Northwest Ordinance
Encyclopedia
The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio, and also known as the Freedom Ordinance or "The Ordinance of 1787") was an act of the Congress of the Confederation
of the United States
, passed July 13, 1787. The primary effect of the ordinance was the creation of the Northwest Territory
as the first organized territory of the United States out of the region south of the Great Lakes
, north and west of the Ohio River
, and east of the Mississippi River
.
On August 7, 1789, the newly created U.S. Congress affirmed the Ordinance with slight modifications under the Constitution. The Ordinance purported to be not merely legislation that could later be amended by Congress, but rather "the following articles shall be considered as Articles of compact between the original States and the people and states in the said territory, and forever remain unalterable, unless by common consent...."
Arguably the single most important piece of legislation passed by members of the earlier Continental Congresses other than the Declaration of Independence, it established the precedent by which the federal government would be sovereign and expand westward across North America
with the admission of new state
s, rather than with the expansion of existing states and their established sovereignty under the Articles of Confederation
. It is the most important legislation that Congress has ever passed with regard to American public domain lands
.
Further, the prohibition of slavery
in the territory had the effect of establishing the Ohio River as the boundary between free and slave territory in the region between the Appalachian Mountains
and the Mississippi River
. This division helped set the stage for the balancing act between free and slave state
s that was the basis of a critical political question in American politics in the 19th century until the Civil War
.
. With the English settlement concentrated along the Atlantic coast, the French established dominance over the inland areas, with the help of native Indian knowledge. From 1660 to 1670, French Jesuit Missions extended into the new territory, with establishments at the Sault and Green Bay, and in 1673, Fathers Marquette
and Joliet
traveled south on Lake Michigan to Green Bay, crossed the divide of the Fox
into the Wisconsin and reached the Mississippi River, from where they continued southward passing the confluence of the Pekistanoui from the west, the Ohio from the east, and until noting signs of Spanish influence from the south. This exploration largely defined the known limits of the Northwest Territories. Between 1673 and 1689 La Salle
opened another water route from the St. Lawrence, through the Niagara and the Great Lakes and across the Chicago portage
to the Mississippi. He founded forts on the St. Joseph, in Michigan, and on the Illinois River and farther south. LaSalle understood the meaning of the crossing paths of French and Spanish exploration from opposite directions, and outlined the main lines of future French strategy in North America; he recognized the Mississippi as the key to control of the vast continental heartland, and the Ohio River became the line beyond which they would attempt to bar Britsh expansion from the east. This lasted for nearly a hundred years under French colonial rule and another twenty under the British. During this time the waterways became the transportation and trading routes which yielded the inland's vast riches; they were both a source of European rivalry and the object of future American developmental desire.
The territory was acquired by Great Britain
from France
following their defeat and the 1763 Treaty of Paris. The Ohio Country
, as its eastern portion was known, was now in British hands, but a few months later it was closed to new European settlement by the Royal Proclamation of 1763
for British considerations of continental control; this in essence locked the thirteen colonies between the Appalachians and the Atlantic and raised tensions. With the subsequent settler's victory in the American Revolutionary War
and signing of the 1783 Treaty of Paris
, the United States claimed the territory, as well as those south of the Ohio; but the territories still remained subject to overlapping and conflicting claims of the states
of Massachusetts
, Connecticut
, New York
, and Virginia
dating from their colonial past, as well as a lingering British presence that was not settled until after the Louisiana Purchase
and the War of 1812
.
The region had long been desired for expansion by colonists, however, and urgency of the settlement of the claims of the states was prompted in large measure by the de facto opening of the area to settlement following the loss of British
control.
In 1784, Thomas Jefferson
proposed that the states should relinquish their particular claims to all the territory west of the Appalachians, and the area should be divided into new states of the Union. Thomas Jefferson's proposal of creating a federal domain through state cessions of western lands came from earlier proposals dating back to 1776 debates about the Articles of Confederation
. Jefferson proposed creating seventeen roughly rectangular states from the territory, and even suggested names for the new states, including Chersonesus, Sylvania, Assenisipia, Metropotamia, Polypotamia, Pelisipia, Saratoga, Washington, Michigania and Illinoia. The proposal was adopted in a modified form, as the Land Ordinance of 1784. This ordinance established the example that would become the basis for the Northwest Ordinance three years later; Jefferson's invented names largely would not followed but Michigan
, Illinois
, and Washington would eventually become state names.
