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V.

THE CONVENTION AND THE CONSTITUTION.

THE experiment of a Confedera- | was fairly tried by our fathers. Its tion, as contra-distinguished from a more intimate and positive Union,

"It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact between the original States and the people and States in the said Territory, and forever remain unalterable, unless by common consent, to wit:

ARTICLE 1. No person demeaning himself in a peaceable, orderly manner, shall ever be molested on account of his mode of worship, or religious sentiments, in the Territory.

No

"ART. 2. The inhabitants of the said Territory shall always be entitled to the benefits of the right of habeas corpus, and to the trial by jury; of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unusual punishment shall be inflicted. man shall be deprived of his liberty, or property, but by the judgment of his peers, or the law of the land; and, should the public exigencies make it necessary for the common preservation to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force, in the said Territory, that shall, in any manner whatever, interfere with, or af fect, private contracts or engagements, bond fide, and without fraud, previously formed.

only beneficent result was the demonstration thereby afforded of its

settlers in the said Territory shall be subject to pay a part of the Federal debts, apportioned on them by Congress, according to the same common rule and measure by which apportionments shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district, or districts, or new States, as in the original States, within the time agreed upon by the United States, in Congress assembled. The Legislatures of those districts, or States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No taxes shall be imposed on the lands and property of the United States; and in no case shall nonresident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and Saint Lawrence, and the conveying-places between the same, shall be common highways, and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States, and those of any other State that may be admitted into the Confederacy, without any tax, impost, or duty, therefor.

"ART. 5. There shall be formed in the said Territory no less than three, nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall be fixed and established as follows, to wit: The western State in the said Territory shall be bounded by the Mis

"ART. 3. General morality and knowledge being necessary to good government and the happi-sissippi, the Ohio, and Wabash rivers; a direct ness of mankind, schools and the means of education shall be forever encouraged. The utmost good faith shall always be observed toward the Indians; their lands and property shall never be taken from them, without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, authorized by Congress; and laws, founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.

ART. 4. The said Territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made, and to all acts and ordinances of the United States, in Congress assembled, conformable thereto. The inhabitants and

line drawn from the Wabash and Post Vincent's
due north to the territorial line between the
United States and Canada; and by the said ter-
ritorial line to the Lake of the Woods and Mis-
sissippi. The middle State shall be bounded by
the said direct line, the Wabash, from Post Vin-
cent's to the Ohio; by the Ohio; by a direct
line, drawn due north, from the mouth of the
Great Miami to the said territorial line; and by
the said national line. The eastern State shall be
bounded by the last mentioned direct line, the Ohio,
Pennsylvania, and the said territorial line.
vided, however, and it is further understood and
declared, that the boundaries of these three States
shall be subject so far to be altered, that, if Con-
gress shall hereafter find it expedient, they shall
have authority to form one or two States in that
part of the said Territory which lies north of an
east and west line drawn through the southerly
bend or extremity of Lake Michigan. And

Pro

Our

vital and incurable defects. country attained under it neither dignity, consideration, security, nor even solvency. The central or national authority, left dependent on the concurrent action of the several States for the very means of existence, was exhibited often in the attitude of a genteel beggar, rather than of a sovereign. Congress attempted to impose a very moderate tariff for the payment of interest on the general or foreign debt, contracted in support of the Revolutionary armies, but was baffled by the Legislature of Rhode Island-then a State of relatively extensive foreign commercewhich interposed its paralyzing veto. Political impotence, commercial em

whenever any of the said States shall have 60,000 free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government; provided the constitution and government so to be formed shall be republican, and in conformity to the principles contained in these articles. And so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than 60,000.

"ART. 6. There shall be neither Slavery nor involuntary servitude in the said Territory, otherwise than in punishment of crimes, whereof the party shall have been duly convicted; provided always, that any person escaping 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 conveyed to the person claiming his or her labor, or service, as aforesaid."

On passing the above Ordinance, the Yeas and Nays being required by Mr. Yates, they were taken, with the following result:

MASSACHUSETTS.... Mr. Holton.......
Mr. Dane.....

..ay, Ay.

