The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-04-29
The Ordinance of 1857.

The Ordinance of 1857.
| This ordinance of 1887, embodying as it
does the principles of selfgovernment, is a
land mark in the history of our government
| worthy to be compared with Magma Charta
or the Bill of Rights. Its history will always
be source of pride to us for the wisdom
exhibited in its conception and the prosperity
that has grown from it, and anything new
that may be said about il will be thankfully
received. In the April number of the North
American Reoieoo Mr.. William F. Pool con-
tributes an entertaining article under the
| title "Dr. Cutler and the Ordinance of 1857"
in which he ascribes the authorship of this
famous document to DR.. Manasseh Cutler,
then OF Ipswich, Massachusetts. Its author
| ship has been yariously attributed, to Mr..
Nathan Dane; parts of it, especially the anti
| slavery clause, to Mr.. Rufus King and again
| entirely to Mr.. Jefferson. Mr.. Webster be-
lieved the credit belonged wholly to Mr..
| Dane, and this has been the prevailing
opinion. Mr.. Pool, however, has produced
very plausible reasons to substantiate his
claim, and has drawn an interesting account
of the proceedings attendant upon the pass
ing of the ordinance. 1t was passed upon
the 18th Of July, 1887, by the Congress of the
old Confederation sitting in New York. Its
aim was to provide temporary government
for the territory northwest of the river
Ohio" with the ultimate design of taking
its separate districts into the Union when
ever they should become sufficiently peopled.
The territory comprised what are now the
states of Ohio, Indiana, Illinois, Michigan
and Wisconsin. This division was made in
compliance with provision that it should be
divided into not more than five or less than
three states. The question of allowing sla-
very to exist in this territory was the one
most warmly canvassed, and its final prohi-
btion gave to the ordinance its chief title to
renown. But there are other provisions that
in themselves exhibit the profoundest states
manship and mark the ordinance as bull
wark of civil liberty. They declared "that
'sreligion, morality and knowledge being nec-
essary to good government and the happiness
of mankind, schools and the means of eju-
cation shall always be encouraged" Nor
were the people, as new states were organized
on this territory, allowed 10 discard the pro-
visions of the ordinance in their constitu-
tions. Its vital principles were embodied in
six "articles of compact between the original
states and the people and the states of the
said territory, and forever to remain unalter-
able unless by common CONSENT" "No 9TH
er instance exists in American legislation"
says Mr.. Pool, s'of laws enacted under the
form of articles of compact except in the
ordinance relating to this same territory
drawn by Mr.. Jefferson in 1884" Had it
not been binding to this extent "Indiana and
Illinois, and possibly Ohio, would have been
admitted into the Union as slave states.' I'm
successful attempts were made 10 introduce
slavery into this territory-in 1902 by Will
liam Henry Harrison, then Governor of the
territory of Indiana, and again upon the ad-
mission OF Ohio into the Union the same
year. Upon the adoption of the present con-
stitution, one of the early acts of Congress
was the ratification of this ordinance, and
despite urgent appeals that slavery might be
dllOWCu, SOuSlCoS iiLnLy udfaIdluCu tuC
tegrity of the compact of 1887. Mr.. Pool
draws strong comparison between the states
over which the ordinance extended and those
upon the South and West. The difference
can be seen in the intelligence, thrift and So
cial customs of the people. This was even
more marked before the war than now, and
during the war ''every square mile of territory
that was covered by the ordinance of 1887
was patriotic, and gave its men and means
for the support of the Union," while, "soUth
and southwest Of that boundary line were
treachery and rebellion under the plausible
semblance of neutrality"
To have been the leading spirit in embody-
ing the ideas contained in this ordinance,
and to have secured its permanent adoption
is an honor to be coveted. Mr.. Pool has
found in DR.. Cutler such man as we would
willingly believe capable of it, and furnishes
the strongest proof that it was accomplished
through his instrumentality. He was man
of varied and profound accomplishments,
easy and affable in his manner, and an agree
able companion. He arrived at New York
upon the 5th of July, eight days before the
ordinance was passed. He came as an agent
of the Ohio Company to negotiate the pur-
chase of large tracts of land in the northwes-
tern Territory, upon which the company de-
signed to make settlements. The purchase
could not be made until satisfactory regula-
tions had been made for the future govern
ment of the people who should emig rate
thither. He at once associated himself with
the Southern members of Congress-, and his
pleasing manners readily won their good will.
Mr.. Pool suggests that this course was taken
from motives of policy, as he needed their
votes. It was believed that some of
the New England members even did
not favor the settlement of the West,
Massachusetts, had a large territory in the
province of Maine that she was willing
to sell. The previous drafts of the ordinance
that hal been before Congress were of
crude and rudimentary form. Now that the
opportunity offered for the sale of the lands
document must be framed satisfactory to
the purchaser. The first intimation of
change of policy was upon the 9th of July
Wueu Iue suDJCeG was CelerTeu 10 new COln-
mittee of which Mr.. Dane was not chairman,
as would have been probable had he been
prominent in the movement, but Mr.. Car
rington of Virginia, who together with the
rest of the committee were intimate friends
and advisors of DR.. Cutler. "The ordinance
Of 17S7," says Mr.. Pool, sis condensed ab-
stract of the Massachusetts, Constitution of
17S0'' and there was no evidence that Con-
gress intended to form the ordinance on this
basis until after DR.. Cutler arrived in New
York. AS DIR. Cutler and the members
of the Ohio Company were Massachusetts,
men, and as it was expected that the pro-
spective settlers would largely go from that