shall assume a temporary government as aforesaid, may, from time to time, be taken by the United States in Congress assembled.

That the preceding articles shall be formed into a charter of compact; shall be duly executed by the president of the United States in Congress assembled, under his hand, and the seal of the United States; shall be promulgated; and shall stand as fundamental constitutions between the thirteen original States, and each of the several States now newly described, unalterable rom and after the sale of any part of the territory of such State, pursuant to this resolve, 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.14

8. Slavery and Involuntary Servitude Clause (March 16, 1785).

The proposed ordinance of March 1, 1784, contained a clause prohibiting slavery and involuntary servitude after the year 1800. Before Congress had had an opportunity to express its approbation or disapprobation of this proviso, the ordinance was recommitted to the same committee for reconsideration. On March 22, the ordinance was reported back to Congress with a few changes, but still retaining the anti-slavery clause. On April 19, on motion of Mr. Richard Dobbs Spaight of North Carolina, the proviso was stricken out, and the institution of slavery was thus specifically recognized by the measure as adopted. The exclusion of this provision was a source of profound regret and humiliation to Jefferson. and its adoption would, as he said, have prevented the further extension of "this abominable crime." On March 8, 1785, Colonel Timothy Pickering wrote to Rufus King, deprecating the omission of the anti-slavery clause, and pleading that one more effort might be made to forestall the "calamity" of slavery extension. Manifestly in response to this intercession, a week later, on March 16, 1785, the clause prohibiting slavery and involuntary servitude was, on motion of Rufus King, seconded by William Ellery of Rhode Island, committed to a committee of the whole house as a separate and independent proposition. The motion was offered with the intention of restoring the proviso to the ordinance of April 23, 1784. On the motion to commit, the vote stood eight States "aye" and three States "no." After its commitment, the proposition was not subsequently considered until July 12, 1787, when the Ordinance of that year was being per

14. Aside from comparatively unimportant verbal changes, the chief differences between the proposed Ordinance of March 1, 1784, and April 23, 1784, were a few changes in the boundaries of the proposed states, the elimination of the fanciful names assigned to the putative states, the omission of the anti-slavery proviso, and the excision of the clause providing that no person should be admitted to citizenship who held an hereditary title. This latter change was made, not from an approbation of such honors'' but because it was thought to be an improper place to encounter them.'' New provisions were enacted reserving to the United States the primary disposition of the soil, prohibiting the imposition of local taxes on property belonging to the United States, pledging the United States to enact laws for the government of the territory until a temporary government could be established, and prohibiting the taxation of the lands of non-residents at a higher rate than residents.

fected. The proposed clause as here given contains no provision for reclaiming fugitives without which it could not have carried.

[Journals of Congress, IV, 481.]

A motion was made by Mr. [Rufus] King, seconded by Mr. [William] Ellery, that the following proposition be committed.

That there shall be neither slavery nor involuntary servitude in any of the States, described in the resolve of Congress of the 23d of April, 1784, otherwise than in punishment of crimes, whereof the party shall have been personally guilty; and that this regulation shall be an article of compact, and remain a fundamental principle of the constitutions between the thirteen original States, and each of the States described in the said resolve of the 23d of April, 1784.15

9.

Ordinance of 1787 as Amended to Third Reading on May 10.

Between April 23, 1784, and July 13, 1787, three ordinances for the government of the Western Territory, designed to supplant the Ordinance of April 23, 1784, were submitted to Congress. The first of these three ordinances was submitted on May 10, 1786, and after consideration was recommitted on July 13. The second ordinance was submitted on September 19, and after consideration was postponed on September 29. The third ordinance was submitted on April 26, 1787. On May 9, the report embodying this ordinance was read a second time and amended and made the order of the day for May 10, when its further consideration was postponed.

[Miscellaneous Documents, XIX, 150.]

It is hereby ordained by the United States, in Congress assembled, That there shall be appointed from time to time, a governor whose commission shall continue in force for the term of three years, unless sooner revoked by Congress.

There shall be appointed by Congress from time to time, a secretary, whose commission shall continue in force for four years, unless sooner revoked by Congress. It shall be his duty to keep and preserve the acts and laws passed by the general assembly,

15. According to Jacob P. Dunn, Indiana-A Redemption From Slavery,'' p. 192, this resolution was committed to a committee consisting of Rufus King, David Howell, and William Ellery. This committee reported on April 6, making two important changes. The first provided that the anti-slavery clause should not become effective until the year 1800, and the second added the fugitive-slave clause which was subsequently incorporated in the Ordinance of 1787. The fugitive-slave clause as quoted by Dunn is as follows: Provided always, that upon the escape of any person into any of the States described in the said resolve of Congress of the 23d day of April, 1784, from whom labor or service is lawfully claimed in any one of the thirteen original States, such fugitive may be lawfully reclaimed and carried back to the person claiming his labor or service as aforesaid, this resolve notwithstanding.''

and public records of the district, and of 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 shall form a court, who shall have a common law jurisdiction, whose commissions shall continue in force during good behavior.

