*** START OF THE PROJECT GUTENBERG EBOOK 61909 ***

[Illustration]




[Illustration: NORTHWEST TERRITORY]

THIS CARTOGRAPHIC MAP OF NORTHWEST TERRITORY WITH THE ORDINANCE OF 1787
ON THE MAP BACK

In full color, this attractive pictorial map 18″×24″, shows how the
United States came into possession of the territory and how the states
developed from it—more history in easily understandable form than is
usual in a book.

Under the celebration plan, the supplying of these maps to school
students in a state is a function of the State Commissions for Northwest
Territory Celebration. Where the state commissions do not provide
these maps, they may be procured from the Federal Northwest Territory
Celebration Commission, Marietta, Ohio, at the following prices:

25 maps—50 cents postpaid

100 maps—$1.50 postpaid




                             HISTORY OF THE
                        ORDINANCE OF 1787 AND THE
                              OLD NORTHWEST
                                TERRITORY

                  (A Supplemental Text for School Use)

                            Prepared for the
               NORTHWEST TERRITORY CELEBRATION COMMISSION
       under the Direction of a Committee Representing the States
                       of the Northwest Territory:

                       Harlow Lindley, _Chairman_
                           Norris F. Schneider
                                   and
                             Milo M. Quaife

                The Federal Writers’ Project Cooperating

               Northwest Territory Celebration Commission
                             Marietta, Ohio
                                  1937

                        PRINTED IN U. S. A.—1937

  _This book is distributed free to the school and college teachers
  of Northwest Territory through the state departments of education
  of the various states. It is offered to all others, along with an
  18″×24″ cartographic map of Northwest Territory in full color and
  art copy of Ordinance of 1787, at ten cents per copy, postpaid
  (coin, no stamps) by_

               NORTHWEST TERRITORY CELEBRATION COMMISSION
                             Marietta, Ohio

  HOW TO MAKE A BEAUTIFUL HOME DECORATION OF THE CARTOGRAPHIC MAP
  OF NORTHWEST TERRITORY

  _The pictorial maps available are very popular for home
  decoration, especially when “antiqued.” Splendid wall pieces,
  lamp shades, wastebasket covers, etc., can be made from them.
  Similar pieces in the art stores sell at $1.00 to $5.00._

  INSTRUCTIONS FOR ANTIQUING

  _Stretch the map flat, using thumbtacks at its corners. With
  a soft brush apply two coats of orange shellac. Let each dry
  thoroughly. Other antique effects can be secured by the use of
  umber, burnt sienna, Vandyke brown, etc., ground in oil and
  thinned with turpentine. To mount the map on wallboard or other
  background, apply flour paste to back; let the paper stretch
  thoroughly; apply carefully and rub out all wrinkles._




CONTENTS


                                                        PAGE

  Introduction                                             6

  Foreword                                                 7

  CHAPTER   I—Pre-Ordinance Summary                        9

  CHAPTER  II—History of the Ordinance of 1787            16

  CHAPTER III—The First Settlement of the Northwest
                Territory under the Ordinance of 1787     30

  CHAPTER  IV—The Beginnings of Government                45

  CHAPTER   V—Growth of Settlements                       50

  CHAPTER  VI—Evolution of the Northwest Territory        66

  CHAPTER VII—Significance of the Ordinance of 1787       75

  Bibliography                                            85

  School Contests                                         91




INTRODUCTION


The Northwest Territory Celebration Commission, created by Congress to
design and execute plans for commemorating the passage of the Ordinance
of 1787 and the establishment of the Northwest Territory, takes pleasure
in presenting this brief outline of the history involved, to the public,
and particularly to the schools, whose students of today will be our
citizens almost before we realize it.

Through the study of the thinking and the deeds of ordinary American
people during the formative—usually called “critical”—period of our
nation’s history, even though not so exciting or colorful as were battles
and heroes, we may find some understanding of how this nation attained
greatness, and provide inspiration to our own and future generations.

Through the years vast amounts of material and substantiating evidence
have come to light, and as historians have been able to view this
formative period in perspective, it has assumed an ever-increasing
importance in the foundation upon which our civilization rests.

As yet, that accumulating recognition is largely scattered through a vast
number of specialized studies and books, as various authorities have
unearthed important and vital related facts.

And so this commission has asked the state historians of the states of
the Northwest Territory, with Dr. Harlow Lindley as chairman, and with
such acceptable assistance as they might secure, to digest the available
material into this brief but coordinated summary.

It is impracticable and unnecessary, for the purposes of this book, to
go into further original research. There is ample accurate material
now available for these pages, the prime purpose of which is to give a
fundamental knowledge to all whom it may reach, and to inspire a further
study by those so inclined, to the end that America may know why America
is, and what it really rests upon, and what may be our surest and
soundest path for progress to the continued betterment of mankind through
government.

               NORTHWEST TERRITORY CELEBRATION COMMISSION,

                                        GEORGE WHITE, _Chairman_
                                        E. M. HAWES, _Executive Director_




FOREWORD


This brief elementary textbook presenting the history of the Ordinance
of 1787 and the establishment of civil government in the old Northwest
Territory out of which was created later the states of Ohio, Indiana,
Illinois, Michigan, Wisconsin and part of Minnesota, has been prepared
at the suggestion of the Northwest Territory Celebration Commission for
supplementary study in the schools.

Under the instructions of the commission, and according to our own
concepts of the purposes of this book, it has seemed impossible to
attempt original research or study into less substantiated phases of the
history covered. Rather, it has been our purpose to digest in correlated
form, and briefly, the fund of material which already has been developed
by countless individual studies and writings.

This available material, although now generous in amount and amply
authenticated, requires some explanation. It is to be remembered that the
people of our early westward movement and, to a great extent, of all our
early history, were _makers_ of history, rather than _writers_ of it.
There were settled communities of individuals who summarized the more
humble events of life, even though these events might be more substantial
and indicative than colorful armies and battles.

Resultantly, research into this history of necessity has been largely
confined to the casual and incidental records of the time—letters,
diaries, the meager public records and scarce newspapers and
publications. This has so far resulted in many specialized studies which
are available. The need now is that these be brought together into a
correlated record of an epoch, which will fit itself into the fabric of
our national history.

Hence this book.

Attention is called to the bibliography, which is included as an aid
to further study. Even this list of published material is necessarily
abridged from the more complete bibliography which is available.

Some repetition is experienced in the text, as is likely with subjects
involving many ramifications and treated by different writers.

Those immediately in charge of this work have consulted with
representatives of various historical agencies and a number of prominent
educators in each of the states concerned.

Harlow Lindley, secretary, editor and librarian of the Ohio State
Archaeological and Historical Society, as chairman of the committee
appointed by the commission, has been responsible for collecting and
organizing the material. The executive director of the Northwest
Territory Celebration Commission prepared Chapter I and the latter part
of Chapter V. Mr. Norris F. Schneider of the Zanesville (Ohio) High
School, has written Chapter III. Dr. Milo M. Quaife, secretary and editor
of the Burton Historical Collection in the Detroit Public Library, not
only has represented the state of Michigan in making the plans for the
book, but also has contributed Chapter VII.

One unique feature of the project is the fact that most of the
illustrations are the work of students in the schools of the states which
evolved from the old Northwest Territory. These were made possible as a
result of an illustration contest sponsored by the commission.

The readers of this book are referred to the pictorial map of the
Northwest Territory issued by the Northwest Territory Celebration
Commission to which reference is made on page 4. This map tells the story
of the evolution of the old Northwest Territory and also contains a copy
of the Ordinance of 1787.

                                              HARLOW LINDLEY, _Chairman_.

Columbus, Ohio

July 1, 1937




CHAPTER I

PRE-ORDINANCE SUMMARY


While much of the history of the American colonies has been ably
presented in other school history texts, and it is not the province of
this book to rehearse it, there is reason for a brief summary which will
place in the mind of the reader the background for the events of which
this book treats.

It is not easy to value or even to understand the forces which were at
work in America unless we consider what _types of people_ were involved.
While most of the colonies were settled by Englishmen, this did not mean
that they were always congenial. The Puritans of New England, radical
in their beliefs and zealous in their doctrines, had little in common,
even while they were in England, with their fellow countrymen who settled
Virginia, the Carolinas, and Georgia. In between these discordant groups
were the Dutch of New York, the Swedes of Delaware, the Catholics of
Maryland, and the Quakers and Germans of Pennsylvania.

Beyond these national and social differences were the trends brought
about by their environments in this new land. The rocky and discouraging
soils of the northern colonies, even the climate itself, tended to widen
the gulf between these people and the pleasure-loving folk of the South,
with its broad fertile acres and mild climate. It was inevitable that
the New Englanders should turn to manufacture and trade, while the South
should remain agrarian, and equally inevitable that this should result in
jealousy and rivalry.

But a still more vital force was at work to encourage distrust and
dislike. People of that day took their religious beliefs very seriously.
Even those who fled from a state church could not escape the idea of
state and religion being inexorably related.

Although the Puritans of Massachusetts had fled England to gain
“religious freedom,” they might better have said to gain freedom for
their own sort of religion, for they were as intolerant of other
religious beliefs as had been the Church of England of theirs. Indeed,
Connecticut and Rhode Island were split off from the Massachusetts colony
because of religious disputes. The southern colonies, still clinging to
the state church of the mother country, were anathema to New England and
New England to them. With the Quakers in Pennsylvania, and the Catholics
in Maryland—and all zealous for their own religious contentions—the
tendency was even further from, rather than toward, the building of a
common nation.

And so, with diverse nationalities, religious and economic and moral
distinctions; with widely varying charters from the king and jealousies
between rival groups of European “owners,” we may well wonder that the
colonies got along together at all.

For a century and a half the population increased, and with it the
discordant feeling between at least many of the colonies. They had only
one thing in common—an increasing distrust of and rebellious spirit
toward the mother country and the king. This could result in the joining
of forces against a common and more powerful enemy. And so it did
finally. But in all this there had been no proposal for a new nation, or,
more particularly, for a new theory and plan of government. True enough,
there had been a convention called at Albany in 1754 for united effort
against the Indians, but the colonies were not strongly in favor of it,
and the king would not tolerate the union.

As lands along the coast became more occupied and therefore higher
priced, and the political uncertainties more acute, the more adventurous
colonists, perhaps irked by the restraint of individual freedom which any
government imposes, struck out for the wilderness westward.

[Illustration: MARQUETTE

_Drawn by Howard Petrey, Superior, Wisconsin_]

Also, because we are trying here to study what was in the minds of
men, _why_ they did this or that, it must be remembered that the world
was still looking for the Northwest Passage to Cathay. As late as the
outbreak of the Revolution, and even later, England was subsidizing
efforts to locate this short route to the fabled East. Thus the same urge
which had led Columbus to the discovery of America played a part in the
development of colonial plans.

From the seventeenth century onward, French missionaries and fur traders
had extended their explorations and their scattered posts, effecting
alliances with the Indians, and inciting violent resistance to English
and colonial approach. As late as 1749 Celoron led a considerable
expedition down the Ohio River, up the Great Miami and to the Lakes,
tacking notices on trees and planting leaden plates claiming possession
in the name of the king of France. This had an ominous meaning, in that
the French had done almost nothing in settling Ohio, whereas it was in
this very direction that English settlement pressed.

During this period, which culminated in the French and Indian War, the
colonies did not cooperate, although, as has already been said, the need
for united effort was first publicly urged at the Albany convention.
After the French and Indian war was over, and the title to the Northwest
had been ceded to England, she herself became suspicious of westward
American settlement, and forbade it, even to the extent of giving to the
province of Quebec the lands she had previously given to the American
colonies.

The rugged and fearless individualists who were most likely to settle
the West were the least inclined to conform to stabilized government,
especially if that government were objectionable in any of its phases.
And, removed beyond the Alleghany Mountains, they would be beyond hope
of subjection. Those who had already migrated to the West asked nothing
from the colonies except help in defense against the Indians—and of
this received very little. They were free men—perhaps the freest of any
considerable group of individuals in ages of history. Ahead of them lay
a wide continent, blessed with God’s bounties, and, as law and restraint
caught up with them, all that was necessary was to move farther westward
to seemingly endless lands and natural resources—and freedom.

[Illustration: ROBERT CAVALIER DE LA SALLE

_Drawn by Marie Kellogg, Superior, Wisconsin_]

In 1776 Virginia, in the fervor of her revolt, did give indication of the
trend of her people’s feelings through her “Bill of Rights,” and this
undoubtedly expressed the long restrained but culminating American idea.
When revolt mounted to the utterance of the Declaration of Independence,
that great document set forth in fervid terms the general principles
of the rights of man. But there was nothing discernible in it as to
what specific form or type of government should make those principles
effective.

The Articles of Confederation, which immediately followed, were but the
forced cooperation of the colonies for defensive purposes.

The soldiers, realizing fully that they probably never would be paid
in sound money, with their own meager fortunes ruined by their years
of struggle, and disgusted with the politics, the compromises, and
ineffectiveness of the Continental Congress, turned to the idea of
western lands. At least, their almost worthless pay certificates could be
used in buying land from the government which had issued such money. In
these far-off wildernesses they would find the freedom they craved and
escape from the seeming ineffectiveness of government under the Articles
of Confederation.

Congress had actually voted at the very beginning of the war, and long
before the nation owned a square foot of these lands, to give western
lands as bounties for military service. The separate colonies, especially
Virginia, had given such bounties for service in the earlier wars against
Indians and French. Washington had made a trip to the Ohio country in
1770 to select such bounty lands, and had been so impressed that he chose
some 40,000 acres of his own. As hero of the troops, and the greatest
single factor in preventing their mutinies, it seems certain that his
enthusiasm for these lands heightened that of the soldiers.

Washington, too, saw that a western frontier peopled by veterans whose
earnestness of purpose and abilities could not be questioned, would form
the safest bulwark against attack by the Indians, or by the British—who
if they gave up title at all, would do so unwillingly and with tongues in
their cheeks. But, as yet, there was no determination, or even clearly
defined suggestion as to the form of government which would apply to the
United States. The Articles of Confederation were unwieldy, undependable,
and, if anything, were working against the idea of representative
government.

In 1783, while the troops were in camp awaiting the signing of the Treaty
of Paris, and on the verge of being discharged to go to—they knew not
what—with no money, and with the rebuilding of their worlds yet before
them, they expressed in writing their hopes and aspirations for their own
and America’s future.

This humble document, recorded by Timothy Pickering as scribe, and signed
by 283 leaders of the men, set forth not only their desire for lands
in the West, but for certain principles of government as fundamental
to their hopes, ambitions and plans. This plan became known to history
variously as the Pickering Plan, the Newburgh Petition, and the Army Plan.

Essentially, it was the innermost determination of ordinary Americans
who had proved their sincerity of purpose. It was probably the first
crystallized expression from the men who had fought to establish the new
nation as to what its tenets of government should be. A study of this
document will disclose a striking similarity to the Ordinance of 1787,
when we get to that point in our history.

We must now go back to another phase of the nation’s development, which
was altogether human, and which is with us today. This was the element
of hope for riches and private profit. In those days it was specifically
called “land hunger.”

All of the earliest westward colonization schemes for America were what
we might call “land grabbing schemes” of various merits. To discourage
this tendency many plans were evolved for the development of the West.
From about 1750 one plan followed another in rapid succession. Each
was an improvement over the one preceding it. One is particularly
significant—that of Peletiah Webster who proposed the surveying into
townships of the lands adjoining the colonies—now states—on the west,
and their sale _in small lots only_, and _one range at a time to the
westward_. This would have established a strong and well-settled
frontier, without large speculative holdings, and would have conserved
for orderly growth the great untold areas of the West.

[Illustration: GEORGE ROGERS CLARK WADING SWAMPS WITH TROOPS

_Drawn by Merle June Dehls, Vincennes, Ind._]

After the Revolutionary War was over, the United States had only in
effect a quitclaim deed from England to the lands north and west of the
Ohio.

But the colonies now asserted their individual claims more vociferously
than ever. There were now 13 states, in effect different and independent
nations, each with a desire for expansion westward. Virginia had, of
her own volition, sent George Rogers Clark into the West during the
Revolution to drive the British from what were ostensibly her lands in
the Illinois country. Clark had done a superb job—and claims are made
that he not only acquired these lands by conquest for Virginia, but
destroyed the budding Indian conspiracy that the British under Henry
Hamilton were fomenting, and which, by attack from the rear, would have
destroyed the entire American cause.

Connecticut and Massachusetts refurbished their charter claims and New
York, through its treaty with the Iroquois Indians, made indeterminate
but extensive demands to the territory.

And, lastly, there were the undeniable rights of the Indians to be
acquired by purchase or by conquest.

Under pressure of states whose colonial charter boundaries had been more
restricted, principally Maryland, the states with wide-flung claims
were urged to cede all their western lands to the nation at large. The
contention was that these lands had been won from the British by common
effort and should therefore be common property. Here, at last, was a
definite indication that development was to be toward one nation, rather
than an alliance of 13 smaller independent governments. How strong this
point really was is not certain, however, for one of the great objectives
was to lessen the common debt, and thus relieve each of the states of its
obligations.

However, the unified nation movement was gaining strength. Intermingling
of men in the army, common purposes in defense, and now, property held in
common were breaking down the old animosities.

[Illustration: GEORGE ROGERS CLARK

_Drawn by Sam Delaney, Marietta, Ohio_]

New York took the lead in ceding her claims in 1780. Virginia, richest,
most populous and with best substantiated claims, followed in 1784. This
was immediately followed by the Ordinance of 1784, the first plan to be
evolved for the West, that made _any_ reference to the principles of
government. This ordinance, although passed by Congress, never became
effective because it made no provisions for acquisition or ownership of
land, and, in fact, there still remained the necessity of Massachusetts
and Connecticut cessions and the acquisition of title from the Indians.
Massachusetts and Connecticut finally ceded their rights, but there
still were no clearly indicative signs of what American principles of
government were to become, beyond a broader right of franchise.

Later, Congress passed the Ordinance of 1785—commonly called the “Land
Ordinance.” This did provide for the survey and sale of lands. It
contained some of the proposals of wise old Peletiah Webster, made years
before, for township surveys, sale by succeeding western ranges, and in
plots small enough to prevent large speculation. But it said nothing
about laws to go with the land, and it, too, became largely ineffective
in its purpose.

And so was enacted the Ordinance of 1787 with all its portent for
government built primarily for man, rather than man for government.

As the ordinance was passed by the Continental Congress sitting in
New York, the Constitutional Convention was sitting in session at
Philadelphia. Two months later the United States Constitution was adopted
by that convention and submitted to the states for ratification. In that
great document as submitted to the states there were no provisions for
these rights of men.

But the people of the United States were not at all indefinite as
to their wishes and interests. Only by assurance that the bill of
rights would be included was it possible to obtain ratification of the
Constitution.

The Ordinance of 1787 was now in effect. America had started westward
under a law of highest hope and modern ideals.

[Illustration: INDIAN TREATY

_Drawn by William R. Willison, Marietta, Ohio_]

Most of the humanitarian provisions of the Ordinance of 1787 became part
of the United States Constitution in the first amendments made four years
later—1791—and one of the greatest found its way into our organic law 78
years afterward, when slavery was abolished by the thirteenth amendment.

This is not, however, the whole story of the Ordinance of 1787 and “How
this Nation?” As Abraham Lincoln later said,

“The Ordinance of 1787 was constantly looked to whenever a new Territory
was to become a State. Congress always traced their course by that
Ordinance.”

Every state constitution subsequently adopted as the nation marched
across the continent to the Pacific Ocean reflected the influence of that
great ordinance. Thus, the concepts of Americans, which perhaps were
planted with the first colonists but which bore fruit in the Ordinance of
1787, determined the most cherished fundamentals of this nation today.




CHAPTER II

HISTORY OF THE ORDINANCE OF 1787


A century and a half ago, on the thirteenth day of July, 1787, the
Congress of the United States, in session at New York, among its last
acts under the Articles of Confederation, enacted an ordinance for the
government of the territory of the United States northwest of the Ohio
River. We know of no legislative enactment, proposed and accomplished
in any country, in any age, by monarch, by representatives, or by the
peoples themselves, that has received praise so exalted, and at the same
time so richly deserved, as has this same Ordinance of 1787.

It has been lauded by our great statesmen, great jurists, great orators,
and great educators.

In his notable speech in reply to Robert Young Hayne, delivered in the
United States Senate in January, 1830, Daniel Webster said of it:

“We are accustomed to praise the law-givers of antiquity; we help to
perpetuate the fame of Solon and Lycurgus; but I doubt whether one single
law of any law-giver, ancient or modern, has produced effects of more
distinct, marked, and lasting character than the Ordinance of 1787. We
see its consequences at this moment, and we shall never cease to see
them, perhaps, while the Ohio shall flow.”

Judge Timothy Walker, in an address delivered in 1837 at Cincinnati,
spoke upon this subject in the following words:

“Upon the surpassing excellence of this ordinance no language of
panegyric would be extravagant. It approaches as nearly to absolute
perfection as anything to be found in the legislation of mankind; for
after the experience of fifty years, it would perhaps be impossible
to alter without marring it. In short, it is one of those matchless
specimens of sagacious forecast which even the reckless spirit of
innovation would not venture to assail. The emigrant knew beforehand that
this was a land of the highest political, as well as national, promise,
and, under the auspices of another Moses, he journeyed with confidence to
his new Canaan.”

Chief Justice Salmon P. Chase said of it:

“Never, probably, in the history of the world, did a measure of
legislation so accurately fulfill, and yet so mightily exceed, the
anticipations of the legislators. The Ordinance has well been described
as having been a pillar of cloud by day and of fire by night in the
settlement and government of the Northwestern States.”

Peter Force, in 1847, in tracing its history, declared:

“It has been distinguished as one of the greatest monuments of civil
jurisprudence.”

George V. N. Lothrop, LL.D., in an address delivered at the annual
commencement of the University of Michigan, June 27, 1878, said
substantially:

“In advance of the coming millions, it had, as it were, shaped the
earth and the heavens of the sleeping empire. The Great Charter of the
Northwest had consecrated it irrevocably to human freedom, to religion,
learning, and free thought. This one act is the most dominant one in
our whole history, since the landing of the Pilgrims. It is the act
that became decisive in the Great Rebellion. Without it, so far as
human judgment can discover, the victory of free labor would have been
impossible.”

Notwithstanding the high praises that have been bestowed upon the
ordinance, and the many and great benefits that have flowed from it, its
authorship was, for nearly a century, a matter of dispute. No less than
four different persons have had claims to authorship advanced for them by
their friends.

Who, if any one man, was primarily the author of the ordinance, is
uncertain, and now of little moment. The long contention which was waged
as to its authorship serves its greatest purpose in emphasizing the
importance which was then and has since been attributed to the document.

Because of the geographic implications later involved it is worth while,
however, to consider briefly the various assertions of authorship.

Webster, in his famous two-day speech in reply to Hayne, gives to Nathan
Dane, of Massachusetts, the entire credit for devising the ordinance, and
such was the confidence in Webster’s statement, that many writers since
have accepted it as a demonstrated fact.

Thomas H. Benton, in the debate following Webster’s speech, replied:

“He [Webster] has brought before us a certain Nathan Dane, of Beverly,
Mass., and loaded him with such an exuberance of blushing honors as no
modern name has been known to merit or claim. So much glory was caused
by a single act, and that act the supposed authorship of the Ordinance
of 1787, and especially the clause in it which prohibits slavery and
involuntary servitude. So much encomium and such greatful consequences it
seems a pity to spoil, but spoilt it must be; for Mr. Dane was no more
the author of that Ordinance, sir, than you or I.... That Ordinance, and
especially the non-slavery clause, was not the work of Nathan Dane of
Massachusetts, but of Thomas Jefferson of Virginia.”

