since the adoption of the first ordinance, there had been no district in the ceded territory populous enough to organize under the law. Meantime, some parts of the East had begun to look jealously at the prospect of so many new States, to outvote the Atlantic section in Congress. Congress, therefore, appointed a committee to prepare a new plan of organization,

with view particularly to

reducing the number of future States.

There was also another thread to the story. In 1786 a number of New England Revolutionary soldiers had organized a "company of associates," to establish themselves in new homes on the Ohio. Early in 1787 this Ohio Company sent the shrewd Manasseh Cutler (one of their directors) to buy a large tract of western land from Congress. Cutler found the proposed Territorial ordinance under discussion. Negotiations for the land deal and for the

new Territorial law (under which the settlers would have to place themselves) became intermingled. Cutler proved an adroit lobbyist. On one occasion he had to frighten the hesitating Congress into action by pretending to take leave; but finally both measures were passed. The ordinance, with a number of new provisions satisfactory to the New Englanders,

1 Hart's Source Book, 169-172, has an interesting selection from Cutler's Journal.

§ 313]

NORTHWEST ORDINANCE OF 1787

263

became law on July 13; and a few days later the land sale was completed.

The Ohio Company bought for itself 1,500,000 acres, at "two-thirds of a dollar an acre." Payment was accepted, however, in depreciated "certificates" with which Congress had paid the Revolutionary soldiers, so that the real cost was only eight or nine cents. Unhappily, the purchase was carried through by connecting it with a "job." Influential members of Congress, as the price of their support, induced Cutler to take, at this rate, not merely the million and a half acres which he wanted, but also three and a half million more, which were afterward privately transferred to another "company" composed of these congressmen and their friends.

The "Northwest Ordinance" (so-called because, unlike its predecessor, it applied only to the territory north of the Ohio) has been styled second in importance only to the Declaration of Independence and the Constitution. Under it, the new type of American "colony" ("territory ") was first actually established. Not less than three, nor more than five states were to be formed from the region, but, until further Congressional action, the whole district was to be one unit. Three stages of government were provided.

(1) Until the district should contain five thousand free male inhabitants, there was no self-government. Congress 2 appointed a "governor" and three "judges." The governor created and filled all local offices; and governor and judges together selected laws suitable for Territorial needs from the codes of older States, subject, however, to the veto of Congress.

a

(2) In the second stage Congress still appointed the governor; but there was now to be a two-House legislature, House of Representatives elected by the people, and a Legisla tive Council of five men selected by Congress from ten nomi

1 Source Book, No. 149, b. The class should study the document at least far enough to verify the statements made in the text regarding it. The principles of this law became so fixed during the next century that students are in danger of thinking of the Ordinance as part of the Constitution.

2 This law was passed, of course, by the Continental Congress. After the adoption of the Constitution, the next year, many powers here given to Congress were transferred to the President of the United States.

nated by the Territorial lower House. This legislature was to send a Territorial delegate to Congress, with right to debate but not to vote. The appointed governor had an absolute veto upon all acts of the legislature and controlled its sittings, calling and dissolving sessions at will. Thus, in this stage, the inhabitants had about the same amount of self-government as in a royal province before the Revolution. Political rights were based upon a graded ownership of land: to vote for a Representative, one must have a freehold of fifty acres; to be eligible for the lower House, two hundred acres; for the upper House, five hundred; and for the governorship, a thousand.

(3) The third stage was provided for in the following words: "Whenever any of the said States shall have sixty thousand free inhabitants, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government."

ciples as the basis of all

.

"And, for extending the fundamental principles of civil and religious liberty [and] to . . . establish those pringovernments which forever hereafter shall be formed in the said territory," six lengthy articles were declared to be "articles of compact between the original States and the people . . in the said Territory . forever [to] remain unalterable, unless by common consent." To similar provisions in the previous ordinance this noble "bill of rights now added freedom of religion, habeas corpus privileges, exemption from cruel or unusual punishments, and jury trial. Provision was made for the equal division of estates (even of landed property 2) among the heirs of people who left

1 Compare with Massachusetts under her second charter.

2 In the older States, primogeniture was still the rule, or had been so until just before. Even in New England, the oldest son still inherited a double share. The principle of equal division of landed property had a special democratic value because of the connection between land and political power.

§ 314]

no wills.

EXCLUSION OF SLAVERY

265

The Third Article declared that "schools and the means of education shall forever be encouraged"; and the great Sixth Article prohibited slavery, with a provision, however, for the return of fugitive slaves escaping into the Northwest from other States.

The Northwest Ordinance did not make specific provision for public support of education, as many people suppose. That was done by two one earlier, one just

other ordinances of the Continental Congress, later, which made smooth the way for western settlement and profoundly influenced its character (§§ 314, 315).

314. In 1785, Congress had passed an ordinance (originating with Jefferson) (1) providing for a rectangular land survey by the government, in advance of settlement; (2) establishing land offices for sale of public lands at low

prices and in small lots; and (3) giving one thirty-sixth of the national domain (in properly distributed tracts) to the new States, for the support of public schools. These three principles have ever since remained fundamental in western development.

For a rectangular survey, it was necessary first to fix a north-andsouth and an east-and

Su

4TH PRIME MERIDIAN

BASE LINE

eri

L. Michiga

BASE LINE

UNITED STATES SURVEY: DIAGRAM A. BASES
AND MERIDIANS FOR THE OLD NORTHWEST.

west line ("Prime Meridian" and "Base Line"). The ordinance named two such lines; and as the survey proceeded, others were located. Diagram A indicates those actually used for the Northwest Territory. Oregon lands are surveyed from a Twenty-fourth Prime Meridian."

Beginning at the intersection of a Prime Meridian and a Base, the surveyors run out perpendiculars from each line at six-mile intervals. The intersections of the two sets of perpendiculars mark off the domain into squares, called townships, each containing thirty-six square miles. The first row of squares west of the Prime Meridian is called Range One ; the second row, Range Two; etc. Any square in the row just north of the Base is called Town One; any one in the second row, Town Two. Thus to name both Town and Range is to locate any township beyond dispute. Each township is subdivided into thirty-six smaller squares, called sections, each one mile square, numbered from one to thirty-six, beginning in the northeast corner of the township

(Diagram B). Subsequent legislation provided for more minute divisions, cutting the sections into halves (320 acres), quarters (160 acres), and quarters of quarter sections ("forties "). Each such subdivision is named by its location (Diagrams B and C).1 It became possible now for a pioneer to locate land without the costly aid of a private survey.2

1 EXERCISE. - Draw C with other distribution of subdivisions, naming each one. Name z in Diagram C.

2 Previous to this law of 1785, surveys in America had been irregular, overlapping one another in places, and in other places leaving large fractions