Chapter XXVIII: Section 16: That religion, or the duty which we owe to our Creator, (2)

ARTICLE V.--For the more convenient management of the general interest of the United States, delegates shall be annually appointed =in such manner as the legislature of each State shall direct=, to meet in Congress on the first Monday in November, in every year, =with a power reserved to each State, to recall its delegates=, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year.

No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees or emolument of any kind.

=Each State shall maintain its own delegates= in a meeting of the States, and while they act as members of the committee of the States.

In determining questions in the United States, in Congress assembled, each State shall have one vote.

=Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Congress, and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace.=

=Article VI. No State without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any king, prince or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.=

=No two or more States shall enter into any treaty, confederation or alliance whatever between them=, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into by the United States, in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the courts of France and Spain.

No vessel of war shall be kept up in time of peace by any State, except such number only as shall be deemed necessary by the United States, in Congress assembled, for the defence of such State or its trade, nor shall any body of forces be kept up by any State in time of peace, except such number only as, in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use in public stores a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.

No State shall engage in any war without the consent of the United States, in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States, in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States, in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in Congress assembled, shall determine otherwise.

ART. VII.--When land forces are raised by any State for the common defence, all officers of or under the rank of Colonel shall be appointed by the Legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the States which first made the appointment.

ART. VIII.--All charges of war, and all other expenses that shall be incurred for the common defence or federal welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time direct and appoint.

The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States within the time agreed upon by the United States in Congress assembled.

ARTICLE IX.[143]--The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article--of sending and receiving ambassadors--entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever--of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated--of granting letters of marque and reprisal in times of peace--appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.

The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. [A long passage as to method of constituting commissioners to decide such contests.]

The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States--fixing the standard of weights and measures throughout the United States--regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated--establishing and regulating post-offices from one State to another, throughout all the United States, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expenses of the said office--appointing all officers of the land forces, in the service of the United States, excepting regimental officers--appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States--making rules for the government and regulation of the said land and naval forces, and directing their operations.

The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated "a Committee of the States," and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for manageing the general affairs of the United States under their direction--to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses--to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted,--to build and equip a navy--to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; =which requisition shall be binding=; and thereupon the Legislature of each State shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped shall march to the place appointed, and within the time agreed on by the United States, in Congress assembled; but if the United States, in Congress assembled, shall, on consideration of circumstances, judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such State, unless the Legislature of such State shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge can be safely spared, and the officers and men so clothed, armed, and equipped shall march to the place appointed, and within the time agreed on by the United States, in Congress assembled.

The United States, in Congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, =unless nine States assent to the same=; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States, in Congress assembled.

The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations as in their judgment require secrecy; and the yeas and nays of the delegates of each State, on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the Legislatures of several States.

ARTICLE X.--The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite.

ARTICLE XI.--Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine States.

ARTICLE XII.--All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged.

=Article XIII.--Every State shall abide by the determinations of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every State.=

And whereas it hath pleased the Great Governor of the World to incline the hearts of the Legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said =articles of confederation and perpetual union=. Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and =perpetual union=, and all and singular the matters and things therein contained. =And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States, in Congress assembled, on all questions which by the said Confederation are submitted to them; and that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual.=

In witness whereof we have hereunto set our hands in Congress.
Done at Philadelphia in the State of Pennsylvania the ninth day
of July in the year of our Lord one thousand seven hundred and
seventy-eight, and in the third year of the independence of America.

[The signatures follow. Cf. introduction, on p. 475, for the dates.]

FOOTNOTES:

[138] The draft then read: "No purchases of lands hereafter to be made of the Indians, by Congress or private persons, before the limits of the Colonies are ascertained, to be valid." The purpose was to prevent Virginia and other large States from selling their western lands for their private profit. This was part of the "Small-State" plan, and was not adopted.

[139] The plan then was that the colonies should contribute money in proportion to their white population. This was afterward amended. See _Articles_.

[140] Mr. Chase's amendment (to count slaves in apportioning representatives in Congress) was lost. Seven States, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and Pennsylvania voted against it. Delaware, Maryland, Virginia, North and South Carolina voted for it. Georgia was divided.

[141] A suggestion almost of a two-house Congress, similar to the "Connecticut Compromise" adopted for our present Constitution.

[142] Did Adams then think that, _before_ the new Articles should have been accepted, the states were constitutionally one nation or thirteen? Cf. _American History and Government_, # 187 and notes.

[143] Summarize briefly the enumeration of powers in this Article.

