Search America's historic newspapers pages from - or use the U.S. Newspaper Directory to find information about American newspapers published between 1690-present. Chronicling America is sponsored jointly by the National Endowment for the Humanities external link and the Library of Congress. Learn more
title: 'New-York daily tribune. (New-York [N.Y.]) 1842-1866, February 28, 1855, Page 6, Image 6',
meta: 'News about Chronicling America - RSS Feed',
Image provided by: Library of Congress, Washington, DC
All ways to connect
Inspector General |
External Link Disclaimer |
. ??o-,rtklrn with tbenn. N. . - r'.'f t**, I inaet
HeaaZsne. ???0? others, with su b sn etfilia'too.
f*Tf V.?* so knowledge of that nody of men
LtT. ?bat I? enVded te by tbe p-ibiiee'i nut ? ?*?
3JV Tbaa inforn?ei I n^ucrstand the K .o a N >th
?a/f to be ? eecrtt socie'y or order. eeoadsttag ?t t*
Z tbrre grades, colleague*! eod tontoetl. swoeo to
?j?ct itcividaa's of their o?? 0;d?r .? ?t levt
Creooi aaeioteinlrg ?b? oriorU-aleft h the Of
r etterfaina, to ell office, of trust end orofi:
bn the Cnifed Sta'en Th?*e principle* I uo
deratsnd to be, in general, tbe asm wh'ja,
before tbe*orgai.ii??ios of tbe Know Nothing*, pa?s*i
ander tbe name of Native Arntricar.isn. I, Sir, hive
no eenttction with that Order. I ens under no re
eponsii ili'y for its doings, and I have nit the levt
tya pathj With iU principles or sentiments I belong
lo<n* voluntary Association of men, which ha* to
do with rpin'ual affairs It ia the Christi ;n Church
?that branch of it, all imperfect though I think it
v which, according to mv n3'iins, most nea-ly re
tains in thtir pority, tbe instructions of the Gtsji-I.
Tbat'Asacciation is an open one, whinh pcrfoma all
its rites, and gives all its in?tmctioDa with pibtici?y,
end invitee every man, in tbe language of i'a Divine
Foonder to cone in and partake of the privileges
with which He isvested if. and of the bleatiogs
?hieb He promise*. I belong- to one temporal
eocie'y of men, and that ia tbe politi al party
which according to my notions, em-jiliea most
fairy erd mo*t tru'y, al'hongb, I confess, aa in
the othir case, vary inadequately, the priuciplei
ef tbe Do deration of Independence and ?f the
Constitution of tbe United Mat This Aaao-.iatioo
also, of which I have la*t spoken, is an open one.
Ali it* transactiors are conducted in the brovi day.
right, and it invites all citizens, and all m -o who be
coma luljscteof tbe power of this Government, of
whatever ehott or race or color th-?y may oe, to enter
into i*s ranks, to participate in its lab w*, and ft co?
ops rat* in maintaining good government and ?1
arancing tbe cause of Hu nan Nature, These two
Association*, the one spiritual Bad. the other tem?
poral, are the only voluntary Associations to which I
bow MsetBf or ever bat e belonged since I be-ama a
man: and, unbss 1 am hsrafl of reason, thev are
tbe only Association* of BbSI to which I shall ever
stiff.r myself to belorg. Secret *i-ieti<n, sir'
Before I would place my righ' hau l between the
banes of other men, in a leer t I. -d/?. Order, Claas,
or Council and berd'n:: my kofe bet are them, enter
into combina'ion with tbeaa for any oSJeot, naitoutl
or political, got d or bad, I would pray to God that
that band m d that knee mi; ht te paraly/.?d. and
that I might become an abj?et of the p t7 and even
of tbe mockery of my f*l)o e-rnen Sweir, Sir!?I,
a man, an American citizen, a Christian ? jsrear to
submit myself to the galdaaoe and dire ' ion of other
men, surrendering my own judgment to their jul,'
nitbts, and my own conscience to their keeping!
No, no, Kir. I know quite well the faMlSility of toy
own judgment, and my liability to fa.ll into error
and temp's'ion. Hut my life ha* beeospeut in break
kvg the bonds of tbe slavery of other meo. I tbire
fbre know too well tbe danger of confiding power
to irit*pi'i.si nit bauds to make myaedf a willing
slave. Proscribe a man, Kir, became be was not
born in tbe sane t own, or county, or K'ate, or coun?
try in which 1 waa born 1 Why, Sir, I do most ear?
nestly and most affectionately no vise all persoon hero
? after to be born that they bo born in the Cni'*l
Rtates, and if they can, without inconvenience, to
be born in tbe State of New-York, and that avoid a
greet deal of trouble for tbem?elves and for others.
jLaoshter | Moreover, I do most ?ff?.?(innately en?
join upon all inch per<>ora as are hereafter to be bora,
that Hey be liorii of fathers ami of mothers, of graal
fathers and of grandmrchers. of pure American hlool.
Still moie, Sir, I do affectionately enjoin upon all who
shall thus ba-. c tbe wUdom to come into existence on
this side of tbe Atlat.te, and of such pure and aa
tainted ancestry, to be either born in tho Protestant
faith, or to be converged as speedily as poroibtoto that
good and true Protestant Church, within whose pale I
myself am accustomed to worship. More than that. Sir.
Speaking from a full knowledge and conviction of
the serious inconvenience! which absolute und eternal
Slavery entai'a upon man and upon race* of men,
I do earnestly, strenuously and affectionately con
jore all people everywhere, who are hereafter to be
fcorn, to be born white. [Laughter ) Three, being
born in this free and happy otsxatry, and Icing born
white, Ibey will be born free. But, Mr. Proud-nt,
this is the length and this is the breadth of my on
nection win the new and mysterious order of patr ohs.
And, 'if there shall hereaiter come among us persons
who, became from ignorance they may net be able
topte fit by my advice and counsel, shall be born in
fori ign lands; or even if there shall be any who, in
despite cf my counsel, shall persist in being Koman
Catholics, or Jews, or Turks, or Chinese; or if ttiare
shall be others who, disregarding my p*r?uasion,
shall insiat upon coming into the world with black?
ened faces and twiated hair, all I can say in regard to
thi mis, that I have doLe my duty, andlahallnot
add a feather s weight to the disabilities whi< h they
will incur by their presumption and pi rver ???!.<-<.
JLaughter. | Sir, u.> honorable frier d from Connect
sut Mr. Gillette) has thought Ibis w is a go?id
occasion to invite us to c m-ider the question of
abclit-bii'g Slavery in AtJ Disltict ef 0 lattbit, and
has ttiriby incurred some censure. He certainly had
a warrant in the latitude wUoh tbedebaie hai alrea ly
setumed, although the tabjeol was not vtry getmain
to the qutstion before us. I have no heeita'ion to
dbclose my fanaticism In that direc'ion. Five years
sco I proposed, in the Congress of the Inited St tt*.*,
tbe emancipation of ail the slaves in the District of
Cilumbla, with the commtof its citizens, to be ex
preifed through tbe ciwt -tn-ry forms of a popular
election, and wiib full compensation, to be paid out
of the public Treasury, to the individual who should
suffer damage in their fifriunts by so gn at an act of
national humanity tind juetk-e. 1 am ready to go with
any honorable ftiend that length now. I shall be
ready to go the same lerj-ii to morrow?neat year?
always. This is enough, I trust, on that subject.
I and others here, Sir, are denounced as Abo
>litioi i?ts, in a broader seise, and therefore aa
traitors. I have no hesitation in confessing the whole
truth on that point. I believe that I do not know a
bun an being who maintains or suppon? (hut the
Co vi rnn.i nt of the Tnited Sta'es has lawful au'hority
or right to abolish Slavery io the Slate* of thi* I ni m.
Certainly, in my 9*m opinion, that Oovarnmnnt hat
at? sni-h power or right But, Kir. I am a man none
the less In cause 1 am a citizea and a Senator of the
Vailed Statte. And, although I have no pawer to
excrcbe in a shareholding State, I very freelv say
that, if I were a member of auch a community, I
should rtoommend to, and urge upon my fellow citi
atns there?with patience which could endure un'il
the ntcetsarv reform could safely bo obtained?some
measure el emancipation, immediate or prospective,
wi'b compensation for damages, through the action
of the State legislature upon the aactrtained consent
of the people- Ladd, luriber, to meet tbe require?
ments of those who suppose that a proposition of grad?
ual emancipation to the alavt holding Stttcs is either
timely now, or soon will l?e so, that while I retain a
Kce in tbe National Councils, any slave-holding
?te wiibng te adopt the humane jailicy which has
bt i ii already adopted by my o rn Slate and by other
Btates, abail have my vote for any aid, either in
laxda or money, from the Federal Government, which
the condition of tbe public Treasury and of the Na?
tional domain will allow, in furtherance of an oljecl
in which not only the slave holding States are inter?
ested, but which coiictm* the whole Pallet, and even
human nature itself. Mr President, I have made my
way at last, through tbe intricate msree of this dis?
cussion, to the actual qutatiou before the Sonate.