Charles King, president of Columbia College, in 1855 published a paper on
the Northwest Territory in which he claimed for his father, Rufus King,
the authorship of the non-slavery clause.

Ex-Governor Edward Coles, in a paper on the “History of the Ordinance of
1787,” prepared for the Pennsylvania Historical Society in 1850, disputed
Webster’s claim for Dane, and asserted the claim of Thomas Jefferson.

Force undertook to gather from the archives of Congress materials for
a complete history of this document, but he found nothing that settled
the question of authorship; and although he probably knew more of the
original documents pertaining to the Northwest Territory than any other
man since its adoption, he died in ignorance of the real author.

Hon. R. W. Thompson, in an eloquent address on “Education,” ascribed the
ordinance to the wise statesmanship and the unselfish and far-reaching
patriotism of Jefferson.

Lothrop, in his Ann Arbor address in 1878, on “Education as a Public
Duty,” said:

“It was a graduate of Harvard, who, in 1787, when framing the Great
Charter for the Northwest, had consecrated it irrevocably to Human
Freedom, to Religion, Learning, and Free Thought. It was the proud boast
of Themistocles, that he knew how to make of a small city a great state.
Greater than his was the wisdom and prescience of Nathan Dane, who knew
how to take pledges of the future, and to snatch from the wilderness an
inviolable Republic of Free Labor and Free Thought.”

In 1876, a year in which many buried historical facts were unearthed,
William Frederick Poole, in an admirable article published in the
_North American Review_, presented the history of the Ordinance in a
most scholarly manner. But discarding the absoluteness of the claims
heretofore set forth, he presents, as the chief actor in this mysterious
drama, Dr. Manasseh Cutler, of Massachusetts.

Following, in a general way, the line of argument laid down by Poole,
it is interesting to examine the foregoing claims in the light of the
known facts. In January, 1781, Thomas Jefferson, then Governor of
Virginia, acting under instructions from his state, ceded to the general
government Virginia’s claims to that magnificent tract of country known
as the Northwest Territory, which had been acquired by Virginia by
king’s charter and also as a result of its conquest by George Rogers
Clark in 1778-79. The Virginia cession, regarded as the most crucial
of the necessary relinquishments of state claims, was not completed in
form satisfactory to the United States until 1784. On the first of March
of the same year Jefferson, then a member of Congress and chairman of
a committee appointed for the purpose, presented an ordinance for the
government of all the territory lying westward of the 13 original states
to the Mississippi River. There were two notable features in this paper;
first, it provided for the exclusion of slavery and involuntary servitude
_after the year 1800_; second, it provided for _Articles of Compact_,
the non-slavery clause being one of them. By this provision there were
five articles that could never be set aside without the consent of both
Congress and the people of the territory. The non-slavery article was
rejected by Congress, and the rest was adopted with some unimportant
modifications, on the twenty-third of April, 1784. Whether even this
ordinance was actually drafted by Jefferson is disputed, because it
was an almost identical copy of the plan submitted by David Howell of
Rhode Island in the previous year. However, on the tenth of May, 17 days
after the Ordinance of 1784 was adopted, Jefferson resigned his seat in
Congress to assume the duties of United States Minister to France. As the
Ordinance of 1787 was not adopted until three years after Jefferson had
gone to France, and since he did not return until December, 1789, more
than two years after its passage, there is serious question as to his
possible influence upon it.

Moreover, careful comparison of the Ordinance of 1784 with that of 1787,
shows no similarity, except in the two points referred to above: the
anti-slavery provision, and the articles of compact. The Ordinance of
1784 contains none of those broad provisions found in the later document
concerning religious freedom, fostering of education, equal distribution
of estates of intestates, the privilege of the writ of habeas corpus,
trial by jury, moderation in fines and punishments, the taking of private
property for public use, and interference by law with the obligation of
private contracts. No provision was made for distribution or sale of
lands, and under this Ordinance of 1784 no settlements were ever made in
the territory.

[Illustration: MANASSEH CUTLER

_Drawn by Marie Kellogg, Superior, Wisconsin_]

In 1785, on motion of Rufus King, an attempt was made to re-insert
some sort of anti-slavery provision, but it was not carried. This, so
far as we can learn, is the extent of the grounds for King’s claims to
authorship.

In March, 1786, a report on the western territory was made by the grand
committee of the House, which, proving unsatisfactory, resulted in
the appointment of a new committee. It reported an ordinance that was
recommitted and discussed at intervals until September of the same year,
when another committee was appointed. Of this, Dane was a member. A
report was made which was under discussion for several months. In April,
1787, this same committee reported another ordinance which passed its
first and second readings, and the tenth of May was set for its third
reading, but for some reason final action was postponed. This paper came
down to the ninth of July without further change. Poole has given us the
full text as it appeared only four days before the final passage of the
great ordinance. This bears less likeness to the finally adopted version
than does the Ordinance of 1784.

Force, in gathering up the old papers, found this July 9 version in
its crude and unstatesmanlike condition, and wondered how such radical
changes could have been so suddenly effected; for in the brief space of
four days the new ordinance was drafted, passed its three readings, was
put upon its final passage, and was adopted by the unanimous vote of all
the states present.

This rapid and fundamental change in the ordinance tends to discredit all
of the foregoing claims.

Authorship of public documents which attain greatness is usually a matter
for later dispute.

Such documents have probably never been the work of any one author, but
are rather the coordinated expressions of thought which have developed
over long periods of time and in many men’s minds. Least of all entitled
to credit is the “Scribe” who merely recorded the thought propounded by
others, but whose name often becomes associated with the document.

At the close of the Revolutionary War, Congress, in adjusting the
claims of officers and soldiers, gave them interest-bearing continental
certificates. The United States Treasury was in a state of such depletion
and uncertainty, that these certificates were actually worth only
about one-sixth of their face value. At the close of the war many of
these officers were destitute, notwithstanding the fact that they held
thousands of dollars in these depreciated “promissory notes” of the
government.

On the eve of the disbandment of the army in 1783, 288 officers
petitioned Congress for a grant of land in the western territory. Their
petition went beyond a request for lands, however, and set forth certain
provisions of government as essential to their petition. In this humble
and little-known document known variously as the “Pickering” or “Army”
Plan, were contained many of the proposals which later found their way
into the Ordinance of 1787. Included for instance was the then radical
prohibition of slavery clause. This document bears a closer resemblance
in principles and in wording, to the Ordinance of 1787 when it was
adopted than does any other contemporary document. Among the petitioners
was General Rufus Putnam. It was his plan, if Congress should comply
with the petition, to form a colony and remove to the Ohio Valley.
On the sixteenth of June, 1783, Putnam addressed a letter to General
George Washington elaborating the soldiers’ plan and setting forth the
advantages that would arise if Congress should grant the petition, and
urged him to use his influence to secure favorable action upon it. This
letter is of great interest in the development of the history of the
Northwest. It is printed in full in Charles M. Walker’s _History of
Athens County, Ohio_, pp. 30-36.

The chief advantages of this project, as set forth by Putnam were,
the friendship of the Indians, secured through traffic with them; the
protection of the frontier; the promotion of land sales to other than
soldiers, thus aiding the treasury; and the prevention of the return of
said territory to any European power. There were, in the letter, other
suggestions of far-reaching interest; (1) That the territory should
be surveyed into six-mile townships, one of the first suggestions for
our present admirable system of government surveys; (2) that in the
proposed grant, a portion of land should be set apart for the support of
the ministry; and (3) that another portion should be reserved for the
maintenance of free schools.

One year later Washington wrote to Putnam that, although he had urged
upon Congress the necessity and the duty of complying with the petition,
no action had been taken. The failure of this plan led to the development
of another and better one. It is interesting to note, however, that the
men under whose sponsorship and virtual insistence the Ordinance of 1787
was finally evolved had been subscribers to the Pickering Plan of 1783.

In 1785, Congress adopted the system of surveys suggested by Putnam, and
tendered him the office of Government Surveyor. He declined, but through
his influence, his friend and fellow-soldier, General Benjamin Tupper,
was appointed. In the fall of 1785, and again in 1786, Tupper visited the
territory and in the latter year he completed the survey of the “seven
ranges” in eastern Ohio. In the winter of 1785-86 he held a conference
with Putnam at the home of the latter, in Rutland, Massachusetts. Here
they talked over the beauty and value of “the Ohio country” and devised
a new plan for “filling it with inhabitants.” They issued a call to all
officers, soldiers, and others, “who desire to become adventurers in that
delightful region” to meet in convention for the purpose of organizing
“an association by the name of _The Ohio Company of Associates_.” The
term “Ohio” as used here related to the “Ohio country” or the “Territory
north and west of the River Ohio,” as the present state of Ohio was then
of course non-existent.

Also the name, “Ohio Company of Associates,” is not to be confused with
the earlier “Ohio Company” of the 1750’s which had been one of the
earlier land schemes, operating south of the Ohio River. No man in the
“Ohio Company of Associates” had been a part of the former Ohio Company,
and there was no relation between the two companies.

Delegates from various New England counties met at Boston, March 1, 1786.
A committee, consisting of Putnam, Cutler, Colonel John Brooks, Major
Winthrop Sargent, and Captain Thomas H. Cushing was appointed to draft a
plan of association. Two days later they made a report, some of the most
important points of which were: (1) That a stock company should be formed
with a capital of one million dollars of the Continental Certificates
already mentioned; (2) that this fund should be devoted to the purchase
of lands northwest of the River Ohio; (3) that each share should consist
of one thousand dollars of certificates, and ten dollars of gold or
silver to be used in defraying expenses; (4) that directors and agents be
appointed to carry out the purposes of the company.

Subscription books were opened at different places, and at the end of
the year, a sufficient number of shares had been subscribed to justify
further proceedings. On the eighth of March, 1787, another meeting was
held in Boston, and General Samuel Holden Parsons, Putnam, Cutler and
General James M. Varnum were appointed directors, and were ordered to
make proposals to Congress for the purchase of lands in accordance with
the plans of the company. Later, the directors employed Cutler to act as
their agent and make a contract with Congress for a body of land in the
“Great Western Territory of the Union.”

To those who have studied this transaction of the Ohio Company of
Associates in its various bearings, there can be no doubt that through it
the Ordinance of 1787 came to be. The two were intimately related parts
of one whole. Either studied alone presents inexplicable difficulties;
studied together each explains the other. Through the agency of Cutler
the purchase of land was effected and those radical changes in the
ordinance were made between the ninth and thirteenth of July, 1787.

Cutler was born at Killingly, Connecticut, May 3, 1742. At the age of
twenty-three he graduated from Yale. The two years following were devoted
to the whaling business and to storekeeping at Edgartown, on Martha’s
Vineyard. He did not enjoy this occupation, however, and studied law
in his spare time. In 1767 he was admitted to the Massachusetts bar.
This profession proved little more congenial, and he determined to
study theology. In 1771 he was ordained at Ipswich, where he continued
preaching until the outbreak of the Revolution, when he entered the army
as a chaplain. In one engagement he took such an active and gallant part
that the colonel of his regiment presented him with a fine horse captured
from the enemy. Cutler returned to his parish before the war closed and
decided to study medicine. He received his M.D. degree, and for several
years served in the double capacity of minister and doctor. He was now
a graduate in all the so-called learned professions—law, divinity, and
medicine. In scientific pursuits he was probably the equal of any man
in America, excepting Benjamin Franklin, and perhaps Benjamin Rush. He
was a member of the American Academy of Arts and Sciences, and several
other learned bodies. Two years before his journey to New York, he had
published four articles in the memoirs of the American Academy, dealing
with astronomy, meteorology and botany. The last mentioned was the first
attempt made by any one to describe scientifically the plants of New
England. Employing the Linnaean system, he classified 350 species of
plants found in his neighborhood. His articles brought him prominence
among learned groups throughout the country, and secured for him a
cordial welcome into the literary and scientific circles of New York
and Philadelphia. Cutler was well fitted, therefore, to become, as has
already been related, a leading spirit in the enterprise of the Ohio
Company. In 1795 Washington offered him the judgeship of the Supreme
Court of the Northwest Territory, which he declined. He became a member
of the Massachusetts Legislature, and from 1800 to 1804 served his
district as its Representative in Congress. He declined re-election and
returned to his pastorate. At the time of his death in 1820 he had served
there for nearly 50 years.

He was a man of commanding presence, “stately and elegant in
form, courtly in manners, and at the same time easy, affable, and
communicative. He was given to relating anecdotes and making himself
agreeable.” His character, attainments, manners and knowledge of men
fitted him admirably for the task of uniting the diverse elements of
Congress to promote the scheme he was sent there to represent. How he
accomplished this is an interesting story.

Cutler’s diary reveals that he left his home in Ipswich, 25 miles
northwest of Boston, on Sunday, June 24, 1787. He preached that day in
Lynn, and spent the night at Cambridge. He also stopped at Middletown to
confer with Parsons. Here the plan of operations was perfected, and he
pursued his journey, arriving at New York on the afternoon of July 5,
1787. He had armed himself with about 50 letters of introduction. One of
these he delivered immediately to a well-to-do merchant of the city, who
received him very cordially and insisted that Cutler stay with him as
long as he remained in the city.

The next morning Cutler was on the floor of Congress early, presenting
letters of introduction to the members. He was particularly anxious to
become acquainted with southern men, and they received him with much
warmth and politeness. He was so genteel in his manners, and so much more
like a southerner than a New England clergyman, that they took a fancy to
him at once.

During the morning he prepared his applications to Congress for the
proposed purchase of western land for the Ohio Company. He was introduced
to the House by Colonel Edward Carrington, after which he delivered his
petition, and proposed terms of the purchase. A committee was appointed
to discuss terms of negotiation.

It must be remembered that Cutler was employed not only to make a
purchase of land, but to see that the frame of government for the
territory was acceptable to his constituents. Thus he had a motive in
making himself agreeable to the southern men. Among the New England
members there existed some antagonism toward the Ohio Company’s scheme,
since its success would cause many enterprising citizens to leave that
section. Massachusetts had a large tract of land in Maine, and she
desired to turn the tide of emigration in that direction; for this reason
Massachusetts members stood in the way of the western movement. Cutler
felt, however, that their support of the company’s scheme might be relied
upon when brought to a test.

Cutler was invited to dinners and teas, where his engaging manner
made him the center of attraction. He used every occasion as a means
of setting before the members the great advantages that would follow
consummation of the proposed plan.

In the first place, Congress could thus pay a large amount of the
national debt to its most worthy creditors without money. Again, it
would open up the Northwest to settlement, thus insuring large sales of
land to civilians. Further, it would establish a barrier between older
settlements and the western Indians, thus furnishing protection without
expense to the government.

In three or four days he had so fully succeeded in enlisting the favor
of Congress that by July 9 a new committee was appointed to prepare a
frame of government for the territory. It was at this point that the
ordinance under consideration bore so little resemblance to the final
document which was adopted four days later. This committee was composed
of Carrington, Nathan Dane of Massachusetts, Richard Henry Lee and two
others. It is quite probable that the members of this committee were
selected in accordance with Cutler’s wishes.

The next morning after the committee was appointed, it called Cutler into
its councils, having previously sent him a copy of the ordinance, which
had already passed two readings. He was asked to make suggestions and
propose amendments, which he did, returning the paper to the committee
with his suggestions.

On July 10, he left for Philadelphia to visit his scientific
correspondents, Franklin and Rush, and also to look in upon the
Constitutional Convention, which was then in session.

The day following his departure, the committee presented to Congress a
new ordinance prepared in accordance with Cutler’s suggestions. If Force
could have had access to Cutler’s diary in writing up the history of
the Ordinance of 1787, the mystery of the radical changes that he found
between the ninth and the eleventh of July would have been solved.

On the eighteenth Cutler was again in New York. On the nineteenth he made
this entry in his diary:

“Called on members of Congress very early in the morning, and was
furnished with the ordinance establishing a government in the western
Federal territory. It is, in a degree, new modeled. The amendments I
proposed have all been made except one, and that is better qualified.”

The frame of government having been satisfactorily settled, Congress
proceeded to state the conditions on which the sale of lands should be
based. On the twentieth these terms were shown to Cutler, who rejected
them. He said:

“I informed the committee that I should not contract on the terms
proposed; that I should greatly prefer purchasing lands from some of the
states, who would give incomparably better terms; and therefore proposed
to leave the city immediately.”

Thus it appears quite certain that the distinctive flavor of the
ordinance and the provisions which have given it greatness among all the
credos of mankind were injected into it after July 9, and after Cutler
had been requested to make suggestions and amendments.

But that these vital changes were not original with Cutler is evidenced
by his later statement, “I only represented my principals, who would
accept nothing less.”

And so the real responsibility for authorship of the ordinance may be
traced to the men at the Bunch of Grapes Tavern, to the signers of the
Pickering Plan, to the sober-minded and unsung men who had fought and
thought a new nation into potential greatness.

At this time a number of other leading persons who held government
certificates proposed to make Cutler their agent for the purchase of
lands for themselves. This would give him control of some four millions
more of the debt with which to influence Congress. He agreed to act for
them, on the condition that the affair be conducted secretly. The next
day several members called on him. They found him unwilling to accept
their conditions, and proposing to leave immediately. They assured him
that Congress was disposed to give him better terms. He appeared very
indifferent, and they became more and more anxious. His ruse was working
admirably. He finally told them that if Congress would accede to his
terms, he would extend his proposed purchase. In this way, Congress could
pay more than four millions of the public debt. He explained that the
intention of his company was an immediate settlement by the most robust
and industrious people in America, which would instantly enhance the
value of federal lands. He proposed to renew the negotiations on his own
terms, if Congress was so disposed.

On the twenty-fourth he wrote out his terms and sent them to the Board of
Treasury, which had been empowered to complete the contract. These terms
specified that the general government should survey the tract at its
expense, stated the method of payment, number of payments, and the time
at which the deed should be given. The most striking provisions of the
contract set apart the sixteenth section of each township for the support
of free schools, the twenty-ninth section of each township for the
ministry; and two entire townships for the establishment and maintenance
of a university.

These terms called forth much opposition, and taxed Cutler’s lobbying
powers to their utmost. He said:

“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.

However, after the Constitution was submitted to the states for
ratification it quickly became apparent that the people were determined
upon specific provision for the rights of men in their fundamental
law, and while ratification of the Constitution by nine states was
accomplished in 1789, it was only possible by assurance that such
provisions would be immediately added as amendments.

In some form, every one of the states admitted from the Northwest
Territory later embodied similar provisions in their fundamental law. The
adoption or rejection of these principles was not left to the discretion
of the states; being “Articles of Compact,” they could not be discarded
without the consent of Congress.

The sixth article of this compact prohibited slavery forever, within
the bounds of the Northwest Territory. But for this form of compact in
the ordinance, it is perhaps possible that Indiana and Illinois would
have entered the Union as slave states. In 1802 General William Henry
Harrison, then Governor of Indiana Territory, called a convention of
delegates to consider the means by which slavery could be introduced into
the territory, and he himself presided over its deliberations. In the
language of Poole,

“The Convention voted to give its consent to the suspension of the sixth
article of the compact, and to memorialize Congress for its consent to
the same. The memorial laid before Congress stated that the suspension
of the sixth article would be highly ‘advantageous to the Territory’
and ‘would meet with the approbation of at least nine-tenths of the
good citizens of the same.’ The subject was referred to a committee of
which John Randolph of Virginia was chairman, who reported adversely
as follows: ‘That the rapidly increasing population of the State of
Ohio evinces in the opinion of your committee, that the labor of slaves
is not necessary to promote the growth and settlement of colonies in
that region. That this labor, demonstrably the dearest of any, can only
be employed to advantage in the cultivation of products more valuable
than any known in that quarter of the United States; that the committee
deem it highly dangerous and inexpedient to impair a provision wisely
calculated to promote the happiness and prosperity of the northwestern
country, and to give strength and security to that extensive frontier. In
the salutary operation of this sagacious and salutary restraint, it is
believed that the inhabitants of the Territory will, at no very distant
day, find ample remuneration for a temporary privation of labor and of
emigration.’”

When Ohio was admitted to the Union, the advocates of slavery made
strenuous efforts to secure its introduction, but were defeated. Indiana
and Illinois territories later asked that the anti-slavery provision be
set aside. More than one committee reported in favor of repealing it, but
Congress firmly maintained the compact.

The enlightened provisions of the ordinance attracted the thrifty
Yankee from New England, the enterprising Dutchman from Pennsylvania,
the conscientious Quaker from Carolina and Virginia, and some of
the sturdiest pioneer stock from the frontier of Kentucky. Even the
light-hearted French contributed to this great melting pot.

Some historians refer to the spirit of the Northwest Territory as the
“first American civilization,” brought about by welding into a national
entity the diverse and imported civilizations of the earlier colonies.

[Illustration: Northwest Territory

_The FIRST COLONY of the UNITED STATES_]

It is at least an interesting speculation as to whether the newly
born United States would have prevailed as one nation, except for
the opportunity given by the Northwest Territory with its new lands,
common problems, and forward looking government for this merging of the
older states’ discordant traditional concepts of government and social
relations.

Comparison of the social, industrial, and educational conditions in the
states of the Old Northwest with those in neighboring states not born
under the influence of the ordinance creates further evidence of the
value of the principles enunciated by the ordinance.

If, in 1861, the principles and institutions of Kentucky and Missouri,
instead of those of the Ordinance of 1787, had prevailed in the five
states formed from the Northwest Territory, it would have required no
seer to predict another end for the great struggle between the states. As
Lothrop says, “It [the Ordinance of 1787] is the act that became decisive
in the Great Rebellion. Without it so far as human judgment can discover,
the victory of Free Labor would have been impossible.”

While it is not claimed that the ordinance was the source of all the
blessings that have crowned these states, still it is certain that it
was the germ from which many of them have been developed. Neither is it
claimed that all the ills of the Southern States arose from the absence
of similar provisions; however, their presence and influence on the one
hand, and their absence on the other, tended to widen the gulf between
North and South and, when the final struggle came, had a determining
influence on the result.




CHAPTER III

THE FIRST SETTLEMENT IN THE NORTHWEST TERRITORY UNDER THE ORDINANCE OF
1787


When George Washington said farewell to his officers at the end of the
Revolutionary War, he gave them this admonition:

“The extensive and fertile regions of the West will yield a most happy
asylum to those who, fond of domestic enjoyment, are seeking for personal
independence.”

While Washington did not become a shareholder in the Ohio Company of
Associates, several circumstances give evidence as to his having been
active in its planning.

Having personally visited the Ohio country in 1770 for the purpose of
studying and selecting lands, his selection of some 40,000 acres in
Virginia and Ohio for himself; and the comments in his journal of the
trip give ample evidence of his enthusiasm for this part of the West.
His repeated statement during the Revolution that in case of failure to
achieve independence the troops should “retire to the Ohio Country and
there be free”; his long and earnest efforts to open up routes to the
West by canal and by road; his great friendship and admiration for Rufus
Putnam; and his later decisive steps in sending Anthony Wayne to put a
final end to the question of Indian land titles and warfare; all these
indicate far more than a casual interest in the plans for and success of
this first western colony.

Washington had himself earlier attempted to establish a colony on the
Great Kanawha River south of the present town of Point Pleasant, West
Virginia. We can readily imagine that he may have deliberately refrained
from becoming an Ohio Company Associate because of the implications of
personal interest which might follow. But when, on April 7, 1788, a
group of his former officers made the first settlement in the Northwest
Territory, at Marietta, Washington exclaimed:

“No colony in America was ever settled under such favorable auspices as
that which has just commenced on the banks of the Muskingum. Information,
property, and strength will be its characteristics. I know many of the
settlers personally, and there never were men better calculated to
promote the welfare of such a community.”