The 1784 ordinance was criticized by George Washington
in 1785 and James Monroe
in 1786. Monroe convinced Congress to reconsider the proposed state boundaries and a committee was formed which recommended repealing that part of the ordinance. Other politicians questioned the 1784 ordinance's plan for organizing governments in new states, and worried that the new states' relatively small size would undermine the original states' power in Congress. Other events such as the reluctance of states south of the Ohio River to cede their western claims resulted in a narrowed geographic focus.
Nonetheless when passed in New York in 1787, the Northwest Ordinance maintained its derivation from the Continental Congress committee headed by Thomas Jefferson. It still called for dividing the territory into gridded townships, so that once the lands were surveyed, they could be sold to individuals and speculative land companies, and thus would create both a new source of federal government revenue and provide an orderly pattern for future settlement. While the Continental Congress laid out this plan for nation expansion, nation-building and continental foreign policy, the delegates at the ongoing Constitutional Convention in Philadelphia were hammering out a plan for a new federal government.
, followed the relinquishing of all such claims over the territory by the states. These territories were to be administered directly by Congress, with the intent of their eventual admission as newly created states. The legislation was revolutionary in that it established the precedent for new lands to be administered by the central government, albeit temporarily, rather than under the jurisdiction of the individually sovereign original states, as it was with the Articles of Confederation
. The legislation also broke colonial precedent by defining future use of the natural navigation, transportation and communication routes; it did so in a way that anticipated future acquisitions beyond the Northwest Territories, and established federal policy. Article 4 states: "The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor."
. The first state created from the Northwest Territory was Ohio
, in 1803, at which time the remainder was renamed Indiana Territory. The other four states were Indiana, Illinois, Michigan, and Wisconsin. A significant portion (about 1/3) of Minnesota was also part of the territory.
, the ordinance created a civil government in the territory under the direct jurisdiction of the Congress. The ordinance was thus the prototype for the subsequent organic acts that created organized territories during the westward expansion of the United States. It specifically provided for the appointment by Congress of a Territorial Governor with a three-year term, a Territorial Secretary with a four-year term, and three Judges, with no set limit to their term. As soon as there was a population of 5,000 "free male inhabitants of full age", they could form a general assembly for a legislature. In 1789, the U.S. Congress made minor changes, such that the President, with the advice and consent of the U.S. Senate
, had the power to appoint and remove the Governor and officers of the territory instead of Congress. The Territorial Secretary was authorized to act for the Governor, if he died, was absent, was removed, or resigned from office.
provisions of the ordinance foreshadowed the Bill of Rights
, the first ten amendments to the U.S. Constitution. Many of the concepts and guarantees of the Ordinance of 1787 were incorporated in the U.S. Constitution
and the Bill of Rights
. In the Northwest Territory, various legal and property rights were enshrined, religious tolerance was proclaimed, and it was enunciated that since "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." The right of habeas corpus
was written into the charter, as was freedom of religious worship and bans on excessive fines and cruel and unusual punishment
. Trial by jury and a ban on ex post facto laws were also rights granted.
"Virginia, it is well known, in the year 1784, ceded to the United States then united only by the original Articles of Confederation her vast possessions northwest of the Ohio, from which the great States of Ohio, Indiana, Michigan, Illinois, Wisconsin, and part of Minnesota, have since been formed. In 1787 before the adoption of the Federal Constitution the celebrated "Ordinance" for the government of this Northwestern Territory was adopted by the Congress, with the full consent, and indeed at the express instance, of Virginia. This Ordinance included six definite "Articles of compact between the original States and the people and States in the said Territory," which were to "for ever remain unalterable unless by common consent." The sixth of these articles ordains that "there shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted."
Article VI required fugitive slaves to be returned, giving slave owners unprecedented support not previously available.
, laid the legal and cultural groundwork for midwestern (and subsequently, western) development. Significantly, the free state legal philosophies of both Abraham Lincoln
and Salmon P. Chase
(Chief Justice, Senator, and early Ohio law author) were derived from the Northwest Ordinance.
within this region:
This section became more of a nominal provision than a real one, as in an earlier section, it assumes that:
Many Native Americans in Ohio, who were not parties, refused to acknowledge treaties signed after the Revolutionary War that ceded lands north of the Ohio River
inhabited by them to the United States. In a conflict sometimes known as the Northwest Indian War
, Blue Jacket
of the Shawnee
s and Little Turtle of the Miamis
formed a confederation to stop white expropriation of the territory. After the Indian confederation had killed more than 800 soldiers in two battles — the worst defeats ever suffered by the U.S. at the hands of the Indians — President Washington
assigned General Anthony Wayne
command of a new army
, which eventually defeated the confederation and thus allowed European-Americans to continue settling the territory.