XXV. THE NATIONAL DOMAIN

148. Desire for Statehood; Self-confidence of the West

Early in 1784, North Carolina ceded her western territory
(afterward Tennessee) to Congress, giving that body two years in
which to accept. The Westerners, already bitterly dissatisfied, now
complained loudly that the mother State had cast them off; they
would not wait two years, in anarchy, for possible action by the
dilatory Congress; they would take their fate at once into their
own hands. Accordingly, the three counties of eastern Tennessee
(the outgrowth of the Watauga settlement, numbering now some 10,000
souls) established themselves for a time as the State of Frankland
("Land of the Freemen").

The militia had been organized by territorial units, each "company"
from one group of hamlets, or "stations." Each "company" now
chose delegates to a central convention. This "preliminary"
convention recommended the people to choose another "constitutional
convention,"[144] with full powers to set up a government. August
23, 1784, this second convention, composed of forty delegates with
John Sevier as president, resolved on immediate statehood, and put
forth an interesting address to justify that action. The following
passage from that address illustrates the wild hopes of the West
as to immediate development. (Cf. also _American History and
Government_, ## 173-175.)

"If we should be so happy as to have a separate government, vast numbers from different quarters, with a little encouragement from the public, would fill up our frontier; which would strengthen us, improve agriculture, perfect manufactures, encourage literature and everything truly laudable. The seat of government being among ourselves would evidently tend, not only to keep a circulating medium in gold and silver among us,[145] but would draw it from many individuals living in other States, who claim large quantities of land that would lie within the bounds of the new State."

[A constitution was adopted by yet a third convention, and
government instituted under it. North Carolina, however, repealed
her cession before Congress had accepted it, and reasserted her
authority over "Frankland," not without long and bitter conflict.]

149. Organization by Congress

_a. A Plan for a Temporary Government of the Western Territory. April 23, 1784_

_Journals of Congress_ (1801 edition), IX, 109-110.

This act is usually known as Jefferson's Territorial Ordinance of
1784. For history, cf. _American History and Government_, # 181. It
is given here mainly for comparison with the Ordinance of 1787 (No.
149_b_), and, _by most students, it can be read to best advantage
after a study of that document_.

"Resolved that so much of the territory ceded or to be ceded by individual states to the United States [the rest of this paragraph provides for division into two tiers of states, bounded by alternate parallels of latitude, with some rather obscure provisions for fragmentary pieces of territory on the north and east, cf. _American History and Government_, # 181.]

"That the settlers on any territory so purchased, and offered for sale, shall, either on their own petition or order of Congress, receive authority from them, with appointments of time and place, for their free males of full age within the limits of their state to meet together, for the purpose of establishing a temporary government, to adopt the constitution and laws of any one of the original states; so that such laws nevertheless shall be subject to alteration by their ordinary legislature; and to erect, subject to a like alteration, counties, townships, or other divisions, for the election of members for their legislature.

"That when any such state shall have acquired 20,000 free inhabitants, on giving due proof thereof to Congress, they shall receive from them authority, with appointments of time and place, to call a convention of representatives to establish a permanent constitution and government for themselves. Provided that both the temporary and permanent governments be established on these principles as their basis:

"1st. That they shall for ever remain a part of this confederacy of the United States of America.

"2d. That they shall be subject to the articles of confederation in all those cases in which the original states shall be so subject, and to all the acts and ordinances of the United States in Congress assembled, conformable thereto.

"3d. That they in no case shall interfere with the primary disposal of the soil by the United States in Congress assembled, nor with the ordinances and regulations which Congress may find necessary, for securing the title in such soil to the _bona fide_ purchasers.

"4th. That they shall be subject to pay a part of the federal debts contracted or to be contracted, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states.

"5th. That no tax shall be imposed on lands, the property of the United States.

"6th. That their respective governments shall be republican.

"7th. That the lands of non-resident proprietors shall, in no case, be taxed higher than those of residents within any new state, before the admission thereof to a vote by its delegates in Congress.

"That whensoever any of the said states shall have, of free inhabitants, as many as shall then be in any one the least numerous of the thirteen original states, such state shall be admitted by its delegates into the Congress of the United States, on an equal footing with the said original states; provided the consent of so many states in Congress is first obtained as may at the time be competent to such admission. (And in order to adapt the said articles of confederation to the state of Congress when its numbers shall be thus increased, it shall be proposed to the legislatures of the states, originally parties thereto, to require the assent of two-thirds of the United States in Congress assembled, in all those cases wherein by the said articles, the assent of nine states is now required, which being agreed to by them, shall be binding on the new states.) Until such admission by their delegates into Congress, any of the said states after the establishment of their temporary government shall have authority to keep a member in Congress, with a right of debating, but not of voting.

