1787. Purchase by Ohio Company. 291 country, conducted by men thoroughly attached to tho federal govern. ment, and composed of young, robust and hardy laborers, who had no idea of any other than the Federal Government, I conceived to be an object worthy of some attention. The perseverance of Dr. Cutler and his friends was rewarded with success, and an Order, dated July 27th,* was obtained, of which he says: By this ordinance we obtained the grant of near five million of acres of land, amounting to three million and a half of dollars; one million and a half of acres for the Ohio Company, and the remainder for a private speculation, in which many of the principal characters of America are concerned. Without connecting this speculation, similar terms and advantages could not have been obtained for the Ohio Company.t Messrs. Cutler and Sargent, the latter of whom the Doctor had associated with himself some days before, at once closed a verbal contract with the Board of Treasury, which was executed in form on the 27th of the following October. By this contract, the vast region bounded south by the Ohio, west by the Scioto, east by the seventh range of townships then surveying, and north by a due west line drawn from the north boundary of the tenth township from the Ohio direct to the Sciote, was sold to the Ohio associates and their secret co-partners, for one dollar per acre, subject to a deduction of one third for bad lands and other contingencies. The whole tract, however, was not paid for, or taken by the Company-even their own portion of a million and a half of acres, and extending west to the eighteenth range of townships, || was not taken; and in 1792 the boundaries of the purchase proper were fixed as follows: the Ohio on the south, the seventh range of townships on the east, the sixteenth range on the west, and a line on the north so drawn as to make the grant seven hundred and fifty thousand (750,000) acres, besides reservations; this grant being the portion which it was originally agreed the Company might enter into possession of at once. In addition to this, two On the 23d the Board of Treasury were authorized to contract; on the 26th, Messrs. Cutter and Sargent stated in writing their conditions; on the 27th Congress referred their letter to the Board to take order upon.-See Land Laws 262 to 264.-Old Journals, iv. Appendix, 17, 18. + North American Review, vol. liii. 343. North American Review, liii. 343. Land Laws, 364. [ North American Review, liii. 344. 292 Ordinance of 1784. 1787. hundred and fourteen thousand, two hundred and eighty-five (214,285) acres of land were granted as army bounties, under the the Resolutions of 1779 and 1780; and one hundred thousand (100,000) as bounties to actual settlers; both of the latter tracts being within the original grant of 1787, and adjoining the purchase as above defined.* While Dr. Cutler was preparing to press his suit with Congress, that body was bringing into form an ordinance for the political and social organization of the lands beyond the Ohio. Virginia made her cession March 1, 1784, and during the month following a plan for the temporary government of the newly acquired territory came under discussion. On the 19th of April Mr. Spaight, of North Carolina, moved to strike from that plan, which had been reported by Mr. Jefferson, a provision for prohibiting slavery north-west of the Ohio, after the year 1800,-and this motion prevailed.‡ From that day until the 23d the plan was debated and altered, and then passed unanimously, with the exception of South Carolina.|| By this proposition the territory was to have been divided into States by parallels of latitude and meridian lines;§ this, it was thought, would have made ten States, which were to have been named as follows, beginning at the north-west corner and going southwardly; - Sylvania, Michigania, Chersonesus, Assenisipia, Metropotamia, Illenoia, Saratoga, Washington, Polypotamia, and Pelisipia. Surely the hero of Mount Vernon must have shuddered to find himself in such company. But a more serious difficulty existed to this plan than its catalogue of names—namely, the number of states which it was proposed to form, and their boundaries. The root of this evil was in the resolution passed by Congress, October 10th 1780, which fixed the size of the States to be formed from the ceded lands, at one hundred to one hundred and fifty miles square; and the terms of that resolution had been referred to both by Virginia and Massachusetts in their grants, so as to make a further legislation at least by the former, needful to change them. Upon the 7th of July, 1786, this subject was taken up in Congress, and a resolution * Land Laws, 364 to 368.-North American Review. liii. 344. + See in Old Journals, iv. 293, a proposition to organize a western District, made October 14, 1783. Old Journals, iv. 373. Old Journals, iv. 380. § Old Journals, iv. 379. Land Laws, 347. ¶ Sparks' Washington, ix. 48. 1787. Ordinance of 1787. 293 passed in favor of a division of not less than three nor more than five States, which resolution, Virginia, at the close of 1788 assented to.* On the 29th of September, 1786, Congress, having thus changed the plan for dividing the north-western territory into ten States, proceeded again to consider the terms of an ordinance for the government of that region; and this was taken up from time to time, until July 13th of the year of which we are writing, when it was finally passed, having been somewhat changed just before its passage, at the suggestion of Dr. Cutler. We give it entire as it is the corner-stone of the constitutions of our north-western states. No. 32. 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 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 grand child, 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 *Land Laws, 338. 100. 101. 4 Old Journals, iv. 701, &c., 746, &c., 751, &c. North American Review, liii. 336. 294 Ordinance of 1787. 1787. personal property may be transferred by delivery; saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, 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 1000 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 juristion, 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 commismissioned 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 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 go vernor. For the prevention of crimes and injuries, the laws to be adopted or 1787. Ordinance of 1787. 295 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 5000 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 500 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, 200 acres of land within the same: Provided, also, That a freehold in 50 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 500 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 |