It is the fashion to speak of the immense opportunity offered to any race by a virgin continent. In one sense the opportunity is indeed great; but in another sense it is not, for the chance of failure is very great also. It is an opportunity of which advantage can be taken only at the cost of much hardship and much grinding toil.
It remained for Congress to determine the conditions under which the settlers could enter the new land, and under which new States should spring up therein. These conditions were fixed by the famous Ordinance of 1787; one of the two or three most important acts ever passed by an American legislative body, for it determined that the new Northwestern States, the children, and the ultimate leaders, of the Union, should get their growth as free commonwealths, untainted by the horrible curse of negro slavery.
Several ordinances for the government of the Northwest were introduced and carried through Congress in 1784-86, but they were never put into operation. In 1784, Jefferson put into his draft of the ordinance of that year a clause prohibiting slavery in all the Western territory, South as well as North of the Ohio River, after the beginning of the year 1801. This clause was struck out; and even if adopted it would probably have amounted to nothing, for if slavery had been permitted to take firm root it could hardly have been torn up. In 1785, Rufus King advanced a proposition to prohibit all slavery in the Northwest immediately, but Congress never acted on the proposal.
The next movement in the same direction was successful, because when it was made it was pushed by a body of well-known men who were anxious to buy the lands that Congress was anxious to sell, but who would not buy them until they had some assurance that the governmental system under which they were to live would meet their ideas. This body was composed of New Englanders, mostly veterans of the Revolutionary War, and led by officers who had stood well in the Continental army.
When, in the fall of 1783, the Continental army was disbanded, the war-worn and victorious soldiers, who had at last wrung victory from the reluctant years of defeat, found themselves fronting grim penury. Some were worn with wounds and sickness; all were poor and unpaid; and Congress had no means to pay them. Many among them felt that they had small chance to repair their broken fortunes if they returned to the homes they had abandoned seven weary years before, when the guns of the minute-men first called them to battle.
These heroes of the blue and buff turned their eyes westward to the fertile lands lying beyond the mountains. They petitioned Congress to mark out a territory, in what is now the State of Ohio, as the seat of a distinct colony, in time to become one of the confederated States; and they asked that their bounty lands should be set off for them in this territory. Two hundred and eighty-five officers of the Continental line joined in this petition; one hundred and fifty-five, over half, were from Massachusetts, the State which had furnished more troops than any other to the Revolutionary armies. The remainder were from Connecticut, New Hampshire, New Jersey, and Maryland.
The signers of this petition desired to change the paper obligations of Congress, which they held, into fertile wild lands which they should themselves subdue by their labor; and out of these wild lands they proposed to make a new State. These two germ ideas remained in their minds, even though their petition bore no fruit. They kept before their eyes the plan of a company to undertake the work, after getting the proper cession from Congress. Finally, in the early spring of 1786, some of the New England officers met at the “Bunch of Grapes” tavern in Boston, and organized the Ohio Company of Associates. They at once sent one of their number as a delegate to New York, where the Continental Congress was in session, to lay their memorial before that body.
Congress was considering another ordinance for the government of the Northwest when the memorial was presented, and the former was delayed until the latter could be considered by the committee to which it had been referred. In July, Dr. Manasseh Cutler, of Ipswich, Massachusetts, arrived as a second delegate to look after the interests of the company. He and they were as much concerned in the terms of the governmental ordinance, as in the conditions on which the land grant was to be made. The orderly, liberty-loving, keen-minded New Englanders who formed the company, would not go to a land where the form of government was hostile to their ideas of righteousness and sound public policy.
The one point of difficulty was the slavery question. Only eight States were at the time represented in the Congress, these were Massachusetts, New York, New Jersey, Delaware, Virginia, North and South Carolina, and Georgia—thus five of the eight States were Southern. But the Federal Congress rose in this, almost its last act, to a lofty pitch of patriotism; and the Southern States showed a marked absence of sectional feeling in the matter. Indeed, Cutler found that though he was a New England man, with a New England company behind him, many of the Eastern people looked rather coldly at his scheme, fearing lest the settlement of the West might mean a rapid drainage of population from the East. Nathan Dane, a Massachusetts delegate, favored it, in part because he hoped that planting such a colony in the West might keep at least that part of it true to “Eastern politics.’’ The Southern members, on the other hand, heartily supported the plan. The committee that brought in the ordinance, the majority being Southern men, also reported an article prohibiting slavery. Dane was the mover, while the rough draft may have been written by Cutler; and the report was vigorously pushed by the two Virginians on the committee, William Grayson and Richard Henry Lee. The article was adopted by a vote unanimous, except for the dissent of one delegate, a nobody from New York.
