Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/197

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 apart of that territory,

---

1. See 3 Story's Laws of United States App. 2073, &c.; 1 Tucker's Black. Comm. App. 278, 282.