extend above the forty-fifth degree. Of the territory taining his views of "non-interve under the forty-third and forty-second degrees, that the westward, through which the Assenisipi or Rock River Congress." runs, shall be called Assenisipia; and that to the The Ordinance, thus depleted, after eastward, in which are the fountains of the Muskingum, ing some further amendments, was f the two Miamies of the Ohio, the Wabash, the Illinois, proved April 23d-all the delegates, b called Metropotamia. Of the territory which lies under from South Carolina, voting in the aff the Miami of the Lake, and the Sandusky rivers, shall be In 1787, the last Continental Cong ting in New-York simultaneously Convention at Philadelphia which fra Federal Constitution, took up the subje government of the Western Territory, which the river Illinois runs, shall be called Illinoia; that next adjoining to the eastward, Saratoga; and that between this last and Pennsylvania, and extending from the Ohio to Lake Erie, shall be called Washington. Of the territory which lies under the thirty-ninth and thirty-eighth degrees, to which shall be added so much of the point of land within the fork of the Ohio and Mis- Committee thereon, of which Nathan sissippi as lies under the thirty-seventh degree; that to Massachusetts, was Chairman. That Co the westward, within and adjacent to which are the confluences of the rivers Wabash, Shawanee, Tanisee, Ohio, Illinois, Mississippi, and Missouri, shall be called Polypotamia; and that to the eastward, further up the Ohio, otherwise called the Pelisipi, shall be called Pelisipia. That all the preceding articles shall be formed into a charter of compact, shall be duly executed by reported (July 11th), "An Ordinance government of the Territories of the States, Northwest of the Ohio"-the lar contemplated by Mr. Jefferson's bill no been ceded by the Southern States dominion over it. This bill embodied the President of the United States, in Congress assem- the provisions originally drafted and bled, under his hand and the seal of the United States, by Mr. Jefferson, but with some modif as fundamental and concludes with six unalterable ar be promulgated, and shall stand conditions between the thirteen original States and those newly described, unalterable but by the joint consent of the United States, in Congress assembled, and of the particular State within which such alteration is proposed to be made. April 19, this reported plan came up for consideration in Congress. Mr. Spaight of N. C. moved that the 5th proposition (prohibiting Slavery after the year 1800) be stricken out of the plan of ordinance, and Mr. Read of S. C. seconded the motion. The question was put in this form: "Shall the words moved to be stricken out stand?" and on this question the Ayes and Noes were taken, and resulted as follows: N. HAMPSHIRE..... Mr. Foster,.. perpetual compact, the last of them as "There shall be neither Slavery nor in servitude, in the said Territory, otherwise punishment of crimes, whereof the parties shal convicted." To this was added, prior to its pass= stipulation for the delivery of fugitiv labor or service, soon after embodied Federal Constitution; and in this sh: entire ordinance was adopted (July 13t unanimous vote, Georgia and the C concurring. UNDER THE CONSTITUTION. The old Articles of Confederation proved inadequate to the creation an tenance of a capable and efficient nati central authority, a Convention of De from the several States, was legally ass in Philadelphia, in 1787-George Wash President; and the result of its labors present Federal Constitution, though amendments mainly of the nature of restr on Federal power, were proposed by the State Conventions assembled to pass upc Constitution, and adopted. The followi all the provisions of that instrument, whi presumed to bear upon the subject of Sl= (Preamble): We, the people of the United St .....ay Divided order to form a more perfect Union, establish insure domestic tranquillity, provide for the defense, promote the general welfare, and secr blessings of liberty to ourselves and our poste ordain and establish this Constitution for the States of America. be vested in a Congress of the United States Art. I. § 1. All legislative powers herein grante shall consist of a Senate and House of Represen Representatives and direct taxes s apportioned among the several States which included within this Union, according to their res numbers, which shall be determined, by adding whole number of free persons, including those bo servitude for a term of years, and excluding India taxed, three-fifths of all other persons. § 9. The migration or importation of such per any of the States now existing shall think pro admit, shall not be prohibited by the Congress the year 1808; but a tax or duty may be impos exceeding ten dollars on each person. The privilege of the writ of habeas corpus sh be suspended, unless when, in cases of rebell invasion, the public safety may require it. