The ordinance of April 23, 1784, was a brief outline of that of ’87.  It was reported by a Committee, of which Mr. Jefferson was chairman, and the report contained a slavery prohibition intended to take effect in 1800.  This was stricken out of the report, six States voting to retain it—­three voting to strike out—­one being divided (N.C.), and the others not being represented. (The assent of nine States was necessary to retain any provision.) And this is the vote alluded to by Mr. Lincoln.  But subsequently, March 16, 1785, a motion was made by Rufus King to commit a proposition “that there be neither slavery nor involuntary servitude” in any of the Territories; which was carried by the vote of eight States, including Maryland.—­Journal Am.  Congress, vol. 4, pp. 373, 380, 481, 752.

When, therefore, the ordinance of ’87 came before Congress, on its final passage, the subject of slavery prohibition had been “agitated” for nearly three years; and the deliberate and almost unanimous vote of that body upon that question leaves no room to doubt what the fathers believed, and how, in that belief, they acted.]

[Footnote 11:—­It singularly and fortunately happens that one of the “thirty-nine,” “while engaged on that instrument,” viz., while advocating its ratification before the Pennsylvania Convention, did express an opinion upon this “precise question,” which opinion was never disputed or doubted, in that or any other Convention, and was accepted by the opponents of the Constitution, as an indisputable fact.  This was the celebrated James Wilson, of Pennsylvania.  The opinion is as follows:—­

MONDAY, Dec. 3, 1787.

“With respect to the clause restricting Congress from prohibiting the migration or importation of such persons as any of the States now existing shall think proper to admit, prior to the year 1808:  The Hon. gentleman says that this clause is not only dark, but intended to grant to Congress, for that time, the power to admit the importation of slaves.  No such thing was intended; but I will tell you what was done, and it gives me high pleasure that so much was done.  Under the present Confederation, the States may admit the importation of slaves as long as they please; but by this article, after the year 1808, the Congress will have power to prohibit such importation, notwithstanding the disposition of any State to the contrary.  I consider this as laying the foundation for banishing slavery out of this country; and though the period is more distant than I could wish, yet it will produce the same kind, gradual change which was pursued in Pennsylvania.  It is with much satisfaction that I view this power in the general government, whereby they may lay an interdiction on this reproachful trade.  But an immediate advantage is also obtained; for a tax or duty may be imposed on such importation, not exceeding $10 for each person; and this, sir, operates as a partial prohibition; it was all that could be obtained.  I am sorry it was no more; but from this I think there is reason to hope that yet a few years, and it will be prohibited altogether. And in the meantime, the new States which are to be formed will be under the control of Congress in this particular, and slaves will never be introduced amongst them.”—­2 Elliott’s Debates, 423.