- r - - - bC
-n-
hr dirr mrnir
Ay
a jFamtlp Newspaper 23ebotcli to SLtterature, Agriculture, lEattufactures, Commcrcr, an& JHtscellaneous drafting.
TERMS $2.00 IN ADVANCE;
I3V SHERWOOD & LONG.
, IS". C, JANUAEY lO, 1861.
NO. 1,130.
VOL. XXII.
I
&EEENSBOEOTJGH
The CrccnsboTCttgh Pafriot.
MIWOOD. JAMS A. too.
SHERWOOD & LONG,
IPITORH AND PROPRIETORS.
TERMS : VJ.OO A YEAR, IS ADVANCE.
RATES OK ADERTIS1.G l. THE PATRIOT.
Osi J.llar i.ff nquicre fr the first week, nd twenty
five rrnt f,r ery week theretOer. Twilti u oa
Lt making a equnfe. Deductions made In fTr
tnliiig matter follows:
3 MOUTH. C MOMTM. 1 TIA
$.160 r,w W
7M 10 00 .14 00
" .10 00 16 00 20 00
One 'uare, .
Two uareo.
Three "
For I be Patriot.
ORDINANCE OF 1787.
and
than
Mtssrs. Editors: We have fallen upon ovil
.... . . . , . c-. . . : : :
t;mi's. lho union 01 inese states is in iiuim
m-nt danger of being forever dissolved,
u nr.' bloodshed and carnage is more
likely to be the result. If such should bo the
direful result, woful indeed, will be our inher
itance. Wlmt a dark and poluted mantel of
disgrace must eventually.cnvelope and forever
shroud tho names, ot tho party tricksters and
demagogues, who have, by their ambitious
selfishness, and unscrupulous party machina
tions, supcrinducod thef.o direful and heart-
sifkfnintr result. 1 mr.ko no pretensions to
ability, nor have I the position to give me in
fluence, or weight wit'u the patriotic leaders
of any party. Vet, tb.ank God I have a heart
to feel, and deploro tho great evils, the incal
culable mischief tiiohe rockloss, ambitious and
purely selfish lenders of tho disunion party
. lire last bringing upon this happy land, and
our honest yet deludod people, llow cheer
fully would I yield Tip every thing I possess,
could 1 but ward off tho evils which now threa
ten us Hi a Nation, and once more restore
peae Mud prosperity to my native land, and
l.er misguided people. 1 know too well, that
mission rules tho hour, and that the masses
both North and South, are given over to blind
lie of' mm J and hardness of heart, for mo to
liopo to prevail upon them, to loso sight o
their party and their anointed leaders for one
moment. It seems to me that many of the
e
rank and tile, as well as their infatuated lea
ders, are nmv ready to destroy this great and
glorious t iovernment of ours, for a party tri
umtdi; they bad rather be firtt in a Northern
or Southern Confederacy than occupy 'a sub
ordinate p. tuition in the present Government
II h alto ch ar o my mind, that wo have not
nt'iiined, to thi.u perilous situation wo now oc
cupy as a Nation, without having committed
great errors, nnd without having materially
departed from the examples and teachings of
our gallant and patriotic forefathers. Nor is
it reasonable to aupposo that either tho South
or tlo North is entirely guiltless in this mat
ter. I .shall then, with your permission, en
deavor to say a few words touching the pres
ent alarming crisis, with t,be hopo of induc
ing sumo one who has tho requisite ability to
take up his pen, or mount the stump in favor
of the Union, the Constitution and the perpe
tuity (if our institutions, and present form of
(iovernment. Nor shall I be detorrod from
peeking tho truth, and tho whole truth on all
questions that I may discuse, as far as I have
the ability and information to make it known.
And in order that all may sec that I do not
tpcak at random, I ask you to copy the fol
lowing venerable record taken from the Na
tional Intelligencer, published many yars
i nee. UNION
habitants, when, giviog due proof thereof to
Congress, they shall recoivo from them au
thority, with appointments of time and place,
to call a convention of representatives to es
tablish a permanent constitution and govern
ment for themselves.
Provided, That both the temporary and
permanent governments be established on
these principles as their basis :
1. That they shall forever remain a part of
the United States ol America.
2. i hat in their persons, property, and ter
ritory, they snail bo subject to the Govern
ment of the United States in Congress as
sembled, and to the Articles of Confederation
in all thoso cases in which the original States
shall bo so subject. i
3. That they shall be subject to pay a part
of the federal debts, contracted or to be con
tacted, to bo apportioned on them by Con
gress according to the same common rule and
measure by which appointments thereof shall
bo made on toe other btatcs.
4. That their respective governments shall
be in republican lorms, and shall admit no
person to be a citizen who holds any heredi
tary title.
5. That alter the year 1UUU of the Chris
tian era there shall bo neither slavery nor in
voluntary sorvitude in any of the said States,
otherwise than in punishment of crimes,
whereof tho parly shall have been duly con
victed to have been personally guilty.
