North Carolina, and Georgia each held territory not
subject to the Ordinance of 1787.

North Carolina (December, 1789), in ceding her territory west of
her present limits, provided that:

"No regulations made or to be made by Congress shall tend to
emancipate slaves."

Thus Tennessee became a slave State.

A year later (1790) Virginia consented to relinquish her remaining
territory; as Kentucky it was (June 1, 1792) admitted into the
Union and became a slave State, without ever having a separate
territorial organization.

Georgia, in 1802, ceded the territory on her west to the United
States, and provided that the Ordinance of 1787 should extend to
the ceded territory, "the article only excepted which forbids
slavery." Thus, later, Alabama and Mississippi each became a slave
State.(28)

(14) Jefferson's _Works_, vol. ix., 276.

(15) The authorship of the admirably-drawn Ordinance has been much
in dispute. Thomas H. Benton, Gov. Edward Coles, and others
attribute the authorship to Jefferson; Daniel Webster and others
to Nathan Dane, while a son of Rufus King claimed him to be the
author of the article prohibiting slavery. Wm. Frederick Poole,
in a contribution to the _North American Review_, gives much of
the credit of authorship to Mr. Dane, but the chief credit for the
formation and the entire credit for the passage of the Ordinance
to Dr. Manasseh Cutler, _St. Clair Papers_, vol. i, p. 122.

(16) On the continuing binding force of the Ordinance on States
formed out of the Northwest Territory there has been some contrariety
of opinion. In Ohio it was early held the Ordinance was more
obligatory than the State Constitution, which might be amended by
the people of the State, whereas the Ordinance could not. (5
_Ohio_, 410, 416.) But see: 10 Howard (_U. S._), 82, and 3 Howard,
589.

(17) Madison of Virginia, Rufus King of New York, Johnson of
Connecticut, Blount and Charles Pinckney of South Carolina, and
Few of Georgia were members of both bodies.--_Historical Ex._,
etc., Dred Scott Case (Benton), p. 37 _n_.

The Ordinance was adopted July 13, 1787; the Constitution was
adopted by the Convention September 17, 1787.

(18) _St. Clair Papers_, vol. i, p. 134.

(19) Dunn's _Indiana_, p. 126.

(20) _St. Clair Papers_, vol. i, pp 120-1, note. _Historical
Ex_., etc., Dred Scott Case, pp. 32-47, etc. _Political Text Book_,
1860 (McPherson), pp. 53-4.

(21) Not until 1844 did the highest cou