Northwest Ordinance of 1787

The Northwest Ordinance (1787)

• It allowed for the division of the territory into two districts if Congress deemed it necessary.
• Congress would appoint a governor to serve a three-year term, unless removed earlier.
• The governor was required to reside in the district and own at least 1,000 acres of land there.
• Once the district had 5,000 free adult male inhabitants, they could elect a representative to a general assembly from their counties or townships.
• For every 500 free male inhabitants, there would be one representative.
• The number of representatives would increase with the population until it reached twenty-five.
• Representatives were required to be citizens of one of the United States for three years, and residents of the district, or residents for three years.
• Representatives also must hold 200 acres of land in fee simple within the district.
• Electors were required to have a freehold in fifty acres of land in the district plus being a citizen of one of the states and a resident in the district.
• Electors could also qualify with a similar freehold and two years' residence in the district.
• Fundamental principles of civil and religious liberty were extended to the territory to form the basis for laws, constitutions, and governments.
• The aim was to establish states, permanent government, and their admission into the federal councils on equal terms with the original states.
• Articles were established as compact between the original states and the people/states in the territory, remaining unalterable unless by common consent.
• No person should be molested for their mode of worship or religious sentiments, if they behaved peaceably and orderly.
• Inhabitants are entitled to habeas corpus, trial by jury, proportionate representation in the legislature, and judicial proceedings according to common law.
• All persons are bailable unless for capital offenses with evident proof, fines should be moderate, and no cruel or unusual punishments inflicted.
• No man should be deprived of liberty or property except by judgment of peers or law of the land.
• Full compensation should be made if public needs require taking property/services.
• No law should interfere with private contracts or engagements made in good faith without fraud.
• Religion, morality, and knowledge were deemed necessary for good government, and the means of education were to be encouraged forever.
• Utmost good faith should be observed towards the Indians.
• Land and property should never be taken without consent, and rights/liberty shouldn't be invaded unless in just and lawful wars authorized by Congress.
• Laws must be founded in justice/humanity to prevent wrongs and preserve peace with them.
• The territory and states formed remain part of the Confederacy of the United States, subject to the Articles of Confederation, constitutional alterations, and acts/ordinances of the United States in Congress assembled.
• Inhabitants and settlers must pay a proportional part of the federal debts and expenses of government as apportioned by Congress.
• Taxes are to be laid and levied by the legislatures of the district or new states, as in the original states, within the agreed time frame.
• Legislatures of the new districts/states cannot interfere with the primary disposal of the soil by the United States in Congress or regulations for securing title to bona fide purchasers.
• No tax can be imposed on lands owned by the United States.
• Nonresident proprietors cannot be taxed higher than residents.
• Navigable waters leading into the Mississippi and St. Lawrence, and carrying places between them, are common highways, free to inhabitants and citizens of the United States without any tax, impost, or duty.
• States will be formed with 3-5 states, boundaries will be fixed when Virginia alters the act of cession and consents to the same.
• The Western State will be bound by the Mississippi, Ohio, and Wabash Rivers, a direct line from the Wabash and Post Vincents to the US/Canada border.
• The middle state will be bound by the direct line, the Wabash from Post Vincents to the Ohio, the Ohio, and a direct line north from the mouth of the Great Miami to the territorial line.
• The eastern state will be bound by the direct line, the Ohio, Pennsylvania, and the territorial line.
• The boundaries altered if Congress finds it expedient to form one or two states north of an east-west line through the south end of Lake Michigan.
• Whenever any of the States has 60,000 free inhabitants, such State may be admitted into Congress.
• A state would be on equal terms with the original States and can form a permanent constitution/state government.
• A formed constitution/government must be republican and conform to the principles in these articles.
• Admission is allowed at an earlier period with fewer inhabitants if consistent with the general interest of the confederacy.
• There shall be neither slavery nor involuntary servitude, unless as punishment for crimes.
• Any person escaping into the territory, from whom labor/service is lawfully claimed in one of the original states, may be reclaimed.

Congress Adopts the Northwest Ordinance

• These provisions adapt the ordinance of the United States in Congress assembled for governing the Northwest Territory to the present Constitution of the United States.
• All information or communication from the governor of the territory to the United States in Congress assembled, or its officers, must be directed to the President of the United States.
• The President nominates all officers, with the Senate's advice and consent, who were previously appointed by the United States in Congress assembled.
• The officers receive commissions from the President.
• The President has the same powers of revocation and removal as the United States in Congress assembled.
• If the governor dies, resigns, is removed, or is necessarily absent, the secretary of the territory is authorized and required to execute all the powers and perform all the duties of the governor during that period.

Cession of the Southwest Territory

• North Carolina ceded its claims to a district of western territory to the United States.
• The United States had been urging states with western territory to cede parts to hasten debt repayment and establish harmony.
• Inhabitants of the western territory wanted cession for ample protection.
• North Carolina wanted to do justice to public creditors, establish harmony, and comply with citizen desires.
• Senators or any Senator along with two Representatives of North Carolina in Congress had the authority to execute a deed conveying to the United States all right, title, and claim which this state has to the sovereignty and territory of the lands situated within the chartered limits of this state.
• The ceded territory was to be laid out and formed into a state or states, containing a suitable extent of territory, the inhabitants of which shall enjoy all the privileges, benefits and advantages set forth in the ordinance of the late Congress, for the government of the western territory of the United States.
• Congress should assume government of the ceded territory.
• Government was excercised in a manner similar to that which they support in the territory west of the Ohio.
• The should protect the inhabitants against enemies, and shall never bar or deprive them of any privileges which the people in the territory west of the Ohio enjoy.
• No regulations made or to be made by Congress, shall tend to emancipate slaves.

The "Southwest Ordinance"

• The territory of the United States south of the river Ohio, for the purposes of temporary government, was deemed one district.
• The inhabitants of the territory have the privileges, benefits, and advantages set forth in the ordinance.
• Government of the territory south of the Ohio should be similar to that which is exercised north of the river Ohio.
• Except so far as is otherwise provided in the conditions expressed in an act in Congress, “An act to accept a cession of the claims of the State of North Carolina, to a certain district of western territory".

Mississippi Territory

• All that tract of country bounded on the west by the Mississippi; on the north... due cast from the mouth of the Yasous to the Chatahouchee river; the east by the river Chatahouchee; and on the south, was deemed one district.
• The Mississippi Territory was the name of the above mentioned territory.
• The President of the United States is authorized to establish therein a government in all aspects equal to the territory northwest of the Ohio
• Excepting and excluding the last article of the ordinance made for the government thereof on July 13, 1787.
• The territory hereby constituted one district for the purposes of government, may at the discretion of Congress be divided.

The Northwest Ordinance of 1787 outlined how the United States would govern the Northwest Territory. It described how the territory would be divided and how governors and representatives would be appointed or elected. Electors were required to have a freehold in fifty acres of land in the district.