That whensoever any of the said States
shall have, of freo inhabitants, as many as
shall then be in any one ot the least numer
ous of tho thirteon original States, such State
Sift .J A 1 L. - A J 1 A . . I
snail be aummeu uy us ueiegaies into me
Congress of tho United States on an equal
footing with the said original States, after
which the assent 01 two-thirds of the United
States, in Congress assembled, shall bo requi
site in all those cases wherein, by the confed
eration, the assent ot nine States is now re
quired, provided tne consent of nine States to
such admission may be obtained accor
ding to tho eleventh of the articles of con ted
eration. Until such admission by their dele
gates into Congress, any of the said States,
after' the establishment of tbeir temporary
government, shall have authority to koep a
sitting member in Congress, with a right of
debating, but not of voting.
That the territory northward of the forty
filth degree, that is say, of the completion of
forty-five degrees from tho equator, and ex
tending to tbo Lake of the Woods, shall be
called Sylvania; that of the territory under
tho forty-filth and forty-fourth degrees, that
which lies westward of Lake Michigan sball
be called Michigania ; and that which is east
ward thereof, within the peninsula formed by
lakes and waters of Michigan, Huron, St.
Clair, and Erie, shall be called Cherronesus,
and shall include any part of the peninsula
which may extent! above the forty-fifth de
gree Of the territory under the forty-third
and forty-second degrees, that to the west
ward, through which tho Assenisipi or Jlock
river mns; shall bo call Assentsiypta : and
that toibe eastward, in which are the foun
tain? of the Muskingum, the two Miamiea of
ol Ohio, tho Wabash, tho Illinois, the Miami
ot the Lake, and the Sandusky rivers, shall
be called Mesopotamia. Of the territory
which lies under the forty-first and fortieth
degrees, the western, through which the riv
er Illinois runs, shall be called Illinois; that
next adjoining, to the eastward, Saratoga;
aud that between this last and Pennsylvan
ia, and extending from the Ohio to Lake
Erie, shall bo called Washington. Ot the ter-
South Carolina
ritory which lies under the thirty-ninth and
tliirtv.eiMit dirreeH. to which shall be added
mo mueli of th- noint of land within the fork ky of Congress was directed
of tho Ohio and Mississippi as lies nnder the1 inhabitants of Kaskaskias
Mr Read, no.
Mr Beresford, no.
Georgia (Absent.)
Thus the report of Mr. Jefferson for the
temporary government of the Western Ter
ritory, without any restriction whatever as to
slavery, received the vote of every state pros
ont except South Carolina. It did not "lay
on the table of Congress during the three
years from 1784 to 1787." JJunng tnese
three years it was the law of the land. It was
repealed in 1687.
Nearly a year after tho first plan was adop
ted, the clause originally offered by Mr. Jef
ferson, as a part of the charter of compact fun
damental constitutions between the thirteon
original States and t ho new States to be
formed in the Western Territory, prohibiting
slavery and involuntary servitude, was again
submitted to Congress, omitting the time
named "after the yevr 1800 of the Chris
tian era."
On the 16th of March, 1785.
" A motion was made by Mr. King, secon
ded by Mr. Ellery, that the following propo
sition be committed :
That there shall bo neither slavery nor
involuntary servitude in any of the States de
scribed in the resolve of Congress ofthe 23d
of April, 1784, otherwise than in the punish
ment of crimes, whereof the party shall have
been personally euility : and that this rogu
lation shall be an article of compact, and re
main a fundamental principle ot tho constitu
tions between the tirtcen original States and
each of the States described in the said resolve
oftho22d of April, 1784.
The motion was, '-that the following prop
osition be committed tnat is, committed to
a Committee of the Wholo House: it was
not "in the nature of an instruction to the
Committeo on the Western Territories. At
that time there was no such committee. It
was a separate, independent proposition. The
very terms of it show that it was offered as
an addition to the resolve of April 23, 1784,
with the intention of restoring to that resolve
a clauso that had originally formed part of
it.
Mr. King's motion to commit was agreed
to eight States (New Hampshire, Massa
chusetts. Khodo Island, Connecticut, New
York, New Jersey, Pennsylvania, and Mary
land) voted in the affirmative, and these
States (Virginia, North Carolina, and South
Carolina) in the negative. Neither Dela
ware nor Georgia was represented.
After tho commitment of this proposition
it was neither called up in Congress nor no
ticed by any of the committee who subse
quently reported plans for tho government
ofthe Western Territory.
Tho subject was not laid over from this
time till September, 1786. It is noticed as
being before Congress on the 24th of March,
the 10th of May, tho 18th of July, and the
24th of August of that year.
On the 24th of March a report was made
by tho grand committee of the House, to
whom had boen referred a motion of Mr. Mon-
i roe upon tho subject of the Western Terri
tory.
On tho 10th of Mav, 178, a report was
made by another coaimittee, cont-isting of
Mr. Monroe,
1Ti,rt-.til,fr
Mr. Jveae, of South Carolina, and Mr- rinck
ney, of South Corolina, to whom a motion of
Mr. Dane, for considering and reporting the
form of a temporary government for the
Western Territory waB referred, This re
port, after amendment, was re-committed on
the 13th of July following.
On the 24th of August, 1780, the Sccreta-
to mlorm the
'that Congress
shall always be entitled to the benefits of the
act of habeascorvus an ot tne tnai oy jury.
ot. i . i j .
I he governor ana ie juages, ur lubjwiivjt
them, shall adopt and publish in the districts
such laws of the original States, criminaland
civil, as may be necesiaryana best suuea to
the circumstances of tbe district, and report
them to Congress from time to time, which
shall prevail in saiddntnct until tne organi
zation ofthe Cieneral assembly, unless aisap
nrovod of by Con urea : but afterwards the
General Assembly shall have authority to al-
ter them as they sniil vninit ni; pruviueu
however, that said ABembly shave have no
power to create perpetuities.
