The Northwest Territorial
Government--1789. 61
and the same is hereby, ratified and
confirmed, anything to the
contrary in the deed of cession of said
territory by this common-
wealth to the United States
notwithstanding.*
THE NORTHWEST TERRITORIAL GOVERN-
MENT-1789.
(FIRST CONGRESS, FIRST SESSION.)
An act to provide for the government of
the Territory northwest of the
river Ohio.
WHEREAS, In order that the ordinance of
the United
States in Congress assembled, for the
government of the terri-
tory northwest of the river Ohio, may
continue to have full effect,
it is requisite that certain provisions
should be made, so as to
adapt the same to the present
constitution of the United States:
Be it enacted by the Senate and House
of Representatives of
the United States of America in
Congress assembled, That in all
cases in which, by said ordinance, any
information is to be given
or communication made by the Governor of
the said territory
to the United States in Congress
assembled, or to any of their
officers, it shall be the duty of said
Governor to give such infor-
mation and to make such communication to
the President of
the United States; and the President
shall nominate, and, by
and with the advice and consent of the
Senate shall appoint all
officers which, by said ordinance, were
to have been appointed
by the United States in Congress
assembled, and all officers so
appointed shall be commissioned by him;
and in all cases where
the United States in Congress assembled
might, by the said
* The act of Virginia of December 18,
1789, concerning the erection of
Kentucky into an independent State,
contained the following proviso:
"Sec. 7. The use and navigation of
the river Ohio, so far as the terri-
tory of the proposed State, or the
territory which shall remain within the
limits of this commonwealth, lies
therein, shall be free and common to the
citizens of the United States; and the
respective jurisdictions of this com-
monwealth and of the proposed State, on
the river as aforesaid, shall be
concurrent only with the States which
may possess the opposite shores of
the said river."
62 Ohio Arch. and His. Society Publications.
ordinance, revoke any commission or
remove from any office,
the President is hereby declared to have
the same powers of
revocation and removal.
SEC. 2. And be it further enacted, That
in case of the death
removal, resignation, or necessary
absence of the Governor of
the said territory, the Secretary
thereof shall be, and he is hereby
authorized and required to execute all
the powers and perform
all the duties of the Governor during
the vacancy occasioned
by the removal, resignation, or
necessary absence of the said
Governor.
CONCERNING THE CESSION OF THE WESTERN
RESERVE.
(ACT OF CONGRESS OF APRIL 28, 1800, 3 V. L. U. S., p.
364.)
SECTION 1. That the President of the
United States be,
and he hereby is, authorized to execute
and deliver letters patent,
in the name and behalf of the United
States, to the Governor of
the State of Connecticut, for the time
being, for the use and benefit
of the persons holding and claiming
under the State of Connec-
ticut, their heirs and assigns, forever,
whereby all rights, title in-
terest, and estate, of the United
States, to the soil of that tract of
land lying west of the west line of
Pennsylvania, as claimed by the
State of Pennsylvania, and as the same
has been actually settled,
ascertained, and run, in conformity to
an agreement between the
said State of Pennsylvania and the State
of Virginia, and extend-
ing from said line, westward, one
hundred and twenty statute miles
in length, and in breadth throughout the
said limits in length,
from the completion of the forty-first
degree of north latitude,
until it comes to forty-two degrees and
two minutes north latitude,
including all that territory commonly
called the Western Reserve
of Connecticut, and which was excepted
by said State of Con-
necticut out of the cession by the said
State heretofore made to
the United States, and accepted by a
resolution of Congress of
the fourteenth of September, one
thousand seven hundred and
eighty-six, shall be released and
conveyed as aforesaid to the said
Governor of Connecticut, and his
successors in said office, forever,
The Cession of the Western
Reserve. 63
for the purpose of quieting the grantees
and purchasers under
said State of Connecticut, and
confirming their titles to the soil
of the said tract of land.
Provided, however, That such letters
patent shall not be
executed and delivered, unless the State
of Connecticut shall
within eight months from passing this
act, by a legislative act,
renounce forever, for the use and
benefit of the United States,
and of the several individual States who
may be therein con-
cerned, respectively, and of all those
deriving claims or titles from
them, or any of them, all territorial
and jurisdictional claims
whatever, under any grant, charter, or
charters whatever, lying
westward, nothwestward, and
southwestward,of these counties in
the State of Connecticut, which are
bounded westwardly by the
eastern line of the State of New York,
as ascertained by agree-
ment between Connecticut and New York,
in the year one thous-
and seven hundred and thirty-three,
excepting only from such
renunciation the claim of said State of
Connecticut, and of those
claiming from under the said State, to
the soil of said tract of land,
herein described under the name of the
Western Reserve of Con-
necticut.
