Officially titled "An Ordinance for the Government of the Territory of the United States North-West of the River Ohio," the Northwest Ordinance was adopted on July 13, 1787, by the Confederation Congress, the one-house legislature operating under the Articles of Confederation.
Following the principles outlined by Thomas Jefferson in the
Ordinance of 1784 the Northwest Ordinance chartered a government for the
The
Northwest Ordinance
An Ordinance for the government of the Territory of
the
Section 1. Be it ordained by the
Sec 2. Be it ordained by the authority aforesaid, That the estates, both
of resident and nonresident proprietors in the said territory, dying intestate,
shall descent 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 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 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, 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.
Sec. 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 1,000 acres of land, while in the exercise of his office.
Sec. 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 500 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 500 acres of land while in the
exercise of their offices; and their commissions shall continue in force during
good behavior.
Sec. 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.
Sec. 6. The governor, for the time being, shall be commander in chief 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.
Sec. 7. 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 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.
Sec. 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 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.
Sec. 9. 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 a representative 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 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.
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 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:
Art. 1. 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
territory.
Art. 2. The
inhabitants of the said territory shall always be entitled to the benefits of
the writ 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 offenses, 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 made 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.
Art. 3. Religion,
morality, and knowledge, being necessary to good government and the happiness
of mankind, schools and the means of education shall forever be encouraged. The
utmost good faith shall always be observed towards the Indians; their lands and
property shall never be taken from them without their consent; and, in their
property, rights, and liberty, they shall never be invaded or disturbed, unless
in just and lawful wars authorized by Congress; but laws founded in justice and
humanity, shall from time to time be made for preventing wrongs being done to
them, and for preserving peace and friendship with them.
Art. 4. The
said territory, and the States which may be formed therein, shall forever
remain a part of this Confederacy of the
Art. 5. There
shall be formed in the said territory, not less than three nor more than five
States; and the boundaries of the States, as soon as Virginia shall alter her
act of cession, and consent to the same, shall become fixed and established as
follows, to wit: The western State in the said territory, shall be bounded by
the Mississippi, the Ohio, and Wabash Rivers; a direct line drawn from the
Wabash and Post Vincents, due North, to the
territorial line between the United States and Canada; and, by the said
territorial line, to the Lake of the Woods and Mississippi. The middle State
shall be bounded by the said 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 said territorial line, and
by the said territorial line. The eastern State shall be bounded by the last
mentioned direct line, the Ohio, Pennsylvania, and the said territorial line:
Provided, however, and it is further understood and declared, that the
boundaries of these three States shall be subject so far to be altered, that,
if Congress shall hereafter find it expedient, they shall have authority to
form one or two States in that part of the said territory which lies north of
an east and west line drawn through the southerly bend or extreme of Lake
Michigan. And, whenever any of the said States shall have sixty thousand free
inhabitants therein, such State shall be admitted, by its delegates, into the
Congress of the United States, on an equal footing with the original States in
all respects whatever, and shall be at liberty to form a permanent constitution
and State government: Provided, the constitution and government so to be
formed, shall be republican, and in conformity to the principles contained in
these articles; and, so far as it can be consistent with the general interest
of the confederacy, such admission shall be allowed at an earlier period, and
when there may be a less number of free inhabitants in the State than sixty
thousand.
Art. 6. There
shall be neither slavery nor involuntary servitude in the said territory,
otherwise than in the punishment of crimes whereof the party shall have been
duly convicted: Provided, always, That any person escaping into the same, from
whom labor or service is lawfully claimed in any one of the original States,
such fugitive may be lawfully reclaimed and conveyed to the person claiming his
or her labor or service as aforesaid.
Be it ordained by the authority aforesaid, That the resolutions of
Done by the
[*NOTE: Thomas Jefferson’s original Ordinance of 1784
would have forbidden slavery in all of the territories west of the Allegany
Mountains, not just those territories north of the Ohio River.]