Tha governor for tie time being shall bo
commander-inichief ofthe militia, aud appoint
and commission all cflcers in the same below
the rank of general officers all officers of that
rank shall bo appointed and commissioned by
Congress.
Piovious to the orgnization ofthe General
Assembly, tho Governor shall appoint such
magistrates and other civil officers in each
county or townshipnehe shall find necessary
for the preservation ii peace and good order
in tho same. AfTer, the General Assembly
shall be organized, tbo powers and duties of
magistrates and othor civil officers shall be re
gulatod and defined by the said Assembly ;
but all magistrates ad other civil officers, not
herein otherwise directed, shall, during the
continuance of this bmporary Government,
bo appointed by the overnor.
The Governor shall, as soon as may be,
proceed to lay out tlfi district into counties
and township, subject, however, to such alter
nations as may hercsfter bo made by the Leg
islature, so soon as tloro shall bh five thous
and free male inhabiants, of full age, whithin
the said district. Tpon giving due proof
thereof to the Govrna, they shall receive au
thority, with timoanc place, to elect represen
tatives from their cmnties or townships as
aforsuid, to lepresort them in General As
sembly : provided, tlat for every five hun
dred free male, inhabtants there shall bo one
representative, and son progressively with
the nu ruber of free nale inhabitants sball the
riffht of reDresentalon, increase, until tho
number of representatives amount to twenty
five ; after which thi number and proportion
of representatives aall be regulated by the
Legislature: provide, that no person sball be
eligible or qualified to act as a representative
unless he shall be attizen ofoneot the Uni
ted States, or have raided within such district
three years, and shil likewise hold, in his
own right, in fee sirrple, two hundred acres
of land withiu the samo ; provided, also a
freehold ir life estati in fifty acres of land in
tho said district, ifacitizen of any ofthe Un
ited States, and twoVears residence, if a for
eigner, in addition, fall bo necessary to qual
ify a man as electorfor tbo said representa
tive. Tho representatiuB thus elected shall serve
for tho term cf two pars, and, in caso of the
death of representa.r( ; or removal from offi
ce, tho Governor shit iesue a writ to the coun
ty or xownsbin for Tich he was a member to
mother in his scad to serve tor the resi-
ordinance ;" they prepared and reported the
great Bill of rights for the territory noth
west of the Ohio. .
The question is hero presented, why was
Mr. Carrlngton, a new member of the commit
tee, placed at the head of it, to tho exclusion
of Mr. Dane and Mr. Smith, who had served
previously? In the absenco of positive evi
dence, thero appears to be but ono answer to
this question. The opinion of all the mem
bers were known in Congress. In the course of
debate new views had been presented, which
must have been received with general appro
bation. A majority of tho committee were
the advocates of these views, and tho member
by whom thoy wore presented to tbo House
was selected as the chairman. Thero is noth
ing improbable or oat of the usual course of
proceeding in this. Indeed the prompt ac
tion of tbo Committee and of Congress goes
very far to confifm it.
On the 11th of July, (two days after the
reference,) Mr, Carrington reported the or
dinance for the Covernment of tho territory
of tho United States northwest of tho river
Ohio. The ordinance was read a secod time
on the 12th, (and amended, as stated below;)
and on thol3f.h it was read a third time, and
passed by the unanimous vote of the eight
State present in the Congress.
On the passage, the yeas and nays (being
required by Mr. Yates) were as follows :
Xew JIampshire
Massachusetts
(Absent.)
Mr. Ilolton, aye.
Mr. Dane, ayo.
(Absent.)
(Absent.)
Mr. Smith, aye.
Mr. Haring, aye.
Mr. Yates, aye.
Mr. Clark, aye.
Mr. Schureman, aye.
( Absent )
Mr. Kearney, aye.
Mr. Mitbeli, aye. '
(Absent.)
Mr. Grayson, aye.
Mr. R. H. Lee, aye.
Mr. Carrington, aye
Mr. Blount, aye.
Mr. Hawkins, aye.
Mr. Kean, aye.
Mr. Huger, ayo.
Mr. Few, aye,
Mr. Fierce, aye.
It appears, then, that, instad of having
"this ordinance under deliberation and revi
sion for three years and six months," in five
day it was passed through all the forms ot
legislation the reference, the action of the
coinrniti.ee, ino report, i:.c inreo feveral rea
Rhode Island
Connecticut
New York
Xew Jersey
Pcnnsiflvannia
Delaware
Mart 1 and
Virginia
7
Sorth
Carolina
South Carolina
Georgia.
ative to descents and dower shall remain in
full force until altered by the 'Legislature of
the district. And until tho Governor and
Judges shall adopt laws as hereinafter men
tioned, estates in the said territory may be de
vised or bequeathed by wills in writing, sign
ed and sealed by him or her in whom the es
tate 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, pro
vided such wills be duly proved, and suoh !
conveyances be acknowledged, or tho execu
tion thereoiuly proved, and be recorded
within one year after proper; magistrates,
courts, ad registers shall bo appointed for
that purpose; and personal property may be
transferred by delivery, saving howevor to
the inhabitant of Kaskaskies and Post Vin
cent French, and Canadian inhabitants, and
other settlers of the Kaskaskies, Saint Vin
cent's, and the neighboring villages who have
heretofore professed themselves citizens of
Virginia, their laws and customs no v in
forco among them relative to the descents and
conveyance of property.
