetual compact, lation therein, be discharged from such service or the last of them as follows :

labor, but shall be delivered up on claim of the There shall be peither slavery nor involun- party to whom such service or labor may be tary servitude, in the said territory, otherwise than in punishment of crimes, whereof the parties

"$3. New States may be admitted by the shall be duly convicted."

Congress into this Union; but no new State shall

be formed or erected within the jurisdiction of To this was added, prior to its passage, any other State ; nor any State be formed by the the stipulation for the delivery of fugi- junction of two or more States, or parts of States,

which

passed.

due.

State.

CESSIONS OF SOUTHERN TERRITORY,

without the consent of the legislatures of the sary to the security of a free State, the right of States concerned, as well as of the Congress. the people to keep and bear arms shall not be

“ The Congress shall have power to dispose infringed. of, and make all needful rules and regulations re- Art. V. No person shall be * * * deprived of specting the territory or other property, belonging life, liberty, or property, without due procass of to the United States ; and nothing in this Consti- law; nor shall private property be taken for pubtution shall be so construed as to prejudice any lic use without just compensation." claims of the United States, or of any particular

IV. "ý 4 The United States shall guarantee to every State in this Union, a republican form of government, and shall protect each of them against invasion; and on application of the legis.

THE State of KENTUCKY was set off from lature, or of the executive when the legislature the State of Virginia in 1790, by mutual cannot be convened, against domestic violence agreement, and admitted into the Union by

:* Art. VI. This Constitution, and the laws of act of Congress, passed February 4th, 1791 ; the United States, which shall be made in pursuance thereof, and all the treaties made, or to take effect June 1st, 1792. It was never which shall be made, under the authority of the a territory of the United States, nor under United States, shall be the supreme law of the Federal jurisdiction, except as a State, and land; and the judges in every State, shall be inherited Slavery from the Old Dominion.' bound thereby, anything in the Constitution or laws of any State to the contrary notwithstand

The State of North Carolina, like several ing."

others, claimed, during and after the RevoluThe above are all—and perhaps more than tion, that her territory extended westward to all—the clauses of the Constitution, that

the Mississippi. The settlers west of the have been quoted on one side or the other as of them assumed to establish (1784-5) the

Alleganies resisted this claim, and a portion bearing upon the subject of Slavery. It will be noted that the word “slave," or Tennessee ; but North Carolina forcibly re

State of Frankland, in what is now East “slavery" does not appear therein. Mr.

sisted and subverted this, and a considerable *Madison, who was a leading and observant member of the Convention, and who took portion of the people of the embryo State de notes of its daily proceedings, affirms that rided its authority, and continued to act and

vote as citizens of North Carolina. A delethis silence was designed the Convention being unwilling that the Constitution of the gate (William Cocke) was sent from FrankUnited States should recognize property in land to the Continental Congress, but was human beings. In passages where slaves

not received by that body. On the 22nd of are presumed to be contemplated, they are her ratification of the Federal Constitution

December, 1789, however-one month after uniformly designated as “ persons,” never as North Carolina passed an act, ceding, on property. Contemporary history proves certain conditions, all her territory west of that it was the belief of at least a large

por. her present limits to the United States. tion of the delegates that Slavery could not long survive the final stoppage of the slave. Among the conditions exacted by her,

and

agreed to, by Congress, (Act approved April trade, which was expected to (and did) occur in 1808. And, were Slavery this day banished 2nd, 1790) is the following: forever from the country, there might, indeed, to be made, by Congress shall tend to emancipate

Provided always, that no regulations made, or be some superfluous stipulations in the

slaves." Federal compact or charter ; but there are

Georgia, in like manner, ceded (April 2nd, none which need be repealed, or essentially 1802) the territories lying west of her premodified.

sent limits, now forming the States of AlaA direct provision for the restoration of bama and Mississippi. Among the confugitive slaves to their masters was, at least ditions exacted by her, and accepted by the once, voted down by the Convention. United States, is the following: Finally, the clause respecting persons “ held "Fifthly. That the territory thus ceded shall be. at service or labor," was proposed by come a State, and be admitted into the Union as Mr. Butler, of South Carolina, and adopted, soon as it shall contain sixty thousand free inhabit. with little or no opposition.