Tbe bill before us is in these word-1
"If a salt be cooimroced or pending in any State Court,
against *lj officer ul the United States eteShBf person, f?rvr
aa arrouLI .?! ant a. I done nndt r any law of the I'oited Stttee,
or under color th.rea.f. or fur or on aerouat of ane ri<ht, aa
tl oute claim, or title, aet up bj each officer or other pen >n
?silei aaj law of tbe Ci lted Slates and the defendant aball.at
(be a ? st I aim of each State Couit after the BaSBBJS of thia act
at al tbe fttat term of ?ach 8 ale Conn ehereuth suit s*all be'
ncrnrie.e file a retitioa for iha remr<*al of Iba caaee f.r trial
kato tbe neat 1 irculi Coon to be ha d ia the diairiu where the
sail ia pens r > or. it these be n<> OaaatM Court m such a.iuict,
tbeo to tb* Un'il Coart. r ?. ?? ? -.- with theptwers c f s tir-o t
tyoart, neit 'oba bald in said district, and otter rood and sotti
cleat inreti for bis eittiiea In aveh tatest oa the first dty i
aessioa. copies of*Id iroceas asamst bim and alto for bn thers
statins and anurtna srecial b.il ia tbe caaM. if spaclal bail
wasoilaiisli) SS^aMlS tbeitio, It aha'l the n bs tba duty of tbe
Slata fci t to accnt Ue earely sod p'oceed no farther in rhe
eeaae, and ana ball that mat bate b-en tat?n aball be die
rkaifed and lb* said copiee baUif rnter> d aa afBMaM ia sa-b
C urt of ibe Tnited SiaUs. the ceuaa ana . Iber? ertcsed in tbe
aan* mafmr aali bad been broaabl rhera be ordinal rrocaas
aad any attacbrueol of the c ? . or a?ute of tb* de'eodsnt by
tb* 01 lama! iwoceaeah.il bold the foots or e-t,t? so sita-h-d 10
asawer lb* hcaJ ju<*|n ein in ibe seine manner aa by tbe law*
of each Su*e ibay would base be-n h-.lden to an,wer such
Onsl jndim< ni. bsd it b?rn rendered bt the t onn ia whi h tbe
aalt roirmenced; and tbe party remorlr| the ra^^ tbali not
be allowed te pit ad or give ee'desce of any other tafaaaa than
that araicf ander a law ot tbe Unicad s .-?. as aforesaid."
aA'bat is prtqiosed here is an innovation?a new
thing- a thing unknown in th? laws a' the country
ainee tbe States came Into a Federal Cuion. Tnat
new tbing it, that a person, civilly prosecuted in a
State Court, ard justifying under authority or color
of a law of tha Inited States, may oust tbe State of
its jurisdiction, and remove the cause into a Coart of
the United States. Tbe first question which arises is,
How Coes the thing stand now I How hat it hitherto
stood I What are tbe powers of the State CeealB, and
i V *J* U**'r ua,i?* I ?' hat are the rights of parties
to tl s State Courts I The Constitution of the Cnited
States binds together in Federal Cuioo thirty one
Mates, which-, while they remain equal and qualified
sovereigBttea. at the same time constitute, ia the eg
C6s&a!DOt**r 1?aliued sovereignty. In so mu:h at
the ahisr hasiness of government is to protect the rights
?fits citizens or solyecte, and as tbe performance of j
ttat daiy ?, under free Governments, assigned to
Osarts of Justice, and in ao much as the c.tisen is
smaaltowously thetuhiect of a state G^vremeni and
of lb* Federal Oo*triB?i'l, ttd S ate C.-nrte aid the
United Sute* Coorta exercise rnacurreaUv er rv
or d irately ibe power of 'tying -i?U a-'.tion* which we
brt uibt against per* n? acing a? offi-nra of tl.e Fed
?ral Government. Toe pnblic officer* of tb- United
Sur- * am, aa we all know numerous, and of maoy
classes?civil military and naval. They are eogag-sd
in * xecuting law* relating to the army, the nary, the
enstoma, tbe pnblic land*, tbe Post-Offim, tbe judi?
ciary and foreign relationa. Tbeee agent* may be
called upon to answer by any person who is aggrieved,
ri.ber in tb? proper Federal Court or in a Court of the
State wbere tbe grievance happened. A case which
will illustrate tbe m'ject now occurs to^me. TtTt or
ttree years ago I sucee*sfallv mainta nod, in the Sa
prime Court of the United eitves an ac'ion on tbe
case, wbiJi had been brought in a Justite s Coart of
tbe State of New York by a woman, against a post?
master who had refused to deliver to her a newspa?
per, on which the postage which could be right?
fully demanded was one cent. The Pottm??ter
i leaded before the Justici. and before tbeSiprcne
Coort of tie State, aid before theC ?urt of Appeals of
the State, that none but a Federil Court? juld aisnme
jurisdiction in tbe case. When his plea waa finally
overruled in tbe Court of Ivt reaort in the State, he
appealed from that eWktioa to the Supreme Court of
the United States. That Court affirmed the decisi >o
of the State Court, and thus defined the law to be,
that United States officers are ameaable to civil
actions in tbe State tribunals. The law now rem tin^
as it was then expounded, and so it has aI?ay*stiod
since the establishment of the Conatintim it/elf. It
is aite end beneficent, because it surrounds tbe citi?
zen with a double safeguard against extortion, op?
pression, and every form of injustice cimtnit'ed by
the authority or in the name of tbe great central Ex?
ecutive Power. The second -pitstion is, What is tbe
nature and extent of the change, wbi h you propr>*e bo
make by the bill which i* under consideration ' That
I question is answered in a word. Whenever the right*
cf a citizen are invadid iu any State within the Union,
by a person holding a com ni?*ion, whether ciril or mil ?
itary .from the Pn sid> nt of ibe U. 8., he shall henceforth
have only a single safeguard, ins'ead of that dou tie
panoply which has hitherto shielded him, and he must
cither "forego redrowef seek it in a tri'iunal of the
United States, in which ju-ti e is ad n nisfired by
J ne'e es appointed by ibe 1'reeident and tbe Senate,
and irremovatde. except on inqe-a hmnnt by the Mouse
I of Representative*; and, thereforo, reapottsible in trio
I? a*t (? esible d'gree to that wholesome piMie opinion
which is the guaronm of tub'ie liberty. Every p >st
msster and bis deputy, every marshal an J bis deputy,
every niail-cthtructor, every sta^'C-drivtr, every tide
waiter, evtry lieutenant, every eusign, ani even every
midshpman, will be independent ot State authority,
and wben prosecuted be'ore a Mngistrato or Court,
iti the immediate vicinage where his offense is CO n
milled, will defy the party aggrieved, ani reaori
the action commenced egaiaal him into a Federal
tiibunal, whose terms are rarely beli, and then in
remote and practically inaccessible places. One-half
of tbe powir residing in tbe State* is thus to be
wrested from them at a single bio*-, and they
will liencefotth i-tand shattered monuments of earlier
greatness. No such change as this was anticipated
by tbe framers of our Federal and State Constitu?
tions. They established the Federal Constitution
chiefly for the protect! >n of ibe whole country against
foreign dangers. They gave to it a stronger Exaea
tive than Ibey gave to tbe Stutes, respectively. They
established the State Constitutions chiefly for the pro?
tection and defense of personal rights. Theykne-v
that this Ctntiel G iverumont ?vould grow stronger
and stronger, and would ul'imately become an im?
perial power. It has resli/id that expectation, and
has be come even a Continental Power. Hitherto, tho
cit ztn bus enjoyed his druble safeguard. Why shall
eaa ball el ms panoply be no a-1 <rn awav from him !
What lawful and proper o'yt ct of the Federal Gov
e-irtncnt be* failed to be obtained by reason of the
exercise of jurisdiction by State authorities over
officers of tbe United State* ' None. Why, theo,
shell tbe ancient law and custom be changed '
Is there dsngir that the citizen will be too se?
cure under that double protection of the State
Courts and of tbe Federal Courts ' That was not the
doctiiie of the earlier da) *, and that is not sound
doctrine now. I demand, in the thir l place, a reason
for this innovation. In reply, you urge, first, a prece
dint. Precedents, in every country, are tho stair?
way of tyrant*. What is this precedent ? it is a law
whitb protects the public Treasury, by withdrtwing
from tbe Stall Couns certain actions against Collect?
ors of the revenue. Who knoas no*, without more
(xan.ination than jou allow time for us to make, on
what giound, or under what circumstances, or upon
what exigency, that single departure from the an.ient
sjatem was made ? I do not know that I should have
bt en in favor of that depariura. Nor can you show
that the it uovatic n Ihn* m-.de, and which'you now
plead as a precedent, was necessary. %Ve are al?
ways oka et in our judgments in retrospect than in
aiiticipatiop. I can now see, when the precedent
is pleaded to justify a further departure from the
sncitnt sytttiu, abundnnt reason* to regret thtt
the precedent was ever established. You till me, in
the next place, that there is danger of insubordination
? d?ngtr that the S'.ate Govtrmneuts will nullity the
laws Of the FeCeral Covern M ut This is alrays tho
ri hdy plea for Federal usurpations It is tbe stme
ground which the liiicsh Government assuntd
toward rtritisb subjects in the Aneri -au C dooiee,
wben it transported tbiin beyond seas, to be tried for
prtttndtd offlin e* I pro* leiui in your ears here,
and 1 pioclaim before my countrymen, that there is
no net et sit v, and no shadosr of necessity tor this
great and fearful chance. From every tnbnnal in
sny State of this Union which renders a final judg
a> nt that can affttt the lights ol any public officer of
the United States, there ia on appeil to the Supremo
CoOft of Ibe United States, reserved t > him by tbe
destitution and laws of the United States; and thiit
high tribunal can, merely by its mandate, annul that
judgment, and discharge the party from all it* c m
itqm Beel. This, and this alone, was the security
which your forefathers tstsblisbed to prevent the
evils end dangt is cf insubordination by the State
authorities. 1 proclaim, further, that when the
Constitution of tbe CnitaA States was submitted
Io tbe people in the setetal S'ates, to bo a'opted by
them, the < hitf olji etiea ahich was ur.'ed a.-tintt li?
the objection which was urged e iib the mo.-t seal, the
meat energy, and the most effect?was that the lib
filifs of tbe citizen wen11 be brought into jeopardy
by the extended powir of the Federal Judiciary.
