Part 19

Ordinance of 1787, 238 ff.

Pea Ridge, battle of, 108 Peace Conference of Feb., 1865, 162 Pickett, Gen. G.E., 133 Pinckney, Charles, 241 ff. Pope, Gen. John, 103, 122 Port Hudson, surrender of, 112 Presidential election in Libby prison, 158 Prisoners, the exchange of, 158 Putnam, George Palmer, and the Cooper Union address, 212

Reagan, Postmaster-general, at Goldsborough, 184 Reconstruction, Lincoln's views on, 180 ff. Republican party, the, and slavery in the Territories, 249 ff. Republican Union, the Young Men's, 223, 232 Reynolds, Gen. J.T., 127 Rosecrans, Gen. Wm. S., and the Chattanooga campaign, 136 Rutledge, John, 245

Schechter, Rabbi, on the character of Lincoln, 200 Schofield, Gen. Geo. W., 152 Schurz, Carl, on the character of Lincoln, 201 Seward, W.H., 64, 160 Sharp's breech-loaders introduced in 1864, 146 Shaw, Col. R.G., 116 Shenandoah, campaign in the valley of the, 149 Sheridan, Gen. Philip, in the Shenandoah, 149 ff.; wins battle of Five Forks, 171 Sherman, Roger, 237 Sherman, Gen. Wm. T., at Missionary Ridge, 137; captures Atlanta, 151; and the Georgia planter, 164; passes by Charleston, 169; at Goldsborough, 183 ff. Sigel, Gen. Franz, 108 Smith, Gen. Kirby, surrender of, 191 Soldiers authorised to vote in presidential election, 152 Southampton, insurrection at, 256 South Mountain, battle of the, 124 Stanton, Edwin, M., 65, 101 ff., 185 Stephens, Alexander H., and the Peace Conference of Feb., 1865, 162 ff. Sumter, Fort, restoration of the flag on, 182

Taylor, Gen. Richard, surrender of, 191 Thomas. Gen. Geo. H., 136

Vicksburg, surrender of, 112, 134

Wallace, Gen. Lew, 143 Washington assailed by Early, 142 ff. Washington, George, and the Ordinance of 1787, 239; Farewell Address of, 252; the example of, 266 Weitzel, Gen. Godfrey, 119 Whittier on Lincoln, 201 Wilderness, battle of the, 140 ff. Williamson, Hugh, 237 Wilmington, capture of, 167 Winchester, third battle of, 149 Winder, Gen., and the management of the Southern prisons, 190 Wisconsin, troops from, 165 Wisewell, Col. F.H., 144 ff.

FOOTNOTES:

The deeds of cession were executed by New-York, March 1, 1781; by Virginia, March 1, 1784; by Mass., April 19, 1785; by Conn., Sept. 13, 1786; by S. Carolina, August 9, 1787; by N. Carolina, Feb. 25, 1790; and by Georgia, April 24, 1802. Five of these grants were therefore made before the adoption of the Constitution, and one afterward; while the sixth (North Carolina) was authorized before, and consummated afterward. The cession of this State contains the express proviso "that no regulations made, or to be made by Congress, shall tend to emancipate slaves." The cession of Georgia conveys the Territory subject to the Ordinance of '87, except the provision prohibiting slavery.

These dates are also interesting in connection with the extraordinary assertions of Chief Justice Taney, (19 How., page 434,) that "the example of Virginia was soon afterwards followed by other States," and that (p. 436) the power in the Constitution "to dispose of and make all needful rules and regulations respecting the Territory or other property belonging to the United States," was intended only "to transfer to the new Government the property then held in common," "and has no reference whatever to any Territory or other property which the new sovereignty might afterwards itself acquire." On this subject, vide Federalist, No. 43, sub. 4 and 5.]

Hamilton says of him, in a letter to Washington (Works, vol. vi., p. 65): "M'Henry you know. He would give no strength to the Administration, but he would not disgrace the office; his views are good."]

"The State of Virginia, which ceded to the United States her claims to this Territory, consented, by her delegates in the Old Congress, to this Ordinance. Not only Virginia, but North Carolina, South Carolina, and Georgia, by the unanimous votes of their delegates in the Old Congress, approved of the Ordinance of 1787, by which Slavery is forever abolished in the Territory northwest of the river Ohio. Without the votes of these States, the Ordinance could not have been passed; and there is no recollection of an opposition from any of these States to the act of confirmation passed under the actual Constitution."]

"It is well known that the Ordinance of 1787 was drawn by the Hon. Nathan Dane, of Massachusetts, and adopted with scarcely a verbal alteration by Congress. It is a noble and imperishable monument to his fame."--Id. note.

The ordinance was reported by a committee, of which Wm. S. Johnson and Charles Pinckney were members. It recites that, "for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments which forever hereafter shall be formed in the said Territory; to provide also for the establishment of States and permanent government, and for their admission to a share in the federal councils, on an equal footing with the original States, at as early periods as may be consistent with the general interest--

"It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact between the original States and the people and States in the said Territory, and forever remain unalterable, unless by common consent, to wit:"

"Art. 6. There shall be neither slavery nor involuntary servitude in the said Territory otherwise than in the punishment of crimes whereof the party shall have been duly convicted; 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."

