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diff --git a/old/61909-0.txt b/old/61909-0.txt deleted file mode 100644 index d9691fa..0000000 --- a/old/61909-0.txt +++ /dev/null @@ -1,4852 +0,0 @@ -The Project Gutenberg EBook of History of the Ordinance of 1787 and the -old Northwest Territory, by Various - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: History of the Ordinance of 1787 and the old Northwest Territory - A Supplemental Text for School Use - -Author: Various - -Editor: Harlow Lindley - Norris Franz Schneider - Milo Milton Quaife - -Release Date: April 23, 2020 [EBook #61909] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK HISTORY OF ORDINANCE OF 1787 *** - - - - -Produced by Brian Sogard and the Online Distributed -Proofreading Team at https://www.pgdp.net - - - - - - - - - - -[Illustration] - - - - -[Illustration: NORTHWEST TERRITORY] - -THIS CARTOGRAPHIC MAP OF NORTHWEST TERRITORY WITH THE ORDINANCE OF 1787 -ON THE MAP BACK - -In full color, this attractive pictorial map 18″×24″, shows how the -United States came into possession of the territory and how the states -developed from it—more history in easily understandable form than is -usual in a book. - -Under the celebration plan, the supplying of these maps to school -students in a state is a function of the State Commissions for Northwest -Territory Celebration. Where the state commissions do not provide -these maps, they may be procured from the Federal Northwest Territory -Celebration Commission, Marietta, Ohio, at the following prices: - -25 maps—50 cents postpaid - -100 maps—$1.50 postpaid - - - - - HISTORY OF THE - ORDINANCE OF 1787 AND THE - OLD NORTHWEST - TERRITORY - - (A Supplemental Text for School Use) - - Prepared for the - NORTHWEST TERRITORY CELEBRATION COMMISSION - under the Direction of a Committee Representing the States - of the Northwest Territory: - - Harlow Lindley, _Chairman_ - Norris F. Schneider - and - Milo M. Quaife - - The Federal Writers’ Project Cooperating - - Northwest Territory Celebration Commission - Marietta, Ohio - 1937 - - PRINTED IN U. S. A.—1937 - - _This book is distributed free to the school and college teachers - of Northwest Territory through the state departments of education - of the various states. It is offered to all others, along with an - 18″×24″ cartographic map of Northwest Territory in full color and - art copy of Ordinance of 1787, at ten cents per copy, postpaid - (coin, no stamps) by_ - - NORTHWEST TERRITORY CELEBRATION COMMISSION - Marietta, Ohio - - HOW TO MAKE A BEAUTIFUL HOME DECORATION OF THE CARTOGRAPHIC MAP - OF NORTHWEST TERRITORY - - _The pictorial maps available are very popular for home - decoration, especially when “antiqued.” Splendid wall pieces, - lamp shades, wastebasket covers, etc., can be made from them. - Similar pieces in the art stores sell at $1.00 to $5.00._ - - INSTRUCTIONS FOR ANTIQUING - - _Stretch the map flat, using thumbtacks at its corners. With - a soft brush apply two coats of orange shellac. Let each dry - thoroughly. Other antique effects can be secured by the use of - umber, burnt sienna, Vandyke brown, etc., ground in oil and - thinned with turpentine. To mount the map on wallboard or other - background, apply flour paste to back; let the paper stretch - thoroughly; apply carefully and rub out all wrinkles._ - - - - -CONTENTS - - - PAGE - - Introduction 6 - - Foreword 7 - - CHAPTER I—Pre-Ordinance Summary 9 - - CHAPTER II—History of the Ordinance of 1787 16 - - CHAPTER III—The First Settlement of the Northwest - Territory under the Ordinance of 1787 30 - - CHAPTER IV—The Beginnings of Government 45 - - CHAPTER V—Growth of Settlements 50 - - CHAPTER VI—Evolution of the Northwest Territory 66 - - CHAPTER VII—Significance of the Ordinance of 1787 75 - - Bibliography 85 - - School Contests 91 - - - - -INTRODUCTION - - -The Northwest Territory Celebration Commission, created by Congress to -design and execute plans for commemorating the passage of the Ordinance -of 1787 and the establishment of the Northwest Territory, takes pleasure -in presenting this brief outline of the history involved, to the public, -and particularly to the schools, whose students of today will be our -citizens almost before we realize it. - -Through the study of the thinking and the deeds of ordinary American -people during the formative—usually called “critical”—period of our -nation’s history, even though not so exciting or colorful as were battles -and heroes, we may find some understanding of how this nation attained -greatness, and provide inspiration to our own and future generations. - -Through the years vast amounts of material and substantiating evidence -have come to light, and as historians have been able to view this -formative period in perspective, it has assumed an ever-increasing -importance in the foundation upon which our civilization rests. - -As yet, that accumulating recognition is largely scattered through a vast -number of specialized studies and books, as various authorities have -unearthed important and vital related facts. - -And so this commission has asked the state historians of the states of -the Northwest Territory, with Dr. Harlow Lindley as chairman, and with -such acceptable assistance as they might secure, to digest the available -material into this brief but coordinated summary. - -It is impracticable and unnecessary, for the purposes of this book, to -go into further original research. There is ample accurate material -now available for these pages, the prime purpose of which is to give a -fundamental knowledge to all