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States: and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. § 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 legislature, or of the executive when the legislature cannot be convened, against domestic violence. CESSIONS OF SOUTHERN TERRITORY. The State of Kentucky was set off from the State of Virginia in 1790, by mutual agreement, and admitted into the Union by act of Congress, passed February 4th, 1791; to take effect June 1st, 1792. It was never a territory of the United States, nor under Federal jurisdiction, except as a State, and inherited Slavery from the "Old Dominion." The State of North Carolina, like several others, claimed, during and after the Revolution, that her territory extended westward to the Mississippi. On the 22d of December, 1799-one month after the ratification of the Federal Constitution - North Carolina passed an act, ceding, on certain conditions, all her territory west of her present limits to the United States. Among Art. VI. This Constitution, and the laws of the United States, which shall be made in pursuance thereof, the conditions exacted by her, and agreed to and all the treaties made, or which shall be made, under the authority of the United States, shall be the supreme by Congress (Act approved April 2nd, 1790) is law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The above are all and perhaps more than all-the clauses of the Constitution, that have been quoted on one side or the other as bearing upon the subject of Slavery. It will be noted that the word "slave " or "slavery" does not appear therein. Mr. Madison, who was a leading and observant member of the Convention, and who took notes of its daily proceedings, affirms that this silence was designed-the Convention being unwilling that the Constitution of the United States should recognize property in human beings. In passages where slaves are presumed to be contemplated, they are uniformly designated as "persons," never as property. Contemporary his tory proves that it was the belief of at least a large portion of the delegates that Slavery could not long survive the final stoppage of the slave-trade, which was expected to (and did) occur in 1808. And, were Slavery this day banished forever from the country, there might, indeed, be some superfluous stipulations in the Federal compact or charter; but there are none which need be repealed, or essentially modified. the following: Provided always, that no regulations made, or to be made, by Congress shall tend to emancipate slaves. Were it not then conceded that Congress had the power to make regulations for the territories which would "tend to emancipate slaves," this proviso would be utterly meaningless. Georgia, in like manner, ceded (April 2nd, 1802) the territories lying west of her present limits, now forming the States of Alabama and Mississippi. Among the conditions exacted by her, and accepted by the United States, is the following: Fifthly. That the territory thus ceded shall become a State, and be admitted into the Union as soon as it shall contain sixty thousand free inhabitants, or, at an earlier period, if Congress shall think it expedient, on the same conditions and restrictions, with the same privileges, and in the same manner, as is provided in the ordinance of Congress of the 13th day of July, 1787, for the government of the Western territory of the United States; which ordinance shall, in all its parts, extend to the territory contained in the present act of cession, the article only excepted which forbids slavery. EARLY ATTEMPTS TO OVERRIDE THE ORDINANCE. When Ohio (1802-3) was made a State, the residue of the vast regions originally conveyed by the ordinance of '87 was continued under Federal pupilage, by the name of "Indiana Territory, ," whereof Wm. Henry Harrison (since President) was appointed Governor. It was was injurious in the long run, yet, as an expе A direct provision for the restoration of fugitive slaves to their masters was, at least once, voted down by the Convention. Finally, quite commonly argued that, though Slavery the clause respecting persons "held to service or labor," was proposed by Mr. Butler, of South dient while clearing away the heavy forests, Carolina, and adopted with little or no opposi- opening settlements in the wilderness, and sur tion. The following, among the amendments to the Constitution, proposed by the ratifying conventions of one or more States, and adopted, are supposed by some to bear on the questions now agitated relative to Slavery : Art. I. Congress shall make no law respecting an establishment of religion, or prohibiting 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 grievances. Art. II. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Art. V. No persons shall be. deprived of life, liberty, property, without due process of law; mounting the inevitable hardships and privations of border life, it might be tolerated, and even regarded with favor. Accordingly, the new Territory of Indiana made repeated efforts to procure a relaxation in her favor of the restrictive clause of the Ordinance of '87, one of them through the instrumentality of a Convention assembled in 1802-3, and presided over by the Territorial Governor; so he, with the great body of his fellow-delegates, memorialized Congress, among other things, to suspend temporarily the operation of the sixth article of the Ordinance aforesaid. This memorial was referred in the House to a select committee of shall private property be taken for public use without three, two of them from Slave States, with the since celebrated John Randolph as chairman. just compensation. This report and resolve were comm made a special order on the Monday but were never taken into considerati At the next session, a fresh letter fi William Henry Harrison, inclosing re the Legislative Council and House of tatives in favor of suspending, for a li riod, the sixth article of compact afore received (Jan. 21st, 1807) and referred The rapid population of the State of Ohio sufficiently evinces, in the opinion of your Committee, that the labor of slaves is not necessary to promote the growth and settlement of colonies in that region; that this labordemonstrably the dearest of any can only be employed in the cultivation of products more valuable than any known to that quarter of the United States; that the Committee deem it highly dangerous and inexpedient to impair a provision wisely calculated to promote the hap-lect