The quarterly of the Oregon Historical Society, Vol. 1, No. 2, June, 1900Oregon Historical Society
History
The quarterly of the Oregon Historical Society, Vol. 1, No. 2, June, 1900
Oregon Historical Society
Oregon -- History -- Periodicals
For various reasons Georgia was not ready to renounce any territory
claimed by her before 1798, and the deed of cession was not made until
1802. Georgia, like North Carolina, desired to have the state formed
from her territory enjoy the privileges granted to the Northwest
Territory by the ordinance of 1787. Out of the lands relinquished
to the general government by the states south of the Ohio, and the
territory subsequently acquired by treaty and purchase from France and
Spain, were formed, in the early part of the nineteenth century, the
several territories afterwards admitted as states with the rights and
privileges guaranteed in the compact between the United States and the
people of the Northwest Territory.
Hitherto I have sketched the political history of the lands of the
United States with the object only of pointing out the change that
had occurred in men's ideas of natural rights in the soil. They had
also progressed greatly in their understanding of political rights.
The struggle of the American colonies to achieve independence had
served as an object lesson of immense importance even to the colonies
themselves, and they were prepared to guard their new-found freedom
with a jealous care. Next to the Declaration of Independence in justice
and dignity stands the compact entered into between the people and
congress in giving and accepting the territory first ceded by the
original states to the United States, and known as the Ordinance of
Seventeen Eighty-Seven. By this ordinance the people of the Northwest
Territory were assured that no person demeaning himself in a peaceable
and orderly manner, should ever be molested on account of his mode of
worship, or religious sentiments. The people should always be entitled
to the benefits of the writ of _habeas corpus_, and trial by jury;
of proportionate representation in the legislature, and of judicial
proceedings according to the course of common law. All persons should
be bailable, except for capital offenses, the proof of which was
evident, or the presumption great. All fines should be moderate, and
no cruel or unusual punishments inflicted. No man should be deprived
of his liberty but by the judgment of his peers, or the law of the
land. No man's property should be taken for the public service without
full compensation. Religion, morality and knowledge, being necessary
to good government, and the public happiness, schools and the means of
education should be forever encouraged. The utmost good faith should
always be observed towards the Indians. Their lands and property should
never be taken away from them without their consent, nor their rights
and liberty invaded except in lawful war, but laws for their protection
should be enacted. There should be neither slavery nor involuntary
servitude in the territory, otherwise than for the punishment of crimes
whereof the person should have been duly convicted.[5]
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