whom it may reach, and to inspire a further -study by those so inclined, to the end that America may know why America -is, and what it really rests upon, and what may be our surest and -soundest path for progress to the continued betterment of mankind through -government. - - NORTHWEST TERRITORY CELEBRATION COMMISSION, - - GEORGE WHITE, _Chairman_ - E. M. HAWES, _Executive Director_ - - - - -FOREWORD - - -This brief elementary textbook presenting the history of the Ordinance -of 1787 and the establishment of civil government in the old Northwest -Territory out of which was created later the states of Ohio, Indiana, -Illinois, Michigan, Wisconsin and part of Minnesota, has been prepared -at the suggestion of the Northwest Territory Celebration Commission for -supplementary study in the schools. - -Under the instructions of the commission, and according to our own -concepts of the purposes of this book, it has seemed impossible to -attempt original research or study into less substantiated phases of the -history covered. Rather, it has been our purpose to digest in correlated -form, and briefly, the fund of material which already has been developed -by countless individual studies and writings. - -This available material, although now generous in amount and amply -authenticated, requires some explanation. It is to be remembered that the -people of our early westward movement and, to a great extent, of all our -early history, were _makers_ of history, rather than _writers_ of it. -There were settled communities of individuals who summarized the more -humble events of life, even though these events might be more substantial -and indicative than colorful armies and battles. - -Resultantly, research into this history of necessity has been largely -confined to the casual and incidental records of the time—letters, -diaries, the meager public records and scarce newspapers and -publications. This has so far resulted in many specialized studies which -are available. The need now is that these be brought together into a -correlated record of an epoch, which will fit itself into the fabric of -our national history. - -Hence this book. - -Attention is called to the bibliography, which is included as an aid -to further study. Even this list of published material is necessarily -abridged from the more complete bibliography which is available. - -Some repetition is experienced in the text, as is likely with subjects -involving many ramifications and treated by different writers. - -Those immediately in charge of this work have consulted with -representatives of various historical agencies and a number of prominent -educators in each of the states concerned. - -Harlow Lindley, secretary, editor and librarian of the Ohio State -Archaeological and Historical Society, as chairman of the committee -appointed by the commission, has been responsible for collecting and -organizing the material. The executive director of the Northwest -Territory Celebration Commission prepared Chapter I and the latter part -of Chapter V. Mr. Norris F. Schneider of the Zanesville (Ohio) High -School, has written Chapter III. Dr. Milo M. Quaife, secretary and editor -of the Burton Historical Collection in the Detroit Public Library, not -only has represented the state of Michigan in making the plans for the -book, but also has contributed Chapter VII. - -One unique feature of the project is the fact that most of the -illustrations are the work of students in the schools of the states which -evolved from the old Northwest Territory. These were made possible as a -result of an illustration contest sponsored by the commission. - -The readers of this book are referred to the pictorial map of the -Northwest Territory issued by the Northwest Territory Celebration -Commission to which reference is made on page 4. This map tells the story -of the evolution of the old Northwest Territory and also contains a copy -of the Ordinance of 1787. - - HARLOW LINDLEY, _Chairman_. - -Columbus, Ohio - -July 1, 1937 - - - - -CHAPTER I - -PRE-ORDINANCE SUMMARY - - -While much of the history of the American colonies has been ably -presented in other school history texts, and it is not the province of -this book to rehearse it, there is reason for a brief summary which will -place in the mind of the reader the background for the events of which -this book treats. - -It is not easy to value or even to understand the forces which were at -work in America unless we consider what _types of people_ were involved. -While most of the colonies were settled by Englishmen, this did not mean -that they were always congenial. The Puritans of New England, radical -in their beliefs and zealous in their doctrines, had little in common, -even while they were in England, with their fellow countrymen who settled -Virginia, the Carolinas, and Georgia. In between these discordant groups -were the Dutch of New York, the Swedes of Delaware, the Catholics of -Maryland, and the Quakers and Germans of Pennsylvania. - -Beyond these national and social differences were the trends brought -about by their environments in this new land. The rocky and discouraging -soils of the northern colonies, even the climate itself, tended to widen -the gulf between these people and the pleasure-loving folk of the South, -with its broad fertile acres and mild climate. It was inevitable that -the New Englanders should turn to manufacture and trade, while the South -should remain agrarian, and equally inevitable that this should result in -jealousy and rivalry. - -But a still more vital force was at work to