Be it ordained by the authority aforesaid,
That there shall be appointed from timetotime,
by Congress, a Governor, whose commission
shall continue in force for tho terra of three
years, unless sooner revoked by Congress ;
be shall resido in the district, and havo a
freehold estate therein, in one thousand acres
of land, while in the exercisa of his office.
Thero sball be appointed from time to time,
by Congress, a Secretary, whose commission
shall continue in force for four years, unless
sooner revoked ; he shall resido in the dis
trict, and hrtve a freehold estate therein, in
fivo hundred acres of land, while in the exer
cise of his office. It sball be his duty to keep
and preserve the acts and laws passed by tho
Legislature, and the public records ofthe dis
trict, and the proceedings of the Governor, in
his executive department, and transmit au
thentic copies of such acts and proceeding ev
ery six months to tho Secretary of Congress.
There shall also be appointed a Court to con
sist of three judges, pay two of whom to
form a court, who shall have a common law
jurisdiction, and reside in the district, and
bavc each therein a freehold estate in fivo
hundred acres ofland, while in the exercise
of their offices, and tbeir commissions shall
continue in foece during good behavior.
Tho Governor and Judges, or a majority of
them, shall adopt and publish in the district
such laws ofthe original States, criminal and
civil,, as may be necessary and best suited to
dings, the discussion and amendment by Con-1 tjecucumstances of the district, and report
pr, nn.l tho tfnl msfrn them to Congress from time to time, which
On the 12 of Julv, (as 'above stated,) Mr. j f ws sbal1 bo in torce ia the district until the
Dane offered the following amendment, which tho organisation of the General Assembly
Xott on the Ordinance of 1)87.
On the first of March, 1.784, a committee,
consisting of Mr. Jefferson, of Virginia, Mr
Chase, of Maryland, and Mr. Howell, ot
llhodo Island, submitted to Congress the fol
lowing rlan for tho temtorary government
n mo western territory :
The comniittf appointed to prep.tro
i Ian for the temporary government of the
Western Territory havo agreee to the follow
in; resoiuuuii :
.. viv, That the U-rritory ceded or to bo
roded by individual States to the United
Stun s, whensoever thro samo shall have been
pun based of tho Indian inhabitants and of
tertd for sale by the 'United States, shall be
formed into additional Slates, bounded in the
following manner, a, nearly as such cessions
will admit; that is to say, northwardly and
southwardly by parallels of latitude, so that
rach State shall 'joritirehcnd, from south to
noith, two degn.-es of latitude, beginning to
count Irom thr completion of thirty-ono de
grees north of iho ' quator, but any territory
northwardly ol the forty-seventh degree phall
make p:irt of the State next belo v. And
(iis'.wardly and westwardly they hall be
ImmuhIciI. tl iOso on tho Mississippi by that
i ivt-r oi o no eido and the meridian of lho low-
; ; ( 'r.t of the rcpid of the Ohio on the
'her; and thuso adjoining on the east, by
t' e pie fiiT'di;n on their western side, and
ori tlo ;r en -tern by the meridian of 'be wes-t'-rn
cape ill the mouth ofthe Great Kanaw-
hii. .Am', the territory eastward of this last
meridian , between the Ohio, Lake Erie, and
I'-'iijun! v;mia, shall bo one State.
T'i u tin- settlers within the territory so to
1 ' "ir' fut-e I and offered for sale, shall either
on the ir own petition or on lho order of Cou
ur. -.., 1 1 i.i iv e uuiliuriiy Irjrn thciu, with Hp
J J "; ir. .,1, : is of linio u!U place, for their f.ee
.to- . of la'1 ago to moot together lo-r lho pur
p is of itatlishing a temporary govern
men i ti ndopt the Constitution and laws ot
any on ol these States, so thut such lWf
iii' ortiieiest shall bo subject to alteration bj
th ir ordinary legislature, and to e rcct, sub
jtt i to a like ulte aiion, common or town
h ps lor the election ot member for their leg
ist at ure.
l hat in h temporary government shall on
I) continue in forco in any Stale until it
buvo acquired twenty thouod fret in
thirty-seventh degreo, that to tho westward,
within and adjacent to which are the conflu
ences of tho rivers Wabash, Shawnee, Tcni-
eo, Ohio, Illinois, Mississippi, and Missouri,
shall be called Polypotamia ; and that to tho
eastward, farther up the Ohio, otherwise call
ed the Pelisipi, shall bo called Pelisipia.
That all the precoding articles ahal! bo
formed into a charter or compact, shall be du
ly executed by the President of the United
States, in Congress assembled, under bis hand
and the seal of the United States, shall be
promulgated and shall stand as fundamental
conditions between the thirteen original States
and those newly doscribed, unalterable but
by tho joint consent of the United States, in
Congress assembled, and of tho particular
State within which such alteration is propos
ed to be made.
