ntended and proclaimed by its mover. That motion was
_negatived_, 71 to 60; showing a majority of 11, who by that vote,
declared their belief that "at the proper time, and in the proper mode,
Virginia ought to commence a system of gradual abolition."
8. _The Congress of the United States have asserted this power_. The
ordinance of '87, declaring that there should be "neither slavery nor
involuntary servitude," in the North Western territory, abolished the
slavery then existing there. The Supreme Court of Mississippi, in its
decision in the case of Harvey _vs._ Decker, Walker's Mi. Reps. 36,
declared that the ordinance emancipated the slaves then held there. In
this decision the question is argued ably and at great length. The
Supreme Court of Louisiana made the same decision in the case of Forsyth
_vs._ Nash, 4 Martin's La. Reps 385. The same doctrine was laid down by
Judge Porter, (late United States Senator from Louisiana,) in his
decision at the March term of the La. Supreme Court, 1830, in the case
of Merry _vs._ Chexnaider, 20 Martin's Reps. 699.
That the ordinance abolished the slavery then existing, is also shown by
the fact, that persons holding slaves in the territory petitioned for
the repeal of the article abolishing slavery, assigning that as a
reason. "The petition of the citizens of Randolph and St. Clair counties
in the Illinois country, stating that they were in possession of slaves,
and praying the repeal of that act (the 6th article of the ordinance of
'87) and the passage of a law legalizing slavery there." [Am. State
papers, Public Lands, v. 1. p. 69,] Congress passed this ordinance
before the United States Constitution was adopted, when it derived all
its authority from the articles of Confederation, which conferred powers
of legislation far more restricted than those conferred on Congress over
the District and Territories by the United States Constitution. Now, we
ask, how does the Constitution _abridge_ the powers which Congress
possessed under the articles of confederation?
The abolition of the slave trade by Congress, in 1808, is another
illustration of the competency of legislative power to abolish slavery.
The African slave trade has become such a mere _technic_, in common
parlance, that the fact of its being _proper slavery_ is overlooked. The
buying and selling, the transportation, and the horrors of the middle
passage, were mere _incidents_ of the slavery in which the victims were
held
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