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.

ART. IV. The said territory, and the states which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the articles of confederation, and to such alteration 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.

ART. V. 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 session 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 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 said terrritorial line. The eastern state shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territoria! 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 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: 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. ART. VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in 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 revealed and declared null and void.

17

CHAPTER III.

THE RATIFICATION OF THE CONSTITUTION.

§ 435. We have now seen what the Constitution is, and in connexion with that, what constructions have been put upon its various clauses, and what decisions have been had under it by the judicial authority. It is important that we should now look at the mode in which it was ratified, and what opinions were declared by the ratifying power, as to what were the rights vested in the national government.

§ 436. When the Convention had formed the Constitution, they by resolution' directed it to be "laid before the United States in Congress assembled," and declared their opinion that it should afterward "be submitted to a convention of delegates, chosen in each state by the people thereof, under a recommendation of its legislature, for their assent and ratification;" and that each convention assenting thereto, and ratifying it, should notify Congress thereof.

§ 437. Accordingly, Congress having received the report of the convention,—2 Resolved, that the report, resolutions, and letter accompanying them, be transmitted to the several legislatures, to be by them submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolve of the convention, &c. &c.

§ 438. Under this resolution of Congress, the states called conventions of the people, and the Constitution being submitted to them, was ratified successively by all of them, and the Constitution became the supreme law

of the land.

ORDER AND MANNER OF RATIFICATION.

1

§ 439. 1st. The first state which ratified the Constitution was Delaware, which did so on the 7th December, 1787,-without condition or the recommendation of an amendment.

§ 440. 2d. The second was Pennsylvania, which, in like manner, without any declaration or recommendation, ratified it on the 12th of December, 1787.

§ 441. 3d. The next was New-Jersey, which ratified on the 18th December, 1787, as is declared in their ratification, by the unanimous consent of all the members.

§ 442. 4th. The fourth was Connecticut, which likewise ratified without any declaration, on the 9th January, 1788.

§ 443. 5th. The next was Georgia, which ratified, without condition or resolution.

§ 444. 6th. The sixth was Massachusetts. In the convention of this state, there was much opposition' to the Constitution, and at first a majority against it. In consequence of this, it was finally ratified with the declaration of the convention, that in their opinion, certain amendments and alterations were necessary to remove the fears, and quiet the apprehensions of many of the good people of that commonwealth.

The amendments recommended were as follows, viz:6

1. That' it be declared that all powers not expressly delegated by the Constitution should be reserved to the several states, to be by them exercised.

2. That there should be one representative to each

1 Elliott's Deb. vol. 4, p. 207. 2 Idem. 202. 3 Idem. 209. Idem. 212. 62 Pitkin's Civ. Hist., 266. 64 Elliott's Debates, 211.

7 Note.-Whenever resolutions or other proceedings are given in this work, except in the case of the Constitution, they are set forth substantially.

thirty thousand persons, until the whole number of persons amounted to two hundred.

3. That Congress should not exercise the power of making regulations for electing members of Congress, unless the states neglected to make such regulations, or made them subversive of a free and equal representation.

4. That Congress do not lay direct taxes, but when the funds arising from impost and excise are insufficient, nor then till they have first made a requisition on each of the states for their quota, and the states have neglected or refused to pay their proportion.

5. That Congress erect no company of merchants with exclusive advantages.

6. That no person be tried for a crime, or suffer an infamous punishment, or loss of life, except in the military or naval service, without indictment by a grand jury.

7. The United States Judiciary shall have no jurisdiction of causes between citizens of different states, unless the matter in dispute extend to $3000, nor the judicial power extend to actions between citizens of different states when the matter is not of the value of $1500.

§ 445. 8. In civil actions between citizens of different states, issues of fact at common law shall be tried by jury, if the parties request it.

9. Congress shall not consent, that any person holding an office of profit or trust under the United States shall receive any title or office from a king, prince, or foreign state.

§ 446. With the recommendation of these amendments, Massachusetts, after great opposition,' ratified the Constitution on the 7th of February, 1788.

§ 447. It will be seen in the Constitution, that the sixth recommendation in relation to Indictments is im

14 Elliott's Debates, 212.