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(ACT of August 7th, 1789.) expedient and advantageous. They shall also have power to con. vey, by complete title, the lots sold to the purchasers; and the proceeds of the lands so disposed of, or so much thereof as may be necessary for the purpose, shall be applied, under the direction of the said trustees, to the draining of a pond in the vicinity of the town; and the residue of the money arising from the said sales, if any there be, shall be paid over to the trustees of the Vincennes university, and shall, by them, be applied to the benefit of the said university.

Sec. I. The said trustees, when they shall have performed the duties assigned to them under this act, shall make a report thereof to congress.

VOLUNTEERS.

ACT of April 20, 1818. Pamphlet edit. 130.

An act for the relief of volunteer mounted cavalry. Every officer, noncommissioned officer, or private who serve ed in any volunteer corps of cavalry during the late war, and furnished his own horse or horses while in the public service aforesaid, shall be allowed at the rate of forty cents per day for each horse so furnished, which such officer, noncommissioned of. ficer or private was entitled by law to keep in such service. And when any officer, noncommissioned officer or private, in the cavalry service aforesaid, having lost the horse or horses which may have been taken by him into the said service, and having received from the United States another horse or horses in lieu or in part payment for the horse or horses so previously lost as aforesaid, such ufficer, noncommissioned officer, or private, shall be entitled to receive the allowance of forty cents per day, for the use and risk of the horse on which he may so have been remounted.

WAR DEPARTMENT.

Established,

1 Oath of office, Secretary's duties,

1 | Charge of records, &c. Chief clerk,

[See titles, ACCOUNTS, 13, 15, 19, 23, 25, CLERKS, 4, 11, SALARIES, 4, 12, 14, STATE Department, 9, TREASURY Department, 9, 15, 19, 20, 21.

ACT of August 7, 1789. 2 Bioren, 32. An act to establish an executive department, to be denominated the Department

of War. 1. Sec. 1 There shall be an executive department, to be denominated the department of war; and there shall be a principal of

(ACT of August 7th, 1789.) ficer therein, to be called the secretary for the department of war, who shall perform and execute such duties as shall, from time to time, be enjoined on, or entrusted to him, by the president of the United States, agreeably to the constitution, relative to military commissions, or to the land or naval forces, ships, or warlike stores, of the United States, or to such other matters respecting military or naval affairs, as the president of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs: And furthermore, the said principal officer shall conduct the business of the said department, in such manner as the president of the United States shall, from time to time, order or instruct. [The parts of this sec. in italics, are repealed by the act of April 30, 1798, see title NAVY, 1, ante, page 620.]

2. Sec. 11. There shall be in the said department, an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, whenever the said principal officer shall be removed from office by the president of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said department.

3. Sec. in. The said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation well und faithfully to execute the trust committed to him.

4. Sec. iv. The secretary for the department of war, to be appointed in consequence of this act, shall, forth with after his appointment, be entitled to have the custody and charge of all records, books, and papers, in the office of secretary for the department of war, heretofore established by the United States in con gress assembled.

APPENDIX.

No. I.

Be it ordained by the authority

aforesaid, That the estates both of reALABAMA.

sident and nonresident proprietors in

the said territory, dying intestate, shall Resolution of December 14th, 1819, de claring the admission of the State of Ala

descend to, and be distributed among bama into the Union.

their children, and the descendants of

a deceased child, in equal parts; the WHEREAS, in pursuance of an act of

descendants of a deceased child or Congress, passed on the second day of grand child to take the share of their March, one thousand eight hundred

deceased parent in equal parts among and nineteen, entitled “An act to ena.

them: and where there shall be no ble the people of the Alabama Territo

children or descendants, then in equal ry to form a constitution and state go

parts to the next of kin, in equal degree; vernment, aad for the admission of such

and among collaterals, the children of state into the Union on an equal foot.

