Application to Erect the Northwest
Ter. into a State. 69
drawn from thence to the southwest
corner of the Connecticut
Reserve; thence by a line due north to
the territorial line, and
by the said territorial line.
The eastern State shall be bounded by
the said eastern boun-
dary of the middle State; by the Ohio to
the Pennsylvania line;
by the Pennsylvania line to the
territorial line, and by the said ter-
ritorial line.
Provided always, That nothing herein contained shall be in-
tended to annul or in any way affect the
authority of Congress
to form one or two States in that part
of the said territory which
lies north of an east line drawn through
the southerly bend of
Lake Michigan.
APPLICATION TO ERECT THE NORTHWEST
TERRI-
TORY INTO A STATE.
(SEVENTH CONGRESS, FIRST SESSION.
NO. 156.)
Communicated to the House of
Representatives, March 4,1802.
Mr. Giles made the following report:
The committee to whom was referred the
census of the
inhabitants of the territory northwest
of the Ohio, with instruc-
tions to report "whether any and
what, measures ought at this
time be taken, for enabling the people
of the said territory to
form a government for themselves, to be
admitted into the Union
upon the same terms with the original
States"; to whom were
also referred the representation of
sundry inhabitants of the said
territory, complaining of an act passed
by the Legislature of the
said territory for altering the boundary
lines of the State therein
as established by the ordinance of
Congress of the 13th of July,
1787, etc., etc.; and other
representations praying that provision
may be made for enabling the people of
the said territory to form
for themselves a State government, to be
admitted into the Union
upon the same footing with the original
States, etc.; after having
bestowed on these interesting subjects
all the attention their
importance requires, report:
That it appears to your committee, that
the ordinance of
the 13th of July, 1787, between the
original States and the people
and State within the territory northwest
of the river Ohio, con-
70 Ohio Arch. and His. Society Publications.
tains the following stipulation: that
"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 con-
formity to the principles contained in
these articles; and, so far
as it can be consistent with the general
interest of the confed-
eracy, 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." It also
appears from the census of the
inhabitants within the eastern division
of the said territory, taken
more than twelve months since, in virtue
of a law of the United
States for that purpose, that there were
then in the said eastern
division forty-five thousand three
hundred and sixty-five inhab-
itants, from which are to be deducted
three thousand four hun-
dred inhabitants living north and west
of the line proposed for
the boundary of the said eastern
division.
It appears, that since the time of
taking the census, the
United States have sold five hundred and
fifty-three thousand
nine hundred and ninety-five acres of
lands within the eastern
division of the territory, amounting in
value to $1,147,585. It
appears, from the best information to be
procured, that, in the
year 1794, the number of inhabitants
within the present eastern
division of the territory did not exceed
six thousand. From the
progressive increase of population since
that period, and the sale
of lands recently made by the United
States, it is probable that,
before all the measures necessary for
the formation of a consti-
tution, putting into operation a State
government, and its admis-
sion into the Union, can be effectuated,
the number of inhabitants
will amount to sixty thousand; the
number requisite, according
to the terms of the ordinance, for
giving them an absolute right
of forming a constitution and State
government for themselves,
as well as the absolute right of
admission into the Union, upon
the same footing with the original
States, in all respects whatever.
It also appears to your committee, that
great and increasing
disquietudes exist among the inhabitants
within the territory,
Application to Erect the Northwest
Ter. into a State. 71
from various occasions, and particularly
in consequence of the
act lately passed for altering the
boundary lines of the States in
the territory, as established by the
ordinance of the 13th of July,
1787.
Your committee, from a due consideration
of all the fore-
going circumstances, are of opinion,
that it is at this time expe-
dient to make provisions for enabling
the people within the east-
ern division of the territory northwest
of the river Ohio to form
for themselves a constitution and State
government, to be admitted
into the Union upon the same footing
with the original States
in all respects whatever; and that such
admission, at this time,
is consistent with the general interests
of the confederacy, accord-
ing to the said ordinance, although the
number of inhabitants
may not amount to sixty thousand. The
committee therefore
recommend the following resolutions:
Resolved, 1) That provision ought at this time to be made,
by law, for enabling the inhabitants of
the eastern division of
the territory northwest of the river
Ohio to form for themselves
a constitution and State government,
provided the same be repub-
lican, and not repugnant to the
ordinance for the government of
the territory northwest of the river
Ohio, of the 13th of July,
1787, nor repugnant to the constitution
of the United States;
and also for the admission of such
State, when the government
thereof shall be formed, into the Union,
upon the same footing
with the original States, in all
respects whatever, by the name
of the State of -- -.
