be formed in the diftrict, the Council and House affembled, in one room, fhall have authority, by joint ballot, to elect a delegate to Congrefs, who fhall have a feat in Congrefs, 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 bafis whereon these republics, their laws and conftitutions are erected; to fix and eftablish those principles as the bafis of all laws, conftitutions and governments, which forever hereafter fhall be formed in the faid territory: to provide alfo for the establishment of ftates, and permanent government therein, and for their admiffion to a fhare in the federal councils, or an equal footing with the original ftates, at as early periods, as may be confiftent with the general intereft:

It is hereby ordained and declared, by the authority aforefaid, That the following articles fhall be confidered as articles of compact between the original ftates, and the people and states. in the faid territory, and forever remain unalterable, unless by common confent, to wit:

ARTICLE I.

No perfon demeaning himself in a peaceable and orderly manner, shall ever be molefted on account of his mode of worship or religious fentiments, in the faid territory.

ARTICLE II.

The inhabitants of the faid territory, fhall always be en-. titled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate reprefentation of the people in the Legiflature, and of judicial proceedings according to the courfe of the common law. All perfons fhall be bailable, unlefs for capital offences, where the proof fhall be evident, or the prefumption great.. All fines fhall be moderate; and no cruel or unufual punishments fhall be inflicted. No man fhall 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 neceffary, for the common prefervation, to take any perfon's property, or to demand his particular fervices, full compenfation fhall be made for the fame. And in the juft prefervation of rights and property

A a

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 III.

Religion, morality, and knowledge, being neceffary to good government and the happinefs of mankind, fchools, and the means of education, fhall forever be encouraged. The utmost good faith fhall always be observed towards the Indians; their lands and property fhall never be taken from them without their confent; and in their property, rights and liberty, they never shall be invaded or disturbed, unless in juft and lawful wars authorized by Congrefs; but laws founded in juftice and humanity, shall from time to time be made, for preventing wrongs being done to them, and for preferving peace and friendship with them.

ARTICLE IV.

The faid territory, and the ftates which may be formed therein, shall forever remain a part of this confederacy of the United States of America, fubject to the articles of confederation, and to fuch alterations therein, as fhall be conftitutionally made; and to all the acts and ordinances of the United States in Congrefs affembled, conformable thereto. The inhabitants and fettlers in the faid territory, shall be fubject to pay a part of the federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congrefs, according to the fame common rule and measure, by which apportionments thereof fhall be made on the other states; and the taxes for paying their proportion, fhall be laid and levied by the authority and direction of the legislatures of the diftrict or diftricts or new states, as in the original ftates, within the time agreed upon by the United States in Congrefs affembled, The legislatures of thofe diftricts or new ftates, fhall never in terfere with the primary difpofal of the foil by the United States in Congrefs affembled, nor with any regulations Congrefs may find neceffary for fecuring the title in fuch foil to the bona fide purchafers. No tax fhall be imposed on lands the prorty of the United States; and in no case shall non-refident

proprietors be taxed higher than refidents. The navigable waters leading into the Miffiffippi and St. Lawrence, and the carrying places between the fame, fhall be common highways, and forever free, as well to the inhabitants of the faid territory, as to the citizens of the United States, and those of any other ftates that may be admitted into the confederacy, without any tax, impoft, or duty therefor.

ARTICLE V.

There shall be formed in the said territory, not less than three, nor more than five ftates; and the boundaries of the ftates, as foon as Virginia fhall alter her act of ceffion, and confent to the fame, fhall become fixed and established as follows, to wit: The western ftate in the faid territory, shall be bounded by the Miffiffippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and Poft Vincents due north to the territorial line between the United States and Canada; and by the faid territorial line to the lake of the Woods and Miffiflippi. The middle state shall be bound ed by the faid direct line, the Wabash from Post Vincents to the Ohio; by the Ohio, by a direct line drawn due north from the mouth of the Great Miami, to the faid terrorial line, and by the faid territorial line. The eastern state shall be bounded by the laft mentioned direct line, the Ohio, Pennfylvania, and the faid territorial line: Provided however, and it is further understood and declared, that the boundaries of these three ftates, fhall be fubject fo far to be altered, that if Congrefs fhall hereafter find it expedient, they shall have authority to form one or two ftates in that part of the said territory which lies north of an eaft and weft line drawn through the foutherly bend or extreme of lake Michigan. And whenever any of the said states, fhall have fixty thousand free inhabitants therein, fuch ftate fhall be admitted, by its delegates, into the Congrefs of the United States, on an equal footing with the original states, in all refpects whatever; and hall be at liberty to form a permanent conftitution and state government: Provided the conftitution and government fo to be formed, fhall be republican, and in conformity to the principles contained in these articles; and fo far as it can be confiftent with the general intereft of the confederacy, fuch admiffion fhall be allowed at an earlier period, and when there may be a lefs number of free inhabitants in the state than fixty

272.

ARTICLE VI.

There shall be neither flavery nor involuntary fervitude in the said territory, otherwife than in punishment of crimes, whereof the party shall have been duly convicted: Provided always, that any perfon efcaping into the fame, from whom labour or fervice is lawfully claimed in any one of the original ftates, fuch fugitive may be lawfully reclaimed, and conveyed to the perfon claiming his or her labour or fervice as aforefaid. Done by the United States, in Congress assembled, the thirteenth day of July, in the year of our Lord one thousand seven hundred and eighty-feven, and of their fovereignty and independence the twelfth,

CHARLES THOMSON, Secretary.

WILLIAM GRAYSON, Chairman.

AN ACT to provide for the Government of the Territory north-west of

WHE

the River Ohio.

HEREAS in order that the ordinance of the United States in Congress affembled, for the government of the territory north-weft of the river Ohio, may continue to have full effect, it is requifite that certain provisions should be made, fo as to adapt the same to the present conftitution of the United States.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress affembled. That in all cafes in which by the faid ordinance, any information is to be given, or communication made by the Governor of the faid territory to the United States in Congress affembled, or to any of their officers, it fhall be the duty of the faid Governor to give fuch information and to make fuch communication to the Prefident of the United States; and the Prefident. hall nominate, and by and with the advice and confent of the Senate, hall appoint all officers, which by the faid ordinance were to have been appointed by the United States in Congrefs affembled, and all officers fo appointed, fhall be commiffioned by him: and in all cafes where the United States in Congrefs affembled, might by the faid ordinance, revoke any commiffion or remove from any office, the Prefident is hereby declared to have the fame powers of revocation and removal.

SECT. 2. And be it further enacted, That in case of the death, removal, refignation, or neceffary abfence of the Governor of the faid-territory, the Secretary thereof shall be, and he is hereby authorized and required to execute all the powers, and perform all the duties of the Governor, during the vacancy occafioned by the removal, refignation or neceffary abfence of the faid Governor.

FREDERICK AUGUSTUS MUHLENBERG,

Speaker of the House of Representatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate.

Approved, August the 7th, 1789:

GEORGE WASHINGTON, President of the United States.

EINIS.