.ay,

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barrassment, and general distress, finally overbore or temporarily silenced sectional jealousies and State pride, to such an extent that a Convention of delegates from a quorum of the States, called together rather to amend than to supersede the Articles of Confederation, was legally assembled at Philadelphia in 1787, George Washington, Benjamin Franklin, Alexander Hamilton, James Madison, Edmund Randolph, and Charles C. Pinckney, being among its most eminent members. John Adams and Thomas Jefferson were absent as Embassadors in Europe. Samuel Adams, George Clinton, and Patrick Henry stood aloof, watching the movement with jealous appre

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1 "It may perhaps be thought superfluous to offer arguments to prove the utility of the Union -a point, no doubt deeply engraven on the hearts of the great body of the people in every State, and one which, it may be imagined, has no adversaries. * * But the fact is that we already hear it whispered in the private circles of those who oppose the new Constitution, that the thirteen States are of too great extent for any general system, and that we must of necessity resort to separate confederacies of distinct portions of the whole. This doctrine will, in all probability, be gradually propagated, till it has votaries enough to countenance its open avowal. For nothing can be more evident to those who are able to take an enlarged view of the subject, than the alternative of an adoption of the Constitution or a dismemberment of the Union."-The Federalist, N. Y. edition of 1802, vol. i., p. 5.

"The melancholy story of the Federation showed the stern necessity of a compulsory power in the General Government to execute the duties confided to it; and the history of the present government itself has, on more than one occasion, manifested that the power of the Union is barely adequate to compel the execution of its laws, when resisted even by a single State."Oliver Wolcott, vol. ii., p. 323.

SLAVERY IN THE CONVENTION.

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hension. Franklin, then over eighty-colored, if not recast, in accordance one years of age, declined the chair on account of his increasing infirmities; and, on his motion, George Washington was unanimously elected President.

The Convention sat with closed doors; and no circumstantial nor adequate report of its deliberations was made. The only accounts of them which have reached us are those of delegates who took notes at the time, or taxed their recollection in after years, when the matter had attained an importance not anticipated at the time of its occurrence; and these reminiscences are not free from the suspicion of having been

In the debate of Wednesday, August 8, on the adoption of the report of the Committee,

"Mr. RUFUS KING [then of Massachusetts, afterward an eminent Senator from New York] wished to know what influence the vote just passed was meant to have on the succeeding part of the report concerning the admission of slaves into the rule of representation. He could not reconcile his mind to the Article (Art. VII., Sect. 3), if it was to prevent objections to the latter part The admission of slaves was a most grating circumstance to his mind, because he had hoped that this concession would have produced a readiness, which had not been manifested, to strengthen the General Government, and to make a full confidence in it. The report under consideration had, by the tenor of it, put an end to all his hopes. In two great points, the hands of the Legislature were absolutely tied. The importation of slaves could not be prohibited.

Exports could not be taxed. Is this reasonable? What are the great objects of the general system? First, defense against foreign invasion; second, against internal sedition. Shall all the States, then, be bound to defend each, and shall each be at liberty to introduce a weakness which will render defense more difficult? Shall one part of the United States be bound to defend another part, and that other part be at liberty, not only to increase its own danger, but to withhold a compensation for the burden? If slaves are to be imported, shall not the exports produced by their labor supply a revenue, the better to enable the General Government to defend their masters? *** He never could agree to let them be imported without limitation, and then be represented in the National Legislature. Indeed, he could so little persuade himself of the rectitude of such a practice, that he was not sure that he could assent to it under any circumstances.

with the ambitions and ultimate political relations of the recorders. The general outline, however, of the deliberations and decisions of the Convention are sufficiently exhibited in the Constitution, and in what we know of the various propositions rejected in the course of its formation. The purpose of this work will require only a rapid summary of what was done, and what left undone, in relation to Human Slavery.

A majority of the framers of the Constitution, like nearly all their compatriots of our Revolutionary era, were adverse to Slavery.' Their judgments condemned, and their con

"Mr. SHERMAN [Roger, of Connecticut] regarded the Slave-Trade as iniquitous; but, the point of representation having been settled after much difficulty and deliberation, he did not think himself bound to make opposition; especially as the present article, as amended, did not preclude any arrangement whatever on that point in another place reported.

"Mr. MADISON objected to one for every forty thousand inhabitants as a perpetual rule. The future increase of population, if the Union should be permanent, will render the number of repre

sentatives excessive.

"Mr. SHERMAN and Mr. MADISON moved to insert the words 'not exceeding' before the words 'one for every forty thousand inhabitants,' which was agreed to nem. con.

