ACT OF CESSION OF between Sciota Virginia. That in case the quantity of good land on the South-East side of the Ohio, upon the waters of the Cumberland river, and between the Green river and Tennessee river, which have been reserved by law for the Virginia troops upon Continental establishment, should, from the North Carolina line, bearing in further upon the Cumberland lands than Deficiency of was expected, prove insufficient for their legal bounties, the deficiency military bounties in land, should be made up to the said troops, in good lands, to be laid off between promised by the rivers Sciota and Little Miami, on the North-west side of the river Virginia, to be Ohio, in such proportions as have been engaged to them by the laws of made up Virginia. That all the lands within the territory so ceded to the United & Little Miami. States, and not reserved for, or appropriated to any of the before-men- Lands ceded to tioned purposes, or disposed of in bounties to the officers and soldiers of the American Army, shall be considered a common fund for the use and fund for the benefit of such of the United States as have become, or shall become, United States. members of the confederation or federal alliance of the said States, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever: Provided, that the trust hereby reposed in the Delegates of this State, shall not be executed, unless three of them, at least, are present in Congress. be a common territory. And whereas the said General Assembly, by their resolutions of June sixth, one thousand seven hundred and eighty three, had constituted and appointed us, the said Thomas Jefferson, Samuel Hardy, Arthur Lee and Delegates conJames Monroe, delegates to represent the said Commonwealth in Con-vey the gress for one year, from the first Monday in November then next following, which resolution remains in full force; now, therefore, know ye, that we, the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, by virtue of the power and authority committed to us by the act of the said General Assembly of Virginia before recited, and in the name and for and on behalf of the said Commonwealth, do by these presents convey, transfer, assign and make over, unto the United States in Congress assembled, for the benefit of the said States, Virginia inclusive, all right, title, and claim, as well of soil as of jurisdiction, which the said commonwealth hath to the territory or tract of Country within the limits of the Virginia Charter, situate, lying, and being to the North-westward of the river Ohio, to and for the uses and purposes, and on the conditions of the said recited act. In testimony whereof we have hereunto subscribed our names and affixed our seals, in Congress, the day of in the year of our Lord one thousand seven hundred and eighty-four, and of the Independence of the United States, the eighth. to receive the deed. Resolved, That the United States, in Congress assembled, are ready to Congress ready receive this deed, whenever the delegates of the State of Virginia are ready to execute the same. The delegates of Virginia then proceeded, and signed, sealed and delivered the said deed; whereupon Congress came to the following resolution : The Delegates of the Commonwealth of Virginia having executed the Deed executed. deed, Resolved, That the same be recorded and enrolled among the acts of To be recorded. the United States in Congress assembled. VOL. I. 21. Alteration of the act of cession asked from Virginia. RESOLUTION OF CONGRESS, ACCEPTING THE CESSION OF VIRGINIA OF LANDS NORTH AND WEST OF (See Laws and Resolutions of the U. States, relating to the public lands, p. 100.) Resolved, That it be, and it hereby is, recommended to the Legislature of Virginia, to take into consideration their act of cession, and revise the same so far as to empower the United States in Congress assembled, to make such a division of the territory of the United States lying Northerly and Westerly of the river Ohio, into distinct republican States, not more than five, nor less than three, as the situation of that country and future circumstances may require; which States shall hereafter become members of the Federal Union, and have the same rights of sovereignty, freedom, and independence, as the original States, in conformity with the resolution of Congress of the 10th of October, 1780. ORDINANCE OF CONGRESS, FOR THE GOVERNMENT OF THE TERRITORY NORTH AND WEST OF OHIO, (See Laws and Resolutions of the U. States, relating to the public lands, p. 356.) 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 FOR THE OF THE deceased child or grand child to take the share of their deceased parent ORDINANCE in equal parts among them. And where there shall be no children or GOVERNMENT 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 in- TERRITORY. testate 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 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 jurisdiction, 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 behaviour. 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 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 commissioned by Congress. ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY. 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 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 25; 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 months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and re FOR THE OF THE TERRITORY. turn their names to Congress, five of whom Congress shall appoint and ORDINANCE commission to serve as members of the council five years, unless sooner GOVERNMENT 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. 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 room, 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 government. And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and 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: ART. 1st. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory. ART. 2d. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, 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 is understood and declared, that no law ought ever to be made, or 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. ART. 3d. Religion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always |