ants, or, at an earlier period, if Congress shall

think it expedient, on the same conditions and • The following, among the amendments réstrictions, with the same privileges, and in the to the Constitution proposed by the same manner, as is provided in the ordinance of ratifying conventions of one or more States, Congress of the 13th day of July, 1787, for the and adopted, are supposed by some to bear government of the Western territory of the United

States ; which ordinance shall, in all its parts, exon the questions now agitated relative to tend to the territory contained in the present act Slavery:

of Cession, the article only excepted which forbids

slavery." "Art. I. Congress shall make no law respecting an establishment of religion, or prohibiting

V. the free exercise thereof; or abridging the freedom of speech, or of the press; or of the rights of the people peacefully to assemble, and to petition the Government for a redress of griev

WHEN Ohio (1802–3) was made a "Art. II. A well-regulated militia being neces. State, the residue of the vast regions.

EARLY ATTEMPTS TO OVERRIDE THE

ORDINANCE.

ances.

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originally conveyed by the ordinance of This Report, having been made at the close '87, was continued under Federal pupilage, of the Session, was referred at the next to a by the name of “ Indiana Territory," whereof new Committee, whereof Cæsar Rodney, a Wm. Henry Harrison (since President) was new Representative from Delaware, was appointed Governor. An earnest though Chairman. Mr. Rodney from this Commitquiet effort was made by the Virginia ele tee reported (February•17th, 1804) ment, which the location of her military

"That, taking into their consideration the facts bounty warrants on the soil of Ohio had in- stated in the said memorial and petition, they are fused into that embryo State, to have induced to believe that a qualified suspension, for Slavery for a limited term authorized in her a limited time, of the sixth article of compact bofirst constitution ; but it was strenuously re- States west of the river Ohio, might be produc

tween the original States and the people and sisted by the New England element, which tive of benefit and advantage to said Territory.', was far more considerable, and defeated. The Virginians either had or professed to have the topics embraced in the Indiana memorial

, and

The Report goes on to discuss the other his hostility to Slavery, as a permanent social concludes with eight resolves, of which the state, was undoubted. It was quite commonly follows:

first (and only one relative to Slavery) is as argued that, though Slavery was injurious in the long run, yet, as an expedient while dinance of 1787, which prohibited Slavery

Resolved, That the sixth article of the Orclearing away the heavy forests, opening within the said Territory, be suspended in a settlements in the wilderness, and surmounting qualified manner, for ten years, so as to permit the inevitable hardships and privations of the introduction of slaves, born within the United border life, it might be tolerated, and even States, from any of the individual States ; proregarded with favor. Accordingly, the new the importation of slaves from foreign countries :

vided, that such individual Stạte does not permit Territory of Indiana made repeated efforts to and provided, further, that the descendants of procure a relaxation in her favor of the re- all such slaves shall, if males, be free at the age strictive clause of the Ordinance of '87, one of of twenty-five years, and, if females, at the age them through the instrumentality of a Con- of twenty-one years. vention assembled in 1802–3, and presided

The House took no action on this Report. over by the Territorial Governor; so he, The original memorial from Indiana, with with the great body of his fellow-delegates, several additional memorials of like purport, memorialized Congress, among other things, was again, in 1805-6, referred by the House to suspend temporarily the operation of the to a select committee, whereof Mr. Garnett sixth article of the Ordinance aforesaid. of Virginia was chairman, who, on the 14th This memorial was referred in the House to of February, 1806, made a report in favor of a select committee of three, two of them the prayer of the petitioners as follows : from Slave States, with the since celebrated That, having attentively considered the facts John Randolph as chairman. On the 2nd of stated in the said petitions and memorials, they March, 1803, Mr. Randolph made what ap- limited time, of the sixth article of compact be

are of. opinion that a qualified suspension, for å pears to have been a unanimous report from tween the original states, and the people and this Committee, of which we give so much as States west of the river Ohio, would be beneficial relates to Slavery-as follows:

