USA > Illinois > Mercer County > Past and present of Mercer County, Illinois, Volume I > Part 3
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Mr. Pope also secured in the enabling act the provision that two- fifths of the proceeds from the sale of public lands within the state should be devoted to the construction of roads leading to the state, that the residue should be devoted by the Legislature to the encour- agement and cause of education and that one-sixth should be used exclusively for the establishment and maintenance of a college or university. Thus, in this great emergency, when so much depended upon intelligent action and a high purpose, Mr. Pope proved even more than equal to the confidence and trust reposed in him.
The enabling act required that a census of the proposed state should be taken and should show a population of at least forty thou- sand. This showing was accomplished, but it was afterward revealed that the actual population was but 34,020. However, the discrep- ancy was soon made up, the official census of 1820 fixing the popula- tion of the state at 55, 162.
ACT OF VIRGINIA, DECEMBER 20, 1783
To authorize the delegates of this State in Congress to convey to the United States, in Congress assembled, all the rights of this Commonwealth to the territory north-westward of the river Ohio.
1. Whereas, the Congress of the United States did, by their act of the 6th of September, in the year 1780, recommend to the
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several states in the Union, having claims to waste and unappro- priated lands in the western country, a liberal cession to the United States of a portion of their respective claims, for the common benefit of the Union :
2. And whereas this commonwealth did, on the 2d day of Jan- uary, in the year 1781, yield to the Congress of the United States, for the benefit of the said states, all right, title and claim which the said commonwealth had to the territory northwest of the River Ohio, subject to the conditions annexed to the said act of cession :
3. And whereas the United States, in Congress assembled, have, by their act of the 13th of September last, stipulated the terms on which they agree to accept the cession of this state, should the Legis- lature approve thereof-which terms, although they do not come fully up to the propositions of this commonwealth, are conceived, on the whole, to approach so nearly to them, as to induce this state to accept thereof, in full confidence that Congress will, in justice to this state for the liberal cession she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal, for the common benefit and support of the Union :
Be it enacted by the General Assembly, That it shall and may be lawful for the (* 19) delegates of this state to the Congress of the United States, or such of them as shall be assembled in Congress, and the said delegates, or such for them as assembled, are hereby fully authorized and empowered, for and in behalf of this state, by proper deed or instrument in writing, under their hands and seals, to convey, transfer, assign and make over to the United States, in Congress assembled, for the benefit of the said states, all right, title, claim, as well of soil as jurisdiction, which this commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying, and being to the west of the River Ohio, sub- ject to the terms and conditions contained in the before recited act of Congress of the 13th day of September last, that is to say: Upon the condition that the territory so ceded shall be laid out and formed into states, containing suitable extent of territory, not less than 100 nor more than 150 miles square, or as near thereto as circumstances will admit; and that the states so formed shall be distinct republican states, and admitted members of the Federal Union, having the same rights of sovereignty, freedom and independence as the other states ; that the necessary and reasonable expenses incurred by this state in subduing any British posts, or in maintaining forts or garrisons within and for the defense, or in acquiring any part of the territory
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so ceded or relinquished, shall be fully reimbursed by the United States ; and that one commissioner shall be appointed by Congress, one by this commonwealth, and another by those two commissioners, who, or a majority of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expenses incurred by this state, which they shall judge to be com- prised within the intent and meaning of the act of Congress of the Ioth of October, 1780, respecting such expenses. That the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighboring villages, who have professed them- selves citizens of Virginia, shall have their possessions confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding 150,000 acres of land, promised by this state, shall be allowed and granted by them to the then Colonel, now General George Rogers Clarke, and to the officers and soldiers of his regiment, who marched with him when the forts of Kaskaskies and St. Vincents were reduced, and to the officers and soldiers that have been since incorporated into the same regi- ment, to be laid off in one tract, the length of which is not to exceed double the breadth, in such place on the northwest side of the Ohio as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers, in due proportion, according to the laws of Virginia. That in case the quantity of good lands on the southeast side of the Ohio, upon the waters of Cumberland River, and between the Green River and Tennessee River, which have been reserved by law for the Virginia troops upon continental establishment, should, from the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insuffi- cient for their legal bounties, the deficiency should be made up to the troops in good lands, to be laid off between the River Scioto and Little Miami, on the northwest side of the River Ohio, in such pro- portions as have been engaged to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the before-mentioned pur- poses, or disposed of in bounties to the officers and soldiers of the American Army, shall be considered as a common fund for the use and benefit of such of the United States as have become or shall become members of the confederation or federal alliance of the said states, Virginia inclusive, according to the usual respective propor- tions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever : Provided, that the trust hereby reposed in the
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delegates of this state shall not be executed, unless three of them, at least, are present in Congress.
