om New Jersey voted to
retain it, yet as there was no other delegate present from that State,
and the Articles of Confederation required the presence of "two or more"
delegates to cast the vote of a State, the vote of New Jersey was lost;
and, as the same Articles required an affirmative vote of a majority of
all the States--and not simply of those present--the retention of the
clause prohibiting Slavery was also lost. Thus was lost the great
opportunity of restricting Slavery to the then existing Slave States,
and of settling the question peaceably for all time. Three years
afterward a similar Ordinance, since become famous as "the Ordinance of
'87," for the government of the North-west Territory (from which the
Free States of Ohio, Indiana, Illinois, Michigan and Wisconsin have
since been carved and admitted to the Union) was adopted in Congress by
the unanimous vote of all the eight States present. And the sixth
article of this Ordinance, or "Articles of Compact," which it was
stipulated should "forever remain unalterable, unless by common
consent," was in these words:

"Art. 6. There shall be neither Slavery nor involuntary servitude in
the said Territory, otherwise than in 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, as
aforesaid."

But this Ordinance of '87, adopted almost simultaneously with the
framing of our present Federal Constitution, was essentially different
from the Ordinance of three years previous, in this: that while the
latter included the territory south of the Ohio River as well as that
north-west of it, this did not; and as a direct consequence of this
failure to include in it the territory south of that river, the States
of Tennessee, Alabama and Mississippi, which were taken out of it, were
subsequently admitted to the Union as Slave States, and thus greatly
augmented their political power. And at a later period it was this
increased political power that secured the admission of still other
Slave States--as Florida, Louisiana and Texas--which enabled the Slave
States to hold the balance of such power as against the original States
that had become Free, and the new Free States of the North-west.

Hence, while in a measure q