The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-11-30
Has Different
Opinions
SENATORH0AR
Nathan Dane Credited with
Famous Old Ordinance.

The GAINESVILLE. Ohio, Weekly Courier
prints the following interesting state
ment, made by George NJ. Woodbridge,
in a paper addressed to the Pioneer and
Historical Society Of Muskingum coun-
", Thursday, November 3, and printed
in the Courier, November TO-
consider it a favor Of no small
magnitude to be given the opportunity
to offer an article for the considera-
ton Of your society at its next meet
ing. In embracing this opportunity 1
have chosen to call the attention of
your membership to a speech which
has, | presume, been read by each
OF you or which perchance, may be
read before your meeting, recently de-
Hvered by Senator Hoar at Rutland.
Massachusetts, on the occasion of the
unveiling of tablets to General Rufus
Putnam
In this speech Senator Hoar gives
his opinion as to the authorship Of
the ordinance of 1877, giving credit
therefor chiefly to the Rev Ma
nasseh Cutler. Others, some of whom
are at least of equal distinction. and
with certainly as good opportunities of
knowing the facts, have given very
different opinions in confirmation Of
which We quote from the following:
Daniel Webster in his carefully
prepared speech on Foots resolution
delivered January Goth, 1880 says:
At the foundation Of the constitu
tien of these new northwestern states
lies the celebrated ordinance of 1881
We are accustomed, sir, to praise the
lawgivers of antiquity: we help to per-
petuate the fame of Scion and Lycur-
gus but I doubt whether one single
law of any law eiVer, ancient or mod
ern. has produced effects Of more dis
Cinct marked and lasting character
than the ordinance Of 1887
That instrument was drawn by
Nathan Dane, then and now a citizen
of Massachusetts, 1t was adopted, as
I think I have understood, without the
slightest alteration; and certainly it
has happened to few men to be the au-
thors of a political measure of more
large and enduring consequence. 1t
fixed forever the character Of the pop
ulation in the vast regions northwest
Of the Ohio by excluding from them
involuntary servitude. 1t impressed on
the soil itself while it was yet a viii
derness. an incapacity to sustain any
other than freemen 1t laid the inter-
dict against personal servitude in or
lglQal compact, NOT Oil4S uetpSl ltLelAI
all local law. but deeper also than all
local constitutions. Under the cir
cumstances then existing. I look upon
this original and seasonable provision
as a real good attained. We see its
consequences at this moment, and we
shall never cease to see them, perhaps,
while the Ohio shall flow. Il was a
great and sanitary measure of proven
ton
The distinguished historian, George
Bancroft. after the most fun and eX-
haustive examination Of papers and
documents ever given upon this sub
iect. expresses in a chapter from his
History Of the Constitution an opin-
ion which does not coincide with that of
Senator Hoar
Of Governor Edward Coles, of Illinois,
Senator Washburn from the same state.
says: What l shall make known 10
you of the character. the ability, and
the craftsmanship Of Edward Coles viii
reveal to you a man whose life will, l
am certain, challenge your admiration
and respect, and whose services to our
state will entitIe him to the lasting
gratitude of US ALL In him is illustrated
the saying which Sir Henry Taylor puts
into the mouth Of Philip Van Artevelde,
The world knows nothing of its great
est men
In an address before the Historical
Society of Pennsylvania, under date
June g. 1856, Governor Coles expresses
an opinion entirely adverse to that of
Senator Hoar, upon the authorship of
the ordinance Of 1887.
But why need we multiply authorities
upon this subject? We have the over
whelming evidence in the statement
/ made by Nathan Dane himself. He re-
ported to the convention as chairman
of the committee of the ordinance of
1887, and after the passage Of that act
by the constitutional convention in a
letter to Rufus King which may be
found in Bancroft's History of the
Constitution" volume II, page 431, says,
| When I drew the ordinance (Which
passed. a few words excepted, just as
l originally formed it,, l had no idea
that the states would agree to the sixth
article, prohibiting slavery as only
Massachusetts, Of the eastern states,
was present, and therefore I omitted it
in the draft. but finding the house ia
vorably disposed on the subject. after
we had completed the other parts.
moved the article which was agreed
to without opposition ] will briefly re-
fer to and attempt to refute further
statement Of Senator Hoar in his adj
dress. in which he claims that in the
first constitutional convention of Ohio
an attempt was made and was well
nigh successful to fasten slavery upon
the state
Colonel W. f. Gilmore. in an extended
article published in the ChilIcothe
Gazette under date of May 16, 1895,
writes:
7 do not believe that there was
| any such struggle over the subject
in the convention. as some persons
would have the world believe, nor
/ that the exclusion of slavery was
| carried by the narrow margin of one
vote. The official journal and record
/ Of the convention, which now lies be-
! fore me, kept by Judge Thomas Scott
/ secretary Of the convention, and daily
! supervised by Messrs. Riley, Gilman
( and Donaldson, a committee appoint
] ed for that purpose. does not give the
! faintest intimatiOn in support of this
( story. In fact, no contemporaneous
| statement refers to it at all, and il is
! to be observed that the clause, as II
/ stands in the constitution of 1902, is
| in the exact unchanged words of the
| 9Th clause of the ordinance of 1881
which it is not probable the conven-
! ton had any serious thought Of
! changing.
In the life Of Edward Tiffin, first gov
/ ernor Of Ohio published last year. on
] the 22d page. may be found the follow
/ ing:
/ Here is a proper place to refute
an oft-repeated Islander on the early
settlers of the territory, and especial
! ~ the Virginia and Kentucky contin-
gent of them, to wit that they de-
sired to fasten the institution of do
nestle slavery in the northwest A
petition was presented to that first
| legislature from certain persons still
resident in Virginia. asking that
| they be allowed to retain their negro
slaves in bondage. The petition was
not even considered and we are told
| by Judge Jacob Burnet. himself a
distinguished member of the legis-
| lative council, that such was the
feeling and temper of the delegates
in regard to slavery, that il there