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of circumstances judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.

The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same; nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States in Congress assembled.

The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such

ournal, except such parts as are above excepted, to lay before the Legislatures of the several States.

ARTICLE X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite.

ARTICLE XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine States.

ARTICLE XII. All bills of credit emitted, monies bor. rowed and debts contracted by, or under the author. ity of Congress, before the assembling of the United

States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged.

ARTICLE XIII. Every State shall abide by the determinations of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every State.

And whereas it has pleased the Great Governor of the world to incline the hearts of the Legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the States we re[s]pectively represent, and that the Union shall be perpetual. In witness whereof we have hereunto set our hands

in Congress. Done at Philadelphia in the State of Pennsylvania the ninth day of July in the year of our Lord one thousand seven hundred and seventyeight, and in the third year of the independence of America.

On the part & behalf of the State of New Hampshire JOSIAH BARTLETT,

JOHN WENTWORTH, Junr.,

August 8th, 1778. on the part and behalf of the State of Massachusetts

Bay JOHN HANCOCK,

FRANCIS DANA, SAMUEL ADAMS,

JAMES LOVELL, ELBRIDGE GERRY,

SAMUEL HOLTEN. On the part and behalf of the State of Rhode Island

and Providence Plantations WILLIAM ELLERY,

JOHN COLLINS. HENRY MARCHANT, On the part and behalf of the state of Connecticut ROGER SHERMAN,

TITUS HOSMER, SAMUEL HUNTINGTON, ANDREW ADAMS. OLIVER WOLCOTT,

* From the circumstances of delegates from the same State having signed the Articles of Confederation at diferent times, as appears by the dates, it is probable they affixed their names as they happened to be present in congress, after they had been authorized by their constituents.

On the part and behalf of the State of New York On the part and behalf of the State of Maryland
JAS. DUANE,
WM. DUER

JOHN HANSON, March 1, DANIEL CARROLL, Mar. 1,
FRA. LEWIS,
Gouv. MORRIS.

1781.

1781.

On the part and behalf of the State of Virginia On the part and in behalf of the State of New Jersey,

RICHARD HENRY LEE, JNO. HARVIE,
Novr. 26, 1778

JOHN BANISTER,

FRANCIS LIGHTFOOT LEE. JNO. WITHERSPOON. NATHL. SCUDDER.

THOMAS ADAMS,

On the part and behalf of the State of No. Carolina On the part and behalf of the State of Pennsylvania

JOHN PENN, July 21st, CORNS. HARNETT,
ROBT. MORRIS,
WILLIAM CLINGAN,

1778.

JNO. WILLIAMS. DANIEL ROBERDEAU,

JOSEPH REED, 22d July, JONA. BAYARD SMITH,

1778.

On the part & behalf of the State of South Carolina
HENRY LAURENS,

RICHD. HUTSON,
On the part & behalf of the State of Delaware WILLIAM HENRY DRAYTON, THOS. HEYWARD, Junr.
THO. M'KEAN, Feby. 12, NICHOLAS VAN DYKE.

JNO. MATHEWS, 1779.

On the part & behalf of the State of Georgia JOHN DICKINSON, May

JNO. WALTON, 24th July, EdwD. TELFAIR, 5th, 1779.

1778.

EDWD. LANGWORTHY.

ORDINANCE OF 1787: THE NORTHWEST TERRITORIAL GOVERNMENT

(THE CONFEDERATE CONGRESS, JULY 13, 1787)

SEC. 4. There shall be appointed from time to time,

by Congress, a secretary, whose commission shall An Ordinance for the government of the territory of

continue in force for four years, unless sooner rethe United States northwest of the river Ohio

voked; he shall reside in the district, and have a SECTION 1. Be it ordained by the United States in freehold estate therein, in five hundred acres of land, Congress assembled, That the said territory, for the while in the exercise of his office. It shall be his duty purpose of temporary government, be one district, to keep and preserve the acts and laws passed by the subject, however, to be divided into two districts, as legislature, and the public records of the district, and future circumstances may, in the opinion of Con- the proceedings of the governor in his executive degress, make it expedient.