Congress of the Confederation
The Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America that existed from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, passed July 13, 1787. The primary effect of the ordinance was the creation of the Northwest Territory
Northwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
as the first organized territory of the United States out of the region south of the Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
, north and west of the Ohio River
Ohio River
The Ohio River is the largest tributary, by volume, of the Mississippi River. At the confluence, the Ohio is even bigger than the Mississippi and, thus, is hydrologically the main stream of the whole river system, including the Allegheny River further upstream...
, and east of the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
.
On August 7, 1789, the newly created U.S. Congress affirmed the Ordinance with slight modifications under the Constitution. The Ordinance purported to be not merely legislation that could later be amended by Congress, but rather "the following articles shall be considered as Articles of compact between the original States and the people and states in the said territory, and forever remain unalterable, unless by common consent...."
Arguably the single most important piece of legislation passed by members of the earlier Continental Congresses other than the Declaration of Independence, it established the precedent by which the federal government would be sovereign and expand westward across North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
with the admission of new state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, rather than with the expansion of existing states and their established sovereignty under the Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
. It is the most important legislation that Congress has ever passed with regard to American public domain lands
Public domain (land)
Public domain is a term used to describe lands that were not under private or state ownership during the 18th and 19th centuries in the United States, as the country was expanding. These lands were obtained from the 13 original colonies, from Native American tribes, or from purchase from other...
.
Further, the prohibition of slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
in the territory had the effect of establishing the Ohio River as the boundary between free and slave territory in the region between the Appalachian Mountains
Appalachian Mountains
The Appalachian Mountains #Whether the stressed vowel is or ,#Whether the "ch" is pronounced as a fricative or an affricate , and#Whether the final vowel is the monophthong or the diphthong .), often called the Appalachians, are a system of mountains in eastern North America. The Appalachians...
and the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
. This division helped set the stage for the balancing act between free and slave state
Slave state
In the United States of America prior to the American Civil War, a slave state was a U.S. state in which slavery was legal, whereas a free state was one in which slavery was either prohibited from its entry into the Union or eliminated over time...
s that was the basis of a critical political question in American politics in the 19th century until the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
.
Context and history
Since earliest times, rivers have been the arteries of inland travel, and the history of exploration in America is woven about its waterways. Having been excluded from known sea routes to the orient, based in European trade, political and religious considerations set in 1493, the early French and British explorers in the area were fueled in part by the search for the mythic water route known as the Northwest PassageNorthwest Passage
The Northwest Passage is a sea route through the Arctic Ocean, along the northern coast of North America via waterways amidst the Canadian Arctic Archipelago, connecting the Atlantic and Pacific Oceans...
. With the English settlement concentrated along the Atlantic coast, the French established dominance over the inland areas, with the help of native Indian knowledge. From 1660 to 1670, French Jesuit Missions extended into the new territory, with establishments at the Sault and Green Bay, and in 1673, Fathers Marquette
Jacques Marquette
Father Jacques Marquette S.J. , sometimes known as Père Marquette, was a French Jesuit missionary who founded Michigan's first European settlement, Sault Ste. Marie, and later founded St. Ignace, Michigan...
and Joliet
Louis Jolliet
Louis Jolliet , also known as Louis Joliet, was a French Canadian explorer known for his discoveries in North America...
traveled south on Lake Michigan to Green Bay, crossed the divide of the Fox
Fox River (Wisconsin)
The Fox River is a river in eastern and central Wisconsin in the United States. Along the banks is a chain of cities, including Oshkosh, Neenah, Menasha, Appleton, Little Chute, Kimberly, Combined Locks, and Kaukauna. Except for Oshkosh, these cities refer to themselves as the Fox Cities...