So strenuously was ibis objection urged that the Con*
stituticn was not adopted until it was demonstrated,
by Hamilton, Jay and Madieon, in The FtmimaHtt.
that the State jurisdiction, which you are nowabout
to strike down, was It ft to the States, and could n*vr
be wreited from Item without an net of Congress,
which there was no reason to presume would ever be
passed. Sir, this ii an important transaction. I
warn jou th-rt it is a transaction too important to be
suddenly projected, and carried out with uausital
aid ULieetniy rapidity. It is a transaction that
, will be reviewed freeJy, boldly, and through long
jt6rs to come. You would have done well to have
ghtn us a we+k, or a day, or at least one hour, to
prepare oursclvts with arguments to dissuade you
frvui jour puiptse and to stay your hands. S iiTsr
n.e to say. with all deference, that you would have
dote well if )ou had allowed yourselves time to con
aider more deliberately tbe necessity for a measure so
btdd, and the consequences which mast follow it. 1
n jh*tt. Sir, that there is no necessity for this act. Iu
t very case which is intend id to be reached by it, the
mandate of the Supreme Coutt of the United Slates
at tnls the judgment of tbe S'ate Court, which has
! mistaken its own powers, or encroached upon the Fed?
eral authority and the State itself, with all its dignity
and ptide. falls humbled and abased at the foot of
ctntrul and impitial power. I hahitually c intern
plate every tiling conntcted with the development
of the retoutces, and with the ex'ension and ag
rrancizetnect and glory of this my c mntry, with
an enthusiasm which 1 am aure I do not alea'ya fiad
, burning in tbe hearts of all with whom it is my duty
to act in ber Council?. But, Sir. I shudder when I
tl ink that this dettlopment. this extension, this a^
granoizctrtut, and this accumulation of glory, are ? .>
mg on fitmly. stead 'y, ana crusbiu^ly, at the expense
of three noble, indepeuJtnt State*, that the nni-stk'
dome, wbde it sprvads Isaasf mtre widely and erex-aj
itet il bight r and higher, is pressing into* crumb.'iag
fragments the pillars which constitute its true ana
just support. Sir. we have had, on this occtsiou, as
j we aJwat s have on painful occasions of thi* kind, pa?
thetic aL'ufiot s to tl il infety of this Federal Uuioo.
Atd these allusions hate been addressed to me, al
tborgh I beve hitherto Iseen content t^ be a s.l?nt
lirtei'trto thiedtbate. What do you think mart be
the feelings of a man, him-tli a" Kepr*entative of
Ihne Billions, one-eighth of your whole people?a
Hepretentative ef one sixth cf all the free?
men in the Republic?a Kepresentative of evta
a larger proportion of the whole wealth
of tbe country-a Rep rest ntatite of your whole
Concentrated Commerce?wben he fijd* him
himeeJf surniunded by men who think that a oa
| mnnity so numerous and so intelligent, and enjoying
i such wealth end cherishing such interests, are eo far
babitnally blinded by passion aa to be disloyal to the
? Union on which all their safety depends' Sir, I al
[ most forget my customarv toleration when I see
around me men aho know how tbe i n tares ti and af
I fections td their own homes cluster and ent wine them?
selves with every fiber of their own hearts, and who
yttsetmto forget that those interests and affrotions
are tbe offspring of humanity itself, and, therefore,
common to all men. and suppose that it is treason
?gainst tbe ceuntiy to protest against tbe oppression
of any one of its msny and various masses and
races 1 warn you. Senators, that yoa are saving
this Union at a fearfal cost. This is a Kepaalicsn
Government ?Ibe first and only one that has
ever been widely and permanently su.-ceesfj]
Every bib In this country?eve*y man ta Lhrvt
ter.dom, who knows Mything of the philoeopiy
of Governtren', hnows that this K-pihle' has been
tins successful only by reason of the etebrli'r,
strength ant? greatnessof the individual State*. Yut
are s?vir.g the Union of tbo*e Statet by sapping an 1
utic< I mining the colnmnf on whirl it rests. You re?
ply to all this, that there i* a n? ?ly devel > ted BABee
an for this act of Federal ac:rrsad:ze-nent. There
i' no soch pear necessity whatever. Tbe Co'irte of
tbe several S ates have exerc sed their concan-eii" j j
rieOicion over officers and agents of the Cnited S'etea
foraperiod of lixty yetrs, in csaes which involved
life, liberty, property, comuierL-e, nv, ail wa*,
pubiect to snj** ! vision by tbe supreme trib tnal of the
I't ion; aid while individual rights nave been tna'n
tained, tbe public p?syie bas been everywhere pre?
fer ved. and tbe public safety has never received t
wcund. During all that time there has never
been an agent or apologist of tbe Feder tl
power to apprehensive for tbe public safe?
ty as to propose the measure a hi h is r.
before ns. There bas never been a tima when
such a yropoMtion would have been received with
favtr. There have, indeed, been ciscontente; but
tl ey Lave been local and transient. SsolidU ion
tents are itcidtnt to free society every where, and
they are inevitable here. It is through the working
of surb oifton'eL's that free communities, acting by
rorstitutioival meare, ar.d wi'hin cons'itational re
traicls, woik out tho reformation of errors, the cor?
rection of abuses, mid tbe advancement of aeeaatj.
Ail that has happened is a change tf the scene of
thtse oistontetits, reeultirg ?>? tn a change in the
get graphical direction wbirh the action of the Fed?
eral Don mmciit takes. Heretofore, tae murmurs
of distort-nt came from the South. Now. tha
breeze which bears them sets ia from tbe Nirth.
When Ibe wind blew from a Southern quarter, the
rights of the citizen were not tafe without tbe in
terposi'it'D of ibe State tribunals. Now, when it
comes from an opposite point of th? compass, a Sen?
ator fritn Ccrnnticut .Mr. Toucev | requires Con
naai to prohibit that tnterposiion, and to arm the
Ftdtral Covertment wi'b new and portentous
power. Mr. President, all this trouble armes out of
tbe Fugitive Slave Law. Tbe trtnsic'ion ia which
we are ergsged is be no means the first act of a ne v
drama. Tou began lit re, in I7ff3 to et'eni into the
Frte State?, bythe exercise of tha Fedeial [over, tho
wnr< f races?the war of lb- nia-ter <n.'nin<t th ? slue.
He Fugitive Ma*( Law, wLich wis then passed, be*
i an.e obscdete. Tin mg h ao greet hannaraiieata wat
rustaitcd, the pride of the ilavthjldirg p ,wer wta
woundtd. In 1099, yej p-seed a nev Fugi'.ive Slave
Law, and connected it with measures eawfgae Mo et
Ui.d tbe Tenitoiial jurisdiction of 'be ("nrcd St irei
ovirnew regions, without inhibiting Slavery. You
were told at that time, a? ditircl/aa you "are bod
to night, that your new law OOatd n>t be exe.-at-d,
and would become obso'ete for the rame re won* that
the old law had btcoine obso'ete: that tbe ft lure of
Ibe old law bad reau ted, not fr m its want of striu
get cy, but from i's too groat stiingen^y. Yon were
told ihen, ae distinctly ns you are r...a- told t*t it your
new law, with all i't terror a would fail, because, likethe
old Iaw, and more than the old law, it lacked tbe e'e
ments to command the consent and approval of th-t
consciences, the sympathies, and the judguicuts of a
Fnel'mple. The new law, however, was adored
iu defiatce of our protest that it was an act of Fed?
eral usurpation, that it virtually suspended tbe writ
of lialxat ro'pur, that it unconrtuuti inajl/ denied a
trial by jury, and that it virtually commanded ajudg
mtnt <d perpetual Slavery to be summarily render* 1,
upon >i saasn evidence whi< h the party ao a-ed was
not allowed to refute inAjie due and ordinary course
of Ibe common law. You adopted new and oppress?
ive, j i nalties, in answer to all IkeM laaaoewtraai ea
end, und? r thrtats and alarms for the safety of tho
I i it n. the Fugitive Slave Hill received the stuclioa
of the Cotgresstf tho I'nited States, and beetme a
law. '1 hat was tbe seooid act. When murinurs aid
loud con j laints BrOBO, and retnons tance* came in
lirm every side, you nsor'ed t> an old and
n tich abused exreoieur. You brouah? all the great
1'O'iti' al parties in the United Btetoo Late a ooeBtioa
and It ague to maintain thi- law, and every word and
letttr of it, unimpaired, and to perpetuate it forever.
