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HISTORY OF THE STRUGGLE

FOR

SLAVERY EXTENSION OR RESTRICTION.

MAINLY BY DOCUMENTS.

SLAVERY IN THE COLONIES.

and the whole continent, North and South of

the tropics, became a Slave-mart before the Lust of gold and power was the main im- close of the sixteenth century. pulse of Spanish migration to the regions beyond Holland, a comparatively new and Protestant the Atlantic. And the soft and timid Abori. State, unable to shelter itself from the regines of tropical America, especially of its proaches of conscience and humanity behind a islands, were first compelled to surrender what. Papal bull, entered upon the new traffic more ever they possessed of the precious metals to tardily ; but its profits soon overbore all scruples, the imperious and grasping strangers; next and British merchants were not proof against the forced to disclose to those strangers the sources glittering evidences of their success.

But the whence they were most readily obtained ; and first slave ship that ever entered a North finally driven to toil and delve for more, wher- American port for the sale of its human merever power and greed supposed they might chandise, was a Dutch trading-vessel which most readily be obtained. From this point, the landed twenty negro bondmen at Jamestown, transition to general enslavement was ready and the nucleus of Virginia, almost simultaneously rapid. The gentle and indolent natives, unac. with the landing of the Pilgrims of the Maycustomed to rugged, persistent toil, and revolt- Auwer on Plymouth Rock, December 22d, 1620 ing at the harsh and brutal severity of their The Dutch slaver had chosen his market with Christian masters, had but one unfailing re- sagacity. Virginia was settled by CAVALIERSsource-death.

Through privation, hardship, gentlemen-adventurers aspiring to live by their exposure, fatigue and despair, they drooped and own wits and other men's labor-with the necesdied, until millions were reduced to a few miser- sary complement of followers and servitors. able thousands within the first century of Spain- Few of her pioneers cherished any earnest liking ish rule in America.

for downright, persistent, muscular exertion ; A humane and observant priest (Las Casas,) yet some exertion was urgently required to clear witnessing these cruelties and sufferings, was away the heavy forest which all but covered the moved by pity to devise a plan for their termi- soil of the infant colony, and grow the tobacco nation. He suggested and urged the policy of which early became its staple export, by means substituting for these feeble and perishing of which nearly everything, required by its “ Indians” the hardier natives of Western At people but.food was to be paid for in England. rica, whom their eternal wars and marauding The slaves, therefore, found ready purchasers invasions were constantly exposing to captivity at satisfactory prices, and the success of the first and sale as prisoners of war, and who, as a race, venture induced others; until not only Virginia might be said to be inured to the hardships and but every part of British America was supplied degradations of Slavery by an immemorial ex- with African slaves. perience. The suggestion was unhappily ap- This traffic, with the bondage it involved, had proved, and the woes and miseries of the few no justification in British nor in the early remaining Aborigines of the islands known to colonial laws; but it proceeded, nevertheless, us as “ West Indies," were inconsiderably pro- much as an importation of dromedaries to relonged by exposing the whole continent for un- place with presumed economy our horses and numbered generations to the evils and horrors oxen might now do. Georgia was the first of African Slavery. The author lived to per- among the colonies to resist and condemo it in ceive and deplore the consequences of his ex- her original charter under the lead of her noble pedient.

founder-governor, General Oglethorpe ; but The sanction of the Pope having been ob- the evil was too formidable and inveterate for tained for the African Slave-trade by represen- local extirpation, and a few years saw it estabtations which invested it with a look of philan- lished, even in Georgia; first evading or defy. thropy, Spanish and Portuguese mercantile ing, and at length molding and transformning the avarice was readily enlisted in its prosecution I law.

It is very common at this day to speak of our tions on emancipation : Maryland adopted both revolutionary struggle as commenced and hur- of these in 1783. North-Carolina, in 1786, deried forward by a union of Free and Slave, clared the introduction of slaves into that State colonies; but such is not the fact. However" of evil consequence, and highly impolitic,” slender and dubious its legal basis, Slavery ex- and imposed a duty of £5 per head thereon. isted in each and all of the colonies that united New-York and New-Jersey followed the example to declare and maintain their independence. of Virginia and Maryland, including the domesSlaves were proportionately more numerous in tic in the same interdict with the foreign slavecertain portions of the South ; but they were trade. Neither of these States, however, deheld with impunity throughout the North, ad- clared a general emancipation until many years vertised like dogs or horses, and sold at auction, thereafter, and Slavery did not wholly cease in or otherwise, as chattels. Vermont, then a ter- New-York until about 1830, nor in New-Jersey ritory in dispute between New-Hampshire and till a much later date. The distinction of Free New-York, and with very few civilized inhabi- and Slave States, with the kindred assumption tants, mainly on its Southern and Eastern bor- of a natural antagonism between the North and ders, is probably the only portion of the revolu- South, was utterly unknown to the men of the tionary confederation never polluted by the Revolution. tread of a slave.

