The Datafile PD-CD 1B/DATAFILE_PDCD1B.iso/_gutenburg/gutenberg/freenet/northwst_t/NORTHWST_T

Text File | 1994-04-01 | 18KB | 325 lines

THE NORTHWEST ORDINANCE:



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  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 nonresident  proprietors in the said
territory, dying intestate, shall descent 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
parents' 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 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, St.
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.

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 1,000 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 500 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 500 acres
of land 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.

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 the 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 a representative 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