Vignand Conte FAN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY 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 circumftances may, in the opinion of Congrefs, make it expedient. Be it ordained by the authority aforefaid, That the eftates both of refident and non-refident proprietors in the faid territory dying inteftate, fhall defcend to, and be distributed among their children, and the defcendants of a deceafed child in equal parts; the defcendants of a deceafed child or grand-child, to take the fhare of their deceased 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 deceafed brother or fifter of the inteftate, fhall have in equal parts among them their deceafed parents fhare; and there fhall in no cafe 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 descents and dower, fhall remain in full force until altered by the legiflature of the district. And until the governor and judges fhall adopt laws as herein-after mentioned, eftates in the faid territory may be devised or bequeathed by wills in writing, figned and fealed by him or her, in whom the estate may be (being of full age) and attefted by three witneffes; and real estates may be conveyed by leafe and release, or bargain and fale, figned, fealed, and delivered by the perfon being of full age, in whom the eftate 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 purpose; and personal property may be transferred by delivery; faving, however to the French and Canadian inhabitants, and other fettlers, of the Kafkafkies, Saint Vincent's, and the neighbouring villages, who have heretofore profeffed themselves citizens of Virginia, their laws and cuftoms 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, whofe commiffion fhall continue in force for the term of three years, unless fooner revoked by Congrefs he fhall refide in the diftrict, and have a freehold eftate therein, in one thoufand acres of land, while in the exercise of his office. There fhall be appointed from time to time by Congrefs a fecretary, whofe commiffion fhall continue în force for four years, unless fooner revoked; he fhäll refide in the diftrict, and have a freehold eftate therein, in five hundred acres of land, while in the exercise of his office: it fhall be his duty to keep and preferve the acts and laws paffed by the legiflature, and the pub. lic 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 fecretary of Congress: There fhäll Halfo be appointed a court to confift of three judges, any two of whom to form a court, who fhall have a common law jurifdiction, 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 beha viour. [561] The governor and judges, or a majority of them, fhall adopt and publifh in the district, fuch laws of the ori ginal states, criminal and civil, as may be neceffary, and best fuited to the circumstances of the district, and report them to Congress from time to time; which laws. Thall be in force in the district until the organization of the general affembly therein, unless disapproved of by Congrefs; but afterwards the legiflature fhall have authority to alter them as they fhall 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 Congress. Previous to the organization of the general affembly, the governor fhall appoint fuch magiftrates and other civil officers, 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 fhall be organized, the powers and duties of magiftrates and other civil officers fhall be regulated and defined by the said assembly; but all magiftrates and other civil officers not herein otherwife directed, fhall, 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 inall parts of the district, and for the execution of process, criminal and civil, the governor fhall make proper divifions 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 hall 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 in habitants, of full age, in the district, upon giving proof thereof to the governor, they fhall receive authority, with time and place, to elect reprefentatives from their VOL. II B 4 counties or townships, to reprefent them in the general affembly; provided that for every five hundred free male inhabitants, there fhall be one reprefentative, and fo on progreffively with the number of free male inhabitants fhall the right of representation increase, until the number of reprefentatives fhall amount to twentyfive; after which the number and proportion of repre fentatives fhall be regulated by the legislature: Provi ded that no perfon be eligible or qualified to act as a reprefentative, unless he fhall have been a citizen of one of the United States three years, and be a refident in the district, or unless he fhall 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 alfo, 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 district, or the like freehold, and two years refidence in the district fhall be neceffary to qualify a man as an elector of a representative. The reprefentatives thus elected, fhall ferve for the term of two years; and in cafe of the death of a representative, or 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 legiflature, fhall confift of the governor, legislative council, and a house of reprefentatives. The legislative council fhall confift of five members, to continue in office five years, unless sooner 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, residents in the diftrict, and each poffeffed of a freehold in five hundred acres of land, and return their names [ 563 1 to Congrefs; five of whom Congrefs fhall appoint and commiffion to ferve as aforefaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house 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 leaft before the expiration of the time of fervice of the members of council, the faid houfe fhall nominate ten perfons, 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, legiflative council, and house of reprefentatives, fhall 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, fhall be referred to the governor for his affent; but no bill or legiflative act whatever, fhall 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, fecretary and fuch other officers as Congrefs fhall appoint in the diftrict, fhall take an oath or affirmation of fidelity, and of office; the governor before the prefident of Congrefs, and all other officers before the governor. As foon as a legiflature fhall be formed in the district, the council and house affembled, in one room, fhall have authority, by joint ballot, to elect a delegate to Congrefs, who fhall have a feat in Congrefs, 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 |