Passed on July 13, 1787, the Ordinance of the Northwest
Territory, commonly referred to as the Northwest Ordinance,
established the procedures by which the western lands ceded to
the national government by the states would form territorial
governments. Congress appointed a governor, secretary, and
three judges to administer the territory until the number of
voting citizens reached 5,000. At that point the citizens elected
a legislature. When the population increased to 60,000, the
territory could apply for statehood on an equal basis with the
other states. The ordinance also guaranteed the validity of
contracts, prohibited individuals born in the territory from
becoming slaves, and ensured freedom of religion. The passage
of this act encouraged investors and settlers to migrate to the
region.
An ordinance for the government of the Territory of the
United States northwest of the river Ohio.
SECTION 1. Be it ordained by the United States on
Congress assembled, That the said territory, for the purpose
of temporary government, be one district, subject, however,
to be divided into two districts, as future circumstances may,
in the opinion of Congress, make it expedient.
SEC. 2. Be it ordained by the authority aforesaid, That the
estates both of resident and non-resident proprietors in the
said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased
child in equal parts, the descendants of a deceased child or
grandchild to take the share of their deceased parent in equal
parts among them; and where there shall be no children or
descendants, then in equal parts to the next of kin in equal
degree; and among collaterals, the children 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 personal estate; and this law relative to descents and
dower, shall remain in full force until altered by the legislature
of the district. And until the governor and judges shall adopt
laws as hereinafter mentioned, estates in the said territory
may be devised or bequeathed by wills in writing, signed and
sealed by him or her in whom the estate may be, (being of full
age), and attested by three witnesses; and real estates may be
conveyed by lease and release, or bargain and sale, signed,
sealed, and delivered by the person, being of full age, in
whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be
acknowledged, or the execution thereof duly proved, and be
recorded within one year after proper magistrates, courts,
and registers, shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however to the French and Canadian inhabitants, and other
settlers of the Kaskaskies, Saint Vincents, and the neighboring
villages, who have heretofore professed themselves citizens of
Virginia, their laws and customs now in force among them,
relative to the descent and conveyance of property.
SEC. 3. 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.
SEC. 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 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 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
appointed a court, to consist of three judges, any two of
whom to form a court, who shall have a common-law jurisdiction, and reside in the district, and have each therein a
freehold estate, in five hundred acres of land, while in the
exercise of their offices; and their commissions shall continue
in force during good behavior.
Ordinance of the Northwest
Territory (1787)
SEC. 5. The governor and judges, or a majority of them,
shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best
suited to the circumstances of the district, and report them to
Congress from time to time, which laws 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 shall
think fit.
SEC. 6. 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 commissioned by
Congress.
SEC. 7. Previous to the organization of the general assembly the governor 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; but all magistrates and other civil officers, not herein otherwise directed,
shall, during the continuance of this temporary government,
be appointed by the governor.
SEC. 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 thereafter be made by the
legislature.
SEC. 9. 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 assembly: 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 likewise 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 representative.
SEC. 10. 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.
SEC. 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 representatives shall be
elected the governor shall appoint a time and place for them
to meet together, and when meet they shall nominate ten
persons, resident 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 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 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, prorogue, and dissolve the general assembly when, in his opinion, it shall be
expedient.
SEC. 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 a 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 Congress,
with a right of debating, but not of voting, during this temporary government.
SEC. 13. 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 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.
SEC. 14. It is hereby ordained and declared, by the authority aforesaid, 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:
ARTICLE 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.
ARTICLE 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 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 whatever, interfere with or affect private contracts, or engagements, bona
fide, and without fraud previously formed.
ARTICLE III
Religion, morality, and knowledge being necessary to
good government and 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.
ARTICLE 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 the acts and ordinances of the
United States in Congress assembled, conformable 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 districts,
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 proprietors be taxed higher than
residents. The navigable waters leading into the Mississippi
and Saint 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.
ARTICLE 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 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 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, the 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 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 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
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.
ARTICLE VI
There shall be neither slavery nor involuntary servitude 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 23rd 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 twelfth.