to the poople of the Indiana Territory. The sus

pension of this article is an object almost univer“The rapid population of the State of Ohio Bally desired in that Territory. sufficiently evinces, in the opinion of your com- It appears to your committee to be a question mittee, that the labor of slaves is not necessary entirely different from that between Slavery and to promote the growth and settlement of colonies Freedom ; inasmuch as it would merely occasion in that region. That this labor--demonstrably the removal of persons, already slaves, from one the dearest of any-can only be employed in the part of the country to another. The good effects cultivation of products more valuable than any of this suspension, in the present instance, would known to that quarter of the United States ; that be to accelerate the population of that Territory, the Committee deem it highly dangerous and in- hitherto retarded by the operation of that article expedient to impair a provision wisely calculated of compact, as slave holders emigrating into the to promote the happiness and prosperity of the Western country might then indalgo any prefernorthwestern country, and to give strength and ence which they might feel for a settlement in security to that extensive frontier. In the salutary the Indiana Territory, instead of seeking, as they operation of this sagacious and benevolent re. are now compelled to do, settlements in other straint, it is believed that the inhabitants of In- States or countries permitting the introduction of diana will

, at no very distant day, find ample re- slaves. The condition of the slaves themselves muneration for a temporary privation of labor, would be much ameliorated by it, as it is evident, and of emigration."

from experience, that the more they are separated The Committee proceed to discuss other stowed on them by their masters-each proprietor

and diffused, the more care and attention are bo subjects set forth in the prayer of the memo- having it in his power to increase their comforts rial, and conclude with eight resolves, whereof and conveniences, in proportion to the smallness the only one relating to Slavery is as fol- of their numbers. The dangers, too, (if any are lows :

to be apprehended) from too large a black popu

lation existing in any one section of country, “ Resolved, That it is inexpedient to suspend, for would certainly be very much diminished, if not a limited time, the operation of the sixth article of entirely removed. But, whether dangers are to the compact between the original States and the be feared from this source or not, it is certainly an people and States west of the river Ohio." obvious dictate of sound policy to guard against

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them, as far as possible. If this danger does ex it would not augment the number of slaves, but ist, or there is any cause to apprehend it, and our merely authorize the removal to Indiana of such Western brethren are not only willing but desi- as are held in bondage in the United States. If rous to aid us in taking precautions against it. Slavery is an evil, means ought to be devised to would it not be wise to accept their assistance? render it least dangerous to the community, and

We should benefit ourselves, without injuring by which the hapless situation of the slaves would them, as their population must always so far ex- be most ameliorated; and to accomplish these obceed any black population which can ever exist in jects, no measure would be so effectual as the that country, as to render the idea of danger from one proposed. The Committee, therefore, rethat source chimerical

spectfully submit to the House the following reso

lution: After discussing other subjects embodied Resolved, That it is expodient to suspend, in the Indiana memorial, the committee close from and after the 1st day of January, 1808, the with a series of Resolves, which they com- sixth article of compact between the United States mend to the adoption of the House. The and the Territories and States northwest of the first and only one germane to our subject fohio, passed the 13th day of July, 1787, for the

term of ." is as follows: Resolved, That the sixth article of the Ordi

This report, with its predecessors, was nance of 1787, which prohibits Slavery within committed, and made a special order, but the Indiana Territory, be suspended for ten never taken into consideration. years, so as to permit the introduction of slaves, born within the United States, from any of the individual States.

The same letter of Gen. Harrison, and re This report and resolve were committed solves of the Indiana Legislature, were sub and made a special order on the Monday mitted to the Senate, Jan. 21st, 1807. They following, but were never taken into consid- were laid on the table for consideration, eration.

and do not appear to have even been referred At the next session, a fresh letter from at that session ; but at the next, or first sesGov. William Henry Harrison, inclosing re-sion of the fourth Congress, which convened solves of the Legislative Council and House Oct. 26th, 1807, the President (Nov. 7th) of Representatives in favor of suspending, for submitted a letter from Gen. Harrison and his a limited period, the sixth article of compact Legislature-whether a new or the old one aforesaid, was received (Jan. 21st, 1807) and does not appear--and it was now referred to referred to a Select Committee, whereof Mr. a select committee, consisting of Messrs. J. B. Parke, delegate from said Territory, was Franklin of N. C., Kitchel of N. J., and made chairman. The entire Committee (Mr. Tiffin of Ohio. Nathaniel Macon of N. C. being now Speak

Nov. 13th, Mr. Franklin, from said comer) consisted of

mittee, reported as follows: Messrs. Alston of N. C.

