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
"Slavery cannot be extended. By their ordinance Congress has
declared that the new States shall be republican States, and
have no slavery."
Colonel BLAND, a member of the Convention from Virginia, said he
"wished slavery had never been introduced into America," and that "he
was willing to join in any measure that would prevent its extending
farther." To allow it in new States would not prevent its extending
farther, and therefore it was prohibited in such States.
Doctor RAMSAY, a member of the Convention of South Carolina, in his
History of the United States, says:
"Under these liberal principles, Congress, in organizing
colonies, bound themselves to impart to their inhabitants
all the privileges of coequal States.... These privileges
are not confined to any particular country or complexion.
They are communicable to the emancipated slave, for in the
new State of Ohio, slavery is altogether prohibited."
This compact, then, applies to State as well as Territorial
governments, and was so understood in all sections of the
country--northern, central, and southern--when the Constitution was
ratified.
Let me now call attention to the very significant proviso to the sixth
article. What does the word original mean, and what does the whole
article mean with that word in the proviso?
"There shall be neither slavery nor involuntary servitude in
the said Territory, otherwise than in the punishment of
crimes, &c.; _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."
This means that there shall be neither slavery nor involuntary
servitude, except for the purpose of reclaiming such fugitives--and I
admit that slaves were intended--as are lawfully claimed in any one of
the original States. The very fact of the proviso implies that
Congress understood that the right of reclamation could not exist,
unless it was excepted.
And of course it could only exist for the purpose excepted. The
intention was to grant the right to the original States, but to limit
it to them. It is impossible to conceive of a measure for framing the
proviso as it is, if that had not been the intention. As the ordinance
itself made provision for the formation of new States, such States
must have been in the minds of members when acting upon it. If the
object had been to authorize the reclamation of slaves escaping to
this territory from other States than original States, it is certain
the word "original" would have been omitted. It was intended for the
purpose of limiting the right.
Public-domain text, read in full here on John Shaqi.
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