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dowed with the inalienable rights of life, liberty and the pursuit of happiness," just as the first continental congress resolved and in almost the same language on October 14, 1774, when Washington, Jay, John Adams, Samuel Adams and others of the most sober and temperate sense were present and gave their voice to those principles.

On November 15, 1777, the congress formulated the articles of confederation. It was signed by the delegates of the several states and congress met under it on March 2, 1781. Among other things the articles provided that "the people of each state shall have free egress and regress to and from any other state and shall enjoy therein all the privileges of trade and commerce subject to the same duties, impositions and restrictions as the inhabitants thereof respectively."

On December 20, 1783, the assembly of Virginia ceded to the United States for the benefit of the states the territory northwest of the Ohio river "upon condition that it be laid out and formed into states having the rights of sovereignty, freedom and independence of the other states." And on March 1, 1784, Thomas Jefferson and James Monroe, with others, executed the deed of Virginia, conveying that territory to the United States.

On July 13, 1787, the congress, under the articles of confederation, passed an ordinance for the government of the northwestern territory, so ceded by Virginia. It was declared therein to be the purpose of that ordinance to "extend the fundamental principles of civil and religous liberty which form the basis whereon these republics, their laws and constitutions are

erected," and "to fix and establish those principles as the basis of all laws, constitutions and governments which forever hereafter shall be formed in said territory." The ordinance provided for the liberties expressed afterward in the bill of rights of the constitution. It provided that as to Indians “their lands and property shall never be taken from them without their consent;" that taxes should be uniform and should be laid by the "legislatures of the district or districts or new states as in the original states," and that the constitution and government of the states to be formed out of said territory should be republican and that slavery should never exist in said territory.

The first congress which sat under the constitution passed an act in 1789 for the enforcement of the ordinance of 1787. And sixteen of the thirty-nine framers of the constitution were members of this congress and voted for the act. Robert Sherman, Robert Morris and George Clymer, who signed the declaration of independence, were included in those sixteen members mentioned. Roger Sherman and George Washington, as before shown, participated in the association of October 20, 1774, and George Washington as president of the United States approved this bill as to the northwestern territory enforcing the ordinance of 1787.

On September 17, 1787, the constitution of the United States was signed by the delegates in congress, and this constitution reached back to the principles enunciated by the feeble legislatures of the Massachusetts and Virginia colonies and welded them indissolubly into the organic law of a "more perfect union." Representatives and direct taxes were apportioned

among the several states according to their respective numbers, which numbers should be determined, in a manner since amended, excluding, however, “Indians not taxed." Duties, imports and excises were provided to be uniform throughout the states and to be levied to pay debts and provide for the common defense and welfare. No preference was to be given over the ports of any state; no duties should be laid on the exports of any state; the citizens of each state had the rights, privileges and immunities of the citizens in the several states and were declared to be entitled to the equal protection of the laws.

The constitution was adopted to secure the blessings of that liberty which had been acquired in the revolutionary war. Of course the constitution does not expressly say that congress shall not tax people outside of the states living in a disconnected territory without giving them representation. It does not say that the people of the islands of the sea shall be forever free from the dominion of congress or the president. How could the fathers anticipate such a contingency as that? Could they foresee that the constitution would be held by this generation not to forbid that form of oppression as to islanders of the sea which the arbitrary power of parliament had imposed upon the American colonists? They did all that men could have done, by devotion, by money, by all forms of sacrifice and by their lives, to embody into the organic law of the land the great principle that taxation and representation must go hand in hand and that taxation without representation is tyranny.

Can therefore a republic so founded be constitution

ally capable of tyranny? The men had gone to war because they were taxed without representation; because no tax could be imposed upon the colonists without their consent; because they were entitled to life, liberty and property, and no foreign power had the right to dispose of either without their consent. These principles characterize every document and every organic instrument executed by them and were reiterated by them on all official occasions so as never to leave any doubt that they regarded these things as axiomatic and cardinal truths, absolutely impregnable from assault or qualification.

The declaration and resolves of the first continental congress of October 14, 1774, contained the same principles as the declaration of independence expressed in practically the same language. And yet among those who were in that congress and who also signed the constitution of the United States we find the names of George Washington, John Rutledge and Roger Sherman.

Those who signed both the declaration of independence and the articles of confederation were:

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Those who signed the articles of confederation and the constitution were:

Roger Sherman,

Robert Morris,

Gouverneur Morris,

Daniel Carroll.

Those who signed the declaration of independence and the constitution were:

Roger Sherman,

Benjamin Franklin,

James Wilson,

Robert Morris,

George Clymer,
George Reed.

In 1803, when Louisiana was acquired, and in 1819, when Florida was acquired, no one dreamed of perpetuating a colonial government upon either of them. Their inhabitants were made citizens. Their territory was prepared for the creation of sovereign states, as the northwestern territory had been prepared by the ordinance of 1787 and the act of congress of 1789. When the Mexican territory was acquired in 1848 the treaty provided that the Mexicans were free to retain the title and rights of Mexican citizens or to acquire those of citizens of the United States, and the executive policy of President Polk was in strict harmony with the fundamental principles which had been endowed with immortal life and vigor by Washington, Franklin, Jefferson, Jay, Sherman and the other fathers of American liberty.

When the Mexican treaty was ratified James Buchanan, secretary of state under Polk, announced the following policy as to California, which had been ceded by that treaty:

"This government de facto will, of course, exercise no power inconsistent with the provisions of the constitution of the United States, which is the supreme law of the land. For this reason no import duties can

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