The ordinance established a territorial government, with a governor, secretary, and judges. A General Assembly was authorized as soon as there should be five thousand free male inhabitants in the district. The lower house was elective, the upper house, or council, was appointive. The Legislature was to elect a territorial delegate to Congress. The governor was required to own a freehold of one thousand acres in the district, a judge five hundred, and a representative two hundred; and no man was allowed to vote unless he possessed a freehold of fifty acres.14 These provisions would seem strangely undemocratic if applied to a similar territory in our own day.
The all-important features of the ordinance were contained in the six articles of compact between the confederated States and the people and States of the territory, to be forever unalterable, save by the consent of both parties. The first guaranteed complete freedom of worship and religious belief to all peaceable and orderly persons. The second provided for trial by jury, the writ of habeas corpus, the privileges of the common law, and the right of proportional legislative representation. The third enjoined that faith should be kept with the Indians, and provided that “schools and the means of education” should forever be encouraged, inasmuch as “religion, morality, and knowledge” were necessary to good government. The fourth ordained that the new States formed in the Northwest should forever form part of the United States, and be subject to the laws, as were the others. The fifth provided for the formation and admission of not less than three or more than five States, formed out of this Northwestern territory, whenever such a putative State should contain sixty thousand inhabitants; the form of government to be republican, and the State, when created, to stand on an equal footing with all the other States.
The sixth and most important article declared that there should never be slavery or involuntary servitude in the Northwest, otherwise than for the punishment of convicted criminals, provided, however, that fugitive slaves from the older States might lawfully be reclaimed by their owners. This was the greatest blow struck for freedom and against slavery in all our history save only Lincoln’s emancipation proclamation, for it determined that in the final struggle the mighty West should side with the right against the wrong. It was in its results a deadly stroke against the traffic in and ownership of human beings, and the blow was dealt by Southern men, to whom all honor should ever be given.
This anti-slavery compact was the most important feature of the ordinance, yet there were many
other features only less important.
In truth the ordinance of 1787 was so wide-reaching in its effects, 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, coming in that little group which includes the Declaration of Independence, the Constitution, Washington’s Farewell Address, and Lincoln’s Emancipation Proclamation and Second Inaugural. It marked out a definite line of orderly freedom along which the new States were to advance. It laid deep the foundation for that system of widespread public education so characteristic of the Republic and so essential to its healthy growth. It provided that complete religious freedom and equality which we now accept as part of the order of nature, but which were then unknown in any important European nation. It guaranteed the civil liberty of all citizens. It provided for an indissoluble Union, a Union which should grow until it could relentlessly crush nullification and secession; for the States founded under it were the creatures of the Nation, and were by the compact declared forever inseparable from it.
In one respect the ordinance marked a new departure of the most radical kind. The adoption of the policy therein outlined has worked a complete revolution in the way of looking at new communities formed by colonization from the parent country. Yet the very completeness of this revolution to a certain extent veils from us its importance. We can not realize the greatness of the change because of the fact that the change was so great; for we can not now put ourselves in the mental attitude which regarded the old course as natural. The Ordinance of 1787 decreed that the new States should stand in every respect on an equal footing with the old; and yet should be individually bound together with them. This was something entirely new in the history of colonization. Hitherto every new colony had either been subject to the parent State, or independent of it. England, Holland, France, and Spain, when they founded colonies beyond the sea, founded them for the good of the parent State, and governed them as dependencies. The home country might treat her colonies well or ill, she might cherish and guard them, or oppress them with harshness and severity, but she never treated them as equals. Russia, in pushing her obscure and barbarous conquest and colonization of Siberia,—a conquest destined to be of such lasting importance in the history of Asia,—pursued precisely the same course.
In fact, this had been the only kind of colonization known to modern Europe. In the ancient world it had also been known, and it was only through it that great empires grew. Each Roman colony that settled in Gaul or Iberia founded a city or established a province which was tributary to Rome, instead of standing on a footing of equality in the same nation with Rome. But the other great colonizing peoples of antiquity, the Greeks and Phoenicians, spread in an entirely different way. Each of their colonies became absolutely independent of the country whence it sprang. Carthage and Syracuse were as free as Tyre or Sidon, as Corinth or Athens. Thus under the Roman method the empire grew, at the cost of the colonies losing their independence. Under the Greek and Carthaginian method the colonies acquired the same freedom that was enjoyed by the mother cities; but there was no extension of empire, no growth of a great and enduring nationality. The modern European nations had followed the Roman system. Until the United States sprang into being every great colonizing people followed one system or the other.
The American Republic, taking advantage of its fortunate federal features and of its strong central government, boldly struck out on a new path, which secured the freedom-giving properties of the Greek method, while preserving national Union as carefully as it was preserved by the Roman Empire. New States were created, which stood on exactly the same footing as the old; and yet these new States formed integral and inseparable parts of a great and rapidly growing nation. This movement was original with the American Republic; she was dealing with new conditions, and on this point the history of England merely taught her what to avoid. The English colonies were subject to the British Crown, and therefore to Great Britain. The new American States, themselves colonies in the old Greek sense, were subject only to a government which they helped administer on equal terms with the old States. No State was subject to another, new or old. All paid a common allegiance to a central power which was identical with none.