Resolved, 2) That the said State of ---------- ought to con-
sist of all the territory included
within the following boundaries,
to-wit:Bounded on the east by the
Pennsylvania line, running
from the territorial line in Lake Erie
to the Ohio; on the south
by the Ohio, to the mouth of the Great
Miami; on the west by a
line drawn due north, from the mouth of
the Great Miami afore-
said; and on the north by an east and
west line, drawn through
the southerly extreme of Lake Michigan,
running east, after
intersecting the due north line
aforesaid, from the mouth of the
Great Miami, until it shall intersect
Lake Erie or the terri-
torial line, and thence with the same
through Lake Erie,
to the Pennsylvania line afroesaid, or
place of beginning;
72 Ohio Arch. and His. Society Publications.
provided, that Congress shall, at any
time hereafter, be at
liberty either to attach all the
territory lying east of the line to be
drawn due north from the mouth of the
Miami aforesaid to the
territorial line, and north of an east
and west line drawn through
the southerly extreme of Lake Michigan,
running east as afore-
said to Lake Erie, to the aforesaid
State, or dispose of it other-
wise, in conformity to the fifth article
of compact between the
original States and the people and
States to be formed in the
territory northwest of the Ohio.
Resolved, 3) That provision ought to be made, by law, for
calling a convention within the eastern
division of the territory,
to be composed of members to be
apportioned amongst the
several counties therein, in a ratio of
one representative for every
---- inhabitants of the said counties,
according to the last
enumeration of inhabitants thereof; also
for fixing the time,
place, and mode of making elections of
members to compose
such convention, and the time and place
for the meeting of the
same; which convention, when met, shall
first determine, by a
majority of the members present
(provided the number present
shall be a majority of the whole number
chosen), whether it be
or be not expedient, at that time, to
form a constitution and State
government for the people within the
said territory; and if it be
determined to be expedient then, in the
next place, the conven-
tion shall be authorized to form a
constitution and State govern-
ment; provided the same shall be
republican, and not repugnant
to the ordinance of the 13th of July,
1787, between the original
States and the people and the States of
the territory northwest
of the river Ohio, nor repugnant to the
Constitution of the United
States.
Resolved, 4) That until the next general census shall be taken,
the State of ------ shall be entitled
to --- representatives
in the House of Representatives of the
United States.
The committee observed, in the ordinance
for ascertaining
the mode of disposing of lands in the
western territory of the 20th
of May, 1785, the following section,
which, so far as respects
the subject of schools, remains
unaltered:
"There shall be reserved for the
United States out of every
township, the four lots, being numbered
8, 11, 26, 29, and out
Application to Erect the Northwest
Ter. into a State. 73
of every fractional part of a township
so many lots of the same
numbers as shall be found thereon for
future sale. There shall
be reserved the lot No. 16, of every
township, for the maintenance
of public schools within the said
township; also one-third part
of all gold, silver, lead, and copper
mines, to be sold, or otherwise
disposed of as Congress shall hereafter
direct."
The committee also observed, in the
third and fourth articles
of the ordinance of the 13th of July,
1787, the following stipula-
tions, to-wit: Article three,
"Religion, morality, and knowledge
being necessary to good government and
the happiness of man-
kind, schools and the means of education
shall forever be en-
couraged," etc.