And provided, also, That the said State
of Connecticut shall,
within the said eight months for and
after passing this act, by the
agent or agents of said State, duly
authorized by the Legislature
thereof, execute and deliver, to the
acceptance of the President
of the United States, a deed, expressly
releasing to the United
States the jurisdictional claim of the
said State of Connecticut,
to the said tract of land, herein
described under the name of the
Western Reserve of Connecticut, and
shall deposit an exemplifi-
cation of said act of renunciation,
under the seal of the said State
of Connecticut, together with said deed,
releasing said jurisdic-
tion, in the office of the Department of
State of the United States;
which deed of cession, when so
deposited, shall vest the jurisdic-
tion of said territory in the United
States: Provided, That neither
this act, nor anything contained
therein, shall be construed so
as in any manner to draw into question
the conclusive settlement
of the dispute between Pennsylvania and
Connecticut, by the
decree of the Federal Court at Trenton,
nor to impair the right
of Pennsylvania, or any other State, or
of any person or persons
64 Ohio Arch. and His. Soeiety Publications.
claiming under that or any other State,
in any existing dispute
concerning the right, either of soil or
of jurisdiction, with the State
of Connecticut, or with any person or
persons claiming under the
State of Connecticut: And provided,
also, That nothing herein
contained shall be construed in any
manner to pledge the United
States for the extinguishment of the
Indian title to the said lands,
or further than merely to pass the title
of the United States
thereto.*
THE NORTHWEST TERRITORIAL GOVERN-
MENT-1800.
(SIXTH CONGRESS, FIRST SESSION.)
An act to divide the Territory of the
United States northwest of the Ohio
into two separate governments.
SECTION 1. Be it enacted by
the Senate and House of
Representatives of the United States
of America in Congress as-
sembled, That from and after the fourth day of July next, all
that part of the territory of the United
States northwest of the
Ohio River which lies to the westward of
a line beginning at the
Ohio, opposite to the mouth of Kentucky
River, and running
thence to Fort Recovery, and thence
north until it shall inter-
sect the territorial line between the
United States and Canada,
shall, for the purposes of temporary
government, constitute a
separate territory and be called the
Indiana Territory.
SEC. 2. And be it further enacted, That
there shall be es-
* By Article IV, of the treaty of Fort
Industry, July 4, 1805, it appears
that the " Proprietors of the half
million of acres of land, lying south of
Lake Erie, called Sufferers' Land,"
furnished an annuity of one hundred
and seventy-five dollars to the
Wyandots, Munsees, and Delawares, and
those of the Shawanos and Senecas who resided
with the Wyandots. By
Article V, the Ottawas and Chippewas and
such of the Pottawatamies as
resided on the river Huron received from
said "Proprietors " the sum of
$4,000 in hand, who secured to the
President, in trust for them, the further
sum of $12,000, payable in six annual
installments, which several sums,
with $2916.67, to raise said sum of $175
annuity, over the consideration
paid by the agents of the Connecticut
Reserve to extinguish the Indian
claims of that tract of land.
The Northwest Territorial Government
- 1800. 65
tablished within the said territory a
government in all respects
similar to that provided by the
ordinance of Congress passed
on the thirteenth day of July, one
thousand seven hundred and
eighty-seven, for the government of the
territory of the United
States northwest of the river Ohio; and
the inhabitants thereof
shall be entitled to, and enjoy, all and
singular the rights, privi-
leges, and advantages granted and
secured to the people by the
said ordinance.
SEC. 3. And be it further enacted, That
the officers for
the said territory, who by virtue of
this act shall be appointed
by the President of the United States,
by and with the advice
and consent of the Senate, shall
respectively exercise the same
powers, perform the same duties, and
receive for their services
the same compensation as by the
ordinance aforesaid and the
laws of the United States have been
provided and established
for similar offices in the territory of
the United States northwest
of the river Ohio. And the duties and
emoluments of the super-
intendent of Indian affairs shall be
united with those of Governor;
Provided, That the President of the
United States shall nave
full power, in the recess of Congress,
to appoint and commission
all officers herein authorized; and
their commissions shall con-
tinue in force until the end of the next
session of Congress.
