Chapter II
The North-West
Territory
At the time
Sebastian Cabot discovered North America, in 1498, the print of the foot of the
white man was not upon its soil. He had
traversed wide, billowy and "hilly seas," and peopled waste and
desert places of the earth, but here, on the sun-down side of the Western Hemisphere, he was not found. It
was the empire of
the native American,
barbaric hordes who roamed like untamed beasts over its extensive domain and
secreted themselves in its shady groves and cloistered valleys, unrestrained
and ungoverned by any of the rules which regulate civilized life.
Cabot's discovery paved the way, as also did that of
Columbus, for European immigration. Soon Spain, France and England vied with
each other for the ascendancy in the New World.
Spain had the honor of establishing the first colony
in North America, which was done at St. Augustine, Florida, in 1565, and is now
the oldest city, by forty years, within the limits of the Republic. The French
planted the second in 1604, at Port Royal, in Acadia, the original name of
Novia Scotia, and the English the third, at Jamestown, in April, 1607, which
was the first permanent settlement of the English in America.
England, becoming alarmed at the encroachments of the
French in the northern part of the New World, divided that portion of the
country which lies between the thirty-fourth and forty-fifth degrees of north
latitude into two grand divisions. Then James I., by grant, disposed of that
portion of the country included between the thirty-fourth and forty-first
degrees to an association of merchants, called the London Land Company, and to
the Plymouth Company, which subsequently settled New England, the territory
between the thirty-eighth and forty-fifth degrees. These grants crossing over each other, to some extent, became a source of
trouble to the Crown. The Cabots had visited Nova Scotia as early as 1498,
though there was no European colony established until the year above named.
Henry IV of France, had, as early as 1603, granted Acadia to DeMonts, a
Frenchman, and his followers, and some Jesuits, who, for several years,
endeavored to form settlements in Port Royal and St. Croix. They were finally
expelled from the country by the English governor and colonists of Virginia,
who claimed the country by right of the discovery of Sebastian Cabot. This
grant to DeMonts comprised the lands between. the fortieth and forty-sixth
degrees of north latitude, and hence included the lands at present composing
the (northern half of) State of Ohio.
The grant of James I. of England to the London Company
also embraced Ohio, and the grant of the same monarch to the Plymouth Company
included a portion of it. France, knowing to the importance of seizing and
holding the sway over the much-coveted lands of the western sun, equipped and
sent out her boldest adventurers to explore and possess the country, prominent
among whom appeared LaSalle, Champlain and Marquette. Forts were erected by
them on the lakes and on the
Mississippi, Illinois and Maumee rivers, and the whole North-western
Territory was included by them in the province of Louisiana; in fact our
entire, country, according to their geographers, was New France, except that
east of the great ranges of mountains, whose streams flow into the Atlantic;
and of this portion they even claimed the basin of the Kennebec, and all of
Maine to the east of that valley. As early as 1750 they had strong and
well-guarded fortifications erected at the mouth of the Wabash river, and a
line of communication opened to Acadia, by way of this stream, the lakes and
the St. Lawrence. The English not only claimed the North-western Territory by
reason of discovery, and by grant of the King of England, but by virtue of the purchase of the same, from the
Indians by treaty, at Lancaster, in 1741. By that treaty the Six Nations ceded
the lands or territory to the English, as they claimed. For the purpose of
formally possessing it and vying with the French in its settlement, a company denominated the OhioCompany was organized in 1750, and obtained a grant in that year from the
British Parliament for 600,000 acres of land on or near the Ohio river; and in
I750 the English built and established a trading house at a place called Loramie's Store, on
the Great Miami River, and which was the first English establishment erected in
the North-west Territory, or the great valley of the Mississippi. In the early
part of 1732 the French demolished this trading-house, and carried the
inhabitants off to Canada. Its destruction involved something of a conflict,
and the Ottawas and Chippewas assisting the French, fourteen of the red
warriors were killed and several wounded before it succumbed.
In 1762 the Moravian missionaries, Post and
Heckwelder, had established a station upon the Muskingum River. In 1763 the
French ceded their possessions in the North-west, and, indeed, in North
America, to Great Britain, and from that time forward the English had only the natives with whom to contend.
