Magazine of western history, illustrated, Vol. I, No. 1, November 1884Various
History
Magazine of western history, illustrated, Vol. I, No. 1, November 1884
Various
Local history -- Periodicals; United States -- History -- Periodicals; West (U.S.) -- History -- Periodicals
The authorship of this grand charter of rights, vouchsafed to a people
who to-day number many millions and are living happily under its benign
influence, bears the marks of wisdom the most profound, of statesmanship
of the highest order, of foresight akin to inspiration. The question
then very naturally arises for eager solution, “Who was the author?” or
if more than one, “Who were the authors?” The question has never been,
probably never will be, fully and definitely answered to the
satisfaction of every inquirer. The claims of Thomas Jefferson, of
Nathan Dane, of Dr. Manasseh Cutler have in turn been ably supported by
various writers. The truth no doubt is that all these gentlemen,
together with Colonel Carrington and Richard Henry Lee of Virginia, and
Arthur St. Clair, the President of Congress, were concerned in its
preparation. More importance is attached to the authorship of Articles
III and VI, especially of the latter, than to any other portion of the
instrument. Religious liberty, the provision for the spread of
education, the manner in which the Indians should be treated, and the
inhibition of slavery, are its distinguishing features. To whom are we
chiefly indebted for their place in the Ordinance?
Jefferson has a strong claim upon our gratitude, for it was he who
drafted the anti-slavery clause in the inoperative ordinance of 1784,
from which the anti-slavery clause (Article VI) of the Ordinance of
1787, no doubt, was copied. The similarity in the phraseology of the two
clauses is too striking to admit of a doubt of this, as any one who will
carefully read and compare the two will readily perceive. To Jefferson,
then, we owe much, but it must be remembered that he was not a member of
the last Congress of the old confederation, but was at that time our
minister to France. Nathan Dane was the committee’s secretary, and no
doubt the original draft is in his handwriting. He had prepared and
reported an ordinance in May previous which was not passed, and which
contained none of the grand principles that characterized the ordinance
under question. If he were the author of any part of the latter, it was
an unessential part, as he afterwards, in a letter to Mr. Rufus King
published in Spencer’s History of the United States, clearly shows that
he had no adequate conception of the grand features of the Ordinance.
Moreover he declined to offer the anti-slavery clause as a part of the
Ordinance at its first reading because he believed it could not pass,
and only presented it the day before the final adoption of the
Ordinance, after having learned the feeling of Congress toward the
slavery question.
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