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ORDERS IN COUNCIL-ORDINANCE OF 1787
The British order and Dorchester's States government, after due notice, should speech caused resolutions to be introduced still persist in its non-importation and by Sedgwick, March 12, 1794, into the other hostile acts. Efforts were immeHouse of Representatives for raising diately made by both governments for a fifteen regiments of 1,000 men each, for settlement of existing difficulties, but two years, and the passage of a joint res- failed. The British minister (Lord Castleolution, March 26, laying an embargo for reagh) declined to make any stipulation, thirty days, afterwards extended thirty formal or informal, concerning impressdays longer, having in view the obstruct- ments. The war finally proceeded on the ing of the supply of provisions to the matter of impressments alone. See BERLIN British fleet and army in the West Indies. DECREE; EMBARGO Acts. Sedgwick's resolutions were rejected, but Ordinance of 1787. The title of this a substitute was passed suggesting a draft important act of Congress is “An ordiof militia. It was proposed to detach nance for the government of the territory from this body 80,000 minute-men, enlist of the United States northwest of the a regiment of artillery, and raise a stand- River Ohio," and the text is as follows: ing force of 25,000 men. While debates Be it ordained by the United States in were going on, news came that a second Congress assembled, that the said terriOrder in Council had been issued, Jan. tory, for the purposes of temporary goy8, 1794, superseding that of Nov. 6, re- ernment, be one district, subject, however, stricting the capture of French produce in to be divided into two districts, as future neutral vessels to cases in which the prod- circumstances may, in the opinion of Conuce belonged to Frenchmen, or the vessel gress, make it expedient. was bound for France; also, that no Be it ordained by the authority aforeconfiscations were to take place under the said, that the estates, both of resident first order. This allayed the bitterness and non-resident proprietors in the said of feeling in the United States against territory, dying intestate, shall descend Great Britain.
to, and be distributed among, their chilIn 1807 and 1810 Orders in Council were dren, and the descendants of a deceased issued to meet the effects of the French child, in equal parts; the descendants of decrees (Berlin and Milan). These re- a deceased child or grandchild to take the mained in force, and bore heavily upon share of their deceased parent in equal American commerce until after the dec- parts among them: And where there laration of war in 1812. Joel Barlow, shall be no children or descendants, then who had been appointed American ambas. in equal parts to the next of kin in equal sador to France in 1811, had urged the degree; and, among collaterals, the chilFrench government to revoke the decrees dren of a deceased brother or sister of the as to the Americans. This was done, intestate shall have, in equal parts among April 28, 1811, and a decree was issued them, their deceased parents' share; and directing that, in consideration of the re- there shall, in no case, be a distinction sistance of the United States to the Orders between kindred of the whole and half in Council, the Berlin and Milan decrees blood; saving, in all cases, to the widow were to be considered as not having exist- of the intestate her third part of the real ed, as to American vessels, since Nov. 1, estate for life, and one-third part of the 1810. Barlow forwarded this decree to personal estate; and this law, relative to Kussell, American minister at the British descents and dower, shall remain in full Court. It arrived there just in time to force until altered by the legislature of second the efforts of the British manu- the district. And, until the governor and facturers, who were pressing the govern- judges shall adopt laws as hereinafter ment for a revocation of the Orders in mentioned, estates in the said territory Council. A new ministry, lately seated, may be devised or bequeathed by wills in being in danger of the desertion of a por- writing, signed and sealed by him or her, tion of their supporters, yielded, and on in whom the estate may be (being of full June 23, 1812, they revoked the orders age), and attested by three witnesses; of 1807 and 1810, with a proviso, how- and real estates may be conveyed by lease ever, for their renewal in case the United and release, or bargain and sale, signed, sealed, and delivered by the person, being in force in the district until the organi. of full age, in whom the estate may be, zation of the General Assembly therein, and attested by two witnesses, provided unless disapproved of by Congress; but, such wills be duly proved, and such con- afterwards, the legislature shall have veyances be acknowledged, or the execu- authority to alter them as they shall think tion thereof duly proved, and be recorded fit. within one year after proper magistrates, The governor, for the time being, shall courts, and registers shall be appointed be commander-in-chief of the militia, apfor that purpose; and personal property point and commission all officers in the may be transferred by delivery; saving, same below the rank of general officers; however, to the French and Canadian in- all general officers shall be appointed and habitants, and other settlers of the Kas- commissioned by Congress. kaskias, St. Vincents, and the neighbor- Previous to the organization of the Gening villages who have heretofore profess- eral Assembly, the governor shall appoint ed themselves citizens of Virginia, their such magistrates and other civil officers, laws and customs now in force among in each county or township, as he shall them, relative to the descent and convey- find necessary for the preservation of the ance of property.