All jour other laws, although they might be bene-fJ
i nt.ai.d productive of burr an rights and ol 'human
lihtity, could be changed, but this one unconsti?
tutional law, io e'erogatnry from the rights of hiiuitu
nature, whs so gltd out from among all the rest, and
was to he, like the Ifcws of the Modes and Persia BO, a
decree forever. Tbil waa the third ai t And where
areyiunow ! It is onlv 6ve years since tbe Fugitive
Slave Law was passed. You hav* poured out treteure
likewa*er*to secure its execution. The public po?
lice, the retinue wrvice, tbe army and tbe navy.
t<n\e beea at your commsnd, aud have aJl been vir?
tuously tmtdoved, to aid in enforcing it. And stilt
the Fugitive slave Law is not execu'el, and is be?
coming obsolete. You demand a further and a m ire
stringent law. Tbe Federal Government nM-t
be allied with new povers, subversive of
public liberty, to iLforce tbe obnoxious etat*
ute. Tie bill before us supplies those new
pewtrs. This is the fuuitb act. It is easy to be
xtn list it cam ot be the final tne. Sir, I look with
si now, but with no anjitty, upon lAOOO IblfS They
w ili kai e rbeir end before lote ia complete eaataasaS.
lure. I abide tbe time, and wait for the event. I
pi rfimi n.y t'uty, tbe only duty which re?ai'is for mu
BOW. in praaaatfaaj against tbe enactment of this lav,
ai d in expnsi-ing to you my convic'ion that you are
traveling al'ogetber in the wrong direc'ion. If you
Wishtoeeeare respect to the Federal authorities, to
cultivate baimony between the States, to secure aaa*
v. i-r.l j ?a. e, and to create Lew bonds of pert>etiitl
ui.ion, tbire is ox.lv one way In for.- yuu. Instead of
ai'dirg new penalties, empliyirig new agencies, and
iiitpiiit g Lew terrors, you must go back to tbe point
where your mistaken policy began, a-.d cju*onn your
Federal lawn to Ilaava Caaara, to tne Caaerrrv?
TION, bLd lOth*)SlOaTSOl Man.
LIGHT ON AS OBSCUftl QUESTION.
Whorramed the Ordinance of '87?
Tu r?? /'Jil?.r ?/ 7Xr K J . Tribute.
fcis. Its Untioaacs cf <T7, and itt hittory, are oalaraily
ercotb, iftrr tbr at'oc'oas wroc| of tbe Kslmj Ncbruks
law. ctoect* of renewed di<cu**L?.
I iah, therefore. tfaOS tn jour column, for a paper on thi*
lul.jecl, i n j a:.,: by nis, la no e. ctrorental ?l'lnt. aea-ly two
>ea.f lea- ?* partifa wuik npea whub I am en|a|.til on tbe
l ift and Corrttpotirutt of R. rt t Kl.au?aal of which (be als
i* in |i?ir| a *ine butory. from original Utter. In my paBBBsaBBi
aid from ths journals of Coaireas, of thi* Uiiinancs, toilndl.
eat* th* .bare in ita preparation thai beliini'd to my father,
? ithiut MShaS| to depreciate lie |loiica? labors of u?isrs m
tbe lice treat v/ork.
II e I baptrr wa. tent *oe*, after it* ceoipletion, tn one of
tbe HMdhnj monthlies, wiib a ?? that a* tbe topic of
81arerywaslbtauiuchaiitated.it nU,ht be pablisbeA Altar
beic| letaintd tereral moLtbs it wa* returned to me with the
excas* fot not |abli*biD| it, lhattb* extract cnccrnini Slav
Mry, (n.bcdied ia one . ? T .. c: j I'. Uttri. wniteo in
l'so, ?BSaksd too a uch of " Abolitiou" tu tealw it exp-iieot
for lie } ubii.bcr to tauer. the paper.
It i* p*rl.*p* not tht leail humiliating (riatenc* of tbe Cor.
raptisi ir.fi.etc? of 8 .very over potiic ?eatiment, that errn
?c this City, tbe tear of pecuniary :.*. fort id* tb* pabli*hln| of
a iafVawttwaA klsa*fasslsatay, coneernint a mat mtereatiai
public tisn*actioo. supiurtrA by original routempertneou Mr.
rcipoDtteace Md the Jcarnai* of < .? *_: *?*>..baj kB
ISBI ewaie that I taahs a serf aniu*a*l demand a;on vut.r
?; ? .i. c fur * .:..? ccuaiBaicatiua a* that *n
BSSSaij bnt it !s peibap* tlixely and ee.talLly is true? aad you.
I know aie not ?fr* d of Trath my wbera
I am truly yonr ftieud. CUti KING.
tUi?.tiu C r-.< itt il. \ <
Tie remarkable character, and more remarkable
Influence of this celebrated ordinance, will justify,
ettn in tbe birgraphy of an individual, a thorough
ana somewhat extended narrativ i af its origin, pro^
ttts and final adoption; ail the mere, too, when the
llc.\: 'ual, whose life we are cerrixvemoratirg. was
Largely eeaeeeaad In breatbii,; :u:) *his iharter of
fre? dem itt vital bieath.
Tie gmetal cbtratter of this ordinance must be
aaurxed to be familiar more or leas to all who are in
ar.v reaeoaablc degree versed in the history of their
country. Tt-t it may be well doubted whether any
considerable nuxi.ber.even of the pubLL' men of the day,
are aw are of the many claims to the gratita le of all
time which that ordinance in its numerous and dirers
but ail bem ticent prot iiioni presenti. The comanoa
Slid a!most exclusive merit assigned to that wise and
mctt provident organic law?portions of which have
tbe form and daration of a permanent con'ract?is
supposed to rest in that clause which, by pr hibiting
slavery within the wide region embraced iu ita pro?
vision, stamped It as free for ever?so far as b tman
legislation can work such a result. Great, very great,
unspeakable, indeed, in importance, it this provision;
bnt there are others for the first time set forth iu this
ordinance and recognized as daties of government to?
ward iu citizeni, which are fit to stand side by side
Ith the charter of freed, m. Oar purpeae, therefore,
if to rater into a somewhat t. In ate detail ?f tbe ? vi?
ce* enecm t nti of tbe ordinance, and ae nearly a*
possible to assign to individual* aad to8tatea tbe due
tbaie ofeacb in framing and completing the perfect
One of tbe grcat< it topice of controvert y aad disv
greetnent bet we?n the State?, both du-ing tbe H-v ?la
tionary War, and ??b- qui r,t to the peace, wm the
unequal distribution of toe immense territo'^ nomi?
nal) y included within come the Stan *. but which,
by the peace of '13, falling to the United State* a*
tbe gentral spo'l won from the common enemy by the
common blood and tiea*ure of all the State*, might
virtually be regarded a* belonging to tbe people of ail
Hut not su h wu !be interpretation of those State?
wiibin wbe?e real and imaginary limit*, or ander
wboee juris*; iction or tutelage these territoiiea vast,
wild, and o( conjectural i xteot were supposed to lie.
Maiiacbusett*, Connec'n ut, New-York, Virginia,
tbe Carolina*?each laid claim to immense domains,
sometimes to tbe same domains?whdo tbe States
whose limits were ao defit ed by Royal Charter, as to
male impossible su h ilaimon their part, insisted
that all mart be a e mmon stock. For a long time
after partial adaption, tbe articles of confederation
were rendered inoperative by the refusal of several
States to come in, unleis I h is land que-s-ion was either
r? served for future setlh men! or eettled on the p-iu
ctple of joint ownership by all tie Sta'es. Referring
to a dittmct chapter for an elucidation of the ditb-al?
lies occasion* d by these coatiictiog views and claims,
and their final and harmonious settlement, allusion is
here n adeto the subject simply as intr 'ductory to a
narrative of the circumstances ander wbich the Oral
nance cf 'H was prepared and finally adopted.
f in the C3d A ;ril, ITM a plan for tbe temporary gov?
ernment of tbe Western Tt rritory was adopted by the
unanimous vote of all the S'ati s present i New-llanp
sbiie, Massachusetts, Rhode Island, C inrecticu',
New-York, Ner-Jeisoy, Pennsylvania, Maryland,
V'poiiiia and North Caroliaa. South Car dina?by
her two eelegatts, Mea*r*s. Read and Bere-ford,?
voted ao. It is in a form of resolutions and in these
Jfrtc'red Thsi so rrnch of th? rertittrj red d or ti he c?d'd
ky il stair u- I Stst.e to tba I'nuet Sisr-? ?s ia already rnrcbea-d
or ?ball b* i ulch-sed uf lbs I Lilian lnheM'su'a st. I ott red tar
sale I j Ci rgiria. ?ball he fieiaed into dtstloet Stat.e io the
fo:!ow,D( BjSttrr. ss crerlj as each cession Will admit; ihat is
tu s*y bt parallels of latitude so that each Siats ?hall comp e
bir.c.lim icr-bto south two d-sreee of latitude, beginnm*
111 (ULI In a. ibe rouiplt tiou of lidesn eenotth of tha aajUt or,
aid I j rxeridi' u? ol b i s i udc one uf which sbs'l pass ih-cu.b th.
lowest pciot ot the Kepie uf Ohio and the other thronst th
vtstcta csje of it-uiou h of Ite (Ir.at Kes.htwa?; but the
teroto'y eat ward cf ibis last ? ? i o between 'he Oh-o,
Lake Elia end Pri.neylvanis si.sll ba one S'ate. wheOoever
met I? i a cou.niehrn.ioo of latitude. Tba' efeiSB may he ba
tei.e t,.e rouip ettoo of the is h d?ari e herwe?n rhe tain ne
ildispe thsb make part of ->e State aojoitin* it on tha south,
and 'hat p.it of tbe Ohio which ia between the ?ei.t wartet aa.
coincid'tv* t.early with the i-s rebel of 3!? shall be tabtiitutei
to far in lieu 11 ttat parallel ae a boundary line.