into the Wisconsin and reached the Mississippi River, from where they continued southward passing the confluence of the Pekistanoui from the west, the Ohio from the east, and until noting signs of Spanish influence from the south. This exploration largely defined the known limits of the Northwest Territories. Between 1673 and 1689 La Salle
René-Robert Cavelier, Sieur de La Salle
René-Robert Cavelier, Sieur de La Salle, or Robert de LaSalle was a French explorer. He explored the Great Lakes region of the United States and Canada, the Mississippi River, and the Gulf of Mexico...
opened another water route from the St. Lawrence, through the Niagara and the Great Lakes and across the Chicago portage
Portage
Portage or portaging refers to the practice of carrying watercraft or cargo over land to avoid river obstacles, or between two bodies of water. A place where this carrying occurs is also called a portage; a person doing the carrying is called a porter.The English word portage is derived from the...
to the Mississippi. He founded forts on the St. Joseph, in Michigan, and on the Illinois River and farther south. LaSalle understood the meaning of the crossing paths of French and Spanish exploration from opposite directions, and outlined the main lines of future French strategy in North America; he recognized the Mississippi as the key to control of the vast continental heartland, and the Ohio River became the line beyond which they would attempt to bar Britsh expansion from the east. This lasted for nearly a hundred years under French colonial rule and another twenty under the British. During this time the waterways became the transportation and trading routes which yielded the inland's vast riches; they were both a source of European rivalry and the object of future American developmental desire.
The territory was acquired by Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
from France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
following their defeat and the 1763 Treaty of Paris. The Ohio Country
Ohio Country
The Ohio Country was the name used in the 18th century for the regions of North America west of the Appalachian Mountains and in the region of the upper Ohio River south of Lake Erie...
, as its eastern portion was known, was now in British hands, but a few months later it was closed to new European settlement by the Royal Proclamation of 1763
Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued October 7, 1763, by King George III following Great Britain's acquisition of French territory in North America after the end of the French and Indian War/Seven Years' War...
for British considerations of continental control; this in essence locked the thirteen colonies between the Appalachians and the Atlantic and raised tensions. With the subsequent settler's victory in the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
and signing of the 1783 Treaty of Paris
Treaty of Paris (1783)
The Treaty of Paris, signed on September 3, 1783, ended the American Revolutionary War between Great Britain on the one hand and the United States of America and its allies on the other. The other combatant nations, France, Spain and the Dutch Republic had separate agreements; for details of...
, the United States claimed the territory, as well as those south of the Ohio; but the territories still remained subject to overlapping and conflicting claims of the states
State cessions
The state cessions are those areas of the United States that the separate states ceded to the federal government in the late 18th and early 19th century...
of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, and Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
dating from their colonial past, as well as a lingering British presence that was not settled until after the Louisiana Purchase
Louisiana Purchase
The Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...
and the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
.
The region had long been desired for expansion by colonists, however, and urgency of the settlement of the claims of the states was prompted in large measure by the de facto opening of the area to settlement following the loss of British
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
control.
In 1784, Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
proposed that the states should relinquish their particular claims to all the territory west of the Appalachians, and the area should be divided into new states of the Union. Thomas Jefferson's proposal of creating a federal domain through state cessions of western lands came from earlier proposals dating back to 1776 debates about the Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
. Jefferson proposed creating seventeen roughly rectangular states from the territory, and even suggested names for the new states, including Chersonesus, Sylvania, Assenisipia, Metropotamia, Polypotamia, Pelisipia, Saratoga, Washington, Michigania and Illinoia. The proposal was adopted in a modified form, as the Land Ordinance of 1784. This ordinance established the example that would become the basis for the Northwest Ordinance three years later; Jefferson's invented names largely would not followed but Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, and Washington would eventually become state names.
The 1784 ordinance was criticized by George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
in 1785 and James Monroe
James Monroe
James Monroe was the fifth President of the United States . Monroe was the last president who was a Founding Father of the United States, and the last president from the Virginia dynasty and the Republican Generation...
in 1786. Monroe convinced Congress to reconsider the proposed state boundaries and a committee was formed which recommended repealing that part of the ordinance. Other politicians questioned the 1784 ordinance's plan for organizing governments in new states, and worried that the new states' relatively small size would undermine the original states' power in Congress. Other events such as the reluctance of states south of the Ohio River to cede their western claims resulted in a narrowed geographic focus.
