Page:United States Statutes at Large Volume 44 Part 1.djvu/1866

This page needs to be proofread.

% ORDINANCEOF 1787: THE NORTHH together, and érhen met they shall nominate ten persona, realdent in the district, and `eaen of a freehold in dve hundred acres nf land, and return their names to dve » of wnein Congrese shall appoint and commission to mee as aforesaid; and whenerer •_ vamney shall happen ln the council, by death or removall from omee, the house of repreeentativeso , shall nominate rtvro persom, qmlfiled as &fo&id, for 'wch vacancy, and `returnj 'thér names to 1 Congress, one of svlxonzr Uongress shall appoint and commission for the residue of the term: and every Qve. :*631*8, $0111* months at least before the expiration of the time of servlw of the mmbers of the council, the wid house elxall innnalnate ten persons, qualided an afore· · said, and return their names to Congress, five of whom Con-. ‘ gwes shall appoint. and commission to mrve as members of the couneil ilvé years, unless sooner removed. And the governor, , legislative eonncll, and house of representatives, shall "have_ c authority to make laws in all cases for the good government. of the district, not Bepugnant to the principles and articles in, this erdinanee established and declared. ,‘And all lgills, having mseed by a majority in the hoase, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be ot any. force without nié assent: The goyernor sl1all have power to convene, prorogue; and dissolve the general assembly nwhen, ln his opinion, itshall be-expedienL· ‘ _¤ · g`.}; · I . · Sec. 12,"1‘he`·_ governor, judges, legislative council, secretary, and sncn other officers as Congress shall appoint in the district, 2 shall take an oath or adirmation of fidelity, and of o$c€‘; the governor before the President of Congress, and all other oillcers 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 Con» gross, who shall have a seat in Congress with a `right ot debat- , ina, but not of voting, during this temporary government. l ·

 Sno, 13. And for extending the fundamental principles of ,

a céeil and religions liberty, which {crm the basis whereon these repnlrlics: their laws and constitutions, are erected; ·to` Ex and egtablish those principles as the basis ’o_l; all lawsjconl stitntions, and governments`; which forever hereafter shall be formed in .the said territory; to provide, also, for the estabi liehment of States, permanent governmj6}her~éln; and for. their admission to a· share in the Federal ouncils on an jequal footing with the original. States, at as early periods as may connstent with the general interest: ‘ 4 · Q

__14. It is hereby ordained and declared, by the authority

aforesaid, that the following articles ghall considered as arg _ticl&~ ot eonapact, between the orlgtnal States and the people and‘ States in the said- territory, and forever remain unalterable, unless by common consent, to wit: ” ‘ ' - 1 'AQBTIGJ ll · A No pet-een, demeaning himself in a peaceable and orderly manner, shall ever be molested oneaccount of binmode of wor4 ship, or religious wntlmenm, ur the said territoriw. " Aazrwnn II I The inhabitants of the saidterritorypshall always be entitled to the benedts ot the wrlts ot habeas corpus, and of the trial by jury; of a proportionate representation of the people. ln the lglslatnre, and ot judicial proceedings.according to the course ot the common law. ’All persons shall be bailable, unless ·for capital oiemea, _ where the proof shall be evident, or the pre¤ · enmption great, Altdnes shall he moderate; and no cruel or unusual shall be indicted. No man aball be deprived ot his liberty or property, but by the judment ot his p&rs, or the law of the land, and should tlie public exigenelea make it necessary, for the common preservation, to take any persona property, or to demand bla particular aervicep, full

wer :1·E1m1roR1A1.` »ooVnR1v¤nNai . b` W 1852 compensation 'ehall bennade for the same, And, in the just preservation ot rights and property, it is understood and declared, that no law ought ever to be made or have force in the said territory, that shell, in eny manner whatever, interfere with or affect private contracts, or_-engagements, bono fide, and without fraud previously formed. _ I ._ l _A.R‘I’lCLE Iii _ ‘ Rellgion, morality, and knowledge being necesmry to good `government and the. heppineee of mankind, schools and the means of education ehall forever be eneonrnged. The utmost good faith shall always-be observed. townrdsithe Indians; their lands and property shall never be taken front them tyithont their consent; and invtheir property, rights, and liberty they neyer shall be invaded or disturbed, nnlwe ln inst and lawful wars authorized by Congress`; bnt laws founded injustice and ‘ humanity shall, from time to time, be made, for preventing wrongsbeing done to them, and for preserving peace end friendship with them, · -— _ - _ _. _ ,1 AR'.l‘[’CLE'IY .— The éeid territory, and the States which may be formed therein, shell forever remain a part of . thiseoniedgracy of the United States of America, subject to the Articles of Coated-* eration, and to such alterations therein as mall he conetitn·- tionally ~nmde; and- to all acts and ordinancw of the United States ln; Congress `asembled, eonforxabb thereto. "1The·inhabitants and settlers ingthe said territory shall be subject to my a port of the Federal debts; contracted, or f to be contracted, anda proportional part of, the exp@se.e of govern- `mentto the apportioned on them by Qongress; according to the same common rule end measure by whleh"ap_portion:nents thereof shall be, made mi the other Statwi; and the taxa for ·I>&$'ing {their proportion shall be laid levied by the am thorlty end direction of the legislatures et tm` district, er dls· ·triets, or new States, as in the original-Statw, within the tim agreed upon by the United Statesiin. Congress ”a@b1ed. The legislatures of those districts, orfnew. s¢¤¢ee,`smu never interfere with the primary disposal of the soil lgy’the‘United Statw I in Congress assembled, nor withzany regulations may iind necebsa¤’Y (Q1" securing the title in auch soil to the boneride purchasers. No tax ‘ shall berimpoeed on laude the prep- `érty ot the United Statw; and in nofcase shall non-resident proprietors be taxed higher than residents; , The nnriggble¤· waters leading into the Mississippi and Saint Lawrence, and the carrying places between the same; ’shall be comneen bigayvays, and forever free, as well to the inhabitants of the, said territory as to the citizens of the United Stem, andnthose of any other States that may be admitted into the eenfederscy, without-any tax, ingpost, or duty therefor. · A O Axmou V - There shall be foimed in the wid territory not less than three nor more than ilve States; and the bonndariesof the- States, as soon as°Virg*inia shall alter her act. of cession and `coneent- to the same, shell become fixed andestahllshed as tollews, to wit: The western State, in the said `terrlto¢_1j_5_{,,__§__hall be bounded by the Mlssi.esil>Pi. the Ohio, and the Wa‘msh“` Rlver§§f§"`d§*r‘ee:; `line drawn from the Wabash and Poet v{1'1€§BtS,_d&€ north, to’_ the territorial line béwpen the United Stateshnd Canada ;_and ‘by the said terrltoria_ line to the Lake of the Woods and Mississippi. The middle State shell he bounded by the said direct line, the Wabash from Post Vineents to the Ohio, by the Ohio, by a direct line drawn due north from the month of the Great Miami to the said territorial line, end by —the said territorial line? The eastern State ehall he bounded by the last-mentioned direct line, the Ohio, Penneylvanla, and the said territorial line: Provided, however, And ltje further understood and eledared, that the houndarlw of these three States shell he sub- . é