Note 443 — Chapter XII

The Ordinance for the government of the Northwestern Territory was drawn by Nathan Dane of Massachusetts. It was reported in Congress July 11th, 1787, and was passed July 13th. The committee by whom it was reported were Messrs. Carrington and R. H. Lee of Virginia, Kearney of Delaware, Smith of New York, and Mr. Dane. The clause relating to contracts was in these words: "And in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made or have force in the said territory, that shall in any manner whatever interfere with or affect private contracts or engagements, bona fide and without fraud previously formed." On the 28th of August, Mr. King moved in the Convention to insert the same clause in the Constitution; but it was opposed, and was not finally adopted until September 14, when it was incorporated in the phraseology in which it now stands in the Constitution. (Madison, Elliot, V. 485; Journal of the Convention, Elliot, I. 311.)