[United States Senate Manual, 112th Congress]
[S. Doc. 112-1]
[Historical Documents]
[Pages 1141-1148]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 1141]]

                                       [1702]

            ____________________________________________________________
 
                                  ORDINANCE OF 1787

            ____________________________________________________________

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

                      [The Confederate Congress, July 13, 1787]

    1702.1      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.
    1702.2      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 1142]]

            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.
    1702.3      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.
    1702.4      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.
    1702.5      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 1143]]

            by Congress; but afterwards the legislature shall have 
            authority to alter them as they shall think fit.
    1702.6      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.
    1702.7      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.
    1702.8      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.
    1702.9      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 1144]]

            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.
   1702.10      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.
   1702.11      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 1145]]

            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.
   1702.12      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.
   1702.13      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:
   1702.14      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:

   1702.15                            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.

   1702.16                           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 1146]]

            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.

   1702.17                           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.

   1702.18                           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 1147]]

            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.]
   1702.19                            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 1148]]

            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.

   1702.20                           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.
   1702.21      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