The founders of Marietta settled in the West to regain the fortunes
they had lost in the Revolution. Some of them earned nothing from their
professions during the eight years of the war. They received little or no
pay for their military services, because Congress had no power to raise
money by levying taxes. Finally, they were paid with certificates issued
by the Continental Congress. Because these notes were worth only about
twelve cents on the dollar the expression, “not worth a Continental,”
became a by-word. In desperation the officers looked to the public land
of the West with its fertility, timber, fur, and game as a place to find
the necessities of life. They were not speculators; they were pioneers in
search of homes for themselves and their children.

Several unsuccessful attempts had been made by the soldiers to secure
land in the West before Congress finally granted them a place to settle.
As early as September, 1776, Congress tried to encourage enlistment by
offering bounties of land—five hundred acres to a colonel, 100 acres to
a private, and other ranks in proportion. At the time this offer was
made, the government owned no public land, nor did it until the winning
of the Northwest by George Rogers Clark, the cession of land claims by
the states, and Indian treaties had provided a public domain. In hope
of securing grants in this presumed domain Colonel Timothy Pickering in
1783 formulated “Propositions for Settling a New State by Such Officers
and Soldiers of the Federal Army as Shall Associate for that Purpose.” He
suggested that Congress purchase lands from the Indians and give tracts
to soldiers in fulfillment of the bounty promises of 1776. In the hands
of Putnam this suggestion became the “Newburgh Petition,” which was
forwarded to Congress with the signatures of about 288 officers in the
Continental Line of the Army. With this petition Putnam sent a letter
to Washington in which he asked support for the appeal of the signers
and outlined their plan. His letter included such wise suggestions as
the exchange of land for public securities, the adoption of the township
system of survey, and the advantage of settlements of soldiers in the
West as outposts against danger from the Indians or from the English in
Canada. In a belated response to these demands Congress enacted on May
20, 1785, “An Ordinance for ascertaining the mode of disposing of lands
in the Western Territory,” which applied to the lands won from England,
ceded by the states and now purchased from the Indians. This ordinance
made no provision for government in the West, and, although the “seven
ranges” just west of the Pennsylvania border were surveyed and offered
for sale according to its provisions, but little land was sold and this
attempt at westward settlement was a comparative failure.

This further reflects the determination of the American people to have an
acceptable and agreed-upon form of government upon which to build a new
country.

[Illustration: RUFUS PUTNAM

_Drawn by Herbert Krofft, Zanesville, Ohio_]

In these efforts of the officers to secure western lands, Putnam was
the leader. Putnam had been well taught in the school of experience.
After his father’s death, he had gone, at the age of nine, to live with
his stepfather, who made him work hard and would not permit him to go
to school. “For six years,” Putnam said, “I was made a ridecule of, and
otherwise abused for my attention to books, and attempting to write and
learn Arethmatic.” At the age of 16 he was bound as apprentice to a
millwright. Three years later he decided to escape from the severity of
his master and seek adventure by joining the English army in the French
and Indian War. He returned home from his second enlistment in disgust,
because he had been made to work in the mills when he wanted to fight the
French and Indians. After working seven years as a millwright, he turned
to farming and surveying. Soon after the outbreak of the Revolution he
was appointed military engineer. Later in the war he constructed the
fortifications at West Point and suggested that place for a military
school. He retired from the army a brigadier general and returned to
farming and surveying. Putnam was appointed by Congress surveyor on the
seven ranges of townships provided for by the Land Ordinance of 1785; but
he resigned to survey lands in Maine for his own state and recommended
Brigadier General Benjamin Tupper for the position in Ohio.

Tupper was so closely associated with Putnam in western plans that the
two men have been called twin brothers. It has been suggested that the
two men deliberately investigated land available for purchase in two
different regions to compare their advantages. Tupper was stopped at
Pittsburgh by Indian trouble, but he heard favorable reports of the
Ohio country, which made him enthusiastic for settlement. He hurried
eastward and arrived at Rutland on January 9, 1786. Before the blazing
fireplace in Putnam’s home the two men talked all night about their dream
of settlement in the West. When the morning light gleamed through the
windows of the kitchen, the ineffectual hopes of the army officers had
been forged into a practical plan of action by the enthusiasm of Putnam
and Tupper. On January 25, 1786, Massachusetts newspapers published an
invitation to officers and others interested in western settlement to
meet in their respective counties and appoint delegates to convene at the
Bunch of Grapes Tavern in Boston to form an organization for the purpose.

Although this call was sent out three years after the Newburgh Petition,
the prompt response of the officers showed that there had been no decline
in interest. The Ohio Company of Associates resulted from this meeting.

It has been pointed out that most of those attending were also
members of the military Society of the Cincinnati, so named because
the Revolutionary soldiers thought they resembled the Roman soldier
Cincinnatus in leaving their farms and work to save their country. No
doubt the hope of western migration had been kept alive by discussion
at the meetings of the Cincinnati. Most of those men also belonged to
the Masonic Lodge, and this association also unified and perpetuated the
ideas included in the Newburgh Petition of which most of them had been
signers.

At the meeting in Boston on March 1 the delegates elected Putnam chairman
and Major Winthrop Sargent clerk. One thousand “shares” were planned, and
no person was permitted to hold more than five shares or less than one
share, except that several persons could own one share in partnership.
To facilitate the transaction of business, one agent was elected by
each group of 20 shares to represent their interest at meetings of the
company. Putnam, Manasseh Cutler, and General Samuel Holden Parsons, were
appointed directors to manage the affairs of the company. Sargent was
elected secretary and later General James M. Varnum was made a director
and Colonel Richard Platt treasurer. All land was to be divided equally
among the shares by lot. One year after the organization of the company
25 shares had been subscribed, and Parsons, Putnam, and Cutler were
appointed to purchase a tract of land from Congress.

Although largely responsible for shaping the beginning of the new colony,
Cutler did not move to the tract he purchased; he later visited the
infant settlement, however, and his sons, Ephraim, Jervis, and Charles,
became pioneer residents of the Northwest Territory.

Cutler contracted to purchase for the Ohio Company a million and a half
acres at one dollar per acre, less one third of a dollar for bad lands
and the expenses of surveying. Because the public securities with which
payment was to be made were worth only twelve cents on the dollar, the
actual purchase price was eight or nine cents per acre. The tract was
bounded on the east by the Seven Ranges, which had been surveyed and
offered for sale under the Land Ordinance of 1785, on the south by the
Ohio River, and on the western side by the seventeenth Range; it extended
far enough north to include in addition to the purchase one section of
640 acres in each township for the support of religion, one section for
the support of schools, two entire townships for a university, and three
sections for the future disposition of Congress. An interesting phase of
this provision of the contract with the government was that the Ordinance
of 1787 itself made no specific provision for public school lands, lands
for support of religion, or for university purposes. The Land Ordinance
of 1785 had provided for the setting aside of one section in each
township for public schools, but for neither religion nor universities.
But, so earnest of purpose were the men who had written into the
Ordinance of 1787 “Religion, morality and knowledge, being necessary to
good government and the happiness of mankind, schools and the means of
education shall be forever encouraged,” that in their bargaining with the
land commissioners, insistence was made upon these specific reservations.
And so, perhaps outside the formal tenets of law, was furthered a public
land policy which has done much to make our public school and university
educational system an integral and distinctive feature of this government.

Five hundred thousand dollars was to be paid when the contract was signed
and the same amount when the United States completed the survey of the
boundary lines of the tract. The contract was signed on October 27,
1787, by Cutler and Sargent for the Ohio Company, and by Samuel Osgood
and Arthur Lee for the Treasury Board, as commissioners of public lands.
Because the company could not pay the second installment when it was
due, the tract was reduced in size from a million and a half acres to
1,064,285 acres when the patent was issued on May 20, 1792. By giving
100,000 acres for donation lands to actual settlers, Congress reduced the
final purchase to 964,285 acres.

In conformity with the Articles of Association the shareholders received
equal divisions of the purchase. Instead of the 1000 shares originally
expected, 822 were subscribed. When the final apportionment was made,
each share received a total of 1,173.37 acres in seven allotments of
eight acres, three acres, a house lot of .37 acres, 160 acres, 100 acres,
a 640 acre section, and 262 acres.

Had army pay certificates been worth par, the maximum holding for any
individual would have been about $5900, and from that amount down to a
fractional part of $1173. In such sized holdings there could be little
suggestion of either speculation or monopoly. The army certificates being
depreciated in value as they were, the real value of holdings, in hard
money, varied from about $700 down to a few dollars. On such vast capital
was America started across a continent!!

The Ohio Company purchase was located on the Muskingum River for several
reasons. Since the Associates of this Company expected to engage in
farming, and since they were the first settlers, many have wondered
why they did not choose a level tract rather than the hilly section of
the Muskingum. The answers are several: Although they were the first
settlers, they did not have first choice. Southern Ohio was the only
part of the territory to which the United States could give clear title.
Connecticut withheld her Western Reserve of three and a quarter million
acres east of the Fort McIntosh Treaty line. The western land lying
between the Scioto and Little Miami Rivers was under Virginia option.
Since a location west of the Little Miami would have been too far from
the settled part of the country, a tract of suitable size for the Ohio
Company could be found only in the southeast part of the present state
of Ohio. The southern location just west of the Seven Ranges was closer
to New England and was on the then greatest thoroughfare of western
travel, the Ohio River. Furthermore, the Muskingum region was as far
distant as possible from the Indian settlements farther west. Another
advantage was the protection afforded by Fort Harmar, which had been
constructed in 1785 by United States troops under command of Major John
Doughty for the purpose of stopping illegal occupation of the land. Also,
the settlers would have as neighbors 13 families on the patent of Isaac
Williams, which lay on the Virginia side of the Ohio, opposite the mouth
of the Muskingum. In making his choice of location, Cutler considered
all these factors as well as the advice of Thomas Hutchins, geographer
of the United States, who told him that the Muskingum Valley was, in his
opinion, “the best part of the whole of the western country.”

As soon as the purchase was assured, the Ohio Company started systematic
preparation for settlement. Putnam was elected superintendent. Plans
were made in Boston for a city of 4000 acres with wide streets and
public parks at the mouth of the Muskingum. One hundred houses were to
be constructed on three sides of a square for the reception of settlers.
For making surveys and preparing for immigrants, the superintendent was
ordered to employ four surveyors and 22 assistants, six boat builders,
four house carpenters, one blacksmith, and nine laborers. Each man was
required to furnish himself with rifle, bayonet, six flints, powder horn
and pouch, half a pound of powder, one pound of balls, and one pound of
buckshot. Surveyors were to receive $27 a month, and laborers $4 per
month and board. Although these plans were made when it was midwinter and
travel was difficult, no time was to be lost. These were men of action.
They had waited over three years for Congress to make it possible to
carry out their purposes. Putnam decided to lead an advance expedition to
the Muskingum to be ready for surveying and building and planting early
in the spring, and in _five weeks_ after the land contract was signed,
they were on their way.

There is a substantial lesson in this for us who today profess heartfelt
desires and intensities of purpose. Ahead of these men lay months of
winter, severe enough in the settled communities but far more to be
feared in the hazardous wilderness of the Alleghany Mountains. Travel by
foot, for 800 miles with a plodding ox team for part of their baggage,
over the roughest of roads and uncharted trails, and across swollen
streams was to be their lot. So severe was the risk that no women could
accompany the party. During the trip and at its end possible Indian
attacks endangered them. Such was their prospect which they faced
cheerfully, unflinchingly and enthusiastically.

[Illustration: PIONEER PARTY

_Drawn by Betty Kimmell, Vincennes, Ind._]

The company of 48 men was divided into two parties. The boat builders
and their assistants, 22 in number, met at Cutler’s home in Ipswich,
Massachusetts, on December 3, 1787. Cutler not only helped to fashion
the government for the Ohio Company of Associates; he also provided for
their migration a wagon covered with black canvas and lettered with his
own handwriting “For the Ohio Country.” At dawn the men paraded to hear
an address from Cutler, fired three volleys with their rifles, and went
to Danvers, Massachusetts, where Major Haffield White assumed command.
With their plodding ox team they took a route south and then southwest
over stage coach roads, mountain trails, or cutting their own path as
they went, to the old Glade Road westward through Pennsylvania. After a
toilsome journey, they reached Sumrill’s Ferry on the Youghiogheny River
30 miles southeast of Pittsburgh on January 23, nearly eight weeks after
leaving home. At this place (now West Newton, Pa.) they started to build
boats in readiness for the arrival of the other party.

Putnam assembled the second party of 26 surveyors and assistants at
Hartford, Connecticut, on January 1, 1788. But business at the war office
in New York required him to send the party ahead under the leadership of
Colonel Ebenezer Sproat and rejoin them at Swatara Creek between present
Harrisburg and Lebanon, Pennsylvania. When Putnam arrived, progress was
delayed because the ice on the creeks would not support wagons. With the
courage and energy developed by long military service, Putnam set the men
to work cutting an opening so that the stream could be forded. During
the day spent in cutting ice a heavy snow blocked the roads and made
travel difficult. At Cooper’s Tavern near the foot of Tuscarora Mountain
the snow was so deep that they were forced to abandon their wagons and
build sledges to carry baggage and tools. The horses were then hitched
to the sledges in single file, and the men walked ahead to break a path.
After two weeks of this slow travel, they arrived at Sumrill’s Ferry on
February 14.

[Illustration: PIONEER SETTLERS BUILDING ADVENTURE GALLEY ON THE
YOUGHIOGHENY]

On account of the severe cold and deep snow little progress had been
made by White’s men in building boats; but with the arrival of the
superintendent and more laborers the work went ahead rapidly under the
direction of Jonathan Devol, a ship builder. The largest boat was a
galley constructed of heavy timber to deflect bullets and covered with
a deck-roof high enough for a man to walk upright under the beams. It
was 50 feet long and 13 feet wide with an estimated carrying capacity of
21 tons, although, as Putnam records it, it was of green timber and its
real capacity, therefore, uncertain. The _Adventure Galley_ is the name
commonly ascribed to this boat, although as an afterthought some called
it the _American Mayflower_. Rufus Putnam in his diary written at the
time calls it “Union Galley.” Since one boat would not transport the 48
men with their horses, tools, baggage, and food to support them until
their crops matured, a large flatboat, 28’ x 8’, and three canoes were
also constructed. It will be interesting to know something of what these
“canoes” were like. They were not the hollowed-out log Indian canoes, nor
were they of birch bark. Putnam describes them as of two tons, one ton,
and 800 pounds burthen, respectively.

The popular small boat of the Ohio River, large enough to carry more than
would the log canoe, was called a pirogue. It was a log canoe split in
half lengthwise and with a wide flat section inserted between the two
halves. This made a substantial and safer boat, with greatly increased
carrying capacity, yet easy to handle, and, of course, easy for the
pioneers to build with the primitive materials at hand.

And, speaking of boats and pioneers, Cutler records in his diary that
on August 15, 1788, Tupper, who had been among the original party of
settlers, took him down the river to see his new “mode for propelling
a boat instead of oars.” This consisted of a “machine in the form of a
screw with short blades, and placed in the stern of a boat, which we
turned with a crank. It succeeded to admiration, and I think it a very
useful discovery.” Thus, in the wilderness of Northwest Territory and 50
years before it came into general use, the screw propeller was invented
and successfully demonstrated.

On April 1, 1788, the 48 pioneer settlers of the Northwest Territory
launched their boats out into the Youghiogheny and pushed down that
river to the Monongahela. At Pittsburgh they swung out into the current
of the broad Ohio. John Mathews had been working since February 27 to
collect provisions for the expedition at the mouth of Buffalo Creek (now
Wellsburg, West Virginia). The horses, oxen and wagons had been sent
overland to this point. After stopping the entire day of April 5 to load
these provisions, and their equipment, the little flotilla floated on
and arrived at the mouth of the Muskingum on the morning of April 7. The
banks of the Muskingum at that time were lined with tall sycamores, which
leaned out over the water, and so narrowed the mouth that the pioneers
could not see it through the rain. Consequently the current carried them
past the mouth of the Muskingum and below Fort Harmar. With ropes and
the help of soldiers from the fort, the boats were towed back into the
Muskingum. Then the pioneers rowed across and landed at noon above the
upper point.

In what sense were these 48 founders of Marietta the first settlers in
the Northwest Territory? Certainly they were not the first white men
to live in the Ohio country. Sault Ste. Marie was planted by Marquette
in 1668, 120 years before the founding of Marietta. Burke A. Hinsdale
has said that the French posts—Cahokia, Kaskaskia, Vincennes, and many
others—in the old Northwest contained a population of 2500 people in
1766. Wisconsin, northern Minnesota, Michigan, and Illinois had been
major scenes of French exploration and settlement for a hundred years.
But the French made no attempt to colonize their settlements; they
preferred to keep the wilderness a vast, unbroken game preserve for
trapping furs and Indian trading.

When the English secured possession of the country northwest of the Ohio
River at the end of the French and Indian War, the British government
angered the colonies, first by the decree of 1763 forbidding settlement,
and later by ignoring the colonial charters which had granted the
colonies territory “from sea to sea” and passing the Quebec Act of 1774,
in which representative government was abolished.

It is not possible, a hundred and fifty years later, even if it were
possible at the time, to interpret the working of the minds of the
English king and council. It is a fair surmise, however, supported by
considerable evidence, that the crown then saw the threat of American
independence, if the American people could establish themselves in this
vast and fertile empire beyond the mountains where physical geography
alone would make it impossible for the mother country to hold the
colonies in subjection or enforce her decrees upon them.

[Illustration: LANDING OF PIONEER SETTLERS IN NORTHWEST TERRITORY AT
MARIETTA]

As early as 1761 Frederick Post from Pennsylvania, a Moravian missionary
to the Indians, built perhaps the first “American’s” house in Ohio on
the Tuscarawas River. On May 3, 1772, David Zeisberger and a company
of Christian Indians established Moravian villages at Schoenbrunn,
Gnadenhutten, and Lichtenau (near present New Philadelphia). Clarksville,
now a suburb of Jeffersonville, Indiana, had been established by George
Rogers Clark in 1784. Wiseman’s Bottom, four miles above the mouth of the
Muskingum, was named after a man who made a clearing as entry right to
400 acres while Virginia still claimed the land north of the Ohio. During
the Revolutionary War squatters began to settle northwest of the Ohio.
Since these squatters were trespassing on lands reserved by treaty for
the Indians, Congress attempted to drive them out. Ensign John Armstrong
reported in 1785 that “there are at the falls of the Hawk Hawkin [Hocking
River] upwards of 300 families, and at the Muskingum a number equal.” The
squatters even elected one William Hogland, governor. These temporary
and unlawful settlements would defeat orderly settlement, and deprive
the new nation of the income from sale of the lands. To prevent such
illegal occupation Fort Harmar was erected on the Ohio at the mouth of
the Muskingum.

Marietta was the first legal American settlement northwest of the Ohio
River under the Ordinance of 1787.

The Ohio Company of Associates spoke so enthusiastically in praise of
their land that other New Englanders jokingly referred to the purchase
as “Putnam’s Paradise” and “Cutler’s Indian Heaven.” Aside from the fact
that the land was hilly in some sections, it came up to the expectations
of the settlers. In contrast to the cold weather they had experienced
in Pennsylvania, the pioneers found that the trees were in leaf at the
Muskingum and grass was high enough for pasturing their horses. Over
the entire region stretched an almost unbroken forest of great poplar,
sycamore, maple, oak, hickory, elm, and other trees. Cutler records that
on his visit to Marietta he saw a hollow tree forty-one and a half feet
in circumference that would hold 84 men or afford room inside for six
horsemen to ride abreast. The circles counted in one tree indicated that
it was at least 463 years old. In boasting of the fertility of the land
one settler wrote that “the corn has grown nine inches in twenty-four
hours, for two or three days past.” Buffalo and elk were found in the
woods when the pioneers arrived. A hunter could kill 20 deer in one day
near Marietta. Wild turkeys weighing from 16 to 30 pounds were caught
in pens and clubbed to death. The woods were alive with foxes, opossum,
raccoon, beaver, otter, squirrels, rabbits and other small game. Bears,
panthers, wild cats, and wolves were a menace to stock. Schools of fish
made so much noise with their flopping against the boats that the men
could not sleep on board. The largest fish caught were a black catfish
weighing 96 pounds and a pike six feet long, weighing almost a hundred
pounds.

When the pioneers arrived on April 7, 1788, they were welcomed by
approximately 70 Delaware Indians, who were camping at the mouth of
the Muskingum to trade furs at Fort Harmar. Their chief, Captain Pipe,
assured the white settlers that his people would live at their home
on the head waters of the river in peace with their new neighbors.
Encouraged by this reception, the men unloaded the boards for their
houses the first day and set up a large tent in which Putnam had his
headquarters.

On the next day the laborers began clearing land, and on April 9 the
surveyors started laying off the eight-acre lots. By April 12 four acres
of land had been cleared at “The Point,” and work proceeded rapidly in
building cabins and planting seed.

At first the pioneers called their settlement Muskingum. This name was a
form of the Delaware word Mooskingung, meaning Elk Eye River in reference
to the large herds of elk that ranged in the valley. Cutler’s choice for
a name was the Greek word Adelphia, which means brethren. But on July 2,
at the first meeting of the directors and agents in the new settlement,
it was “resolved, That the City near the confluence of the Ohio and
Muskingum, be called Marietta.” History generally records that this name
was a word formed from the first and last syllables of the name of Queen
Marie Antoinette of France, chosen by the veterans of the Revolution as
a gallant tribute to the nation which aided them in throwing off the
shackles of English rule. Why the final a is uncertain.

Marietta was only the first of the settlements in the Northwest Territory
under the ordinance. Many others were to follow rapidly, some destined
to become great or small cities, and others to remain as villages. It is
worthwhile, however, to follow briefly the history of this first official
settlement for its depiction of the type of immigration into the new
country and to illustrate the problems settlers faced in pushing America
westward.

[Illustration: SETTLERS RECEIVING DEEDS FROM OHIO COMPANY’S LAND OFFICE
AT MARIETTA]

For instance, in surveying the city the directors of the Ohio Company
provided for wide streets and public parks. The principal streets of 90
feet in width ran parallel to the Muskingum River and were designated by
numbers. They were intersected by cross streets named after Washington,
Putnam and other Revolutionary generals. The bank of the Muskingum was
set aside as a “commons” and dedicated forever to public use. It was
called “The Bouery” and is today a public park. Within the city limits
the surveyors found extensive earthworks and mounds which supplied
mysterious evidence of a prehistoric race, which had sometime constructed
a city on the same site. Colonel John May described the cutting of a
tree that had grown for 443 years on one of the earthworks. The larger
elevated square was named Capitolium, the smaller was called Quadranaou,
and the road with high embankments from the river to the “Forty acre
fort” was officially designated as Sacra Via. These were all dedicated
as public property and are so today. A creek which emptied into the
Muskingum below Campus Martius was called the Tiber, after the river near
Rome. This use of classical names indicates that the cultured founders of
Marietta were familiar with Latin and Greek literature.

The first cabins had been built at “the point” and a stockade erected
enclosing some four and a half acres. The Indians told the settlers of
the flood danger, showing them driftwood and laconically pointed out that
“where water has been water will be again.”

