An Ordinance for the government of the
Territory of the United States northwest of the River Ohio
Section 1. Be it ordained by the United States
in Congress assembled, That the said territory, for the purposes of
temporary government, be one district, subject, however, to be divided
into two districts, as future circumstances may, in the opinion of
Congress, make it expedient.
Sec 2. Be it ordained by the authority
aforesaid, That the estates, both of resident and nonresident
proprietors in the said territory, dying intestate, shall descent to,
and be distributed among their children, and the descendants of a
deceased child, in equal parts; the descendants of a deceased child or
grandchild to take the share of their deceased parent in equal parts
among them: And where there shall be no children or descendants, then in
equal parts to the next of kin in equal degree; and among collaterals,
the children of a deceased brother or sister of the intestate shall
have, in equal parts among them, their deceased parents' share; and
there shall in no case be a distinction between kindred of the whole and
half blood; saving, in all cases, to the widow of the intestate her
third part of the real estate for life, and one third part of the
personal estate; and this law relative to descents and dower, shall
remain in full force until altered by the legislature of the district.
And until the governor and judges shall adopt laws as hereinafter
mentioned, estates in the said territory may be devised or bequeathed by
wills in writing, signed and sealed by him or her in whom the estate may
be (being of full age), and attested by three witnesses; and real
estates may be conveyed by lease and release, or bargain and sale,
signed, sealed and delivered by the person being of full age, in whom
the estate may be, and attested by two witnesses, provided such wills be
duly proved, and such conveyances be acknowledged, or the execution
thereof duly proved, and be recorded within one year after proper
magistrates, courts, and registers shall be appointed for that purpose;
and personal property may be transferred by delivery; saving, however to
the French and Canadian inhabitants, and other settlers of the
Kaskaskies, St. Vincents and the neighboring villages who have
heretofore professed themselves citizens of Virginia, their laws and
customs now in force among them, relative to the descent and conveyance,
of property.
Sec. 3. Be it ordained by the authority
aforesaid, That there shall be appointed from time to time by Congress,
a governor, whose commission shall continue in force for the term of
three years, unless sooner revoked by Congress; he shall reside in the
district, and have a freehold estate therein in 1,000 acres of land,
while in the exercise of his office.
Sec. 4. There shall be appointed from time to
time by Congress, a secretary, whose commission shall continue in force
for four years unless sooner revoked; he shall reside in the district,
and have a freehold estate therein in 500 acres of land, while in the
exercise of his office. It shall be his duty to keep and preserve the
acts and laws passed by the legislature, and the public records of the
district, and the proceedings of the governor in his executive
department, and transmit authentic copies of such acts and proceedings,
every six months, to the Secretary of Congress: There shall also be
appointed a court to consist of three judges, any two of whom to form a
court, who shall have a common law jurisdiction, and reside in the
district, and have each therein a freehold estate in 500 acres of land
while in the exercise of their offices; and their commissions shall
continue in force during good behavior.
Sec. 5. The governor and judges, or a majority
of them, shall adopt and publish in the district such laws of the
original States, criminal and civil, as may be necessary and best suited
to the circumstances of the district, and report them to Congress from
time to time: which laws shall be in force in the district until the
organization of the General Assembly therein, unless disapproved of by
Congress; but afterwards the Legislature shall have authority to alter
them as they shall think fit.
Sec. 6. The governor, for the time being, shall
be commander in chief of the militia, appoint and commission all
officers in the same below the rank of general officers; all general
officers shall be appointed and commissioned by Congress.
Sec. 7. Previous to the organization of the
general assembly, the governor shall appoint such magistrates and other
civil officers in each county or township, as he shall find necessary
for the preservation of the peace and good order in the same: After the
general assembly shall be organized, the powers and duties of the
magistrates and other civil officers shall be regulated and defined by
the said assembly; but all magistrates and other civil officers not
herein otherwise directed, shall during the continuance of this
temporary government, be appointed by the governor.
Sec. 8. For the prevention of crimes and
injuries, the laws to be adopted or made shall have force in all parts
of the district, and for the execution of process, criminal and civil,
the governor shall make proper divisions thereof; and he shall proceed
from time to time as circumstances may require, to lay out the parts of
the district in which the Indian titles shall have been extinguished,
into counties and townships, subject, however, to such alterations as
may thereafter be made by the legislature.