Rhea of Tenn.

“The Legislative Council and House of Rep

Sandford of Ky. resentatives, in their resolutions, express their Morrow of Ohio. Trigg of Va.

sense of the propriety of introducing Slavery into

their Territory, and solicit the Congress of the Mr. Parke, from this Committee, made United States to suspend, for a given number of (Feb. 12th,) a third Report to the House in years, the sixth article of compact, in the ordt

nance for the government of the Territory northfavor of granting the prayer of the meino west of the Ohio, passed the 13th day of July, rialists. It is as follows:

1787. That article declares : There shall be nei “ The resolutions of tho Legislative Council ther Slavery nor.involuntary servitude within the and House of Representatives of the Indiana Ter.

“The citizens of Clark County, in their remon. ritory, relate to a suspension, for the term of ten strance, express their sense of the impropriety of years, of the sixth article of compact between the the measure, and solicit the Congress of the United States and the Territories and States north- United States not to act on the subject, so as to west of the river Ohio, passed the 13th July, 1787. permit the introduction of slaves into the TerriThat article declares that there shall be neither fory; at least, until their population shall entitle Slavery nor involuntary servitude in the said them to form a constitution and State governTerritory.

“ The suspension of the said article would operate an immediate and essential benefit to the Ter. matter, respectfully submit the following resolu

“ Your Committee, after duly considering the ritory, as emigration to it will be inconsiderable for

tion: many years, except from those States where Sla

' Resolved, That it is not expedient at this time very is tolerated.

“And although it is not considered expedient to to suspend the sixth article of compact for the force the population of the Territory, yet it is de government of the Territory of the United States

northwest of the River Ohio." sirable to connect its scattered settlements, and, in admitted political rights, to place it on an equal And here ended, so far as we have been footing with the different States. From the inte; able to discover, the effort, so long and earnrior situation of the Territory, it is not believed that slaves could ever become so numerous as to estly persisted in, to procure a suspension of endanger the internal peace or future prosperity the restriction in the Ordinance of 1787, so as of the country. The current of emigration flow. to admit Slavery, for a limited term, into the ing to the Western country, the Territories should Terrritory lying between the Ohio and Misquestion of Liberty and Slavery is not involved in sissippi rivers, now forming the States of the proposed measure, as Slavery now exists to a Ohio, Indiana, Illinois, Michigan, and Wisconsiderable extent in different parts of the Union; I consin.

Masters of N. Y.

Parke of Ind.

ment.

THE FIRST MISSOURI STRU OGLE.

VI.

for its second session, on the 16th of November, 1818. Feb. 13th, the House went into

Committee of the Whole-Gen. Smith, of The vast and indefinite territory known Md., in the chair-and took up the Missouri as Louisiana, was ceded by France to the bill aforesaid, which was considered through United States in the year 1803, for the sum that sitting, as also that of the 15th, when of $15,000,000, of which $3,750,000 was de- several amendments were adopted, the most voted to the payment of American claims on important of which was the following, moved France. This territory had just before been in Committee by Gen. James Tallmadge, of ceded by Spain to France without pecuniary Dutchess County, New York, (lately de consideration. Slaveholding had long been ceased :) legal therein, alike under Spanish and French " And provided also, That the further introducrule, and the Treaty of Cession contained tion of Slavery or involuntary servitude be prothe following stipulation :

hibited, except for the punishment of crimes,

whereof the party shall be duly convicted ; and “ Art. III. The inhabitants of the ceded terri- that all children of slaves, born within the said tory shall be incorporated into the Union of the State, after the admission thereof into the Union, United States, and admitted as soon as possible, shall be free, but may be held to service until thé according to the principles of the Federal Consti- age of twenty-five years." tution, to the enjoyment of all the rights, advantages and immunities of citizens of the United

On coming out of Committee, the Yeas and States ; and in the mean time they shall be main Nays were called on the question of agreeing tained and protected in the free enjoyment of to this amendment, which was sustained by their liberty, property, and the religion which the following vote : (taken first on agreeing they profess.”