peace and good order in the same: After Be it ordained by the authority afore- the General Assembly shall be organized, said, that there shall be appointed, from the powers and duties of the magistrates time to time, by Congress, a governor, and other civil officers shall be regulated whose commission shall continue in force and defined by the said Assembly; but all for the term of three years, unless sooner magistrates and other civil officers, not revoked by Congress; he shall reside in herein otherwise directed, shall, during the district, and have a freehold estate the continuance of this temporary govtherein in 1,000 acres of land, while in the ernment, be appointed by the governor. exercise of his office.
For the prevention of crimes and inThere shall be appointed, from time to juries, the laws to be adopted or made time, by Congress, a secretary, whose com- shall have force in all parts of the dismission shall continue in force for four trict, and for the execution of process, years unless sooner revoked; he shall re criminal and civil, the governor shall make side in the district, and have a freehold proper divisions thereof; and he shall estate therein in 500 acres of land, while proceed, from time to time, as circumin the exercise of his office; it shall be his stances may require, to lay out the parts duty to keep and preserve the acts and of the district in which the Indian titles laws passed by the legislature, and the shall have been extinguished, into counpublic records of the district, and the pro- ties and townships, subject, however, to ceedings of the governor in his executive such alterations as may thereafter be made department; and transmit authentic copies by the legislature. of such acts and proceedings, every six So soon as there shall be 5,000 free months, to the secretary of Congress: male inhabitants of full age in the disThere shall also be appointed a court to trict, upon giving proof thereof to the consist of three judges, any two of whom governor, they shall receive authority, to form a court, who shall have a common with time and place, to elect representalaw jurisdiction, and reside in the district, tives from their counties or townships to and have each therein a freehold estate in represent them in the General Assembly: 500 acres of land while in the exercise of Provided, that for every 500 free male their offices; and their commissions shall inhabitants, there shall be one representcontinue in force during good behavior. ative, and so on progressively with the
The governor and judges, or a majority number of free male inhabitants, shall the of them, shall adopt and publish in the right of representation increase, until the district such laws of the original States, number of representatives shall amount to criminal and civil, as may be necessary twenty-five; after which the number and and best suited to the circumstances of proportion of representatives shall be reguthe district, and report them to Congress lated by the legislature: Provided, that from time to time: which laws shall be no person shall be eligible or qualified to
act as a representative unless he shall of the council five years, unless sooner have been a citizen of one of the United removed. And the governor, legislative States three years, and be a resident in council, and House of Representatives shall the district, or unless he shall have re- have authority to make laws in all cases sided in the district three years; and, in for the good government of the district, either case, shall likewise hold in his own not repugnant to the principles and arright, in fee - simple, 200 acres of land ticles in this ordinance established and within the same: Provided, also, that a declared. And all bills, having passed freehold in 50 acres of land in the dis- by a majority in the House, and by a trict, having been a citizen of one of majority in the council, shall be referred the States, and being resident in the dis- to the governor for his assent; but no trict, or the like freehold and two years' bill, or legislative act whatever, shall be residence in the district, shall be neces- of any force without his assent. The goysary to qualify a man as an elector of a ernor shall have power to convene, prorepresentative. .
rogue, and dissolve the General AssemThe representatives thus elected shall bly, when, in his opinion, it shall be serve for the term of two years; and, in expedient. case of the death of a representative, or The governor, judges, legislative counremoval from office, the governor shall cil, secretary, and such other officers as issue a writ to the county or township Congress shall appoint in the district, for which he was a member, to elect an- shall take an oath or affirmation of fidelother in his stead, to serve for the residue ity and of office; the governor before the of the term.
