few extreme Southern Slave-holding States--South Carolina and
Georgia especially. It actually paltered with those convictions and
with the truth itself. Its convictions--those at least of a great
majority of its delegates--were against not only the spread, but the
very existence of Slavery; yet we have seen what they unwillingly agreed
to in spite of those convictions; and they were guilty moreover of the
subterfuge of using the terms "persons" and "service or labor" when they
really meant "Slaves" and "Slavery." "They did this latter," Mr.
Madison says, "because they did not choose to admit the right of
property in man," and yet in fixing the basis of Direct Taxation as well
as Congressional Representation at the total Free population of each
State with "three-fifths of all other persons," they did admit the right
of property in man! As was stated by Mr. Iredell to the North Carolina
Ratification Convention, when explaining the Fugitive Slave clause:
"Though the word 'Slave' is not mentioned, this is the meaning of it."
And he added: "The Northern delegates, owing to their peculiar scruples
on the subject of Slavery, did not choose the word 'Slave' to be
mentioned."
In March, 1789, the first Federal Congress met at New York. It at once
enacted a law in accordance with the terms of the Ordinance of '87
--adapting it to the changed order of things under the new Federal
Constitution--prohibiting Slavery in the Territories of the North-west;
and the succeeding Congress enacted a Fugitive-Slave law.
In the same year (1789) North Carolina ceded her western territory (now
Tennessee) south of the Ohio, to the United States, providing as one of
the conditions of that cession, "that no regulation made, or to be made,
by Congress, shall tend to emancipate Slaves." Georgia, also, in 1802,
ceded her superfluous territorial domain (south of the Ohio, and now
known as Alabama and Mississippi), making as a condition of its
acceptance that the Ordinance of '87 "shall, in all its parts, extend to
the territory contained in the present act of cession, the article only
excepted which forbids Slavery."
Thus while the road was open and had been taken advantage of, at the
earliest moment, by the Federal Congress to prohibit Slavery in all the
territory north-west of the Ohio River by Congressional enactment,
Congress considered itself barred by the very conditions of cession from
inhibiting Slavery in the territory lying south of
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