After many bloody conflicts, in which valuable lives were sacrificed, the
haughty Briton became master of the soil. In 1774, by act of Parliament of the
English government, the whole of the North-west Territory was annexed to, and made part of, the
Province of Quebec.
July 4, 1776, the colonists renounced further
allegiance to the British Crown, and each State or Colony then claimed
jurisdiction over the soil embraced within its charter. The war of the
Revolution terminating favorably to the colonists, the King of England,
September 3, 1783, ceded all claim to the North-west Territory to the United
States. By charter, Virginia claimed that portion of the territory which was
situated north-west of the Ohio River, but in 1784 she ceded all claim to the
territory to the United States.
By virtue of this act or deed of cession the General
Assembly of Virginia did, through her delegates in Congress, March I, 1784,
"convey (in the name and for and on behalf of the said commonwealth),
transfer, assign, and make over unto the United States in Congress assembled, for the benefit of said States,
Virginia inclusive, all right, title and claim, as well of soil as of jurisdiction, to the territory of said State lying and being to the north-west
of the river of Ohio." The deed of cession being tendered by the
delegates, Congress at once resolved, "that it be accepted, and the same
be recorded and enrolled among the acts of the United States in Congress
assembled."
Title to the vast territory of the north-west having
thus been secured to the United States, at an early date the prudent
consideration of Congress was directed toward preliminary measures pointing to
the permanent organization of civil government in the same, it now being within the legitimate
province of its legislation. July 13, 1787, that August body, after considerate
investigation, deliberate thought, and cautions inquiry into the subject,
combined with tedious, dispassionate, and exhaustive analysis of the vital issues involved, proclaimed the
outgrowth of their matured action to the civilized world in what they saw
proper to denominate, "An ordinance for the government of the territory of
the United States north-west of the River Ohio," which is popularly, known
as "the Ordinance of 87.'' This
ordinance was the supreme law of the territory, and upon it was joined and in
harmony with it, our entire territorial enactments, and all our subsequent
State legislation. As we are greatly indebted to that document, the product of
a sound, wise, and far-reaching statesmanship, for a large share of our
greatness, prosperity and happiness, we here reproduce it:
Ordinance of 1787
An Ordinance for the government
of the Territory of the United States northwest of the River Ohio.
Section 1. 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.
Sec 2. Be it ordained by the authority aforesaid, That the
estates, both of resident and nonresident proprietors in the said territory,
dying in testate, shall descent to, and be distributed among their children,
and the descendants of a deceased child, in equal parts; the descendants of a
deceased child or grandchild to take the share of their deceased parent in
equal parts among them: And where there shall be no children or descendants,
then in equal parts to the next of kin in equal degree; and among collaterals,
the children of a deceased brother or sister of the in 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 in testate 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 Kaskaskies, 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.
Sec. 3. 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 1,000 acres of land, while in the exercise of his office.
Sec. 4. 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 behavior.
Sec. 5. 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 of by Congress; but afterwards the Legislature shall have
authority to alter them as they shall think fit.
Sec. 6. 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.
Sec. 7. 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 the magistrates and other civil officers shall be
regulated and defined by the said assembly; but all magistrates and other civil
officers not herein otherwise directed, shall during the continuance of this
temporary government, be appointed by the governor.
Sec. 8. 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.
Sec. 9. So soon as there shall be five thousand free male inhabitants
of full age in the district, upon giving proof thereof to the governor, they
shall receive authority, with time and place, to elect a representative from
their counties or townships to represent them in the general assembly:
Provided, That, for every five hundred free male inhabitants, there shall be
one representative, and so on progressively with the number of free male
inhabitants shall the right of representation increase, until the number of
representatives shall amount to twenty five; after which, the number and
proportion of representatives shall be regulated by the legislature: Provided,
That no 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, two hundred acres of land within the same; Provided, also, That a
freehold in fifty acres of land in the district, having been a citizen of one
of the states, and being resident in the district, or the like freehold and two
years residence in the district, shall be necessary to qualify a man as an
elector of a representative.
Sec. 10. 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.
Sec. 11. 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 five
hundred 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
return their names to Congress; five of whom Congress shall appoint and
commission to serve as members of the council five years, unless sooner
removed. And the governor, legislative council, and house of representatives,
shall have authority to make laws in all cases, for the good government of the
district, not repugnant to the principles and articles in this ordinance
established and declared. 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.