This report was recommitted to tho samo
committeo on the 17th of March, and a new
one was submitted on the 22d of the same
month. The second report agreed in sub
, elect
I due of the time. ;
' The general Assenbly shall consist of the1
i " t i :i . i-
of Virginia. Mr, Joboson of! pernor ,a negisiawe yuui cii io eo..a.i u
Mr. King of Massachusetts, n members, to bo apoin eci by the niteu :
office during i-!easur any three of whom to
be a quorum, and a Ibuse of .Representatives
who shall havo a legMative authority com- j
plete in all cases forle good government of'
Baid district: providd, that no act of the said j
General Assembly sli.ll be construed to af-1
feet any lands the roperty of the United j
States: and providcdlurther, that the lands I
ofthe non-resident proprietors sball in no in- !
stance bo taked hider as tho lands of resi-j
dence.
All bills shaD origiinate indifferently eith- i
er in tho Coancil of Jxuso of Representatives
nnd. havin? been pasod by a maiontv in
have under their consideration the plan of aj
temporary government tor the said district,
and that its adoption wiIbo no longer pro
tracted than tho importance ot tho subject
and a due regard to their interest may re
quire." On the 19th of September, 1686, a commit
tee, consisting of Mr. Johnson, of Connecti
cut, Mr. Picknoy, of South Carolina, Mr.
SraitbjOf New ork, Mr. Dane, of Massachu
setts, and Mr. Henry, of Maryland, appoin
ted to preparo a "plan of temporary govern
ment for such Districts of new States as shall
be laid out by the United States upon tho
principles of the acts ol cessioA from individ
ual States, and admitted into the Confedera
cy," mado a report which was taken up for
consideration on the 29th, and, after Bomo
discussion and several motions to amend, the
further consideration was postponed.
On tho 2Gth of April, 16S7, the same com
mittee (Mr Johnson, Mr. Picknoy, Mr. Smith,
Mr. Dane, and Mr. Henry, reponed "An Or-
- -
was adopted as lho sixth of the articles of
the compact :
"Arti'rlc tl,r fti.vth. Thero shall be neither
slavery nor involuntary servitude in the said
terrll',-: y, ,,.!:crwiio lluin in the punishment
of c rimes whereof the party shall havo been
11 ) t 'III 'I'' I M
uuiy eonvicieu : j rrtieu ancays, mat any
! person escaping into the same, trom whom la
; Lor or service is claimed ir. any ofthe origi-
; nal States, such tugiuve may belawlully re
Claimed and con
i his or her labor
' This hud. in part, been presented by Mr
j Jti'ison in 1 74, and agai'. by Mr. King in
ITS"). The assertion that this clause, "as it
now exiMs in the ordinance,- was "proposed
and carried by Mr. King, when neither Jef
fctson nor Dane was present," ia singularly
incorrect. In the proposition submitted by
M King in l?Si, (which was never after
wards called up in Congress,) there was no
provision tor reclaiming fugitives; and with
out such a provision it could not have been
carried at all; besides, the clause, "as it now
exists in lho ordinance," was proposed Dy Mr-
Dane on the 12th of July,
-i i j
. i iii r i , " j:vne on uiei-iuoi ui , iio., unu eurrieu
both Houses, shall bereforred to the Govern- . f . Iln.in:mnna ..: nf fnrp Un M,
or for his assent, aha obtaining which thoy j Wa3 not prtfsent.
shall incomplete an. valid but no bill or j Mr KinjJ was a nu.mbt,r of thc Convention
legislative act whateier shall bo valid or of : for lramil , lhe i-v.ieral Constitution. He
any lorce without nil assent.
fl'l I I I . L
ne governor au. nave power to i-cmeue , the j2th j uU
prorogue or uiw.m.u veueru. amcuium wag occlUlicil in billing the proportion of rep
whpn in his omniont shall be expedient. I .. i i: . . . ...l- i
i - &
Tho said inhabitant or settlers sball be sub-
was present and voted in the Convention on
lhe wholo ot that day
stanco with the first. Tho principal difference dinanco for the government of the Western
was thc omission of the paragraph giving
names to the States to be formed out of the
Western Territory. It was taken up for con
sideration by Congress on the 19th of April,
on which day, on tho motion of Mr. Spaight,
of North Carolina, tho following clauso was
Btruck out:
"That, after tho year lbOO of the Christian
era then? shall bo neitncr slavery nor invol
untary servitude in any of tho said States,
otherwise thn in the punishment of crimes
wheroot tho party shall liavo been duly con
victed to havo been personally guilty."
Tho report was further considered and
amended on lhe 2lHh and 21st. On thc 23d
it was agreed to, (ten States voting oye, and
ono no) without tho clause prohibiting slave
ry and involuntary servitudo after the year
1800. On the question to agreo to the report,
after the prohibitory clause was struck out,
the yeas and nays were required by Mr. Ber.
eslo'rd. The vote was :
Mr Foster, aye.
Mr Blancharuraye.
Mr (terry, ayo.
Territory." It was read a second timo and
amended on tho 9th of May, when the next
day was assigned for the third reading. On
the 10th, the order of the day for third read
ing was called for by the State of Massachu
setts, and vae postponed. On tho 9th and
10th of May, Massachusetts-was represented
bv Mr. Gorham, Mr. King, and Mr. Dade.
The proposition w hich, on Mr. King's motion,
was "committed" on tho 16th of March of
the preceding year, was not in tho ordinance,
as reported by the committee, nor was any
motion made in the Congress to insert it as
amoi dment.
