While the population of free, male inhabitants of a territory was less than 5,000, there would be a limited form of government: a governor, a secretary, and three judges, all being appointed by Congress. The governor, appointed for a three-year term and given a "freehold estate therein, in one thousand acres of land," would be the commander-in-chief of the militia, appoint magistrates and other civil officers, and help create and publish laws. The secretary, appointed for a four-year term and given a similar freehold estate as the governor but of five hundred acres, would be in charge of keeping and preserving the acts and laws passed by the territorial legislatures, keep the public records of the district, and transmit authentic copies of such acts and proceedings every six months to the secretary of the Continental Congress. Three judges, who would be appointed indefinitely "during good behaviour" and be given the same freehold as the secretary, would be in charge of helping the governor create and pass acts and laws and in making official court rulings.
