American Eloquence, Volume II | Page 9

United States of a portion of their vacant
territory. Without entering into the reasons on which this demand was
urged, it is well known that they had an influence on Massachusetts,
Connecticut, New York, and Virginia, which States ceded to the United
States their respective claims to the territory lying northwest of the
river Ohio. This cession was made on the express condition, that the
ceded territory should be sold for the common benefit of the United
States; that it should be laid out into States, and that the States so laid
out should form distinct republican States, and be admitted as members
of the Federal Union, having the same rights of sovereignty, freedom,

and independence as the other States. Of the four States which made
this cession, two permitted, and the other two prohibited slavery.
The United States having in this manner become proprietors of the
extensive territory northwest of the river Ohio, although the
confederation contained no express provision upon the subject,
Congress, the only representatives of the United States, assumed as
incident to their office, the power to dispose of this territory; and for
this purpose, to divide the same into distinct States, to provide for the
temporary government of the inhabitants thereof, and for their ultimate
admission as new States into the Federal Union.
The ordinance for those purposes, which was passed by Congress in
1787, contains certain articles, which are called "Articles of compact
between the original States and the people and States within the said
territory, for ever to remain unalterable, unless by common consent."
The sixth of those unalterable articles provides, "that there shall be
neither slavery nor involuntary servitude in the said territory."
The Constitution of the United States supplies the defect that existed in
the articles of confederation, and has vested Congress, as has been
stated, with ample powers on this important subject. Accordingly, the
ordinance of 1787, passed by the old Congress, was ratified and
confirmed by an act of the new Congress during their first session
under the Constitution.
The State of Virginia, which ceded to the United States her claims to
this territory, consented by her delegates in the old Congress to this
ordinance--not only Virginia, but North Carolina, South Carolina, and
Georgia, by the unanimous votes of their delegates in the old Congress,
approved of the ordinance of 1787, by which slavery is forever
abolished in the territory northwest of the river Ohio.
Without the votes of these States, the ordinance could not have passed;
and there is no recollection of an opposition from any of these States to
the act of confirmation, passed under the actual Constitution. Slavery
had long been established in these States--the evil was felt in their
institutions, laws, and habits, and could not easily or at once be
abolished. But these votes so honorable to these States, satisfactorily
demonstrate their unwillingness to permit the extension of slavery into
the new States which might be admitted by Congress into the Union.
The States of Ohio, Indiana, and Illinois, on the northwest of the river

Ohio, have been admitted by Congress into the Union, on the condition
and conformably to the article of compact, contained in the ordinance
of 1787, and by which it is declared that there shall be neither slavery
nor involuntary servitude in any of the said States.
Although Congress possess the power of making the exclusion of
slavery a part or condition of the act admitting a new State into the
Union, they may, in special cases, and for sufficient reasons, forbear to
exercise this power. Thus Kentucky and Vermont were admitted as new
States into the Union, without making the abolition of slavery the
condition of their admission. In Vermont, slavery never existed; her
laws excluding the same. Kentucky was formed out of, and settled by,
Virginia, and the inhabitants of Kentucky, equally with those of
Virginia, by fair interpretation of the Constitution, were exempt from
all such interference of Congress, as might disturb or impair the
security of their property in slaves. The western territory of North
Carolina and Georgia, having been partially granted and settled under
the authority of these States, before the cession thereof to the United
States, and these States being original parties to the Constitution which
recognizes the existence of slavery, no measure restraining slavery
could be applied by Congress to this territory. But to remove all doubt
on this head, it was made a condition of the cession of this territory to
the United States, that the ordinance of 1787, except the sixth article
thereof, respecting slavery, should be applied to the same; and that the
sixth article should not be so applied. Accordingly, the States of
Tennessee, Mississippi, and Alabama, comprehending the territory
ceded to the United States by North Carolina and Georgia, have