Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/196

 188 governments, according to their progress in population, confiding the whole power to a governor and judges in the first instance, subject to the control of congress. As soon as the territory contains five thousand inhabitants, it provides for the establishment of a general legislature, to consist of three branches, a governor, a legislative council, and a house of representatives; with a power to the legislature to appoint a delegate to congress. It then proceeds to state certain fundamental articles of compact between the original states, and the people and states in the territory, which are to remain unalterable, unless by common consent. The first provides for freedom of religious opinions and worship. The second provides for the right to the writ of habeas corpus; for the trial by jury; for a proportionate representation in the legislature; for judicial proceedings according to the course of the common law; for capital offences being bailable; for fines being moderate, and punishments not cruel or unusual; for no man's being deprived of his liberty or property, but by the judgment of his peers, or the law of the land; for full compensation for property taken, or services demanded for the public exigencies; "and for the just preservation of rights and property, that no law ought ever to be made, or have force in the said territory, that shall in any manner whatever interfere with, or affect private contracts or engagements, bond fide, and without fraud previously formed." The third provides for the encouragement of religion, and education, and schools, and for good faith and due respect for the rights and property of the Indians. The fourth provides, that the territory and states formed therein shall for ever remain a part of the confederacy, subject to the constitutional authority of congress; that the inhabitants shall