partment, and transmit authentic copies of such SEC. 2. Be it ordained by the authority aforesaid, acts and proceedings every six months to the SecreThat the estates both of resident and non-resident tary of Congress. There shall also be appointed a proprietors in the said territory, dying intestate, shall court, to consist of three judges, any two of whom to descent to, and be distributed among, their children form a court, who shall have a common-law jurisdicand the descendants of a deceased child in equal tion, and reside in the district, and have each therein parts, the descendants of a deceased child or grand- a freehold estate, in five hundred acres of land, while child to take the share of their deceased parent in in the exercise of their offices; and their commissions equal parts among them; and where there shall be shall continue in force during good behavior. no children or descendants, then in equal parts to Sec. 5. The governor and judges, or a majority of the next of kin, in equal degree; and among col- them, shall adopt and publish in the district such laterals, the children of a deceased brother or sister laws of the original states, criminal and civil, as may of the intestate shall have, in equal parts among be necessary, and best suited to the circumstances of them, their deceased parent's share; and there shall, the district, and report them to Congress from time in no case, be a distinction between kindred of the to time, which laws shall be in force in the district whole and half blood; saving in all cases to the widow until the organization of the general assembly of the intestate, her third part of the real estate for therein, unless disapproved of by Congress; but afterlife, and one-third part of the personal estate; and wards the legislature shall have authority to alter this law relative to descents and dower, shall remain them as they shall think fit. in full force until altered by the legislature of the SEC. 6. The governor, for the time being, shall be district. And until the governor and judges shall commander-in-chief of the militia, appoint and comadopt laws as hereinafter mentioned, estates in the mission all officers in the same below the rank of said territory may be devised or bequeathed by wills general officers; all general officers shall be appointed in writing, signed and sealed by him or her in whom and commissioned by Congress. the estate may be, (being of full age,) and attested SEC. 7. Previous to the organization of the general by three witnesses; and real estates may be con- assembly the governor shall appoint such magisveyed by lease and release, or bargain and sale, trates, and other civil officers, in each county or signed, sealed, and delivered by the person, being township, as he shall find necessary for the preservaof full age, in whom the estate may be, and attested tion of the peace and good order in the same. After by two witnesses, provided such wills be duly proved, the general assembly shall be organized the powers and such conveyances be acknowledged, or the execu- and duties of magistrates and other civil officers shall tion thereof duly proved, and be recorded within one, be regulated and defined by the said assembly; but year after proper magistrates, courts, and registers, all magistrates and other civil officers, not herein shall be appointed for that purpose; and personal otherwise directed, shall, during the continuance of property may be transferred by delivery, saving, how- this temporary government, be appointed by the ever, to the French and Canadian inhabitants, and governor. other settlers of the Kaskaskies, Saint Vincents, and SEC. 8. For the prevention of crimes and injuries, the neighboring villages, who have heretofore pro- the laws to be adopted or made shall have force in fessed themselves citizens of Virginia, their laws and all parts of the district, and for the execution of customs now in force among them, relative to the process, criminal and civil, the governor shall make descent and conveyance of property.

proper divisions thereof; and he shall proceed, from SEC. 3. Be it ordained by the authority aforesaid, time to time, as circumstances may require, to lay That there shall be appointed, from time to time, by out the parts of the district in which the Indian Congress, a governor, whose commission shall con- titles shall have been extinguished, into counties and tinue in force for the term of three years, unless townships, subject, however, to such alterations as sooner revoked by Congress; he shall reside in the may thereafter be made by the legislature. district, and have a freehold estate therein, in one S EC. 9. So soon as there shall be five thousand free thousand acres of land, while in the exercise of his male inhabitants, of full age, in the district, upon ofice.

giving proof thereof to the governor, they shall re

Page XXXVII

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 of 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:

ceive 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.

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 counsel, 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, resident in the district, and each possessed of a freehold in five hun. dred 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 the 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

ARTICLE I

W

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 territories.

ARTICLE II

The inhabitants of the said territory shall always be entitled to the benefits of the writs 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 offences, 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 paid 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.

ARTICLE NI

Religion, morality, and knowledge being necessary to good government and the happiness of mankind,

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