Sec. 9. So soon as there shall be five thousand
free male inhabitants of full age in the district, upon giving proof
thereof to the governor, they shall receive authority, with time and
place, to elect a representative from their counties or townships to
represent them in the general assembly: Provided, That, for every five
hundred free male inhabitants, there shall be one representative, and so
on progressively with the number of free male inhabitants shall the
right of representation increase, until the number of representatives
shall amount to twenty five; after which, the number and proportion of
representatives shall be regulated by the legislature: Provided, That no
person be eligible or qualified to act as a representative unless he
shall have been a citizen of one of the United States three years, and
be a resident in the district, or unless he shall have resided in the
district three years; and, in either case, shall likewise hold in his
own right, in fee simple, two hundred acres of land within the same;
Provided, also, That a freehold in fifty acres of land in the district,
having been a citizen of one of the states, and being resident in the
district, or the like freehold and two years residence in the district,
shall be necessary to qualify a man as an elector of a representative.
Sec. 10. The representatives thus elected, shall
serve for the term of two years; and, in case of the death of a
representative, or removal from office, the governor shall issue a writ
to the county or township for which he was a member, to elect another in
his stead, to serve for the residue of the term.
Sec. 11. The general assembly or legislature
shall consist of the governor, legislative council, and a house of
representatives. The Legislative Council shall consist of five members,
to continue in office five years, unless sooner removed by Congress; any
three of whom to be a quorum: and the members of the Council shall be
nominated and appointed in the following manner, to wit: As soon as
representatives shall be elected, the Governor shall appoint a time and
place for them to meet together; and, when met, they shall nominate ten
persons, residents in the district, and each possessed of a freehold in
five hundred acres of land, and return their names to Congress; five of
whom Congress shall appoint and commission to serve as aforesaid; and,
whenever a vacancy shall happen in the council, by death or removal from
office, the house of representatives shall nominate two persons,
qualified as aforesaid, for each vacancy, and return their names to
Congress; one of whom congress shall appoint and commission for the
residue of the term. And every five years, four months at least before
the expiration of the time of service of the members of council, the
said house shall nominate ten persons, qualified as aforesaid, and
return their names to Congress; five of whom Congress shall appoint and
commission to serve as members of the council five years, unless sooner
removed. And the governor, legislative council, and house of
representatives, shall have authority to make laws in all cases, for the
good government of the district, not repugnant to the principles and
articles in this ordinance established and declared. And all bills,
having passed by a majority in the house, and by a majority in the
council, shall be referred to the governor for his assent; but no bill,
or legislative act whatever, shall be of any force without his assent.
The governor shall have power to convene, prorogue, and dissolve the
general assembly, when, in his opinion, it shall be expedient.
Sec. 12. The governor, judges, legislative
council, secretary, and such other officers as Congress shall appoint in
the district, shall take an oath or affirmation of fidelity and of
office; the governor before the president of congress, and all other
officers before the Governor. As soon as a legislature shall be formed
in the district, the council and house assembled in one room, shall have
authority, by joint ballot, to elect a delegate to Congress, who shall
have a seat in Congress, with a right of debating but not voting during
this temporary government.
Sec. 13. And, for extending the fundamental
principles of civil and religious liberty, which form the basis whereon
these republics, their laws and constitutions are erected; to fix and
establish those principles as the basis of all laws, constitutions, and
governments, which forever hereafter shall be formed in the said
territory: to provide also for the establishment of States, and
permanent government therein, and for their admission to a share in the
federal councils on an equal footing with the original States, at as
early periods as may be consistent with the general interest:
Sec. 14. It is hereby ordained and declared by
the authority aforesaid, That the following articles shall be considered
as articles of compact between the original States and the people and
States in the said territory and forever remain unalterable, unless by
common consent, to wit:
Art. 1. No person, demeaning himself in a
peaceable and orderly manner, shall ever be molested on account of his
mode of worship or religious sentiments, in the said territory.
Art. 2. The inhabitants of the said territory
shall always be entitled to the benefits of the writ of habeas corpus,
and of the trial by jury; of a proportionate representation of the
people in the legislature; and of judicial proceedings according to the
course of the common law. All persons shall be bailable, unless for
capital offenses, where the proof shall be evident or the presumption
great. All fines shall be moderate; and no cruel or unusual punishments
shall be inflicted. No man shall be deprived of his liberty or property,
but by the judgment of his peers or the law of the land; and, should the
public exigencies make it necessary, for the common preservation, to
take any person's property, or to demand his particular services, full
compensation shall be made for the same. 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.
