Territory; but he found there were slaves to a very considerable number there. The next proceeding relative to this business was, the act of Congress of May 6, 1796, enacting that the Territory Southwest of the river Ohio should be one, and should have a Governor and Council appointed. It seems that antecedent to their claiming a right to become a State of the Union, they should be declared a State by Congress; because without this declaration it would be difficult to say whether the Territory should be one or more States. In the act of cession of North Carolina of this Territory, a number of conditions were made necessary before the cession was to take place. One condition was, that the Territory so ceded, should be laid out and formed into a State or States. Who was to do this? Congress. He would observe, that this Territory might exist in one or two States without the capacity of being admitted into the United States. Because that division and cognizance by the United States must precede the time of their claiming admission to the same privileges and rank with the other States. He therefore conceived it impossible that this Territory, at any period antecedent to the United States, declaring it a State or States, should possess a right to become so. Congress was to decide, and having made this decision, they were then to become a member or members of the Union, equally with the original States. Congress would, of course, refer to the cession of North Carolina to determine whether the Territory should be divided or not; and if to be divided, into how many States? and if this had been done, then to ascertain the number of inhabitants, and thereby determine whether they were entitled or not to become a State or States of the Union. The whole proceeding was to succeed the decision of the Legislature of the United States, and if this decision did not take place, they were not entitled. the census. The number of the people in the Territory to entitle them to become a State or States, must be of inhabitants. But he thought the observations made by the gentleman from South Carolina [Mr. W. SMITH] with respect to the census which had been taken, were worthy of notice. He did not impute bad intentions to the persons concerned; but frauds might take place, at least mistakes would, in the plan adopted for taking During the time this census was taken, was the season in which there was the greatest flow of emigration into that country; and, instead of directing the inhabitants, they direct the people, within the Territory, to be taken; and instead of confining the census to be taken on a certain day, they gave it a latitude of two months, so that the same men might be taken in several different counties; indeed, a man might be taken upon every acre of land in the Union. He did not say there were any unfair means used; he hoped there were not; but the mode adopted was certainly liable to objection. It was necessary that everything in this business should be perfectly fair, as the greatest abuses might here [MAY, 1796. after be committed on the ground of an improper precedent. Why, if the people in this Territory want to come into the Union, do they not comply with the necessary means? If they were to be admitted on their present claim, it would not be from your authority, but from their own. We are to give them the same power and character with the original States, because they say they are entitled to that rank. Mr. S. asked whether this was right and proper, and whether the interest of the United States would be safe, if they were to adopt such a practice? There were many vast tracts of territory belonging to the Union, and many States might hereafter be erected; and as it had already been determined that a small State should have as great a representation as a large one in one branch of Government, it behooved them to be careful in admitting parts of their Territory into their Union, until they had due proof of their being in every respect entitled. Neither ought the request of a few persons to be attended to on this head before a State was admitted; it should appear evident that the people in general wished to change their state. otherwise, whilst they were attending to the wishes of a few, they might be acting contrary to those of the many. Mr. S. concluded by saying, that he had never read the Constitution of Tennessee, nor considered the subject till that morning; but thought they ought not to depart from principle because requested to do so. Mr. MADISON said, that no answer was necessary to the arguments of the gentleman last up, nor to those of the gentleman from South Carolina who preceded him. If they proved anything, they would go against themselves. He would make a few observations on this subject, and a few would be sufficient. The gentleman from South Carolina seemed to think that the ordinance by which this State should be admitted into the Union, required that the Territory should first be acknowledged as a State, and then have the inhabitants of it as such numbered under the authority of Congress. He thought this would be spinning a finer thread than was necessary, and would give the people reason to suppose, that the General Government was disposed to keep them in their present condition as long as possible. If the Legislature of the United States should be convinced that the Territory contained a sufficient number of inhabitants to entitle them to admission into the Union, it was matter of form only how the census had been taken, or whether the Territory had been previously acknowledged as a State by Congress, or not. The fact of population was the only necessary one. And would no evidence satisfy gentlemen but such as they themselves shall direct? He should have thought that the passing of a law for the purpose, by the Provisional Government, was safe as to the result. The Governor being appointed by Congress, and the law having his assent, and being executed under his direction, gave the measure the authority of the United States. There appeared to him no just ground for supposing the census had not been fairly taken. He would make one observation, which it