« 上一頁繼續 »
The report was further considered and amended on the 20th and 21st. On the 23d it was agreed to (ten States voting Aye, and one No), without the clause prohibiting slavery and involuntary servitude after the year 1800. On the question to agree to the report, after the prohibitory clause was struck out, the yeas and nays were required by Mr. Beresford. The vote was:
Ayes—New Hampshire, Mr. Foster, Mr. Blanchard; Massachusetts, Mr. Gerry, Mr. Partridge; Rhode Island, Mr. Ellery, Mr. Howell; Connecticut, Mr. Sherman, Mr. Wadsworth; New York, Mr. Dewitt, Mr. Payne; New Jersey, Mr. Beatty, Mr. Dick; Pennsylvania, Mr. Mifflin, Mr. Montgomery, Mr. Haud; Maryland, Mr. Stone, Mr. Chase; Virginia, Mr. Jefferson, Mr. Mercer, Mr. Mouroe; North Carolina, Mr. Williamson, Mr. Spaight.
Nays—South Carolina, Mr. Read, Mr. Beresford.
Thus the report of Mr. Jefferson for the temporary government of the Western Territory, withont any restriction as to slavery, received the vote of every State present except South Carolina. It did not lie on the table of Congress during the three years from 1784 to 1787. During these three years it was the law of the land. It was repealed in 1787.
Nearly a year after the first plan was adopted, the clause originally offered by Mr. Jefferson, as a part of the charier of compact and fundamental constitutions between the thirteen original States and the new States to be formed in the Western Territory prohibiting slavery and involuntary servitude, was again submitted to Congress, omitting the time named, "after the year 1800 of the Christian era."
On the 16th March, 1785—" A motion was made by Mr. King, seconded by Mr. Ellery, that the following proposition be committed:
"That there shall be neither slavery nor involuntary servitude in any of the States described in the resolve of Congress of the 23d of April, 1784, otherwise than in the punishment of crimes, whereof the party shall have been personally guilty; and that this regulation shall be an article of compact, and remain a fundamental principle of the constitutions between the thirteen original States, and each of the States described in the said resolve of the 23d of April, 1784."
The motion was, "that the following proposition be committed"—that is, committed to a committee cf the whole House: it was not "in the nature of an instruction to the Committee on the Western Territory." At that time there was no such committee. It was a separate, independent proposition. The very terms of it show that it was offered as an addition to the resolve of April 23d, 1784, with the intention of restoring to that resolve a clause that had originally formed part of it.
Mr. King's motion to commit was agreed to; eight States (New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, and Maryland) voted in the affirmative, and three States (Virginia, North Carolina, and South Carolina) in the negative. Neither Delaware nor Georgia was represented.
After the commitment of this proposition, it was neither called up in Congress nor noticed by any of the committees who subsequently reported plans for the government of the Western Territory.
The subject was not laid over from this time till September, 1786. It is noticed as being before Congress on the 24th of March, the 10th of May, the 13th of July, and the 24th of August, of that year.
On the 24th of March, 1786, a report was made by the grand committee of the House, to whom had been referred a motion of Mr. Monroe upon the strlSject of the Western Territory.
On the 10th of May, 1786, a report was made by another committee, consisting of Mr. Monroe of Virginia, Mr. Johnson of Connecticut, Mr. King of Massachusetts, Mr. Kean of South Carolina, and Mr. Pinckney of South Carolina, to whom a motion of Mr. Dane, for considering and reporting the form of a temporary government for the Western Territory, was referred. This report, after amendments, was recommitted on the 13th of July following.
On the 24th of August, 1786, the Secretary of Congress was directed to inform the inhabitants of Kaskaskia "that Congress have under their consideration the plan of a temporary government for the said district, and that its adoption will be no longer protracted than the importance of the subject and a due regard to their interest may require."
On the 19th of September, 1786, a committee, consisting of Mr. Johnson of Connecticut, Mr. Pinckney of South Carolina, Mr. Smith of New York, Mr. Dane of Massachusetts, and Mr. Henry of Maryland, appointed to prepare a "plan of temporary government for such Districts or New States as shall be laid out by the United States upon the principles of the acts of cession from individual States, and admitted into the confederacy," made a report, which was taken up for consideration on the 29th, and, after some discussion and several motions to amend, the further consideration was postponed.
On the 26th of April, 1787, the same committee (Mr. Johnson, Mr. Pinckney, Mr. Smith, Mr. Dane, and Mr. Henry) reported "An Ordinance for the government of the Western Territory." It was read a second time, and amended on the 9th of May, when the next day was assigned for the third reading. On the 10th the order of the day for the third reading was called for by the State of Massachusetts, and was postponed. On the 9th and 10th of May, Massachusetts was represented by Mr. Gorham, Mr. King, and Mr. Dane. The proposition which, on Mr. King's motion, was "committed" on the 16th of March of the preceding year, was not in the Ordinance as reported by the committee, nor was any motion made in the Congress to insert it as an amendment.
The following is a copy of the Ordinance, as amended, and ordered to a third reading:
For the Government of the Western Territory.
It is hereby ordained by the United States, in Congress assembled, That there shall be appointed from time to time, a Governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress.
There shall be appointed by Congress from time to time, a secretary, whose commission shall continue in force for four years, unless sooner revoked by Congress. It shall be his duty to keep and preserve the acts and laws passed by the General Assembly, and public records of the district, and of the proceedings of the Governor in his executive department, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Congress.
There shall also be appointed a court, to consist of three judges, any two of whom shall form a court, who shall have a common law jurisdiction, whose commissions shall continue in force during good behavior.
And to secure the rights of personal liberty and property to the inhabitants and others, purchasers in the said district, it is hereby ordained that the inhabitants of such districts shall always be entitled to the benefits of the act of habeas corpus, and of the trial by jury.
The Governor and judges, or a majority of them, shall adopt, and publish in the district, such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time, which shall prevail in said district until the organization of the General Assembly, unless disapproved of by Congress; but afterwards the General Assembly shall have authority to alter them as they shall think fit, provided, however, that said Assembly shall have no power to create perpetuities.
The Governor for the time being shall be commander-inchief of the militia, and appoint and commission all officers in the same below the rank of general officer. All officers of that rank shall be appointed and commissioned by Congress.
Previous to the organization of the General Assembly, the Governor shall appoint such magistrates and other civil officers in each county or township, as he shall find necessary for the preservation of peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly; but all magistrates and other civil officers not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the Governor.
The Governor shall, as soon as may be, proceed to lay out the district into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature, as soon as there shall be five thousand free male inhabitants of full age within the said district. Upon giving due proof thereof to the Governor, they shall receive authority, with time and place to elect representatives from their counties or townships as aforesaid, to represent them in General Assembly, provided that for every five hundred free male inhabitants there shall be one representative, and so on progressively with the number of free male inhabitants shall the