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The United States of America, Part 1 by Edwin Erle Sparks
page 46 of 357 (12%)
were represented. One of these had but one delegate and his vote was
cast out by the rule requiring a State to be represented by at least
two delegates to participate in a vote. Of the ten States remaining,
seven must have at least two delegates of an affirmative mind from
each to retain the clause. Six of these States voted solidly to keep
the restriction, but the seventh State could not be secured, as
Jefferson stated. Considered by our present method of voting, sixteen
of the twenty-three delegates present voted affirmatively and seven
negatively; yet the motion was lost and the clause struck out. Rarely
has the power of a minority been so great. The individual may be allowed
to hide the mass by being held too close to the vision.

However, the defeat of Jefferson's plan of excluding slavery from the
territory after the year 1800 must be considered fortunate by all in
sympathy with the general purpose. By it, slavery would have been
permitted in the western country for sixteen years. The large influx
of migration into the territory within that period, especially from
the Southern States, would have established the system too thoroughly
to be eradicated. The difficulty with which slavery was permanently
kept out, although expressly prohibited by the Ordinance of 1787, is
a proof of this assertion. The clearing of the way for the later
prohibitive action by striking out the clause tended to the ultimate
good. On the other hand, it is pointed out that the Jefferson ordinance
provided only for "a temporary government of the western territory"
and covered "so much of the territory ceded or to be ceded by the
individual States to the United States as is already purchased or shall
be purchased of the Indian inhabitants and offered for sale by
Congress." Eulogists of Jefferson argue, consequently, that if his
restricting clause had been allowed to remain it would have prohibited
slavery in all the land west of the thirteen States, both north and
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