counties, requiring them to proceed to the election of a Governor, members of the General Assembly, sheriffs and coroners, at the respective election districts in each county, on the second Tuesday of January next; which elections shall be conducted in the manner prescribed by the existing election laws of this territory: and the members of the General Assembly, then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this constitution, and no longer.

four representatives; the county of Fairfield, one senator and two representatives; the county of Washington, two senators and three representatives; the county of Belmont, one senator and two representatives; the county of Jefferson, two senators and four representatives; and the county of Trumbull, one senator and two representatives.

Done in convention, at Chillicothe, the twenty-ninth day of November, in the year of our Lord one thousand eight hundred and two, and of the independence of the United States of America, the twenty seventh.

SEC. 7. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the county of Hamilton shall be en- In testimony whereof, we have hereunto subscribed titled to four senators and eight representatives; the our names. county of Clermont, one senator and two representaEDWARD TIFFIN, President. tives; the county of Adams, one senator and three representatives; the county of Ross, two senators and Attest: THOMAS SCOTT, Secretary.

ORDINANCE OF JULY 13, 1787.

AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE RIVER OHIO.

Be it ordained by the United States in Congress as sembled, That the said territory, for the purposes of temporary government, be one district; subject, how ever, to be divided into two districts, as future cir cumstances may, in the opinion of Congress, make it expedient.

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 legisla ture, and the public records of the district, and the proceedings of the Governor, in his executive de partment; 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 laud, while in the exercise of their offices; and their commissions shall continue in force during good behavior.

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.

Be it ordained by the authority aforesaid, That the estates, both of resident and nonresident 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 grand child 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 dis tinction between kindred of the whole and half blood; Baving, 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 herein after 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, Previous to the organization of the General Assemor bargain and sale, signed, sealed and delivered by bly, the Governor shall appoint such magistrates and. the person, being of full age, in whom the estate may other civil officers, in each county or township, as he be, and attested by two witnesses; provided such wills shall find necessary for the preservation of the peace be duly proved, and such conveyances be ackuow- and good order in the same. ledged, or the execution thereof duly proved, and sembly shall be organized, the powers and duties of After the General Asbe recorded within one year after proper magistrates, magistrates and other civil officers shall be regulated courts, and registers, shall be appointed for that and defined by the said assembly; but all magistrates purpose; and personal property may be transferred and other civil officers, not herein otherwise directed, by delivery; saving, however, to the French and shall, during the continuance of this temporary gov Canadian inhabitants, and other settlers of the Kasernment, be appoin.ed by the Governor. kaskias, St. Vincents, and the neighboring villages, For the prevention of crimes and injuries, the laws who have heretofore professed themselves citizens to be adopted or made, shail have force in all parts of of Virginia, their laws and customs, now in force the district; and for the execution of process, crimiamong them, relative to descent and conveyance of nal and civil, the Governor shall make proper diviproperty.

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.

There shall be appointed, from time to time, by Congress, a Secretary, whose commission shall continue in force for four years, unless sooner revoked;

The Governor, for the time being, shall be com. mander in chief of the mititia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

sions thereof, and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district i which the indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be ade 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 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 representa tive, 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.

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 and establish those principles as the basis of all laws, constitutions and goveruments, 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:

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:

The representatives thus elected shall serve for the ART. 1. No person, demeaning himself in a peaceterm of two years; and in case of the death of a repable and orderly manner, shail ever be molested on resentative, or removal from office, the Governor shall account of his mode of worship or religious sentiissue a writ to the county or township, for which he ments, in the said territory. was a member, to elect another in his stead, to serve for the residue of the term.

