NORTH-WESTERN TERRITORY.

An ORDINANCE for the Government of the Territory of the United States North-west of the River Ohio.

BE

E it ordained by the United States in Congress affembled, That the faid territory, for the purposes of temporary government, be one diftrict; fubject, however, to be divided into two districts, as future circumftances may, in the opinion of Congrefs, make it expedient.

Be it ordained by the authority aforesaid, That the estates both of refident and non-refident proprietors in the faid territory, dying inteftate, fhall defcend to, and be diftributed among their children, and the defcendants of a deceased child, in equal parts; the defcendants of a deceafed child or grandchild, to take the fhare of their deceafed parent in equal parts among them: And where there fhall be no children or defcendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or fifter of the inteftate, fhall have in equal parts among them their deceafed parents fhare; and there fhall in no case be a diftinction between kindred of the whole and half blood; faving in all cafes to the widow of the inteftate, her third part of the real estate for life, and one third part of the perfonal estate; and this law relative to defcents and dower, fhall remain in full force until altered by the legislature of the district. And until the Governor and Judges fhall adopt laws as hereinafter mentioned, eftates in the faid territory may be devifed or bequeathed by wills in writing, figned and fealed by him or her in whom the eftate may be (being of full age) and attefted by three witneffes; and real estates may be con veyed by leafe and release, or bargain and fale, figned, fealed and delivered by the perfon being of full age, in whom the estate may be, and attefted by two witneffes, provided fuch wills be duly proved, and fuch conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magiftrates, courts, and registers fhall be appointed for that purpofe; and perfonal property may be transferred by delivery; faving, however to the French and Canadian inhabitants, and other fettlers, of the Kaskaskies,

Saint Vincent's, and the neighbouring villages, who have heretofore profeffed themfelves citizens of Virginia, their laws and customs now in force among them, relative to the defcent and conveyance of property.

Be it ordained by the authority aforefaid, That there fhall be appointed, from time to time, by Congrefs, a Governor, whose commiffion shall continue in force for the term of three years, unless fooner revoked by Congrefs: he shall refide in the district, and have a freehold eftate therein, in one thoufand acres of land, while in the exercife of his office.

There fhall be appointed from time to time, by Congress a Secretary, whofe commiffion fhall continue in force for four years, unless fooner revoked; he fhall refide in the district, and have a freehold eftate therein, in five hundred acres of land, while in the exercife of his office: it fhall be his duty to keep and preferve the acts and laws paffed by the Legislature, and the public records of the district, and the proceedings of the Governor in his Executive Department; and tranfmit authentic copies of fuch acts and proceedings, every fix months, to the Secretary of Congrefs: There fhall alfo be appointed a court to confift of three Judges, any two of whom to form a court, who fhall have a common law jurif diction, and refide in the diftrict, and have each therein a freehold eftate in five hundred acres of land, while in the exercise of their offices; and their commiffions fhall continue in force during good behaviour.

The Governor and Judges, or a majority of them, shall adopt and publish in the district, fuch laws of the original ftates, criminal and civil, as may be neceffary, and best fuited to the circumftances of the district, and report them to Congress from time to time; which laws fhall be in force in the diftrict until the organization of the General Affembly therein, unless difapproved of by Congrefs; but afterwards the Legislature shall have authority to alter them as they shall think fit.

The Governor for the time being, fhall be Commander in Chief of the militia, appoint and commiffion all officers in the fame, below the rank of general officers; all general officers fhall be appointed and commiffioned by Congrefs.

Previous to the organization of the General Affembly, the Governor fhall appoint fuch Magiftrates and other civil offi

cers, in each county or township, as he fhall find neceffary for the prefervation of the peace and good order in the fame: After the General Affembly fhali be organized, the powers and duties of Magiftrates and other civil officers shall be regulated and defined by the faid Affembly; but all Magiftrates and other civil officers not herein otherwife 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 fhall have force in all parts of the district, and for the execution of procefs, criminal and civil, the Governor fhall make proper divifions thereof: and he shall proceed, from time to time, as circumftances may require, to lay out the parts of the district in which the Indian titles fhall have been extinguished, into counties and townships, subject however, to fuch alterations as may thereafter be made by the Legislature.

So foon as there fhall be five thousand free male inhabi. tants, of full age, in the district, upon giving proof thereof to the Governor, they fhall receive authority, with time and place, to elect Representatives from their counties or townfhips, to reprefent them in the General Affembly; provided that for every five hundred free male inhabitants, there fhall be one Representative, and fo on progreffively with the number of free male inhabitants fhall the right of representation increafe, until the number of Reprefentatives fhall amount to twenty-five; after which the number and proportion of Reprefentatives fhall be regulated by the Legiflature: Provided that no perfon be eligible or qualified to act as a Reprefentative, unless he shall have been a citizen of one of the United States three years, and be a refident in the district, or urlefs he shall have refided in the district three years; and in either cafe, fhall likewife hold in his own right, in fee fimple, two hundred acres of land within the fame: Provided also, that a freehold in fifty acres of land in the district, having been a citizen of one of the ftates, and being refident in the diftrict, or the like freehold, and two years refidence in the district fhall be neceffary to qualify a man as an elector of a Repre fentative.

The Representatives thus elected, fhall ferve for the term of two years; and in cafe of the death of a Representative, o

removal from office, the Governor fhall iffue a writ to the county or township, for which he was a member, to elect another in his ftead, to ferve for the refidue of the term.

The General Affembly, or Legislature, fhall confift of the Governor, Legiflative Council, and a Houfe of Reprefentatives. The Legislative Council fhall confift of five Members, to continue in office five years, unlefs fooner removed by Congrefs; any three of whom to be a quorum: And the Members of the Council fhall be nominated and appointed in the following manner, to wit: As foon as Reprefentatives fhall be elected, the Governor fhall appoint a time and place for them to meet together, and when met, they fhall nominate ten perfons, refidents in the district, and each poffeffed of a freehold in five hundred acres of land, and return their names to Congrefs; five of whom Congress fhall appoint and commiffion to ferve as aforefaid; and whenever a vacancy fhall happen in the Council, by death or removal from office, the Houfe of Reprefentatives fhall nominate two perfons, qualified as aforefaid for each vacancy, and return their names to Congrefs; one of whom, Congrefs fhall appoint-and commiffion for the refidue 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 faid House shall nominate ten persons, qualified as aforefaid, and return their names to Congrefs; five of whom Congrefs fhall appoint and commiffion to ferve as Members of the Council five years, unless fooner removed. And the Governor, Legislative Council, and House of Reprefentatives, fhall have authority to make laws, in all cafes, for the good government of the diftrict, not repugnant to the principles and articles in this ordinance eftablished and declared. And all bills having paffed by a majority in the Houfe, and by a majority in the Council, fhall be referred to the Governor for his affent; but no bill or legislative act whatever, shall be of any force without his affent. The Governor fhall have power to convene, prorogue and diffolve the General Affembly, when in his opinion it fhall be expedient.

The Governor, Judges, Legiflative Council, Secretary and fuch other officers as Congrefs fhall appoint in the dif trict, fhall take an oath or affirmation of fidelity, and of office; the Governor before the Prefident of Congrefs, and all other officers by the Governor. As foon as a Legiflature shall