The Relations of the Federal Government to Slavery: Delivered at Fort Wayne, Ind., October 30th 1860 — John Shaqi
The Relations of the Federal Government to Slavery: Delivered at Fort Wayne, Ind., October 30th 1860Edgerton, Joseph K. (Joseph Ketchum)
History
The Relations of the Federal Government to Slavery: Delivered at Fort Wayne, Ind., October 30th 1860
Edgerton, Joseph K. (Joseph Ketchum)
Campaign literature; Slavery -- United States -- History
First--It provided for temporary government, by which the people of the
territory might regulate their own internal affairs free from the
control of Congress; and,
Second--It did not prohibit slavery--a provision for that purpose having
been stricken out by the vote of Southern States. This ordinance was
superseded, as before stated, by that of July 13, 1787.
On the terms of this ordinance and its subsequent recognition under the
Constitution, rests much of the argument of the advocates of
Congressional intervention to prohibit slavery in the territories. This
ordinance, as you doubtless all know, forever prohibited slavery in all
the North west territory, but contained also the proviso for the
surrender of fugitive slaves. I ask you to note in regard to the
ordinance.
First--It applied only to territory acquired from Virginia north of the
Ohio, and it was unanimously adopted; and it was a sufficient legal and
moral ground for its recognition by the Congress after the adoption of
the Federal Constitution, that the ordinance, whether made with or
without authority, was in its terms a compact between _all the States_,
and was recognized by all the States as such by tacit assent, if not
express legislation. It was expressly so recognized by Virginia, Georgia
and North Carolina. Consent had cured the usurpation of the Congress, if
such it was, as Madison affirmed, and therefore, the ordinance, when the
Constitution took effect, was legally and constitutionally _an
engagement of the United States, under the Confederation_, binding upon
the Federal government by express provision of the sixth article of the
Constitution, declaring that "all debts contracted and engagements
entered into before the adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under the
Confederation." It was upon this legal ground, as well as upon the
ground that Indiana was not adapted to and did not need slave labor,
that Congress refused to allow the petitions of Indiana while a
territory, which petitions were approved by William Henry Harrison, for
a suspension for a term of years of the sixth article of the ordinance
of 1787, prohibiting slavery. It was a compact to which all the States
were parties, and by its express terms, could not be repealed or
suspended without their common consent.
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