USA > Indiana > An illustrated history of the state of Indiana: being a full and authentic civil and political history of the state from its first exploration down to 1879 > Part 62
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Fourteenth. No article or section of this Constitution shall be sub- mitted as a distinct proposition to a vote of the electors otherwise than as herein provided.
Fifteenth. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form, of the contiguous territory of said counties, a new county, it shall be the duty of those interested in the organization of such new county, to lay off the same by proper metes and bounds, of equal portions as nearly as practicable, not to exceed one- third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the General Assembly to organize the same out of the territory thus designated.
Sixteenth. The General Assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same; and the funds belonging to said town shall be applied according to the intention of the grantor. .
Done in Convention at Indianapolis, the tenth day of February, in the year of our Lord one thousand eight hundred and fifty-one; and of the Independence of the United States, the seventy-fifth.
GEORGE WHITFIELD CARR,
President.
Attest :
WM. H. ENGLISH, Principal Secretary
GEORGE L. SITES,
HERMAN G. BARKWELL, Assistant Secretaries.
ROBERT M. EVANS,
ACTS OF THE LEGISLATURE OF VIRGINIA.
AN ACT 10 authorize the delegates of this State in Congress, to convey to the United States in Congress assembled, all the right of this commonwealth to the territory north-westward of the river Ohio.
[PASSED DECEMBER 20, 1783.]
1. WHEREAS the Congress of the United States did, by their act of the sixth day of September, in the year one thousand seven hundred and eighty, recommend to the several states in the Union, having claims to waste and unappropriated 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 second day of Janu- ary, in the year one thousand seven hundred and eighty-one, 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 north west of the river Ohio, subject to the conditions annexed to 1 he said act of cession:
3. AND WHEREAS, The United States, in Congress assembled, have, by their act of the thirteenth 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 delegates of tihs state to the Congress of the United States, or such of them as shall be assembled in Congress, and the said dele- gates, or such of them so assembled, are hereby fully authorized and empowered, for and on behalf of this state, by proper deed or instru- ment in writing, under their hands and seals, to convey, transfer, assign, and make over unto the United States in Congress assembled, for the benefit of the said states, all right, title and claim, as well of soil as
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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 north west of the river Ohio, subject to the terms and con- ditions contained in the before recited act of Congress of the thirteenth day of September last, that is to say: upon condition that the territory so ceded shall be laid out and formed into states, containing suitable extent of territory, not less than one hundred, nor more than one hun- dred and fifty 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 garr sons within and for the defense, or in acquiring any part of the territory so ceded or relin- quished, shall be fully reimbursed by the United States; and that one commissioner shall be appointed by Congress, one by this common- wealth 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 comprised within the intent and meaning of the act of Congress of the tenth of October, one thousand seven hun- dred and eighty, respecting such expenses. That the French and Canadian inhabitants, and other settlers of the Kaskaskias, St. Vincents and the neighboring villages, who have professed themselves citizen sof Virginia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties; that a quantity not exceeding one hundred and fifty thousand acres of land, promised by this state, shall be allowen and granted to the then colonel, now General George Rogers Clark and to the officers and soldiers of his regiment, who marched with him when the posts of Kaskaskias and St. Vincents were reduced, and to the officers and soldiers that have been since incorporated into the sa'd regiment, to be laid off in one tract, the length of which is i ot to exceed double the breadth, in such place on the north west 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 south east 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 insufficient for their legal bounties, the deficiency should be made up to the said troops in good lands, to be laid off between the rivers Sciota and Little Miami, on the north-west side of the river Ohio, in
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HISTORY OF INDIANA.
such proportions 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 purposes, 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 their usual respective proportions, 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 what- soever: Provided, That the trust hereby reposed in the delegates of this state shall not be executed, unless three of them, at least, are present in Congress .*
ACT OF VIRGINIA.
AN ACT concerning the territory ceded by this commonwealth to the United States.
[PASSED DECEMBER 30, 1788.]