appeared to him should have some weight. If there were the stipulated number of inhabitants, that Territory could not be denied its claim of becoming a State of the Union without a violation of right; but, if the inhabitants requested it, and Congress pleased to admit them before they had their full complement, the error could not be of so serious a nature. Another important consideration. The inhabitants of that district of country were at pre sent in a degraded situation; they were deprived of a right essential to freemen-the right of being represented in Congress. Laws were made without their consent, or by their consent in part only. An exterior power had authority over their laws; an exterior authority appointed their Executive, which was not analogous to the other parts of the United States, and not justified by anything but an obvious and imperious necessity. He did not mean by this to censure the regulations of their Provisional Government; but he thought where there was doubt, Congress ought to lean towards a decision which should give equal rights to every part of the American people. If there should be any inaccuracy in admitting them into the Union before they possessed the full number of inhabitants, it was only a fugitive consideration; the great emigrations which take place to that country will soon correct the error. But he did not believe there could be any doubt on the subject. He thought the evidence was sufficient and satisfactory. He would not go into detail on the subject; for if the matter appeared to the Committee as it appeared to him, they would think there was no necessity for it. [H. OF R. or not to do, what is necessary to give those benefits existence. is to put the attainment in great hazard. If, for instance, the determination as to there being one or more States might be at any time made, it is competent for Congress to postpone such determination, and when they do determine, they may divide the country in such a manner as to preclude their inhabitants forever from self-government or representation here. If it depends alone on Congress to make the enumeration, they may delay this, also, at their own will, and defeat the rights of the other party. To secure the objects the contract had in view, it appears to be necessary, then, that some limitation of time should be put to the power of Congress to divide that country into more States than one; and that, for the sake of both parties, there should be a mixed authority which should be competent to do the acts necessary for investing that country with the stipulated rights. Neither party could rely on the other doing it justice, it the power was to be in the hands of one, therefore it was extremely desirable that a power composed of both interests should have this control. Having made these observations, let us look into the contract and the Government of the country for these requisites, and there it will be found that they incontestably appear. The 11th article in the act of cession of North Carolina is in these words: "That the territory so ceded, shall be laid out and formed into a State or States, containing a suitable extent of territory, the inhabitants of which, shall enjoy all the privileges, benefits, and advantages, set forth in the ordinance of the late Congress for the government of the Western Territory of the United States; that is to say, whenever the Congress of the United States shall Mr. NICHOLAS, like the gentlemen who had cause to be officially transmitted to the Executive auspoken against the admission of Tennessee, said thority of this State, an authenticated copy of the act to he would consider the rights of that country; that ing the cession of territory made by virtue of this act, be passed by the Congress of the United States, accepthe did not wish them to receive a favor of Con-under the express conditions hereby specified; the said gress. Yor did he think they had occasion to ask one as their rights extended to everything they wished. If those gentlemen would examine the subject with him, they would find that they had at first only skimmed it. Congress shall, at the same time, assume the government of the said Territory, which they shall execute în a manner similar to that which they support in the territory West of the Ohio; shall protect the inhabitants against enemies, and shall never bar or deprive them of any privileges, which the people of the territory West of the Ohio enjoy," &c. Three objections have been made to the claims of that country, which he would consider in order. The first was, that Congress must have deterHere, then, it is clear, that the distribution into mined whether it should contain one or more one or more States must have been made immeStates before they could assume the right of self-diately after the cession. That the stipulations for government, or be admitted into the Union. The second, that, after such determination, Congress must have ascertained, by a census, taken under its own authority, that the State laid off by them, contained sixty thousand free inhabitants. In the last place, it is contended, that, if the Legislature of that country had a right to order an enumeration, the one taken appeared to be unfair. If it was considered that these people claimed by the contract to become a part of the Union, it will be thought extremely improbable that either of the two first should have been considered as the meaning of the contract. To stipulate for benefits, and at the same time to leave to the party from whom they are extcrted, the liberty to do,' the benefit of temporary Government are for the inhabitants of one or more States, thereby making the division cotemporaneous with the Territorial Government, and that unless a division was made in the commencement of the temporary Government, it never could be made. If the contract itself had not been so explicit, the reference to the condition of the Territory West of the river Ohio would require it; for the distribution of that Territory, so far as it depended on Congress, was made in their said act respecting that country. The spirit of the contract, the contract itself, in its letter