encourage distrust and -dislike. People of that day took their religious beliefs very seriously. -Even those who fled from a state church could not escape the idea of -state and religion being inexorably related. - -Although the Puritans of Massachusetts had fled England to gain -“religious freedom,” they might better have said to gain freedom for -their own sort of religion, for they were as intolerant of other -religious beliefs as had been the Church of England of theirs. Indeed, -Connecticut and Rhode Island were split off from the Massachusetts colony -because of religious disputes. The southern colonies, still clinging to -the state church of the mother country, were anathema to New England and -New England to them. With the Quakers in Pennsylvania, and the Catholics -in Maryland—and all zealous for their own religious contentions—the -tendency was even further from, rather than toward, the building of a -common nation. - -And so, with diverse nationalities, religious and economic and moral -distinctions; with widely varying charters from the king and jealousies -between rival groups of European “owners,” we may well wonder that the -colonies got along together at all. - -For a century and a half the population increased, and with it the -discordant feeling between at least many of the colonies. They had only -one thing in common—an increasing distrust of and rebellious spirit -toward the mother country and the king. This could result in the joining -of forces against a common and more powerful enemy. And so it did -finally. But in all this there had been no proposal for a new nation, or, -more particularly, for a new theory and plan of government. True enough, -there had been a convention called at Albany in 1754 for united effort -against the Indians, but the colonies were not strongly in favor of it, -and the king would not tolerate the union. - -As lands along the coast became more occupied and therefore higher -priced, and the political uncertainties more acute, the more adventurous -colonists, perhaps irked by the restraint of individual freedom which any -government imposes, struck out for the wilderness westward. - -[Illustration: MARQUETTE - -_Drawn by Howard Petrey, Superior, Wisconsin_] - -Also, because we are trying here to study what was in the minds of -men, _why_ they did this or that, it must be remembered that the world -was still looking for the Northwest Passage to Cathay. As late as the -outbreak of the Revolution, and even later, England was subsidizing -efforts to locate this short route to the fabled East. Thus the same urge -which had led Columbus to the discovery of America played a part in the -development of colonial plans. - -From the seventeenth century onward, French missionaries and fur traders -had extended their explorations and their scattered posts, effecting -alliances with the Indians, and inciting violent resistance to English -and colonial approach. As late as 1749 Celoron led a considerable -expedition down the Ohio River, up the Great Miami and to the Lakes, -tacking notices on trees and planting leaden plates claiming possession -in the name of the king of France. This had an ominous meaning, in that -the French had done almost nothing in settling Ohio, whereas it was in -this very direction that English settlement pressed. - -During this period, which culminated in the French and Indian War, the -colonies did not cooperate, although, as has already been said, the need -for united effort was first publicly urged at the Albany convention. -After the French and Indian war was over, and the title to the Northwest -had been ceded to England, she herself became suspicious of westward -American settlement, and forbade it, even to the extent of giving to the -province of Quebec the lands she had previously given to the American -colonies. - -The rugged and fearless individualists who were most likely to settle -the West were the least inclined to conform to stabilized government, -especially if that government were objectionable in any of its phases. -And, removed beyond the Alleghany Mountains, they would be beyond hope -of subjection. Those who had already migrated to the West asked nothing -from the colonies except help in defense against the Indians—and of -this received very little. They were free men—perhaps the freest of any -considerable group of individuals in ages of history. Ahead of them lay -a wide continent, blessed with God’s bounties, and, as law and restraint -caught up with them, all that was necessary was to move farther westward -to seemingly endless lands and natural resources—and freedom. - -[Illustration: ROBERT CAVALIER DE LA SALLE - -_Drawn by Marie Kellogg, Superior, Wisconsin_] - -In 1776 Virginia, in the fervor of her revolt, did give indication of the -trend of her people’s feelings through her “Bill of Rights,” and this -undoubtedly expressed the long restrained but culminating American idea. -When revolt mounted to the utterance of the Declaration of Independence, -that great document set forth in fervid terms the general principles -of the rights of man. But there was nothing discernible in it as to -what specific form or type of government should make those principles -effective. - -The Articles of Confederation, which immediately followed, were but the -forced cooperation of the colonies for defensive purposes. - -The soldiers, realizing fully that they probably never would be paid -in sound money, with their own meager fortunes ruined by their years -of struggle, and disgusted with the politics, the compromises, and -ineffectiveness