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Art. 669. 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 for ever 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:
It is hereby ordained and declared, 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 for ever remain unalterable, unless by common consent, to wit:(1)
670. Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or reli. gious sentiments, in the said territory.(1)
671. Art. 2. The inhabitants of the said territory shall always be enti. tled 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 offences, 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 what. ever, interfere with, or affect, private contracts or engagements, bona fide, and without fraud, previously formed.(1)
672. Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall for ever 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 lawsul 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.(1)
673. Art. 4. The said territory, and the states which may be formed therein, shall for ever 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 the acts and ordinances of the United States in congress assembled, conformable thereto. The in. habitants 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, accord. ing to the same common rule and measure by which appointments 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 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
(1) Ordinance 1787.
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.(1)
No tax shall be imposed on lands the property of the United States; and in no case shall non-resident 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 for ever 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.(1)
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 territorv, 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 terri. torial line to the Lake of the Woods and Mississippi. The middle states 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 ihe said territory wbich lies north of an east and west line dråwn 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 admisson shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than sixty thousand.(1)
674. Art. 6. There shall be neither slavery nor involuntary servitude in ibe 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 labour 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 labour or service as aforesaid.(2)
No act of the territorial legislature of any of the territories of the United States, incorporating any bank, or any institution with banking powers or privileges, hereafter to be passed, shall have any force or effect whatever, until approved and confirmed by congress.(3)
ART. 675. In all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty
(1) Ordinance, 1787, (2) Ibid.
(3) Act 1st July, 1836, sec. 1.
minutes north latitude, not included within the limits of the state of Missouri, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, for ever prohibited : But any person escaping into the same, from whom labour or service is lawfully claimed, in any state or terytory of the United States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labour or services as aforesaid.(1)
Of the Territory of Florida.
Of what composed
676 Religious freedom and other rights Executive power vested in a go assured
vernor-his powers and duties 677 Importation of slaves prohibited 684 Secretary appointed, his duties 678 Delegate in congress--how elected 685 Legislative power, how vested, Legislative council, how formed
limitations-how exercised 679 time of sessions, pay of members, District attorney-marshal's powers, restrictions on-election of offi. duties-compensation
680 cers, &c. Officers, how appointed-oaths of Higher taxes on property of nonsalaries—privileges
681 residents than of residents, proLaws of U. S. extended to
For the judiciary power, see page 148
ART. 676. All that territory, ceded by Spain to the United States, known by the name of East and West Florida, shall constitute a territory of the United States, under the name of the territory of Florida.(2)
677. The executive power shall be vested in a governor, who shall reside in the territory, and hold his office during the term of three years, unless sooner removed by the president of the United States. He shall be commander-in-chief of the militia of the territory, and ex-officio, superintendent of Indian affairs; he shall have power to grant pardons for offences against the territory; and reprieves for those against the United States, until the decision of the president of the United States thereon shall be made known; and to appoint and commission, by and with the consent of the legislative council, all officers, civil, and of the militia, whose appointments are not otherwise provided for, and which shall be established by law. He shall take care that the laws be faithfully executed. He shall obtain all the information in his power in relation to the customs, habits, and dispositions, of the inhabitants of the said territory, and communicate the same, from time to time, to the president of the United States.(3)
678. A secretary of the territory shall be appointed, who shall hold his office during four years, unless sooner removed by the president; he shall, under the direction of the governor, record and preserve all the papers and proceedings of the executive, and all the acts of the governor and legislative council; and transmit authentic copies of the proceedings of the governor, in his executive department, every six months, to the president of the United States.(4)
In case of the death, removal, resignation, or necessary absence, of the governor, the secretary shall execute all the powers, and perform all the
(1) Act 3d March, 1820, sec. 8.
(2) Act March 3d, 1823, sec. 1.-See Act 30th March, 1823.
(3) Act 3d March, 1823, sec. 1, 5. (4) Ibid. sec. 3.