On passing the ordinance, the ayes and nays were required by Judge Yates, of New York, when it appeared that his was the only vote in the negative.

The ordinance of April 23, 1784, was a brief outline of that of '87. It was reported by a Committee, of which Mr. Jefferson was chairman, and the report contained a slavery prohibition intended to take effect in 1800. This was stricken out of the report, six States voting to retain it--three voting to strike out--one being divided (N.C.), and the others not being represented. (The assent of nine States was necessary to retain any provision.) And this is the vote alluded to by Mr. Lincoln. But subsequently, March 16, 1785, a motion was made by Rufus King to commit a proposition "that there be neither slavery nor involuntary servitude" in any of the Territories; which was carried by the vote of eight States, including Maryland.--Journal Am. Congress, vol. 4, pp. 373, 380, 481, 752.

When, therefore, the ordinance of '87 came before Congress, on its final passage, the subject of slavery prohibition had been "agitated" for nearly three years; and the deliberate and almost unanimous vote of that body upon that question leaves no room to doubt what the fathers believed, and how, in that belief, they acted.]

MONDAY, Dec. 3, 1787.

"With respect to the clause restricting Congress from prohibiting the migration or importation of such persons as any of the States now existing shall think proper to admit, prior to the year 1808: The Hon. gentleman says that this clause is not only dark, but intended to grant to Congress, for that time, the power to admit the importation of slaves. No such thing was intended; but I will tell you what was done, and it gives me high pleasure that so much was done. Under the present Confederation, the States may admit the importation of slaves as long as they please; but by this article, after the year 1808, the Congress will have power to prohibit such importation, notwithstanding the disposition of any State to the contrary. I consider this as laying the foundation for banishing slavery out of this country; and though the period is more distant than I could wish, yet it will produce the same kind, gradual change which was pursued in Pennsylvania. It is with much satisfaction that I view this power in the general government, whereby they may lay an interdiction on this reproachful trade. But an immediate advantage is also obtained; for a tax or duty may be imposed on such importation, not exceeding $10 for each person; and this, sir, operates as a partial prohibition; it was all that could be obtained. I am sorry it was no more; but from this I think there is reason to hope that yet a few years, and it will be prohibited altogether. And in the meantime, the new States which are to be formed will be under the control of Congress in this particular, and slaves will never be introduced amongst them."--2 Elliott's Debates, 423.

It was argued by Patrick Henry in the Convention in Virginia, as follows:

"May not Congress enact that every black man must fight? Did we not see a little of this in the last war? We were not so hard pushed as to make emancipation general. But acts of Assembly passed, that every slave who would go to the army should be free. Another thing will contribute to bring this event about. Slavery is detested. We feel its fatal effects. We deplore it with all the pity of humanity. Let all these considerations press with full force on the minds of Congress. Let that urbanity which, I trust, will distinguish America, and the necessity of national defence--let all these things operate on their minds, they will search that paper, and see if they have power of manumission. And have they not, sir? Have they not power to provide for the general defence and welfare? May they not think that these call for the abolition of slavery? May they not pronounce all slaves free, and will they not be warranted by that power? There is no ambiguous implication, no logical deduction. The paper speaks to the point; they have the power in clear, unequivocal terms, and will clearly and certainly exercise it."--3 Elliott's Debates, 534.

Edmund Randolph, one of the framers of the Constitution, replied to Mr. Henry, admitting the general force of the argument, but claiming that, because of other provisions, it had no application to the States where slavery then existed; thus conceding that power to exist in Congress as to all territory belonging to the United States.

Dr. Ramsay, a member of the Convention of South Carolina, in his history of the United States, vol. 3, pages 36, 37, says: "Under these liberal principles, Congress, in organizing colonies, bound themselves to impart to their inhabitants all the privileges of coequal States, as soon as they were capable of enjoying them. In their infancy, government was administered for them without any expense. As soon as they should have 60,000 inhabitants, they were authorized to call a convention, and, by common consent, to form their own constitution. This being done, they were entitled to representation in Congress, and every right attached to the original 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), to the copper-colored native, and all other human beings who, after a competent residence and degree of civilization, are capable of enjoying the blessings of regular government."]

FRIDAY, June 8th, 1787.--"Mr. Pinckney moved 'that the National Legislature shall have the power of negativing all laws to be passed by the State Legislatures, which they may judge improper,' in the room of the clause as it stood reported.

"He grounds his motion on the necessity of one supreme controlling power, and he considers this as the corner-stone of the present system; and hence the necessity of retrenching the State authorities, in order to preserve the good government of the national council."--T. 400, Elliott's Debates.

And again, THURSDAY, August 23d, 1787, Mr. Pinckney renewed the motion with some modifications.--T. 1409. Madison Papers.