a deceased brother or sister of the ining with the original states," the peo

testate shall have, in equal parts ple of the said territory did, on the se

among them, their deceased parents' cond day of August, in the present year,

share; and there sball, in no case, be a by a Convention called for that pur

distinction between kindred of the pose, form for themselves a constitu

whole and half blood; saving in all cation and state government, which con

ses to the widow of the intestate, her stitution and state government, so form

third part of the real estate for life, and ed, is republican, and in conformity to

one third part of the personal estate: the principles of the articles of com

and this law relative to descents and pact between the original states and

dower, shall remain in full force until the people and states in the territory

altered by the legislature of the disnorthwest of the river Ohio, passed on

trict. And until the goveroor and the thirteenth day of July, one thousand

judges shall adopt laws as herein after seven hundred and eighty-seven, so far

mentioned, estates in the said territory as the same have been extended to the

may be devised or bequeathed by wills said territory by the articles of agree

in writing, signed and sealed by him or ment between the United States and

her, in whom the estate may be, (being the state of Georgia

of full age,) and attested by three witResolved, That the state of Alabama

nesses; and real estates may be conshall be one, and is hereby declared to

veyed by lease and release, or bargain be one, of the United States of Ameri

and sale, signed, sealed, and delivered, ca, and admitted into the Union, on an

by the person, being of full age, in equal footing with the original states,

whom the estate may be, and attested in all respects whatever.

by two witnesses, provided such wills

be duly proved, and such conveyances No. II.

be acknowledged, or the execution

thereof duly proved, and be recorded ORDINANCE FOR 1787. within one year after proper magis.

trates, courts, and registers, shall be For the government of the territory of the appointed for that purpose; and personUnited States, northwest of the river Ohio. al property may be transferred by de

livery; saving, however, to the French Be it ordained by the United States and Canadian inhabitants, and other in congress assembled, That the said settlers of the Kaskaskies, Saint Vinterritory, for the purposes of temporary cents, and the neighbouring villages, government, be one district; subject, who have beretofore professed themhowever, to be divided into two dis- selves citizens of Virginia, their laws tricts, as future circumstances may, in and customs now in force arnong them, the opinion of congress, inake it expe. relative to the descent and conveyance dient.

of property.

(Ordinance of 1787.) Be it ordained by the authority servation of the peace and good order aforesaid, That there shall be appoint- in the same. After the general ased, from time to time, by congress, a sembly sball be organized, the powers governor, whose commission shall con- and duties of magistrates and other citinue in force for the term of three vil officers shall be regulated and defiyears, unless sooner revoked by con- ned by the said assembly, but all ma. gress: he shall reside in the district, gistrates and other civil officers, not and have a freehold estate therein, in herein otherwise directed, shall, during one thousand acres of land, while in the the continuance of this temporary goexercise of his office.

vernment, be appointed by the goThere shall be appointed from time vernor. to time, by congress, a secretary whose For the prevention of crimes and incommission shall continue in force for juries, the laws to be adopted or made four years, unless sooner revoked; he shall bave force in all parts of the disshall reside in the district, and have a trict, and for the execution of process, freehold estate therein, in five bundred criminal and civil: the governor sball acres of land, while in the exercise of make proper divisions thereof; and be his office; it shall be his duty to keep shall proceed from time to time, as cirand preserve the acts and laws passed cumstances may require, to lay out by the legislature, and the public re the parts of the district in which the cords of the district, and the proceed. Iodian titles shall have been extinings of the governor in his executive guished, into counties and townships, department; and transmit authentic subject, however, to such alterations copies of such acts and proceedings, as may thereafter be made by the legisevery six months, to the secretary of lature. congress: There shall also be appoint- So soon as there shall be five thoued a court, to consist of three judges, sand free male inbabitants, of full age, any two of whom to form a court, who in the district, upon giving proof thereshall have a common law jurisdiction, of to the governor, they shall receive and reside in the district, and have each authority, with time and place, to elect therein a freebold estate, in five hun representatives from their counties or dred acres of land, while in the exer townships, to represent them in the cise of their offices; and their commis general assembly; provided that, for sions shall continue in force during every five hundred free male inhabigood behaviour.

tants, there shall be one representaThe governor and judges, or a majo tive, and so on, progressively, with the rity of them, shall adopt and publish in number of free male inhabitants, sball the district, such laws of the original the right of representation increase, states, criminal and civil, as may be until the number of representatives necessary, and best suited to the cir. shall amount to twenty-five; after cumstances of the district, and report which the number and proportion of them to congress, from time to time; representatives shall be regulated by which laws shall be in force in the dis: the legislature; provided, that no pertrict until the organization of the gen son be eligible or qualified to act as a eral assembly therein, unless disap representative, unless he shall have proved of by congress; but afterwards been a citizen of one of the United States the legislature shall have authority to three years, and be a resident in the alter them as they shall think fit. district, or unless he shall have resided