"Mr. GOUVERNEUR MORRIS moved to insert 'free' before the word 'inhabitants.' Much, he said, would depend on this point. He never could concur in upholding Domestic Slavery. It was a nefarious institution. It was the curse of heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich and noble cultivation marks the prosperity and happiness of the people, with the misery and poverty which overspreads the barren wastes of Virginia, Maryland, and the other States having slaves. Travel through the whole continent, and you behold the prospect continually varying with the appearance and disappearance of Slavery. *** Upon what principle is it that the slaves shall be computed in the representation? Are they men? Then make them citizens, and let them vote. Are they property? Why, then, is no other property included? The houses in this city [Philadelphia] are worth more than all the wretched slaves that cover the rice-swamps of South Carolina. The admission of slaves into the representation, when fairly explained, comes to this: that the inhabit

sciences reprobated it. They would evidently have preferred to pass over the subject in silence, and frame a Constitution wherein the existence of human bondage was not impliedly or constructively recognized. Hence it may be noted, that those provisions favoring or upholding Slavery, which

ant of Georgia or South Carolina, who goes to the coast of Africa, and, in defiance of the most sacred laws of humanity, tears away his fellowcreatures from their dearest connections, and dooms them to the most cruel bondage, shall have more votes in a government instituted for the protection of the rights of mankind than the citizen of Pennsylvania or New Jersey, who views with a laudable horror so nefarious a practice. He would add, that Domestic Slavery is the most prominent feature in the aristocratic countenance of the proposed Constitution. *** Let it not be said that Direct Taxation is to be proportioned to Representation. It is idle to suppose that the General Government can stretch its hand directly into the pockets of the people, scattered over so vast a country. They can only do it through the medium of exports, imports, and excises. For what, then, are all the sacrifices to be made? He would sooner submit himself to a tax, paying for all the negroes in the United States, than saddle posterity with such a Constitution.

"Mr. DAYTON [of New Jersey] seconded the motion. He did it, he said, that his sentiments on the subject might appear, whatever might be the fate of the amendment.

"Mr. SHERMAN did not regard the admission of negroes into the ratio of representation as liable to such insuperable objections," etc., etc.

"Mr. PINCKNEY [C. C., of South Carolina] considered the Fisheries and the Western Frontier as more burdensome to the United States than the slaves. He thought this could be demonstrated, if the occasion were a proper one."

On the question on the motion to insert "free" before "inhabitants," it was disagreed to; New Jersey alone voting in the affirmative. -Madison's Papers, vol. iii., p. 1261.

Tuesday, August 21st:

"Mr. LUTHER MARTIN [of Maryland] proposed to vary Article VII., Section 4, so as to allow a prohibition or tax on the importation of slaves. In the first place, as five slaves are to be counted as three freemen in the apportionment of representatives, such a clause would leave an encouragement to this traffic. In the second place, slaves weakened one part of the Union, which the other parts were bound to protect. The privilege of importing was therefore unreasonable. And in the third place, it was inconsistent with the principles of the Revolution, and dishonorable to the American character, to have such a feature in the Constitution.

"Mr. RUTLEDGE [of South Carolina] did not see how the importation of slaves could be encouraged by this section. He was not apprehen

deform our great charter, are not original and integral parts of the fabric, and, as such, contained in the original draft thereof; but are unsightly and abnormal additions, rather fastened upon than interwoven with the body of the structure. Could the majority have made such

sive of insurrections, and would readily exempt the other States from the obligation to protect the Southern against them. Religion and humanity had nothing to do with this question. Interest alone is the governing principle with nations," etc. "Mr. ELLSWORTH [of Connecticut] was for leaving the clause as it stands," etc.

"Mr. PINCKNEY.-South Carolina can never receive the plan if it prohibits the Slave-Trade. In every proposed extension of the powers of Congress, that State expressly and watchfully excepted that of meddling with the importation of negroes. If the States should be all left at liberty on this subject, South Carolina may, perhaps, by degrees, do of herself what is wished, as Virginia and Maryland have already done." "Adjourned."-Ibid., p. 1388.

Again: in the debate of the following daythe consideration of Article VII., Section 4, being resumed-Colonel MASON [George, grandfather of James M., late United States Senator, and late Confederate emissary to England] gave utterance to the following sentiments:

"This infernal traffic originated in the avarice of British merchants. The British government has constantly checked the attempts of Virginia to put a stop to it. The present question concerned not the importing of slaves alone, but the whole Union. The evil of having slaves was experienced during the late war. Had slaves been treated as they might have been by the enemy, they would have proved dangerous instruments in their hands. But their folly dealt by the slaves as it did by the Tories.*** Maryland and Virginia, ho said, had already prohibited the importation of slaves. North Carolina had done the same in substance. All this would be vain, if South Carolina and Georgia be at liberty to import. The Western people are already calling for slaves for their new lands; and will fill that country with slaves, if they can be got through South Carolina and Georgia. Slavery discourages the arts and manufactures. The poor despise labor when performed by slaves. They prevent the emigration of whites, who really enrich and strengthen a country. They produce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. They bring the judgment of heaven on a country. As nations can not be punished in the next world, they must be in this. By an inevitable chain of causes and effects, Providence punishes national sins by national calamities. ***He held it essential, in every point of view, that the General Government should have power to prevent the increase of Slavery."—Ibid., p.1390