In platting the city-to-be the pioneers, therefore, laid out an extremely
broad street on high ground as the intended main street of the town, and
named it for Washington. The complete dependence of the time upon river
transportation and the distance of Washington Street from the Ohio River
prevented its attaining its designed purpose and the business district of
the city has never since realized the expectation of those first settlers.

Early in May, when the crops had been planted in the clearing and cabins
had been constructed at “Picketed Point,” Putnam decided from his study
of treaties at the war office in New York that the tribes would not
permit their lands to be occupied without a struggle. May wrote in his
Journal: “At Boston we have frequent alarms of fire, and innundations
of the tide; here the Indians answer the same purpose.” On account of
the danger of Indian attack all men not needed in the survey were put to
work at the construction of an impregnable fort. This defense was called
Campus Martius, after a name applied to a grassy plain along the Tiber
in ancient Rome where military drills and elections had been held. The
phrase literally means “a field dedicated to Mars, the god of war.”

The fortress was located on Washington Street, three quarters of a mile
above the Ohio River. It consisted of 14 two-story houses arranged in
the form of a hollow square, which measured 180 feet on a side. At each
corner of the square stood a blockhouse with projecting upper story.
Loopholes were cut in the projecting floor for showering bullets on
Indian attackers. The entire fort was constructed of poplar planks four
inches thick and 18 to 20 inches wide, which men hewed and whipsawed
from the huge poplar trees that grew along the Muskingum. In one of
the fort’s houses, which became Rufus Putnam’s home after the fort was
dismantled, and which is now part of Campus Martius Museum, can still be
seen the original timbers and form of construction. In the timbers, hewn
in pre-determined shapes, were stamped Roman numerals, and by matching
corresponding numbers, the artisans of that day were able to assemble the
timbers into complete and substantial structures.

The blockhouses and part of the dwellings were built at the expense of
the Ohio Company. On July 21, 1788, the directors ordered that carpenters
be employed at half a dollar a day and one ration to complete the
blockhouses, and that laborers be paid seven dollars per month and one
ration per day. It was provided

“That a Ration consists of 1½ [lbs.] of Bread or Flour.

“1 lb. of Pork or Beef, Venison or other meat equivalent.

“1 Gill of Whisky.

“Vegetables.”

The complete structure contained 72 rooms. When the Indians finally went
on the war path, the inhabitants constructed three lines of defense
outside the fortress. A row of palisades sloped outward to rest on
rails, a line of pickets stood upright in the earth 20 feet beyond the
palisades, and a barrier of trees with sharpened boughs formed the first
defense. Ammunition, cannon, and spears were stored in convenient
places. The northeast blockhouse was used for religious meetings and
sessions of the courts. At the outbreak of the Indian Wars in 1791,
Campus Martius became the principal refuge of the people in Marietta. Of
it, Putnam, who had built West Point and many other Revolutionary War
fortifications, wrote that it was the finest fort in the United States.

While Campus Martius was being constructed, the survey was continued, the
crops were planted and cabins erected and new settlers arrived. When John
May arrived with a party of 11 men on May 26 and was invited to dinner by
General Josiah Harmar, he was served, according to his diary, “beef a la
mode, boiled fish, bear-steaks, roast venison, etc., excellent succotash,
salads, and cranberry sauce.” Venison sold for two cents a pound and bear
meat at three cents. May was surprised to see in Doughty’s garden an
orchard of apple and peach trees and “cotton growing in perfection.”

Varnum arrived with a company of 40 settlers on June 5. Among them were
James Owen and his wife, Mary Owen, the first woman who settled in the
community. The settlers were so industrious that by June 20, 132 acres
had been planted in corn in addition to large fields in potatoes, beans,
and other vegetables.

As soon as the pioneers had provided shelter for themselves, they
organized a temporary government to insure order and safety until the
arrival of the officers of the Northwest Territory. On June 13 at an
informal meeting of the directors and agents of the Ohio Company, it was
decided that the directors present should act as a board of police to
draw up a set of laws for the community. Colonel Return Jonathan Meigs
was appointed to administer them. At the first official meeting of the
directors the board of police was confirmed. The regulations provided for
cleanliness, health, decency, safety, and moral conduct. Military guard
was established. If any persons arrived who were not stockholders in the
Ohio Company, the board of police was empowered to decide whether or not
they should be permitted to stay. Settlers were required to carry arms
during their work in the fields. No one was allowed to trade with the
Indians without permission from the board or from Fort Harmar. Punishment
for violation of the laws was to consist of either labor for the public,
or expulsion. As evidence of the orderly conduct of the settlers it has
been pointed out that in three months there was only one difference,
and that was compromised. On July 4 the board of police nailed these
temporary laws to the smooth trunk of a large beech tree near the mouth
of the Muskingum.

On July 4 all work was suspended to celebrate the anniversary of the
Declaration of Independence. Since most of the settlers had served in
the Revolutionary Army, they observed the occasion with feelings of
intense patriotism. A federal salute of 13 guns from Fort Harmar opened
the celebration at dawn. At “The Point” on the east bank of the Muskingum
a table 60 feet long was spread with wild meat, fish, vegetables, grog,
punch, and wine. Harmar arrived with his lady and officers from the
fort at one o’clock. Varnum, one of the judges of the territory, then
delivered a flowery oration.

After the oration, the guests were twice driven from the table by
thunderstorms before they finally finished dinner. The patriotic event
continued with the drinking of the following toasts which illustrate the
topics of general interest of the time:

   1. The United States.
   2. The Congress.
   3. His Most Christian Majesty, the King of France.
   4. The United Netherlands.
   5. The Friendly Powers throughout the World.
   6. The New Federal Constitution.
   7. His Excellency General Washington, and the Society of Cincinnati.
   8. His Excellency Governor St. Clair, and the Western Territory.
   9. The memory of Those Who Have Nobly Fallen in Defense of American
        Freedom.
  10. Patriots, and Heroes.
  11. Captain Pipe, Chief of the Delawares, and a Happy Treaty with the
        Natives.
  12. Agriculture and Commerce, Arts and Sciences.
  13. The Amiable Partners of Our Delicate Pleasures.
  14. The Glorious Fourth of July.

The Celebration closed with another salute of 13 guns and a “beautiful
illumination” at Fort Harmar.




CHAPTER IV

THE BEGINNINGS OF GOVERNMENT


The Northwest Territory at the time of its organization included all of
the region comprising the present states of Ohio, Indiana, Illinois,
Michigan, Wisconsin, and a portion of Minnesota. The ordinance for its
government was framed and ordained at the last session of the Continental
Congress in 1787.

This ordinance vested the governing authority in four men, a governor
and three judges. Two years later, by act of Congress, “the Secretary of
the Territory, in case of the death, removal, resignation or necessary
absence of the Governor, became the acting Governor.”

The first governor of the Northwest Territory was Arthur St. Clair, who
arrived at the new settlement, July 9, 1788. He landed at Fort Harmar,
which was garrisoned with United States troops. Sergeant Joseph Buell,
who was stationed at Fort Harmar, wrote in his Journal on the day of the
governor’s arrival:

“On landing he was saluted with thirteen rounds from the field piece.
On entering the garrison the music played a salute; the troops paraded
and presented their arms. He was also saluted by a clap of thunder and
a heavy shower of rain as he entered the fort: and thus we received our
governor of the western frontiers.”

St. Clair was educated at the University of Edinburgh, Scotland, came to
America, joined the Colonial Army, and rose to the rank of major general.
He served as president of the Continental Congress and stood high in the
confidence of George Washington. His military reputation, however, later
lost much of its luster in his terrible defeat by the Indians on November
4, 1791, in what is now Mercer County, Ohio. He still owned a large tract
of land in the Ligonier Valley in Pennsylvania and returned there for his
last years. He died in 1818 and was buried at Greensburg, Pennsylvania.

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.

After a number of laws had been enacted by this territorial legislature
and had been published by Congress in two small volumes called “Laws
of the Governor and Judges,” the House passed a bill declaring all the
laws of the territory thus enacted null and void. While the bill did not
pass the Senate, it was stated that the members of that body were in
agreement with the House, but that they did not pass the bill because
they felt that these laws of the territory were null without any action
by Congress. The governor and judges found themselves without laws with
which to govern. The legal structure which they had been industriously
building was about to tumble down to ruin. The last of these worthless
laws that they enacted bore the date of August 1, 1792.

St. Clair wished to assemble the legislature, which it will be
remembered, was composed of himself and the three judges, to _adopt_ laws
_in accordance with_ the requirements of the ordinance, in order that the
territorial government might be administered by constitutional authority.

On July 25, 1793, he called the legislature of the territory to convene
in Cincinnati on September 1 of the same year. Due to the difficulties
of communication and transportation it was found impossible, however, to
meet on September 1, 1793, and it was not until the twenty-ninth day of
May, 1795, that a majority of the members of the legislature were able
to assemble in Cincinnati. In other words, it took about 20 months to
assemble to meet this emergency and adopt a new code of laws to take the
place of those which had been nullified by Congress.

Finally, St. Clair, Symmes and George Turner, who had been appointed to
take the place of Varnum, deceased, met in Cincinnati on May 29, 1795,
to adopt a code of laws. The remaining judge, Rufus Putnam, was not in
attendance.

This is the first _recorded_ meeting of a legislative body within the
present limits of Ohio and the territory northwest of the Ohio River.
This legislature chose its officers and assembled in regular session
until it concluded its labors and provided for the publication, in the
Maxwell code, of the laws it adopted, the very first published in the
Northwest Territory.

Governor Arthur St. Clair presided. Judges John Cleves Symmes and George
Turner were the floor members. Accordingly, there were just enough
members present to conduct the legislative proceedings—one member to
make a motion, another to second it, the presiding governor to put
it to a vote. Armstead Churchill was chosen and commissioned clerk
of the legislature. He appears not only to have kept a record of the
proceedings, but to have prepared drafts of bills for consideration. He
received eight cents for every one hundred words that he wrote.

St. Clair read a lengthy address to the two judges. In the opening
sentences one can gather some knowledge of the difficulties with which
these pioneer legislators had to contend. There were no roads, no
steamboats, no coaches, no telegraph. The mails were uncertain, few and
far between. Prowling Indians had not ceased to be a menace. Rivers often
could not be forded and there were few ferries. The “highways” of travel
were the “low ways”—the rivers winding through the unbroken solitudes of
the primeval forests.

The Ohio was often difficult to navigate. In February, 1795, Judge Symmes
made an effort to meet St. Clair at Marietta. We quote the result from
one of his letters:

“On the 20th of February, therefore, I set out from Cincinnati on my
passage up the river, and was buffeted by high waters, drifting ice,
heavy storms of wind and rain, frost and snow for twenty-three days and
nights, without sleeping once in all that time in any house after leaving
Columbia. I waited in vain twelve days at Marietta for the coming of the
Governor, and, he not appearing, I returned home.”

Travel in these times was not only inconvenient and difficult, but
dangerous. Parsons, one of the first judges of the Northwest Territory,
lost his life by drowning, on his return journey from the Western Reserve
in 1789 down the Big Beaver.

After St. Clair’s message, a resolution was adopted opening the meetings
of the legislature to the public. After inviting the public to the
sessions, the legislature adjourned to meet the following day. At the
second meeting the two judges wrote a dignified reply to the message from
the governor.

The record of their proceedings rested securely in an iron box for about
130 years, after which they came into the possession of the Ohio State
Archaeological and Historical Society. This record shows that the members
of this legislature took themselves and their work seriously. What they
lacked in numbers they made up in dignity and decorum. This legislature
was in session from May 29 to August 25, 1795. It completed the work for
which it had been called and gave to the Northwest Territory a code of
laws framed in strict accord with the Ordinance of 1787.

[Illustration: WILLIAM HENRY HARRISON

_Drawn by William Olson, Downers Grove, Ill._]

While these legislative meetings were in session at Cincinnati, General
Anthony Wayne was concluding the treaty with the Indians at Greenville,
opening the Northwest to peaceful settlement. The subsequent rapid
increase in population soon entitled the territory to the second stage of
government provided by the ordinance—a legislature chosen by its people
to enact laws as soon as there were 5000 free male inhabitants of full
age in the territory. This first elected legislature met in September,
1799, and re-affirmed the earlier laws of the governor and judges.

The next year Congress divided the Northwest Territory into two parts,
the eastern part, comprising approximately present Ohio and eastern
Michigan, remaining as the Northwest Territory; and the western part,
comprising the balance of the previous territory, becoming Indiana
Territory. At this time the territorial capitals were first definitely
located, one at Chillicothe, Ohio, and the other at Vincennes, Indiana.
Thus, Chillicothe became the first capital of the Northwest Territory and
remained so until the state of Ohio was admitted to the Union in 1803.

[Illustration: OLD INDIANA TERRITORIAL HALL

_Drawn by Robert Osterhag, Vincennes, Ind._]

While the governor and some of the judges lived at Marietta, and they had
enacted laws at meetings there, those laws had been invalidated. There
was then no officially designated capital of the territory, the judges
meeting and promulgating laws wherever might be convenient. In 1790, St.
Clair had removed to Cincinnati in preparation for his campaign against
the Indians, which proved so disastrous in 1791.

[Illustration: OX TEAM AND COVERED WAGON PARTY

_Drawn by Earl Laweck, Roger City, Michigan_]




CHAPTER V

GROWTH OF SETTLEMENTS


The arrival of Governor Arthur St. Clair and the territorial judges
encouraged immigration by assuring settlers of the institution of law and
order. When the Reverend Daniel Breck delivered a sermon in the present
state of Ohio, on Sunday, July 20, 1788, he addressed an audience of 300
people from Marietta and the settlement of Isaac Williams on the Virginia
side of the river. After Manasseh Cutler returned home from his visit in
1788, General Samuel Holden Parsons wrote to him on December 11 that “we
have had an addition of about one hundred within two weeks.... Between
forty and fifty houses are so far done as to receive families.”

By the end of the year, 1788, the settlement contained 132 men and 15
families, making a total of nearly 200. James Backus wrote to his parents
that their stock consisted of “one hundred and fifty horses, sixty cows,
and seven yoke of oxen.”

In August of 1787 Judge John Cleves Symmes, an influential man and member
of Congress from Trenton, New Jersey, petitioned Congress for a grant of
land between the two Miami Rivers at the mouth of the Little Miami River,
which became known to history as “The Symmes purchase.” In November of
1788 Benjamin Stites and about 20 others settled Columbia and in late
December of the same year Matthias Denman, Colonel Robert Patterson and
Israel Ludlow with a party of 26 men established Losantiville about
five miles west of Columbia in the Symmes tract and in the very center
of present Cincinnati. These two communities became Cincinnati in 1790
at the request of St. Clair. North Bend was the third of the Symmes
settlements and was settled in February, 1789.

All the settlements suffered a hard winter. At Marietta the Ohio was
frozen over from December until March and the settlers could not get to
Pittsburgh for provisions. Their crops were not large the first year, and
the Indians had driven the game away. Many lived on meat and boiled corn
or coarse meal ground in a hand mill. Here again was demonstrated the
heroism of peace.

Isaac and Rebecca Williams, living in Virginia, directly across the Ohio
River from Marietta, had raised a goodly supply of corn, which, because
of scarcity, had reached two dollars a bushel in the markets. Yet they
chose to sell it to the hungry settlers at fifty cents per bushel, and
proportioned it out according to the number of members of each family.

In order to raise larger crops to provide adequate food supply for the
future, two branch settlements were made early in the spring. Fifteen
miles below Marietta a farming community called Belpre was formed by
40 associates who had spent the winter in Marietta. Extending for five
miles along the Ohio, the settlement consisted of upper, middle and lower
divisions called respectively Stone’s Fort, Farmers’ Castle, and Newbury.
Farmers’ Castle was a fortification containing 13 cabins built for safety
during the Indian War. Soon after Belpre was settled, 39 associates moved
20 miles up the Muskingum to establish themselves at Plainfield, later
called Waterford. Fort Frye was constructed as a place of refuge when
the Indian War started. About a mile away a mill was built on Wolf Creek
by some families who lived in the vicinity. Hearing of the growth of the
Ohio Company settlement, the Virginia House of Burgesses appropriated
money for a road from Alexandria to the Ohio River opposite Marietta.
Merchandise was hauled over this road for many years.

[Illustration: FORT WASHINGTON, CINCINNATI

_Drawn by Junior Vahle, Quincy, Illinois_]

The Ohio Company assisted settlers in establishing themselves. Surveyors
went out to lay off the lots at times when it was necessary to maintain a
guard of soldiers against Indian attacks. The Ohio Company’s Land Office
in which the surveys were recorded, is now the oldest building in Ohio.
Liberal grants of land were made to persons who constructed mills for
the convenience of settlers. The first flour mill in Ohio was erected
about a mile from the mouth of Wolf Creek in 1789 by Major Haffield
White, Colonel Robert Oliver, and Captain John Dodge. In 1797 a brickyard
and tannery were established on land provided by the Ohio Company. In
December of the same year Peletiah White started a small earthenware
pottery, which according to Samuel P. Hildreth “was probably the first
establishment of the kind north of the Ohio.” The directors provided for
the fencing and ornamentation of the public squares in Marietta. For
example, Marie Antoinette Square was leased to Rufus Putnam on condition
that he plant mulberry, elm, honey locust, and evergreen trees in a
specified design.

Near the end of the year 1788 the directors of the Ohio Company had
become worried over the fact that thousands of immigrants floated past
Marietta to settle in Kentucky. To attract some of these people to remain
in the Ohio Company purchase the directors offered 100 acres to men who
would agree to build a dwelling house 24 by 18 feet within five years,
plant 50 apple or pear trees and 20 peach trees within three years,
cultivate five acres, and provide themselves with arms and ammunition for
defense. Settlements on donation lands were expected to serve as outposts
of defense against Indian attack. After granting some free tracts, the
Ohio Company found the practice too expensive and successfully petitioned
Congress in 1792 for a tract of 100,000 acres for donation purposes.
Located in the northeastern part of the Ohio Company Purchase, the
donation tract was approximately 22 miles long and seven miles wide. In
the autumn of 1790 a group of 36 men established a settlement on donation
land 30 miles up the Muskingum from Marietta, at a place called Big
Bottom.

The first town meeting in the territory was held in Marietta on February
4, 1789. Colonel Archibald Crary presided as chairman, and Ebenezer
Battelle was elected clerk. A committee was appointed to draft an
address to St. Clair, and report a plan for a police system. The police
board appointed under this plan consisted of Putnam, Oliver, Griffin
Green, and Nathaniel Goodale. In addition to their police duties, these
men appointed a sealer of weights and measures, fence viewers, and a
registrar of births and deaths. Laws were passed for the government of
the community. Many of the regulations provided for defense against the
Indians by completing Campus Martius and by securely bolting the gates
at sunset. It was ordered “that the main Street leading from Campus
Martius to Corey’s bridge, so called, should be cleared of logs and other
woods that may obstruct it.” Residents of Campus Martius were ordered to
construct walks of hewn logs along their cabins and to provide troughs
or gutters to drain water from the eaves. Wagons, horses, cattle, and
swine were not permitted inside the fort. One resolution prohibited the
purchase of wild meats for the purpose of monopolizing the supply and
charging extravagant prices.

[Illustration: TECUMSEH

_Drawn by Robert Eggebrecht, Vincennes, Ind._]

Food was scarce at the Miami settlements also, and the Indians were
showing increasing signs of resistance to the whites. Several community
blockhouses had been built and small parties of troops sent there to
guard the settlements and their all-essential crops.

In January, 1790, St. Clair removed to Cincinnati, and Major John Doughty
with his troops from Fort Harmar started construction of Fort Washington
as headquarters for increasingly necessary western troops. General Josiah
Harmar arrived in the fall of that year and took charge of the garrison
then comprising 70 men.

Casual readers of history at times marvel at the small size of garrisons
and armies used in these hazardous campaigns against the Indians, and
thereby incline to minimize the severity of the conflicts. To understand
this, it is necessary to realize how few people relatively were in the
entire empire of the Northwest; that transportation and communication
were so difficult as to make the movements of large bodies of men
impossible, even if men had been available; that provisions and supplies
could not be moved in quantity and, beyond two or three days’ supply the
men could carry, the troops had to live on game and what the wilderness
provided; and, lastly, that the Indians were usually small tribes and
attacked in relatively small groups.

The protection normally needed was that of small detachments of hardy and
fearless men trained to the ways of the woods and the Indians. One of the
great problems of the period, as will be seen later, was the militia or
volunteers, who, though eager to fight the Indians, were too impetuous,
too unfamiliar with discipline, and too likely to decide to return to
their homes upon their own initiative.

In October, 1790, a party of immigrants from France—anxious to escape the
impending French Revolution—bought lands and settled in the lower part
of the Ohio Company Purchase at a village called Gallipolis, or the city
of the French. They had been deceived by representatives of the Scioto
Purchase, and believed that they were buying a Garden of Eden, where
nature provided the necessities of life without labor. For instance, they
had been told by agents of the Scioto Company, which will be described
later, that candles grew in swamps on their lands (cat tails), and that
custard grew on trees (paw paws).

Here it seems proper to digress for a moment as to the Scioto Company—or
more particularly to discuss the fact that in those days not all public
men were heroes, and some were not even honest. Then, as now, the
forward-looking forces of progress had to contend with selfishness,
politics, chicanery and downright dishonesty.

It has been before pointed out that when Cutler was negotiating with
Congress for purchase of Ohio Company lands, a group had approached him
with a proposal to make another purchase at the same time for another
company, and that he used this larger purchase to secure passage of the
Ordinance of 1787. This other company was the Scioto Company, whose
membership is not known beyond a small group. Its negotiations with the
Ohio Company were carried on by one man, a public official. Cutler and
Putnam did not permit the Ohio Company of Associates to become entangled
with this other company—beyond the fact that the two purchases were to be
made at the same time.

The Scioto Company was to purchase some 3,500,000 acres in the valley
of the Scioto River. They sent Joel Barlow, a fair poet perhaps, but
of questionable business sagacity, to France to dispose of these lands
to fear-worn French. Barlow employed one William Playfair to sell
the lands, and it was in the booklet the latter prepared that the
fantastic statements as to candles, custard, etc., appeared. The sale
was highly successful. Middle-class French in such jeopardy between the
revolutionists and the aristocracy, hastened to emigrate to the new land
of dreams. What became of the moneys they paid for their new homes has
never been proved. Someone absconded and when they landed at Alexandria,
Virginia, they learned that the Scioto Company had never acquired title
to the lands sold to them.

One interesting incident of this skullduggery is worth mention. Among
the French settlers was François D’Hebecourt, a close boyhood friend
of Napoleon Bonaparte. Bonaparte had originally considered joining
the party, but remained behind to follow if his friend’s reports
substantiated the claims made. In case the new country did come up to
expectations, he was to follow D’Hebecourt, and establish a new empire
somewhere in western America. Of course, D’Hebecourt’s reports of the
villainy of the Scioto Company, the hovels they found for homes and the
ensuing famine which the French settlers endured changed Bonaparte’s
intentions, and he remained in France to leave his mark later on all
Europe.

There are two very interesting suppositions suggested. Suppose the Scioto
Company had kept its word, what might have been the subsequent history
of the world? And suppose, as is altogether possible, that Bonaparte’s
revulsion at the treatment of his countrymen had influenced him 13 years
later in selling Louisiana Territory to the United States. The portent
of such possibilities has no direct connection with our story, except to
show what small affairs of men may affect all history and the millions
of people who live afterward, and, an indication that the world is not
worse, morally or ethically, now than it was then.