Tilt tl,e settires on any t. rriiury so pun-hated ted 'tT. red
for eeie shall ri'ber on'heir own petition or on the irdtt of
CocjiriSs receive euibnnty fton tnem. with appointnieaits uf
time an* p ate, for tfceir f. ee males of full s?e within the hoi
its of thtir Siat*. to meet sSfBCtM r for tb? parf Ml < tntahlwh
Ina a t-o.pirary QoteraLuent lo adooc toe (J institution and
lawt ot scy 01 e of tbe oiisinsl Si*te?i so tbst men laws,
Devetthelest. ihsll be tubj-ct to alteration by their ortntry
I Lashletsisi am to Staat,aastest to Utealt ration.aaaetta*.
tu? I slips i r Liter du aiuns. lot tba elecuou uf uiembartof
T*ai wl.en any ench State shall have acquir-d 20,1*0 free It
fcab'tan'a. oa aiam* dee proof th.r-of ro t untrese rhey shall
lacetae frees tin in autlontf. wsth a i ? ?-.?>.,. ? ? <f tiaaeaad
piece to call a Convention of rl-pseieutaoret to-stsbliat a
p. rn as . nt Csa**kaSt*B and '?, renmn t for r b-msele-s S*ra>
rt'trd thai both the ismi, oiety and jiermar ent O jesrnoient be
??,--.'? f..' r>n rbtse BsaaataSaS ae ifaeir hasw
tint: Thai thev ifiall fer.v.r rtmain a part cf this Confed
site) ol Iba Uni'ed States of A'"erica
S*otkd: That they stall be tnhjret to the articles of Coated
erati, n >n all Ibose cases in wr.icb tbe oriamal lta*aa shall ba
soubject srd to sll tte arts sod ornintoces of the Uuited
Suns in Coosiess tssembird, coafuroiabia tbsra'o.
TAird. Tliat trn lbs.1 in aoease lLtcilera with th? primary
diso?.si ol tha soil by the I'.liedState*, in eoosrees ... . .1
ncrwiihtke rffrthaacas and rrtulationa wMaaCeetvasa may
?ad nxrassiy for teturtn^ the title ia such soil to buna 6de
I '.n baser*
r'i'ir'A; Tast they iksll bs saaj set te pay a pa-t of the fede?
ral tit bt crnlractid or to be contacted to be app irtiooed on
tLrm by Ctnsress arroidtna to the tame romnm ru e and
tiifimr. by wbicb apportion ??? i ? thereof shall be rnsde oa the
oll er Stairs.
f !'?* 1 bat aa tti si a be ixpoaad un Itnds, tbe property tl
tha Dl iie?l ftatea
Si.U Thtt thess rnpe. ti\, (J vcn-miute shall ba Repuk?
.??tenis Th it the ar Hs of non teailent proprietors shall In ao
case I e text d lusher than tho*e of res dents erisbil an t new
Slste belr.ir- tbe aita,is.i.,n tber. o lo s Tuts by its delesales io
Ccnirria That whraevrr act of the ta'd Stetes shall base, of
free litahitabte. tt manv as shsil then be In any on* the I-eat
nnraerona uf the ihtrteea asagtael Stare*, anah ttateshall bei
adn Ittrd b| its dels.si-1. into tbe Ceasiaaa atf ibe IT a* tad
Stairs ( n an eiiual fojtlai wnh tbe oiiicoal Hutes, provided
tha CatSCBtal atataaj Stales in Consr..a Is rlrsl obiai'.cd as
msy tl tbst tin.- be.-to to ?n- h admisaion And to
asSl r la ai'ai t tbr tsid ar irle. ?f Coafrderali >u to the Slate of
C< i tiers, when its mrwh-is sba'l ba has lal '-st-d, tt thail be
pti.ptas d to Ibe L-asla ures of Ibe Ht.tet ir<ii'i,|ly p-rtos
II ttr lo. 10 it quire the as-ear of two thirds ol '.he L'uited S'a'es,
in Corfri sa assembled in sll rsaet wh-r-io b < tbe aa'd IttSStaS.
tbr ass.nl of nice Matte ia now required ? w ash, beioa sirred
to by Ibsm, stall be bindina on the new St .t-s I'-.'ii such
adn 1-sion by Ibe r d.|e*atea lo C a |iaSS, any of th-i a.id il i a*,
aflet ibe .a'sb bliment of their temp >rery aovernment sbstl
hive autboiiiy to kt-p a member in Conareas, with a ri.tu jf
dtlatmi bat tot of vonos,
11 at BaaaaaaS cot inconsistent with the principle* of tba
Confidrie'ien, and seceaatry to tbe preeervs'ioo ot peaie aod
feed orSs r tmona tba tetlert In trwf tbe new Sta'ea until
Obey shall aas um e a t-mrurary OevasaaM nl. aa afor.said. -nay
Iron, Ome to time be taaen by the Dmtad Suiea in Ooasraes
TLai tbe nterrdtna article! shall be rorm.d Into a charter of
compeer ? sbali te duly siecul* d by tb- Preside m of tha United
hts'ea In Conftsa assembled asdtr bi. hand and iha seal of
Ibe I i ? I itaaSSI tball b? promul(at-d, anS aball stand aa
foi dan ettal Cont'l'aibiBi between Iba tbirtean nriaioai
Stst.s, std itch nl Iba aeveral Slates BaW newly described,
analletable from and tOet tbe aala ot any part of tbe territory
of sacb State purtntnt to tbia reeolee. bar by the in cona-nt
el ibe I'liltd niatee in Ouostete as.-- and uf Iba particu?
lar .Vet- wilh'.n wtiib such a.trra.e n is propuaed to be mtde.
Tte original craft of this plan of Government was
made by a Committee, consisting of Mr. Jefferson, of
Va , Mr. Chase, of Md , and Mr. Howei, of R. I.
That draft contained this remarkable paragraph, num
beied 3, In tbe articles thai were to be in the nature
of a compact, " That after the year !->o of the Cbris
" than Kra, there ahall be neither Slavery, nor invol
I " untary aervituo'e, in any of the aaid States, other
" wile than In punishment of Crimea whereof the
" party eh all have been convicted to have been per
"sonsily gnilty. ' Oa the r.'th April, Congress hav?
ing tbe report of the Commiitee outer consideration,
it was moved by Mr. Stieight, of North Carolina, and
aeconded by Mr. Read, of Sonth Carolina, to strike
out this paragraph. Under ihe Comedo-ration, a mv
jority of the thirteen States?>ectn?was r-puieite to
tbe success of any motion, and the mode of putting
tie quettion was in this wise: "Shall the words
" moved to be stricken out stand 1"
Tbe Yeas and Nats on Mr. Speight s motion beting
lernst dtd by Mr. Howell, one of tbe Committee, they
resulted as follows New-fJampshire, Massachutotts,
Connecticut, Rhode Island, New-York, and Pennsyl?
vania?Yea. Maryland, Virginia, and South Carolina
?Nat. Ntw-Jersey bad bat one R-preeentntive
present, Mr. Dick, and be voted Yea, bat the Articles
of Confederation required the presence of at least two
delegate s from a State to entitle it to a vote. So Ne e>
Jersey, from the non attendai ce of her other dele?
gates, lost tbe opportunity of recording her voice in
favor of prospective Freedom. North Carolins was
Oiaided?Mr. Williamson 'well known afterward, and
I one rally remembi red In the City of New-Yoik, as
Pr Hi gh Wdlramsi L| rotio.- Yea Mr Slight, his
ct lleatae, voting Aey. It is to be recorded, also, to
tbe credit of Mr. Jefferson, the trainer ? f the para?
graph that be voted Y>a; bat was overborne by bis
tolle-stue* present Mr. Hardy and Mr Mercer and
tbas Ybgihia was in the negative.
He rttuJt (resenting but eta affirmative votes, the
acre's did rot stand, but were stricken out. It is im
rose.Me not to be e'ruck with tbe*e two facts in this
important proceeding?firtt, that if the question had
been stated, as in all iegisla'ive bodies suth questions
ate aeai stated, "ahall the words objevtod to be
s'litken out' the motion must have fa.'--' as only
f?rer Stab s were in favor of it?and ttronJIj, that
alikcDgh the effort to retain the paragraph was un
euccesjful, tie vote by States was two to one '< to 3;
in its favor?with one State divided and one without
voice?and more significant yet. that counted per
capita, the votes for retaining the clause were 15,
oeaint' it T?or mere than two to one.