Sec. 12. 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
voting during this temporary government.
Sec. 13. 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 government 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:
Sec. 14. 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. 1. 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. 2. 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 offenses, 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. 3. 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 be observed
towards the Indians; their lands and property shall never be taken from them
without their consent; and, in their property, rights, and liberty, they shall
never be invaded or disturbed, unless in just and lawful wars authorized by
Congress; but laws founded in justice and humanity, shall from time to time be
made for preventing wrongs being done to them, and for preserving peace and
friendship with them.
Art. 4. The said territory, and the States which may be formed
therein, shall forever remain a part of this Confederacy of the United States
of America, subject to the Articles of Confederation, and to such alterations
therein as shall be constitutionally made; and to all the acts and ordinances
of the United States in Congress assembled, conformable thereto. The
inhabitants and settlers in the said territory shall be subject to pay a part
of the federal debts contracted or to be contracted, and a proportional part of
the expenses of government, to be apportioned on them by Congress according to
the same common rule and measure by which apportionments thereof shall be made
on the other States; and the taxes for paying their proportion shall be laid
and levied by the authority and direction of the legislatures of the district
or districts, or new States, as in the original States, within the time agreed
upon by the United States in Congress assembled. The legislatures of those
districts or new States, shall never interfere with the primary disposal of the
soil by the United States in Congress assembled, nor with any regulations
Congress may find necessary for securing the title in such soil to the
bona
fide purchasers. No tax shall be imposed on lands the property of the
United States; and, in no case, shall nonresident proprietors be taxed higher
than residents. The navigable waters leading into the Mississippi and St.
Lawrence, and the carrying places between the same, shall be common highways
and forever free, as well to the inhabitants of the said territory as to the
citizens of the United States, and those of any other States that may be
admitted into the confederacy, without any tax, impost, or duty therefor.
Art. 5. There shall be formed in the said territory, not less than
three nor more than five States; and the boundaries of the States, as soon as
Virginia shall alter her act of cession, and consent to the same, shall become
fixed and established as follows, to wit: The western State in the said
territory, shall be bounded by the Mississippi, the Ohio, and Wabash Rivers; a
direct line drawn from the Wabash and Post Vincents, due North, to the
territorial line between the United States and Canada; and, by the said
territorial line, to the Lake of the Woods and Mississippi. The middle State
shall be bounded by the said direct line, the Wabash from Post Vincents to the
Ohio, by the Ohio, by a direct line, drawn due north from the mouth of the
Great Miami, to the said territorial line, and by the said territorial line.
The eastern State shall be bounded by the last mentioned direct line, the Ohio,
Pennsylvania, and the said territorial line:
Provided, however, and it
is further understood and declared, that the boundaries of these three States
shall be subject so far to be altered, that, if Congress shall hereafter find
it expedient, they shall have authority to form one or two States in that part
of the said territory which lies north of an east and west line drawn through
the southerly bend or extreme of Lake Michigan. And, whenever any of the said
States shall have sixty thousand free inhabitants therein, such State shall be
admitted, by its delegates, into the Congress of the United States, on an equal
footing with the original States in all respects whatever, and shall be at
liberty to form a permanent constitution and State government:
Provided,
the constitution and government so to be formed, shall be republican, and in
conformity to the principles contained in these articles; and, so far as it can
be consistent with the general interest of the confederacy, such admission
shall be allowed at an earlier period, and when there may be a less number of
free inhabitants in the State than sixty thousand.
Art. 6. There shall be neither slavery nor involuntary servitude in
the said territory, otherwise than in the punishment of crimes whereof the party
shall have been duly convicted:
Provided, always, That any person
escaping into the same, from whom labor or service is lawfully claimed in any
one of the original States, such fugitive may be lawfully reclaimed and
conveyed to the person claiming his or her labor or service as aforesaid.
Be it ordained by the authority aforesaid, That the resolutions of
the 23rd of April, 1784, relative to the subject of this ordinance, be, and the
same are hereby repealed and declared null and void.
Done by the United States, in Congress assembled, the 13th day of July, in
the year of our Lord 1787, and of their sovereignty and independence the
twelfth.