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Be it ordained by the authority
aforesaid, That the estates both of reALABAMA.
sident and nonresident proprietors in Resolution of December 14th, 1819, de
the said territory, dying intestate, shall claring the admission of the State of Ala
descend to, and be distributed among bama into the Union.
their children, and the descendants of
a deceased child, in equal parts; the Whereas, in pursuance of an act of descendants of a deceased child or Congress, passed on the second day of grand child to take the share of their March, one thousand eight hundred
deceased parent in equal parts among and nineteen, entitled “An act to ena.
them: and wbere there shall be no ble the people of the Alabama Territo
children or descendants, then in equal ry to form a constitution and state go
parts to the nextof kin, in equal degree; vernment, aad for the admission of such and among collaterals, the children of state into the Union on an equal foot
a deceased brother or sister of the ining with the original states,” the peo
testate shall have, in equal parts ple of the said territory did, on the se
among them, their deceased parents' cond day of August, in the present year,
share; and there sball, in no case, be a by a Convention called for that pur
distinction between kindred of the pose, form for themselves a constitu
whole and half blood; saving in all ca. tion and state government, which con
ses to the widow of the intestate, her stitution and state government, so form
third part of the real estate for life, and ed, is republican, and in conformity to
one third part of the personal estate: the principles of the articles of com
and this law relative to descents and pact between the original states and dower, shall remain in full force until the people and states in the territory
altered by the legislature of the disnorthwest of the river Ohio, passed on
trict. And until the goversor and the thirteenth day of July, one thousand judges shall adopt laws as herein after seven hundred and eighty-seven, so far mentioned, estates in the said territory as the same have been extended to the
may be devised or bequeathed by wills said territory by the articles of agree
in writing, signed and sealed by bim or ment between the United States and
her, in whom the estate may be, (being the state of Georgia
of full age,) and attested by three witResolved, That the state of Alabama
nesses; and real estates may be conshall be one, and is hereby declared to
veyed by lease and release, or bargain be one, of the United States of Ameri.
and sale, signed, sealed, and delivered, ca, and admitted into the Union, on an
by the person, being of full age, in equal footing with the original states, by two witnesses, provided such wills
whom the estate may be, and attested in all respects whatever.
be duly proved, and such conveyances No. II.
be acknowledged, or the execution
thereof duly proved, and be recorded ORDINANCE FOR 1787.
within one year after proper magis.
trates, courts, and registers, shall be For the government of the territory of the appointed for that purpose; and personUnited States, northwest of the river Ohio. al property may be transferred by de
livery; saving, however, to the French Be it ordained by the United States and Canadian inhabitants, and other in congress assembled, That the said
settlers of the Kaskaskies, Saint Vin. territory, for the purposes of temporary cents, and the neighbouring villages, goveroment, be one district; subject, who have heretofore professed themhowever, to be divided into two dis- selves citizens of Viginia, their laws tricts, as future circumstances may, in and customs now in force ai nong them, the opinion of congress, make it expe. relative to the descent and conveyance dient.
(Ordinance of 1787.) Be it ordained by the authority servation of the peace and good order aforesaid, That there shall be appoint- in the same. After the general ased, from time to time, by congress, a sembly sball be organized, the powers governor, whose commission shall con- and duties of magistrates and other citinue in force for the term of three vil officers shall be regulated and defiyears, unless sooner revoked by con- ned by the said assembly, but all ma. gress: he shall reside in the district, gistrates and other civil officers, not and have a freehold estate therein, in herein otherwise directed, shall, during one thousand acres of land, while in the the continuance of this temporary goexercise of his office.
