for that purpose, upon the unappropriated lands of the United States, and that they cause to be circulated in the said country the following proclamation:

See post, No. 19.

Whereas it hath been represented to the United States in Squatters warned. Congress assembled, that several disorderly persons have crossed the river Ohio and settled upon their unappropriated lands; and, whereas it is their intention, as soon as it shall be surveyed, to open offices for the sale of a considerable part thereof, in such proportions and under such other regulations as may suit the convenience of all the citizens of the said States and others who may wish to become purchasers of the same; and as such conduct tends to defeat the object which they have in view, is in direct opposition to the ordinances and resolutions of Congress, and highly disrespectful to the federal authority, they have, therefore, thought fit, and do hereby issue this their proclamation, strictly forbidding all such unwarrantable intrusions, and en- tlements on public joining all those who have settled thereon to depart with lands prohibited. their families and effects, without loss of time, as they shall answer the same at their peril.

[See Part II, Nos. 1, 16.]

Unauthorized set

In Congress,

1786, May 9.

CHAP. 16.-Resolved, That the geographer of the United States, and the surveyors appointed, pursuant to the ordinance of Congress passed May, 20, 1785,* for ascertaining Ante, chapter 14. the mode of disposing of lands in the Western territory, and who have accepted their appointments, proceed in the execution of the said ordinance: Provided, That they do not proceed further northerly than the east and west line mentioned in the said ordinance.

In Congress, 1786, May 12.

CHAP. 17. Whereas the ordinance for ascertaining the mode of disposing of lands in the Western territory † di- +See ante, ch. 14. rects "That the geographer and surveyor shall pay the utmost attention to the variation of the magnetic needle, and shall run and note all lines by the true meridian, certifying, with every plat, what was the variation at the times of running the lines thereon noted," which direction will greatly delay the survey of the said territory:

Resolved, That the above-recited clause in the said ordinance be, and the same hereby is, repealed.

CHAP. 18.-Resolved, That after the Secretary at War shall have drawn for the proportionate quantity of the lands already surveyed, which were assigned to the late army, agreeably to the ordinance of the 20th of May, 1785, the

In Congress,

1787, April 21.

Sales ordered.

Terms prescribed.

remainder shall be advertised for sale in one of the newspapers, at least, of each of the States; and at the expiration of five months from this day, the sale of the land shall commence in the place where Congress shall sit, and continue from day to day until the same shall be disposed of; provided that none of the land shall be sold at a less price than one dollar per acre, and that the sale shall be made agreeably to the mode pointed out by the ordinance aforesaid.

Resolved, That one third of the purchase-money shall be immediately paid, in any of the public securities of the United States, to the Treasurer of the said States, and that the remaining two thirds shall be paid in like manner in three months after the date of the sale; on which payment, (a certificate thereof being previously furnished by the Treasurer to the Board of Treasury,) titles to the lands shall be given to the purchasers by the Board of Treasury, agreeably to the terms prescribed by the said ordinance: Provided, That if the second payment shall not be made in three months, as aforesaid, the first payment shall be forfeited, and the lands shall again be exposed to sale.

In Congress, 1787, April 24.

Unauthorized settlers removed.

CHAP. 19.-Resolved, That the Secretary at War direct the commanding officer of the troops of the United States on the Ohio to take immediate and efficient measures for dispossessing a body of men who have, in a lawless and unauthorized manner, taken possession of Post St. Vincent's, in defiance of the proclamation and authority of the United States; and that he employ the whole, or such part of the force under his command as he shall judge necessary to ef*See ante, chapters fect the object.*

11 and 15.

[See Part II, Nos. 1, 16.]

In Congress, 1787, July 13.

Rules of inheritance, &c.

CHAP. 20. According to order, the ordinance for the government of the territory of the United States northwest of the river Ohio was read a third time and passed, as follows: An ordinance for the government of the territory of the United States northwest of the river Ohio.

Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Be it ordained by the authority aforesaid, That the estates both of resident and nonresident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child, in equal parts; the descendants of a deceased

ance, &c.

child or grandchild to take the share of their deceased pa- Rules of inheritrent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' share; and there shall, in no case, be a distinction between kindred of the whole and half blood, saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower shall remain in full force until altered by the Legislature of the district. And until the Governor and judges shall adopt laws, as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered, by the person (being of full age) in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers, shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, St. Vincent's, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them relative to the descent and conveyance of property.

Be it ordained by the authority aforesaid, That there Governor, shall be appointed from time to time, by Congress, a Governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in one thousand acres of land, while in the exercise of his office.

There shall be appointed from time to time, by Congress, Secretary. 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 five hundred acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the public records of the district, and the proceedings of the Governor in his executive department; and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in five hundred acres of land,

Adoption and publication of laws.

Officers of militia.

Appointment of magistrates, &c.

the district.

while in the exercise of their offices; and their commissions shall continue in force during good behaviour.

The Governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them. to Congress from time to time; which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; but afterwards, the Legislature shall have authority to alter them as they shall think fit.

The Governor for the time being shall be commander-inchief 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.

Previous to the organization of the General Assembly, the Governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly; but all magistrates and other civil officers not herein otherwise. directed shall, during the continuance of this temporary government, be appointed by the Governor.

Civil divisions of 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.

Right of representation, General Assembly, &c.

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 representatives 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.

The representatives thus elected shall serve for the term of two years; and in case of the death of a representative, or removal from office, the Governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term. The General Assembly, or Legislature, shall consist of the Constitution 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 remoAnd 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.

legislative power,

and of office to be

The Governor, judges, Legislative Council, secretary, and Oath of fidelity such other officers as Congress shall appoint in the district, taken. 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 Delegate to Con

gress.