Before the Declaration of Independence, but The spirit of liberty, aroused or intensified during the intense ferment which preceded it, by the protracted struggle of the colonists and distracted public attention from everything against usurped and abused power in the else, Lord Mansfield had rendered his judgment mother country, soon found itself engaged in from the King's Bench, which expelled Slavery natural antagonism against the current form of from England, and ought to have destroyed it domestic despotism. “How shall we complain in the colonies as well. The plaintiff in this of arbitrary or unlimited power exerted over us, famous case was James Somerset, a native of while we exert a still more despotic and inex- Africa, carried to Virginia as a slave, taken cusable power over a dependent and benighted thence by his master to England, and there inrace ?" was very fairly asked. Several suits cited to resist the claim of his master to his were brought in Massachusetts—where the fires services, and assert his right to liberty. In the of liberty burnt earliest and brightest to test first recorded case, involving the legality of the legal right of slave-holding; and the lead- modern Slavery in England, it was held (1677) ing Wnigs gave their money and their legal that negroes, being usually bought and sold services to support these actions, which were among merchants as merchandise, and also generally, on one ground or another, success- being infidels, there might be a property in thein ful. Efforts for an express law of emancipation, sufficient to maintain trover.' But this was however, failed even in Massachusetts; the overruled by Chief Justice Holt from the King's Legislature, doubtless, apprehending that such Bench (1697,) ruling that “so soon as a negro a measure, by alienating the slave-holders, would lands in England, he is free;" and again, (1702) increase the number and power of the Tories; that “there is no such thing as a slave by the but in 1777, a privateer having brought a lot of law of England.” This judgment proving excaptured slaves into Jamaica, and advertised ceedingly troublesome to planters and mer. them for sale, the General Court, as the Legis- chants from slave-holding colonies visiting the lative Assembly was called, interfered and had mother country with their servants, the merchants them set at liberty. The first Continental Con-concerned in the American trade, in 1729, progress which resolved to resist the usurpations cured from Yorke and Talbot, the Attorney and oppressions of Great Britain by force, had General and Solicitor General of the Crown, a alroady declared that our struggle would be written opinion that negroes, legally enslaved " for the rights of human nature," which the elsewhere, might be held as slaves in England, Congress of 1776, under the lead of Thomas and that even baptism was no bar to the masJefferson, expanded into the noble affirmation ter's claim. This opinion was, in 1749, held to of the right of all men to life, liberty, and the be sound law by Yorke (now Lord Hardwicke,) pursuit of happiness,” contained in the immor- sitting as judge, on the ground that, if the contal preamble to the Declaration of Independence. trary ruling of Lord Holt were upheld, it would A like averment that “all men are boru free abolish Slavery in Jamaica or Virginia as well and equal,” was in 1780 inserted in the Massa- as in England; British law being paramount in chusetts Bill of Rights; and the Supreme each. Thus the law stood until Lord Mansfield, Court of that State, in 1783, on an indictment in Somerset's case, reversed it with evident reof a master for assault and battery, held this luctance, and after having vainly endeavored to declaration a bar to slave-holding henceforth in bring about an accommodation between the the State.

parties. When delay would serve no longer, A similar clause in the second Constitution of and a judgment must be rendered, Mansfield New-Hampshire was held by the courts of that declared it in these memorable words: State to secure Freedom to every child, born

"We cannot direct the law : the law must direct us. therein after its adoption. Pennsylvania, in

The state of Slavery is of such a nature that it is 1780, passed an act prohibiting the further in- incapable of being introduced on any reasons, moral or troduction of slaves, and securing Freedom to political, but only by positive law, which preserves its all persons born in that State thereafter. Con- whence it was created, is erased from the memory. It is necticut and Rhode Island passed similar acts so odious that nothing can be sufficient to support it but in 1784. Virginia, in 1778, on motion of Mr. positive law. Whatever inconveniences, therefore, may Jefferson, prohibited the further importation of follow from the decision, I cannot say that this case is

allowed or approved by the law of England, and there. slaves; and in 1782, removed all legal restric-fore the black must be discharged.”