[Illustration: SPINNING

_Drawn by Lloyd Hune, Marietta, Ohio_]

Through the intervention of President George Washington, Colonel William
Duer of the Scioto Company agreed to transport the emigrants to their
lands, opposite the mouth of the Big Kanawha. In the meantime, surveyors
discovered that this village site lay within the Ohio Company Purchase,
and not, as supposed, within the Scioto Purchase. Duer contracted
with Putnam to erect buildings for the settlers. Accordingly, Major
John Burnham, with 40 men, erected four rows of 20 cabins each, with
blockhouses at the corners and a small breastwork in front. To these
crude dwellings came the artisans, lawyers, jewelers, physicians, and
servants, the exiled nobility of France. They were so ignorant of
pioneer ways that some were killed beneath the fall of the trees they
chopped down. When the Ohio Company adjusted its affairs in December,
1795, the French settlers paid for their land a second time by buying
it for a dollar and a quarter per acre. At a later time the United
States government granted these unfortunate French a tract of land near
Portsmouth, Ohio, but few of them ever moved there.

During the Indian war these citizens of Gallipolis were not molested by
the warriors, who still had friendly feelings toward their former French
allies in Canada. The other settlers, however, were not so fortunate
in escaping Indian hostility. On May 1, 1789, only four months after
the Treaty of Fort Harmar, Captain Zebulon King was killed and scalped
by two Indians at Belpre. In August two boys were killed two miles up
the Little Kanawha River in Virginia. Murders occurred with increasing
frequency along the frontier. Settlers in Virginia, Kentucky, and the
Ohio settlements called for protection. In 1790, Washington sent Harmar
northward from Cincinnati with an expedition to punish the Indians in the
Miami country, and compel obedience to the treaties of Fort McIntosh and
Fort Harmar, but the warriors defeated his army so severely that they
became bolder than ever in their revengeful attacks.

On Sunday, January 2, 1791, a war party of thirty Delaware and Wyandots
attacked the settlers on donation lands at Big Bottom. Thirteen people,
including a woman and two children, were gathered in a two-story
blockhouse of beech logs. Four men were eating supper in a cabin a
hundred yards above the blockhouse, and two men were preparing their
meal in another cabin below the main building. A light snow covered
the ground, and the ice on the Muskingum was strong enough to hold the
Indians who crossed from the trail on the opposite side. While a few
of their number tied the four men in the upper cabin, the main body of
Indians surrounded the blockhouse. One of them pushed open the door, and
his companions fired at the men around the fireplace. Then the Indians
rushed in and massacred the settlers before they could reach their
weapons. Twelve people were killed, five were made captives, and the two
men in the lower cabin escaped to carry the news to the lower settlements.

Many of the men from Belpre and Waterford were attending the Court of
Quarter Sessions in Marietta when the news of the massacre arrived.
Hurrying back to their homes, they prepared to defend themselves if other
attacks should be made. Several smaller settlements were abandoned, and
the fortifications at Marietta, Belpre, and Waterford were strengthened.
On January 8 Putnam wrote to Washington:

“The garrison at Fort Harmar, consisting at this time of little more than
twenty men, can afford no protection to our settlements; and the whole
number of men in all our settlements, capable of bearing arms, including
all civil and military officers, do not exceed 287; and these badly
armed. We are in the utmost danger of being swallowed up, should the
enemy push the war with vigor during the winter.”

[Illustration: INDIAN CHIEFS BEING ENTERTAINED BY RUFUS PUTNAM AT CAMPUS
MARTIUS]

During the following summer a company of United States troops under
Major Jonathan Haskell was stationed at the Ohio Company settlements.
The roofs of Campus Martius were covered with four inches of clay as a
protection against flaming arrows. Picketed Point was strengthened and
another blockhouse built for quartering troops. Colonel Ebenezer Sproat
commanded a detail of 60 men from the militia in building fortifications.
Six scouts, two from each of the settlements, started each morning on
a circuit of 15 miles to discover the approach of Indians and give the
alarm. For this defense the Ohio Company paid a total of $11,350.90,
which was never repaid by the government. During the war the Indians
killed 38 settlers in the vicinity of Marietta.

Coming soon after Harmar’s tragic defeat, the Big Bottom massacre seemed
to justify the boast of the Indians that they would drive the white men
out of the Ohio Valley. Washington commissioned St. Clair to lead an
army of 2,000 men to punish the tribes. Starting from Fort Washington in
October, 1791, they reached the eastern fork of the Wabash at present
Fort Recovery, Ohio, on November 3, and encamped without suspicion of
danger. At dawn they were surprised by a large body of Indians and forced
to retreat with a loss of 900 men. As a result of the bitter criticism
directed against St. Clair, a committee of Congress investigated the
battle and found that the blame rested not upon St. Clair, but upon the
incompetence of the troops and the inadequacy of the equipment. This has
been before referred to as a besetting evil of early western campaigns.

The situation had become of serious national consequence. One of the
traits of Indian warriors was a desire to be on the winning side. Under
the impetus of two crushing defeats administered in quick succession
to the American troops, even those tribes which had been peaceable
and inoffensive began joining with the war-mad tribes and all white
settlements were endangered. There was strong reason to believe, as was
later substantiated, that the British who had not evacuated posts in
Michigan despite the Treaty of Paris, were aiding and abetting the red
man.

Washington realized that decisive steps must be taken if the Northwest
was to be saved to the United States, and appointed General “Mad” Anthony
Wayne of Revolutionary fame to lead the next expedition against the
Indians and their allies.

[Illustration: ANTHONY WAYNE

_Drawn by Herbert Krofft, Zanesville, Ohio_]

After two years of preparation in drilling his troops and building
several forts to protect supply trains, he led an army of 2,000 regulars
and 1,500 militia to the confluence of the Auglaize and Maumee Rivers.
Enroute from Fort Greenville he had performed a notable strategy, which
led the Indians on the westward to believe he would attack near present
Fort Wayne, Indiana, and those to the east to conclude that he would
attack them near present Toledo, Ohio. In reality he drove straight
north to the mouth of the Auglaize where he built Fort Defiance, and
thus, because of their absolute dependence upon the Maumee River for
transportation, split the Indian forces in half. Taking ample time and
with his now well-disciplined army, he attacked the Indians at Fallen
Timbers, west of present Toledo. Here, behind trees blown down by a
tornado, an army of 2,000 Indians waited for an attack. On the morning of
August 20, 1794, Wayne’s army finally crushed the strength and spirit of
the Indian hostility.

The British troops at Fort Miami, which was on American soil, four miles
away from the battlefield, did not go to the assistance of the Indians,
although a number of Canadian soldiers and officers were captured
or killed in the battle. This failure of support and the smashing
defeat which had been administered to them made possible the Treaty of
Greenville, made by Wayne with the Indians on August 5, 1795.

The boundary lines established by this treaty extended somewhat beyond
those of the Fort McIntosh Treaty of ten years before. What Wayne and the
Greenville Treaty did accomplish was to convince the Indians and their
British backers that America meant to hold the Northwest. They remained
convinced until the War of 1812, when the matter was settled for all time.

With the advent of peace, settlement of Ohio and the Northwest proceeded
rapidly. Virginians swarmed into the Military Tract reserved by her
deed of cession for bounty lands. Manchester, on the Ohio River, was
settled in 1791 by Colonel (later General) Nathaniel Massie, who also
settled Chillicothe in 1796. Chillicothe was to become later the first
territorial capital, then the first capital of Ohio.

When Connecticut ceded her claims to the Northwest Territory lands to the
United States, reservation had been made in the northeast corner of the
present state of Ohio—known as the “Western Reserve.”

A half million acres of this area were set off for the benefit of
Connecticut citizens who had suffered loss by fire at the hands of
the British in the Revolutionary War. These still bear the name of
“Firelands.” In 1795 Connecticut sold the portion of her reserved lands
east of the Cuyahoga River to a land company, and here in 1796 Moses
Cleaveland established the present city which bears his name.

In the central part of the state Franklinton, present Columbus, was laid
out in August, 1797. By 1800 the towns of Marietta, Cincinnati, North
Bend, Gallipolis, Manchester, Hamilton, Dayton, Franklin, Chillicothe,
Cleveland, Franklinton, Steubenville, Williamsburg and Zanesville and
many smaller settlements were in existence.

In the territory to the west settlers were now finding new homes.
Settlements around the old French trading posts and forts had grown
materially and new centers were springing up in an ever westward march.

The Northwest as an integral and thriving part of the United States was
definitely established.

While it would be interesting herein to follow through the developing
communities of those states later to be formed from the territory, the
purpose of this book apparently requires confinement of details to the
formative period of the territory, and, except in unusual cases, towns
and cities settled after 1800 will be left to state histories, which are
commonly available.

[Illustration: FORT HARRISON ON THE WABASH

_Drawn by Helen Jean Marshall, Grand Ledge, Michigan_]

The region now known as Indiana was traversed by La Salle, possibly along
the Ohio in 1670, along the St. Joseph and the Kankakee in 1679. French
traders were at the present site of Fort Wayne early in the eighteenth
century, and Fort Ouiatenon (southwest of Lafayette) was built by 1722.
Vincennes was established and a fort built there by 1732. This entire
region remained under French control until after the French and Indian
War, when it was surrendered to the English. Following victories at
Kaskaskia and Cahokia in the Illinois country, Americans under George
Rogers Clark captured Vincennes in 1779. While his expedition was
authorized by Governor Patrick Henry of Virginia as a state venture,
the final effect was to establish the claim of the United States to the
Northwest Territory sufficiently to secure cession by England in the
Treaty of Paris.

This event, followed by cession of state claims, opened up the Middle
West to the United States, except for Indian titles. The first American
settlement in Indiana was made at Clarksville in 1784.

The Treaty of Greenville, made by Wayne in 1795 gave the United States
undisputed title to the southwest corner of the present state of Indiana
and certain reservations for white settlements. Thus, a hundred and fifty
years ago it was the whites who were privileged to live on reservations
in Indian territory, rather than as has been the practice since the
memory of living men. The “Vincennes tract” and the “Clark grant” had
been occupied before the Northwest Ordinance was framed. There followed
the Treaty of Greenville, at irregular intervals, well into the middle
of the nineteenth century, more than fifty treaties of more or less
importance before all Indian titles had passed to the United States.

[Illustration: WILLIAM HENRY HARRISON HOUSE

_Drawn by Geneva Kirschoff, Vincennes, Indiana_]

In 1800 the population of Indiana Territory (the western part of the
Northwest Territory after its division) was 5641 people. Of these, 929
lived in the Clark grant and some 1500 others around Vincennes. Corydon
in southern Indiana succeeded Vincennes as the territorial capital
in 1813, and so remained when the state was admitted to the Union in
1816. At that time, some 15 counties had been established, all of them
in the southern part of the state. The state capital was removed to
Indianapolis, its present location, in 1825.

Illinois, located on the great Mississippi River highway of the French
explorers and missionaries, had attained a considerable repute for so
remote an area.

About 1700, Kaskaskia and Cahokia, near the present St. Louis, had
been settled as trading posts and, along with those erected in present
Michigan and Wisconsin, were links in a chain of proposed forts from
the St. Lawrence River to the Gulf of Mexico. Such was the intensity of
purpose of France with reference to the Northwest in the early 1700’s.

In 1712 the Illinois River had been made the northern border of the
Louisiana Territory.

As a result of the French and Indian War, however, the territory east of
the Mississippi and north of the Ohio River was ceded to England. Due to
the Pontiac Conspiracy, an alliance of most of the Indian tribes of the
Northwest, it was two years later before the French flag was lowered at
Fort Chartres and English dominion effected. As in all the rest of the
Northwest after that war, settlement was forbidden by royal decree until
around 1770, when settlers poured in from the seaboard colonies. As a
result, one of the great early colonial “land bubble” schemes centered in
southern Illinois.

In 1771, the Illinois settlers petitioned for, and, in fact, _demanded_,
a form of self-government; but this was refused by Great Britain and in
1774 the Quebec Act annexed the entire area to the Province of Quebec.
This all resulted in a considerable sympathy of the Illinois people for
the cause of the American colonists in the ensuing Revolutionary War.

[Illustration: FORT DEARBORN, CHICAGO

_Drawn by Helen Jean Marshall, Grand Ledge, Michigan_]

Fort Dearborn, established 1803, and now the site of America’s second
largest city, was captured in 1812 by the Indians, and as late as 1832
the Blackhawk War was fought in their last effort to retain title.

Due probably to the entrenched squatter settlements scattered through
the area, the “first American settlements” are disputed, although
Bellefontaine in the present Monroe County is regarded as the first.
Shawneetown and Edwardsville were early land offices, along with
Kaskaskia and Vincennes.

When lead ore was discovered at Galena in northwestern Illinois,
settlement spread rapidly there. As has been said, Chicago began with
Fort Dearborn in 1803, but at the time it was incorporated as a city in
1837, the village had but 4,170 inhabitants.

In 1809 the separate Territory of Illinois was created by Congress. The
territory entered its second phase of elective officers in 1812, and
in 1818 was admitted into the Union. Capitals had been at Kaskaskia,
1809-18; Vandalia, 1819-39; and thereafter at Springfield.

It is impossible to interpret the American phase of Michigan’s history
without a fairly thorough understanding of the earlier French and English
occupancies.

[Illustration: DETROIT IN 1815

_Drawn by Helen Jean Marshall, Grand Ledge, Michigan_]

The French explorer-missionary-trader parties had followed the water
courses of the Great Lakes and the Mississippi and other rivers, and
founded posts substantial enough, particularly at strategic points, to
survive as English and later American communities.

Cadillac settled Detroit in 1701, but the restraint to settlement
imposed by the English occupation—1763-1775—precluded any substantial
growth. Pontiac, the great Indian chieftain of the Ottawas, effected
his conspiracy and made a great effort to retain the territory for the
Indians.

Michigan was made a separate territory in 1805 (see chapter on Evolution
of the Northwest Territory), and became a state in 1837. The capital
had been at Detroit, and so remained until 1847, when it was moved to
Lansing.

As has been said, particularly of Illinois and Michigan, growth of
American settlement in Wisconsin cannot be dissociated from the French
era. Jean Nicolet is credited with being the first white man to explore
the region, in 1634. But all the noted French expeditions paved the way
for later trading posts and missions.

The Indian population of Wisconsin early in the seventeenth century
had probably been the largest of any area of similar size east of the
Mississippi River, and hence, with the adjacent Minnesota lands, the
region offered great attraction to the fur traders, and to missionaries.

Prairie du Chien and Green Bay were major settlements and county seats
of the first counties of the early era. While England held technical
possession of the territory—1763-1783—her occupation was ineffective and
of little importance. Wisconsin was, however, the last section of the
Northwest Territory to be evacuated by the British.

American traders entered “Ouisconsin” 1760-1766, and were later succeeded
by John Jacob Astor’s American Fur Company. The lead mines discovered
around present Galena, Illinois, by the Frenchman, Perrot, in the late
1600’s were a considerable factor in settlement. It is interesting to
note that negro slaves were used in these mines in 1820.

Set apart as a territory in 1836, with its first boundaries later changed
to the territory east of the Mississippi River in 1838, Wisconsin became
a state in 1848, with its capital at Madison.

Technically, under the Ordinance of 1787, all of the Northwest Territory
was to become not more than five states, and hence the present portion
of Minnesota lying east of the Mississippi represents one of those
adjustments of state boundaries established by Congress.

Like the areas of Michigan and Wisconsin, the Minnesota country was
first explored by the French, who established missions, developed the
fur trade, and conducted a search for the fabled northwest passage to
the Pacific. Perhaps the earliest of the French explorers to see the
Minnesota country were Radisson and Groseilliers, who may have pushed
into what is now part of the state not long after the middle of the
seventeenth century, and who came into contact with Sioux Indians in
1659-60. The region became known as a result of the visits of a number
of explorers, including Du Lhut, who explored the country between the
Mississippi and the St. Croix in the decade following 1679; Father
Hennepin, who discovered the Falls of St. Anthony in 1680; Perrot, who
laid formal claim to the upper Mississippi country for France in 1689;
Le Sueur, who built a post on Prairie Island in the Mississippi in 1695
and Fort L’Huillier on the Blue Earth River in 1700; La Perriére, who
established Fort Beauharnois on Lake Pepin in 1727; and La Vérendrye,
who with his sons and his nephew opened the great canoe route from Lake
Superior to Lake Winnipeg between 1731 and 1743. Along this route, which
he believed might connect with the northwest passage, he established a
chain of forts, including Fort St. Charles on the Lake of the Woods.

At Grand Portage, where La Vérendrye’s route to the West left Lake
Superior, a great fur trade depot developed in the French period and
continued to prosper after the arrival of the British in 1763. The
British were forced to abandon Grand Portage after 1816, but the white
occupation of the site has continued to the present. Among exploring
traders who entered the Minnesota country during the British period were
Jonathan Carver, Peter Pond, and David Thompson.

In southern Minnesota the earliest permanent white settlement grew up
in the American period near the mouth of the Minnesota River on a tract
that was acquired from the Indians by Lieutenant Pike in 1805. There
in 1819 Fort St. Anthony, later called Fort Snelling, was established.
To manufacture lumber for the fort, a government sawmill was built at
the Falls of St. Anthony in 1821-22. The first steamboat pushed up the
Mississippi to the Minnesota fort in 1823. Other white settlements
developed in the vicinity—Mendota across the Minnesota River from the
fort, St. Paul some miles down the Mississippi, and St. Anthony and
Minneapolis on the same stream above the fort at the Falls of St.
Anthony. Exploration continued in the American period. After Schoolcraft
discovered Lake Itasca, the source of the Mississippi, in 1832, it became
possible to determine definitely the northwestern boundary of what had
been the Northwest Territory. The upper valley of the Father of Waters
was explored also by Pike, Cass, Beltrami, and Nicollet.

In 1805 the United States acquired from the Indians tracts of land at the
mouths of the Mississippi and St. Croix rivers, and in 1837, the area
between the lower St. Croix and the Mississippi. Settlements began soon
afterward at Dakota (Stillwater), Marine, and St. Croix Falls, and it
was due in large part to the efforts of these settlements that what is
now eastern Minnesota was not included in Wisconsin. In 1848 a land boom
started at St. Paul and immigration to the region increased materially.
In 1849 the area of eastern Minnesota, which had been successively a
portion of the Northwest, Indiana, Illinois, Michigan, and Wisconsin
territories, became a part of the new Minnesota Territory, which was
admitted to the Union as a state in 1858. Indian title to lands in the
region was extinguished by treaties in 1854 and 1866.

Thus, eighty-one years after the first cession to the United States of
Indian lands in the Northwest Territory, territorial acquisition was
complete.

It is not fair to leave consideration of growth of settlements without
some mention of its religious aspect, particularly in view of the
portentous clauses of the ordinance, “Religion, morality and knowledge
being necessary to good government” and “no person, demeaning himself
in a peaceable and orderly manner, shall ever be molested on account of
his mode of worship.” It is impossible even to estimate the influence
of the French-Catholic missionaries upon the Indians and later white
settlers. Nor can we evaluate the effect of the early Moravian effort to
christianize the Indians in Ohio.

As soon as the Ohio Company settlers built their cabins, they provided
educational opportunities for their children. Aside from the Moravian
mission school for Indians at Schoenbrunn in 1773, the first school in
Ohio was opened for the small children at Belpre in the summer of 1789.
On the hill above Farmers’ Castle lived Colonel Israel Putnam, who
brought to Belpre many books that had belonged to his father, General
Israel Putnam. With these books as a nucleus, the Belpre residents formed
a library owned by a joint stock company with shares at ten dollars each.
It was variously called the Putnam Library, the Belpre Library, and the
Belpre Farmers’ Library. It was the first American circulating library in
the Northwest Territory.

A school was conducted at Marietta during the winter of 1788 by Tupper
in the northwest blockhouse of Campus Martius. Teachers were employed
regularly every year thereafter in Campus Martius and “The Point.” On
July 16, 1790, the Ohio Company made its first appropriation of $150.00
for the support of schools. According to the contract of the Ohio Company
with Congress, two townships near the center of the purchase were to be
given by the national government for a university. Under this provision
Ohio University was established at Athens in 1808 as the first state
university in the world under democratic government.




CHAPTER VI

EVOLUTION OF THE STATES OF NORTHWEST TERRITORY

Adapted from R. G. Thwaites: see Wisconsin State Historical Society
_Collections_ (Madison, Wis.) XI (1888), 451-496.


As further evidence of George Washington’s interest in the West, it
was he who first suggested boundary lines for the northwestern states.
September 7, 1783, he wrote to James Duane, Congressman from New York,
regarding the future of the country beyond the Ohio. After giving some
wise suggestions as to the management of both Indians and whites, he
declared that the time was ripe for the creation of a state there. Here
are the bounds proposed by the veteran surveyor:

[Illustration: NORTHWEST TERRITORY _with future state boundaries as
specified by the ORDINANCE OF 1787_]

“From the mouth of the Great Miami River, which empties into the Ohio,
to its confluence with the Mad River, thence by a line to the Miami fort
and village on the other Miami River, which empties into Lake Erie, and
thence by a line to include the settlement of Detroit, would, with Lake
Erie to the northward, Pennsylvania to the eastward and the Ohio to
the southward, form a government sufficiently extensive to fulfill all
the public engagements and to receive moreover a large population by
emigrants. Were it not for the purpose of comprehending the settlement of
Detroit within the jurisdiction of the new government, a more compact and
better shaped district for a state would be, for the line to proceed from
the Miami fort and village along the river of that name, to Lake Erie;
leaving in that case the settlement of Detroit, and all the territory
north of the rivers Miami and St. Joseph’s between the Lakes Erie, St.
Clair, Huron, and Michigan, to form hereafter another state equally
large, compact and waterbounded.”

Thus did Washington roughly map out the present states of Ohio and
Michigan.

Early in March, 1784, Congress instructed a committee to fashion a plan
of government for the Northwest Territory. Thomas Jefferson, who was
chairman, is given credit for drafting the committee’s report, which
was first taken up by Congress on April 19, 1784 and adopted after
some amendment. The original draft is famous for Jefferson’s fantastic
proposal to divide the Northwest on parallels of latitude, into ten
states with severely classical names: Sylvania, Michigania, Assenisipia,
Illinoia, Polypotamia, Chersonesus, Metropotamia, Saratoga, Pelisipia,
and Washington. While Congress practically accepted this system of
territorial division, his proposed names were rejected, and each section
was left to choose its own title when it should enter the Union.

These resolutions of April 23, 1784, lasted, on paper, until July 13,
1787, when the Congress of the Confederation adopted the Ordinance of
1787. The ordinance was specific in its provisions as to boundaries of
the states to be later formed from the territory. Whether this reflected
Washington’s and Jefferson’s contemplated division, or whether, as is
more probable, the statements of these men merely expressed a general
feeling that the West and the nation itself would prosper best by
pre-determination of boundaries, is not known.

Jefferson, in supporting his theoretical plan for sub-division, had urged
a row of smaller or “buffer” states between the settled states of the
East and those larger and presumably-to-become more powerful states along
the Mississippi River.

In any case, the boundaries of states yet to be created were closely
defined in article five of the compact, which, by its own terms, could
only be altered by mutual consent of both parties. This was to result in
almost continuous dispute for the next sixty years. Probably some fine
points of law could be raised as to the meaning of “common consent” as
applied to the “original states and _the people and states in the said
Territory_.” Congress was apparently the qualified representative of the
original states, but who could express the wishes of the “people and
states of the said Territory?” Could any one state—or two states—consent
to alterations, or must the entire territory also accede? With a definite
authority for consent to alteration on one side, and vague power and
conflicting interests on the other, the effect was that Congress
essentially made the decisions as to altering the original terms of the
compact.