Art. 3. Religion, morality, and knowledge, being
necessary to good government and the happiness of mankind, schools and
the means of education shall forever be encouraged. The utmost good
faith shall always be observed towards the Indians; their lands and
property shall never be taken from them without their consent; and, in
their property, rights, and liberty, they shall never be invaded or
disturbed, unless in just and lawful wars authorized by Congress; but
laws founded in justice and humanity, shall from time to time be made
for preventing wrongs being done to them, and for preserving peace and
friendship with them.
Art. 4. The said territory, and the States which
may be formed therein, shall forever remain a part of this Confederacy
of the United States of America, subject to the
Articles
of Confederation, and to such alterations therein as shall be
constitutionally made; and to all the acts and ordinances of the United
States in Congress assembled, conformable thereto. The inhabitants and
settlers in the said territory shall be subject to pay a part of the
federal debts contracted or to be contracted, and a proportional part of
the expenses of government, to be apportioned on them by Congress
according to the same common rule and measure by which apportionments
thereof shall be made on the other States; and the taxes for paying
their proportion shall be laid and levied by the authority and direction
of the legislatures of the district or districts, or new States, as in
the original States, within the time agreed upon by the United States in
Congress assembled. The legislatures of those districts or new States,
shall never interfere with the primary disposal of the soil by the
United States in Congress assembled, nor with any regulations Congress
may find necessary for securing the title in such soil to the bona fide
purchasers. No tax shall be imposed on lands the property of the United
States; and, in no case, shall nonresident proprietors be taxed higher
than residents. The navigable waters leading into the Mississippi and
St. Lawrence, and the carrying places between the same, shall be common
highways and forever free, as well to the inhabitants of the said
territory as to the citizens of the United States, and those of any
other States that may be admitted into the confederacy, without any tax,
impost, or duty therefor.
Art. 5. There shall be formed in the said
territory, not less than three nor more than five States; and the
boundaries of the States, as soon as Virginia shall alter her act of
cession, and consent to the same, shall become fixed and established as
follows, to wit: The western State in the said territory, shall be
bounded by the Mississippi, the Ohio, and Wabash Rivers; a direct line
drawn from the Wabash and Post Vincents, due North, to the territorial
line between the United States and Canada; and, by the said territorial
line, to the Lake of the Woods and Mississippi. The middle State shall
be bounded by the said direct line, the Wabash from Post Vincents to the
Ohio, by the Ohio, by a direct line, drawn due north from the mouth of
the Great Miami, to the said territorial line, and by the said
territorial line. The eastern State shall be bounded by the last
mentioned direct line, the Ohio, Pennsylvania, and the said territorial
line: Provided, however, and it is further understood and declared, that
the boundaries of these three States shall be subject so far to be
altered, that, if Congress shall hereafter find it expedient, they shall
have authority to form one or two States in that part of the said
territory which lies north of an east and west line drawn through the
southerly bend or extreme of Lake Michigan. And, whenever any of the
said States shall have sixty thousand free inhabitants therein, such
State shall be admitted, by its delegates, into the Congress of the
United States, on an equal footing with the original States in all
respects whatever, and shall be at liberty to form a permanent
constitution and State government: Provided, the constitution and
government so to be formed, shall be republican, and in conformity to
the principles contained in these articles; and, so far as it can be
consistent with the general interest of the confederacy, such admission
shall be allowed at an earlier period, and when there may be a less
number of free inhabitants in the State than sixty thousand.
Art. 6. There shall be neither slavery nor
involuntary servitude in the said territory, otherwise than in the
punishment of crimes whereof the party shall have been duly convicted:
Provided, always, That any person escaping into the same, from whom
labor or service is lawfully claimed in any one of the original States,
such fugitive may be lawfully reclaimed and conveyed to the person
claiming his or her labor or service as aforesaid.
Be it ordained by the authority aforesaid, That
the resolutions of the 23rd of April, 1784, relative to the subject of
this ordinance, be, and the same are hereby repealed and declared null
and void.
Done by the United States, in Congress
assembled, the 13th day of July, in the year of our Lord 1787, and of
their sovereignty and independence the twelfth.
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