In congress assembled, and of the particular state within which such alteration is proposed to be made.

On the 19th of April, the reported plan came up in congress for consideration. The southern states were generally opposed to the 5th proposition, prohibiting slavery in all the territories, after the year 1800. Under the articles of confederation, each state had but one vote, determined by a majority of its delegates-and the concurrence of a majority of all the thirteen states was necessary to carry any proposition. Hence the concurrence of a majority of the delegates from seven states was necessary.

The proposition to prohibit slavery, after the year 1800, was sustained by the unanimous vote of the states of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, and Pennsylvania-by one vote from New Jersey, one from North Carolina, and by Mr. Jefferson, from Virginia. The state of Virginia, by two delegates against one, and the states of Maryland and South Carolina voted against it. North Carolina was divided, Delaware and Georgia were not represented, and did not vote, and NewJersey, not having a quorum present, the one vote cast was not counted. The proposition being sustained by only six states, was lost.

The ordinance thus amended, with the prohibitory clause struck out, and some other unimportant amendments made, was passed by congress on the 23d of April, 1784-all the delegates excepting those from South Carolina, voting for it.

The reader will perceive that the ordinance as amended and passed, provided that the people of the several territories, or contemplated new states, should enjoy the, rights of self government, as to all local, domestic, and territorial matters, to nearly the same extent as the states do; including the subject of slavery, as well as all other subjects. It substantially established the doctrine of non-intervention by congress in the domestic affairs and government of the territories, and with the exception of a voting representation in congress, it put them on an equal footing with the atates. It substantially conferred on the territories power to legislate for themselves in all cases of a domestic or territorial nature, and to confirm, establish, and regulate, or to abolish and prohibit slavery therein.

The ordinance of 1784, not being satisfactory to the people of the northern states, congress, on the 11th of July, 1787, appoint ed another committee to consider the subject, of which Nathan Dane, of Massachusetts, was chairman. That committee reported the wise and justly celebrated ordinance which was adopted by congress, on the 13th of July, 1787.

SEC. 20. Ordinance of JULY 13TH, 1787, FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES, NORTH-WEST OF THE RIVER OHIO.

1. 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 divided into two districts, as future circumstances may, in the opinion of congress, make it expedient.

2. 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 grandchild, to take a 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

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parts among them, their deceased parent's 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 descendants 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 or sealed by him or her, in whom the estate may be, (being of full age), 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, 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 Canadian inhabitants, and other settlers of the Kaskaskias, Vincennes, 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.

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

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 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 jurisdiotion, 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 commission shall continue in force during good behavior.

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.

6. 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.

7. Previous to the organization of the general assembly, the governer 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.

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 or 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.

9. As 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 representa tives 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, or the like freehold, and two year's residence in the district, shall be necessary to qualify a man as an elector of a representative.

10. The representative 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.

11. The general assembly, or legislature, shall consist of the governor, legislative council, and 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 representa tives 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