Certainly, at the time, the geography of the Northwest Territory was not
accurately determined and this accounts for the later logic of some of
the changes made. The source of the Mississippi River, and therefore the
western boundary of the territory, was not known until 1832. Maps of the
period put the southern extremity of Lake Michigan some twelve miles
north of where it actually was. But, beyond these physical reasons for
not abiding by the terms of the compact, politics and selfish interests
played a considerable part as the Northwest Territory was divided first
into smaller territories and then into states.

More cynical people have been inclined to scoff at the worth of this
“sacred compact,” so blithely violated upon several occasions. Not only
do they propound the state boundaries incidents, but point out that the
ordinance itself was adopted and put in effect unconstitutionally because
only eight states voted for it, while the Articles of Confederation, then
the constitutional law of the nation, provided that the vote of nine
states was necessary to adoption.

The real value of the study of history lies first in having the exact
facts, and then regarding them in the broad light of their major trends,
and giving weight to details only as they may affect the whole. It is
easy and rather tempting to select and over-emphasize lesser incidents
of history and so, perhaps, distort the more important conclusions to be
drawn.

Congress did violate the Articles of Confederation in adopting the
ordinance, and the terms of the compact itself in determining the
boundaries of states, but as in other history, the action was based upon
the best knowledge available at the time, and, on the whole, the course
pursued has proved to be right and posterity has approved it.

Twelve years after the ordinance was passed, Congress made its first
division of the Northwest Territory. The act provided:

“That from and after the fourth day of July next, all that part of the
territory of the United States northwest of the Ohio River which lies to
the westward of a line beginning at the Ohio, opposite to the mouth of
Kentucky River, and running thence to Fort Recovery, and thence north
until it shall intersect the territorial line between the United States
and Canada, shall, for the purposes of temporary government, constitute a
separate territory, and be called the Indiana Territory.”

The country east of this line was still to be called the Northwest
Territory, with its seat of government at Chillicothe, while Vincennes
was to be the seat of government for Indiana Territory. That portion
of the line running from the point of the Ohio, opposite the mouth of
the Kentucky, northeastward to Fort Recovery, was designed to be but a
temporary boundary, it being one of the lines established between the
white settlements and the Indians, by the Treaty of Greenville, August 3,
1795.

The subsequent act of Congress, approved April 30, 1802, enabled “the
people of the eastern division” of the Northwest Territory, Ohio, to
draft a state constitution, and obliged them to take in their northern
boundary and accept therefor “an east and west line drawn through the
southerly extreme of Lake Michigan,” in accordance with the limits
prescribed by the original ordinance. In the Ohio State Constitutional
Convention, meeting at Chillicothe in November, this line had been
acceded to, until the members learned that an experienced trapper,
then in the village, claimed that Lake Michigan extended farther south
than was ordinarily supposed. It appeared that in the Department of
State, at Washington, there was a map which placed the southern bend of
Lake Michigan at 42° 20´, about 12 miles north of its actual location.
This map had been used by the committee of Congress which drafted the
Ordinance of 1787, and a pencil line was discovered upon it. The line
passed due east from the bend and intersected the international line at
a point between the River Raisin and Detroit. The Chillicothe convention
became alarmed by the trapper’s report of the incorrectness of Mitchell’s
map, and attached a proviso to the boundary article, as follows:

[Illustration: 1800]

[Illustration: 1805]

“_Provided always, and it is hereby fully understood and declared by
this convention_, That if the southerly bend or extreme of Lake Michigan
should extend so far south, that a line drawn due east from it should not
intersect Lake Erie, or if it should intersect the said Lake Erie east of
the mouth of the Miami River of the lake, then, and in that case, with
the assent of the Congress of the United States, the northern boundary
of this state shall be established by, and extending to, a direct
line, running from the southern extremity of Lake Michigan to the most
northerly cape of the Miami Bay.”

“The eastern division” of the Northwest Territory, now organized under
the name of the state of Ohio, was admitted to the Union in 1803.

[Illustration: 1809]

[Illustration: 1816]

On the eleventh of January, 1805, an act of Congress was approved,
erecting the Territory of Michigan out of “all that part of the Indiana
Territory which lies north of a line drawn east from the southerly
bend, or extreme, of Lake Michigan, until it shall intersect Lake Erie,
and east of a line drawn from the said southerly bend through the
middle of said lake to its northern extremity, and thence due north
to the northern boundary of the United States.” In short, the present
southern peninsula of Michigan had a southern boundary as established
by the Ordinance of 1787, and all that portion of the Upper Peninsula
lying east of the meridian of Mackinac. Congress had admitted Ohio to
the Union with a tacit recognition of the northern boundary laid down
in her constitutional proviso. Geographical knowledge of the West was
still so vague that this conflict of boundaries had been overlooked,
and Michigan Territory was allowed a southern limit which overlapped
the territory assigned to Ohio. Thus, when the southerly bend of Lake
Michigan became known, a serious boundary dispute arose. Michigan claimed
the ordinance was a compact which could not be broken by Congress, except
by common consent; but Ohio clung to the strip of country which the
constitution-makers at Chillicothe had secured for her in the eleventh
hour. The wedge shaped strip in dispute averaged six miles in width,
across Ohio, embraced 468 square miles, and included Toledo and the mouth
of the Maumee River. May 20, 1812, Congress passed an act to determine
the boundary; but owing to the impending war with Great Britain, the
lines were not run until 1818, and then not satisfactorily. July 14,
1832, another act of Congress for the settlement of the northern limit
of Ohio was passed. The situation of the compact had further complicated
the territorial boundary when Congress attached the northeastern part
of Louisiana purchase to Michigan Territory for temporary purposes of
government.

[Illustration: 1818]

[Illustration: 1837]

By that time Michigan had begun to urge her claims to statehood,
insisting on the southern boundary prescribed for the fourth and fifth
states by the ordinance. The state of Virginia, as the chief donor of
land, was asked to intercede in behalf of Michigan. Virginia officials
were in accord with Michigan’s contention, but failed to produce any
effect on Congress, to whose dominant party the political sympathy of
the actual state of Ohio was more important than the good-will of the
prospective state of Michigan. Without waiting for an enabling act,
a convention held at Detroit in May and June, 1835, adopted a state
constitution for submission to Congress, demanding entry into the Union,
“in conformity to the fifth article of the ordinance.” The boundaries
sought were those established by the fifth article. That summer there
were a few disturbances in the disputed territory, and some gunpowder was
harmlessly wasted. In December, President Andrew Jackson laid the matter
before Congress in a special message. Congress quietly determined to
arbitrate the quarrel by giving the disputed tract to Ohio and offering
Michigan the whole of what is today her Upper Peninsula. However,
Michigan did not want this supposedly barren and worthless country to
the northwest, and protested against what was deemed an outrage. It was
declared that Michigan had no interest in the north peninsula, and was
separated from it by natural barriers for one-half of the year. It was
further pointed out that the upper peninsula rightfully belonged to the
fifth state to be formed out of the Northwest Territory. But Congress
demanded the settlement of this dispute before the admission of Michigan
into the Union. In September, 1836, a state convention, called for the
sole purpose of deciding the question, rejected the proposition on the
ground that Congress had no right to annex such a condition, according to
the terms of the ordinance. A second convention, however, approved it on
December 15 of the same year, and Congress at once accepted this decision
as final. Thus Michigan came into the Union on January 22, 1837, with the
same boundaries which she possesses today.

The creation of Michigan Territory in 1805 had left Indiana Territory
with the Mississippi River as its western border, the Ohio River as its
southern, the international boundary line and the south line of Michigan
as its northern, while its eastern limits were the west line of Ohio, the
middle of Lake Michigan and the meridian of Mackinac. This included the
present states of Indiana, Illinois, Wisconsin, part of Minnesota, and
the greater part of the Michigan upper peninsula.

[Illustration: 1848]

[Illustration: 1858]

The next division was ordained by act of Congress, approved February 3,
1809, when that portion of Indiana Territory lying west of the lower
Wabash River and the meridian of Vincennes north of the Wabash became the
Territory of Illinois. Indiana was thus left with her present boundaries,
except that she owned a funnel-shaped strip of water and of land just
west of the middle of Lake Michigan, between the Vincennes meridian and
what was then western boundary of Michigan Territory, including that part
of the present upper Michigan peninsula between the meridians of Mackinac
and Vincennes, and her northern boundary was ten miles south of the
present state boundary.

When Indiana was admitted to the Union, December 11, 1816, by act
approved April 19, 1816, her northern boundary was established by
Congress on a line running due east of a point in the middle of Lake
Michigan ten miles north of the southern extreme of the lake. This
again was a flagrant violation of the ordinance, with the excuse that
Indiana must be given a share of the lake coast. Since there were then no
important harbors or towns involved, Michigan made no serious objection
to this encroachment on her territory.

The contraction of the northern boundaries of Indiana left the previously
mentioned strip of water in Lake Michigan and the northern peninsula
country literally a “No Man’s Land.” States and territories had been
formed around it, but this rich section of ore and pine lands was left
for a while unclaimed.

The act of April 18, 1818, enabling Illinois to become a state, cut down
her territory to its present limits. The northern boundary of Illinois
was fixed at 42° 30´, which is over 61 miles north of the southern bend
of Lake Michigan, the northern boundary prescribed by the ordinance for
the fourth and southern boundary of the fifth states to be formed. What
later became Wisconsin was thereby deprived of 8,500 square miles of
rich agricultural and mining country and numerous lake ports. This was
done through the manipulation of Nathaniel Pope, Illinois’ delegate in
Congress at that time. Pope argued that Illinois must become intimately
connected with the growing commerce of the northern lakes, or else her
commercial relations upon the rivers to the south might cause her to join
a southern confederacy in case the Union were disrupted. Illinois became
a state December 3, 1818. Congress assumed the right to govern and divide
the territory in the Northwest to suit itself, regardless of the solemn
compact of 1787, and there seemed nothing to do but submit. The future
proved that Michigan had been more than repaid for the loss of the Ohio
border strip when she acquired the northern peninsula. However, Wisconsin
lost this tract of territory which belongs to her geographically, and
also the southern part of the state, which had been contemplated by the
ordinance.

By act of June 12, 1838, Congress still further contracted the limits
of Wisconsin Territory by adding the trans-Mississippi tract she had
“inherited” from Michigan Territory to the new Territory of Iowa.
However, this was in accordance with an earlier design when the northern
Louisiana purchase country between the Mississippi and Missouri Rivers
was attached to Michigan Territory for purposes of temporary government.

Wisconsin remained so bounded until the act of Congress approved August
6, 1846, enabled her people to form a state constitution. Settlements
had now been established along the upper Mississippi and in the St.
Croix Valley. While this area had been part of the original Northwest
Territory, and was then part of Wisconsin Territory, it was far removed
from the bulk of settlement in southern and eastern Wisconsin, and
rather than be so remote from the rest of the state population, the
settlers desired to join the new Territory of Minnesota, which was to
be formed west of the Mississippi. They brought strong influences to
bear in Congress, and an enabling act gave Wisconsin practically the
same northwestern boundary that she has today—from the first rapids
of the St. Louis River due south to the St. Croix River and thence to
the Mississippi. This cut off an area of 26,000 more square miles from
Wisconsin and assigned it to Minnesota. There was a sharp fight over the
matter, both in Congress and in the Wisconsin Constitutional Convention
of 1846 and 1847-48, with the result that the people of the St. Croix
region won. Wisconsin was admitted into the Union, by act approved May
29, 1848.

The remaining portion of the original Northwest Territory west of
Wisconsin finally became a part of the Territory of Minnesota, admitted
as a state May 11, 1858.




CHAPTER VII

THE SIGNIFICANCE OF THE ORDINANCE OF 1787


The name “Old Northwest” implies that the five states included in it
share a common historical and social background. Between its southern
end, which looks down upon the beautiful Ohio, and its northern
extremity, lapped by the blue waters of Huron and Superior, there are
wide variations of geographic and economic conditions; yet the teeming
millions who now inhabit this region are conscious of an identity of
interests, and of a common outlook upon life, which gives to this section
an individuality as distinct as that possessed by the people of New
England, or of the Old South.

Any explanation of this individuality leads inevitably to the Ordinance
of 1787. As mountain peaks overtop the surrounding plain, a few great
legislative acts in our history tower above the vast body of statutes
which fill the books in our law libraries. Magna Charta, extorted from
reluctant King John at Runnymede 700 years ago, is one such document;
the Quebec Act of 1774, fateful for the future of Canada and the United
States, is another. Of like character are our Federal Constitution,
and the Ordinance of 1787, both drafted in the same year; one for the
government of the American nation, the other for the government of the
land lying north and west of the Ohio River.

The Old Northwest was chiefly a wilderness in 1787, but it was not
a vacant wilderness. Everywhere were the native red men, who quite
naturally viewed the country as their own, to be defended to the last
extremity of their power. At many points—Detroit, Maumee Rapids, Fort
Wayne, Vincennes, Kaskaskia, Cahokia, St. Joseph, Prairie du Chien, Green
Bay, and Mackinac, to mention a few—were civilized communities which
had been founded by the French during the century which ended with the
English Conquest of Canada in 1760. Following this, British officials and
army officers, traders and adventurers, had entered the western country,
and in many instances had inter-married with the older French and Indian
population. Although the Treaty of Paris of 1783 had given the West to
the new United States, with the Great Lakes and the Mississippi as its
northern and western boundaries, the close of the Revolution found Great
Britain and the Indians in actual possession of all but the southern tip
of the Old Northwest, and this possession she did not surrender until the
summer of 1796.

Thus before settlers from the seaboard colonies could occupy the country
north of the Ohio, the British government must be expelled from it, and
the Indian tribes must be conquered by the United States. The leaders
who formed the Ohio Company were substantial New Englanders, many of
whom had been officers in the Revolutionary War. They were familiar from
infancy with the New England system of local government, and while they
were ready to remove to the western country, to develop new homes in the
wilderness, they had no thought of abandoning the shelter of organized
government. South of the Ohio, settlers had moved into the western
country on their individual responsibility, depending upon Virginia and
their own resources for protection against savages and wilderness alike.
This had been possible because the Kentucky country was not only a rich
land of mild climate, but because it had long been a vacant wilderness,
where no Indians lived, and no foreign government exercised jurisdiction.
So the Boones and Kentons, and their comrades, had moved in before
asking permission or protection from any civilized government. The New
Englanders, on the contrary, had occupied the wilderness by organized
communities, and from ancient habit had organized new towns as fast as
they pushed the line of frontier settlement westward and northward. The
Indians in the Ohio country were determined to keep the Americans out of
it, and they enjoyed the sympathy and support of the British officials.
Thus there was every reason why the intruding settlers should insist upon
having an organized government go with them into the Northwest.

[Illustration: LAND SURVEYS IN OHIO WITH EARLY POSTS AND SETTLEMENTS]

So their spokesman went to New York, and persuaded the Confederation
Congress to give them the government they wished, and the Ordinance of
1787 was passed. It has been described in earlier chapters, and the
purpose of this final section is to show how it influenced the future
development of the Old Northwest, and the United States.

The object of the Ordinance is fully stated in its title, “An Ordinance
for the Government of the Territory of the United States Northwest of the
Ohio River.” It contains two principal parts; the first describes the
actual scheme of the government to be erected, while the second contains
six articles which are declared to be a “compact” between the people of
the original states and the people of the Northwest Territory. At that
time the word “compact” was applied to the most solemn agreement known
to political science, and the six articles of the present one were to
“forever remain unalterable,” unless changed by the common consent of the
two parties concerned in it.

The thirteen colonies, which in 1776 declared their independence from
England, all lay east of the Alleghany Mountains, with their settled
portions extending barely two hundred miles inland from the seashore.
Today our country extends from ocean to ocean, a distance of three
thousand miles. It was the governmental conception which first found
concrete expression in the Ordinance of 1787 which made possible this
vast westward expansion of our country, and its development from a union
of thirteen seaboard states into a continent-wide nation of forty-eight.

It came about this way: Before the American Revolution, colonies were
universally regarded as dependencies, to be governed by the mother
country for the promotion of its own advantage. After the conquest of
Canada, the British ministry decided to maintain a standing army in
America, and since the colonies were to be protected by it, the ministry
determined that they should be taxed to support it. The colonists,
however, refused to submit to such taxation, and after a long period
of argument and debate, made good their refusal by waging a successful
war against their king. This success marked the death of the old
British Empire, and led directly to one of the most momentous political
discoveries in human history.

The colonists had refused to be treated any longer as mere dependents,
subject to the control of a distant parliament, in which they were
not represented. But even before independence had been won, they
found themselves face to face with the same problem, _how to govern a
dependency_, which had baffled the wit of the British ministry. Some of
the colonies had claims to portions of land west of the Alleghanies.
Other colonies had none, and Maryland in particular demanded that all
should share in the ownership of the western country which had been won
by the “common blood and treasure” of all the colonies.

[Illustration: “_No colony in America was ever settled under such
favorable auspices as that which has just commenced at the Muskingum.
I know most of the men personally, and there never were men better
calculated to promote the welfare of such a community._”—GEORGE
WASHINGTON.

“—_that ordinance was constantly looked to whenever a new territory was
to become a state. Congress always traced their course by the Ordinance
of 1787._”—ABRAHAM LINCOLN.]

The debate over this issue went on for several years in the Continental
Congress, Maryland, meanwhile, stoutly refusing to accept any federal
government until her demand concerning the western country should be met.
Out of the long debate was gradually evolved a new political conception
for the government of dependencies. The states having claims to lands
in the western wilderness ceded them to the general government, to be
administered for the common benefit of all; and Congress solemnly pledged
that the country thus given to the nation should be organized into new
states, which would be admitted to the Union _on a basis of equality with
the existing states_.

This program for the government of America’s own colonial domain
eliminated at a single stroke the grievance which had driven the older
colonies into rebellion against their king and country. For their
complaint, at bottom, was that they were regarded as politically
inferior to their countrymen at home, subject to be governed forever by
the latter, without regard to their own views or desires. The American
program said, in effect, to the western colonists: “While you are few in
numbers, strangers to one another, and menaced by hostile forces outside
yourselves, the nation will govern and protect you, as a parent governs
and protects his child; but as soon as you reach a state of maturity
where you can do these things for yourselves, you will be admitted to the
union of states, with the same powers and privileges that all the rest
enjoy.”

[Illustration: “_In truth the Ordinance of 1787 was so wide reaching in
its effect, was drawn in accordance with so lofty a morality and such far
seeing statesmanship, and was fraught with such weal for the nation, that
it will ever rank among the foremost of American State papers._”—THEODORE
ROOSEVELT.

“—_with respect to that third great charter—the Northwest Ordinance. The
principles therein embodied served as the highway, broad and safe, over
which poured the westward march of our civilization. On this plan was the
United States built._”—FRANKLIN D. ROOSEVELT.]

Thus, and only thus, could the American nation ever have been extended
“from sea to shining sea.” The great political discovery which made
this extension possible was hammered out in the heat of debate over
the formation of our first national union, the government of the
Confederation, which came into being in 1781. But it was first given
concrete application in the Ordinance of 1787, which provided the form
of government for the territory northwest of the Ohio River. This
principle, unconfined by the boundaries of the Old Northwest, extends to
all the continental expansion of the United States; while Great Britain,
profiting by the lessons of experience, has granted self-rule to Canada,
South Africa, New Zealand, and Australia, and is gradually extending it
to India and Egypt.

The ordinance provided for two stages of government. In the beginning,
all political control was entrusted to a governor and three judges,
appointed by the federal government, who exercised the supreme executive,
legislative, and judicial powers of the territory, and were answerable
solely to the President and Congress of the United States. The territory
in this first stage was a colony, whose citizens were without the powers
of self-government.

As soon, however, as there were 5,000 free adult male inhabitants in
the territory, the second stage of government was to be set up. This
provided for a general assembly of two houses: the members of one elected
by the voters; of the other, by a procedure in which both the voters
and the national government shared. To resort again to the analogy of
the minor child, we may compare the territory in this second stage with
a boy of fourteen or fifteen, old enough to govern himself in ordinary
matters, but still in need of parental guidance and control whenever more
important problems arise. This state of partial self-government was to
be terminated whenever the population of any of the future states (for
which Article 5 of the compact made provision) should equal 60,000 free
inhabitants. At such time the people might frame a state constitution and
government, and be admitted to the Union “on an equal footing with the
original states in all respects whatever.” The child had now become a
man, invested with all the privileges and responsibilities of manhood’s
estate.

Turning to the articles of the compact, Article 5 provides that not
less than three, nor more than five, states should be formed from the
entire territory, and the north-south boundaries of the three were
fixed at approximately the present Ohio-Indiana and Indiana-Illinois
lines, extended northward to Canada. If Congress should later see fit
to do so, however, it might organize either one or two states in that
portion of the territory lying north of an east and west line through
the southern extreme of Lake Michigan. Congress eventually organized two
northern states, but the provision concerning their southern boundary was
ignored, and Ohio, Indiana, and Illinois all gained important accessions
of territory north of the “Ordinance line,” at the expense, of course,
of the two northern states. Although there was much opposition in
Michigan and Wisconsin to these changes, in the end the will of Congress
prevailed, and the compact of the ordinance with respect to boundaries
was disregarded.

Thus, the five great commonwealths of the Old Northwest owe their
existence, and the approximate location of their boundaries, to the
Ordinance of 1787. All were governed as territories on the plan
prescribed by the ordinance before their admission to statehood. The
territorial period for each was marked by political discord, and numerous
complaints were made against the officials the President placed over the
territories. Many of these complaints were well-founded, but one would
hesitate to affirm that any other form of government could have been
devised to operate better. The inhabitants always had the consolation of
knowing that their period of political dependence was but temporary, and
that as soon as they should have the necessary population they would be
invested with the powers and responsibilities of statehood.

We must now note briefly certain matters which are closely associated
with the story of the Ordinance of 1787.

The corner-stone of our civilization is the institution of private
property. Before the Northwest could be settled, the government had to
provide for the division of the land into suitable tracts, and its sale
to settlers. In 1785 the ordinance creating our national land-survey
system was passed, and not long thereafter the first survey of federal
lands, that of the Seven Ranges in southeastern Ohio, was begun.

Beginning in 1790, the government waged a five-year war in Ohio and
Indiana, resulting in the overthrow of the Indian Confederacy. In 1796
the British government withdrew its garrisons, and its _de facto_
government, which had continued until then in all the northern two-thirds
of the Old Northwest, ceased to exist. In 1812 the region was reconquered
by the British, but their rule this time lasted only a year, when it was
ended for all time by the gun-fire of Commodore Perry’s cannon in the
battle of Lake Erie. Meanwhile, by a long series of treaties with the
Indians, beginning with Anthony Wayne’s Treaty of Greenville in 1795, the
red man’s title to the country was quieted. Government surveyors swarmed
over the land, preparing it for purchase and occupancy by the oncoming
tide of white settlers. Just sixty years after the appearance on the Ohio
of the little band of Yankees who founded Marietta, Wisconsin, youngest
of the five commonwealths of the Old Northwest, was admitted to the Union
of States. The red race had given place to the white; civilization had
succeeded barbarism; the wilderness had been transformed into cultivated
fields and thriving cities and towns.

Certain of the articles of compact between the old states and the new
demonstrate the advanced thought of the men who framed the ordinance. The
first article guarantees forever complete freedom of religious belief
and worship. Probably most Americans accept this precious privilege as
they do the air they breathe, without giving any particular thought to
its value or how it came to them. Yet even today, in many parts of the
civilized world, freedom of religious belief and worship is conspicuously
lacking.