SEC. 4. And be it further enacted, That
so much of the
ordinance for the government of the
territory of the United States
northwest of the Ohio River as relates
to the organization of a
General Assembly therein, and prescribes
the powers thereof,
shall be in force and operate in the
Indiana Territory, whenever
satisfactory evidence shall be given to
the Governor thereof that
such is the wish of a majority of the
freeholders, notwithstanding
there may not be therein five thousand
free male inhabitants
of the age of twenty-one years and
upwards; Provided, That
until there shall be five thousand free
male inhabitants of twenty-
one years and upwards in said territory,
the whole number of
Representatives to the General Assembly
shall not be less than
seven nor more than nine, to be
apportioned by the Governor
to the several counties in said
territory agreeably to the number
of free males of the age of twenty-one
years and upwards which
they may respectively contain.
66 Ohio Arch. and His. Society Publications.
SEC. 5. Be it further enacted, That
nothing in this act
contained shall be construed so as in
any manner to affect the
government now in force in the territory
of the United States
northwest of the Ohio River, further
than to prohibit the exer-
cise thereof within the Indiana
Territory, from and after the
aforesaid fourth of July next; Provided,
That whenever that part
of the territory of the United States
which lies to the eastward
of a line beginning at the mouth of the
Great Miami River, and
running thence due north to the
territorial line between the
United States and Canada, shall be
erected into an independent
State and admitted into the Union on an
equal footing with the
original States, thenceforth said line
shall become and remain
permanently the boundary line between
such States and the
Indiana Territory; anything in this act
contained to the con-
trary notwithstanding.
SEC. 6. And be it further enacted, That
until it shall be
otherwise ordered by the Legislatures of
the said territories re-
spectively, Chillicothe, on Scioto
River, shall be the seat of the
government of the territory of the
United States northwest of the
Ohio River; and that Saint Vincennes, on
the Wabash River,
shall be the seat of the government for
the Indiana Territory.
Approved May 7, 1800.
DEED AND ACT OF CESSION OF CONNECTICUT.
(MAY 30, 1800, 1 V. L. U. S., p. 485.)
To all who shall see these presents, I, Jonathan Trumbull,
Governor of the State of Connecticut,
send greeting:
WHEREAS, The General Assembly of the
State of Con-
necticut, at their session holden in
Hartford, on the second Thurs-
day of May, one thousand eight hundred,
passed an act, entitled
"An act renouncing the claims of
this State to certain lands
therein mentioned," in the words
following to-wit:
"WHEREAS, The Congress of the United
States, at their
session, begun and holden in the City of
Philadelphia, on the
first Monday of December, in the year
one thousand seven hun-
The Northwest Territorial
Government--1789. 61
and the same is hereby, ratified and
confirmed, anything to the
contrary in the deed of cession of said
territory by this common-
wealth to the United States
notwithstanding.*
THE NORTHWEST TERRITORIAL GOVERN-
MENT-1789.
(FIRST CONGRESS, FIRST SESSION.)
An act to provide for the government of
the Territory northwest of the
river Ohio.
WHEREAS, In order that the ordinance of
the United
States in Congress assembled, for the
government of the terri-
tory northwest of the river Ohio, may
continue to have full effect,
it is requisite that certain provisions
should be made, so as to
adapt the same to the present
constitution of the United States:
Be it enacted by the Senate and House
of Representatives of
the United States of America in
Congress assembled, That in all
cases in which, by said ordinance, any
information is to be given
or communication made by the Governor of
the said territory
to the United States in Congress
assembled, or to any of their
officers, it shall be the duty of said
Governor to give such infor-
mation and to make such communication to
the President of
the United States; and the President
shall nominate, and, by
and with the advice and consent of the
Senate shall appoint all
officers which, by said ordinance, were
to have been appointed
by the United States in Congress
assembled, and all officers so
appointed shall be commissioned by him;
and in all cases where
the United States in Congress assembled
might, by the said
* The act of Virginia of December 18,
1789, concerning the erection of
Kentucky into an independent State,
contained the following proviso:
"Sec. 7. The use and navigation of
the river Ohio, so far as the terri-
tory of the proposed State, or the
territory which shall remain within the
limits of this commonwealth, lies
therein, shall be free and common to the
citizens of the United States; and the
respective jurisdictions of this com-
monwealth and of the proposed State, on
the river as aforesaid, shall be
concurrent only with the States which
may possess the opposite shores of
the said river."