Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-08

The authorship of this justly celebrated ordinance
was ever, and it is believed universally awarded to
tn. JEFFERSON, until, in "a general abridgment
and digest Of American law" published in 1924 by
NATHAN DANE, he asserted that it had been /" form
ed by him, which has been construed mean that
he was the sauthor, Of it. In the debate which
took place onfs Foot's resolution in the Senate Of
the United States in January, 1880, Mr.. WEBSTER
asserted that the ordinance g was drawn by LATHAM
DANE" When this was controverted, he again re-
peated it, resting his assertion on the authority and
high character of Nathan Dane. And in June
1852, in speech made in the Senate, Mr.. SUM
NER spoke of Nathan Dane as the !" author of the
ordinance of 1887; = and, when written to on the
subject replied by referring to the assertions of Ma
than Dane in 1924 and Daniel Webster in 1880 as
his (Suinner's) authority for making the assertion
With every disposition to be liberal and respect
full to Mr.. Dane, to whom credit may be due for his
labors in advocating and perfecting the ordinance
though the Journals of Congress do not show it. it
Is nevertheless due to the truth of history, to the
character of the ordinance, and to great man and
distinguished laborer in the service of his country
and of his race that facts Of such importance should
be correctly stated, and credit given to whom credit
is justly due. This is more incumbent on the friends
and admirers Of the ordinance, as it would diminish
Its weight and influence to take the authorship of
from Th. Jefferson, one of the most distinguished
political founders of liberty, the great head of
the Republicans of the Union, and, as Southern
man, possessing an influence in regard to its most
important feature where it is chiefly wanted 1t
would give the credit to man comparatively unds-
tinguished, Northern man too, and considered, on
that account, alien to "the peculiar institution
OF the South, at which the ordinance aimed a ma
tionI blow; and man of so little celebrity that
when Mr.. Webster asserted he was its author, Sena-
{Sro# nrfa, ,lx-,
and public men, inquired who Nathan Dane was
declaring that they had never heard of him before
allude to this not for the purpose Of maintaining
claim not Justly due, or giving fictitious credit
to the ordinance but as reason why it should not
be deprived and that too by its friends of the credit
and influence derived from such parentage
As 1t Is on the solitary assertion of Nathan Dane
and that too made in casual manner, and unsup-
ported by the Journals of Congress, that this claim
Is set up, 1T is proper we should examine how the
assertion was made and how it should be under
stood In chapter in the Digest of American Law,
above referred to- titles under statutes to pro-
perry in the several States in the Union" Mr. Dane
says:
1t viii be remembered that besides Massachusetts
and Virginia. fourteen Of the present States were settled
and titles in them took root before the territorial ord
nance or constitution was established by Congress in july
1887; under which all the other States in the Union ex
cept louisiana have been settled and titles to property
real and personal in them have grown up on uniform
principles among themselves and also in regard to the
other States This ordinance formed by the author of
this work. was framed mainly from the laws of Massa
chusetts especially in regard to titles and as to them
contains the following clauses."
lie then recites the provisions in the ordinance,
describing how estates shall be conveyed by lease
and release; how they are to be devised and be-
queathed, and how disposed of when persons die in
testate and those declaring that no law ought ever
to be made impairing contracts and then he adds :
There shall be neither slavery nor involuntary serv
tude in the said Territory otherwise than in the punish
ment Of crimes, whereof the party shall have been duly
convicted provided always that any person escaping
into the same from whom labor or service is lawfully
claimed in any Of the original States such fugitive
may De lawfully reclaimed and conveyed to the person
claiming his her labor service as aforesaid Thus
ne continues the laws Of Massachusetts, laid the foun
dalton OF titles TO real and personal estates by deed by
W and oy descent in all the Territories Of the Union
northwest Of the river Ohio and substantially in the other
territories to which this ordinance has been extended"
DO not this statement and these extracts show
that Mr. Dane, in saying he " formed" the or
anance, and framed it mainly from the laws of
massachusetts,, had allusion TO that part Of the
ordinance which q laid the foundation of titles to
real and personal estates by deed, BY will and by
oesoents 10 make this the more clear let us
refer 70 tne ordinance itself From this it will be
seen tGat !, contains two great divisions One pro-
WV ioi 'ne organization OF the Territorial Gov
crnment prescribing how the officers should be an.
pointed, how the titles Of property were TO be ac
quired, preserved and disposed Of and var;ous an.
actments OF similar character, all being renealahe
and alterable at the pleasure Of the parties The
other division consisted Of great fundamental nro.
visions, contained in six articles, which were 40.
carcd 10 be compact and agreement between tho
original States and the States to be formed ont &C
the territory northwest Of the Ohio and not alter
able but with the consent Of both parties
The originator and author Of this peculiar and
unique classification was TIL. JEFFERSON. II was
one of the original and peculiar features, as il was
the most distinguished one of his draft Ii had no
connexlon or resemblance to the laws of Massachu.
setts No such solemn compact had ever been made
between Congress and that State Slavery had not
been abolished and its liberation forever prohibited
IN Massachusetts, by any such ordinanceor compact
on, inc contrary, ! have Eays understood that il
had been done away with that State, simply by
the decisions Of its Judiciary, declaring slavery to
be inconsistent with and in violation of that part OF
the Declaration of American Independence which
declared that all men were born free and equal. and
to which Massachusetts, had not only given her as
sent, but re-afhrmed il in her Bill Of Rights.
Whilst denying, therefore, to Nathan Dane the
authorship, it may be conceded that he Il entitled
to be considered one Of the efficient laborers in form
ing and perfectng the ordinance But the mart
which he and others contributed was Of vastly mi
nor importance when compared with that Of tho
great political architect who conceived the DESIGN
and Diatured the outline Of the noble charter &c
liberty which fixed forever the character Of the no
y,ulation in the u,de re0ons norfbvoot of a. ~.