tory 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 1744. 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 vieing with the French in its settlement, a company denominated the Ohio Company was organized in 1750, and obtained a grant in that year from the British Parliament for six hundred thousand acres of land on or near the Ohio river; and in 1750 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 1752 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 sanguinary 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 situate north-west of the River

Ohio, 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 1, 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 cautious 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 engrafted 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.

Be it Ordained by the United States in Congress Assembled, That the said territory, for the purpose of temporary government, be one district, subject, however, to be

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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 non-resident 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 child or grand-child 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 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 witness; and real estate 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.

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 one thousand acres of land, while in the exercise of his office.

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

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, 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 afterward the legislature shall have authority to alter them as they shall think fit.

The governor, for the time being, shall be commander-in-chief of the mili tia, 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.

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.

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 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.

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 of voting, during this temporary government.

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 general interest;