Committee, whereof Mr. B. Parke, and prosperit the northwestern country, to give strength and security to that extensive frontier. In the salutary operation of this sagacious and benevolent restraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remuneration for a temporary privation of labor, and of emigra from said Territory, was made Chairm entire Committee (Mr. Nathaniel Mace C., being now Speaker,) consisted of MESSRS. ALSTON, of N. C. RHEA, of SANDFORD TRIGG, of Mr. Parke, from this Committee, ma 12th,) a third Report to the House in granting the prayer of the memorialist This report, with its predecessors, mitted, and made a special order, bu taken into consideration. The same letter of Gen. Harrison, and of the Indiana Legislature, were subn the Senate, Jan. 21st, 1807. They wer the table "for consideration," and do pear to have even been referred at that but at the next, or first session of the Congress, which convened Oct. 26th, 1 President (Nov. 7th) submitted Gen. Harrison and his Legislature-wł new or old one does not appear and it referred to a Select Committee, consis Messrs. J. Franklin, of N. C., Kitchel, o and Tiffin, of Ohio. lett Nov. 13th, Mr. Franklin, from said com reported as follows: The Legislative Council and House of Re tives, in their resolutions, express their sense of priety of introducing Slavery into their Territ solicit the Congress of the United States to sus a given number of years, the sixth article of in the ordinance for the government of the northwest of the Ohio, passed on the 13th day 1787. That article declares: "There shall b Slavery nor involuntary servitude within the s ritory." The citizens of Clark County, in their remon express their sense of the impropriety of the and solicit the Congress of the United States n on the subject, so as to permit the introduction into the Territory; at least, until their populat entitle them to form a Constitution and State ment. Your Committee, after duly considering the m spectfully submit the following resolution: Resolved, That it is not expedient at this tim pend the sixth article of compact for the govern the Territory of the United States northwest of t Ohio. And here ended, so far as we have be to discover, the effort, so long and ea persisted in, to procure a suspension of striction in the Ordinance of 1787, sc admit Slavery, for a limited term, into t ritory lying between the Ohio and Mis rivers, now forming the States of Ohio, I Illinois, Michigan, and Wisconsin. THE FIRST MISSOURI STRUGGLE. The vast and indefinite Territory kn Louisiana, was ceded by France to the States in the year 1803, for the sum of $1 000, of which $3,750,000 was devoted payment of American claims on France. This to this amendment, which was sustained by the following vote: [taken first on agreeing to so much of it as precedes and includes the word "convicted."] Yeas-For the Restriction: New-Hampshire......... 4 New-York. territory had just before been ceded by Spain to 23 15 New Jersey. 5 1 Pennsylvania..... 20 7 Ohio.... 5 Connecticut...... Total Yeas 87-only one (Delaware) from a Slave State. Nays-Against the Restriction: New-York....... Illinois. Maryland. The State of Louisiana, embodying the south- Massachusetts........ Louisiana to the Lake of the Woods. The XVth Congress assembled at Washington, on Monday, Dec. 1st, 1817. Henry Clay was chosen Speaker of the House. Mr. John Scott appeared on the 8th, as delegate from Missouri Territory, and was admitted to a seat as such. On the 16th of March following, he presented petitions of sundry inhabitants of Missouri, in addition to similar petitions already presented by him, praying for the admission of Missouri into the Union as a State, which were, on motion, referred to a Select Committee, consisting of Messrs. Scott, of Mo.; Poindexter, of Miss.; Robertson, of Ky.; Hendricks, of Ind.; Livermore, of N. H.; Mills, of Mass.; Baldwin, of Pa. April 3d, Mr. Scott, from this Committee, reported a bill to authorize the people of Missouri Territory to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States; which bill was read the first and second time, and sent to the Committee of the Whole, where it slept for the remainder of the session. That Congress convened at Washington for its second session, on the 16th of November, 1818. Feb. 13th, the House went into Committee of the Whole-Gen. Smith, of Md., in the Chairand took up the Missouri bill aforesaid, which was considered through that sitting, as also that of the 15th, when several amendments were adopted, the most important of which was the following, moved in Committee by Gen. James Tallmadge, of Duchess county, New-York, (lately deceased): And provided also, That the further introduction of On coming out of Committee, the Yeas and Total Nays, 76-10 from Free States, 66 from Slave States.' The House now proceeded to vote on the residue of the reported amendment (from the word "convicted" above), which was likewise sustained. -Yeas, 82; Nays, 78. So the whole amendment-as moved by Gen. Tallmadge in Committee of the Whole, and there carried-was sustained when reported to the House. Mr. Storrs, of New York (opposed to the Restriction), now moved the striking out of so much of the bill as provides that the new State shall be admitted into the Union "on an equal footing with the original States "-which, he contended, was nullified by the votes just taken. The House negatived the motion. Messrs. Desha, of Ky., Cobb, of Ga., and Rhea, of Tenn., declared against the bill as amended. Messrs. Scott, of Mo., and Anderson, of Ky., preferred the bill as amended, to none. The House ordered the bill, as amended, to a third reading; Yeas, 98; Nays, 56. The bill thus passed the House next day, and was sent to the