the example of other states, by a large and valuable consideration in lands; the sale of which, has formed the foundation of her fund for the support of common schools.

South Carolina, North Carolina, and Georgia, respectively ceded to the United States, their lands west of the mountains, extending to the Mississippi.

The United States, having thus become the sole proprietary of what have since been called the public lands, the nation was rescued from evils of the most threatening and embarrassing aspect. The claims of foreign nations, adverse to our own, to the expanded regions lying west of the several states, and extending to the Pacific, were extinguished—the boundaries of the then frontier states were defined, and they were prevented from growing to an inordinate size, and acquiring an undue preponderance in the government-the interfering claims of several states to the same territory, were silenced-but above all, the general government, in acquiring the sole jurisdiction over the vacant lands, was enabled to establish an uniform system for their settlement, and the erection of new states. The disinterested policy of the states which made the cessions, cannot be too highly applauded. Virginia, in particular, whose claim was the most extensive, as well as the best supported, and who was in the actual possession of the territory, displayed a magnanimity, which entitles her to the lasting gratitude of the American people.

Having thus acquired the sovereignty and proprietary possession of the public domain, the congress

of the United States proceeded to pass the ordinance of 13th July, 1787, which has since been justly regarded as of the highest importance. By that instrument, it was provided, that the inhabitants in said territory should be subject to pay a part of the federal debts, contracted, or to be contracted, and a proportional part of the expenses of the government, to be apportioned on them by congress, according to the same common rule and measure, by which apportionments thereof should be made on other states.

"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 the 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, duty, or impost therefor.

"There shall be formed in 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 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 the Mississippi. The middle state, shall be bounded by 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 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 said territory, which lies north of an east and west line drawn through the southern 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 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 with 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.

"There shall be neither slavery nor involuntary servitude, in 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.

"Religion, morality, and knowledge, being necessary to good government, and the happiness of mankind, schools, and the means of education, shall be forever 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 shall never 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."

The ordinance, proceeded to guaranty to the citizens of the newly acquired territory, those rights which were reserved to the people in the constitutions of the several states, and which were considered as fundamental; the benefit of the writ of habeas corpus, and of the trial by jury—the representation of the people in the legislature, and judicial proceedings according to the course of the common law-religious toleration-security from

immoderate fines, and from cruel and unusual punishments—and the unalienable right to full compensation for property or services required for the public use. And for the just preservation of rights and property, it was 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."

The ordinance, also, contained provisions for the organization and government of the northwestern territory, of which we shall speak separately; the latter being considered as temporary regulations for the present governing of this region, while the principles which we have pointed out were intended as fundamental maxims, of permanent application, upon which the civil and political institutions, thereafter to be established, either by the United States, or the local authorities, were to be based.