The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
"By this Ordinance," he wrote, "we obtained the grant of near 5,000,000
of acres of land, amounting to three millions and a half of dollars; one
million and a half of acres for the Ohio Company and the remainder for a
private speculation in which many of the principal characters in America
are concerned."
The importance of this transaction lies not only in the fact that it
was the first sale of public lands in the United States, but that the
government established for the territory formed many precedents for
later Territories and States. Some of its provisions deserve a close
examination. The changes made in the Johnson ordinance to satisfy the
Ohio Company are found chiefly in the appended six articles of the
Ordinance of 1787. These formed a guarantee that citizens in the
territory deprived of the protection of their States would have the
same personal rights which they enjoyed before leaving the States. The
United States, later destined to become a protector, was feared lest
it might be an oppressor. Such individual rights as _habeas corpus_,
trial by jury, freedom of conscience, possession of property, and
similar birthrights of Englishmen, had been secured in the States by
incorporating them in the various State Constitutions under the general
name of "declaration of rights" or "bill of rights." Without such
specific title, they were placed in the Ordinance of 1787. The sixth
article, no doubt also demanded by Cutler, incorporated the very wording
of Jefferson's rejected anti-slavery clause of three years before,
except making it immediate instead of after 1800. The New England
Associators were unwilling to offer their free labour in competition
with slave labour in their new home. The idea was general. "The total
exclusion of slavery from the State" had been a prominent provision
in a transitory association in Connecticut four years before.
[Illustration: NATHAN DANE'S DRAFT OF THE ANTI-SLAVERY CLAUSE IN THE
ORDINANCE OF 1787. The authorship of this article of the Ordinance has
been in much dispute. Benton attributed it to a similar provision,
drafted by Jefferson, which was struck out of the Ordinance of 1784.
Northern men gave the credit to Nathan Dane, a Massachusetts jurist,
who was in Congress in 1787. During the sectional feeling aroused over
the admission of Missouri in 1820, a dispute arose in Congress over
the respective claims of Jefferson and of Dane. Of this, Dane himself
said: "In April, 1820, search was made for the original manuscript of
the Ordinance of 1787. Daniel Bent's answer was 'that no written draft
could be found'; but there was found attached to the printed Ordinance
in my handwriting the sixth article, as it now is, that is, the slave
article." The original is now in the Library of Congress, Manuscript
Division. The signature of Chas. Thomson, Jr., calls attention to the
faithful secretary of the Continental Congress during its entire
existence.]
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