« AnteriorContinuar »
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 five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behaviour.
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.
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.
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 magistrates and other civil cíficers 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.
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 aiterations as may thereafter be made by the legislature.
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 representatives from their counties or townships, to represent them in the general assembly ; provided that for every five lundred free male inhabitants, there shall be one representative, and so on progressively with ta number of free male inhabitants shall the right of representation in.. crease, until the number of representatives shall amount to twenty. five; after which the number and proportion of representatives shall be regulated by the legisluture: Provi ied that no person be eligible et qualified to act as a representative, uniess he shall have been i ciaza of one of the live Slaits three years, and be a resident in the wil trict, or unless he shall have resided in the district three years ; 2 in either case, shall likewise hold in his own right, in fee simple, te hundred acres of land within the same: Provided also, that a treut.me in fifty acres of land in the district, having been a citizen of one of bein states, and being resident in the district, or the like freehold, and ti
years residence in the district shall be necessary to qualify a man as an elector of a representative.
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.
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 when, ever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualifi, ed 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 bave power to convene, prorogue and dissolve the general assembly, when in his opinion it shall be expedient.
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 autnority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting during this temporary government
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 andesiablish those principles as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in the said territory: Toprovide 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
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:
ARTICLE J. 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.
ARTICLE II. 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 per. sons shall be bailable, unless for capital offences, 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 ne. cessary, 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..
ARTICLE III. Religion, morality, and knowledge, being necessary to good govern, ment 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 proper. ty, rights and liberty, they never shall 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.
ARTICLE IV. . The said territory, and the states which may be formed therein, shall forever remain a part of this confederacy of the United States of A. merica, 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 og 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 paring 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 disa tricts or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any re:
gulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. Notax shall be imposed on lands the property of the United States ; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Missisippi and St. Lawrence, and the cartying places between the same, shall be common liighways, 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 duiy therefor.
ARTICLE V. There shall be formed in the said territory, not less than three, ror more than five states; and the boundaries of the states, as soon as Virgimia 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 Missisippi, 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 Woords and Missisippi. 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 inouth 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 consisteit 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.
ARTICLE VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in 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. Done by the United States, in Congress assembled, the thirteenth day of
July, in the year of our Lord one thìusand seven hundred and eighty-
WILLM. GRAYSON, Chairman.