States. In view of the only legitimate end and purpose of all such acquisitions, it is natural to look upon the power of acquiring as an incident of the power to admit new States.

The right or claim of some of the States, viz: New York, Virginia, Massachusetts, Connecticut, North Carolina, South Carolina and Georgia to a vast extent of waste and unoccupied territory, as embraced in their original charters or territorial limits, was a subject of serious concern in the Congress of the Confederation, and constituted for some time the only obstacle to the ratification of the Articles of Confederation. Delaware, Maryland and New Jersey, which had no such territory, were especially jealous on this subject, the two former peremptorily insisting upon the restriction of the boundaries of such of the States as claimed to extend to the Mississippi River or South Sea, to moderate limits, and that the property in the soil of the western territories should be held by the Federal government for the common benefit of all the States, as the same, to use the language of Delaware, "had been gained by the blood and treasure of all."

To remove this subject of contention, New York was the first to tender on 7th March, 1780, a surrender of her claim in western territory. On 6th Sept., 1780, the Congress, by resolution, recommended to the States concerned "a liberal surrender of a portion of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy." On 10th October, 1780, the Congress, by resolution, defined the condition upon which the cession of territory was asked, declaring that "such territory shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States."

Governed by that noble patriotism and devotion to the good of the Union, which marked the whole course of the revolution, and the foundation of the general government, all the States rose above the dictates of selfishness and State pride, and laid upon the altar of the Union, gifts that have grown to empires. The surrender of territory asked for by New Jersey, Maryland and Delaware, and recommended by Congress, was made. All the States but Georgia had ceded prior to the adoption of the Constitution. The cession of Georgia was completed in 1802. With the immense domain of fair and fertile lands, thus freely given to the Federal government by individual States, it was able to discharge the debts of the war of the revolution, and in various ways to provide for the common defence and promote the general welfare of the United States. No man in whose bosom glows a generous sentiment, can read the record of that period of our national history without feeling his heart swell with admiration and affection for the fathers of the Republic. Would that their sons would ever honor their memory by an imitation of their noble example of devotion to the Union!

In this surrender of territory to the general government, we distinctly mark, and it is for that purpose I have related the history, the same "spirit of amity, and of mutual deference and concession," which pervades the Constitution, and I would dwell here a moment to ask you, and especially sectional Republicans, who think that no good thing can come out of the Nazareth of the South, to note another fact: that of all the territory ceded to the United States by individual States, for the common benefit of the Union, by far the largest part was owned by what were then and are now Slave States. Massachusetts, New York, and Connecticut claimed largely, but without possessory right. Virginia, North Carolina, South Carolina and Georgia had superior claims to nearly all. The splendid empire that now embraces the States of Ohio, Indiana, Illinois, Michigan, Kentucky and Wisconsin was most of it once the property of the sovereign State of Virginia. Yet Virginia, then the largest slaveholding State of the Union, laid all this vast territory at the feet of the Union, with no other reward than the consciousness of love of country. She did not even stipulate for the preservation of her own "peculiar institution." Virginia has not alone given to the nation Washington, Jefferson, Madison, Monroe, Harrison, Clay, Henry, Marshall, heroes, statesmen and Presidents, whose valor aided to win our independence, and whose wisdom laid deep and broad the foundations of our Union, but by her magnanimity she added to the Union six of its noblest States, and from their citizens at least she should never hear the cry that taunts her with slavery. Rather let that cry go forth from puritan and abolition Massachusetts, as her sons read over her ancient Quaker laws, or count up the nefarious gains their slave-trading fathers made, while enjoying the twenty years lease of the African slave trade, granted by the Federal Constitution. Ridicule as we may the family pride or State pride of Virginia, or the sometimes Quixotic chivalry of her sons, they have reason to be proud of their noble mother, for her great names belong to American fame, and her history is our nation's glory. In view of all the past, I hope that day may never come when Virginia shall cease to be one of the Union as our fathers made it.

Over the territory thus acquired, the Congress of the Confederation had adopted two systems of government; viz: the ordinance of April 23, 1784, prepared by Thomas Jefferson, soon superseded by the more celebrated ordinance of July 13, 1787, prepared by Nathan Dane of Massachusetts. In its extent the first ordinance covered all territory ceded or to be ceded; the second ordinance covered only the territory north west of the Ohio.

I shall not refer to the Jefferson ordinance of 1784, further than to note these points concerning it.

First—It provided for temporary government, by which the people of the territory might regulate their own internal affairs free from the control of Congress; and,

Second—It did not prohibit slavery—a provision for that purpose having been stricken out by the vote of Southern States. This ordinance was superseded, as before stated, by that of July 13, 1787.

On the terms of this ordinance and its subsequent recognition under the Constitution, rests much of the argument of the advocates of Congressional intervention to prohibit slavery in the territories. This ordinance, as you doubtless all know, forever prohibited slavery in all the North west territory, but contained also the proviso for the surrender of fugitive slaves. I ask you to note in regard to the ordinance.

First—It applied only to territory acquired from Virginia north of the Ohio, and it was unanimously adopted; and it was a sufficient legal and moral ground for its recognition by the Congress after the adoption of the Federal Constitution, that the ordinance, whether made with or without authority, was in its terms a compact between all the States, and was recognized by all the States as such by tacit assent, if not express legislation. It was expressly so recognized by Virginia, Georgia and North Carolina. Consent had cured the usurpation of the Congress, if such it was, as Madison affirmed, and therefore, the ordinance, when the Constitution took effect, was legally and constitutionally an engagement of the United States, under the Confederation, binding upon the Federal government by express provision of the sixth article of the Constitution, declaring that "all debts contracted and engagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation." It was upon this legal ground, as well as upon the ground that Indiana was not adapted to and did not need slave