president of Congress, and all other offiThe General Assembly, or legislature, cers before the governor. As soon as a shall consist of the governor, legislative legislature shall be formed in the discouncil, and a House of Representatives. trict, the council and House, assembled The legislative council shall consist of five in one room, shall have authority, by members, to continue in office five years, joint ballot, to elect a delegate to Conunless sooner removed by Congress; any gress, who shall have a seat in Congress, three of whom to be a quorum; and the with a right of debating but not of voting members of the council shall be nomi- during this temporary government. nated and appointed in the following man- And, for extending the fundamental ner, to wit: As soon as representatives principles of civil and religious liberty, shall be elected, the governor shall appoint which form the basis whereon these rea time and place for them to meet to- publics, their laws and constitutions, are gether; and, when met, they shall nomi. erected; to fix and establish those prinnate ten persons, residents in the district, ciples as the basis of all laws, constituand each possessed of a freehold in 500 tions, and governments, which forever acres of land, and return their names hereafter shall be formed in the said to Congress; five of whom Congress shall territory: to provide also for the estabappoint and commission to serve as afore- lishment of States, and permanent gov. said; and, whenever a vacancy shall hap- ernment therein, and for their admission pen in the council, by death or removal to a share in the federal councils on an from office, the House of Representatives equal footing with the original States, shall nominate two persons, qualified as at as early periods as may be consistent aforesaid, for each vacancy, and return with the general interest: their names to Congress; one of whom Con- It is hereby ordained and declared by gress shall appoint and commission for the authority aforesaid, that the followthe residue of the term. And every five ing articles shall be considered as articles years, four months at least before the of compact between the original States expiration of the time of service of the and the people and States in the said termembers of council, the said House shall ritory, and forever remain unalterable, unnominate ten persons, qualified as afore- less by common consent, to wit: said, and return their names to Con- Art. 1. No person, demeaning himself gress; five of whom Congress shall ap- in a peaceable and orderly manner, shall point and commission to serve as members ever be molested on account of his mode VII.-0
of worship or religious sentiments, in the the federal debts contracted or to be consaid territory.
tracted, and a proportional part of the ART. 2. The inhabitants of the said ter- expenses of government, to be apportioned ritory shall always be entitled to the ben- on them by Congress according to the efits of the writ of habeas corpus, and of same common rule and measure by which the trial by jury; of a proportionate rep- apportionments thereof shall be made on resentation of the people in the legislat. the other States; and the taxes, for paying ure; and of judicial proceedings according their proportion, shall be laid and levied to the course of the common law. All per by the authority and direction of the legissons shall be bailable, unless for capital latures of the district or districts, or new offences, where the proof shall be evident States, as in the original States, within or the presumption great. All fines shall the time agreed upon by the United States be moderate; and no cruel or unusual pun- in Congress assembled. The legislatures ishments shall be inflicted. No man shall of those districts or new States shall be deprived of his liberty or property but never interfere with the primary disposal by the judgment of his peers or the law of of the soil by the United States in Conthe land; and, should the public exi- gress assembled, nor with any regulations gencies make it necessary, for the common Congress may find necessary for securing preservation, to take any person's prop- the title in such soil to the bona fide purerty, or to demand his particular services, chasers. No tax shall be imposed on lands full compensation shall be made for the the property of the United States; and, same. And, in the just preservation of in no case, shall non-resident proprietors rights and property, it is understood and be taxed higher than residents. The declared that no law ought ever to be navigable waters leading into the Missismade, or have force in the said territory, sippi and St. Lawrence, and the carryingthat shall, in any manner whatever, inter- places between the same, shall be common fere with or affect private contracts or en- highways, and forever free, as well to the gagements, bona fide, and without fraud, inhabitants of the said territory as to the previously formed.
citizens of the United States, and those ART. 3. Religion, morality, and knowl- of any other States that may be admitted edge, being necessary to good government into the confederacy, without any tax, imand the happiness of mankind, schools and post, or duty therefor. the means of education shall forever be en- Art. 5. There shall be formed in the couraged. The utmost good faith shall al- said territory not less than three nor ways be observed towards the Indians; more than five States; and the boundaries their lands and property shall never be of the States, as soon as Virginia shall taken from them without their consent; alter her act of cession, and consent to the and, in their property, rights, and liberty, same, shall become fixed and established they shall never be invaded or disturbed, as follows, to wit: The Western State in unless in just and lawful wars authorized the said territory shall be bounded by the by Congress; but laws founded in justice Mississippi, the Ohio, and Wabash rivers; and humanity shall, from time to time, a direct line drawn from the Wabash and be made for preventing wrongs being done Post St. Vincent's, due north, to the territo them, and for preserving peace and torial line between the United States and friendship with them.