And to secure the rights of personal liberty and property to the inhabitants and others, purchasers in the said district, it is hereby ordained that the inhabitants of such districts shall always be entitled to the benefits of the act of habeas corpus, and of the trial by jury.

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 shall prevail in said district until the organization of the general assembly, unless disapproved by Congress; but afterwards the general assembly shall have authority. to alter them as they shall think fit: Provided, however, That said assembly shall have no power to create perpetuities.

The governor for the time being shall be commander-inchief of the militia, and appoint and commission all officers in the same below the rank of general officer. All officers of that rank 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 peace and good order in the same. After the general assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor.

The governor shall, as soon as may be, proceed to lay out the district into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature, as soon as there shall be five thousand free male inhabitants of full age within the said district. Upon giving due proof thereof to the governor they shall receive authority, with time and place to elect representatives from their counties or townships as afore

said, to represent them in 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 increase, until the number of representatives amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legislature, provided that no person shall be eligible or qualified to act as a representative unless he shall be a citizen of one of the United States, or have resided within the district three years, and shall likewise hold, in his own right in fee-simple, two hundred acres of land within the same: Provided, also, That a freehold or life estate in fifty acres of land, in the said district, of a citizen of any of the United States, and two years' residence, if a foreigner, in addition shall be necessary to qualify a man as elector for said representatives.

The representatives thus elected shall serve for the term of two years; and in the 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 during the residue of the time.

The general assembly shall consist of the governor, a legislative council to consist of five members, to be appointed by the United States, in Congress assembled, to continue in office during pleasure, any three of whom to be a quorum-and a House of Representatives, who shall have a legislative authority, complete in all cases for the good government of said district: Provided, That no act of the said general assembly shall be construed to affect any lands the property of the United States: And provided, further, That the lands of the non-resident proprietors shall in no instance be taxed higher than the lands of residents.

All bills shall originate indifferently either in the council or House of Representatives, and having been passed by a majority in both houses, shall be referred to the governor for his assent, after obtaining which, they shall be complete and valid; but no bill or legislative act, whatever, shall be valid, or 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 said inhabitants or settlers shall be subject to pay a part of the Federal debts contracted or to be contracted, and to bear a proportional share of the burdens of the 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.

The governor, judges, legislative council, secretary, and such other officers as Congress shall at any time think proper to appoint in such district, shall take an oath or affirmation of fidelity; the governor before the President of Congress, and all other officers before the governor, prescribed on the 27th day of January, 1785, to the Secretary of War, mutatis mutandis.

Whensoever any of the said States shall have of free inhabitants as many as are equal in number to the one-thirteenth part of the citizens of the original States, to be computed from the last enumeration, 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 that time be competent to such admission.

Resolved, That the resolutions of the 23d of April, 1784, be, and the same are hereby annulled and repealed.

The cause of the-sudden interruption in the consideration of the proposed ordinance of April 26, 1787, was the arrival in New York of General S. H. Parsons, an agent of the Ohio Company of Associates, who were negotiating for the purchase of a large tract of land in the Western Territory, and who were personally interested in the form of colonial government devised. After presenting a memorial to Congress, General Parsons left immediately and his place was taken by Dr. Mannesseh Cutler, who reached New York on July 5. On July 9, the ordinance was referred to a new committee. On July 10, at the request of the committee Dr. Cutler presented his suggestions in writing. On July 11, the committee reported the ordinance in a revised form. On July 12, it was amended, on motion of Mr. Nathan Dane of Massachusetts to include the clause prohibiting slavery and involuntary servitude, and on July 13, 1787, the Ordinance passed, by a unanimous vote of the eight States whose delegates were present in Congress. The new ordinance as amended and amplified, reported and passed contained much important original material which must have been adopted either at the instance of the new committee of which Edward Carrington of Virginia, whose sentiments were well known to Congress, was chairman, or by the agents of the Ohio Company of Associates who were diligent in preferring their suggestions to Congress and the committee. The most important supplementary material recommended and adopted was the sections providing for the equal distribution of estates, the extension of the fundamental principles of civil and religious liberty, the safe-guarding of the rights of conscience, the diffusion of knowledge or education and the articles of compact. With certain subsequent modifications