Founding America: Documents from the Revolution to the Bill of Rights (41 page)

Art. 2. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature ; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person’s property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and 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.

Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be 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.

Art. 4. 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 alterations 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 nonresident 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. 5. 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 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 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 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 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. 6. 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 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.

Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth.

EVEN BEFORE HIS DECISIVEvictory at Yorktown in October 1781, George Washington had become the leading symbol—or the more-than-symbolic leader—of the American Revolution. By 1783 he was also becoming the most prominent and fervent advocate of American nationalism. Washington’s eight years as commander-in-chief of the Continental Army seemed to embody the collective sacrifices and commitments required for victory. But Washington’s vision of the American nation transcended the mere securing of independence from Britain. It was also deeply tied to the development of the interior and the generous territorial settlement that the American peace commissioners (John Jay, John Adams, and Benjamin Franklin) had secured with the Treaty of Paris. Washington had been interested in these lands since his youth, and with the arrival of peace in 1783 he looked forward to resigning his command and returning to the active management of his Mount Vernon plantation and other lands he owned.

Washington again demonstrated his commitment to republican principles during the spring of 1783. Many of his subordinates within the officer corps were angry at Congress over issues of pay and pensions, and their discontent seemed to be verging toward mutiny when Washington appeared at a general meeting called to discuss their grievances. With a single gesture and a well-delivered speech, Washington defused the officers’ anger, reminding them that they had a higher calling than the fulfillment of their own ambitions.

As he prepared to retire from the army, Washington also took a role in urging the states to support the broad purposes of the Union. One of those purposes included the settlement of the national domain created by state cessions of territory above the Ohio River. Here Washington took an active role by giving Congress his ideas about the policy it should now follow toward Native Americans. Shortly afterward, he took his farewell from the army, leaving the soldiers with a final testament to their service and duty.

HEAD QUARTERS, NEWBURGH, MARCH 15,1783.

GENTLEMEN: BY AN ANONYMOUS summons, an attempt has been made to convene you together; how inconsistent with the rules of propriety! how unmilitary! and how subversive of all order and discipline, let the good sense of the Army decide.

In the moment of this Summons, another anonymous production was sent into circulation, addressed more to the feelings and passions, than to the reason and judgment of the Army. The author of the piece, is entitled to much credit for the goodness of his Pen and I could wish he had as much credit for the rectitude of his Heart, for, as Men see thro’ different Optics, and are induced by the reflecting faculties of the Mind, to use different means, to attain the same end, the Author of the Address, should have had more charity, than to mark for Suspicion, the Man who should recommend moderation and longer forbearance, or, in other words, who should not think as he thinks, and act as he advises. But he had another plan in view, in which candor and liberality of Sentiment, regard to justice, and love of Country, have no part; and he was right, to insinuate the darkest suspicion, to effect the blackest designs.

That the Address is drawn with great Art, and is designed to answer the most insidious purposes. That it is calculated to impress the Mind, with an idea of premeditated injustice in the Sovereign power of the United States, and rouse all those resentments which must unavoidably flow from such a belief. That the secret mover of this Scheme (whoever he may be) intended to take advantage of the passions, while they were warmed by the recollection of past distresses, without giving time for cool, deliberative thinking, and that composure of Mind which is so necessary to give dignity and stability to measures is rendered too obvious, by the mode of conducting the business, to need other proof than a reference to the proceeding.

Thus much, Gentlemen, I have thought it incumbent on me to observe to you, to shew upon what principles I opposed the irregular and hasty meeting which was proposed to have been held on Tuesday last: and not because I wanted a disposition to give you every oppertunity consistent with your own honor, and the dignity of the Army, to make known your grievances. If my conduct heretofore, has not evinced to you, that I have been a faithful friend to the Army, my declaration of it at this time wd. be equally unavailing and improper. But as I was among the first who embarked in the cause of our common Country. As I have never left your side one moment, but when called from you on public duty. As I have been the constant companion and witness of your Distresses, and not among the last to feel, and acknowledge your Merits. As I have ever considered my own Military reputation as inseperably connected with that of the Army. As my Heart has ever expanded with joy, when I have heard its praises, and my indignation has arisen, when the mouth of detraction has been opened against it, it can scarcely be supposed, at this late stage of the War, that I am indifferent to its interests. But, how are they to be promoted? The way is plain, says the anonymous Addresser. If War continues, remove into the unsettled Country; there establish yourselves, and leave an ungrateful Country to defend itself. But who are they to defend? Our Wives, our Children, our Farms, and other property which we leave behind us. or, in this state of hostile seperation, are we to take the two first (the latter cannot be removed), to perish in a Wilderness, with hunger, cold and nakedness? If Peace takes place, never sheath your Swords Says he untill you have obtained full and ample justice; this dreadful alternative, of either deserting our Country in the extremest hour of her distress, or turning our Arms against it, (which is the apparent object, unless Congress can be compelled into instant compliance) has something so shocking in it, that humanity revolts at the idea. My God! what can this writer have in view, by recommending such measures? Can he be a friend to the Army? Can he be a friend to this Country? Rather, is he not an insidious Foe? Some Emissary, perhaps, from New York, plotting the ruin of both, by sowing the seeds of discord and seperation between the Civil and Military powers of the Continent? And what a Compliment does he pay to our Understandings, when he recommends measures in either alternative, impracticable in their Nature?

But here, Gentlemen, I will drop the curtain, because it wd. be as imprudent in me to assign my reasons for this opinion, as it would be insulting to your conception, to suppose you stood in need of them. A moment’s reflection will convince every dispassionate Mind of the physical impossibility of carrying either proposal into execution.

There might, Gentlemen, be an impropriety in my taking notice, in this Address to you, of an anonymous production, but the manner in which that performance has been introduced to the Army, the effect it was intended to have, together with some other circumstances, will amply justify my observations on the tendency of that Writing. With respect to the advice given by the Author, to suspect the Man, who shall recommend moderate measures and longer forbearance, I spurn it, as every Man, who regards that liberty, and reveres that justice for which we contend, undoubtedly must; for if Men are to be precluded from offering their Sentiments on a matter, which may involve the most serious and alarming consequences, that can invite the consideration of Mankind, reason is of no use to us; the freedom of Speech may be taken away, and, dumb and silent we may be led, like sheep, to the Slaughter.