1. WHEREAS, The United States in Congress assembled, did, on the sev- enth day of July, in the year of our Lord, one thousand seven hundred and eighty-six, state certain reasons, showing that a division of the territory which hath been ceded to the said United States by the com- monwealth, into states, in conformity to the terms of cession, should the same be adhered to, would be attended with many inconveniences, and did recommend a revision of the act of cession, so far as to empower Congress to make such a division of the said territory into distinct and republican states, not more than five nor less than three in number, as the situation of that country and future circumstances might require: and the said United States in Congress assembled, have, in an ordinance for the government of the territory north, west of the river Ohio, passed on the thirteenth of July, one thousand seven hundred and eighty- seven, declared the following as one of the articles of compact between the original states, and the people and states in the said territory, viz :
[Here the fifth article of compact of the ordinance of Congress of thir- teenth July, 1787, is recited verbatim.]
*Agreeably to the above recited act. the territory therein alluded to, was on the first day of March, 1784, transferred to the United States, by deel, signed by Thomas Jefferson, Samuel Hardy, Arthur Lee and James Monroe, then delegates in Congress from the common- wealth of Virginia-See Vol. 1, page 472, U. S. Laws.
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APPENDIX.
And it is expedient that this commonwealth do assent to the pro- posed alteration so as to ratify and confirm the said article of compact between the original states, and the people and states in the said terri- tory.
2. Be it therefore enacted by the General Assembly, That the afore recited article of compact between the original states, and the people and the states in the territory north-west of the Ohio river, be, and the same is hereby ratified and confirmed, anything to the contrary, in the deed of cession of the said territory by this commonwealth to the United States, notwithstanding.
ORDINANCE OF CONGRESS.
IN CONGRESS, JULY 13, 1787.
An ordinance for the government of the territory of the United States north-west of the river Ohio.
Be it ordained by the 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 circum- stances may, in the opinion of Congress, make it expedient.
Be it ordained by the uthority 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 descend - ants of a deceased child, in equal parts ; the descendants of a deceased child or grand child to take the share of their deceased parent in equal parts among them : and where there shall be no children or descend- ants, 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, 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 per- sonal 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
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HISTORY OF INDIANA.
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 Kaskaskias, Saint Vincents, and the neighboring villages who have heretofore pro- fessed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent 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 Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his 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 freehold estate therein, in five hundred 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 proceed- ings of the governor in his executive department; and transmit authen- tic copies of such acts and proceedings, every six months to the secretary of Congress : There shall also be appointed a court, to corsist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, ard have each therein a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commission shall continue in force during good behavior.
The governor and judges, or a majority of them, shall adopt and pub- lish in the district, such laws of the original states, criminal and civil, as may be necessary, and best suited to the circumstances of the dis- trict, and report them to Congress from time to time; which laws shall be in force in the district, until the organization of the General Assem- bly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit.
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 commis- sioned by Congress.
Previous to the organization of the General Assembly, the governor shall appoint such magistrates and other civil officers, in each county
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APPENDIX.
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; but all magis- trates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor.
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 legis- lature.
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 representatives from their counties or townships, to represent them in the General Assem- bly: 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 like- wise 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 rep- resentative.
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.
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
.
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HISTORY OF INDIANA.
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 Con- gress 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, pro- rogue, and dissolve the General Assembly, when, in his opinion, it shall be expedient.
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 assem- bled, in one room, shall have authority, by joint ballot, to e'ect a dela- gate to Congress, who shall have a seat in Congress, 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 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 here- after 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.
It is hereby ordained and declared, by the authority aforesaid, That the following articles shall be considered as articles of compact between
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APPENDIX.
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 religions sentiments, in the said territory.
ART. II. The inhabitants of the said territory shall always be entitled to the benefit 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 mod- erate ; 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 pro- perty, 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 unde stood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interefere with, or affect private contracts or engagments, 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 never shall 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. 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 constituionally made; and to all the acts and ordinances of the United States in Congress assembled con - formable thereto. The inhabitants and settlers in the said territory shall be subject 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 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 dis- trict or districts, or new states, as in the original states, within the time
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HISTORY OF INDIANA.
agreed upon by the United States in Congress assembled. The legis- latures of those districts, or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assem- bled, nor with any regulations Congress may find necessary, for secur- ing 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-res dent proprietors be taxed higher than residents. The navigable waters leading 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 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, Pennsyl- vania, 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 inhab- itants 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 perma- nent 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 con- sistent 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.
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