"That measures not inconsistent with the principles of the confederation, and necessary for the preservation of peace and good order among the settlers in any of the said new States, until they shall assume a temporary government as aforesaid, may from time to time, be taken by the United States in Congress assembled.[146]

"That the preceding articles shall be formed into a charter of compact ... [provision for promulgation] and shall stand as fundamental constitutions between the thirteen original States and each of the several States now newly described, unalterable ... but by the joint consent of the United States in Congress assembled and of the particular State within which such alteration is proposed to be made."

_b. The Northwest Ordinance (July 13, 1787)_

_Journals of Congress_ (1801 edition), XII, 58 ff.

For history of this document, cf. _American History and
Government_, # 182. The documents relating to the _acquisition_ of
a "Public Domain" are quoted so extensively in that work that they
are omitted in this collection. Cf., however, No. 146 above for
discussions in Congress.

_An Ordinance for the government of the territory of the United States Northwest of the River Ohio_

Be it ordained by the United States in Congress Assembled that the said territory for the purposes of temporary government be one district, subject however to be divided into two districts as future circumstances may in the opinion of Congress make it expedient.

Be it ordained by the authority aforesaid, that the estates both of resident and non resident proprietors in the said territory dying intestate shall descend to and be distributed among their children and the descendants of a deceased child in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants then in equal parts to the next of kin in equal degree; and among collaterals the children of a deceased brother or sister of the intestate shall have in equal parts among them their deceased parent's share and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate her third part of the real estate for life, and one third part of the personal estate: and this law relative to descents and dower shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as herein after mentioned, estates in the said territory may be devised or bequeathed by wills in writing signed and sealed by him or her in whom the estate may be, being of full age, and attested by three witnesses, and real estates may be conveyed by lease and release or bargain and sale, signed, sealed and delivered by the person being of full age in whom the estate may be, and attested by two witnesses, provided such wills be duly proved and such conveyances be acknowledged or the execution there of duly proved, and be recorded within one year after proper magistrates, courts and registers shall be appointed for that purpose; and personal property may be transferred by delivery saving however to the French and Canadian inhabitants and other settlers of the Kaskaskies, Saint Vincents and the neighbouring villages, who have hereto fore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.

Be it ordained by the authority aforesaid, that there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in 1000 acres of land, while in the exercise of his office.

There shall be appointed, from time to time, by Congress, a secretary, whose commission shall continue in force for four years unless sooner revoked; he shall reside in the district, and have a freehold estate therein in 500 acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his Executive department; and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in 500 acres of land while in the exercise of their offices; and their commissions shall continue in force during good behavior.

The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time: which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; but, afterwards, the legislature shall have authority to alter them as they shall think fit.

The governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

Previous to the organization of the General Assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of the magistrates and other civil officers shall be regulated and defined by the said Assembly; but all ... civil officers not herein otherwise directed shall during the continuance of this temporary government be appointed by the governor.

For the prevention of crimes and injuries the laws to be adopted or made shall have force in all parts of the district; and for the execution of process criminal and civil, the governor shall make proper divisions thereof, and he shall proceed from time to time as circumstances may require to lay out the parts of the District in which the Indian titles shall have been extinguished into counties and townships subject however to such alterations as may thereafter be made by the legislature.

So soon as there shall be five thousand free male inhabitants of full age in the district, upon giving proof thereof to the governor, they shall receive authority with time and place to elect representatives from their counties or townships to represent them in the general Assembly, provided that for every five hundred free male inhabitants there shall be one representative; and so on progressively with the number of free male inhabitants shall the right of representation encrease until the number of representatives shall amount to twenty five, after which the number and proportion of representatives shall be regulated by the legislature; provided that no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years and be a resident in the district or unless he shall have resided in the district three years, and in either case shall likewise hold in his own right in fee simple two hundred acres of land within the same; provided also that a freehold in fifty acres of land in the district having been a citizen of one of the states and being resident in the district, or the like freehold and two years residence in the district shall be necessary to qualify a man as an elector of a representative.

The representatives thus elected shall serve for the term of two years, and in case of the death of a representative or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead to serve for the residue of the term.

