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reduced the territory in question to that lying north of the Ohio River, which now became its southern boundary, instead of the 31st degree of latitude, as at first proposed, the report was agreed to, without the clause prohibiting slavery and involuntary servitude after the year 1800; ten States voting aye, one State, South Carolina, voting nay-Delaware and Georgia, absent.

This ordinance remained the law of the land until its repeal by the Ordinance of 1787.

In July, of 1786, Mr. Grayson, of Virginia, made a motion recommending it to the States of Massachusetts and Virginia that: "They so alter their acts of cession, that the States may be bounded," etc. After several amendments, the resolution of recommendation as to the alteration of the boundaries and number of States to be formed out of the territory passed, and concluded thus: "which States shall have the same rights of sovereignity, freedom and independence as the original States, in conformity with the resolution of Congress of the 10th of October, 1780.”

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On May 9, 1787, a new ordinance was under consideration by Congress, and was being read the second time when Mr. Grayson offered an amendment that "the representative thus elected should serve 'three' years in place of two." The amendment was lost and of latitude. That which may lie beyond the completion of the 45th degree between such meridian, shall make part of the State adjoining it on the south; and that part of the Ohio, which is between the same meridian coinciding nearly with the parallel 39 degree shall be substituted so far in lieu of that parallel as a boundary line. . . . 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 establishing of their temporary government, shall have authority to keep a member in Congress, with a right of debating but not of voting."-(Journals of Congress, April 23, 1784, p. 379.) 1 1 Journal of Congress, Vol. 11, p. 972.

the ordinance ordered to its third reading on the next Thursday.' But it would seem to have been indefinitely postponed, as on the 11th of July, 1787, a Committee consisting of Mr. Carrington and R. H. Lee, of Virginia, Mr. Dane, of Massachusetts, Mr. Smith, of New York, and Mr. Kean, of South Carolina, reported another and entirely different ordinance for the government of the North-western Territories, which was then read for the first time, re-read, and passed, on the 13th of July, by the vote of eight States, and with only one dissenting voice, Mr. Yates, of New York."

This ordinance was much fuller in its provisions than

1 Journal of Congress, Vol. 12, p. 48.

Congress assembled: Present as yesterday.

2 FRIDAY, July 13, 1787.

According to order, the ordinance for the government of the Territory of the United States north-west of the river Ohio was read a third time and passed as follows:

AN ORDINANCE for the Government of the Territory of the United States north-west of the river Ohio.

Be it ordained, etc.

On passing the above ordinance, the yeas and nays being required by

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any previous one offered. It contained six articles which were declared to be "articles of compact between the original States and the people and States in the said Territory, unalterable, unless by common consent."

The 6th Article was the celebrated one prohibiting slavery forever in the Territory, and was offered by Mr. Dane, of Massachusetts, on the 12th of July. Mr. Force, when searching for material for his work, "American Archives," found the copy of the ordinance with all the alterations marked on it just as it was amended at the President's table, among which the clause respecting slavery remains attached to it as an amendment in Mr. Dane's handwriting in the exact words in which it now stands in the ordinance. Mr. Grayson, as did every representative from Virginia, voted for the entire ordinance, but he did not offer the 6th Article, as afterward stated by some, which is as follows:

"Article the 6th. 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 claimed in any of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid."

Virginia, in accordance with the request of Congress, in 1786, to alter her deed of cession as regarded the boundaries of the new States and the number of them to be formed out of the ceded territory, did so alter her act of cession on Dec. 30, 1788. And, in the act of that date, she also confirmed fully all of the articles of compact of the Ordinance of 1787. For, after citing that part of this ordinance which "declared the following as one of the articles of compact between the original States and the people and States in said territory," she declares her assent to the terms of that article, which

contained this clause: "Whenever any of the said States shall have sixty thousand 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 whatsoever, 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,” etc.1

1 Henning's Statutes, Index, Vol. 12, page 780.

AN ACT concerning the territory ceded by this Commonwealth to the United States. [Passed the 30th of December, 1788.]

1. WHEREAS, the United States, in Congress assembled, did, on the seventh day of July, in the year of our Lord one thousand seven hundred and eighty-six, state certain reasons showing that a division of the Territory which hath been ceded to the said United States by this Commonwealth into States, in conformity to the terms of cession, should the same be adhered to, would be attended with many inconveniences, and did recommend a revision of the act of cession, so far as to empower Congress to make such a division of the said Territory into distinct and republican States, not more than five nor less than three in number, as the situation of that country and future circumstances might require.

And the said United States, in Congress assembled, hath, in an ordinance for the government of the Territory north-west of the river Ohio, passed on the thirteenth of July, one thousand seven hundred and eighty-seven, declared the following as one of the articles of compact between the original States and the people and States in the said Territory, viz.: "That there shall be formed in the said Territory not less than three nor more than five States, and the boundaries of the said 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 said Territory shall be bounded by the Mississippi, the Ohio, and the Wabash rivers; a direct line drawn from the Wabash and Post Vincents 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 Vincents 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 lines, 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

But whilst she thus certainly did, by implication at least, virtually and decidedly consent to all of the articles of the Ordinance of 1787, she did not in this act make any special mention of the 6th Article, nor any formal ratification of it. And, as that article was in direct contravention of the Act of 1780, which was in full force when her deed of cession was made, and which declared that the land so ceded should be "disposed of for the common benefit of the United States"and also "that said lands" should be granted and settled as should be agreed on "by the United States, in Congress assembled, or any nine or more of them❞—as it was contrary to the principle of the Ordinance of 1784, which had rejected all interference by Congress with slavery in the North-west Territory-and also of the Act of Recommendation of 1786, under which she had altered her deed of cession, and which stated expressly that the States to be formed out of that Territory "shall have the same rights of sovereignty, freedom, and independence as the original States, in conformity with the resolution of Congress of the 10th of Octo

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 sixty thousand 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 whatsoever, and shall be at liberty to form a permanent Constitution and State government. Provided, the Constitution and gov ernment 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 sixty thousand: "And it is expedient that this Commonwealth do assent to the proposed alteration, so as to ratify and confirm the said article of compact between the original States and the people and States in the said Territory. Be it therefore enacted by the General Assembly, that the afore-recited article of compact between the original States and the people, and the States in the Territory northwest of Ohio River, be, and the same is, hereby ratified and confirmed; any thing to the contrary, in the deed of cession of said Territory by this Commonwealth to the United States, notwithstanding."

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