and reference to the state of another country, required the division to have been immediately made, if at all; and, if it has not been done, it is a waiver of the right, and the country must remain as it is. [MAY, 1796. not been the case. It frequently happened that persons waited several weeks at some place in Holston settlement, in order to get a company sufficient to pass the wilderness, and, if time had not been given, many of those persons would have been taken. If these things were taken into view, it would be seen that the design was not, as had been unfairly represented, to take persons in different parts of the Territory, but that all the people might be enumerated. The gentleman from South Carolina said they had been very fortunate as to the number, so as just to be entitled to two Representatives; but that gentleman must know that the number of free persons was upwards of sixty-six thousand, and that for the purpose of ascertaining their quota of representation, they were entitled therefore to add thereto three-fifths of upwards of ten thousand slaves, which would make the whole number entitled to a representation of seventy-two thousand. Mr. B. said he did not think it necessary at that stage of the business to make further observations upon the subject. As to the power which is competent to make the enumeration of the country, there can be as little doubt, on attending to the subject, according to the ordinance referred to in the act of cession. Their Government was composed of a Governor, chosen by the PRESIDENT OF THE UNITED STATES, a Legislative Council, also of his appointment, and the Representatives of the people. To them, as three distinct branches of legislation, was confided the government of the Territory, and no act could be made without the concurrence of all three. The ordinance does not say who shall ascertain the fact of there being sixty thousand free inhabitants, but declares that, when that was the case, they shall be entitled to form a Government for themselves, and be admitted into the Union. The question is, by whom the fact should be ascertained? If a scheme was to be formed for an impartial execution of this contract, human ingenuity could not devise one more proper than that of their Government. The Governor and Council, under the control of the United States-the people represented by another body. If the contract was to be made anew, could any person object to leaving the power in question in their hands? With such a composition, why should this be taken out of their Legislative operations? It is to be remark-head. ed, that when they are to entitle themselves to representation in consequence of having five thousand free males, the ordinance requires that proof should be made to the Governor. In the last stage of their population, it prescribes no mode, naturally supposing that it would devolve on the Legislature of the country. It is certainly both reasonable and a safe deposite of the power. Mr. HILLHOUSE said, he was not hostile to these people being admitted as a State of the Union. He wished they might be admitted. He should wish. however, to have their boundary so settled that there might hereafter be no dispute on that He had no idea of incorporating lands within this State to which we had no right. We ought not, he said, to extend this Territory any further than the Indian line, and, when the title of the Indians became extinct, as far as the Mississippi and North Carolina boundary; but he did not wish to admit them as a State until their limits were fixed. He said they had no right to find fault with their Constitution, if it did not interfere with the Government of the United States. He did not think they should be divided; but he did not think there was any occasion for haste. He thought they would have no room to complain if they were to admit them into the Union as soon as their boundary could be settled. Some information upon the subject was necessary:Northwestern and Southwestern Territories were too indefinite expressions for assigning boundaries. The law for taking the census has itself been the foundation of objection; perhaps it might be questioned how far we have a revision of the law made with consent of the Government through another channel, but it will afford good ground for refusing what they demand of us. It must naturally have been productive of misrepresentation, to be liable to objection. It is not to be presumed that a fraudulent disposition would have discovered it in the law. The execution of it afforded much Mr. FRANKLIN said, the boundary was well assafer means of deceiving us. It is not to be be- certained. The State of North Carolina was one lieved that the law meant what is imputed to it, boundary, and in the act passed this session relabut there can be no doubt but the excess over the tive to trade and intercourse with the Indian requisite number is sufficient allowance for the tribes, the Indian boundary was settled. No one conjectured effect. At any rate, we have a dis- would wish to go beyond the Indian lines, if they cretion to admit them before they get to any cer- did they would be liable to a forfeiture of their tain state of population; and considering the cir-lands. The boundaries were as well ascertained cumstances in which they will be thrown I have no doubt, said he, but that they ought not now to be admitted. Mr. BLOUNT said, he did not think it necessary to reply to the arguments of the gentlemen from South Carolina or Massachusetts, except what related to the law directing the census to be taken. The word "people" was used, as a more definite term than inhabitant, because the inhabitants of that country are almost always traveling. He would allow it to be possible that persons might be taken in more than one place, but he believed that had as they could be, until a mathematician should go and mark them out specifically. They had not lost sight of it in the reserves in North Carolina. It was there said all the unappropriated lands should be reserved to the United States. The Committee rose, and had leave to sit again. FRIDAY, May 6. RICHARD SPRIGG, Jr., from Maryland, took his