ART. 2. The inhabitants of the said terțitory shall always be entitled to the benefit of the writ of habeas The General Assembly, or Legislature, shall con- corpus, and of the trial by jury; of a proportionate ist of the Governor, Legislative Council, and a House representation of the people in the legislature, and of of Representatives. The legislative council shall judicial proceedings, according to the course of the consist of five members, to continue in office five common law. All persons shall be bailable, unless years, unless sooner removed by Congress; any three for capital offences, where the proof shall be evident of whom to be a quorum: and the members of the or the presumption great. All fines shall be moCouncil shall be nominated and appointed in the folderate, and no cruel or unusual punishments shall lowing manner, to wit: as soon as representatives be inflicted. No man shall be deprived of his libershall be elected, the Governor shall appoint a time ty or property, but by the judgment of his peers, or and place for them to meet together, and when met the law of the land; and should the public exithey shall nominate ten persons, residents in the disgencies make it necessary, for the common presertrict and each possessed of a freehold in five hun vation, to take any person's property, or to demand his dred acres of land, and return their names to Congress; particular services, full compensation shall be made five of whom Congress shall appoint and commission for the same. And in the just preservation of rights to serve as aforesaid: and whenever a vacancy shall and property, it is understood and declared, that no happen in the council, by death or removal from law ought ever to be made, or have force in the said office, the House of Representatives shall nominate territory, that shall, in any manner whatever, inter two persons, qualified as aforesaid, for each vacancy, fere with or affect private contracts or engagements, and return their names to Congress; one of whom bona fide, and without fraud, previously formed. Congress shall appoint and commission for the resi ART. 3. Religion, morality, and knowledge, being due of the terin. And every five years, tour months necessary to good government and the happiness of at least before the expiration of the time of service of mankind, schools, and the means of education, shall the members of council, the said house shall nomi forever be encouraged. The utmost good faith shall nate ten persous, qualified as aforesaid, and return always be observed towards the Indians; their lands their names to Congress; five of whom Congress shall and property shall never be taken from them without appoint and commission to serve as members of the their consent; and in their property, rights and libercouncil five years, unless sooner removed. And the ty, they never shall be invaded or disturbed, unless in Governor, Legislative Council, and House of Repre- just and lawful wars authorized by Congress; but sentatives, shall have authority to make laws, in all laws founded in justice and humanity, shall, from cases, for the good government of the district, not re-time to time, be made, for preventing wrongs being pugnant to the principles and articles in this ordin- done to them, and for preserving peace and friendance established and declared. And all bills, having ship with them.

passed by a majority in the House, and by a majority ART. 4. The said territory, and the States which in the council, shall be referred to the Governor for may be formed therein, shall forever remain a part of his assent; but no bil or legislative act whatever this confederacy of the United States of America, shall be of any force without his assent. The Gov- subject to the articles of confederation, and to such alernor shall have power to convene, prorogue and dis-teration therein as shall be constitutionally made; solve the General Assembly, when, in his opinion, it and to all the acts and ordinances of the United shall be expedient. States, in Congress assembled, conformable thereto. The Governor, judges, legislative council, secretary, The inhabitants and settlers in the said territory shall and such other officers as Congress shall appoint in be subject to pay a part of the federal debts, conthe district, shall take an oath or affirmation of fideli-tracted or to be contracted, and a proportional part of ty, and of office; the Governor before the President of the expenses of government, to be apportioned on Congress, and all other officers before the Governor. them by Congress, according to the same common As soon as a legislature shall be formed in the dis- rule and measure by which apportionments thereof trict, the council and house assembled in one room, shall be made on the other States; and the taxes for shall have authority, by joint ballot, to elect a dele- paying their proportion shall be laid and levied by gate to Congress, who shall have a seat in Congress, the authority and direction of the legislatures of the

district or districts, or new States, as in the original Pennsylvania, and the said territorial line: provid States, within the time agreed upon by the United however, and it is further understood and declar States in Congress assembled. The legislatures of that the boundaries of these three States shall those districts, or new States, shall never interfere subject so far to be altered, that, if Congress sh with the primary disposal of the soil, by the United hereafter find it expedient, they shall have author States, in Congress assembled, nor with any regula- to form one or two States in that part of the said t tions Congress may find necessary for securing the ritory which lies north of an east and west line dra title in such soil to the bona fide purchasers. No tax through the southerly bend, or extreme of Lake Mic] shall be imposed on lands, the property of the United gan. And whenever any of the said States sh States; and in no case shall nonresident proprietors have sixty thousand free inhabitants therein, su be taxed higher than residents. The navigable waters State shall be admitted, by its delegates, into the Co leading into the Mississippi and St. Lawrence, and gress of the United States, on an equal footing wi the carrying places between the same, shall be com- the original States, in all respects whatsoever; and sha mon highways, and forever free, as well to the in- be at liberty to form a permanent constitution ar habitants of the said territory as to the citizens of the State government: provided the constitution an United States, and those of any other States that may government so to be formed shall be republican, an be admitted into the confederacy, without any tax, in conformity to the principles contained in these a impost, or duty therefor. ticles; and, so far as it can be consistent with th general interest of the confederacy, such admissic shall be allowed at an earlier period, and when the may be a less number of free inhabitants in the Sta than sixty thousand.

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 Misissippi, 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 said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ohio,

ART. 6. There shall be neither slavery nor invo untary servitude in the said territory, otherwise tha in punishment of crimes, whereof the party sha have been duly convicted; provided always, that an person escaping into the same, from whom labor service is lawfully claimed in any one of the origin: States, such fugitive may be lawfully reclaimed, an conveyed to the person claiming his or her labor service as aforesaid.

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Be it ordained by the authority aforesaid, That th resolutions of the 23d of April, 1784, relative to th subject of this ordinance, be and the same are hereb repealed, and declared null and void. Done, &c.