for the government
of the country upon which we now stand, or, rather, a frame or draft of an
ordinance for the government of this country, here in Ohio, our neighbors
in Indiana, us who live in Illinois, our neighbors in Wisconsin and
Michigan. In that ordinance, drawn up not only for the government of that
Territory, but for the Territories south of the Ohio River, Mr. Jefferson
expressly provided for the prohibition of slavery. Judge Douglas says,
and perhaps is right, that that provision was lost from that ordinance. I
believe that is true. When the vote was taken upon it, a majority of all
present in the Congress of the Confederation voted for it; but there were
so many absentees that those voting for it did not make the clear majority
necessary, and it was lost. But three years after that, the Congress of
the Confederation were together again, and they adopted a new ordinance
for the government of this Northwest Territory, not contemplating
territory south of the river, for the States owning that territory had
hitherto refrained from giving it to the General Government; hence they
made the ordinance to apply only to what the Government owned. In fact,
the provision excluding slavery was inserted aside, passed unanimously, or
at any rate it passed and became a part of the law of the land. Under
that ordinance we live. First here in Ohio you were a Territory; then an
enabling act was passed, authorizing you to form a constitution and
State Government, provided it was republican and not in conflict with the
Ordinance of '87. When you framed your constitution and presented it for
admission, I think you will find the legislation upon the subject will
show that, whereas you had formed a constitution that was republican, and
not in conflict with the Ordinance of '87, therefore you were admitted
upon equal footing with the original States. The same process in a few
years was gone through with in Indiana, and so with Illinois, and the same
substantially with Michigan and Wisconsin.
Not only did that Ordinance prevail, but it was constantly looked to
whenever a step was taken by a new Territory to become a State. Congress
always turned their attention to it, and in all their movements upon
this subject they traced their course by that Ordinance of '87. When they
admitted new States, they advertised them of this Ordinance, as a part of
the legislation of the country. They did so because they had traced the
Ordinance of '87 t
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