THE SLAVE-TRADE IN THE CONVENTION.

a Constitution as they would have preferred, Slavery would have found no lodgment in it; but already the whip of Disunion was brandished, and the fatal necessity of Compromise made manifest. The Convention would have at once and forever prohibited, so far as our country and her people were concerned, the African Slave-Trade; but South Carolina and Georgia were present, by their delegates, to admonish, and, if admonition did not answer, to menace, that this must not be." "No SlaveTrade, no Union !" Such was the short and sharp alternative presented

3 In the debate of the same day, "General Pinckney declared it to be his firm conviction, that, if himself and all his colleagues were to sign the Constitution, and use their personal influence, it would be of no avail toward obtaining the consent of their constituents. South Carolina and Georgia can not do without slaves. ** He contended that the importation of slaves would be for the interest of the whole Union. The more slaves, the more products to employ the carrying trade; the more consumption also; and the more of this, the more revenue for the common treasury. He admitted it to be reasonable, that slaves should be dutied, like other imports, but should consider a rejection of the clause as an exclusion of South Carolina from the Union. "Mr. BALDWIN has similar conceptions in the case of Georgia.

"Mr. WILSON (of Pennsylvania) observed, that, if South Carolina and Georgia were thus disposed to get rid of the importation of slaves in a short time, as had been suggested, they would never refuse to unite, because the importation might be prohibited. As the section now stands, all articles imported are to be taxed. Slaves alone are exempt. This is, in fact, a bounty on that article.

"Mr. DICKINSON [of Delaware] expressed his sentiments as of a similar character. And Messrs. KING and LANGDON [of New Hampshire] were also in favor of giving the power to the General Government.

"General PINCKNEY thought himself bound to declare candidly, that he did not think South Carolina would stop her importations of skives in any short time; but only stop them occasionally, as she now does. He moved to commit the clause, that slaves might be made liable to an equal tax with other imports; which he thought right, and which would remove one difficulty that had been started.

"Mr. RUTLEDGE seconded the motion of General Pinckney.

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by the delegates from those States. North Carolina was passive; Virginia and her more northern sisters more than willing to prohibit at once the further importation of Slaves; in fact, several, if not all, of these States, including Virginia and Maryland, had already expressly forbidden it. But the ultimatum presented by the still slave-hungry States of the extreme South was imperative, and the necessity of submitting to it was quite too easily conceded. Roger Sherman, of Connecticut, was among the first to admit it. The conscience of the North was quieted by em

act.

subject to be committed, including the clause
relating to taxes on exports, and the navigation
These things may form a bargain among
the Northern and Southern States.
"Mr. BUTLER [of South Carolina] declared that
he would never agree to the power of taxing
exports.

Mr. SHERMAN said it was better to let the Southern States import slaves than to part with them, if they made that a sine quâ non."

On the question for committing the remaining part of Sections 4 and 5, of Article VII., the vote was 7 in the affirmative; 3 in the negative; Massachusetts absent.-Ibid., p. 1392.

4 An instance of this quieting influence, as exerted by The Federalist, a series of letters, urging upon the Northern people the adoption of the new Constitution, as framed and presented to their several legislatures for ratification by the Federal Convention, may be shown in the following:

"It were, doubtless, to be wished that the power of prohibiting the importation of slaves had not been postponed until the year 1808; or rather, that it had been suffered to have immediate operation. But it is not difficult to account either for this restriction on the General Government, or for the manner in which the whole clause is expressed. It ought to be considered as a great point gained in favor of humanity, that a period of twenty years may terminate forever, within these States, a traffic which has so long and so loudly upbraided the barbarism of modern policy; that within that period it will receive a considerable discouragement from the Federal Government, and may be totally abolished by the concurrence of the few States which continue the unnatural traffic, in the prohibitory example which is given by so large a majority of the Union. Happy would it be for the unfortunate Africans if an equal prospect

"Mr. GOUVERNEUR MORRIS wished the whole lay before them of being redeemed from the

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