Now

And east

The natural, if not necessary, effect of this, The report of the committee was in the decision on Slavery in these colonies had their following words: connection with the mother country been continued, is sufficiently obvious.

THE JEFFERSONIAN ORDINANCE, 1784.

Resolved, That the territory ceded, or to be cedeal SLAVERY UNDER THE CONFEDERATION. by individul States to the United States, whensoever

the same shall have been purchased of the Indian The disposition or management of unpeopled inhabitants and offered for sale by the United States, territories, pertaining to the thirteen recent shall be formed into additional States, bounded in the colonies confederated as independent that is to say, northwardly and southwardly by parallels

following manner, as nearly as such cessions will admit: States, early became a subject of solicitude of latitude, so that each State shall comprehend from and of bickering among those States, and in south to north, two degrees of latitude, beginning to Congress. By the terms of their charters, count from the completion of thirty-one degrees north of some of the colonies had an indefinite extension but any territory northwardly of the forty-seventh degree

the equator ; [the then southern boundary of the U.S.] westwardly, and were only limited by the power shall make part of the State next below. of the grantor. Many of these charters con wardly and westwardly they shall be bounded, those on flicted with each other-the same territory dian of the lowest point of the rapids of the Ohio on the

the Mississippi, by that river on one side, and the meribeing included within the limits of two or more other; and those adjoining on the east, by the same totally distinct colonies. As the expenses of meridian on their western side, and on their eastern by the Revolutionary struggle began to bear Great Kanawha. And the territory eastward of this last heavily on the resources of the States, it was meridian, between the Ohio, Lake Erie, and Pennsylkeenly felt by some that their share in the vania, shall be one State. advantages of the expected triumph would be chased and offered for sale shall, either on their own

That the settlers within the territory so to be purless than that of others. Massachusetts, Con-petition or on the order of Congress, receive authority necticut, New-York, Virginia, North Carolina, from them, with appointments of time and place, for and Georgia, laid claim to spacious dominions their free males of full age to meet together for the puroutside of their proper boundaries ; while New. the constitution and laws of any one of these states, so Hampshire (save in Verinont), Rhode Island, that such laws nevertheless shall be subject to alteraNew-Jersey, Maryland, Delaware, and South tion by their ordinary Legislature, and to erect, subject

to a like alteration, counties or townships for the elecCarolina, possessed no such boasted resourcestion of members for their Legislature. to meet the war-debts constantly augnienting. That such temporary government shall only continue ir: They urged, therefore, with obvious justice, force in any State until it shall have acquired twenty thouthat these unequal advantages ought to be Congress, they shall receive from them authority, with surrendered, and all the lands included within appointments of time and place, to call a convention of the territorial limits of the Union, but outside representatives to establish a permanent constitution of the proper and natural boundaries of the the temporary and permanent governments be estub

and government for themselves : Provided, That both several States, respectively, should be ceded to, lished on these principles as their basis : and held by, Congress, in trust for the common 1. That they shall forever remain a part of the

United States of America. benefit of all the States, and their proceeds em

2. That in their persons, property, and territory, ployed in satisfaction of the debts and liabilities they shall be subject to the Government of the United of the Confederation. This reasonable requisi- States in Congress assembled, and to the Articles or tion was ultimately, but with some reservations, Confederation in all those cases in which the original

States shall be so subject. responded to.

3. That they shall be subject to pay a part of the The IXth Continental Congress, under the Ar- Federal debts, contracted or to be contracted, to be ticles of Confederation, assembled at Philadel-apportioned on them by Congress, according to the same

common rule and measure by which apportionments phia, Nov. 3, 1783, but adjourned next day to thereof shall be made on the other States. Annapolis, Md. The House was soon left without 4. That their respective governments shall be in a quorum, and so continued most of the time- republican forms, and shall admit no person to be a of course, doing no business-till the 1st of citizen who holds a hereditary title.