Canada; and, by the said territorial line, Art. 4. The said territory, and the to the Lake of the Woods and Mississippi. States which may be formed therein, shall The middle State shall be bounded by the forever remain a part of this confederacy said direct line, the Wabash from Post of the United States of America, subject Vincent's, to the Ohio; by the Ohio, by a to the Articles of Confederation, and to direct line, drawn due north from the such alterations therein as shall be con- mouth of the Great Miami, to the said terstitutionally made; and to all the acts ritorial line, and by the said territorial and ordinances of the United States in line. The Eastern State shall be bounded Congress assembled, comformable thereto. by the last-mentioned direct line, the The inhabitants and settlers in the said Ohio, Pennsylvania, and the said terri. territory shall be subject to pay a part of torial line: Provided, however, and it is further understood and declared, that the province of Massachusetts. In 1788 the boundaries of these three States shall be Secretary of War called the attention of subject so far to be altered, that, if Con- Congress to the fact that there were in gress shall hereafter find it expedient, the arsenals of the United States “two they shall have authority to form one or brass cannon, which constituted one two States in that part of the said terri- moiety of the field artillery with which tory which lies north of an east and the late war was commenced on the part west line drawn through the southerly of the Americans.” Congress by resolubend or extreme of Lake Michigan. And, tion directed the Secretary to have suitable whenever any of the said States shall inscriptions placed on them; and, as they have 60,000 free inhabitants therein, such belonged to Massachusetts, he was inState shall be admitted, by its delegates, structed to deliver them to the order of into the Congress of the United States, on the governor of that State. The two an equal footing with the original States cannon belonging to citizens of Boston in all respects whatever, and shall be at were inscribed, respectively, “ The Hanliberty to form a permanent constitution cock, Sacred to Liberty,” and “The and State government: Provided, the Adams, Sacred to Liberty"; with the constitution and government so to be additional words on each, “ These were formed, shall be republican, and in con- used in many engagements during the formity to the principles contained in war.” these articles; and, so far as it can Ordnance Department, a bureau of be consistent with the general inter- the War Department, under the direction est of the confederacy, such admission of a chief of ordnance. The duties of the shall be allowed at an earlier period, department consist in providing, preserve and when there may be a less number ing, distributing, and accounting for every of free inhabitants in the State than description of artillery, small - arms, and 60,000.
all the munitions of war which may be ART. 6. There shall be neither slavery required for the fortifications of the counnor involuntary servitude in the said ter- try, the armies in the field, and for the ritory, otherwise than in the punishment whole body of the militia of the Union. of crimes, whereof the party shall have In these duties are comprised that of debeen duly convicted; Provided, always, termining the general principles of conthat any person escaping into the same, struction, and of prescribing in detail the from whom labor or service is lawful- models and forms of all military weapons ly claimed in any one of the original employed in war. They comprise also the States, such fugitive may be lawfully duty of prescribing the regulations for the reclaimed and conveyed to the person inspection of all these weapons, for mainclaiming his or her labor or service as taining uniformity and economy in their aforesaid.
'fabrication, for insuring their quality, and Be it ordained by the authority afore- for their preservation and distribution. said, that the resolutions of the 23dOrdnance Survey. See Coast SURVEY. of April, 1784, relative to the subject Oregon, STATE OF. The history of this of this ordinance, be, and the same are State properly begins with the discovery hereby repealed, and declared null and of the mouth of the Columbia River by void.
Captain Gray, of Boston, in the ship Done by the United States, in Congress Columbia, May 7, 1792, who gave the
assembled, the 13th day of July, in name of his vessel to that river. His rethe year of our Lord 1787, and of port caused President Jefferson to send
their independence the twelfth. the explorers LEWIS and CLARKE (99. v.) See NORTHWESTERN TERRITORY, THE. across the continent to the Pacific (1804
Ordnance. The whole train of artil. 6). In 1811 John J. Astor and others lery possessed by the English-American established a fur-trading post at the colonies when the war for independence mouth of the Columbia River, and called broke out (April 19, 1775) was coin- it Astoria. The British doctrine, always posed of four field-pieces, two belonging practised and enforced by them, that the to citizens of Boston, and two to the entrance of a vessel of a civilized nation,