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 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 for ever 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 for ever remain unalterable, unless by common consent, to wit: ART. 1. 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. ART. 2. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial 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 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. ART. 3. Religion, morality, and knowledge, being necessary to good government, and the happiness of mankind, schools and the means of education shall for ever 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. ART. 4. The said territory, and the States which may be formed therein, shall for ever 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 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 for ever 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. 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 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 States 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 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 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. ART. 6. 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 ser vice 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 by the United States, in Congress assembled, the 13th day of LOUISIANA, Formed out of part of the territory ceded to the United States by France, by treaty of April 30, 1803. On October 31, 1803, an act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for the temporary government thereof, was passed and approved. Louisiana was erected into two territories by act of Congress, approved March 26, 1804; one called the Territory of Orleans, and the other called the District of Louisiana. An act further providing for the government of the Orleans territory, was approved March 2, 1805, which authorized the people to form a constitution and State government when their number should amount to 60,000. A memorial of the Legislature of the territory of Orleans on behalf of the inhabitants, (see folio State Papers, "Miscellaneous," vol. 2, p. 51,) was presented in Senate United States. (See Journal, March 12, 1810.) An act to enable the people of the territory of Orleans to form a constitution and State government, &c., by which that State was allowed one Representative until the next census, was passed and approved February 20, 1811. The said people having, on January 22, 1812, formed a constitution and State government, and given the State the name of Louisiana, in pursuance of the said act, an act for the admission of the State of Louisiana into the Urvon, and to extend the laws of the United States to the said State, was passed and approved, April 8, 1812. On May 22, 1812, an act supplemental to the act of April 8, 1912, was approved. INDIANA, Formed out of a part of the North-western Territory which was ceded to the United States by Virginia. (See remarks under "Ohio.") The territory established by act of May 7, 1800. The territory divided into two separate governments, and that of Michigan created by act of January 11, 1805. The territory again divided into two separate governments, and that of Illinois created by act of February 3, 1809. The Legislature of the territory, on behalf of the people, applied to be enabled to form a constitution, &c. (See Journal of House of Representatives, December 28, 1815, and January 5, 1816; also folio State Papers, "Miscellaneous," vol. 2, p. 277.) An act to enable the people of the Indiana territory to form a constitution and State government, &c., by which that State was allowed one Representative, was passed April 19, 1816. The said people having, on June 29, 1816, formed a constitution, &c., a joint resolution for admitting the State of Indiana into the Union was passed and approved, December 11, 1816. The laws of the United States extended to the State of Indiana, by act of March 3, 1817. MISSISSIPΡΙ, Formed out of a part of the territory ceded to the United States by the commissioners of the State of South Carolina, on August 9, 1787, under the act of South Carolina of March 8, 1787, and by those of the State of Georgia, April 24, 1802, which was ratified by the Legislature of Georgia, on June 16, 1802. (For these cessions, &c., and for the convention between South Carolina and Georgia of April 28, 1787, see Bioren and Duane's edit. Laws, vol. 1, pp. 466, 467, 486 to 491.) The government of the territory established by act of Congress of April 7, 1798. Limits settled and government established by act of Congress of May 10, 1800. Territory on the north added to the Mississippi territory, by act of Congress of March 27, 1804. The boundaries enlarged on the south, by act of Congress of May 14, 1812. A joint resolution of Congress "requesting the State of Georgia to assent to the formation of two States of the Mississippi territory," was passed and approved, June 17, 1812. A motion was made in House of Representatives of the United States to inquire into the expediency of admitting Mississippi into the Union, December 28, 1810. Reported on by committee, January 9, 1811. (Vide folio State Papers, "Miscellaneous," vol. 2, p. 129.) A petition from the inhabitants of Mississippi, that it be made a State, &c., presented in House of Representatives, November 13, 1811. Reported on by committee of House of Representatives, December 17, 1811. (Vide folio State Papers, "Miscellaneous," vol. 2, p. 163.) Bill passed House of Representatives. Report adverse in Senate, April 17, 1812, and bill postponed. (Vide same book, p. 182.) A memorial presented in House of Representatives, January 21, 1815. Reported on February 23, 1815. (Vide same book, p. 274.) |