5. That after the year 1800 of the Christian era, March, 1784, when the delegates from Virginia, there shall be neither slavery nor involuntary serviin pursuance of instructions from the Legisla- tude in any of the said States, otherwise than in ture of that State, signed the conditional deed been duly convicted to have been personally guilty. of cession to the Confederation of her claims to

That whenever any of the said States shall have, of territory northwest of the Ohio River. New free inhabitants, as many as shall then be in any one of York, Connecticut, and Massachusetts had al- the least numerous of the thirteen original States, such

State shall be admitted, by its Delegates, into the Conready made similar concessions to the Confede-gress of the United States, on an equal footing with the ration of their respective claims to territory said original States; after which the assent of two-thirds westward of their present limits. Congress

of the United States, in Congress assembled, shall be

requisite in all those cases wherein, by the Confederation hereupon appointed Messrs. Jefferson of Vir- the assent of nine States is now required, provided the ginia, Chase of Maryland, and Howell of Rhode consent of nine States to su

may be obIsland, a Select Committee to report a Plan of tained according to the eleventh of the Articles of Government for the Western Territory. This into Congress, any of the said States, after the establish

Confederation. Until such admission by their Delegates plan, drawn up by Thomas Jefferson, provided ment of their temporary government, shall have authofor the government of all the Western terri- rity to keep a sitting member in Congiess, with a right

of debating, but not of voting. tory, including that portion which had not yet

That the territory northward of the forty-fifth degree, been, but which, it was reasonably expected, that is to say, of the completion of forty-five degi ees would be, surrendered to the Confederation by from the equator, and extending to the Lake of the the States of North Carolina and Georgia (and under the forty-fifth and forty-fourth degress, that which which now forms the States of Tennessee, lies westward of Lake Michigan, shall be called MicheAlabama and Mississippi), as well as that which gunia; and that which is eastward thereof, within the had already been conceded by the

peninsula formed by the lakes and waters of Michigan,

Huron, St. Clair, and E.ie, shall be called Chersonesia, northern States

and shall include any part of the peninsula which wury

dmissio

more

extend above the forty-onth deg ee. of the territory | taining his views of “non-intervention by under the forty-third and forty-second degrees, that to

Congress. the westward, through which the Assenisipi or Rock River runs, shall be called Arenisipia; and that to the

The Ordinance, thus depleted, after undergoeastward, in which are the fountains of the Muskingum, ing some further amendments, was finally apthe two Miamies of the Ohio, the Wabash, the Illinois, proved April 23d—all the delegates, but those called Met:opotamia. Of the territory which lies under from South Carolina, voting in the affirmative. the fort.y-fi st and fortieth degrees, the western, through In 1787, the last Continental Congress, sitwhich the river Illinois runs, shall be called Illinoia ; ting in New-York simultaneously with the that next adjoining to the that between this last and Pennsylvania, and extending Convention at Philadelphia which framed our (om the Ohio to Lake Erie, shall be called Washington. Federal Constitution, took up the subject of the of the territory which lies under the thirty-ninth and government of the Western Territory, raising a of the point of land within the fork of the Ohio and Miss Committee thereon, of which Nathan Dane, of sissippi as lies under the thirty-seventh degree; that to Massachusetts, was Chairman. That Committee the westward, within and adjacent to which are the reported (July 11th), “ An Ordinance for the confluences of the rivers Wabash, Shawanee, Tanisee, Ohio, Illinois, Mississippi, and Missouri, shall be called government of the Territories of the United Polypotamia; and that to the eastward, further up the States, Northwest of the Ohio"—the larger area Ohio, otherwise called the Pelisipi, shall be called contemplated by Mr. Jefferson's bill not having

Teat .:ll the preceding articles shall be formed been ceded by the Southern States claiming into a charter of compact, shall be duly executed by dominion over it. This bill embodied many of the President of the United States, in Congress assem- the provisions originally drafted and reported bled, under his hand and the seal of the United States, by Mr. Jefferson, but with some modifications, conditions between the thirteen original States and and concludes with six unalterable articles of those newly described, unalterable but by the joint perpetual compact, the last of them as follows: consent of the United States, in Congress assembled, and of the particular State within which such alteration servitude, in the said Territory, otherwise than in

“There shall be neither Slavery nor involuntary is proposed to be made.

punishment of crimes, whereof the parties shall be duly April 19, this reported plan came up for convicted." consideration in Congress. Mr. Spaight of N. To this was added, prior to its passage, the C. moved that the 5th proposition (prohibiting stipulation for the delivery of fugitives from Slavery after the year 1800) be stricken out of labor or service, soon after embodied in the the plan of ordinance, and Mr. Read of S. C. Federal Constitution; and in this shape, the seconded the motion. The question was put in entire ordinance was adopted (July 13th) by a this forin : “Shall the words moved to be unanimous vote, Georgia and the Carolinas stricken out stand ?” and on this question the concurring. Ayes and Noes were taken, and resulted as

UNDER THE CONSTITUTION, follows: N. HAMPSHIRE..... Mr. Foster,.

