3. That within it there was to be neither slavery nor involuntary servitude except in punishment for crime. 4. That until such time as there were 5000 free male inhabitants twenty-one years old in the territory, it was to be governed by a governor and three judges. They could not make laws, but might adopt such as they pleased from among the laws in force in the states. After there were 5000 free male inhabitants in the territory the people were to elect a house of representatives, which in its turn was to elect ten men from whom Congress was to select five to form a council. The house and the council were then to elect a territorial delegate to sit in Congress with the right of debating, not of voting. The governor, the judges, and the secretary were to be elected by Congress. The council and house of representatives could make laws, but must send them to Congress for approval. Thus were created two more American institutions, the territory and the state formed out of the public domain. The ordinance was but a few months old when South Carolina ceded (1787) her little strip of country west of the mountains (see map on p. 157) with the express condition that it _should_ be slave soil. In 1789 North Carolina ceded what is now Tennessee on the same condition. Congress accepted both and out of them made the "Territory southwest of the Ohio River." In that slavery was allowed.[1] [Footnote 1: The only remaining land-holding state, Georgia, ceded her claim in 1802 (p. 246).] %169. Defects of the Articles of Confederation.%--While Congress at New York was framing the Ordinance of 1787, a convention of delegates from the states was framing the Constitution at Philadelphia. A very little experience under the Articles of Confederation showed them to have serious defects. _No Taxing Power_.--In the first place, Congress could not lay a tax of any kind, and as it could not tax it could not get money with which to pay its expenses and the debt incurred during the Revolution. Each of the states was in duty bound to pay its share. But this duty was so disregarded that although Congress between 1782 and 1786 called on the states for $6,000,000, only $1,000.000 was paid.