The general Assembly or legislature shall consist of the governor, legislative council and a house of representatives. The legislative council shall consist of five members to continue in Office five years unless sooner removed by Congress, any three of whom to be a quorum and the members of the council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together; and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in 500 acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and, whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom Congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the General Assembly, when, in his opinion, it shall be expedient.

The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office; the governor before the President of Congress, and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating but not of voting during this temporary government.

_And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory: to provide also for the establishment of States, and permanent Government therein, and for their admission to a Share in the federal Councils on an equal footing with the original States, at as early periods as maybe consistent with the general interest--_

It is hereby Ordained and declared by the authority aforesaid, That the following Articles shall be considered as Articles of compact between the Original States and the People and States in the said territory, and forever remain unalterable, unless by common consent, _to wit_,

Article the First. No Person demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of worship or religious sentiments in the said territory--

Article the Second. The Inhabitants of the said territory shall always be entitled to the benefits of the writ of Habeas Corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law; all Persons shall be bailable unless for capital offences, where the proof shall be evident, or the presumption great; all fines shall be moderate, and no cruel or unusual punishments shall be inflicted; no man shall be deprived of his liberty or property but by the judgment of his Peers, or the law of the land; and should the Public exigencies make it necessary for the common preservation to take any person's property, or to demand his particular Services, full compensation shall be made for the same,--and in the just preservation of rights and property it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall in any manner whatever interfere with or affect private Contracts or engagements, bona fide and without fraud previously formed.

Article the Third. Religion, Morality and knowledge being necessary to good Government and the happiness of mankind, Schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them--

Article the Fourth. The said Territory, and the States which may be formed therein, shall forever remain a part of this Confederacy ... subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes, for paying their proportion, shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States within the time agreed upon by the United States in Congress assembled. The legislatures of those districts or new States shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the _bona fide_ purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty, therefor.

Article the Fifth. There shall be formed in the said territory, not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The Western State in the said territory, shall be bounded by the Mississippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and Post St. Vincent's, due North, to the territorial line between the United States and Canada; and, by the said territorial line, to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincent's, to the Ohio; by the Ohio, by a direct line, drawn due North from the mouth of the Great Miami, to the said territorial line, and by the said territorial line. The Eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: _Provided however_, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies North of an East and West line drawn through the Southerly bend or extreme of lake Michigan. And, whenever any of the said States shall have 60,000 free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government: _Provided_, the constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than 60,000.

_Article the Sixth. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid._

_Be it ordained by the authority aforesaid_, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed and declared null and void.[147]

Done by the United States, in Congress assembled, the 13th day of
July, in the year of our Lord 1787, and of their sovereignty and
independence the twelfth.

[The great Sixth Article has rendered this Ordinance immortal. This
anti-slavery provision, however, has been spoken of sometimes in
terms more rhetorical than exact. Senator Hoar, in a centennial
memorial oration at Marietta, in 1888, said: "Here was the first
human government under which absolute civil and religious liberty
has always prevailed. ... Here no slave was ever born, or dwelt."
The student may compare _American History and Government_, # 333,
close. But Daniel Webster was the historian rather than merely
the orator when he said: "I doubt whether one single law of any
lawgiver, ancient or modern, has produced effects of more distinct,
marked, and lasting character, than the Ordinance of 1787."

August 7, 1789, the First Congress under the Constitution passed a
_Confirmatory Act_, reenacting the Northwest Ordinance, with the
provision that the appointments therein referred to Congress should
be made by the President, subject to confirmation by the Senate.]

FOOTNOTES:

[144] These quoted phrases are the modern terms, of course. The Franklanders called both meetings merely conventions.

[145] This was a matter of supreme moment. The first legislature of the new State found it necessary to fix a "currency in kind," as legal-tender, in which all business transactions should be carried on, and all government salaries paid. A pound of sugar was to pass for one shilling; a fox or raccoon skin for two shillings; a gallon of peach brandy for three shillings; and an otter or a deer skin for six shillings. Easterners, even Benjamin Franklin, indulged in much laughter at this "money which could not be counterfeited," forgetting how their own fathers had used similar currency.

[146] This paragraph was added by amendment (proposed by Mr. Gerry) at the last moment. A more stringent proposition was lost,--viz.: "That _until_ such time as the settlers shall have adopted the constitution and laws of some one of the original states ... the settlers shall be ruled by magistrates to be appointed by the United States in Congress assembled, and under such laws and regulations as the United States, in Congress assembled, shall direct."

[147] For this earlier ordinance, cf. No. 149_a_.

