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A New Position

A New Position image
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The late numbers of the Philunihropist discuss the Ordinance of 1787. We understand the Editor to take the position "ihttt no State in the Northwestern Territory Í3 bound to duliver up a fugitive slave, unless he has escaped from one oí' the original States." The chiuse in the Ordinance relating to slavery, reads as follows : "There shall be neither slavery nor in. voluntary servitude in the said Territory, otherwise than in punishment of crimes, whereof ihe party nccu?ed shall have been duly convicted. Provided always, that any person escaping into the same, from whoni labor or service is Inwfully claimed in any one of the original Statee, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her service as afuresaid."As this ariiclo was made forever utialtorable, unless by common consent, and as it never has been allered, it is contended that it is now the fundamental lavv of al' the Northwestern Territory, and that all acts of Congres?, aud all provisions in ihe constitution or laws of any of tho North western states,contravening ihis fundamen tal law, whether by pcrmitting slavehoklers to bring slaves into lbo satd territory or by requiring them to bo delivered up to the cjaimajUs otherwise than is provided in the article, tuo nuil and void. This position is backed up by the opinión of Daniel Webster, as expressed by him in a speech in 1S30. Spcaking of the Ordinance, he said, "It impressed on the soil iteelf, while it was yeta wilderness, an incapacity to bear up any other han freemejv. It laid the interdict aainst personal servitude in original compact, not only deeper than all local law, but deeper also, than all local constitutions."Thia position has aleo been discussed in he Cincinnali Gazette, and tho writer saya le understands t will soon be insisted on, and he does not see how it can be evaded. U it be established, fugitives uncharged with crime, from service or labor n Kentucky, Tennessee, Louisiana, Misissippi, Alabama, Missouri and Arkansas, cannot lío sent out of Ohio, Indiana, Illinois, Michigan or Wisconsin, against their vill. It is evident that should this docriñe be confirmed by the highest tribunals,ously efleci half ci'ihe States of the Union.