be liable to be taxed proportionately for the public expenses; that the legislatures in the territory shall never interfere with the primary disposal of the soil by congress, nor with their regulations for securing the title to the soil to purchasers; that no tax shall be imposed on lands, the property of the United States; and nonresident proprietors shall not be taxed more than residents; that the navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same shall be common highways, and for ever free. The fifth provides, that there shall be formed in the territory not less than three, nor more than five states with certain boundaries; and whenever any of the said states shall contain 60,000 free inhabitants, such state shall (and may before) be admitted by its delegates into congress 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 it shall be republican, and in conformity to these articles of compact. The sixth and last provides, that there shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes; but fugitives from other states, owing service therein, may be reclaimed.1 Such is a brief outline of this most important ordinance, the effects of which upon the destinies of the country have already been abundantly demonstrated in the territory, by an almost unexampled prosperity and rapidity of population, by the formation of republican governments, and by an enlightened system of jurisprudence. Already three states, composing a part of that territory, 1 See 3 Story's Laws of United States App. 2073, &c.; 1 Tucker's Black. Comm. App. 278, 282. have been admitted into the Union; and others are fast advancing towards the same grade of political dignity.' § 1313. It was doubtless with reference principally to this territory, that the article of the constitution, now under consideration, was adopted. The general precaution, that no new states shall be formed without the concurrence of the national government, and of the states concerned, is consonant to the principles, which ought to govern all such transactions. The particular precaution against the erection of new states by the partition of a state without its own consent, will quiet the jealousy of the larger states; as that of the smaller will also be quieted by a like precaution against a junction of states without their consent. Under this provision no less than eleven states have, in the space of little more than forty years, been admitted into the Union upon an equality with the original states. And it scarcely requires the spirit of prophecy to foretell, that in a few years the predominance of numbers, of population, and of power will be unequivocally transferred from the old to the new states. May the patriotic wish be for ever true to the fact, felix prole parens. § 1314. Since the adoption of the constitution large acquisitions of territory have been made by the United States, by the purchase of Louisiana and Florida, and by the cession of Georgia, which have greatly increased the contemplated number of states. The constitution 1 In Mr. Webster's Speech on Mr. Foote's Resolution, in Jan. 1830, there is a very interesting and powerful view of this subject, which will amply repay the diligence of a deliberate perusal. See Webster's Speeches, &c. p. 360 to 364; Id. 369. It is well known, that the ordinance of 1787 was drawn by the Hon. Nathan Dane of Massachusetts, and adopted with scarcely a verbal alteration by Congress. It is a noble and imperishable monument to his fame. 2 The Federalist, No. 43. ality of the two former acquisitions, though formerly much questioned, is now considered settled beyond any practical doubt.1 § 1315. At the time, when the preliminary measures were taken for the admission of the state of Missouri into the Union, an attempt was made to include a restriction, prohibiting the introduction of slavery into that state, as a condition of the admission. On that occasion the question was largely discussed, whether congress possessed a constitutional authority to impose such a restriction, upon the ground, that the prescribing of such a condition is inconsistent with the sovereignty of the state to be admitted, and its equality with the other states. The final result of the vote, which authorized the erection of that state, seems to establish the rightful authority of congress to impose such a restriction, although it was not then applied. In the act passed for this purpose, there is an express clause, that in all the territory ceded by France to the United States under the name of Louisiana, which lies north of 36° 30' N. Lat., not included within the limits of the state of Missouri, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby for ever prohibited. An objection of a similar character was taken to the compact between Virginia and Kentucky upon the ground, that it was a restriction upon state sovereignty. But the Supreme Court had no hesita 1 See Ante, Vol. iii. p. 156, § 1278 to § 1283; American Insurance Company v. Canter, 1 Peters's Sup. R. 511, 542. 2 Act. 6, March 1820, ch. 20.- The same subject was immediately afterwards much discussed in the state legislatures; and opposite opinions were expressed by different states in the form of solemn resolutions. tion in overruling it, considering it as opposed by the theory of all free governments, and especially of those, which constitute the American Republics.1 1 Green v. Biddle, 8 Wheat. R. 1, 87, 88. CHAPTER XXXI. POWERS OF CONGRESS-TERRITORIAL GOVERN- 66 § 1316. THE next clause of the same article is, "The congress shall have power to dispose of and make all "needful rules and regulations respecting the territory "and other property belonging to the United States; "and nothing in this constitution shall be so construed, "as to prejudice any claims of the United States, or "of any particular state." The proviso thus annexed to the power is certainly proper in itself, and was probably rendered necessary by the jealousies and questions concerning the Western territory, which have been already alluded to under the preceding head. It was perhaps suggested by the clause in the ninth article of the confederation, which contained a proviso, "that no state shall be deprived of territory for the benefit of the United States." § 1317. The power itself was obviously proper, in order to escape from the constitutional objection already stated to the power of congress over the territory ceded to the United States under the confederation. The clause was not in the original draft of the constitution; but was added by the vote of ten states against one." § 1318. As the general government possesses the right to acquire territory, either by conquest, or by treaty, it would seem to follow, as an inevitable consequence, |