XXVI. DRIFTING TOWARD ANARCHY

150. Danger (or Hope) of a Military Dictator (1783)

_Gouverneur Morris to John Jay_

_Life and Works of Morris_ (Sparks' edition), I, 249. If this
letter is taken in conjunction with the army plots, it would seem
that Morris was not averse to a military revolution as a step
toward aristocratic rule.

PHILADELPHIA, January 1, 1783.

... The army have swords in their hands. _You know enough of the history of mankind to know much more than I have said_,--and possibly much more than they themselves yet think of. I will add, however, that _I am glad_ to see things in this present train. Depend on it; good will arise from the _situation to which we are hastening_. ... Although I think it probable that much of convulsion will ensue, yet it must terminate in giving to government that power without which government is but a name.

151. Shays' Rebellion

_a. A temperate statement of real grievances leading to the "Rebellion"_

Minot's _History of the Insurrection in Massachusetts_, pages 34-37.

The following "schedule of grievances" was adopted by a mass
convention of Hampshire County, Massachusetts, in 1786. For the
general narrative, cf. _American History and Government_, # 188-192.

At a meeting of the delegates from _fifty_ towns in the county of Hampshire, in convention held at Hatfield, in said county, on Tuesday, the 22d day of August instant [1786], and continued by adjournments until the twenty fifth, etc. _Voted, that this meeting is constitutional._

The convention from a thorough conviction of great uneasiness, subsisting among the people of this county and Commonwealth, then went into an inquiry for the cause; and, upon mature consideration, deliberation, and debate, were of opinion, _that many grievances and unnecessary burdens now lying upon the people, are the source of that discontent so evidently discoverable throughout this Commonwealth_. Among which the following articles were voted as such, viz.

1st. _The existence of the Senate._[148]

2d. _The present mode of representation._

3d. The officers of government not being annually dependent on the representatives of the people, in General Court assembled, for their salaries.

4th. All the civil officers of government, not being annually elected by the Representatives of the people, in General Court assembled.

5th. The existence of the Courts of Common Pleas, and General Sessions of the Peace.

6th. _The Fee Table as it now stands._

7th. The present mode of appropriating the impost and excise.

8th. _The unreasonable grants made to some of the officers of government._

9th. The supplementary aid.

10th. The present mode of paying the governmental securities.

11th. The present mode adopted for the payment and speedy collection of the last tax.

12th. _The present mode of taxation, as it operates unequally between the polls and estates, and between landed and mercantile interests._

13th. _The present method of practice of the attorneys at law._

14th. _The want of a sufficient medium of trade, to remedy the mischiefs arising from the scarcity of money._

15th. The General Court sitting in the town of _Boston_.

16th. The present embarrassments on the press.

17th. The neglect of the settlement of important matters depending between the Commonwealth and Congress, relating to monies and averages.

18th. Voted, This convention recommend to the several towns in this county that they instruct their Representatives, to use their influence in the next General Court, to have emitted _a bank of paper money, subject to a depreciation; making it a tender in all payments, equal to silver and gold_, to be issued in order to call in the Commonwealth's securities.

19th. _Voted, That whereas several of the above articles of grievances arise from defects in the constitution; therefore a revision of the same ought to take place._

20th. Voted, That it be recommended by this convention to the several towns in this county, that they petition the Governour to call the General Court immediately together, in order that the other grievances complained of, may, by the legislature, be redressed.

=21st. Voted, That this convention recommend it to the inhabitants of this county, that they abstain from all mobs and unlawful assemblies, until a constitutional method of redress can be obtained.=

22d. Voted, That Mr. Caleb West be desired to transmit a copy of the proceedings of this convention to the convention of the County of Worcester.

23d. Voted, That the chairman of the convention be desired to transmit a copy of the proceedings of this convention to the county of Berkshire.

24th. Voted, That the chairman of this convention be directed to notify a county convention, upon any motion made to him for that purpose, if he judge the reasons offered be sufficient, giving such notice together with the reasons therefor, in the publick papers of this county.

25th. Voted, That a copy of the proceedings of this convention be sent to the press in Springfield for publication.

_b. Washington's Alarm_

(1) _George Washington to Henry Lee._

Washington's _Writings_ (Ford edition), XI, 76-78. Lee was a
Virginia delegate in the Continental Congress. Washington's letter
is in reply to one received from Lee.

MOUNT VERNON, October 31, 1786.