ORDINANCE OF 1787
Passed by Congress, sitting under the Articles of Confederation, "for the government of the territory of the United States northwest of the River Ohio," July 13, 1787.
I. 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 diveded 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 estate, 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 descend- ants 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 parent's share. And there shall, on no case, be denied 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, rela- tive to descent 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 (# 21) (being of full age), and attested by three witnesses. And real estate 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 per- sonal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kas- kaskies, St. Vincents and the neighboring villages, who have hereto-
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fore 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 be appointed, from time to time, by Congress, a governor, whose com- mission 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 exer- cise 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 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 ap- pointed 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 freehold estate, in 500 acres of land, while in the exercise of their offices; and their commissions 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 state, criminal and civil, as may be necessary and best suited to the circumstances of the districts, 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 think fit.
6. The governor for the time 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.
7. Previous to the organization of the general assembly, the gov- ernor 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 magistrates and other civil officers shall be regulated and defined by the said assembly;
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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 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 there- after be made by the Legislature.
9. So soon as there shall be 5,000 free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with the time and place, to elect representa- tives from their counties or townships, to represent them in the gen- eral assembly: Provided, that for every 500 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, 200 acres of land within the same: Provided, also, that a freehold in 50 acres of land in the district, having been a citizen of one of the states, and being a 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.
IO. The representatives thus elected shall serve for the term of two years; and in case of 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 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 repre-
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sentatives 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 500 acres of land, and return their names to Congress, five of whom Congress shall appoint and commission 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 afore- said, 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. 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 ex- pedient.
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 the 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 Con- gress, with a right of debating, but not of voting, during this tem- porary government.
13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitution, are erected ; to fix and establish those princi- ples 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
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an equal footing with the original states, at as early periods as may be consistent with the general interest.
14. It is hereby ordained and declared, by the authority afore- said, 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. I. 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. 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 Legis- lature, 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 prop- erty, 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 par- ticular 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. III. 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 done to them, and for preserving peace and friendship with them.
Art. IV. The said territory and the states which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all
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the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said terri- tory shall be subject to pay a part of the Federal debts, contracted or to be contracted, and a proportional part of the expenses of gov- ernment, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the Legislatures of the district or districts, or new states, as in the original states, within the time agreed upon by the United States in Congress assembled. The Legislatures of those districts, or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprie- tors be taxed higher than residents. The navigable waters lead- ing into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost or duty therefor.
Art. V. 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 Mis- sissippi, the Ohio and the 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 said territorial line. The eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said terri- torial line: Provided, however, and it is further understood and de- clared, 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
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through the southerly bend or extreme of Lake Michigan. And whenever any of the said states shall have 60,000 free inhabitants therein, such state shall be admitted, by its delegates, into the Con- gress of the United States, on an equal footing with the original states, in all respects whatever; and shall be at liberty to form a perma- nent constitution and state government: Provided, the constitution and government, so to be formed, shall be republican, and in con- formity 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 60,000.
Art. VI. There shall be neither slavery nor involuntary servi- tude 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 the 23d of April, 1784, relative to the subject of this ordinance, be and the same are hereby repealed, and declared null and void.
Done by the United States in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the 12th.
1222003
ACT OF CONGRESS, MAY 7, 1800 2 Stat. at Large, 58
To divide the Territory of the United States, northwest of the Ohio, into two separate governments.
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the fourth day of July next, all that part of the territory of the United States northwest of the Ohio River, which lies westward of the line beginning at the Ohio, opposite the mouth of Kentucky River, and running thence to Fort Recovery, and thence north, until it shall intersect the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate territory, and be called the Indiana Territory.
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