A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861Chittenden, L. E. (Lucius Eugene)
History
A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861
Chittenden, L. E. (Lucius Eugene)
Conference Convention (1861 : Washington, D.C.); United States -- Politics and government -- 1857-1861
This agrees with Mr. MADISON. The idea he conveys could scarcely have
been more identical with Mr. MADISON if he had used MADISON'S words.
When the Southern members of Congress voted unanimously for the 6th
Article, or anti-slavery clause in the ordinance, with the proviso in
respect to slaves escaping into the Territory, it was with the
understanding that the Convention would insert a similar provision in
the Constitution respecting slaves escaping from one State to another;
and this--its insertion in both--was the compromise upon which the
prohibition was inserted in the ordinance. Such is the concurrent
testimony of Mr. MADISON and Mr. CALHOUN.
We will now turn to the ordinance of 1787, and see whether it applies,
as the one proposed by Mr. JEFFERSON in 1784 did, to the new States as
well as to the Territories, and is the basis of State as well as
Territorial Governments, and was so intended. It declares as follows:
"For extending the fundamental principles of civil and
religions liberty, which form the basis whereon these
republics, their laws and constitutions, are erected; to fix
and establish these principles as the basis of all laws,
constitutions, and governments, which forever hereafter
shall be formed in the said Territory; to provide also for
the establishment of States and permanent governments
therein, and for their admission to a share in the Federal
councils, on an equal footing with the original States, at
as early periods as may be consistent with the general
interest.
"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 the common consent."
Then follows six articles of compact. Part of the fifth and the sixth
are in these words:
"ART. 5.... Whenever any of the said States shall have sixty
thousand 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
Constitutional Government, so to be formed, shall be
republican and in conformity to the principles contained in
these articles."
"ART. 6. There shall be neither slavery nor involuntary
servitude in the said Territory, otherwise than in the
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."
Public-domain text, read in full here on John Shaqi.
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