The absolute novelty of this feature, as the world then stood, fails to impress us now because we are so used to it. But it was at that time without precedent; and though since then the idea has made rapid progress, there seems in most cases to have been very great difficulty in applying it in practice. The Spanish-American States proved wholly unable to apply it at all. In Australia and South Africa all that can be said is that events now apparently show a trend in the direction of adopting this system. At present all these British colonies, as regards one another, are independent but disunited; as regards the mother country, they remain united with her, but in the condition of dependencies.
The vital feature of the ordinance was the prohibition of slavery. This prohibition was not retroactive; the slaves of the French villagers, and of the few American slaveholders who had already settled round them, were not disturbed in their condition. But all further importation of slaves, and the holding in slavery of any not already slaves, were prohibited. The prohibition was brought about by the action of the Ohio Company. Without the prohibition the company would probably not have undertaken its experiment in colonization; and save for the pressure of the company slavery would hardly have been abolished. Congress wished to sell the lands, and was much impressed by the solid worth of the founders of the association. The New Englanders were anxious to buy the lands, but were earnest in their determination to exclude slavery from the new territory. The slave question was not at the time a burning issue between North and South; for no Northerner thought of crusading to destroy the evil, while most enlightened Southerners were fond of planning how to do away with it. The tact of the company’s representative before Congress, Dr. Cutler, did the rest. A compromise was agreed to; for, like so many other great political triumphs, the passage of the Ordinance of 1787 was a compromise. Slavery was prohibited, on the one hand; and on the other, that the territory might not become a refuge for runaway negroes, provision was made for the return of such fugitives. The popular conscience was yet too dull about slavery to be stirred by the thought of returning fugitive slaves into bondage.
A fortnight after the passage of the ordinance, the transaction was completed by the sale of a million and a half acres, north of the Ohio, to the Ohio Company. Three million and a half more, known as the Sciato purchase, were authorized to be sold to a purely speculative company, but the speculation ended in nothing save financial disaster. The price was nominally seventy cents an acre; but as payment was made in depreciated public securities, the real price was only eight or nine cents an acre. The sale illustrated the tendency of Congress at that time to sell the land in large tracts; a most unwholesome tendency, fruitful of evil to the whole community. It was only by degrees that the wisdom of selling the land in small plots, and to actual occupiers, was recognized.
Together with the many wise and tolerant measures included in the famous Ordinance of 1787, and in the land Ordinance of 1785, there were one or two which represented the feelings of the past, not the future. One of them was a regulation which reserved a lot in every township to be given for the purposes of religion. Nowadays, and rightfully, we regard as peculiarly American the complete severance of Church and State, and refuse to allow the State to contribute in any way toward the support of any sect.
A regulation of a very different kind provided that two townships should be set apart to endow a university. These two townships now endow the University of Ohio, placed in a town which, with queer poverty of imagination, and fatuous absence of humor, has been given the name of Athens.
The company was well organized, the founders showing the invaluable New England aptitude for business, and there was no delay in getting the settlement started. After some delibera
tion the lands lying along the Ohio on both sides of, but mainly below, the Muskingum, were chosen for the site of the new colony. There was some delay in making the payments subsequent to the first, and only a million and some odd acres were patented. One of the reasons for choosing the mouth of the Muskingum as the site for the town was the neighborhood of Fort Harmar, with its strong Federal garrison, and the spot was but a short distance beyond the line of already existing settlement.
As soon as enough of the would-be settlers were ready, they pushed forward in parties toward the headwaters of the Ohio, struggling along the winter-bound roads of western Pennsylvania. In January and February they began to reach the banks of the Youghiogheny, and set about building boats to launch when the river opened. There were forty-eight settlers in all who started down stream, their leader being General Rufus Putnam. He was a tried and gallant soldier, who had served with honor not only in the Revolutionary armies, but in the war which crushed the French power in America. On April 7, 1788, he stepped from his boat, which he had very appropriately named the Mayflower, on to the bank of the Muskingum. The settlers immediately set to work felling trees, building log houses and a stockade, clearing fields, and laying out the ground-plan of Marietta; for they christened the new town after the French Queen, Marie Antoinette.15 It was laid out in the untenanted wilderness; yet near by was the proof that ages ago the wilderness had been tenanted, for close at hand were huge embankments, marking the site of a town of the long-vanished mound-builders. Giant trees grew on the mounds; all vestiges of the builders had vanished, and the solemn forest had closed above every remembrance of their fate.
The Winning of the West Page 89