to so much of it as precedes and includes the The State of Louisiana, embodying the word “convicted.”] southern portion of this acquired territory, YEAS_For the Restriction : was recognized by Congress in 1811, and

New HAMPSHIRE.-Clifton Clagett, Samuel fully admitted in 1812, with a State Consti- Hale, Arthur Livermore, Nathaniel Upham-4. tution. Those who chose to dwell among

MASSACHUSETTS--(then including Maine):the inhabitants of the residue of the Lou- Benjamin

Adams, Samuel C. Allen, Walter Folisiana purchase, henceforth called Missouri Lincoln, Elijah H. Mills, Marcus Morton, Jere

ger, jr., Timothy Fuller, Joshua Gage, Enoch Territory, continued to hold slaves in its miah Nelson, Benjamin Orr, Thomas Rice, Na. sparse and small, but increasing settlements, thaniel Ruggles, Zabdiel Šampeon, Nathaniel mainly in its southeastern quarter, and

Silsbee, John Wilson--15.

RHODE ISLAND.- James B. Mason-1. pro-slavery court-perhaps any court

CONNECTICUT.-Sylvester Gilbert, Ebenezer would undoubtedly have pronounced Sla- Huntington, Jonathan 0. Moseley, Timothy Pitvery legal anywhere on its vast expanse, kin, Samuel B. Sherwood, Nathaniel Terry, Thofrom the Mississippi to the crests of the mas S. Williams—7. Rocky Mountains, if not beyond them, and Orsåmus C. Merrill, Charles Rich, Mark Rich

VERMONT.-Samuel C. Crafts, William Hunter, from the Red River of Louisiana to the Lake ards—5. of the Woods.

NEW-YORK.-Oliver C. Comstock, John P. The XV th Congress assembled at Wash-Cushman, John R. Drake,

Benjamin Ellicott Joington, on Monday, Dec. 1st, 1817. Henry Hubbard, William Irving, Dorrance Kirtland, Clay was chosen Speaker of the House. Mr. Thomas Lawyer, John Palmer, John Savage , John Scott appeared on the 8th, as delegate Philip J. Schuyler, John C. Spencer, Treadwell from Missouri Territory, and was admitted Scudder, James Tallmadge, John W. Taylor, Cato a seat as such. On the 16th of March fol- dover, Rensselaer Westerlo, James W. Wilkin,

leb Tompkins, Geo. Townsend, Peter H. Wenlowing, he presented petitions of sundry in- Isaac Williams—23. habitants of Missouri, in addition to similar New-JERSEY.-Ephraim Bateman, Benjamin petitions already presented by him, praying for Bennett, Charles Kinsey, John Linn, Henry the admission of Missouri into the Union

Southard-5. a State, which were, on motion, referred to a Boden, Isaac Darlington, Joseph Heister, Joseph

PENNSYLVANIA. William Anderson, Andrew Select Committee, consisting of

Hopkinson, Jacob Hostetter, William Maclay,

William P. Maclay, David Marchand, Robert Messrs. Scott of Mo. Poindexter of Miss. Ro-Moore, Samuel Moore, John Murray, Alexander bertson of Ky. Hendricks of Ind. Livermore Ogle, Thomas Patterson, Levi Pawling, Thomas of N. H. Mills of Mass. Baldwin of Pa,

J. Rogers, John Sergeant, James M. Wallace,

John Whiteside, William Wilson-20. April 3rd, Mr. Scott, from this Commit

OH10.-Levi Barber, Philemon Beecher, John tee, reported a bill to authorize the People W. Campbell

, Samuel Herrick, Peter Hitchcock of Missouri Territory to form a Constitution -5.

INDIANA.-William Hendricks_1. and State Government, and for the admission of such State into the Union on an equal footing with the original States ; which bill

Total Yeas 87-only one (the last named) was read the first and second time, and sent from a Slave State. to the Committee of the Whole, where it NAYS--Against the hestriction : slept for the remainder of the session.

MASSACHUSETTS.-John Holmes, Jonathan That Congress convened at Washington / Mason, Henry Shaw-3

mas

as

DELAWARE.-Willard Hall-1.

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