- 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

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