Senate. The following sketch of the debate on this question (Feb. 15th) is condensed from that in the Appendix to Niles's Register, vol. xvi. HOUSE OF REPRESENTATIVES, FEB. 15, 1819. Mr. Tallmadge, of New York, having moved the following amendment on the Saturday preceding "And provided that the introduction of Slavery, or involuntary servitude, be prohibited, except for the punishment of crimes, whereof the party has been duly convicted; and that all children born within the said State, after the admission thereof into the Union, shall be declared free at the age of 25 years," Mr. Fuller, of Massachusetts, argued that, to effect a concert of interests, it was proper to make concessions. The States where Slavery existed not only claimed the right to continue it, but it was manifest that a general emancipation of slaves could not be asked of them. Their existence would have been in jeopardy; both masters and slaves must have been involved in the most fatal conse-quences. To guard against such intolerable evils, it is provided in the Constitution, "that the migration or importation of such persons, as any of the existing States think proper to admit, shall not be prohibited till 1808.-Art. 1, sec. 9. And it is provided elsewhere, that persons held to service by the laws of any State, shall be given up by other States, to which they may have escaped, etc.-Art. 4, sec. 2. Congress will not contribute to discountenanc der abortive the generous and philanthropic this most worthy and laudable society. Mr. Tallmadge, of New York, followe Sir, said he, it has been my desire and my int avoid any debate on the present painful and u subject. When I had the honor to submit to th the amendment now under consideration, I acc it with a declaration that it was intended to c operation to the newly acquired Territory a Mississippi; and I then expressly declared tha in no manner intermeddle with the slave-holdin nor attempt manumission in any one of the origin in the Union. Sir, I even went further, and st I was aware of the delicacy of the subject-an had learned from Southern gentlemen the d and the dangers of having free blacks inter with slaves; and, on that account, and with a the safety of the white population of the a States, I would not even advocate the prohib Slavery in the Alabama Territory; because, sur as it was by slave-holding States, and with only in lines of division, the intercourse between sla free blacks could not be prevented, and a ser might be the result. While we deprecate and over the evil of Slavery, humanity and good m quire us to wish its abolition, under circumstan sistent with the safety of the white populatio lingly, therefore, will I submit to an evil which not safely remedy. I admitted all that had been the danger of having free blacks visible to slav therefore, did not hesitate to pledge myself that neither advise nor attempt coercive manumission sir, all these reasons cease when we cross the b the Mississippi, into a Territory separated by a boundary-a newly acquired Territory, never plated in the formation of our government, not in within the Compromise or mutual pledge in the a of our Constitution-a new Territory acquired common fund, and which ought justly to be sul our common legislation. Sir, when I submitted the amendment now und sideration, accompanied with these explanation with these avowals of my intentions and of my r I did expect that gentlemen who might differ me in opinion would appreciate the liberality views, and would meet me with moderation, as fair subject for general legislation. I did exp least, that the frank declaration of my views wou tect me from harsh expressions, and from the unfr imputations which have been cast out on this oc But, sir, such has been the character and the viole this debate, and expressions of so much intempe and of an aspect so threatening have been use continued silence on my part would ill become m had submitted to this House the original propositic Sir, has it already come to this: that in the Congr the United States-that, in the Legislative counc Republican America, the subject of Slavery has b a subject of so much feeling-of such delicacy-o danger, that it cannot safely be discussed? Are bers who venture to express their sentiments o subject, to be accused of talking to the galleries intention to excite a servile war; and of meritin fate of Arbuthnot and Ambrister? Are we to be t the dissolution of the Union, of civil war and of se blood? And yet, with such awful threatenings befo do gentlemen, in the same breath, insist upon the en agement of this evil; upon the extension of this mons scourge of the human race? An evil so fraught such dire calamities to us as individuals, and t nation, and threatening, in its progress, to overwhel civil and religious institutions of the country, wit liberties of the nation, ought at once to be met, and controlled. If its power, its influence, and its imper dangers, have already arrived at such a point, tha not safe to discuss it on this floor, and it cannot pass under consideration as a proper subject for ge legislation, what will be the result when it is sp through your widely-extended domain? Its pr threatening aspect, and the violence of its supporter far from inducing me to yield to its progress, promp to resist its march. Now is the time. It must no met, and the extension of the evil must now be preven or the occasion is irrecoverably lost, and the evil never be controlled. Sir, extend your view across the Mississippi, over newly-acquired Territory-a Territory so far surpas in extent, the limits of your present country, country which gave birth to your nation-which achie your Revolution-consolidated your Union-formed Constitution, and has subsequently acquired so m |