... The picture which you have exhibited ... of the commotions and temper of numerous bodies in the eastern States, are equally to be lamented and deprecated. They exhibit a melancholy proof of what our transatlantic foe has predicted; and of another thing perhaps, which is still more to be regretted, and is yet more unaccountable, =that mankind, when left to themselves, are unfit for their own government=. I am mortified beyond expression when I view the clouds that have spread over the brightest morn that ever dawned upon any country. In a word, I am lost in amazement when I behold what intrigue, the interested views of desperate characters, ignorance, and jealously of the minor part, are capable of effecting, as a scourge on the major part of our fellow citizens of the Union; for it is hardly to be supposed, that the great body of the people, though they will not act, can be so shortsighted or enveloped in darkness, as not to see rays of a distant sun through all this mist of intoxication and folly.

You talk, my good Sir, of employing influence to appease the present tumults in Massachusetts. I know not where that influence is to be found, or, if attainable, that it would be a proper remedy for the disorders. _Influence_ is no _government_. Let us have one by which our lives, liberties, and properties will be secured, or let us know the worst at once. Under these impressions, my humble opinion is, that there is a call for decision. Know precisely what the insurgents aim at. If they have _real_ grievances, redress them if possible; or acknowledge the justice of them, and your inability to do it in the present moment. If they have not, employ the force of government against them at once. If this is inadequate, _all_ will be convinced, that the superstructure is bad, or wants support. To be more exposed in the eyes of the world, and more contemptible than we already are, is hardly possible. To delay one or the other of these, is to exasperate ... or to give confidence, and will add to their numbers; for, like snow-balls, such bodies increase by every moment unless there is something in the way to obstruct and crumble them before the weight is too great and irresistible....

(2) _George Washington, to James Madison._

_Writings_ (Ford edition), XI, 80, 81. Note especially the extracts
quoted from General Lincoln, in command against the rebels.

November 5, 1786.

I thank you for the communications in your letter of the 1st instant. ... Fain would I hope that the great and most important of all subjects, the _federal government_, may be considered with ... calm and deliberate attention. ... No morn ever dawned more favorably than ours did; and no day was ever more clouded than the present. Wisdom and good examples are necessary at this time to rescue the political machine from the impending storm. Virginia has now an opportunity to set the latter, and has enough of the former, I hope, to take the lead in promoting this great and arduous work. Without an alteration in our political creed, the superstructure we have been seven years in raising, at the expense of so much treasure and blood, must fall. We are fast verging to anarchy and confusion.

... a letter which I have received from General Knox, who had just returned from Massachusetts, whither he had been sent by Congress consequent of the commotions in that State, is replete with melancholy accounts of the temper and designs of a considerable part of that people. Among other things he says:

"Their creed is, that the property of the United States has been
protected from the confiscation of Britain by the joint exertions
of _all_; and therefore ought to be the _common property of all_;
and he that attempts opposition to this creed, is an enemy to
equity and justice, and ought to be swept from off the face of the
earth." Again: "They are determined to annihilate all debts, public
and private, and have agrarian laws, which are easily effected by
the means of unfunded paper money, which shall be a tender in all
cases whatever." He adds: "The number of these people amount in
Massachusetts to about one fifth part of several populous counties,
and to them may be collected people of similar sentiments from the
States of Rhode Island, Connecticut, and New Hampshire, so as to
constitute a body of about twelve or fifteen thousand desperate and
unprincipled men. They are chiefly of the young and active part of
the community."

How melancholy is the reflection, that in so short a space we should have made such large strides towards fulfilling the predictions of our transatlantic foes! "Leave them to themselves, and their government will soon dissolve." Will not the wise and good strive hard to avert this evil? Or will their supineness suffer ignorance, and the arts of self interested, designing, disaffected, and desperate characters, to involve this great country in wretchedness and contempt? What stronger evidence can be given of the want of energy in our government, than these disorders? If there is not power in it to check them, what security has a man for life, liberty, or property? To you I am sure I need not add aught on this subject. The consequences of a lax or inefficient government are too obvious to be dwelt upon. Thirteen sovereignties pulling against each other, and all tugging at the federal head, will soon bring ruin on the whole; whereas a liberal and energetic constitution, well guarded and closely watched to prevent encroachments, might restore us to that degree of respectability and consequence to which we had a fair claim....

152. A Shrewd Foreign Observer's View of the Social Conflict over the Adoption of a New Constitution

_Louis Guillaume Otto to Vergennes_[149]

George Bancroft's _History of the Constitution_ (1882), II,
Appendix, 399 ff.

PHILADELPHIA, October 10, 1786.

[The letter first describes the failure of the Annapolis Convention.]