seat in the House, in the place of Mr. DUVALL, resigned. A bill for the relief of Sylvanus Bourne was twice read, and ordered to be engrossed for a third reading. The bill making provision for certain Debts of the United States, was read a third time and passed. The blanks for the sum which the PRESIDENT was entitled to borrow on an irredeemable Loan for a number of years, was filled up with five millions. The bill for repealing that part of the act relative to the District Courts of Pennsylvania being held alternately at Philadelphia and Yorktown, was read a third time and passed. The House proceeded to consider the report of the committee to whom was committed the bill, sent from the Senate, entitled "An act to amend an act, entitled 'An act to promote the progress of Useful Arts, and to repeal the act heretofore made for that purpose :" Whereupon, Ordered, That the said bill, together with the report thereupon, be recommitted to Mr. GRISWOLD, Mr. PAGE, Mr. HAVENS, Mr. MURRAY, and Mr. BRADBURY; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. Mr. S. SMITH laid a resolution, to the following effect, upon the table: [H. of R. this seemed to be the spirit of the report under consideration, and what was still worse, it went, as he understood, to renounce any right in Congress even to deliberate whether they should become a member of the Union. He was by no means desirous of opposing the wishes of this valuable and enterprising people who inhabit the Southwestern Territory, nor of unnecessarily impeding the efforts they were making to throw off the Territorial jurisdiction, and establish a system of Government for themselves; but being aware that the steps now about to be taken would be regarded and pursued hereafter as a precedent, he conceived it important that they should, in this first instance of the sort that had presented itself, proceed circumspectly and rightly. He was willing to pass a law in the present session which should at the same time provide for erecting and forming them into a State, and for admitting them as such into the Union. They should thereby effectually promote the views of the people of Tennessee, in a mode which, by avoiding the violation of any just political princíple, would entirely reconcile and render consistent the interest of that district of country and of the several United States. Mr. D. acknowledged that he should have been much better satisfied if he had found all the people "Resolved, That there be allowed and paid, for the comprehended within the Territorial line petitionyear 1796, to the Secretaries of the Treasury and Waring for this measure, and if he had seen ingrafted Departments, the Treasurer, Comptroller, Auditor, Register, Purveyor, and Attorney General, per cent. on their respective salaries, in addition thereto." ADMISSION OF TENNESSEE. The House resolved itself into a Committee of the Whole, on the report of the committee to whom was referred the Message of the PRESIDENT, relative to the Territory of the United States South of the river Ohio. in their Constitution the conditions and restrictions contained in the ordinance upon which they found the right they were claiming; but he knew that unanimity was in no instance to be expected amongst a people so numerous and scattered; and he was convinced that they were bound by the conditions and limitations he alluded to, without an acknowledgment and repetition of them in their new charter. Mr. DEARBORN said, as to the census relative to Mr. RUTHERFORD hoped the Committee would representation, it appeared doubtful, that, because concur in the report. He had no idea of confining that Territory had now 66,000 inhabitants, they that Territory to the strict legal line. He did not were entitled to two Representatives, as the other wish to cavil with this brave, generous people. States of the Union were represented according He would have them taken out of leading-strings, to the number of inhabitants they contained in the as they were now able to stand alone; it was time year 1790. It might be doubtful whether they to take them by the hand, and to say, we are glad should be entitled to an advantage which was not to see you, stand on your own feet. We should allowed to other States. It had been his opinion not, he said, be too nice about their turning out (and he saw no reasons to change) that if this their toes, or other trifles; they will soon march Territory was admitted into the Union, it was not lustily along. They had complied with every re-entitled to more than one Representative; and quisite for becoming a State of the Union-they wished to form an additional star in the political hemisphere of the United States-they have erected a State Government, and wish to come into the Union, and to resist their claim would be out of character. He hoped it would be agreed to. Mr. DAYTON said, he disapproved of the report of the committee, and of the terms in which the resolution they had recommended for the adoption of the House was expressed. He could never give his assent to any proposition which expressly or even impliedly admitted that the people inhabiting either of the Territories of the United States could, at their own mere will and pleasure, and without the declared consent of Congress, erect themselves into a separate and independent State. Yet therefore it was not necessary to make another census. As to passing a previous law recognising the Territory as a State before it was admitted into the Union, he did not think it necessary. They say they are now a State, and surely Congress would not say to them, You shall not be a State, or dictate to them what sort of a Constitution they shall have, provided it be Republican. The method taken for ascertaining their number of inhabitants, he thought, could not be objected to. He saw no reason to prevent them from accepting the Territory as a State of the Union: what number of Representatives they were entitled to, would turn upon another point. As to the boundary, it was a question of some consequence how far the district of a State should H. OF R.] Admission of Tennessee. [May, 1796. However the Committee might determine as