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Rhode Island (absent).
Mr. Blount, aye.
Mr. Hawkins, aye.
Mr. Kean, aye.
Mr. Huger, aye.
Mr. Few, aye.
Mr. Pierce, aye.
Pennsylvania (absent). Mr. Carrington, aye. It appears, then, that, instead of having “this ordinance under deliberation and revision for three years and six months,” in five days it was passed through all the forms of legislation-the reference, the action of the committee, the report, the three several readings, the discussion and amendment by Congress, and the final passage.
On the 12th of July (as above stated), Mr. Dane offered the following amendment, which was adopted as the sixth of the articles of the compact:
“ Article the Sixth. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; provided, always, that any person, escaping into the same, from whom labor or service is claimed in any of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service, as aforesaid.”
This had, in part, been presented by Mr. Jefferson, in 1784, and again by Mr. King, in 1785. The assertion that this clause, “as it now exists in the ordinance,” was “ proposed and carried by Mr. King, when neither Jefferson nor Dane was present,” is singularly incorrect. In the proposition submitted by Mr. King, in 1785 (which was never afterward called up in Congress), there was no provision for reclaiming fugitives; and, without such a provision, it could not have been carried at all; besides, the clause, “as it now exists in the ordinance," was proposed by Mr. Dane, on the 12th of
July, 1787, and carried by the unanimous vote of Congress, when Mr. King was not present.
Mr. King was a member of the convention for framing the Federal constitution. He was present and voted in the convention on the 12th of July, 1787. The whole of that day was occupied in settling the proportion of representation and direct taxation, which was then determined as it now stands in the constitution, viz: “By adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians, not taxed, three-fifths of all other persons.'
The Congress and the convention were both in session at the same time, in Philadelphia.* There was, of course, free intercourse and interchange of opinion between the members of the two bodies. To this may be attributed the adoption on the same day of the clause in the ordinance and the clause in the constitution.
The accompanying copy of the ordinance shows the amendments made in Congress, on the 12th of July, to Mr. Carrington's report of the 11th. All that was struck out is printed in [italie], what was inserted is in SMALL CAPITALS. The reader, on comparing this with the plans previously reported by Mr. Jefferson and by Mr. Johnson, will see that most of the principles “on which its wisdom and fame rest” were first presented by Mr. Carrington.
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
* An evident error. Congress was in session in New York.
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 [where there shall be no children of the intestate] 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 personal property may be transferred by delivery, saving, however, to the [inhabitants of Kaskuskies and Post l'incent] FRENCH AND CANADIAN INHABITANTS, AND OTHER SETTLERS OF THE KASKASKIES, ST. VINCENT'S, 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 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 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, of 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 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 disapprove of by Congress; but afterward 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, and appoint and commission all officers in the same below the rank of general officers; all GENERAL officers [above that rank] 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 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 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 gov
ernor 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.
As 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 twentyfive; after which the number and proportion of representatives shall be regulated by the legislature : provided that no person shall 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, 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 tủe 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,