vernment, be appointed by the goThere shall be appointed from time vernor. to time, by congress, a secretary whose For the prevention of crimes and incommission shall continue in force for juries, the laws to be adopted or made four years, unless sooner revoked; he shall bave force in all parts of the disshall reside in the district, and have a trict, and for the execution of process, freehold estate therein, in five bundred criminal and civil: the governor sball acres of land, while in the exercise of make proper divisions thereof; and be his office; it shall be his duty to keep shall proceed from time to time, as cirand preserve the acts and laws passed cumstances may require, to lay out by the legislature, and the public re the parts of the district in which the cords of the district, and the proceed. Iodian titles shall have been extinings of the governor in his executive guished, into counties and townships, department; and transmit authentic subject, however, to such alterations copies of such acts and proceedings, as may thereafter be made by the legisevery six months, to the secretary of lature. congress: There shall also be appoint- So soon as there shall be five thoued a court, to consist of three judges, sand free male inbabitants, of full age, any two of whom to form a court, who in the district, upon giving proof thereshall have a common law jurisdiction, of to the governor, they shall receive and reside in the district, and have each authority, with time and place, to elect therein a freebold estate, in five hun representatives from their counties or dred acres of land, while in the exer townships, to represent them in the cise of their offices; and their commis general assembly; provided that, for sions shall continue in force during every five hundred free male inhabigood behaviour.
tants, there shall be one representaThe governor and judges, or a majo tive, and so on, progressively, with the rity of them, shall adopt and publish in number of free male inhabitants, sball the district, such laws of the original the right of representation increase, states, criminal and civil, as may be until the number of representatives necessary, and best suited to the cir. shall amount to twenty-five; after cumstances of the district, and report which the number and proportion of them to congress, from time to time; representatives shall be regulated by which laws shall be in force in the dis: the legislature; provided, that no pertrict until the organization of the gen son be eligible or qualified to act as a eral assembly therein, unless disap representative, unless he shall have proved of by congress; but afterwards been a citizen of one of the United States the legislature shall have authority to three years, and be a resident in the alter them as they shall think fit. district, or unless he shall have resided
The governor for the time being, in the district three years: and in eishall be commander in chief of the mi- ther case, shall likewise hold in his litia, appoint and commission all offi- own right, in fee simple, two hundred cers in the same, below the rank of acres of land within the same; provided general officers, all general officers also, that a freebold in fifty acres of shall be appointed and commissioned land in the district, having been a citidy congress.
zen of one of the states, and being rePrevious to the organization of the sident in the district, or the like freegeneral assembly, the governor shall hold and two years residence in the disappoint such magistrates and other ci- trict, shall be necessary to qualify a vil officers, in each county or township, man as an elector of a representative. as he shall find necessary for the pre. The representatives thus elected,
(Ordinance of 1787.) shall serve for the term of two years; The governor, judges, legislative and in case of the death of a represen- council, secretary, and such other offi. tative, or removal from office, the go cers as congress shall appoint in the vernor shall issue a writ to the county district, shall take an oath or affirmaor township, for which he was a mem tion of fidelity, and of office; the gober, to elect another in his stead, to vernor before the president of congress, serve for the residue of the term. and all other officers before the govern
The general assembly, or legisla As soon as a legislature shall be ture, shall consist of the governor, le formed in the district, the council and gislative council, and a house of repre house assembled, in one room, shall sentatives. The legislative council have authority, by joint ballot, to elect shall consist of five members, to con a delegate to congress, who shall have tinue in office five years, unless sooner a seat in congress, with a right of deremoved by congress; any three of bating, but not of voting during this whom to be a quorum: and the members temporary government. of the council shall be nominated and Add for extending the fundamental appointed in the following manner, to principles of civil and religious liberty, wit: As soon as representatives shall which form the basis whereon these be elected, the governor shall appoint republics, their laws, and constitutions, a time and place for them to meet to are erected; to fix and establish those gether, and when met, they shall nomi.
