[A constitution was adopted by yet a third convention, and government instituted under it. North Carolina, however, repealed her cession before Congress had accepted it, and reasserted her authority over "Frankland," not without long and bitter conflict.]

149. Organization by Congress

a. A Plan for a Temporary Government of the Western Territory. April 23, 1784

Journals of Congress (1801 edition), IX, 109-110.

This act is usually known as Jefferson's Territorial Ordinance of 1784. For history, cf. American History and Government, § 181. It is given here mainly for comparison with the Ordinance of 1787 (No. 149b), and, by most students, it can be read to best advantage after a study of that document.

"Resolved that so much of the territory ceded or to be ceded by individual states to the United States [the rest of this paragraph provides for division into two tiers of states, bounded by alternate parallels of latitude, with some rather obscure provisions for fragmentary pieces of territory on the north and east, cf. American History and Government, § 181.]

"That the settlers on any territory so purchased, and offered for sale, shall, either on their own petition or order of Congress, receive authority from them, with appointments of time and place, for their free males of full age within the limits of their state to meet together, for the purpose of establishing a temporary government, to adopt the constitution and laws of any one of the original states; so that such laws nevertheless shall be subject to alteration by their ordinary legislature; and to erect, subject to a like alteration, counties, townships, or other divisions, for the election of members for their legislature.

"That when any such state shall have acquired 20,000 free inhabitants, on giving due proof thereof to Congress, they shall receive from them authority, with appointments of time and place, to call a convention of representatives to establish a permanent constitution and government for themselves. Provided that both the temporary and permanent governments be established on these principles as their basis:

"1st. That they shall for ever remain a part of this confederacy of the United States of America.

"2d. That they shall be subject to the articles of confederation in all those cases in which the original states shall be so subject, and to all the acts and ordinances of the United States in Congress assembled, conformable thereto.