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
“Every machine in the city that it was possible to set to work, we now
set in motion. My friends made every exertion in private conversation
to bring over my opponents. In order to get at some of them so as to
work powerfully on their minds, we were obliged to engage three or four
persons before we could get at them. In some instances we engaged one
person, who engaged a second, and he a third, and soon to the fourth
before we could effect our purpose. In these maneuvers I am much beholden
to Col. Duer and Maj. Sargent.”
It had been the purpose of the company to secure the governorship of the
new territory for Parsons, but it became known that General Arthur St.
Clair, the president of the Continental Congress, wanted the position.
St. Clair was withholding his influence. Cutler sought an interview
with him. “After that,” said Cutler, “our matters went on much better.”
It will be remembered that St. Clair became the first Governor of the
Northwest Territory.
On the twenty-seventh, Congress directed the Board of Treasury “to take
order and close the contract.” That evening Cutler left New York for
his home, authorizing Sargent to act in his stead. On the twenty-ninth
of August he made a report to the directors and agents at a meeting in
Boston. A great number of proprietors attended, and all fully approved of
the proposed contract and it was finally executed October 27, 1787.
The Ordinance of 1787 undoubtedly represented the most advanced thought
of that time on the subject of free government.
This ordinance irrevocably fixed the character of the immigration, and
determined the social, political, industrial, educational, and religious
institutions of the territory.
As soon as it was adopted by Congress, it was sent to the Constitutional
Convention at Philadelphia, and some of its most important provisions
were embodied in the new Constitution. Notable among these was one in
the second Article of Compact, in the ordinance, stating that, “for the
just preservation of rights and property, no law ought ever to be made,
or have force in said Territory, that shall, in any manner whatever,
interfere with, or affect private contracts or engagements, bona fide,
and without fraud, previously formed.” This appears in Paragraph 1,
Section 10, Article 1 of the Constitution, prohibiting a state from
passing any “law impairing the obligation of contracts.” This is said to
be the first enactment of the kind in the history of constitutional law.
The fact that the Constitutional Convention included this one proviso in
the draft of the Constitution, indicates that consideration was given
the provisions of the ordinance, and thereby suggests their deliberate
omission from the Constitution, for reasons unknown, inasmuch as the
debates of that convention were, by agreement, not recorded.
Public-domain text, read in full here on John Shaqi.
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