90

POWER OF CONGRESS

United States, have been already admitted into the Union."

"By the second clause of the same section, it is determined that 'Congress shall have power to dispose of and make all needful rules and regulations respecting the territory, or other property belonging to the United States. And nothing in this constitution shall be so construed as to prejudice the claims of the United States, or of any particular State.' . . . At the time of the adoption of the constitution, the general government had acquired the vast region included in the North-western Territory; and its acquisitions have since been greatly enlarged by the purchase of Louisiana and Florida. The two latter Territories of Louisiana and Florida, subject to the treaty stipulations under which they were acquired, are of course under the general regulation of Congress, so far as the power has not been, or may not be, parted with by erecting them into States. The North-west Territory has been peopled under the admirable ordinance of the Continental Congress of the 13th of July, 1787, which we owe to the wise forecast and political wisdom of a man whom New England can never fail to reverence."*

This ordinance I now here give entire, in order to show the mode adopted by the United States, when preparing for colonizing a large tract of country. This is really a specimen of a systematic colonization; and is the

* These extracts are made from an exposition of the American Constitution by Dr. Story. An excellent work in itself, but remarkable as an indication of what in America is thought necessary for the education of youth in schools; this being a school book. See p. 139.

more remarkable, because it is really the first instance on record of a government providing for the gradual creation of many independent nations by a carefullyconsidered and regular system; a system which we must imitate, if we desire to produce any great effect as a colonizing power. We have immense territories, and an expensive and meddling Colonial Office; but a system we do not possess. This ordinance will give some idea of that Act of Parliament upon which, in the course of this work, I shall have so often to insist, and without which no regular plan of colonization can be attempted.

AN ORDINANCE

For the Government of the Territory of the United States, north-west 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 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 age, in whom the estate may be 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. Vincent's, and the neighbouring 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 one thousand 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 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 behaviour.

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 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-inchief 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 of the 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

same.

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 be thereafter 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 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 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,