duties, of the governor, during the vacancy occasioned by such removal, resignation, or necessary absence (1)
679. The legislative power shall be vested in the governor and legislative council.(2)
The governor and legislative council shall have legislative powers over all rightful subjects of legislation; but no law shall be valid which is inconsistent with the constitution and laws of the United States, or which shall lay any person under restraint, burthen, or disability, on account of his religious opinions, professions, or worship. The governor shall publish throughout the said territory, all the laws which shall be made; and shall, on or before the first of December, in each year, report the same to the president of the United States, to be laid before congress, which, if disapproved by congress, shall thenceforth be of no force. The governor and legislative council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to land within the territory (3)
Every bill which shall have passed the legislative council, shall, before it become a law, be presented to the governor. If he approve of it, he shall sign it; and, if not, he shall return it, with his objections, in writing, to the legislative council, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members of the legislative council agree to pass the bill, it shall become a law; and the names of the persons voting for or against the bill, shall be entered on the journal.(4)
. 680. There shall be two persons, learned in the law, to act us attorneys of the United States, as well as for the territory ; one for that part of the territory known as East Florida, the other for that part of the territory known as West Florida ; for each of whom, in addition to their stated fees, in civil cases, shall be paid, as a full compensation for all extra services, andually, the sum of two hundred dollars. There shall also be appointed two marshals (one for each of the said superior courts) who shall each perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, to which marshals in other districts are entitled, for similar services; and shall, in addition, be paid the sum of two hundred dol. lars, annually, as a compensation for extra services, and shall also be subject to such regulations and penalties as the legislative council shall impose, while acting under, and in virtue of, the territorial laws.(5)
681. The governor, secretary, the legislative council,(6) district attorneys, marshals, and all general officers of the militia, shall be appointed by the president of the United States, by and with the advice and consent of the senate. The governor, secretary, judges, members of the legislative counal, justices of the peace, and all other officers, civil, and of the militia, be. fore they enter upon the duties of their respective offices, shall take an oath O affirmation to support the constitution of the United States, and for the faithful discharge of the duties of their office, before a judge of the supreme or district court of the United States, or before a judge or justice of the peace of the territory. The governor shall receive an annual salary of two thousand five hundred dollars; the secretary, of one thousand five hundred, and the judges of eighteen hundred each, to be paid quarterly, out of the treasury of the United States. The members of the legislative council shall be privi. leged from arrest, except in cases of treason, felony, or breach of the peace,
(1) Act March, 1823, soc. 4. (2) Ibid. sec. 5. cl. 1.
(3) Ibid. sec. 6. cl. 2.-Act May 26th, 1824.
(4) Ibid. sec. 6.-Act 28th April, 1828.
(5) Ibid. sec. 9. (6) Ibid. sec. 5.
during their going to attendance at, and returning from, each session of said council.(1)
682. The laws of the United States relating to the revenue and its collection, subject to the modification stipulated by the fifteenth artice of the treaty of the twenty-second of February, one thousand eight hundred and nine teen, in favour of Spanish vessels and their cargoes, and all other public acts of the United States, and not inconsistent with the laws of the United States, shall extend to, and have full force and effect in the territory.(2)
683. To the end that the inhabitants may be protected in their liberty, property, and religion, no law shall ever be valid which shall impair, or in any wise restrain the freedom of religious opinions, professions, and worship. They shall be entitled to the benefit of the writ of habeas corpus. They shall be bailable in all cases, except for capital offences, where the proof is evident, or the presumption great; all fines shall be moderate, and proportioned to the offence, and excessive bail shall not be required, nor cruel or unusual punishments inflicted; no ex post facto law, or law impairing the obligation of contracts, shall ever be passed ; nor shall private property be taken for public uses without just compensation.(3)
All free male white persons, of full age, who are housekeepers, and who shall have resided one year in the territory, shall be qualified to act as grand and petit jurors in the courts of the territory, and they shall, until the legislature shall otherwise direct, be selected in such manner as the judges of the courts shall respectively prescribe, so as to be most conducive to an impartial trial, and be least burthensome to the inhabitants of the territory.(4)
684. It shall not be lawful for any person or persons to import into the territory, from any port or place without the limits of the United States, or cause or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing, any'slave or slaves ; and any person so offending, and being thereof convicted, before any court within the territory, having competent jurisdiction, shall forfeit and pay, for every slave so imported or brought, the sum of three hundred dollars; one moiety for the use of the United States, and the other moiety for the use of the person or persons who shall sue for the same; and every slave so imported or brought, shall, thereupon, become entitled to, and receive, his or her freedom.(5)
685. The citizens of the territory shall be entitled to one delegate to congress, who shall possess the powers heretofore granted to the delegates from the other territories of the United States : No person shall be eligible for that office who shall not have resided at least twelve months in the territory. The delegate shall be elected by such description of persons, at such times, and under such regulations, as the governor and legislative council may, from time to time ordain and direct, soldiers of the United States excepted, who shall, under no circumstances, be qualified to vote.(6)
686. Thirteen persons shall be elected annually by the people of said territory, who shall compose the legislative council thereof, each of whom shall be an inhabitant of said territory, and shall have resided therein one year next preceding his election ; and the term for which each shall be elected shall be one year, to commence on the second Monday of December, annu. ally. The governor shall appoint judges or managers to conduct the elec. tions, who shall take the same oath, and observe the same formality, as is now required by law, in the election of delegates to congress. (See act 1828.)
(1) Act March 3d, 1823, sec, 10.
(4) Ibid. sec. 13.