principles as the basis of all laws, connate ten persons, residents in the dis- stitutions, and governments, which fortrict and each possessed of a frechold ever hereafter sball be formed in the in five hundred acres of land, and re said territory; to provide, also, for the turn their names to congress; five of establishment of states, and permanent whom congress shall appoint and
government therein, and for their adcommission to
mission to a share in the federal counand whenever a vacancy shall hap- cils on an equal footing with the origipen in the council, by death or re nal states, at as early periods as may moval from office, the house of repre. be consistent with the general interest: sentatives shall nominate two persons, It is hereby ordained and declared, qualified as aforesaid, for each vacancy, by the authority aforesaid, That the and return their names to congress; following articles shall be considered one of whom congress shall appoint as articles of compact, between the and commission for the residue of the original states and the people and states term: And every five years, four in the said territory, and forever remonths at least before the expiration main unalterable, unless by common of the time of service of the members of
consent, to wit: council, the said house shall nominate ART. 1. No person, demeaning ten persons, qualified as aforesaid, and himself in a peaceable and orderly return their names to congress; five of manner, shall ever be molested on acwhom congress shall appoint and com count of his mode of worship or relimission to serve as members of the coun gious sentiments, in the said territory. cil five years, unless sooner removed. Art. 2. The inhabitants of the said And the governor, legislative council, territory shall always be entitled to and house of representatives, shall have the benefits of the writ of habeas corauthority to make laws, in all cases, pus, and of the trial by jury; of a profor the good government of the district, portionate representation of the people not repugnant to the principles and ar in the legislature, and of judicial proticles in this ordinance established and
ceedings according to the course of the declared. And all bills, having passed common law.
All persons shall be by a majority in the house, and by a bailable, upless for capital offences, majority in the council, shall be refer where the proof shall be evident, or the red to the governor for his assent; but presumption great, All fipes shall be no bill or legislative act whatever, shall moderate; and no cruel or unusual pube of any force without his assent. nishments shall be inflicted. No man The governor shall have power to con shall be deprived of his liberty or provene, prorogue, and dissolve, the gene- perty, but by the judgment of his peers, ral. assembly, when in his opinion it or the law of the land, and sbould the shall be expedient.
public exigencies make it necessary,
(Ordinance of 1787.) for the common preservation, to take for securing the title in such soil, to the any person's property, or to demand bis bona fide purchasers. No tax shall be particular services, full compensation imposed on lands the property of the shall be made for the same. And, in United States; and in no case shall nonthe just preservation of rights and pro- resident proprietors be taxed higber perty, it is understood and declared, than residents. The navigable waters that no law ought ever to be made, or leading into tbe Mississippi and St. have force in the said territory, that Lawrence, and the carrying places beshall, in any manner whatever, inter- tween the same, shall be common highfere with, or affect, private contracts or ways, and forever free, as well to the engagements, bona fide, and without inbabitants of the said territory, as to fraud, previously formed.
the citizens of the United States, and ART. 3. Religion, morality, and those of any other states that may be knowledge, being necessary to good admitted into the confederacy, without government and the happiness of inan- any tax, impost, or duty therefor. kind, schools and tbe means of educa- ART. 5. There shall be formed in the tion shall forever be encouraged. The said territory, not less than three, nor utmost good faith shall always be obser more than five states: and the bounda. ved towards the Indians; their lands ries of the states, as soon as Virgiand property shall never be taken from nia shall alter her act of cession, and them without their consent: and in consent to the same, shall become fixed their property, rights, and liberty, they and established as follows, to wit: the never shall be invaded or disturbed, western state in the said territory,shall unless in just and lawful wars authori- be bounded by the Mississippi, the zed by congress; but laws founded in Ohio, and Wabash rivers; a direct line justice and humanity shall, from time drawn from tbe Wabash and Post Vidto time, be made, for preventing cents, due north, to the territorial line wrongs being done to them, and for pre between the United States and Canaserving peace and friendship with them. da, and by the said territorial line to
