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Show ) - 174 'I'IIE ORDINANCE OF 1787. tatives. The LcgisluLive Council shall consist of five mem· bers to contiuuc in office live yrars, unless sooner removed by Congress, anll three of whom to be a quorum, and. the members of the Council 'lw.ll be nominated und. appointed in the following nuwner, to wit: AH soon as representatives shall be electcLl, the Governor shall appoint o. time and place for them to meet together, anll when met, they hall nominate ten persons, re idents in the district, aud each possessed of a freehold in (i ve hundred acres of land, and retum their names to Congress ; five of whom Congress shall appoint aud commission to serve as aforesaid, and whenever a vacancy shu.ll happened in the Council, by t1eath or removal from ollice, lhc Ilonsc of Representatives shall nominate two persons, qualified as afore aid, for each vacancy, and rctut·n their name!) to Congt·e '.' ; one of whom Co11gre s shall appoint and commi:-;sion for the rcsi<lue of the term; and every five years, four months at least before the expiration of the time of service of the rneml>crs of Cot1ncil the said House shall nominate ten persons, qualified as aforesaid, and return thcit· names to Congress, five of whom Congress shall appoint and commission to serve as memhers of the Council five years, unless sooner removed. Ancllhc Governor, Legislative Council an<l IIonsc of 1\epresc ntativ •s, Rhall have authori ty to make laws in all ca es for the good govcrumen t of the di strict, not repugnant to the principles anrlarticles in this Ordinance established and declared. And all bills having pa8seu l>y a majority in the Ilouse atHl hy a majority in the Council, shall be referred to the Governor for his assent ; but no bill or lcgi lativc act wh:ttcver hall he of any force without his assent. The Govrrnor· shall have power lo con venc, prorogue, and dissolv< · the G<~neml AHsembly, when in his opinion it shall be ex ped icn t. rl'he Governor, Judges, Legislative Council, Secretary, and such othet· officers as Congress shall appoint in the di.trict, shall t.akc an oath ot· nffit·mation of fidelity and of • THE ORDINANCE OF 1787. 175 office, the Governor before tho Pre. iden t of Congress, a~d all olhor officers before the Governor. As soon as a Lcglslature shall l>e formed in the district, the Couucil and llouse, asseml>1cd in one room, sha.ll have authority, by joint ballot, to elect a delegate to Congre ·s, who shall have a scat in Congress, with a right of debating, but not of voting, dnring this temporary government . .And for extending [to all pa1·ts of the Confederacy] the fun dam en tal priuci pies of civil and religious lil>crly!' which form the basis whereon these republics, their laws nod constitutions, arc erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in tho snid 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 authorily aforesaid That the followinrr articles !:>hall be considered as ar ti- ' 0 cles of com pact between the original States and tho people nnd States in the said territory, and forever remain unalter-able, unless by common con8ent, to-wit: ARTICLE 1. No perso n, <lemoaning himself in a peaceable and orderly manner, shall ever be molesteu on account ?f hiR mode of worship OL' religious sentiments in the sa1d tcni tory. ARTICLE 2. The inhabitn.nts of the said territory shall always be entitlcu to the benefits of the writ of habeas corpus and of the trial by jury; of a proportionate repro~ scntation of the people in the Lcgi l:tture, and of judicial proceedings according to the conrRe of the common law i all persons shall be baila,l>le, unless for capital o1Tenses, where the proof shall be evident or tho presumption gr~at i nll fines shall be moderate, and no cruel ot· unusual pumsh· |