The Northwest Ordinance: Essays on its Formulation, Provisions, and Legacy

Appendix

APPENDIX An Ordinance for the government of the territory of the United States North West of the river Ohio.1 BE IT ORDAINED BYTHE UNITED STATES IN CONgress Assembled that the said territory for the purposes 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 . 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 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 ofa deceased brother or sister of the intestate shall have in equal parts among them their deceased parent's share and there shall in no case be a distinction between kindred of the whole and halfblood; saving in all cases to the widow of the intestate her third lRoscoe R. Hill, ed., Journals of the Continental Congress, 1774-1789, voL 32 (Washington, D.c., 1936), 334-43. Except for the editor's citations , which have been deleted, the text has not been altered. The underscored portions of the Ordinance were added during the debate on 13 July 1787. 119 120 NORTHWEST ORDINANCE 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, Saint Vincents and the neighbouring villages who have heretofore pro~ fessed themselves citizens of Virginia, their laws and customs now in force among them relative to the de~ scent 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 Con~ gress; he shall reside in the district and have a freehold estate therein, in one thousand acres of land while in the exercise ofhis 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 free~ hold estate therein in five hundred acres ofland while in the exercise ofhis 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 APPENDIX 121 months to the Secretary ofCongress. 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 commis~ sions shall continue in force during good behaviour. The governor, and judges or a majority of them shall adopt and publish in the district such laws of the origi~ nal 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...