The following is a copy of the ordinance as
amended and ordered to a third
An Ordinandi
reading.
C" the Wes-
Xew Hampshire
AFassachxisetts
fihoile Island
Connecticut
Xtti York
Xfc Jersey
Pennsylvania
Delaware
Maryland
V
rgmia
Xorth Carolina
Mr Patndr.aye.
Mr K'.lery, aye.
Mr Howell, ayo.
Mr Sherman, ayo.
Mr Wards worth, aye.
Mr Uewitt, aye.
M r Payne, aye.
Mr Beatty. aye.
Mr. Dick, nyo.
Mr ilifilin, aye:
Mr Montgomery, aye.
Mr Hand, aye.
(Absent.)
Mr Sione, aye.
Mr (.'base, ayo.
Mr Jefferson, aye.
Mr Mercer, aye.
. Mr Monroe, ay e.
Mr W illiamiton, aye.
Mr Spaight, aye.
- f ' A
ei r me iioi trnm:i.z
tern Territory.
It is beroby ordained by tho United States
in Congress assembled, that there uhall be ap-
poitcu, irom time wiime, a governor, whose
commission shall continue in force for thc
term of three years unless sooner revoked by
j Congress.
I There shall be appointed by Congress, from
time to time, a oecratary, whose commission
shall continue in force for four years, unless
sooner revoked by Congress. It shall be his
duty to keep and preserve lhe acts and laws
l passed by the General-Assembly, and public
recoras ot tho district, and ot the proceedings
ofthe Governor in bis executive department,
and transmit the authentic copies of such acts
and proceedings every six months to the Se
cretary ot Congress.
Thoro shall also be appointed a court, to
consist of three judges, any two of whom shall
form a court, who bball have common law
jurisdiction whose commissions shall continue
in force during good behavior.
And, to secure the rights of personal liber
ty und property to tho inhabitants and others
purchasers in the said districts, it is hereby
ordained that lhe inhabitant of sacb. disirict
ject to pay a part of -ho Federal debts, con
tracted or to he contacted, and to bear a pro
portional part of the mrdens of -the Govern
ment, to be apportioEd on them by Congrcs
according to the earn, common rule and meas
ure by which opportnment thereof shall be
made on tbo other Sates.
Tho Governor, Juges, Legislative Coun
cil, Secretary, and sch other officers as Con
gress shall at any the think proper to ap
point in such district shall take an oath or
affirmrtion of fidclit ; the Governor before
the President of Cocress. and all other offi
cers before tbo Governor, prescribed on tbo
27lh of January, 17$, to the Secretary at
War, mutatus mutanis.
Whensoever any ( the said tatcs sball
have of free inhubitats as many as are equal
in number to tho ori-thirtecnlh part of the
citizens ofthe origial States, to be computed
from the last cnurmeation, such State shall be
admitted by its delegates into tbo Congress of
tho United States: irovided the consent ot
so many States in fJngrcss is first obtainc 1
as may at that timeb competent to such ad-
mtssicn. ;
li.Hvsd, That th reselutions cf tbe2f; J ol
April, 1784, and thoarae are hereby annulled ;
and repealed. .
Such was the ordianco for the government j
of the Western Teritory when it was order- j one aitrict : siuji ct
ib-red to a third redinp- on'the 10th ol Mav. ', ir.to tv. o diAxict?, :
-------
171. It bad tbennade no furtLer progress
in the development thoso great principles
for which it has tine been distinguished as
"one ot the grcategmonurocnts ot civil juris
prudence." It mtle no provision for thc
equal distribution oestatcs. It said nothing
of extending tlv tndamental principles o;
civil and religiousliberty nothing of the
ricrhts of conscienr, knowledge, or educa
tion. It did not cotain the articles of com
pact, which were tj remain unaltered forever
unless by common pnsent.
We now come to.he time when these great
principles were firs brought forward.
the piinciplet on which
fame rests" were fi rt
Carrington.
lie
(?rcss
lho pu
' or nr.
OSC CI
therein, unless disapproved of by Congress ;
but afterwards the Legislature shall have au
thority to alter them as they shall think fit.
The Governor for the timo being shall be
commander-in-chief of the militia, appoint
and commission all officers in tho samo bo
low tho rank of general officers ; all GENERAL
officers above that rank shall bo appointed
and commissioned by Congress.
Previous to the organization ofthe Gener-
vcved to the" person claiming! al Assembly, the Governor shall appoint such
or service -is aforesaid " I magistrates and other civil officers, in each
uouuty or lott iiHuip, as ue nuau unu necessa
ry for tho preservation of peace and good or
der in the same. After the General Assem
bly shall bo organized, thc power3 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 horein otherwise directed, shall, during
the eontinuance of this tcmporaay govern
ment, be appointed by tho Governor.
For the prevention of crimes and injuries,
the laws to be adopted or made shall have
force in all parts ot tho district, and for the
execution of process, criminal and civil, the
Governor shall make proper division thereof ;
and he shall proceedfrom time to time, as
circumstances may require, to lay out the
parts of the district in which the Indian ti
tles shall havo been extinguished into coun
ties and townships, subject, however, to such
alterations as may thereafter be made by the
Legislature.
