was taken on the anti-slavery clause the six states
from Pennsylvania eastward voted aye: Maryland,
Virginia and South Carolina voted no; and the other
states were absent. Jefferson was not alone in
feeling chagrin at the defeat and in resolving to persevere.
Pickering expressed his own views in a letter to Rufus
King: “To suffer the continuance of slaves
till they can be gradually emancipated, in states
already overrun with them, may be pardonable because
unavoidable without hazarding greater evils; but to
introduce them into countries where none already exist
... can never be forgiven.” King in his
turn introduced a resolution virtually restoring the
stricken clause, but was unable to bring it to a vote.
After being variously amended, the ordinance without
this clause was adopted. It was, however, temporary
in its provision and ineffectual in character; and
soon the drafting of one adequate for permanent purposes
was begun. The adoption of this was hastened in
July, 1787, by the offer of a New England company
to buy from Congress a huge tract of Ohio land.
When the bill was put to the final vote it was supported
by every member with the sole exception of the New
Yorker, Abraham Yates. Delegations from all of
the Southern states but Maryland were present, and
all of them voted aye. Its enactment gave to the
country a basic law for the territories in phrasing
and in substance comparable to the Declaration of
Independence and the Federal Constitution. Applying
only to the region north of the Ohio River, the ordinance
provided for the erection of territories later to
be admitted as states, guaranteed in republican government,
secured in the freedom of religion, jury trial and
all concomitant rights, endowed with public land for
the support of schools and universities, and while
obligated to render fugitive slaves on claim of their
masters in the original states, shut out from the regime
of slaveholding itself.[22] “There shall be
neither slavery nor involuntary servitude in the said
territory,” it prescribed, “otherwise than
in punishment of crimes whereof the party shall have
been duly convicted.” The first Congress
under the new constitution reenacted the ordinance,
which was the first and last antislavery achievement
by the central government in the period.
[Footnote 22: A.C. McLaughlin, The Confederation and the Constitution (New York [1905]), chap. 7; B.A. Hinsdale, The Old Northwest (New York, 1888), chap. 15.]
By this time radicalism in general had spent much of its force. The excessive stress which the Revolution had laid upon the liberty of individuals had threatened for a time to break the community’s grasp upon the essentials of order and self-restraint. Social conventions of many sorts were flouted; local factions resorted to terrorism against their opponents; legislatures abused their power by confiscating loyalist property and enacting laws for the dishonest promotion of debtor-class interests, and the central government,