In other important respects, too, the framers of the ordinance were
far in advance of their age—in advance, even, of that more famous body
of legislators who framed our national constitution. Included in the
articles of compact is a provision guaranteeing the sanctity of private
contracts—the first appearance of such a guarantee in any charter of
government. This was copied into the United States Constitution, where
it became the basis of the vast development of private corporations with
which we are today familiar. In 1819 the Supreme Court, in the famous
Dartmouth College Case, carried this guarantee to its logical conclusion
by ruling that a charter or franchise is a contract, which, once granted
by a state legislature or other governing body, cannot be withdrawn.

Of tremendous portent to our social system of today was the abolition
of the age-old law of primogeniture, the concept that the eldest son
alone should inherit the real estate of his parents. Thomas Jefferson
had long contended in the Virginia legislature for the adoption of this
reform, but it remained for the Ordinance of 1787 to make the first legal
provision whereby children should share equally the estates of their
parents.

Another provision, well in advance of the age, affords perhaps the
most notable sentence in the entire document: “Religion, morality,
and knowledge, being necessary to good government and the happiness
of mankind, schools and the means of education shall forever be
encouraged.” In 1787 “schools and the means of education” found very
little encouragement over most of the face of the globe. Today, America
is dedicated to the ideal of universal education, and nowhere is more
liberal encouragement extended to education than in the five states of
the Old Northwest.

In its original contract with the Ohio Company, Congress agreed to give
two townships of land for “the uses of a university.” In 1795, with
the ink scarcely dry on General Wayne’s treaty with the red men at
Greenville, the “college townships” were located and surveyed. In 1802
the legislature of the Northwest Territory passed an act establishing
a university in the village of Athens—the first legislative act passed
west of the Alleghany Mountains, for the advancement of higher education.
Today, each of the five states not only maintains at public expense a
great state university, but the pattern set in 1787 has resulted in a
nationwide system of colleges and universities aided by grants of public
lands. The principle, here originated, of devoting fixed portions of the
public lands to the support of schools and education has produced the
broadest plan of universal education in the world, providing thereby the
most essential aid to the existence of democratic self-government.

In still another respect the ordinance expressed a noble ideal, which,
unfortunately, was destined not to be realized. At a time when the
Indians of the Old Northwest were determined to prevent the Americans
from ever entering the country, the ordinance held out to them the
doctrine of the Golden Rule; they should ever be treated with the utmost
good faith, their rights and liberties should be respected, and “laws
founded in justice and humanity” should be enacted for preserving peace
and friendship with them. If such an ideal could be generally realized
between nations today, it would free a war-oppressed world from the
greatest menace which threatens the continued existence of civilized
society.

Another article in the compact proclaimed navigable waters leading into
the Mississippi and the St. Lawrence to be common highways, “forever
free” to the people of the United States. It is this guarantee which
permits the humblest citizen of our country to use and enjoy the rivers
and lakes of the Old Northwest for purposes of recreation and travel—a
freedom which, but for this guarantee, would frequently be denied him by
individual and corporate owners of real estate.

One final provision demands our attention. In 1787 the institution of
human slavery existed in all but one of the states of the Union. But many
humane and far-sighted men recognized its evils, and one in particular,
Thomas Jefferson of Virginia, was unwearied in his efforts to abate it.
Although Jefferson was not the author of the Ordinance of 1787, it was
largely because of his influence that its final article dedicated the Old
Northwest—then, of course, the _new_ Northwest—to freedom. “There shall
be neither slavery nor involuntary servitude in the said territory ...”
the article begins, continuing with certain provisos respecting criminals
and fugitives from justice. Several decades were to pass before the soil
of the Old Northwest endured its last pollution from the footprints of a
slave, but the prohibition proved an effective ban against the widespread
expansion of slavery over the territory, and eventually exterminated it
here completely. In doing so, the ordinance prepared the way for its
ultimate extermination in the nation; for when civil war came and North
and South faced each other on the field of battle during four awful
years, it was the exuberant might of the free Northwest which decided the
issue in favor of permanent Union and human freedom.

In 1787 the United States was a feeble confederacy of less than three
million souls, almost all of whom dwelt within two hundred miles of the
Atlantic seaboard. Today it stretches from sea to sea with a population
of nearly 130,000,000. The thirteen original states have increased to
forty-eight great and harmonious commonwealths. In the five states of
the Old Northwest dwell 26,000,000 people. Mere numbers do not mean
everything, however, else China and India would be the world’s foremost
nations. The Old Northwest is today the political and industrial heart
of the nation and, although the territory comprises but one-twelfth of
the land area, one-fifth of the nation’s population lives within its
boundaries.

The time that has elapsed since 1787 may be spanned by the lives of two
elderly men, yet the changes which have been wrought in the Old Northwest
since the first feeble American beginnings at Marietta would have
staggered the imagination of any man then alive. Here began the political
expansion of the United States; here the principles which made possible
the development of the nation we know today were first concretely
applied. Such is the historical significance of the Ordinance of 1787.

[Illustration: FREE SCHOOLS, FREE CHURCHES, FREE SOIL, FREE MEN

_Drawn by Mary Brent Davis, Coshocton, Ohio_]




CONDENSED BIBLIOGRAPHY OF WORKS ON THE ORDINANCE OF 1787 AND THE HISTORY
OF THE NORTHWEST TERRITORY

Compiled by GEORGE J. BLAZIER _Historian to the Commission_


This bibliography comprises general works relating to the Northwest
Territory. To students desiring a more complete reference list, an
extended bibliography prepared by the Commission will be sent without
charge upon request. For additional works on the subject, and for single
and local phases thereof, the reader is also directed to the best
bibliographical works as follows:

  Bradford, Thomas L.; and Henkels, Stanislaus V. Bibliographer’s
  manual of American history. Philadelphia, Henkels & Co., 1907-10.
  5v.

  Channing, Edward; Hart, Albert B.; and Turner, Frederick J. Guide
  to the study and reading of American history. Rev. and augm. ed.
  Boston, Ginn & Co., 1912. 650p.

  Griffin, Grace G. Writings on American history, 1906-date.
  New York, Macmillan Co.; Washington, Govt. print. off.; etc.,
  1908-date. v.13-date published as Supplement to the Annual Report
  of the American Historical Assn., 1918-.

  Larned, Josephus H., ed. Literature of American history, a
  bibliographical guide. Boston, A. L. A. pub. board, 1902.
  596p. Supplement for 1900 and 1901, ed. by P. P. Wells. 37p.
  Supplements for 1902, 1903 appeared in series: Annotated titles
  of books on English and American history. Boston, A. L. A. pub.
  board. Supplement for 1904. Boston, A. L. A. pub. board.

  McLaughlin, Andrew C.; Slade, William A.; and Lewis, Ernest D.
  Writings on American history, 1903. Washington, Carnegie Inst.,
  1905. 172p.

  Richardson, Ernest C.; and Morse, Anson E. Writings on American
  history, 1902. Princeton, N. J., Univ. library, 1904. 294p. Same,
  1903. Washington, Carnegie Inst., 1905. 172p.

_The reader is directed especially to the publications of the following
historical societies whose publications are not specifically listed here:_

  American Historical Association.
  Mississippi Valley Historical Association.
  Ohio Valley Historical Association.
  Illinois Catholic Historical Society.
  Illinois State Historical Society.
  Indiana Historical Society.
  Michigan Pioneer and Historical Society.
  Minnesota Historical Society.
  Historical and Philosophical Society of Ohio.
  Ohio State Archaeological and Historical Society.
  Western Reserve Historical Society.
  State Historical Society of Wisconsin.

_For information on manuscript collections, address the secretaries of
the historical societies listed above._


ABRIDGED BIBLIOGRAPHY

  Adams, Henry. History of the United States of America. New York,
  C. Scribner’s Sons, 1889-91. 9v.

  Adams, Herbert B. Maryland’s influence upon land cessions to the
  United States. Baltimore, Johns Hopkins university, 1885. 102p.
  (Johns Hopkins university studies in historical and political
  science. 3rd ser., I) See p. 44-54.

  Adams, Randolph G. The papers of Lord George Germain; a brief
  description of the Stopford-Sackville papers is now in the
  William L. Clements library. Ann Arbor, William L. Clements
  library, 1928. 46p.

  Alden, George H. New government west of the Alleghanies before
  1780. Madison, Wis., The university, 1879. 74p.

  Alvord, Clarence W. Centennial history of Illinois. Springfield,
  Ill., Illinois Centennial commission, 1920. 2v. The Mississippi
  Valley in British politics. Cleveland, Arthur H. Clark Co., 1917.
  2v.

  Andrews, Israel W. The Northwest territory. Its ordinances and
  its settlement. (In Magazine of American history, Aug. 1886, v.
  16, p. 133-147.)

  Avery, Elroy M. History of the United States and its people.
  Cleveland, Burrows Bros. Co., 1904-10. 7v.

  Baldwin, James. Conquest of the Old Northwest. New York;
  Cincinnati, etc. American Bk. Co., 1901. 263p.

  Bancroft, George. History of the formation of the Constitution.
  New York, D. Appleton & Co., 1882. 2v. History of the United
  States, from the discovery of the continent. Last revision. New
  York, D. Appleton & Co., 1888. 6v.

  Barce, Elmore. The Land of the Miamis; an account of the struggle
  to secure possession of the Northwest from the end of the
  Revolution until 1812. Fowler, Ind., Benton review shop, 1922.
  422p.

  Barrett, Jay A. Evolution of the Ordinance of 1787; with an
  account of the earlier plans for the government of the Northwest
  territory. New York, G. P. Putnam’s Sons, 1891. 94p. (University
  of Nebraska. Depts. of history and economics. Seminary papers,
  No. 1) Authorities: p. 89-94.

  Beer, George L. British Colonial policy, 1754-1765. New York, P.
  Smith, 1933. 327p.

  Bodley, Temple. George Rogers Clark; his life and public service.
  Boston & New York, Houghton Mifflin Co., 1926. 425p.

  Bond, Beverley W. The civilization of the Old Northwest; a study
  of political, social, and economic development, 1788-1812. New
  York, Macmillan Co., 1934. 543p.

  Boyd, Thomas A. Mad Anthony Wayne. New York, London, C.
  Scribner’s Sons, 1929. 351p.

  Burnet, Jacob. Notes on the early settlement of the Northwest
  territory. New York, D. Appleton & Co. Cincinnati, Derby, Bradley
  & Co., 1847. 501p.

  Carter, Clarence E. Great Britain and the Illinois country,
  1763-1774. Washington, American Historical Assn., 1910. 223p.

  Chaddock, Robert E. Ohio before 1850; a study of the early
  influence of Pennsylvania and southern populations in Ohio. Ph.
  D. thesis, Columbia Univ., 1908. 155p.

  Channing, Edward. History of the United States. New York,
  Macmillan Co., 1927-30. 6v.

  Coles, Edward. History of the Ordinance of 1787. Read before the
  Historical society of Pennsylvania, June 9, 1856. Philadelphia,
  Press of the Society, 1856. 33p.

  Cutler, William P. The Ordinance of July 13, 1787, for the
  government of the territory northwest of the river Ohio. With
  an appendix containing valuable historical facts. Marietta, O.,
  E. R. Alderman & Sons, printers (1887?) 48p. Read before the
  Ohio State Archaeological and historical society, Feb. 23, 1887.
  Life, journals and correspondence of Rev. Manasseh Cutler, LL.D.
  By his grandchildren. Cincinnati, R. Clarke & Co., 1888. 2v.
  The Ordinance of 1787, and its history, by Peter Force, v. 2, p.
  407-427.

  Dane, Nathan. Letters of Nathan Dane concerning the Ordinance of
  1787. Indianapolis, Indiana historical society, 1831. 7p.

  Darlington, William M., ed. Christopher Gist’s journals.
  Pittsburgh, J. R. Weldin & Co. 1893. 296p.

  Detroit, Public Library. The Burton historical collection of the
  Detroit Public Library. Detroit, 1928? 16p.

  Dillon, John B. History of the early settlement of the
  Northwestern territory. Indianapolis, Ind., Sheets & Braden,
  1854. 456p.

  Doddridge, Joseph. Notes on the settlement and Indian wars of the
  western parts of Virginia and Pennsylvania from 1763 to 1783.
  Pittsburgh, Pa. J. S. Ritenour & W. T. Lindsey, 1912. 320p.

  Donaldson, Thomas. The public domain. Washington, Govt. print.
  off., 1884. 1343p. The Ordinance of 1787: p. 146-163.

  Downes, Randolph Chandler. Frontier Ohio, 1788-1803. Columbus,
  Ohio, Ohio state archaeological and historical society, 1935.
  280p. (Ohio historical collections, v. 3) Bibliography: p.
  253-268.

  Dunn, Jacob P. Indiana, a redemption from slavery. Boston and New
  York, Houghton Mifflin Co., 1892. 453p. (American commonwealths,
  ed. by H. E. Scudder. v. 12) See p. 177-218.

  English, William H. Conquest of the Northwest, 1778-1783; and
  life of Gen. George Rogers Clark. Indianapolis, Ind., & Kansas
  City, Mo., Bowen-Merrill Co., 1896. 2v.

  Farrand, Max. Development of the United States from colonies to a
  world power. Boston & New York, Houghton Mifflin Co., 1918. 355p.
  The legislation of Congress for the government of the organized
  territories of the United States, 1789-1895. Newark, N. J. W. A.
  Baker, printer, 1896. 101p. See p. 3-12. The United States. New
  York, Century Co., 1920-. 3v.

  Fiske, John. Critical period of American history, 1783-1789.
  Boston & New York, Houghton Mifflin Co., 1888. 368p.

  Gabriel, Ralph, ed. Pageant of America: a pictorial history of
  the United States. New Haven, Yale Univ. Press, 1925-29. 15v.

  Galbreath, Charles B. The Ordinance of 1787, its origin and
  authorship. (In Ohio archaeological and historical quarterly,
  1924, v. 33, p. 110-175.)

  Gannett, Henry. Boundaries of the United States and the several
  states and territories. (In U. S. Geological survey. Bulletin,
  226.)

  Gilmore, William E. The Ordinance of 1787. Some investigations
  as to the authorship of the famous sixth article. (In Ohio
  archaeological and historical quarterly, 1905, v. 14, p. 148-157.)
  In support of the assertion that Nathan Dane was the author of
  the article prohibiting slavery in the Northwest Territory.

  Haight, Walter C. The binding effect of the Ordinance of 1787.
  Ann Arbor, 1897. 60p. (Publications of the Michigan political
  science association, vol. II, No. 8) Bibliography: p. 59-60.

  Hall, Charles S. Life and letters of Samuel Holden Parsons, chief
  judge of the Northwestern Territory, 1787-1789. Binghamton, N.
  Y., Otseningo Pub. Co., 1905. 601p.

  Hammell, George M. The Ordinance of 1787 and the Ohio
  constitution of 1802. (In Twentieth Century magazine, Nov. 1911,
  v. 5, p. 55-58.)

  Hanna, Charles A. The wilderness trail. New York & London, G. P.
  Putnam’s Sons, 1911. 2v.

  Hart, Albert B., ed. The American nation: A history from original
  sources by associated scholars. New York & London, Harper &
  Bros., 1904-18. 28v.

  Hildreth, Samuel P. Pioneer history. Cincinnati, H. W. Derby &
  Co. New York, A. S. Barnes & Co., 1848. 525p.

  Hinsdale, Burke A. The Old Northwest; the beginning of our
  colonial system. Rev. ed. Boston, New York, Silver, Burdett and
  Co., 1899. 430p. See chapters XV-XVI.

  Hockett, Homer C. Political and social history of the United
  States. New York, Macmillan Co., 1925. 438p.

  Howard, Timothy E. Our charters. (In state bar association of
  Indiana. Report, 1911, v. 15, p. 40-50.) On the Declaration of
  Independence, the Ordinance and the Constitution.

  Hulbert, Archer B. Frontiers. Boston, Little, Brown & Co.,
  1929. 266p. Historic highways of America. Cleveland, O., A. H.
  Clark Co., 1902-05. 16v. Ohio in the time of the confederation.
  Marietta, O., Marietta historical commission, 1918. 220p. Pilots
  of the republic. Chicago, A. C. McClurg & Co., 1906. 368p.
  Washington and the West; being George Washington’s diary of Sept.
  1784, kept during his journey into the Ohio basin. New York, The
  Century Co., 1905. 217p.

  Ingraham, Charles A. The Northwest territory and the Ordinance of
  1787. (In Americans, Jan. 1918, v. 12, p. 104-113.) The George
  Rogers Clark papers, 1771. Springfield, Ill., Trustees of the
  Illinois state historical library, 1926. 572p. (Collections of
  the Illinois state historical library, v. 19.)

  James, James A. The life of George Rogers Clark. Chicago, Ill.,
  Univ. of Chicago press, c1928. 534p.

  Jefferson, Thomas. Writings. Washington, Taylor & Maury, 1853-54.
  9v.

  Jesuit relations and allied documents, Reuben G. Thwaites, ed.
  Cleveland, Burrows Bros. Co., 1896-1901. 73v. Abridged ed.; Edna
  Kenton, ed. New York, A. & C. Boni, 1925. 527p.

  King, Rufus. The life and correspondence of Rufus King;
  comprising his letters, private and official, his public
  documents, and his speeches. Ed. by his grandson, Charles R.
  King. New York, G. P. Putnam’s Sons, 1894-1900. 6v. See Vol. I,
  Chaps. II, V, VIII and XV. Ohio; first fruits of the Ordinance
  of 1787. Boston and New York, Houghton Mifflin Co., 1896. 427p.
  (American commonwealth, v. 13) Loring, G. B. Remarks on Dr.
  Poole’s address. (In American historical association. Papers,
  1888-89, v. 3, p. 300-308.)

  Luce, Cyrus G. The Ordinance of 1787. (In Pioneer and historical
  society of Michigan. Historical collections, 1887, 2d ed., v. II,
  p. 140-144.)

  McCarty, Dwight G. The Territorial governors of the Old
  Northwest. Iowa City, Ia., State historical society of Iowa,
  1910. 210p.

  MacKibbin, Stuart. The authority of the Ordinance of 1787. (In
  State bar association of Indiana. Report, 1916, p. 115-142.)

  McMaster, John B. History of the people of the United States. New
  York & London, D. Appleton & Co., 1927-29. 8v.

  Mathews, Lois K. Expansion of New England. Boston, Houghton
  Mifflin Co., 1909. 303p.

  Merriam, John M. The legislative history of the Ordinance of
  1787. (In American antiquarian society. Proceedings, 1888, n. s.
  v. 5, p. 303-347.)

  Minnigerode, Meade. Black Forest. An historical movie of the
  Ordinance of 1787 and the westward start of America. Farrar &
  Rinehart. Ready Oct. 1937.

  Moore, Charles. The Northwest under three flags, 1635-1796. New
  York & London, Harper & Bros., 1900. 401p.

  Nevins, Allen. American States during and after the Revolution,
  1775-1789. New York, Macmillan Co., 1924. 728p.

  Ogg, F. A. Old Northwest: a chronicle of the Ohio Valley and
  beyond. New Haven, Yale Univ. press, 1921. 220p. (Chronicles of
  America series, v. 19.)

  Ohio. Laws, statutes, etc. The statutes of Ohio and of the
  Northwestern territory, adopted or enacted from 1788 to 1835
  inclusive: together with the Ordinance of 1787; numerous
  references and notes and copious indexes, ed. by Salmon P. Chase.
  Cincinnati, Corey & Fairbank, 1833-1835. 3v.

  Parkman, Francis. France and England in North America. Boston,
  Little, Brown & Co., 1910. 13v.

  Patterson, Isaac F., comp. The constitutions of Ohio. Cleveland,
  O., Arthur H. Clark Co., 1912. 358p.

  Paxson, Frederick L. History of the American frontier, 1763-1893.
  Boston & New York, Houghton Mifflin Co., 1924. 598p.

  Pershing, Benjamin H. Winthrop Sargeant, 1753-1820. (In Ohio
  archaeological and historical quarterly, v. 35, Oct., 1926. p.
  583-602.)

  Pickering, Octavius; Upham, Charles W. Life of Timothy Pickering.
  Boston, Little, Brown & Co., 1867-73. 4v.

  Pierce, James O. Some legacies of the Ordinance of 1787. (In
  Minnesota historical society. Collections. St. Paul, 1901. v. 9,
  p. 509-518.)

  Poole, William F. The early Northwest; an address before the
  American historical association, Dec. 26, 1888. New York,
  The Knickerbocker press, 1889. 26p. (In American historical
  association. Papers, 1888-89, v. 3, p. 277-300.) Ordinance of
  1787, p. 287-294. The Ordinance of 1787, and Dr. Manasseh Cutler
  was an agent in its formation. Cambridge, Mass., Welch, Bigelow
  and Co., 1876. 38p. (In North American review, April 1876.) The
  Ordinance of 1787. A reply. Ann Arbor, Mich., Priv. print., 1892.
  15p. (In The Inlander, Jan. 1892.) A reply to an article by Henry
  A. Chaney in The Inlander for Nov. 1891.

  Powell, John W. Physiographic regions of United States. New York;
  Chicago, etc., American Bk. Co., 1895. (National geographic
  monographs, v. 1, no. 3.)

  Priestly, Herbert L. Coming of the white man, 1492-1846. New
  York, Macmillan Co., 1929. 411p. (History of American life. v. 1.)

  Roberts, Kenneth. Northwest Passage, an historical movie of the
  Northwest during and after the French and Indian War. New York,
  Doubleday & Doran, 1937.

  Roosevelt, Theodore. Winning of the West; an account of the
  exploration and settlement of our country from the Alleghanies to
  the Pacific. New Library ed. New York & London, G. P. Putnam’s
  Sons, 1920. 6v. in 3.

  Royce, Charles G. comp. Indian land cession in the United States.
  (In U. S. Bureau of American ethnology. 18th annual report,
  1896-97. Washington 1899. Pt. 2, p. 521-997.)

  Sato, Shosuke. History of the land question in the United
  States. Baltimore, Publication agency of the Johns Hopkins
  University press, 1886. 181p. (Johns Hopkins University studies
  in historical and political science, 4th ser., no. VII-IX) See p.
  68-120.

  Semple, Ellen C. American history and its geographic conditions.
  Boston; New York, Houghton Mifflin Co., 1903. 466p.

  Smith, William H., ed. The St. Clair papers. Cincinnati, R.
  Clarke & Co., 1882. 2v.

  Smucker, Isaac. Brief history of the territory northwest of the
  river Ohio. (In Ohio. Secretary of State. Annual report, 1876. p.
  9-34.)

  Speed, Thomas. Wilderness Road, a description of the routes of
  travel by which the pioneers and early settlers came to Kentucky.
  Louisville, Ky., J. P. Morton & Co., 1886. 75p.

  Stone, Frederick D. The Ordinance of 1787. Philadelphia, 1889.
  34p. Reprinted from the Pennsylvania magazine of history and
  biography, concerning the part taken by Manasseh Cutler in
  securing the adoption of the Ordinance.

  Swayne, Wager. The Ordinance of 1787 and the War of 1861. New
  York, Printed by C. M. Burgoyne, 1892. 90p.

  Thwaites, Reuben G. Father Marquette. New York, D. Appleton &
  Co., 1902. 244p. Early western travels, 1748-1846; a series of
  annotated reprints. Cleveland, O., A. H. Clark Co., 1904-07.
  32v. Important Western papers. (In Wisconsin, State Historical
  society, Collections, 1888, v. 11, p. 25-63.) Includes the
  Ordinance of 1787. Kellogg, Louise P. Documentary history of
  Dunmore’s war. Madison, Wisconsin historical society, 1905. 472p.
  The Revolution on the upper Ohio, 1775-77. Madison, Wisconsin
  historical society, 1908. 275p.