Tbe plan tbns emasculated, and afier ">eing other?
wise altered, was, as has been already stated, adopt?
ed by Congress on tbe 23d April, lltC The original're?
port, iu the handwriting, apparently, of Mr. i> tf- r
eon. is now in the arrlivta cf tbe State Department,
?I well a* ibe printed copy >f the repor: as il was fi?
nally adrpted. A care fas' comparison of these show*
certain alteration* In the draft by Mr. Je/erioo of
I which ike chief < -,j?,?f first, in striking out. m s at. d
J ?bo*?. 'he clsuse -^y?.^,, tji.very, thai wAL-h
forbade any one boldlx, ,? bereeiUry ti'le?? become a
ci'ix.n.and that ?iviflK snMtl) tbefmure S'ate?; Mai
j Hxoidly. in adding to u, ftta.Jwn?.ial article* of
compeer, that tbe new State?.bould in n0 CMe inter
I re w lib tbe primary driposal o?h(lii,v r0ited
State?, Iba-, to tax should be inips.^j on Jaurla, the
j property of tbe Pasted StoU*, ,?d t^, ,h<, Uuj, ?f
n? n-re*ident* sbculo never be tun) ka^ka* than the
laxds of les'din's With these exceptions the Man
ado itt d by Congress was substantially the ..... .
I aad for tie most part in tbe words of tha 0De
sul mitted by Mr tt flVrsop. Four era days after he*
t et Mr. J?tTeis?'n, on May 7, 17*?, waa ap
poiottd Minist?r to France and vacated his seat in
Corg-?sa. To that teat be Lever returned, n>r in?
deed tn tie 1'bitt-d Statt?, until after the adoption of the
new Constitution in 17*0. This, therefore, seen-* the
wbolcolllr Jtfftrs<na ctnnection w th the Ordi
nani?i for the government of the Weetern l\r
! ritory. and is the sole baals upon which the credit ia
i I..;it <d for biui ol being tbe ?utbor of the Ordiuan o
i of 'IT, whieh was orig'nated, discussed, mafurvd,
adopted and promulgated wbile be was in France,
ard without, so far aa appears, any consnltation on
any side with bim.
Tie plan of Government adopted in Apt il -4 re?
named ibe'a* of the land until superceded and re?
pealed by tbe ordinance of e7j in the interim, ho r
ev?r. much attiMion and care were bestoived by
Corgresson plsns for the regulation, surveying and
dopis-pgof the va?t territories ceded by New-York,
Virg'i ia, ard other Slates to the I'nited Stale*. A'l
there bad more or less bearing on the final ordinan*?
of >?. for the government of this territory, and give
! it some of its n o't valuable aid characteristic lev
I area Mr King took an eary. ac'ive and very iutlu
tntial part in nil these discussions, as m ire fully ap?
pears in tte cb?.pt?r devoted to tne special topic ef
tbepiiL'tt lanJ. of t>" Vtmmi fffadii tl is, hosecer,
?sset tinl to the na'rative no ? in hand to ?t*to that on
the 4th of Manb, 'IS, an ordinance for a-certniniiig
t the mode of locating and di<p >*iog of lands in the
Western Teni'o y was read a tir-t time- in Connives.
On the latk of the same month a moti n was made by
Mr Kirg ?en-onded by Mr Kllery, of Khode Island,
that the following pieposksaB be committed: " Trtat
'? there shall be ncithtr Slavery nor involuntary ser?
vitude in ar.y of the S atee described by the resolve
"of Congress of tld April, .17-1. otherwise than iu
"pm isbment of crime, whereof the par'y - ni. have
"been personally gndty, and that this regulation sh ill
"he so artic e ot compact aid ronain a tuudaineutal
"principle of tho Const.tattles between the thirteen
" original Slates, sr.d oaah l f tbe States described iu
" the said resolve of -'d April, .' - i.
The notion to coomit prevailed ?Xowllamp
rbire, Masriacbu-i t's, Khodo Island, Connecticut,
Hew-Teaki Xew-iersey, ivuusy ? v.>uia, .m?> .,
voting Aft: Virginia, North Carolina, South
< arolins, Georgia voting So. Georgia, howovor,
bad only one re pre cntativo prtisnt, and hor
vote was, theiefore, losr, and Ilelawaro was
unrepresented whilly. Kaery member fnon tbe
States in lie affirmative voted aye, ex vpt Mr. Me
Henry, of Maryland, whose rote was overborne by
those of bis two cidlesgzie. Mr. J. llonry and Mr.
Uindman, and every member from the State? io tho
negative voted nay, except Mr. Gray son, ?f Vir?
ginia, whose vote was ovtrbono by that of his two
colleagues, Mr Hardy and Mr Leo.
< If tbe motion tbtis committed, tre Journal* of Con?
gress, mot impenecily kept, give no subsequent a<
count, t eitter does si.y cotcmporary authority whit b
1 have been able to consult.
(in ihe same day, however, itho Uth March i the
ordinance rtal the tirst time on the 4th March ?ame
up on ita second readiig, sxd aftor deba'o was re?
ferred to a grand Committee of one fron each State.
Ttis Coroiiititc?comp? std of Mr. Lotg, II..) Mr.
Kirg, iMass. ) Mr. Howell, (It, I .) Mr. Johnson,
I i M1..I Mr. K. t. Livit.geton, (H I*.,) Mr. S-ewort,
(N. J ,) Mr. Gsruiner, 'Penne.,i Mr. J. Henry, Md .)
Mr. Grayson, iVa ,) Mr. Williamson, (at C..) Mr.
Bell, (4V. C) Mr II.iu-ton, [Qtt ,) rc|H>rtoil, on tho
Hill April, in Ibe shape of another ordinance^ whi 4i
was Utn read a first Ihne. The consideration of it
was returned on the -'' th. and ir continued to bo a ? ttb
jict of debute aid amendment from that dty until the
: th ot May, aben it waa finally adopted. Mr. K.
took a vtry active part in all these) debates, as the
Journals show, but the ordinance being "one for a*eer
" taining the mode of disposing of tbe public lands in
"tbe western territory," snd n?tfor theirgwswiasses <,
Mr. K. would seem to havo been restrained by its
t baracter and objects from pressing tbo introduction
into it of bis Anti-Slavery clause committed on the
The next effort, in tbe crder of tim*, to establish a
goMu.ni? nt for tbe Territories, ia tbu* notioed in the
Journal of Friday, illiih .Septe.nbcr, l'Sdi "Congress
" proceeded in the consideration ef an ordinance for
" the government of tbe Western Territory repored by
"Mr Jobn*on, Mr Piukney, Mr. Smith, Mr. llano
" and Mr. Hetry." No previous leference to the ap?
pointment of this Committee, appears in the Journal.
Tbe House debated the report tha'day.and a^ain on tbe
4th October, after which nothing farther concerning it
is recorded in the Journals; and the Congress expired
by its proper limitation on Saturday, 4tb November.
On MoLdsy, tte fitb November, the new Congress
net, bat without fornirg a quorum, and none was
foiaed till Wednesday, i v h January, 87. Mr. Gor
bam, Mr. Kirg. Mr Dane, were in attendance from
Massatbusetia. The House fu I. ?! Io elect a President
on that cay. aid no quorum was obtained again until
Friday, th] February, wben Gen St. Clair waathoeen
I Piesidett By so annual resolution tbe uniniabe-d
business of tbe old ('??. ?r. ?? was continued in tbo
new Conferees, and accordingly in tbe journal of
Wednrecsy, 9ib May, 17-7, we find this entry: "Con
" grass prcceeced in tbo second reading sf tho ordi?
nance for t?e government of the Western Territ try. '
It was debated that day, Mr. Kmg and Mr. Dane
being both present snd voting, and was ordered to
be transcribed and to be read a third time next day.
It was, however, postponed on that day, and no more
is beard of it. Fiom Friday, the 11th May to Friday,
tie ' 'h July, no quotum could be bad, and of course
j no busintia was dono in Congress. Agam, from
Friday, ? th. to Wediesday, July 11, tbe House was
left without a quorum. On that day UthJuly we
find ibis entry in tbe journal, the Committee eoewest
irg cf Mr. Carrington, Mr Dane, Mr. K H f.ee,
Mr Ktan. aid Mr. Smith, to whom was referred (ho
n pr rt cf a Committee touching the temporary govern
n t nt of the Wettern Territories, reported an ordinance
he tl?goa-enin-en'oftheterritory of the Cni'ed States
j ncr b-wtat of the Bivcr Ohio, which waa read a tirat
time, and ordered (or a secoLd reading next day.