Article four, "The Legislatures of
those districts of the new
States shall never interfere with the
primary disposal of the soil
by the United States in Congress
assembled, nor with any regu-
lations 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 committee, taking into consideration
these stipulations,
viewing the lands of the United States
within the said territory
as an important source of revenue;
deeming it also of the highest
importance to the stability and
permanence of the union of the
eastern and western parts of the United
States, that the inter-
course should, as far as possible, be
facilitated, and their interests
be liberally and mutually consulted and
promoted, are of opinion
that the provisions of the aforesaid
articles may be varied for
the reciprocal advantage of the United
States and the State of
--- --- when formed, and the people
thereof; they have there-
fore deemed it proper, in lieu of the
said provisions, to offer the
following propositions to the convention
of the Eastern State
of the said territory, when formed, for
their free acceptance or
rejection, without any condition or
restraint whatever, which,
if accepted by the convention, shall be
obligatory upon the United
States:
1st. That section No. 16, in every
township, sold, or
directed to be sold by the United
States, shall be granted to the
inhabitants of such township for the use
of schools.
74 Ohio Arch. and His. Society Publications.
2d. That the six miles reservation,
including the salt
springs, commonly called the Scioto salt
springs, shall be granted
to the State of -
when formed, for the use of the people
thereof; the same to be used under such
terms, conditions, and
regulations, as the Legislature of the
said State shall direct;
provided the said Legislature shall
never sell, nor lease the same
for a longer term than - years.
3d. That one-tenth part of the net
proceeds of the lands
lying in the said State, hereafter sold
by Congress, after deducting
all expenses incident to the same, shall
be applied to the laying
out and making turnpike or other roads,
leading from the navi-
gable waters emptying into the Atlantic
to the Ohio, and con-
tinued afterwards through the State of
------; such roads to
be laid out under the authority of
Congress, with the consent of
the several States through which the
road shall pass; provided
that the convention of the State of
- shall, on his part,
assent that every and each tract of land
sold by Congress shall
be and remain exempt from any tax laid
by order or under
authority of the State, whether for
State, county, township, or
any other purpose whatever, for the term
of ten years, from and
after the completion of the payment of
the purchase money on
such tract to the United States.
ENABLING ACT FOR OHIO-1802.
(SEVENTH CONGRESS, FIRST SESSION.)
An act to enable the people of the
eastern division of the territory north-
west of the river Ohio to form a
constitution and State government
and for the admission of such State into
the Union on an equal foot-
ing with the original States, and for
other purposes.
SECTION 1. Be it enacted by the Senate and House of
Representatives of the United States
of America in Congress as-
sembled, That the inhabitants of the eastern division of the
ter-
ritory northwest of the river Ohio, be,
and they are hereby,
authorized to form for themselves a
constitution and State gov-
ernment, and to assume such name as they
shall deem proper,.
and the said State, when formed, shall
be admitted into the Union
Application to Erect the Northwest
Ter. into a State. 69
drawn from thence to the southwest
corner of the Connecticut
Reserve; thence by a line due north to
the territorial line, and
by the said territorial line.
The eastern State shall be bounded by
the said eastern boun-
dary of the middle State; by the Ohio to
the Pennsylvania line;
by the Pennsylvania line to the
territorial line, and by the said ter-
ritorial line.
Provided always, That nothing herein contained shall be in-
tended to annul or in any way affect the
authority of Congress
to form one or two States in that part
of the said territory which
lies north of an east line drawn through
the southerly bend of
Lake Michigan.
APPLICATION TO ERECT THE NORTHWEST
TERRI-
TORY INTO A STATE.
(SEVENTH CONGRESS, FIRST SESSION.
NO. 156.)
Communicated to the House of
Representatives, March 4,1802.
Mr. Giles made the following report:
The committee to whom was referred the
census of the
inhabitants of the territory northwest
of the Ohio, with instruc-
tions to report "whether any and
what, measures ought at this
time be taken, for enabling the people
of the said territory to
form a government for themselves, to be
admitted into the Union
upon the same terms with the original
States"; to whom were
also referred the representation of
sundry inhabitants of the said
territory, complaining of an act passed
by the Legislature of the
said territory for altering the boundary
lines of the State therein
as established by the ordinance of
Congress of the 13th of July,
1787, etc., etc.; and other
representations praying that provision
may be made for enabling the people of
the said territory to form
for themselves a State government, to be
admitted into the Union
upon the same footing with the original
States, etc.; after having
bestowed on these interesting subjects
all the attention their
importance requires, report:
That it appears to your committee, that
the ordinance of
the 13th of July, 1787, between the
original States and the people
and State within the territory northwest
of the river Ohio, con-