States that may be admitted into the Confederacy, without any tax, impost, or duty therefor. The ART. 5th. 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 Vincent's,1 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 2 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. eastern State 3 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. ART. 6th. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punish 1 Vincennes, Indiana. The State described includes Illinois, Wisconsin, and parts of Minnesota and Michigan. 2 Indiana and part of Michigan. Ohio and part of Michigan. ment 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 23rd of April 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void. SELECTIONS FROM NOTES OF THE DEBATES IN THE FEDERAL CONVENTION AT PHILADELPHIA 1 May-September 1787 (a) The Randolph, or Virginia Resolutions. 29 May (Madison's notes) Mr. RANDOLPH then opened the main business. He expressed his regret, that it should fall to him, rather than those, who were of longer standing in life and political experience, to open the great subject of their mission. But, as the convention had originated from Virginia, and his colleagues supposed that some proposition was expected from them, they had imposed this task on him. He then commented on the difficulty of the crisis, and the 1 The sessions of the Federal Convention were secret, and no official report was made of the debates; but several members made notes of the proceedings. Madison's notes were first published in 1840, and have many times been reprinted, the best edition being that of Gaillard Hunt and J. B. Scott (Debates in the Federal Convention of 1787, Oxford Univ. Press, American Branch, 1920). Next in importance are the notes of Robert Yates of New York, published as Secret Proceedings and Debates (Albany, 1821; a cheap reprint may be obtained from the Superintendent of Documents, Washington). Madison's and Yates's notes, with briefer memoranda by other delegates, the official journal, and many illustrative documents, are published by the Department of State as the Documentary History of the Constitution (5 vols., Washington, 1894-1905, obtainable from same source). A handier but more expensive compilation is Records of the Federal Convention (Max Farrand ed.), 3 vols., Yale University Press and Oxford, 1911. See also note to Virginia Convention, below, p. 307. necessity of preventing the fulfilment of the prophecies of the American downfall. He observed that in revising the foederal system we ought to inquire (1) into the properties which such a government ought to possess, (2) the defects of the Confederation, (3) the danger of our situation, and (4) the remedy. 1. The character of such a government ought to secure (1) against foreign invasion; (2) against dissentions between members of the Union, or seditions in particular States; (3) to procure to the several States various blessings, of which an isolated situation was incapable; (4) to be able to defend itself against incroachment; and (5) to be paramount to the State Constitutions. 2. In speaking of the defects of the Confederation he professed a high respect for its authors, and considered them as having done all that patriots could do, in the then infancy of the science of constitutions and of confederacies-when the inefficiency of requisitions was unknown-no commercial discord had arisen among any States-no rebellion had appeared as in Massachusetts-foreign debts had not become ✩ urgent-the havoc of paper money had not been foreseentreaties had not been violated—and perhaps nothing better could be obtained from the jealousy of the States with regard to their sovereignty. He then proceeded to enumerate the defects: (1) that the Confederation produced no security against foreign invasion; Congress not being permitted to prevent a war nor to support it by their own authority. Of this he cited many examples; most of which tended to shew that they could not cause infractions of treaties or of the law of nations to be punished; that particular States might by their conduct provoke war without controul; and that neither militia nor drafts being fit for defence on such occasions, enlistments only could be successful, and these could not be executed without money. (2) That the fœderal government could not check the quarrels between States, nor a rebellion in any, not having constitutional power nor means to interpose according to the exigency. (3) That there were many advantages which the United States might acquire, which were not attainable under the Confederation such as a productive impost, counteraction of the commercial regulations of other nations, pushing of commerce ad libitum, etc., etc. (4) That the foederal govern ment could not defend itself against incroachments from the States. (5) That it was not even paramount to the State Constitutions, ratified, as it was in many of the States. 3. He next reviewed the danger of our situation, and appealed to the sense of the best friends of the United States -the prospect of anarchy from the laxity of government everywhere; and to other considerations. 4. He then proceeded to the remedy; the basis of which he said must be the republican principle. He proposed as conformable to his ideas the following resolutions, which he explained one by one. RESOLUTIONS PROPOSED BY MR. RANDOLPH IN CON- 1. Resolved, that the Articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, common defence, security of liberty and general welfare. 2. Resolved therefore, that the rights of suffrage in the National Legislature ought to be proportioned to the quotas. of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases. 3. Resolved, that the National Legislature ought to consist of two branches. 4. Resolved, that the members of the first branch of the National Legislature ought to be elected by the people of the several States every for the term of to be of the age of years at least, to receive liberal stipends by which they may be compensated for the devotion of their time to the public service; to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the first branch, during the term of service, and for the space of after its expiration; to be incapable of re-election for the space of after the expiration of their term of service,1 and to be subject to recall. 5. Resolved, that the members of the second branch of the National Legislature ought to be elected by those of the first,out of a proper number of persons nominated by the individual Legislatures, to be of the age of years at least; to 1 Cf. Constitution, art. i, s. vi, § 2. hold their offices for a term sufficient to ensure their independence; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service; and to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service, and for the space of after the expiration thereof.1 6. Resolved, that each branch ought to possess the right of originating Acts; that the National Legislature ought to be impowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several States, contravening, in the opinion of the National Legislature the articles of Union; 2 and to call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof. 7. Resolved, that a National Executive be instituted; to be chosen by the National Legislature for the term of years, to receive punctually at stated times, a fixed compensation for the services rendered, in which no increase nor diminution shall be made so as to affect the magistracy, existing at the time of increase or diminution, and to be Vineligible a second time; 3 and that besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation. 8. Resolved, that the Executive and a convenient number of the National Judiciary, ought to compose a Council of Revision with authority to examine every Act of the National Legislature before it shall operate, and every Act of a particular Legislature before a negative thereon shall be final; and that the dissent of the said Council shall amount to a rejection, unless the Act of the National Legislature be again passed, or that of a particular Legislature be again negatived by of the members of each branch. Resolved, that a National Judiciary be established to 1 Cf. Constitution, art. i, s. vi, § 2. 2 The phrase or any treaty subsisting under the authority of the Union' is here added in the transcript. 3 Cf. Constitution, art. i, s. i, § 7. |