B OF THE United States North-west of the River Ohio. J 10 087 E it ordained by the United States in Congress affembled, That the faid territory, for the purposes of temporary government, be one district; fubject, 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 eftates both of refident and non-refident proprietors in the faid territory dying inteftate, shall descend to, and be distributed among their children, and the defcendants of a deceafed child in equal parts; the defcendants 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 deceafed brother or fifter of the intestate, shall have in equal parts among them their deceased parents share; and there shall in no cafe be a distinction between kindred of the whole and half blood'; saving 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, shall remain in full force until altered by the legiflature of the district. And until the governor and judges shall adopt laws as herein-after mentioned, estates in the faid territory may be devised or bequeathed by wills in writing, figned and fealed by him or her, in whom the eftate may be (being of full age) and attested by three witnesses; and real estates may be conveyed by leafe : and release, or bargain and fale, signed, fealed, and delivered by the perfon being of full age, in whom the estate may be, and attested by two witnesses, 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 shall be appointed for that purpose; and personal 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 professed themselves 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 aforesaid, That there shall 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 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 fooner revoked; he shäll refide in the district, and have a freehold eftate there2în, in five hundred acres of land, while in the exercise of his office: it shall be his duty to keep and preferve the acts and laws-paffed by the legislature, and the pub. lic records of the district, and the proceedings of the governor in his executive department; and tranfmit Tauthentic copies of such acts and proceedings, every - fix months, to the fecretary of Congress: There shall Malso be appointed a court to confift of three judges, any two of whom to form a court, who shall have a common law jurifdiction, and reside in the district, and have each therein a freehold eftate in five hundred acres of land, while in the exercise of their offices; and their commiffions shall continue in force during good beha viour. T 4-1 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 Congrefs; 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 fame, below the rank of general officers, all general officers shall be appointed and commissioned by Congress. Previous to the organization of the general afsembly, 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 fame: After the general assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the faid afsembly; but all magistrates and other civil officers not herein otherwise 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 inall 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 fuch alterations as may thereafter be made by the legislature. So foon 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 VOL. II. B 4 counties or townships, to represent them in the general affembly; 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 twentyfive; after which the number and proportion of repre fentatives shall be regulated by the legislature: Provi ded that no perfon 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 refident in the district, or unless he shall have refided in the district, three years; and in either cafe, shall 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 states, and being refident in the district, or the like freehold, and two years refidence 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 iffue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the refidue of the term. The general affembly, or legislature, shall confist of the governor, legislative council, and a house of representatives. The legiflative council shall consist of five members, to continue in office five years, unless fooner 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 foon 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 perfons, refidents in the district, and each poffefsfed 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 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 perfons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to ferve as members of the council five years, unless fooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws, in all cafes, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having paffed by a majority in the house, and by a majority in the council, shall be referred to the governor for his affent; but no bill or legiflative act whatever, shall be of any force without his affent. The governor shall have power to convene, prorogue and diffolve the general afsembly, when in his opinion it shall be expedient. The governor, judges, legislative council, fecretary and fuch 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 Congrefs, and all other officers before the governor. As foon as a legiflature 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 Congrefs, who shall have a feat in Congress, with a right of debating, but not of voting during this temporary go vernment. And for extending the fundamental principles of civil and religious liberty, which form the bafis whereon |