  Treat, Payson J. The national land system, 1785-1820. New York,
  E. B. Treat & Co., 1910. 426p.

  Turner, Frederick J. Frontier in American history. New York, H.
  Holt & Co., 1920. 375p.

  U. S. Constitution. The United States Constitution annotated,
  with references to Corpus juris-Cyc system; also the text of the
  Declaration of Independence, the Articles of confederation, and
  the Ordinance of 1787. Brooklyn, N. Y., The American Law Book
  Co., 1924. 280p.

  U. S. Continental Congress. Journals of the Continental Congress,
  1774-1789. Washington, Govt. print. off., 1904-36. 33v. The
  Ordinance of 1787. An ordinance for the government of the
  territory of the United States northwest of the river Ohio.
  Boston, Directors of the Old South work, 1896. 11p. (Old South
  leaflets. General series, v. 1, no. 13.)

  U. S. Dept. of State. Territorial papers of the United States;
  Clarence E. Carter, comp. Washington, Govt. print. off., 1934-36,
  Northwest territory; v. 2-3.

  U. S. Northwest Territory. Journal of the convention of the
  territory of the United States northwest of the Ohio—1802.
  Indianapolis, Bobbs-Merrill Co., 1933. 46p.

  Van Tyne, Claude H. Causes of the War of Independence. Boston &
  New York, Houghton Mifflin Co., 1922. 499p.

  Volwiler, Albert T. George Croghan and the westward movement,
  1741-1782. Cleveland, Arthur H. Clark Co., 1926. 370p.

  Wilson, Woodrow. History of the American people. New York &
  London, Harper & Bros., c1918. 10v.

  Winsor, Justin. Cartier to Frontenac. Boston & New York, Houghton
  Mifflin Co., 1894. 379p. The Mississippi basin. Boston & New
  York, Houghton Mifflin Co., 1898. 484p. Ordinance of 1787. (In
  his narrative and critical history of America, v. 7. Boston,
  1888. p. 537-539.) Authorship and references.


JUVENILE BIBLIOGRAPHY

The following list of books is selected particularly for younger readers.

The Commission is indebted to Mrs. Katherine Van Fossen, of Columbus,
Ohio, and to the Juvenile Departments of the Cincinnati and Cleveland
Public Libraries for help in its compilation and checking.

GENERAL

  Baldwin, James               Conquest of the Old Northwest, 1901.
  Baldwin, James               Discovery of the Old Northwest, 1901.
  Ferris, Jacob                States and Territories of the Great West,
                                 1856.
  Grinnell, G. B.              Trails of the Pathfinders, 1911.
  Hall, James                  Romance of Western History, 1857.
  McKnight, Charles            Our Western Border, 1883.
  Moore, Charles               The Northwest Under Three Flags, 1900.

OHIO

  Black, Alexander             Story of Ohio, 1888.
  Chaddock, R. E.              Ohio Before 1850.
  Crow, G. H. & Smith, C. P.   My State—Ohio, 1936.
  Downes, R. C.                Frontier Ohio, 1788-1803, 1934.
  Everson, Florence M. &
   Power, E. L.                Early Days in Ohio, 1928.
  Howells, W. D.               Stories of Ohio, 1897.
  McSpadden, J. W.             Ohio; a Romantic Story for Young People,
                                 1926.
  Palmer, Frederick            Clark of the Ohio, 1929.
  Randall, E. O. & Ryan, D. J. History of Ohio, 1912. 5v.
  Roseboom, E. H. &
    Weisenburger, F. P.        History of Ohio, 1934.
  Winter, N. O.                A History of Northwest Ohio, 1917.

INDIANA

  Bowlus, R. J.                Log Cabin Days in Indiana, 1923.
  Cockrum, W. M.               Pioneer History of Indiana, 1907.
  Duncan, R. B.                Old Settlers, 1894.
  Dunn, J. P.                  Indiana and Indians, 1919.
  Esarey, Logan                History of Indiana, 1879.
  Fisher, R. S.                Indiana, 1885.
  Hall, B. R.                  New Purchase, 1916.
  Hendricks, T. A.             A Popular History of Indiana, 1891.
  Hodgin, C. W.                Short Sketch of the History of Indiana,
                                 1911.
  Lindley, Harlow              Indiana as Seen by Early Travelers, 1916.
  Levering, Julia H.           Historic Indiana, 1909.
  McSpadden, J. W.             Indiana; a Romantic Story for Young
                                 People, 1926.
  Nicholson, Meredith          The Hoosiers, 1915.
  Roll, Charles                Indiana, One Hundred and Fifty Years of
                                 American Development, 1931. 5v.
  Smith, W. H.                 History of Indiana, 1897.
  Thompson, Maurice            Stories of Indiana, 1898.

ILLINOIS

  Alvord, C. W.                Centennial History of Illinois,
                                 1917-1920. 5v.
  Blanchard, Rufus             History of Illinois, 1883.
  Brown, Henry                 History of Illinois, 1844.
  Conger, J. L. & Hull, W. E.  History of the Illinois River Valley,
                                 1932.
  Davidson, A. & Stuve, B.     Complete History of Illinois, 1673-1873,
                                 1874.
  McSpadden, J. W.             Illinois; a Romantic Story for Young
                                 People, 1926.
  Nida, W. L.                  Story of Illinois and Its People, 1921.
  Parrish, Randall             Historic Illinois, 1905.
  Pease, T. C.                 Story of Illinois, 1925.
  Quaife, M. M.                Chicago and the Old Northwest, 1673-1835,
                                 1913.
  Smith, G. W.                 Student’s History of Illinois, 1921.

MICHIGAN

  Cook, Webster                Michigan: History and Government, 1905.
  Cooley, T. M.                Michigan: A History of Governments, 1905.
  Fuller, G. N.                Historic Michigan, 1924.
  Lanham, J. H.                History of Michigan, 1839.
  McSpadden, J. W.             Michigan; a Romantic Story for Young
                                 People, 1927.
  Tuttle, C. R.                History of Michigan, 1874.

WISCONSIN

  Doudna, E. G.                Our Wisconsin, 1920.
  Fitzpatrick, E. A.           Wisconsin, 1928.
  Quaife, M. M.                Wisconsin, Its History, and Its People,
                                 1634-1924, 1924. 4v.
  Skinner, H. M.               Story of Wisconsin, 1913.
  Strong, M. M.                History of Wisconsin Territory, 1885. 2v.
  Thwaites, R. G.              Wisconsin in Three Centuries, 1905.

MINNESOTA

  Buck, S. J. & E.             Stories of Early Minnesota, 1925.
  Forster, G. F.               Stories of Minnesota, 1903.
  Folwell, W. W.               Minnesota, The North Star State, 1908.
  McSpadden, J. W.             Minnesota; a Romantic Story for Young
                                 People, 1928.
  Neill, E. D.                 History of Minnesota, 1882.
  Parsons, E. D.               Story of Minnesota, 1916.




ANNOUNCING THE NORTHWEST TERRITORY CELEBRATION SCHOOL CONTESTS

Beginning October 15, 1937, and closing on February 15, 1938, the
following contests will be held for all college and school students in
Northwest Territory.

The contests follow:


CONTEST No. 1—for Grade School Students—4 Divisions.

The pupils in public, private and parochial schools, up to and including
the 8th grade may enter. Grades 1, 2, 3, 4 will compete through art
classes. Grades 5, 6, 7, 8 through essays.

The following classifications are made for purposes of even competition:


Division I—for Grades 1 and 2.

Each child entering is to submit two drawings or art projects, dealing
with each of the following subjects:

(A) The American Bill of Rights—Free Speech—Religious Tolerance—Free
Education, etc.

(B) Willingness to undergo suffering and hardships to accomplish one’s
purpose (such as the trek of the pioneers across the mountains in the
dead of winter, etc.)

Drawings are to be 9 x 12 in size, and award will be made for idea
conceived as well as execution.


Division II—for Grades 3 and 4.

Competition will be on same basis as is outlined for Division I—that is,
based upon drawings or art projects, and same conditions.


Division III—for Grades 5 and 6.

Competition will be based upon an essay of not less than 600 or more than
1000 words. The subject shall be: “The Ordinance of 1787 and what it
means to the United States and me today.”

All essays shall be submitted on white paper 8½ x 11 sheets, written
legibly on one side only. All sheets to be neatly fastened at the top.


Division IV—for Grades 7 and 8.

Competition also on essays, of not less than 1000 nor more than 1500
words. Essays are to be submitted as above under Division III.


CONTEST No. 2—for High School Students.

Students of public, private and parochial schools may enter.

There shall be two divisions of the contest for high school students.


Division I—for Students of the 9th and 10th Grades.

Competition shall be based upon essays of not less than 1500 nor more
than 2000 words. Subject of essays to be your choice of the two following:

“Advent of the principles of the ‘rights of men’ into government and
effect of their expression in the Ordinance of 1787 upon our nation
today.”

“The development of public lands and colonial policies in America and our
debt to the Ordinance of 1787.”


Division II—for Students of the 11th and 12th Grades

of public, private and parochial schools.

Competition to be based upon essays of not less than 1800 nor more than
2500 words. Subjects same as in Division I of Contest No. 2.


CONTEST No. 3—for College Students.

Open to all regularly entered undergraduates in the colleges and
universities of Northwest Territory.

There will be but one division in this contest. Freshman to seniors
compete in the same class. Competition will be based upon essays of 2500
to 3000 words. The subject chosen is optional with the entrant, but must
relate to the Ordinance of 1787 and establishment of Northwest Territory.

Any angle or phase of that history; or combination of phases may be
treated. Specialized theses, particularly premises and original research
(while not necessary) are encouraged.


GENERAL CONTEST RULES

for all divisions of Contest

No. 1. These contests will begin October 15, 1937, and close February
15, 1938. Begin now on your reading and study. On or before February 15,
1938, submit your drawings or essay (as provided for your division) to
your teacher or professor.

Read and follow the rules below very carefully.

No. 2. At the top right-hand corner of the front page put the _grade_ you
are in. Do not put your name on the essay where it can be read.

The student shall put his or her name, age, grade, teacher, name of
school, with home street address, city and state, into an envelope; seal
the envelope and paste it firmly to the back of his or her essay or
drawing, as the case may be.

No. 3. All essays must be legibly and neatly written or typed, and on the
last page show the number of words contained (in the case of essays) and
the contest number and division for which entry is made.

No. 4. You may if you wish, and the Commission will appreciate it if
you do, append a list of the books you have read and the adults you
have talked to about Northwest Territory history in preparation for
your essay. This list is not _required_, and if submitted, is to be in
_addition_ to your essay.

No. 5. The preparation of your drawing or essay must be your own work.
Read all you will, discuss the subject with others, but prepare your own
submission. Right is reserved for the judges to refuse consideration to
any entry which shows sufficient evidence of not being prepared by the
student. When any sentence or other quotation from other source is made,
be sure to use quotation marks around the quotation and to “indent” the
lines quoted at least one inch from left margin of your own copy.

No. 6. Illustrations may be used in essays if desired but will not
replace words. They may be either hand drawn or pasted-in illustrations
clipped from other sources.

No. 7. Submit your essay or drawings (as the case may be) to your
teacher by February 15, 1938. Announcement of awards will be made as
soon as possible, probably before June 15th, by the Northwest Territory
Celebration Commission.

No. 8. The recommendations of the judges will be final and entries
submitted become the property of the Commission, with full rights of
publication. The Commission assumes no responsibility for acts of the
judges or miscarriage of mails, etc.


PRIZES


For Contest No. 1—Divisions I, II, III, IV.

That is for all grade students.

The winning entrant in each division of the contest, from each state of
Northwest Territory, will receive a trip to Washington, D. C. and other
points of interest along the route, under the following conditions:

A. The trip will be made by railroad train, with air-cooled Pullman from
Chicago and return.

B. Special chaperons will be provided from each state to accompany the
four children from that state. The chaperon will be the teacher in grades
1 to 8 inclusive, whose room turns in the highest percentage of entrants
as related to scholars, in that particular state. In case of ties the
chaperon will be chosen by lot or agreement.

C. All meals, berths, rail fare, sight seeing buses and proper expenses
of both winning students and chaperons will be paid by the Commission.

D. Three full days in Washington, Mount Vernon, Arlington, and all the
sights of the Nation’s Capital.

E. The chaperons will take charge of the four winners from each state at
the state capital. The Commission will pay the rail fare of each winner
from his or her home to the state capital. Also the rail fare necessary
for one parent of each winner to take the winner to and from the state
capital where the chaperons take charge.

F. An engraved certificate of achievement will be given each child by
a high officer of the United States Government while the party is in
Washington.

G. There will be four winners from each state, or twenty-four from the
territory, with six chaperons.


For Contest No. 2—Divisions I and II.

That is for all high school students.

The cash prizes offered in this contest are territory-wide. The
scholarship prizes will be awarded within the states where the
cooperating colleges are located.


Division I—9th and 10th Grades

  1st cash prize to boy  $125.00    1st cash prize to girl  $125.00
  2nd   “    “    “  “     75.00    2nd   “    “    “   “     75.00
  3rd   “    “    “  “     37.50    3rd   “    “    “   “     37.50
  4th   “    “    “  “     25.00    4th   “    “    “   “     25.00
  5th   “    “    “  “     12.50    5th   “    “    “   “     12.50

                 Ten cash prizes    $550.00 total


Division II—11th and 12th Grades.

  1st cash prize to boy  $125.00    1st cash prize to girl  $125.00
  2nd   “    “    “  “     75.00    2nd   “    “    “   “     75.00
  3rd   “    “    “  “     37.50    3rd   “    “    “   “     37.50
  4th   “    “    “  “     25.00    4th   “    “    “   “     25.00
  5th   “    “    “  “     12.50    5th   “    “    “   “     12.50

                 Ten cash prizes    $550.00 total

Besides this, the following universities and colleges have offered
scholarships amounting to $15,000 in value. These will be distributed
first to winners in each state. If certain winners prefer a scholarship
at a school listed but outside their own state, this will be available
only if the scholarship has not been claimed by a winning contestant from
the state where the college is located; and provided the entrant from
another state is acceptable to the college.

Some of the scholarships offered are subject to prescribed high school
standings and entrance requirements. These will be explained to the
winning competitors. Most of the scholarships can be deferred if you
are only a freshman, sophomore, or junior in high school, and will be
available when you graduate.

INDIANA

  Earlham College, Richmond, Ind.                                Co-ed
    1 scholarship—$100.00 a year, subject to entrance
      requirements.

  Hanover College, Hanover, Ind.                                 Co-ed
    1 scholarship—$100.00

  Huntington College, Huntington, Ind.                           Co-ed
    1 scholarship—$150.00

  Indiana Central College, Indianapolis, Ind.                    Co-ed
    1 scholarship—$100.00—freshman year, B average or better.

  Purdue University, Lafayette, Ind.                             Co-ed
    4 four-year scholarships—freshman to senior.

  St. Marys College, Notre Dame, Ind.                             Girl
    1 scholarship—$250.00

  St. Marys of the Woods College, St. Marys of the Woods, Ind.    Girl
    1 scholarship—$250.00 a year and renewable for 3 remaining
      years for students with A record and satisfactory
      character.

  Rose Polytechnic Institute, Terre Haute, Ind.                    Boy
    1 four-year scholarship—$200.00 a year.

  Valparaiso University, Valparaiso, Ind.                        Co-ed
    2 scholarships—full tuition for 1 year, subject to
      entrance requirements.

ILLINOIS

  Carthage College, Carthage, Ill.                               Co-ed
    1 scholarship—4 years, $100.00 a year.

  College of St. Francis, Joliet, Ill.                            Girl
    1 scholarship—$150.00 a year, renewable if student’s work
      is satisfactory.

  Elmhurst College, Elmhurst, Ill.                               Co-ed
    1 four-year scholarship, subject to selective requirements
      for renewal.

  Lake Forest College, Lake Forest, Ill.                         Co-ed
    1 scholarship—$275.00—1 year, subject to entrance
      requirements.

  McKendree College, Lebanon, Ill.                               Co-ed
    1 scholarship—$50.00 a semester for 1 year, extension of
      3 years at $25.00 a semester for satisfactory record.

  Monmouth College, Monmouth, Ill.                               Co-ed
    1 scholarship—$100.00, extended for at least two years.

  Rockford College, Rockford, Ill.                                Girl
    1 scholarship—$250.00—a girl with satisfactory entrance
      requirements—in upper third of her high school class.

MICHIGAN

  Alma College, Alma, Mich.                                      Co-ed
    1 scholarship—1 year, $100.00

  Battle Creek College, Battle Creek, Mich.                      Co-ed
    1 scholarship, 1 year—$100.00, subject to ability of
      student.

  Kalamazoo College, Kalamazoo, Mich.                            Co-ed
    1 scholarship—$100.00 per year toward degree.

  University of Detroit, Detroit, Mich.                          Co-ed
    1 scholarship, 1 year—$200.00, subject to entrance
      requirements.

MINNESOTA

  Augsberg Theological Seminary & College, Minneapolis, Minn.    Co-ed
    Scholarship to high school student who might take first
      place in contest.

  College of St. Benedict, St. Joseph, Minn.                      Girl
    Complete tuition for one year.

  College of St. Catherine, St. Paul, Minn.                       Girl
    1 scholarship, 1 year—$150.00, renewable on B average
      or better.

  Hamline University, St. Paul, Minn.                            Co-ed
    $75.00—payable second semester.

  Macalester College, St. Paul, Minn.                            Co-ed
    $75.00—one semester.

OHIO

  Ashland College, Ashland, Ohio                                 Co-ed
    1 scholarship, 1st year—$100.00, each year after, $80.00,
      subject to achievement.

  Baldwin-Wallace College, Berea, Ohio                           Co-ed
    1 four-year scholarship—$100.00 a year, B average or
      better.

  Bluffton College, Bluffton, Ohio                               Co-ed
    $100.00 to be distributed over a period of two years.

  Cedarville College, Cedarville, Ohio                           Co-ed
    1 four-year scholarship—$50.00 a year.

  College of Wooster, Wooster, Ohio                              Co-ed
    1 scholarship—$110.00, subject to renewal each year on
      B average for 4 years.

  Findlay College, Findlay, Ohio                                 Co-ed
    1 scholarship for 4 years—$100.00 a year.

  Heidelberg College, Tiffin, Ohio                               Co-ed
    1 scholarship, 1 year.

  Hiram College, Hiram, Ohio                                     Co-ed
    1 scholarship, 1 year—$100.00.

  Kenyon College, Gambier, Ohio                                    Boy
    2 scholarships—$150.00, must meet entrance requirements.

  Lake Erie College, Painesville, Ohio                            Girl
    1 four-year scholarship—$300.00 a year.

  Marietta College, Marietta, Ohio                               Co-ed
    1 scholarship, $100.00 a year for two years.

  Miami University, Oxford, Ohio                                 Co-ed
    1 scholarship, 1 year, extension beyond one year depends
      upon rank of recipient.

  Mount Union College, Alliance, Ohio                            Co-ed
    1 scholarship, 1 year—$100.00, subject to entrance
      requirements, also entrant must reside within 50 miles
      of school.

  Muskingum College, New Concord, Ohio                           Co-ed
    1 scholarship, 4 years—$50.00 a year.

  Ohio State University, Columbus, Ohio                          Co-ed
    2 two-year scholarships for high school seniors—$60.00 a
      year.

  University of Dayton, Dayton, Ohio                             Co-ed
    1 scholarship, 1 year—$100.00.

  Western Reserve University, Cleveland, Ohio                    Co-ed
    1 scholarship, tuition for 1 year for boy.
    1 scholarship, tuition for 1 year for girl. Both subject
      to entrance requirements.

  Wilmington College, Wilmington, Ohio                           Co-ed
    1 four-year scholarship—$160.00 a year.

  Xavier University, Cincinnati, Ohio                            Co-ed
    One tuition scholarship.

WISCONSIN

  Carroll College, Waukesha, Wisc.                               Co-ed
    1 scholarship, 1 year—$100.00 a year.

  Lawrence College, Appleton, Wisc.                              Co-ed
    2 scholarships—$100.00 each, renewal subject to entrance
      requirements.

  Ripon College, Ripon, Wisc.                                    Co-ed
    1 scholarship, 2 years—$150.00 a year.


Contest No. 3—College Students.

This contest is Territory wide also.

  1st prize to boy  $300.00    1st prize to girl  $300.00
  2nd   “    “  “    200.00    2nd   “    “   “    200.00
  3rd   “    “  “    100.00    3rd   “    “   “    100.00
  4th   “    “  “     75.00    4th   “    “   “     75.00
  5th   “    “  “     50.00    5th   “    “   “     50.00
  6th   “    “  “     25.00    6th   “    “   “     25.00

                  12 prizes    $1500.00 total in cash

Also:

  University of Chicago, Chicago, Ill.                           Co-ed
    1 scholarship—$300.00 for post-graduate work, to one of
      first four winners in College Division.


METHOD OF JUDGING—FOR GRADE SCHOOL CONTEST—CONTEST No. 1

Each school principal will be in charge of judging the entries from that
school. The actual work can be parcelled out among the teachers under the
principal’s supervision.

The _two best_ entries from _each division_ of this contest should be
selected and forwarded within two weeks of the close of the contest,
February 15, 1938, to either the city superintendent or the county
superintendent as the case may be. This _individual school_ judging
should be completed by March 1st, 1938. In the case of city schools the
city superintendent of schools will arrange for judging the entries
selected by school principals and will submit the one best _in each of
the four divisions_ from his city, to the State Department of Education
in his state. This city judging should be completed within two weeks or
by March 15, 1938.

In the case of country schools, the county superintendent will provide
for the judging of the school winners in each division submitted by
principals, and will forward the _one_ best in each of the four divisions
to the State Department of Education in his state. As in the case of city
schools, this should be accomplished by March 15th, 1938.

The State Departments of Education will judge the winners as submitted
by county and city superintendents, and notify the Northwest Territory
Celebration Commission (Federal) at Marietta, Ohio, as to the one winner
in each of the four divisions of the grade schools within that state.
This advice should reach the Commission by May 15th, and awards will be
made at once. Parochial and private schools shall follow the procedure
outlined above, submitting to city or county superintendents of public
instructions and through them to State Departments of Education, etc.
There will thus be four winners, one from each division of the contest,
within each state.


METHOD OF JUDGING—FOR HIGH SCHOOL CONTEST—CONTEST No. 2

The procedure for judging the two divisions of high school students shall
be the same as in Contest No. 1—except that the _two winners from each
division of the contest_ should be sent by county superintendents to the
State Department of Education.

From these essays the State Department of Education shall submit the
_twenty-five_ best essays from that state to the Northwest Territory
Celebration Commission by May 15th, 1938.

This Commission will select cash prize winners from each state of the
territory and will award scholarship prizes in accordance with population
of state and number of colleges and universities in each state which
offer scholarship prizes.


METHOD OF JUDGING COLLEGE ENTRIES

Each college will appoint its own board of judges of its own entries and
the board shall choose the best entry made by a male and the best entry
made by a female student and shall submit them to the Northwest Territory
Celebration Commission (Federal), Marietta, Ohio, by May 15th, 1938.


GENERAL

This division of the work of judging does not place an extreme burden on
anyone and yet is fair.

The Commission assumes no responsibility for the failure of any of the
judges to perform their functions properly and promptly.





End of the Project Gutenberg EBook of History of the Ordinance of 1787 and
the old Northwest Territory, by Various

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