The governor for the time being, in the district three years: and in eishall be commander in chief of the mi- ther case, shall likewise hold in his litia, appoint and commission all offi- own right, in fee simple, two hundred cers in the same, below the rank of acres of land within the same; provided general officers, all general officers also, that a freebold in fifty acres of shall be appointed and commissioned land in the district, having been a citidy congress.

zen of one of the states, and being rePrevious to the organization of the sident in the district, or the like freegeneral assembly, the governor shall hold and two years residence in the disappoint such magistrates and other ci- trict, shall be necessary to qualify a vil officers, in each county or township, man as an elector of a representative. as he shall find necessary for the pre. The representatives thus elected, (Ordinance of 1787.) shall serve for the term of two years; The governor, judges, legislative and in case of the death of a represen- council, secretary, and such other offi. tative, or removal from office, the go- cers as congress shall appoint in the vernor shall issue a writ to the county district, shall take an oath or affirmaor township, for which he was a mem- tion of fidelity, and of office; the gober, to elect another in his stead, to vernor before the president of congress, serve for the residue of the term. and all other officers before the govern

The general assembly, or legisla. or. As soon as a legislature shall be ture, shall consist of the governor, le formed in the district, the council and gislative council, and a house of repre- house assembled, in one room, shall sentatives. The legislative council have authority, by joint ballot, to elect sball consist of five members, to con- a delegate to congress, who shall have tinue in office five years, unless sooner a seat in congress, with a right of deremoved by congress; any three of bating, but not of voting during this whom to be a quorum: and the members temporary government. of the council shall be nominated and And for extending the fundamental appointed in the following manner, to principles of civil and religious liberty, wit: As soon as representatives shall which form the basis whereon these be elected, the governor shall appoint republics, their laws, and constitutions, a time and place for them to meet to are erected; to fix and establish those gether, and when met, they shall nomi. principles as the basis of all laws, connate ten persons, residents in the dis- stitutions, and governments, which fortrict and each possessed of a freehold ever hereafter sball be formed in the in five hundred acres of land, and re- said territory; to provide, also, for the turn their names to congress; five of establishment of states, and permanent whom congress shall appoint and government therein, and for their ad. commission to serve as aforesaid: mission to a share in the federal counand whenever a vacancy shall hap- cils on an equal footing with the origipen in the council, by death or re- nal states, at as early periods as may moval from office, the house of repre- be consistent with the general interest: sentatives shall nominate two persons, It is hereby ordained and declared, qualified as aforesaid, for each vacancy, by the authority aforesaid, That the and return their names to congress; following articles shall be considered one of whom congress shall appoint as articles of compact, between the and commission for the residue of the original states and the people and states term: And every five years, four in the said territory, and forever remonths at least before the expiration main unalterable, unless by common of the time of service of the members of consent, to wit: council, the said house shall nominate ART. 1. No person, demeaning ten persons, qualified as aforesaid, and himself in a peaceable and orderly return their names to congress; five of manner, shall ever be molested on acwhom congress shall appoint and com- count of his mode of worship or relimission to serve as members of the coun- gious sentiments, in the said térritory. cil five years, unless sooner removed. ART. 2. The inhabitants of the said And the governor, legislative council, territory shall always be entitled to and house of representatives, shall have the benefits of the writ of habeas corauthority to make laws, in all cases, pus, and of the trial by jury; of a profor the good government of the district, portionate representation of the people not repugnant to the principles and ar in the legislature, and of judicial proticles in this ordinance established and ceedings according to the course of the declared. And all bills, having passed common law. All persons shall be by a majority in the house, and by a bailable, unless for capital offences, majority in the council, shall be refer

where the proof shall be evident, or the red to the governor for his assent; but

presumption great. All fines shall be no bill or legislative act whatever, shall moderate; and no cruel or unusual pube of any force without his assent. nishments shall be inflicted. No man The governor shall have power to con- shall be deprived of his liberty or provene, prorogue, and dissolve, the gene- perty, but by the judgment of his peers, ral assembly, when in his opinion it or the law of the land, and sbould the shall be expedient.

public exigencies make it necessary,

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