So 60on as thero shall bo five thousand
freo male inhabitants, of full age, in tho dis
trict, upon giving proof thereof to the Gover
nor, they shall r.ceivo authority, with time
and place, to elect Representatives from their
counties or townships, to represent them in
tlio General Assembly ; provided that, lor ev
ery five hundred free male inhabitants, thero
shall bo one representative, and 6o on pro
gressively with the number of free male in
habitants sball the right of representation in
crease, until tho number of representatives
shall amount to twenty-five, after which the
number and proportion ot representatives
shall be regulated by tho Legislature ; pro
vided that no person shall bo eligible or quali
fied to act as a representative unless he snail
have been a citizen of ono of the United
States three years and be a resident in the
disirict, or unless he shall have resided in the
district three years, and in either case shall
likewise hold in his own right, in feo simple,
two hundred acres ot land within the same:
Provided also, .hat a freehold in fifty acres
ot land in the district, having been a citizen
of one i t the States, and being resident in the
district, or the like freehold and two years'
reeider.ee in tho district, shall be necessa-
ry to quamy a man as an elector ot a repre-
resentation and direct taxation, which was
then determined as it now stands in the Con
stitution, viz: "by adding to tho whole num
ber of tree persons, including those bound to
service for a term of years, and excluding In
dians, not in.xedthree-ft''thsofall othcrpersons."
Thc Congress and tho Convention were
both in session il at the samo time in Phila
delphia. There was of course freo inter
change ot opinion between tho members of
the two bodies. To this may bo attributed
tho adoption oe the same day of the clause in
the ordinance end the cjauso in the Constitu
tion. The accompanying copy o' thc ordinance
shows thc amendments made in Congress on
the 12tli of July to Mr. Carrington's report of
the 11th. All that was struck out is printed
in italu -s, what was inserted is in small cap
itals. Tho icader on comparing th s with
! the plans previously reported L Mr. Jeffer
son and by Ml. Johnson, will see lhat most of
"its wisdom
presented by
and
"Mr.
C'li HIX AN'f I i OKTIIK liCVF.ItX MKNT Ol TITF
1 KKIUK'RY il TllK l.NITEO STATES, NOKTH
V1 T CKT1K H1VKR OHIO.
'' 'he. T'nitei States
in C-n-
hat the said territory, for sentative
I
On tho 9th of J ul, 1787, the ordinance was-
again refetred. lie committeo now consis
ted of Mr. Carrintd, of Virginia, Mr. Dr.eT-:
of Massachusetts, . il. H. Lee, of Virginia.
Mr. Kcan, ot Southb'arolina, and Mr. Smith
of New York- MrlCarrington, M. Lee, and
Mr. Uean, the newjnembers, were a mrjori-
uy.
This committee Id not "merely reviso the
temporary government, ue
however, to be divided
future circumstances
may, in tlicCpinion of Congress, make it ex
pedient. He x! ordtinc! by the authority aforesaid,
That the estatc'3 both of resident and non-resident
proprietors in the said territory, dying
intestate, siull descend to und be distributed
among Iheir'jhi'dren and the descendants of
a deceased aiild in equal parts, the descen
dants ot a d ecased chirti or grand-child to
tulio tho sh:fc cf their deceased parent in
equal parts among tiicm ; and where there
sha.l ho no iluid ten or descendants, then in
equal parlsio thc r.ext of kin, in equal de-
I gree ; and irnong collaterals the children of
a decease! orotLer or sister ol tho in testae
shall have ii cquaT parts among them their
deceased pi rent's soarc , and tiiere shall
IX No CA.-K lir. A IHSllNCTloX BETWEKX KIS-
drei of rip; whole am half ALooi ; saving
in all eas?lto the widow of lhe inlet tate her
third part f tho real estate for lile, and where
there shall no children of intestate' One-third
part ot thepersonal estate ; aud this law rel-
The Representatives thus elected shall serve
for the term of two years, and, in caso ol tho
death of the representative, or removal from
office, tho Governor shall issue a writ to the
county or township for which he was a mem
ber to elect ano'.her in his stead, to serve for
thc residue of the term.
The General Assembly, or Legislature,
shall consist of the Governor, Legislative
Council, and a Houso of Representatives.
The Legislative Council shall consist of five
members, continue in office fivo vcurs, unless
sooner removed by Congress, any three of
whom to be a quotum, and thc members ot
the Council shall be nominated and appoint
ed in tbo following manner, to wit : As soon
as the Representatives shall b elected, the
Governor shall appoint a limo and place lor
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 ot land, and return their
names to Congress; five of whom Congress
shall appoint and commission to serve as
aforesaid; and whenever a vacancy shall bap
office, the House of Representativp, bK.1I .
nominate two persons, qualified as aforesaid,
for each vacancy, and return their rmm.
Congress; one of whom Congress shall on. -
point and commission for the residue of tha !
term; and every fivo years, four months at
least before the expiration of the time of ser-
vice of the members of Conni.il tK
House shall nominate ten persons. Qualified
aforesaid, and return their names to Congress
fivo of whom Con (rr pat shall unrv;nt i
, o r biiu
commission to serve as members of the Coun
cil fivo years, unless soonor removed. And lho
Governor, Legislative Council, and Houso of
iveproseniauves, shall havo authority to make '
laws in all casos for the good government of -tho
district, not repugnant to the principles
and articles in this ordinance establinh-d nd
declared. And nil Kills K n i i
. . . o uiiug Liaoncu UY m
Mn.llH ! L - II 1, - .
uittjoniy in iuo xiouse, ana by a majority in
the Council, shall be referred to the Governor
for his assent; but no bill or legislative act
whatever sball be of any force without his as
sent. The Governor shall have power to
convene, prorogue, and dissolve tho General
Assembly, when in his opinion it shall be expedient.
