The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
"SEC. 2. _And be it further enacted_, That in the case of the death,
removal, resignation, or necessary absence of the governor of the said
Territory, the secretary thereof shall be, and he is hereby authorized
and required to execute all the powers and perform all the duties of
the governor during the vacancy occasioned by the removal,
resignation, or necessary absence of the said governor.
"Approved August 7, 1789."
All that is to be found in this act which favors the supposition and
frequent assertion that, under the Constitution, the ordinance of 1787 was
ratified and confirmed is to be found in the preamble, and that preamble
so vaguely alludes to it that the idea is refuted by reference to an act
which followed soon afterwards--the act of 1793--from which I will read a
single section:
"SEC. 3. _And be it further enacted_, That when a person held to labor
in any of the United States, or in either of the Territories on the
north-west or south of the river Ohio, under the laws thereof, shall
escape into any other of the said States or Territories, the person to
whom such service or labor may be due, his agent, or attorney, is
hereby empowered to seize or arrest such fugitive from labor," etc.
Is it not apparent that, when the Congress legislated in 1793, they
recognized the existence of slavery and protected that kind of property in
the territory north-west of the river Ohio, and is it not conclusive that
they did not intend, by the act of 1789, to confirm, ratify, and give
effect to the ordinance of 1787, which would have excluded it?
This doctrine of protection, then, is not new. It goes back to the
foundation of the Government. It is traceable down through all the early
controversies; and they arose at least as early as 1790. It is found in
the messages of Mr. Jefferson and Mr. Madison, and in the legislation of
Congress; and also in the messages of the elder Adams. There was not one
of the first four Presidents of the United States who did not recognize
this obligation of protection, who did not assert this power on the part
of the Federal Government; and not one of them ever attempted to pervert
it to a power to destroy. If division in the Democratic party is to arise
now, because of this doctrine, it is not from the change by those who
assert it, but of those who deny it. It is not from the introduction of a
new feature in the theory of our Government, but from the denial of that
which was recognized in its very beginning.
Public-domain text, read in full here on John Shaqi.
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