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president of

States.

not be an inhabitant of the same state with themselves; they shall and vicename in their ballots the person voted for as president, and in distinct the United ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted: the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken President. by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from twothirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president.

dent

2. The person having the greatest number of votes as vice-presi- Vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president: a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

3. But no person constitutionally ineligible to the office of president, Ib. shall be eligible to that of vice-president of the United States.

[In the edition of the laws of the U. S. before referred to, there is an amendment printed as article 13, prohibiting citizens from accepting titles of nobility or honor, or presents, offices, &c. from foreign nations. But, by a message of the president of the United States of the 4th of February, 1818, in answer to a resolution of the house of representatives, it appears that this amendment had been ratified only by 12 states, and therefore had not been adopted. See vol. iv. of the printed papers of the 1st session of the 15th congress, No. 76.]

2

District.'

Rules of in

heritance.

Personal property.

Governor.

ACTS OF CONGRESS.

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 a 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 descendants 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, 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 Kaskaskias, Saint 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 one thousand acres of land, while in the exercise of his office.

There shall be appointed from time to time by congress a secreta- Secretary. ry, 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 Supreme 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.

court

The governor and judges, or a majority of them, shall adopt and Legislature. 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 officers of the militia, appoint and commission all officers in the same, below the militia. rank of general officers; all general officers shall be appointed and commissioned by congress.

Previous to the organization of the general assembly the governor civil officer a shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of peace and good order in the same. After the general assembly shall be organized, the powers and duties of the 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.

sions of the

For the prevention of crimes and injuries, the laws to be adopted Civil divi or made, shall have force, in all parts of the district, and for the exe- districts. cution 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.

tive guvern

bly.

So soon as there shall be five thousand free male inhabitants of Representa full age, in the district, upon giving proof thereof to the governor, ment; gene they shall receive authority, with time and place, to elect representa- ral asseшtives 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 per

Term of ser

cies how filled.

son 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 representative thus elected shall serve for the term of two years; vice; vacan- 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.

Constitution

lative power.

how filled.

The general assembly, or legislature, shall consist of the governor, of the legis 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 five hundred acres of land, and return their names to congress; five of whom Vacancies, 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 months at least before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to congress; five of whom congress shall appoint and commission, to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives shall have authority to make laws, in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared.

Governor's

assent to bills.

Oath of fidelity and of office to be taken

Delegate to congress.

And all bills having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent, but no bill or legislative act whatever shall be of any force without his assent. The governor shall have power to convene, prorogue and dissolve the general assembly, when in his opinion it shall be expedient.

The governor, judges, legislative council, secretary, and such 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 congress, and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house assembled, in one rooom, shall have authority, by joint ballot, to elect a delegate to congress, who shall have a seat in congress, with a

right of debating, but not of voting, during this temporary govern

ment.

And for extending the fundamental principles of civil and religious Articles of liberty, which form the basis whereon these republics, their laws and compact. constitutions are erected, to fix and establish those principles as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in the said territory; to provide also for the establishment of states and permanent governments therein, and for their admission to a share in the federal councils, on an equal footing with the original states, at as early periods as may be consistent with the general interest:

It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original states and the people and states in the said territory, and forever remain unalterable, unless by common consent, to wit:

ARTICLE 1.

worship.

No person, demeaning himself in a peaceable and orderly manner, Religious shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.

ARTICLE 2.

beas corpus

tion for pro

The inhabitants of the said territory shall always be entitled to the Writ of ha benefits of the writ of habeas corpus, and trial by jury; of a propor- and trial by tionate representation of the people in the legislature, and of judicial ed, &c. proceedings, according to the course of the common law. All persons Bail shall be bailable, unless for capital offences, where proof shall be evident, or the presumption great. All fines shall be moderate; and no Fines, &c. cruel or unusual punishments shall be inflicted. No man shall be Compensa deprived of his liberty or property, but by the judgment of his peers perty taken or the law of the land; and should the public exigencies make it ne- for public cessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it Laws not to is understood and declared, that no law ought ever to be made, or contracts. have force in the said territory, that shall in any manner whatever interfere with or affect private contracts or engagements, bona fide, and without fraud previously formed.

ARTICLE 3.

service.

affect private

Religion, morality, and knowledge, being necessary to good go- schools vernment and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall Indians. always be observed towards the Indians; their lands and property shall never be taken from them without their consent, and in their property, rights and liberty, they never shall be invaded or disturbed, unless in just and lawful wars, authorized by congress; but laws, founded in justice and humanity, shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.

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