There i? no previous notice in tbe journal of tbetrefer
ette of ibis subject to a Commi'tee. but it seems
reati ruble to aa ome that tbe report thus referred
was that wbii b had been nnder debate oa 'Jth May,
and tbe ordinance accon.pat.ying which was then or?
dert d to be rrstiscr'be: for a third reading next day;
1 bowiver that be, tbe ordinance read a ti'et time on
. tbe 11th, was read a second t.n e on tbe 1 ."a. and on
I the 13tn waa adopted b . th< unnimous vote of all tbe
S'atee prceni, i j\t u r.ni. h--, viz.: Massachusetts,
N'ew Vork, New-J.j*e-. Delaware, Taegjaaa, North
j Carolina, Booth t aro ma. Georgia, and of every
' member save Mr Yat-s of N. Y , anl so far as ap
p?ars "rim tbe journal, without any debate, or at?
tempt to amend or change it, and this wat the fa noaa
I Ortitratict of -7, the erea? charter of freedom for the
j great NoFth Western Territory, now composing with
l sdoi'ions aince obtained from the Indians, - x free
This ordinsnce for the government of the territory
I of the I'nited S stes ccr'h-weet of tbe River Oh;o,
cft* r prescribing with mix.oteness tbe mode of obtain?
ing snd transmitting land, of appointing magistrates,
establishing laws, dec, Ate., fata forth tho following
articles of compact, with this recital:
All let ??t*f?L>? llr 'uivif,. . ,r ? ),.Mt| , 4 ?
re if>ae liberty whak teem bke wmm ?>?twi thtt* mmm\tLm}
ibetr Itwe it A reset n ?> -or ? ?>? ereetea ta r>? aad ..UMbel
ir w ptucia'ee ?* ike a ,.f?. i ?? ? eoearvtatwia*. eedgj?.
e ii?i<i ?mco foeeeer kereeifr an all aa Setated la Ittankaw
yi la ; " ? lee aleo fa* tbe *>?/?' t e.. - of Ste'ee aad aer>
n>?? ? i i' ?< r-n ?? ta therein, art) f? their edakeloa tt aaakaa
? tka <?? ar ?a aa eeaal foettee with tha eaaaC
Bte**e ti it te j period* aa way aa o aaavtaat wri tfc^TJJ:
It it be*. ? v ? I meat f ?' dec' ?*?; ?. re. eaftWrtr* ajeeeasat
Ife.t tre fotrewtai *?t'e>s tka'! ba e< nstdered a* art<ala/af
ri at| a<t h. tw,,a the orlftcal * fee aid tba peele aad taaaZ
la ?* J teer tore, and tar*rer retuaia aaalicrekle, aa?aa
by ctn a o* ( ti ?tat. I?. wli: 1
iltKi r. 1 Nj pence drmcanlcah'mBelf in a raaraaaaaaal
0 daily mal te' .hall teer be mel-e'ed ao erretteter kit aada
of waiab'P or lel'tl. a* ?e all ?ein la tka aaM r errater*
AST II 1 be Ubebitaota ol lb* Mal Ttnuarf afcaL a vave
be aar it ed to ib* b.c. tt of tka wilt ?/ hebeea cerpae. aajaf
lie trial b) Jo.J-of a pr* pir'l tne'e rear*** stalle e ate
mt i le in ibe I 'i a'arar*. aad of Jedicl.I areee.d'net r mm*.
1 , te ibe ,, ura. of ibe .ooinxe la*; all patentee sbe WkjaJV.
able ablese b r capOe! rtfet ere. wker? tbe prvetf wa.. ba aa .
bead at ibe pieeooifeioa steel AHIeeeehell be a seteeaSe,
?'*n. rn-t' Lor nnoaa*. Punishment at all ba larliecaakBj
?-*t' laai! le deyriv.d of h a liberty or ireperte tax re
jurta>aai 4 bra t-e.ra .? ibe lew of ih* lead; aad taaatl See
ptibne mate it a.creeatv Ivr rh* cootaea r~i ?? l
Ivo a to Uta at y ertaon't wora-ie or t.< d-maed kit ptiaeakt
tertwee fti\ (, asp* a**!* , e*t I be mad- for tb? aaaaa Aad
l* the jeec prea?iTa'i< a of ttth'e and property it ia eadeaatei
ar d bim d tha? 0o \tw nathr ever to ba mat* or have tajaa
in that 1.tnto?y, t?,t ,t,t i ,c ,?, u.taner m reifen ?eh tt
at!, i I pita e nm'-ecteur roataeeasfaie. kai jade, aad eeaaat
fitne j.r. v. irl> t. tn el ,
ABT. Ill HJl<w a mnr-lrty. and krowledfe kein* Beaaaeae
to tool I eetrm.nr ard rk. feapra eta ol naaklad. a kj*%?ad
tte neun tt 'tutting tball lottert be nf.iinu.l t*a> J
mutt trcd 'aitb tba 1 fotattl le ober.ved tewed tka leaaW
their latd* ltd propetty tkall c-ter ba taken fr. aToViai
aritbcat thtir r.*i-nl. ted latktlr 5ropett> ntbn aae rfkart
tb* a Man tkall be iaaaded ki? d??t ar baa. ae beta Ui jatbaal
l.a'ul ?ar auiboru.d b| l'onaree?, bur lava fvaad.4 lalaaaw
and ten ?im .ban fruti ilu e to lime ba aaade fur aeataaaaa)
?>roi ? Itlt.f Jooe tltn .aad for prreareiraj teaja aadtaaaZ
Aar. IV The taid TanHoee, ai'h 'be S'area ?bvh ?at ba
forn rd I he rain. >ba 1 lotetet teuiaui a fat I of Uiie Caafatkaaaa
of ibe t'l.it.d S'al.e .<l A'uer.a .ubj-cl ta tba ertttlaa q(
roef.deraiit>B aad tei k altetatloaa iberahi aa at.v Ne eaaaa>
nel j a'*'* ard <? a I ih- ar't .nit oM4aaa?>a ad rSe W?WM
a 'af '"
tat t* tod t. rri.r* tn 1 be .aid f? rrttarj akall ba aakjaat tat
il.ra'i. n ar d ?u< b altetatlort ih.rela aa atey ba i
lionel ? n ? -e trd r.. a I ih- a*t* tad i-r?laaat>a ad iSt
Viet, i in t or tr* tt-> mbl.d or.f.irmabi* tkarrio, Taa I
tar t* i od t. liiert tn 1 be taid !'? T ? m th ? I be tunjrcl te 0m a
pert af ibe Faeeral aakaa eaatraatad, ut ta b- t n t tat t
ptorotiunel pan of ibe eipenirt "f llorernmeat, iu rteaaaa>
l or.d aa tkeaaky LVngreea,aceertfl ? r i ib?- aacn- tovaavai
ru'end nratur- by ok'.-h a*) al m ?ata Iber* r taaUke
u *i'r on ti.> ataef staaaai aaa 'be 'aaae tor mi in* taear**.
r< rttaa akall I a kval a- d l*n?J t ? h autborlt) and iitajjaaa
at 'I e t ? latarti of tbe lM.tr. r. i i t'lttab- a. ar ate ttatea,
at .u.nl Start, arubla 'Ii' tin.a aareed apne kfaaa
I't'tfd ?it 11 ib Ci aattea tea mb!rd Th- L??ie,.l ir-^afaVtta
[>lti iletl 11 I ta Itatea ahall aeeet inte't'er* auk ibe aeaaan
d.ii.aa1 of lit aui< >i tbe I'oi en S.at. t u 'oofieat ???eattatd"
t,,r?: I in taeleivoaa t* out re? m? lul Mmotaia
tailef tka title In tack toil tu th ? '->?* fiit aarebatet. tu tta
ib. I Or io.,... il ? n aiifll 'be IH'^.U; or the I'uitad %IbB|
and in no . .ba'l oot r-.id-nr pr..prlerort ha lat d leaker
thta Ittld.kla Tie aatljialataa tra ir.dlea Into to- SE
ilpt1 aad II- St I awienc-, and th- rarr/lot; plac-t Ittaaaa
the'tari e. .ba'l b-. ?niralin mi$h -a.t and lo.er-r free at wall
lo tbe lebabrtar.rt ot ta'd r?rri'orr aa I < lb* rift ? f ike,
Untied eut.I nd Ihoaa "t anyu'Ser ?r?> n,? n.? a?ad
muled into ike lot Itdeitcy, ailsuat tuytu.datt alaaaaa
Aar V TbereabaU be tYvtred in t.i I Terrlr ry :v leathaa
ifl.ee cor nwre thtr.ilre at^'f., it. t ?h t ?t."-t ' he tajaaa.