The old Articles of Confederation having Mr. Blanchard,

Ay.

proved inadequate to the creation and mainMASSACHUSETTS.... Mr. Gerry, Mr. Partiidge,

Ay. tenance of a capable and efficient national or

ays RHODE ISLAND..... Mr Ellery,.

central authority, a Convention of Delegates Mr. Howell,

Ay. ау

from the several States, was legally assembled CONNECTICUT.. Mr. Sherman,

ay Mr. Wadsworth,

Ay.

in Philadelphia, in 1787–George Washington,

ay NEW-YORK. Mr. De Witt,

ay

President; and the result of its labors was our Mr. Paine,

Ay.

present Federal Constitution, though some Mr. Dick,

ay } *

amendments mainly of the nature of restrictions PANNSYLVANIA .... Mr. Mimin,. Mr. Montgomery,. ..ay Ay.

on Federal power, were proposed by the several Mr. Hand,

State Conventious assembled to pass upon that MARYLAND...... Mr. McHenry,

No. Constitution, and adopted. The following are Mr. Stone, VIRGINIA. Mr. Jefferson,

all the provisions of that instrument, which are Mr. Hardy,

No. presumed to bear upon the subject of Slavery: Mr. Mercer,

(Preamble): We, the people of the United States, in N. CAROLINA...... Mr. Williamson,

ay Divided order to form a more perfect Union, establish justice, Mr. Spaight,

...no) S. CAROLINA... Mr. Read,

insure domestic tranquillity, provide for the common Mr. Beresford,

fNo. defense, promote the general welfare, and secure the

blessings of liberty to ourselves and our posterity, do Here we find the votes sixteen in favor of Mr. ordain and establish this Constitution for the United Jefferson's restriction to barely seven against it,

States of America.

Art. I. $ 1. All legislative powers herein granted, shall and the States divided six in favor to three be vested in a Congress of the United štates, which against it. But the Articles of Confederation shall consist of a Senate and House of Representatives. (Art. IX.) required an affirmative vote of a apportioned among the several states which may be

Representatives and direct taxes shall be inajority of all the States—that is, a vote of included within this Union, according to their respective seven States—to carry a proposition ; so this numbers, which shall be determined, by adding to the clause was defeated through the absence of one whole number of free persons, including those bound to delegate from New-Jersey, in spite of a vote of servitude for a term of years, and excluding Indians not

taxed, three-fifths of all other persons. more than two to one in its favor. Had the

$ 9. The mig ation or importation of such persons as New-Jersey delegation been full, it must, to a any of the states now existing shall think proper to moral certainty, have prevailed; had Delaware admit, shall not be prohibised by the Congress prior to

the year 1803; but a tax or duty may be imposed, not then been represented, it would probably have exceeding ten dollars on each person. been carried, even without New-Jersey. Yet, The privilege of the writ of habeas corpus shall not it is this voie, so given and recorded, that Mr! be suspended, unless when, in cases of rebellion or

invasion, the public safety may require it.' Douglas in his “ Harper" essay claims as sus. No bill of attainder or eco post facto laws shall be

passed.

Art. III. § 8. Treason against the United States

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CESSIONS

Khall consist only in levying war against them, or in ad

OF SOUTHERN TERRITORY. hering to their enemies, giving them aid and comfort.

Art. IV. & 2. The citizens of each State shall be en The State of Kentucky was set off from the titled to all the privileges of citizens, in the weveral State of Virginia in 1790, by mutual agree: States.

No person held to service or labor in one State, ment, and admitted into the Union by act of under the laws the eof, escaping into another, shall, in Congress, passed February 4th, 1791 ; to take consequence of any law or regulation therein, he dis- effect June 1st, 1792. It was never a territory charged f.om such service or labor, but shall be des of the United States, nor under Federal juris. livered up on cla m of the party to whom such service or labor may be due.

diction, except as a State, and inherited The Cong ess shall have power to dispose of and Slavery from the “Old Dominion.”. make all needful rules and regulations respecting the

The State of North Carolina, like several territory or other property belonging to the United States : and nothing in this constitution shall be so con others, claimed, during and after the Revoluistrued as to prejudice any claims of the United States, tion, that her territory extended westward to or of any particular State.

the Mississippi. § 4. The Un ted States shall guarantee to every State in this Union a republican form of goverament,

On the 22d of December, 1799—one month and shall protect each of them against invasion; and on after the ratification of the Federal Constitution application of the legislature, or of the executive when

-North Carolina passed an act, ceding, on cer. the legislature cannot be convened, against domestic tain conditions, all her territory west of her violence.