Nonetheless when passed in New York in 1787, the Northwest Ordinance maintained its derivation from the Continental Congress committee headed by Thomas Jefferson. It still called for dividing the territory into gridded townships, so that once the lands were surveyed, they could be sold to individuals and speculative land companies, and thus would create both a new source of federal government revenue and provide an orderly pattern for future settlement. While the Continental Congress laid out this plan for nation expansion, nation-building and continental foreign policy, the delegates at the ongoing Constitutional Convention in Philadelphia were hammering out a plan for a new federal government.
Effects of the legislation
Abolition and transfer of state claims
The passage of the ordinance, which ceded all unsettled lands to the federal government and established the public domainPublic domain (land)
Public domain is a term used to describe lands that were not under private or state ownership during the 18th and 19th centuries in the United States, as the country was expanding. These lands were obtained from the 13 original colonies, from Native American tribes, or from purchase from other...
, followed the relinquishing of all such claims over the territory by the states. These territories were to be administered directly by Congress, with the intent of their eventual admission as newly created states. The legislation was revolutionary in that it established the precedent for new lands to be administered by the central government, albeit temporarily, rather than under the jurisdiction of the individually sovereign original states, as it was with the Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
. The legislation also broke colonial precedent by defining future use of the natural navigation, transportation and communication routes; it did so in a way that anticipated future acquisitions beyond the Northwest Territories, and established federal policy. Article 4 states: "The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor."
Admission of new states
The most significant intended purpose of this legislation was its mandate for the creation of new states from the region, once a population of 60,000 had been achieved within a particular territory. The actual legal mechanism of the admission of new states was established in the Enabling Act of 1802Enabling Act of 1802
The Enabling Act of 1802 was passed on April 30, 1802 by the Seventh Congress of the United States. This act authorized the residents of the eastern portion of the Northwest Territory to form the state of Ohio and join the U.S. on an equal footing with the other states...
. The first state created from the Northwest Territory was Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, in 1803, at which time the remainder was renamed Indiana Territory. The other four states were Indiana, Illinois, Michigan, and Wisconsin. A significant portion (about 1/3) of Minnesota was also part of the territory.
Establishment of territorial government
As an organic actOrganic Act
An Organic Act, in United States law, is an Act of the United States Congress that establishes a territory of the United States or an agency to manage certain federal lands. The first such act was the Northwest Ordinance, enacted by the Congress of the Confederation in 1787 in order to create the...
, the ordinance created a civil government in the territory under the direct jurisdiction of the Congress. The ordinance was thus the prototype for the subsequent organic acts that created organized territories during the westward expansion of the United States. It specifically provided for the appointment by Congress of a Territorial Governor with a three-year term, a Territorial Secretary with a four-year term, and three Judges, with no set limit to their term. As soon as there was a population of 5,000 "free male inhabitants of full age", they could form a general assembly for a legislature. In 1789, the U.S. Congress made minor changes, such that the President, with the advice and consent of the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, had the power to appoint and remove the Governor and officers of the territory instead of Congress. The Territorial Secretary was authorized to act for the Governor, if he died, was absent, was removed, or resigned from office.
Establishment of Natural Rights
The Natural RightsNatural rights
Natural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists. Natural rights are rights not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable...
provisions of the ordinance foreshadowed the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, the first ten amendments to the U.S. Constitution. Many of the concepts and guarantees of the Ordinance of 1787 were incorporated in the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. In the Northwest Territory, various legal and property rights were enshrined, religious tolerance was proclaimed, and it was enunciated that since "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." The right of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
was written into the charter, as was freedom of religious worship and bans on excessive fines and cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
. Trial by jury and a ban on ex post facto laws were also rights granted.
Prohibition of slavery
"There shall be neither slavery nor involuntary servitude in the said territory." The language of the ordinance seems to ban slavery, but it continued almost until the Civil War. Southern states voted for the law apparently because they did not want to compete over tobacco. The balance of slave states would not be affected with slavery south of the Ohio River in 1790."Virginia, it is well known, in the year 1784, ceded to the United States then united only by the original Articles of Confederation her vast possessions northwest of the Ohio, from which the great States of Ohio, Indiana, Michigan, Illinois, Wisconsin, and part of Minnesota, have since been formed. In 1787 before the adoption of the Federal Constitution the celebrated "Ordinance" for the government of this Northwestern Territory was adopted by the Congress, with the full consent, and indeed at the express instance, of Virginia. This Ordinance included six definite "Articles of compact between the original States and the people and States in the said Territory," which were to "for ever remain unalterable unless by common consent." The sixth of these articles ordains that "there shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted."