a* ancn ta t Intila 'ball alter her tci >' aeatlaa aad ?talTJ
i * teat tball bee aaa iaea aad eitab'atbaii aa M tare, aajaa
1!r W i?t- in -tele Iu tb* laid Teriuvirt ih?i| be b nodal ta
tbe Miit i'TI i tl-Oi'l " a'd ti e ' that* Riten, ad.ractla?e
tfratt o fn m tha M ibath and Wit t t mceata da* eoe h 3 tbe
trt i.i t: .ii e tu?.in iba United Stair* and Ceaada
and tn tb* <?id Utirlbttlal l i e to th* Lala of tka*
Wiidt a d klie.ltei|>i<i The Mnt.lie titare ahall be ? iu|
ed bf lie ta d dil.ct line; tb- W.rtaah tnm Van I la
c-ntito tie flbio, by a direct line d>a?n da? aa-trt him
tb- ni i.Hi < I tl e ilr. at kliarni in th- .til tanlieritl line, aal
bt 'he laid It trin rial due th. Ea. i in stala ahall a* '., ,'a*eA
bt tba lail n et tirned direcr line tbe OM i fcsnti It ult, aad
tb-ra'd lanhortal Hoe: f'.tid.d hiwM.r, aa I il it laftaar
atdeialaod end declared, that the r>onnde.'i-e of thaaa aVaa
Stetet iball be auhjr. t a, far to he alt-red tbat il I oairaatakaa
h- !? ai'cr tu d i't xp d'.bt they eha'i ha'aaatBo'lty to f itajeae
ot lata Stem in Iba ran or th- i.ld T< nl'nrf trbi:h lie*ajBBa
of in etat aid am line d-aan throoth th* louth.r'f kadjaa
rstiaBM '' bole V:rhi*ee; ard ahen-ter aar of 'he teal
St.ii* tl.all Live tip toe ire* iababittuta thetaln. tucb abate
?lull 1* afaitttd by il* Uclrfal-a In'o t .a Canreat of Ae
I 11 r 1 Sia ct. i n in e^tial f ot i.* in all retpecta whttaaar,
with Ike eilfhial llateai atd tball be t* llb-rtt to f.i-inaaar
i! at i Lt Ci titti ui'i n at d Siat- i ?- n meat, peoeVJa I LB* fjaa
atnut.oL .i.l lint, inn .nt to t > be '. rmed tl all be R.< ,,ul> aaa,
ai d io (i bfofQ.ity to tb- piinciplee . nu' tilted io ih-ee Aruaha,
tt.d to fat at il eaa he i.tiatai I alth lb- e-ueral 'it-rea*7ar
Ibe ('? bferirrary Much ailml^'on ahall be a'lo red at ai ittkir
reilinl. ana v* b. h there niat ba a 1? tt mimher of frat
ante in a Hia'e tban Ml Mo
Aar VI 11. I' eh.ll be neither tlaaery nor ineelaotary ea.
t'ttide In It* laid Tettltoty, otberalae thaa ia ibe r'taebaatat
! if crime, ard ah-r.ol th- party ah. Il have been daty caoTlet.
ed; i ti tn:..! alaayt iba< any pe>t n rtcaplua into ibaalae
In to a hi n> lalo ol t-rv ca It lawfully cialrBril In aat oaa ef
lteotl*lLi) eiatea taid fnaitite may be lawfully re idiuedaad
cotei )td to the peraon claitbina h:t oi her ,abor or tert lot at
Hitlotdamrd by tkf authority uortiiiid That tba i-to idaat
> al*tta Apiil. I?l4, relative ta tha aabjacl el f mte,kt
. and ibe lima are b< tt ly irpt aud a-.il J, claied aull aad teilt
Mr. Kurf, al'LuuLth n Uiembef of tho Cdairrara
whit h parrtd thi* oruiDHrjco, tvaa not preeent at the
time, huvirg li tt hia (t at in I ??r.,"<*- on the lavat (lay
in May, win r. a quorum wa* had, 'the 11 th ) and pro
i fit td to tako hia place aa a member of the t'iuitaa
tion for fornnni; the Ol naii'uti- n of the I'oited jtiaat,
which waa to tun mble in 1'bilndtlphia on tho toUow
tag Mnndiiy, Uth May. Hut ihc . . ?* at.- on tbieoter>
nance wi ui 1 ?ot m to bavo taken place before ll aaa
ritcti tniittd to Mr. Cnrrinjjtou a (' >mm'tiee, if
wbit h Mr. Daae wai a eeeatbai; for, ntn r ?.? rapatt
of it back again by thia Committee, no d bate aw
hud?the ordinmn o had it* three separate readiogial
tlute aucc. rrive daya; of t ourae, tiurefore, all mt
detail* and all ?lio principlta had been settled befaas,
and durirg pnvioua oiscut-sion. Mr. Jeffertjn, let
whom the thief merit of this oidinance i* ? laiaea,
wa* not iu the llouee nor in tho country during mW
di'iiirsioo; end a comparison of bia resolutions ef
April, >f, git?n above, wi'b tboOrdinanea of " If,"
will ibow bow much BOie copious, comprehensiei
and far reacliing aro the wise and beuebVeutpr??l?"
1 aion* in the latter.
Of many of tbtse provlsioni a large share miy W
claimid aa the suggestion, or ihe work of Mr. K , sal
especia ly the, n at anddesirable one rendering ibe fafl
forever ii capable of Slavery Aa this is tbe great aV
tii.it'ontf tie ordinance, it shall be examined tha**
ou),hiy. Tbe proviao prepared by Mr. Jeffertoakj
. l?et, and voted for by bim throughout and rigiant
tie voice of his colleague*, was inthc<e words; " Tkat
" a tir lie tear H-00 of the Christian F.ra, there tml
" be neither Slavery n< r iuvoliin'ary servitude in Of
" of the taid Stutes, ctheraisu tban in punish neat ef
' crinea whereof the patty thill bavo been ? onviead
' to have been peistinally guilty. 1 his proviso, os**f
those ? hieb wtve to be fundamental articles ef
c< nipact, unehbt geable, ex ?pt by the consent of Wh
partiea war, aa has already been stated, struck uta
the 1'oth of Apiil, tho retidue of tho ordinancj bekaf
ml'.pit d ( n il e . ii Mr .feIfenoo, a few da)S aaaT
ward, vacated bis seat in Congress, and Mr. Kinf al
yet had not sat there at al'. His first a p pear an 'I at
Congress waa in D?c, 1TSI. In the c mrae of theaa
suing ipring, the bill for nt ertaiuing the beet m-tehef
locatit g and disposing of tbe Western lands ?><:? ene
a subject if cistussion, and warmly enliited Mr. I I
attentii n and intoreit, as expressed both bythaia*
cord of tbe ioarnal, and more strikingly,by the < itiee?
pondence of which the originals are in my baas')
with Kibridge Oerry, Timo'hy Pickoring, and t?aksf
le ading me n of tbat day. It is foreign to the p-.rsaaa
of this discussion to enter into the general scopaef
this com spot dene*, snd it is only referred t > no* It
o.-dtr to bring out < f it the proof of bosr early aal
hew tart i fly .Mr. K. s atteston was turned tetha
duty of pr< venting tbe spread of Slavery.
Cnder date of Philadelphia, March n, 171)3, TiaaV
Iby Titkering ibua writes to ifr. K., tin n f'.'sdbtg
Congress, in NVw-V'erk:
' Y.Herdt? I was favored with a l.tr?r fratn Mr fl-rry.ll*
? lotirg tbe <<r?l't' f oritlntrce for aecertam'Bf |b? mod* of kv
? at nf tod d'.p-i.iof of Isnes in rhe We.tern lerrf rj atldr
Hint me ro roBimob'ette r> yon a"-h thoaghtt on iaa taaiset
t ma] be y.fftd to bate a btQ'toitl tendency. *?
Mr. l'iek? ring gtea onto suggest, at ? i ris 1 raWa
length, stid wi'b tborongb knowledge, variios prs
vis'ons which ibould be cmbenlied in sneb a law, aad
eh sis his li tttr with this ret. tont e to Mr. JtlTersoa'a
resoluticn of April, 17*>a, and especially to the prov-ka>
of fieedi m:
" There is tn article ia tba report of the Cornau 'ae SB aatsfe
that act waa n sdt wb ch I am ettre" all aorrj ro e?? at. sa
j.cr. d Tie ( i o rr ntee t ro[? aed t'.al alter Ih* y**r l^llksSS
should ba ao ilsvery I? the near S't'e*. I hardly baea g?OttTtt
to ante in a aiibj-ri io which wbat a ? <a m t? tad
jott and wbtt a w root i. an d*ro?t'ory re Aaae no aae. it?veaB
met? ro ir tinea ao la'qaitvaa ia it aif"
In a kiill longer letter, written oo tbe evenin/ iVaW
ssrrre day, rib March, 17*3, 'he two letters fiil?tT
eleven peges of foolscap paper Mr. Pickering ttaa
reverts to tbe topic of Slavery I
" la c. t ;t oe-r tba act of Cuajraw of April ti. If*. imt>
Jrfltnon't ) ard tb* prraeat repert of en ordinaoea rela'ivSSS
there lane's. I ibte'te no sroalalon is made for mtBlKsrsofiW*
?sansLaM ?vrn frr tcboals er icadealea. Ta* lasts**?%y#
bave been brosibl iilo rlaw; tbootb, ar>er tba tl ?m V> *
S every. U waa n?ht Lo aay aotbing of Chratienttr. ?**?*
?laiing an incoLtitt.ncy woti'd n have c iaaioaod moet SB*
trlta Ir a ea?y to bt ir t ti. -i, t'on?reaa oeea asaS* aa*
in portsnr declaiaiioa-' that all aaa a-e created e iuaJ. mm
''bey ar*eid'ael by their Creafir wirb certain laalawjaw
?ii?bis. tbat among iheae are 1?/.. imorly. aad Ihe P''**lJ
? tuipyt*,,, ?aid b. te t rut be wer? be d to he a?!f eiwava
Tle.e area? trarls wria echoed throaah the lalted satsaw
r ? -. - r-l. ... a propoeliioa ?or p?e*?ntia| a vtotarVon ot
tmrha. In a cnaatry yet anseolea
m'ibt eaatly have te.n -aciaded
terae (eriaatnt tf?fe coa'd he tra
rejection ' I tboa d. lac eed). be
poted ('.be year Hue) for ibe etc