ART. 4. The said territory, and the the lake of the Woods and Mississippi. states which may be formed therein, The middle states shall be bounded by shall forever remain a part of this con- the said direct line, the Wabash, from federacy of the United States of Ame- Post Vincents to the Ohio, by the Ohio, rica, subject to the articles of confede- by a direct line drawn due north from ration, and to such alterations therein the mouth of the Great Miami to the as shall be constitutionally made; and said territorial line, and by the said to all the acts and ordinances of the Uni- territorial line. The eastern state shall ted States in congress assembled, con- be bounded by the last mentioned direct formable thereto. The inhabitants and line, the Ohio, Pennsylvania, and the settlers in the said territory shall be said territorial line; provided bowerer, subject to pay a part of the federal and it is further understood and decladebts, contracted or to be contracted, red, that the boundaries of these three and a proportional part of the expenses states shall be subject so far to be alterof government, to be apportioned on ed, that, if congress shall hereafter them by congress, according to the find it expedient, they shall have ausame common rule and measure by thority to form one or two states in which apportiopments thereof shall be that part of the said territory which made on the other states; and the tax- lies north of an east and west line es for paying their proportion, sball be drawn through the southerly bend or laid and levied by the authority and extreme of lake Michigan. And direction of the legislatures of the dis- whenever any of the said states shall trict or districts, or new states, as in have sixty thousand free inhabitants the original states, within the time therein, such state shall be admitted, agreed upon by the United States in by its delegates, into the congress of congress assembled. The legislatures the United States, on an equal footing of those districts, or new states, shall with the original states, in all respects never interfere with the primary dispo- whatever; and shall be at liberty to sal of the soil by the United States in form a permanent constitution and congress assembled, nor with any re- state government; provided the constigulations congress may find necessary, tution and government, so to be form
(Indiana—Alabama.) ed, shall be republican, and in confor. ing with the original states, and to no mity to the principles contained in other purpose whatever; and an annual these articles; and, so far as it can be account of the application of the same consistent with the general interest of shall be transmitted to the secretary the confederacy, such admission shall of the treasury, by such officer of the be allowed at an earlier period, and state as the legislature thereof shall diwhen there may be a less number of rect, and in default of such return being free inbabitants in the state than sixty made, the secretary of the treasury is thousand.
bereby required to withhold the pay. Art. 6. There shall be neither sla- ment of any sum that may then be due, very nor involuntary servitude in the or which may thereafter become due, said territory, otherwise than in the until a return shall be made, as herein puuishment of crimes, whereof the par. required. ty shall have been duly convicted; provided always, that any person es
No. IV. caping into the same, from whom labor or service is lawfully claimed in LANDS SOUTH AND WEST OF anr one of the original states, such fu
THE OHIO. gitive may be lawfully reclaimed, and conveyed to the person claiming his or ACT of April 20th, 1818. her labor or service as aforesaid.
An act respecting the surveying and sale of Be it ordained by the authority the public lands in Alabama territory. aforesaid, That the resolutions of the 23d of April, 1784, relative to the sub
The powers and duties of the surject of this ordinance, bė and the same
veyor for the lands in the northern part
of the late Mississippi territory, shall exare bereby repealed and declared null
tend to the whole of the Alabama terand void. Done, &c.
ritory, and that only. And it shall be No. III.
his duty to cause such of the said lands,
to which the Indian title has been, or INDIANA.
shall hereafter be, extinguished, as the
President of the United States shall di. ACT of April 11th, 1818.
rect, to be surveyed and divided in the An act to provide for paying to the state of In- same manner, and under the same re
diaoa three per cent. of the net proceeds gulations, as are provided by law in arising from the sales of the United relation to other public lands. And States' lands within the same.
the said surveyor shall receive for his Sec. 1. That the secretary of the services, bereafter, an annual compentreasury sball, from time to time, and sation of two thousand dollars, and whenever the quarterly accounts of shall be allowed not exceeding two public monies of the several land offi- clerks, wbose wbole compensation ces shall be settled, pay three per cent. shall not exceed fifteen hundred dolof the nett proceeds of the lands of the lars per annum. United States, lying within the state of Sec. II. In every public sale hereIndiana, which, since the first day of after to be made of public lands, in the December, one thousand eight hundred territory of Alabama, there shall, in and sixteen, have been, or hereafter addition to the usual reservation of may be, sold by the United States, af section sixteen, in each township, for ter deducting all expenses incidental to the support of schools, be excepted the same, to such person or persons as from the sales such sections not exmay be authorised by the legislature of ceeding ten in any one land district, as the said state to receive the same; the President of the United States shall which sums thus paid, shall be applied have designated, for the purpose of layto making public roads and canals, ing out and establishing towns thereon; within the said state, in conformity to the which sections, so designated and reprovision on this subject, contained in served, for the purpose aforesaid, sball the act, entitled “ An act to enable be laid off into lots, and offered for sale, the people of the Indiana territory, to in the manner, and on the terms and form a constitution and state govern- conditions, and with the same limitament, and for the admission of such tion as to price, as is prescribed for the state into the union, on an equal foot laying off and sale of lots, by the fifth