Article VI required fugitive slaves to be returned, giving slave owners unprecedented support not previously available.
Definition of the Midwest as a region
The Northwest Ordinance, along with the Land Ordinance of 1785Land Ordinance of 1785
The Land Ordinance of 1785 was adopted by the United States Congress on May 20, 1785. Under the Articles of Confederation, Congress did not have the power to raise revenue by direct taxation of the inhabitants of the United States...
, laid the legal and cultural groundwork for midwestern (and subsequently, western) development. Significantly, the free state legal philosophies of both Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
and Salmon P. Chase
Salmon P. Chase
Salmon Portland Chase was an American politician and jurist who served as U.S. Senator from Ohio and the 23rd Governor of Ohio; as U.S. Treasury Secretary under President Abraham Lincoln; and as the sixth Chief Justice of the United States Supreme Court.Chase was one of the most prominent members...
(Chief Justice, Senator, and early Ohio law author) were derived from the Northwest Ordinance.
Effects on Native Americans
In two articles, the Northwest Ordinance mentions the Native AmericansNative Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
within this region:
- "The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them."
This section became more of a nominal provision than a real one, as in an earlier section, it assumes that:
- "...the governor shall make proper divisions thereof... to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships."
Many Native Americans in Ohio, who were not parties, refused to acknowledge treaties signed after the Revolutionary War that ceded lands north of the Ohio River
Ohio River
The Ohio River is the largest tributary, by volume, of the Mississippi River. At the confluence, the Ohio is even bigger than the Mississippi and, thus, is hydrologically the main stream of the whole river system, including the Allegheny River further upstream...
inhabited by them to the United States. In a conflict sometimes known as the Northwest Indian War
Northwest Indian War
The Northwest Indian War , also known as Little Turtle's War and by various other names, was a war fought between the United States and a confederation of numerous American Indian tribes for control of the Northwest Territory...
, Blue Jacket
Blue Jacket
Blue Jacket or Weyapiersenwah was a war chief of the Shawnee people, known for his militant defense of Shawnee lands in the Ohio Country...
of the Shawnee
Shawnee
The Shawnee, Shaawanwaki, Shaawanooki and Shaawanowi lenaweeki, are an Algonquian-speaking people native to North America. Historically they inhabited the areas of Ohio, Virginia, West Virginia, Western Maryland, Kentucky, Indiana, and Pennsylvania...
s and Little Turtle of the Miamis
Miami tribe
The Miami are a Native American nation originally found in what is now Indiana, southwest Michigan, and western Ohio. The Miami Tribe of Oklahoma is the only federally recognized tribe of Miami Indians in the United States...
formed a confederation to stop white expropriation of the territory. After the Indian confederation had killed more than 800 soldiers in two battles — the worst defeats ever suffered by the U.S. at the hands of the Indians — President Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
assigned General Anthony Wayne
Anthony Wayne
Anthony Wayne was a United States Army general and statesman. Wayne adopted a military career at the outset of the American Revolutionary War, where his military exploits and fiery personality quickly earned him a promotion to the rank of brigadier general and the sobriquet of Mad Anthony.-Early...
command of a new army
Legion of the United States
The Legion of the United States was a reorganization and extension of the United States Army from 1792 to 1796 under the command of Major General Anthony Wayne.-Origins:The impetus for the Legion came from General Arthur St...
, which eventually defeated the confederation and thus allowed European-Americans to continue settling the territory.
External links
- Facsimile of 1789 Act
- http://www.wisconsinhistory.org/turningpoints/search.asp?id=22 Nathan DaneNathan DaneNathan Dane was an American lawyer and statesman who represented Massachusetts in the Continental Congress from 1785 through 1788...
was a Massachusetts attorney and delegate to the Continental Congress, 1785-1787. He helped draft the Ordinance of 1787 under which western regions were to be governed and ultimately admitted to the union. This letter was written in New York, shortly after Dane's committee had drafted the Ordinance, to his colleague Rufus King in Philadelphia. Dane describes how the work was progressing and how he slipped in language outlawing slavery from the new territories.] - Cyclopædia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers Editor: Lalor, John J. (?-1899) Published: New York: Maynard, Merrill, and Co., 1899. First published: 1881. From the Library of Economics and Liberty.
- Student's guide to landmark congressional laws on civil rights By Marcus D. Pohlmann, Linda Vallar Whisenhunt