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
The secretary of the Northwest Territory was Winthrop Sargent, a graduate
of Harvard, a Revolutionary soldier with a fine record, and the scion
of an American family whose representatives have risen to fame in
literature, science and art. Judge James Mitchell Varnum, Samuel Holden
Parsons and John Cleves Symmes, who constituted the first members of the
Supreme Court of the territory, had all risen to high rank as officers
of the Colonial Army in the Revolutionary War. Varnum was a graduate of
Brown University and Parsons of Harvard. All were able lawyers, and
Symmes had been chief justice of the Supreme Court of New Jersey. Under
the ordinance for the government of the Northwest Territory, St. Clair,
Varnum, Parsons, and Symmes constituted the legislature.
Their law-making power, however, was limited in the ordinance, which
declared:
“The governor and judges, or a majority of them, shall adopt and publish
in the district, such laws of the original states,—as may be necessary
and best suited to the circumstances of the district.”
This seems perfectly clear. This little legislature of the governor and
three judges could only _adopt_ such laws as were already in force in
the original states. This lucid statement, however, was made somewhat
obscure by the following language in another clause of the ordinance:
“The laws to be adopted or made, shall be in force in all parts of the
district.” At least that appears to have been the practical conclusion of
this legislature, with the exception of St. Clair, who somewhat mildly
warned his fellow members against enacting laws not drawn from the
statutes of the states. After sounding the warning, however, he joined
the other members in enacting laws with small regard to the statutes of
the original states.
[Illustration: GOVERNOR ARTHUR ST. CLAIR
_Drawn by Jane Cory, Frankfort, Ohio_]
The first law enacted by the governor and judges provided for a
territorial militia in which all men over 16 years of age were to be
enlisted. Each man was required to provide himself with musket and
cartridge box. Murder and treason were punishable by death according to
another law, and flogging was prescribed for theft and minor offenses. A
fine of ten dimes was imposed for drunkenness; and, if the guilty person
did not pay the fine, he served an hour in stocks. Other laws regulated
marriage, set aside Sunday as a day of rest, and urged all citizens to
avoid swearing and “idle, vain, and obscene conversations.” On July 27,
1788, St. Clair established Washington County, which originally included
almost half of the present state of Ohio.
Public-domain text, read in full here on John Shaqi.
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