The sole power of dividing the district into counties and townships, was also vested in the governor.

The simple form of government thus provided, and which served as the model of those of other territories, subsequently erected, as they successively came into operation, was termed, in popular language, the first grade of territorial government. It will be perceived, that under this organization, the people of the territory had no voice, nor any representation; the whole legislative power being reserved by congress, except the portion which was delegated to the governor and judges, while the latter were restrained from adopting any laws, but such as were already in force in some of the states of the Union; and the appointing power vested in the governor, was more extensive than has ever been entrusted by any state to its chief magistrate. This, however, was considered as merely a temporary arrangement, of brief continuance; and the most ample provision was made, in the same ordinance, for the gradual extension to the people of the right of suffrage, and the power of self-government.

The following article, prescribes the mode by which the territory was permitted to advance from the first to the second grade of territorial government.

"So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives, from their counties or townships, to represent them in the general assembly; provided, that for every five hundred free male inhabitants, there shall

be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five, after which, the number and proportion of the representatives, shall be regulated by the legislature; provided, that no person shall be eligible, or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident of the district, or unless he shall have resided in the district three years; and in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; provided, also, that a freehold of fifty acres of land in the district, having been a citizen of one of the states, and being a resident of the district, or the like freehold and two years residence in the district, shall be necessary to qualify a man as an elector of a representative.

"The representative thus elected, shall serve for the term of two years.

"The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council, shall consist of five members, to continue in office five years, unless sooner removed by congress, any three of whom to be a quorum; and the members of the council, shall be nominated and appointed in the following manner, to wit: as soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together; and, when met, they shall nominate ten persons, residents of the

district, and each possessed of a freehold in five hundred acres of land, and return their names to congress; five of whom congress shall appoint, and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to congress; one of whom, congress shall appoint and commission for the residue of the term; and every five years, four months, at least, before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to congress; five of whom, congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws, in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve, the general assembly, when, in his opinion, it shall be expedient.

And

"As soon as a legislature shall be formed in the district, the council and house, assembled in one room, shall have authority, by joint ballot, to elect a delegate to congress, who shall have a seat in con

gress, with the right of debating, but not of voting, during this temporary government.”

This ordinance was passed by the congress assembled under the articles of confederation, and an act was subsequently passed, on the 7th August, 1789, merely making such alterations as the adoption of the constitution of the United States, since the passage of the ordinance, had rendered necessary. The only important change, was the vesting in the president of the United States the appointing power, which had previously been exercised by congress.

An examination of the ordinance of 1787, furnishes some interesting matter for reflection. It contains several provisions besides those which we have extracted, by which certain rights are declared to be unalterably reserved to the people, and which are merely declaratory of the principles which were then considered as fundamental, and necessary to the republican form of government. Those which we have omitted, are such as are common to the constitutions of the United States, and the individual states. But we find intermingled with some of the noblest principles of benevolence, and some of the soundest maxims of republicanism, other features of policy, which are not consonant with the notions of government which now prevail, nor with the ideas of popular right, which experience has taught, and on which the wisdom of the nation has settled down.

The power vested in a territorial governor, was very great. He not only made nearly all the appointments within his district, erected counties, and fixed their geographical boundaries; but he com

pletely controled the legislature, by possessing beyond the ordinary power of giving sanction to their laws by his assent, that of convening, proroguing, and dissolving, the general assembly, at his pleasure.

The intervention of congress, in the selection of the members of one branch of the general assembly, and the reservation of the right to remove the members, was also a singular feature in that ordinance; and exhibits a jealousy of the popular will, and a doubt of the capacity of the people to think for themselves, which all subsequent experience has shown to be without foundation.

In relation to all the officers appointed by congress, except the judges, after limiting the terms during which their commissions shall continue in force, it is carefully stated, "unless sooner revoked;" a precaution, which shows the determination of the federal government, not only to legislate for her territories, but to reserve the patronage, and hold in her own hands the reins of government.

But the most remarkable feature in the ordinance, is that by which both the right of suffrage, and that of eligibility to office, are made dependent upon a property qualification. The people of Kentucky, coming from the body of the citizens of Virginia, where a property qualification existed, and was a favorite principle, resorted, without hesitation, to the practice of universal suffrage, at a period cotemporaneous with the date of this ordinance, as well as in previous and subsequent elections, and incorporated it in their constitution; while the congress,