The last Continental Congress was held in the city of New York in 1787.  The question of the government of the Western territory came up.  A committee was appointed on this subject, with Nathan Dane of Massachusetts as chairman On the 11th of July the committee reported “An Ordinance for the government of the Territory of the United States, Northwest of the Ohio.”  It embodied many of the features of Mr. Jefferson’s bill, concluding with six unalterable articles of perpetual compact, the last being the following:  “There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes, whereof the parties shall be duly convicted.”  When upon its passage, a stipulation was added for the delivery of fugitives from “labor or service:"[627] and in this shape the entire ordinance passed on the 13th of July, 1787.

Thus it is clear that under the Confederation slavery existed, a part of the political government, as a legal fact.  There was no effort made by Congress to abolish it.  Mr. Jefferson simply sought to arrest its progress, and confine it to the original thirteen States.

On the 25th of May, 1787, the convention to frame the Federal Constitution met at Philadelphia, although the day appointed was the 14th.  George Washington was chosen president, a committee chosen to report rules of proceeding, and a secretary appointed.  The sessions were held with closed doors, and all the proceedings were secret.  It contained the most eminent men in the United States,—­generals of the army, statesmen, lawyers, and men of broad scholarship.  The question of congressional apportionment was early before them, and there was great diversity of opinion.  But, as there was no census, therefore there could be no just apportionment until an enumeration of the people was taken.  Until that was accomplished, the number of delegates was fixed at sixty-five.  Massachusetts was the only State in the Union where slavery did not exist.  The Northern States desired representation according to the free inhabitants only; while all of the Southern States, where the great mass of slaves was, wanted representation according to the entire population, bond and free.  Some of the Northern delegates urged their view with great force and eloquence.  Mr. Patterson of New Jersey said he regarded slaves as mere property.  They were not represented in the States:  why should they be in the general government?  They were not allowed to vote:  why should they be represented?  He regarded it as an encouragement to the slave-trade.  Mr. Wilson of Pennsylvania said, “Are they admitted as citizens? then, why not on an equality with citizens?  Are they admitted as property? then, why is not other property admitted into the computation?” It was evident that neither extreme view could carry:  so the proposition carried to reckon three-fifths of the slaves in estimating taxes, and to make taxation the basis of representation.  New Jersey and Delaware voted Nay; Massachusetts and South Carolina were divided; and New York was not represented, her delegates having failed to arrive.