Ibe Governor, Judges. Legislative Coun
cil, Secretary, and such other officerB as Con
gress shall appoint the district, shall take an
oatn or affirmation of fidelity and of office
the Governor beforo the President of Con
gress, and all other officers beforo the Gover
nor. As soon as a Legislature shall be, form
ed in the district, the Council and House, as
sembled in one room, shall have authority
by joint ballot to elect a delegate to Congress,
who shall Jiave a seat in Congress, with a ;
right of debating, but not of voting, during
this temporary governroeut.
And for extending Tto all varts ofthe Con.
fe'deracy the fundamental principles of civil
anu religious iiDerty, which lorm tho basis
whereon these Republics, their laws and con
stitutions are erected; to fix and establish
those principles as the basis of all laws, con
stitutions, and governments, which forever
hereafter shaU be formed in the said territo
ry; to provide also for the establishment of
States, and permanent government therein,
and for their admission to a share in thj Fed
eral Councils on an equal footing with the
original States, at as early periods as may bo
consistent with the general interest :
It is hereby ordained and declared by the au
thority aforesaid ; That the following artic
les shall bo considered as articles of compact
between tho original States and tho People
and States in tho said territory, and forever
remain unalterable, unless by common con-v
sent, lo wit :
Article thc First. No person demeaning
himsolf in peaceablo and orderly manner, shall
ever bo molested on account of his mode of
worship or religious sentiments in tho said
territory.
an.ui, wicoriwm. ne lnnaouanis oi tne -said
territory shal. always be entitled to the
benefits ofthe writf habeas corpus and ofthe
trial by jury; of a proportionate representa
tion of the people in tho Legislature, and of
judicial proceedings according to the courso
ot tno common law ; all persons shall bo bail
able unless for capital offences, where the
proof shall be evident or. the prcsumpt on
great ; all fines shall bo moderate, and , no
cruel unusuaLpnnishments shall be inflicted;
no man shall bo deprived of his liberty, .or of
property but by the judgement of his peers, or
the law of the land; nnd should tho publje
exigencies make it necessary for tho common
preservat on to take any person's property,
or to demand his particular services, full com
pensation shall be made lor tha same; and,
in the just preset qation of rights and proper
ty, it is understood and doclared that no law
ought ever to bo made or have forco hr the
said territory that. shall in any manner what
ever interfere with or affect private contracts
or engagements, bona fide and without fraud
previously formed.
Article the Third. Institutions for the promo-.
tion of religion, and morality, and knowl
edge, BEING NECESSARV TO GO01 GOVERNMENT
AND THE HAPPINESS OF MANKIND, Schools, and
tho means of education shall forevor be en
couraged, and all persons while young
SHALL HE TAUGHT SOME USEFUL OCCUPATION,
Tho utmost good faith shall always bo obser
ved towards the Indians ; their landa and pro
perty shall never bo taken from them without
thoir consent; and in their property, rights,
and liberty they never stall be invaded or
disturbed, unless in just and lawful wars au
thorized by Congress; but laws founded in
justice and humanity shall from time to timo
be made, for presenting, wrongs being dono
to them, and lor preserving peace and friend
ship with them.
Article the Fourth. Thesaid territoryand the
Stales which may be formed therein, shall
forever remain apart ot this Confederacy of
the United States of America, subject to the
articles of Confederation, and to such altera
tions therein as shall be constitutionally made;
and, to all thc acts and ordinances of the Uni
ted Slates in Congress assembled, conforma
ble thereto. Tho inhabitants and settlers in
I t!io said Tprrilnrv pli.ill In. cni.in-i l t.ttv' a
part ofthe Federal debts, contracted or to be
contracted, and a proportional part of the ex-w
penses of Government, to be apportioned ot
them by Congress, according to the sam
common rule and measure by which appor-'
tionments thereof shall be made on the other
Slates; and the taxes for paying their propor
tion shall bo laid and levied by the authority
and direction of tbo Legislatures of the dis
trict or districts, or now States, as in the origi
nal States, within tbo timo agreed upon by
lho Uuited Stales in Congress-assembled.
The Legislatures of thoso diMricts, or new
States, shall never interfere with the primary
disposal ot tho soil bytbe United States -in
Congrea assembled, nor with any regulations
Congress may find necessary for 6ecarjng the
title in such soil to the bona fide purchasers.'
No tax shatl bo imposed on lands thc proper
ty of tho United States; and in no case' shall
nou resident proprietors bo taxed higher than
residents. Tho navagable waters leading in
to the M SBissippi and St. Lawrence and the
carrying places between the same bball be
common highways, and forever free, as well
lo the inhabitants of the eaid territory as
to the citizens of the United States, aud those
of any other States that may be admitted in
to the Confederacy, without any tax, impost,
or duty therelor.
Article th' Fifth. There shall be formtd in
the said territory not less than three nor more
than five States, as soon as Virginia shall al
ter her act of cession and authorize consent
T )tne same, shar become hxed and etablisn-
pen in the Council, by death or removal from j ed as follows, to-wit: The westeru State in