History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
This resolve, as originally reported by Mr. Jefferson, embraced a plan
for the organization of temporary governments in certain States which
it undertook to describe and lay out in the Western territory, and for
the admission of those States into the Union. In one particular, also,
it undertook, as it was first reported, to regulate the personal
rights or relations of the settlers, by providing that, after the year
1800, slavery, or involuntary servitude except for crime, should not
exist in any of the States to be formed in the territory. But this
clause was stricken out before the resolve was passed, and its removal
left the measure a mere provision for the political organization of
temporary and permanent governments of States, and for the admission
of such States into the Union. So far as personal rights or relations
were involved in it, the settlers were authorized to adopt, for a
temporary government, the constitution and laws of any one of the
original States, but the laws were to be subject to alteration by
their ordinary legislature. The conditions of their admission into the
Union referred solely to their political relations to the United
States, or to the rights of the latter as the proprietor of the
ungranted lands.
In about a year from the passage of this measure introduced by Mr.
Jefferson, and after he had gone on his mission to France, an effort
was made by Mr. King to legislate on the subject of the immediate and
perpetual exclusion of slavery from the States described in Mr.
Jefferson's resolve. Mr. King's proposition was referred to a
committee, but it does not appear that it was ever acted upon.[274]
The cessions of Massachusetts and Connecticut followed, in 1785 and
1786. Within two years from this period, such had been the rapidity of
emigration and settlement, and so inconvenient had become the plan of
1784, that Congress felt obliged to legislate anew on the whole
subject of the Northwestern Territory, and proceeded to frame and
adopt the Ordinance of July 13, 1787. This instrument not only
undertook to make political organizations, and to provide for the
admission of new States into the Union, but it also dealt directly
with the rights of individuals. Its exclusion of slavery from the
territory is well known as one of its fundamental articles, not
subject to alteration by the people of the territory, or their
legislature.[275]
Public-domain text, read in full here on John Shaqi.
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