Art. VI. This Constitution, and the laws of the prezent limits to the United States. Among United States, which shall be made in pursuance thereof, the conditions exacted by her, and agreed to and all the treaties made, or which shall be made, under the authority of the United States, shall be the supreme by Congress (Act approved April 2nd, 1790) is law of the land; and the judges in every State shall be

the following : bound thereby, anything in the Constitution or laws of

Provided always, that no regulations made, or to any State to the contrary notwithstanding.

be made, by Congress shall tend to emancipate slaves. The above are all—and perhaps more than Were it not then conceded that Congress all—the clauses of the Constitution, that have had the power to make regulations for the been quoted on one side or the other as bear. territories which would “tend to emancipate ing upon the subject of Slavery.

slaves,” this proviso would be utterly meaniug. It will be noted that the word “slave” or less. " slavery ” does not appear therein. Mr. Madi- Georgia, in like manner, ceded (April 2nd, son, who was a leading and observant member 1862) the territories lying west of her present of the Convention, and who took notes of its limits, now forming the States of Alabama and daily proceedings, affirms that this silence was Mississippi. Among the conditions exacted by designed--the Convention being unwilling that her, and accepted by the United States, is the the Constitution of the United States should following: recognize property in human beings. In pas- Firthly. That the territory thus ceded shall becoms sages where slaves are presumed to be contem- a State, and be admitted into the Union as soon as it plated, they are uniformly designated as

shall contain sixty thousand free inhabitants, or, at an per

earlier period, if Congress shall think it expedient, on sons,” never as property: Contemporary bis- the same conditions and restrictions, with the same cory proves that it was the belief of at least a privileges, and in the same manner, as is provided in the large portion of the delegates that Slavery ordinance of Congress of the 13th day of July, 1787, for could not long survive the final stoppage of the States ; which ordinance shall, in all its parts, extend to slave-trade, which was expected to (and did) the territory contained in the present act of cession, the occur in 1808. And, were Slavery this day article only excepted which forbids slavery. banished forever from the country, there might, EARLY ATTEMPTS TO OVERRIDE THE ORDINANCE. indeed, be some superfluous stipulations in the Federal compact or charter; but there are none residue of the vast regions originally conveyed

When Ohio (1802-3) was made a State, the which need be repealed, or essentially modi

by the ordinance of '87 was continued under fied. A direct provision for the restoration of Territory," whereof Wm. Henry Harrison (since

Federal pupilage, by the name of “Indiana fugitive slaves to their masters was, at least President) was appointed Governor. It was once, voted down by the Convention. Finally, quite commonly argued that, though Slavery the clause respecting persons "held to service or labor,” was proposed by Mr. Butler, of South was injurious in the long run, yet, as an expe

dient while clearing away the heavy forests, Carolina, and adopted with little or no opposi- opening settlements in the wilderness, and surtion.

mounting the inevitable hardships and privaThe following, among the amendments to tions of border life, it might be tolerated, and the Constitution, proposed by the ratifying con

even regarded with favor. Accordingly, the ventions of one or more States, and adopted,

new Territory of Indiana made repeated efforts are supposed by some to bear on the questions to procure a relaxation in her favor of the renow agitated relative to Slavery :

strictive clause of the Ordinance of '87, one of Art. 1. Congress shall make no law respecting an them through the instrumentality of a Convenestablishment of religion, or prohibiting the free exertion assembled in 1802-3, and presided over by cise thereof; or abridging the freedom of speech, or of the Press, or of the rights of the people peacefully to the Territorial Governor; so he, with the great assemble, and to petition the Government for a redress body of bis fellow-delegates, memorialized Con. of grievances.

Art. 11. A well-regulated militia being necessary to gress, among other things, to suspend tempor. the secuity of a free State, the right of the people to arily the operation of the sixth article of the keep and bear arms shall not be infringed.

Ordinance aforesaid. This memorial was Art. V. No persons shall be . deprived of life, ferred in the House to a select committee of liberty, or property, without due process of law inor three, two of them from Slave States, with the shall private property be taken for public use without just compensation.

since celebrated John Randolph as chairman.

re

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