History of the Ordinance of 1787 and the Old Northwest Territory: A Supplemental Text for School Use — John Shaqi
History of the Ordinance of 1787 and the Old Northwest Territory: A Supplemental Text for School Use
History
History of the Ordinance of 1787 and the Old Northwest Territory: A Supplemental Text for School Use
Northwest, Old -- History; Northwest, Old -- History -- Bibliography; United States. Ordinance of 1787; United States. Ordinance of 1787 -- Bibliography
ordinance was actually drafted by Jefferson is disputed, because it
was an almost identical copy of the plan submitted by David Howell of
Rhode Island in the previous year. However, on the tenth of May, 17 days
after the Ordinance of 1784 was adopted, Jefferson resigned his seat in
Congress to assume the duties of United States Minister to France. As the
Ordinance of 1787 was not adopted until three years after Jefferson had
gone to France, and since he did not return until December, 1789, more
than two years after its passage, there is serious question as to his
possible influence upon it.
Moreover, careful comparison of the Ordinance of 1784 with that of 1787,
shows no similarity, except in the two points referred to above: the
anti-slavery provision, and the articles of compact. The Ordinance of
1784 contains none of those broad provisions found in the later document
concerning religious freedom, fostering of education, equal distribution
of estates of intestates, the privilege of the writ of habeas corpus,
trial by jury, moderation in fines and punishments, the taking of private
property for public use, and interference by law with the obligation of
private contracts. No provision was made for distribution or sale of
lands, and under this Ordinance of 1784 no settlements were ever made in
the territory.
[Illustration: MANASSEH CUTLER
_Drawn by Marie Kellogg, Superior, Wisconsin_]
In 1785, on motion of Rufus King, an attempt was made to re-insert
some sort of anti-slavery provision, but it was not carried. This, so
far as we can learn, is the extent of the grounds for King’s claims to
authorship.
In March, 1786, a report on the western territory was made by the grand
committee of the House, which, proving unsatisfactory, resulted in
the appointment of a new committee. It reported an ordinance that was
recommitted and discussed at intervals until September of the same year,
when another committee was appointed. Of this, Dane was a member. A
report was made which was under discussion for several months. In April,
1787, this same committee reported another ordinance which passed its
first and second readings, and the tenth of May was set for its third
reading, but for some reason final action was postponed. This paper came
down to the ninth of July without further change. Poole has given us the
full text as it appeared only four days before the final passage of the
great ordinance. This bears less likeness to the finally adopted version
than does the Ordinance of 1784.
Force, in gathering up the old papers, found this July 9 version in
its crude and unstatesmanlike condition, and wondered how such radical
changes could have been so suddenly effected; for in the brief space of
four days the new ordinance was drafted, passed its three readings, was
put upon its final passage, and was adopted by the unanimous vote of all
the states present.
This rapid and fundamental change in the ordinance tends to discredit all
of the foregoing claims.
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