to the sufficiency of the census to ground a ratio of representation upon, he thought it could not be doubted but it was sufficient to prove a right to form a Constitution and State Government, and to claim admission as a State into the Union. extend. He believed it would be proper to exclude there had been any fraud used in taking it, an all that part of the Territory within the Indian impeachment would lie against the Governor, who, boundary, and on that account it might be neces-upon his responsibility as an officer of the United sary to pass an act for the purpose. But he did States, sanctioned the law for taking it, and acted not think it necessary to scrutinize into the busi- under it after it was taken. ness so closely as some gentlemen seemed to imagine. From the census, it appeared they had from 60,000 to 70,000 inhabitants. They had taken upon themselves to form a State had formed a Constitution, and declared they were a State; and it would not become Congress, on light ground, to say they were not a State. Besides, he could not see the propriety of adopting any measure which might tend to irritate them. They formed an extensive frontier-were very far detached from the Atlantic States. We should rather, he said, think of conciliating than irritating them; and, though they may not have precisely adhered to the exact line of propriety, in every particular, it was the duty of that House to receive them as a State of the Union. Mr. W. LYMAN said the subject presented itself in two points of view-as it related to the Territory being admitted as a State into the Union, or as giving them a right to send members to Congress. In his opinion, according to the ordinance of Congress, they had a clear right to be admitted as a State into the Union; for it was there said, that when they had 60.000 inhabitants, they should be entitled. No mode is pointed out how it shall be ascertained; but the Governor being expressly mentioned in the case where 5,000 inhabitants he thought there could be no doubt but the same way was to be observed with respect to their qualification for becoming one of the States of the Union. This fact, he said, came fully ascertained, and being so, there could be no doubt the right was clear. It was a right, indeed, which they could not deny, and, as a matter of expediency, it was not worth while to oppose it. He saw no reason why they should call in question the proceedings r the purity of the Government of that Territory, so as to doubt their return. Mr. BLOUNT said the House should have determined upon this question long since, as the Go-were to entitle them to a temporary Government, vernment of Tennessee had a month ago gone into operation. The people there had chosen not only their State officers, but their Senators, and perhaps their Representatives, to come to Congress. The Governor had, from time to time, informed the PRESIDENT OF THE UNITED STATES of every step taken towards the proposed change of government. In July, he sent him a copy of the law directing the census to be taken; in November, when the census was completed. he sent him a copy of it, and a copy of his Proclamation requiring the people to elect members of Convention As to any particular expression in the resolufor the purpose of forming a Constitution and State tion, he had no objection to have it altered; but Government; and on the 19th of February he sent he thought the resolution before them, or somehim a copy of the Constitution, with notice that thing like it, should be agreed to. The new Goon the 28th of March, when the General Assem-vernment was put into execution, and it would bly of the State of Tennessee would meet to act on the Constitution, the temporary Government would cease; and this last information was, to his knowledge, received on the 28th of February-agreed to. forty days before it was communicated by the PRESIDENT to Congress, and eleven days after it must have been known to the Secretary of State, if not to the PRESIDENT, that the State Government had gone into operation. produce ill effects to oppose it. No evil would arise from agreeing to it, but to disagree to it might cause great evils: he hoped it would therefore be Mr. DAYTON said that he preferred the formation of the Southwestern Territory into one State, to a division of it into two, and he therefore did not agree with those gentlemen who had advocated the latter idea. The people had requested to What would be the consequence, said Mr. B., be united into one State, and he was for complyof refusing at this time, and under these circum-ing with their request, and for taking them at their stances, to receive this State into the Union? Did gentlemen wish to re-establish a temporary Territorial Government there? If they did, he believed their wish would not easily be accomplished; for the people there believed, that in changing their Government, they only exercised a right which had been secured to them by a sacred compact; and under that belief, they will be disposed to defend it. That right was, in his opinion, recognised by the Government of the United States, when Mr. WHITE was permitted to take his seat in that House as the Representative of the Territory; and from that circumstance they had reason to expect that 67,000 inhabitants would have entitled them, without scruple, to be a member of the Union. If the census was not a just one, or if word, rather than by subdividing to give them a double representation in the Senate. He would not be understood as having said that he considered the census they had caused to be taken a proper one upon which to found the true ratio of representation, but only as sufficient evidences to justify Congress in passing the act which he proposed, especially as they might be formed into a State, even though their numbers did not amount to 60,000. It would be necessary to direct by a Legislative provision, and under similar restrictions and regulations to those prescribed for the States on a like occasion, the taking of a new census, which may be done in season to enable their Representative to take a seat at the next session. He held in his hand a resolution which |