|
|
A committee had submitted a report to Congress on the government of the western territory on April 23, 1784. It was largely based on a plan proposed by Thomas
Jefferson although the anti-slavery provision he
advocated was defeated by a vote of seven states to six.
The interest of the Ohio Company in colonizing the Ohio
Country led by Congress to enact a definitive plan of
government on July 13, 1787. In the initial stage the
Northwest Ordinance provided for a highly centralized
government with no popular participation. A legislature,
elected with property qualifications, was authorized when
the Territory's male population numbered five thousand
adults. The governor was given an absolute veto. But the
ordinance included a prohibition against slavery,
provision for a democratic system of inheritance, and a
bill of rights. No less than three nor more than five
states should be formed from the territory. A minimum
population of sixty thousand was required for statehood.
12
An Ordinance for the government of the territory of the
United States North West of the river Ohio.
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.
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 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 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, Saint Vincents and neighbouring
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.
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; 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
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
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.
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.
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 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.
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 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 the 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.
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.
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,
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 the First. 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 the Second. The Inhabitants of the said
territory shall always be entitled to the benefits of the
writ of habeas corpus, and of the trail 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 persons 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 the Third. 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.
Article the Fourth. 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 Unites 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 non resident 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 therefore.
Article the Fifth. 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 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.
Article the Sixth. 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 23d of April 1784 relative to the subject
of this ordinance be, and the same are hereby repealed and
declared null and void.
Done &c.
12 Journals of the Continental
Congress, XXXII, 334-343; Carter (ed.), Territorial
Papers, II, 39-50; Kettleborough (ed.), Constitution
Making in Indiana, I, 26-33; Barnhart and Carmony,
Indiana, I, 82-83; Beverley W. Bond, Jr., The
Civilization of the Old Northwest . . .(New York, 1934),
9-10.
|
|