t is well known that they had an influence on Massachusetts,
Connecticut, New York, and Virginia, which States ceded to the United
States their respective claims to the territory lying northwest of the
river Ohio. This cession was made on the express condition, that the
ceded territory should be sold for the common benefit of the United
States; that it should be laid out into States, and that the States
so laid out should form distinct republican States, and be admitted as
members of the Federal Union, having the same rights of sovereignty,
freedom, and independence as the other States. Of the four States which
made this cession, two permitted, and the other two prohibited slavery.
The United States having in this manner become proprietors of
the extensive territory northwest of the river Ohio, although the
confederation contained no express provision upon the subject, Congress,
the only representatives of the United States, assumed as incident
to their office, the power to dispose of this territory; and for this
purpose, to divide the same into distinct States, to provide for the
temporary government of the inhabitants thereof, and for their ultimate
admission as new States into the Federal Union.
The ordinance for those purposes, which was passed by Congress in 1787,
contains certain articles, which are called "Articles of compact between
the original States and the people and States within the said territory,
for ever to remain unalterable, unless by common consent." The sixth
of those unalterable articles provides, "that there shall be neither
slavery nor involuntary servitude in the said territory."
The Constitution of the United States supplies the defect that existed
in the articles of confederation, and has vested Congress, as has been
stated, with ample powers on this important subject. Accordingly,
the ordinance of 1787, passed by the old Congress, was ratified and
confirmed by an act of the new Congress during their first session under
the Constitution.
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 coul
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