[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[Historical Documents]
[Pages 949-956]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 949]]
[1232]
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ORDINANCE OF 1787
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AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE
UNITED STATES NORTHWEST OF THE RIVER OHIO
[The Confederate Congress, July 13, 1787]
1232.1 Section 1. Be it ordained by the United States in
Congress assembled, That the said Territory, for the purpose
of temporary government, by one district, subject, however,
to be divided into two districts, as future circumstances
may, in the opinion of Congress, make it expedient.
1232.2 Sec. 2. Be it ordained by the authority aforesaid, That
the estates both of resident and non-resident proprietors in
the said territory, dying intestate, shall descend 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
parent's 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
[[Page 950]]
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, Saint
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.
1232.3 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 one thousand acres of land, while in the
exercise of his office.
1232.4 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 five
hundred 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 five hundred
acres of land, while in the exercise of their offices; and
their commissions shall continue in force during good
behavior.
1232.5 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
[[Page 951]]
by Congress; but afterwards the legislature shall have
authority to alter them as they shall think fit.
1232.6 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.
1232.7 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 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.
1232.8 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.
1232.9 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 representatives 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
[[Page 952]]
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.
1232.10 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.
1232.11 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, resident 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 the
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
[[Page 953]]
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.
1232.12 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 of voting, during this temporary government.
1232.13 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:
1232.14 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:
1232.15 Article I
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 territories.
1232.16 Article II
The inhabitants of the said territory shall always be
entitled to the benefits of the writs of habeas corpus, and
of the trial by jury; of a proportionate representation
[[Page 954]]
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 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 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.
1232.17 Article III
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 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.
1232.18 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 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
[[Page 955]]
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 non-resident proprietors be taxed higher
than residents. The navigable waters leading into the
Mississippi and Saint 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.
[Sands v. Manistee River Imp. Co., 123 U.S. 288.]
1232.19 Article V
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 the 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
[[Page 956]]
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 interests 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.
1232.20 Article VI
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 in 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 service
as aforesaid.
1232.21 Be it ordained by the authority aforesaid, That the
resolutions of the 23d 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 12th.
Charles Thomson,
Sec'y.
constitution of the united states