of the Continental Congress, turned to the idea of -western lands. At least, their almost worthless pay certificates could be -used in buying land from the government which had issued such money. In -these far-off wildernesses they would find the freedom they craved and -escape from the seeming ineffectiveness of government under the Articles -of Confederation. - -Congress had actually voted at the very beginning of the war, and long -before the nation owned a square foot of these lands, to give western -lands as bounties for military service. The separate colonies, especially -Virginia, had given such bounties for service in the earlier wars against -Indians and French. Washington had made a trip to the Ohio country in -1770 to select such bounty lands, and had been so impressed that he chose -some 40,000 acres of his own. As hero of the troops, and the greatest -single factor in preventing their mutinies, it seems certain that his -enthusiasm for these lands heightened that of the soldiers. - -Washington, too, saw that a western frontier peopled by veterans whose -earnestness of purpose and abilities could not be questioned, would form -the safest bulwark against attack by the Indians, or by the British—who -if they gave up title at all, would do so unwillingly and with tongues in -their cheeks. But, as yet, there was no determination, or even clearly -defined suggestion as to the form of government which would apply to the -United States. The Articles of Confederation were unwieldy, undependable, -and, if anything, were working against the idea of representative -government. - -In 1783, while the troops were in camp awaiting the signing of the Treaty -of Paris, and on the verge of being discharged to go to—they knew not -what—with no money, and with the rebuilding of their worlds yet before -them, they expressed in writing their hopes and aspirations for their own -and America’s future. - -This humble document, recorded by Timothy Pickering as scribe, and signed -by 283 leaders of the men, set forth not only their desire for lands -in the West, but for certain principles of government as fundamental -to their hopes, ambitions and plans. This plan became known to history -variously as the Pickering Plan, the Newburgh Petition, and the Army Plan. - -Essentially, it was the innermost determination of ordinary Americans -who had proved their sincerity of purpose. It was probably the first -crystallized expression from the men who had fought to establish the new -nation as to what its tenets of government should be. A study of this -document will disclose a striking similarity to the Ordinance of 1787, -when we get to that point in our history. - -We must now go back to another phase of the nation’s development, which -was altogether human, and which is with us today. This was the element -of hope for riches and private profit. In those days it was specifically -called “land hunger.” - -All of the earliest westward colonization schemes for America were what -we might call “land grabbing schemes” of various merits. To discourage -this tendency many plans were evolved for the development of the West. -From about 1750 one plan followed another in rapid succession. Each -was an improvement over the one preceding it. One is particularly -significant—that of Peletiah Webster who proposed the surveying into -townships of the lands adjoining the colonies—now states—on the west, -and their sale _in small lots only_, and _one range at a time to the -westward_. This would have established a strong and well-settled -frontier, without large speculative holdings, and would have conserved -for orderly growth the great untold areas of the West. - -[Illustration: GEORGE ROGERS CLARK WADING SWAMPS WITH TROOPS - -_Drawn by Merle June Dehls, Vincennes, Ind._] - -After the Revolutionary War was over, the United States had only in -effect a quitclaim deed from England to the lands north and west of the -Ohio. - -But the colonies now asserted their individual claims more vociferously -than ever. There were now 13 states, in effect different and independent -nations, each with a desire for expansion westward. Virginia had, of -her own volition, sent George Rogers Clark into the West during the -Revolution to drive the British from what were ostensibly her lands in -the Illinois country. Clark had done a superb job—and claims are made -that he not only acquired these lands by conquest for Virginia, but -destroyed the budding Indian conspiracy that the British under Henry -Hamilton were fomenting, and which, by attack from the rear, would have -destroyed the entire American cause. - -Connecticut and Massachusetts refurbished their charter claims and New -York, through its treaty with the Iroquois Indians, made indeterminate -but extensive demands to the territory. - -And, lastly, there were the undeniable rights of the Indians to be -acquired by purchase or by conquest. - -Under pressure of states whose colonial charter boundaries had been more -restricted, principally Maryland, the states with wide-flung claims -were urged to cede all their western lands to the nation at large. The -contention was that these lands had been won from the British by common -effort and should therefore be common property. Here, at last, was a -definite indication that development was to be toward one nation, rather -than an alliance of 13 smaller independent governments. How strong this -point really was is not certain, however, for one of the great objectives -was to lessen the common debt, and thus relieve each of the states of its -obligations. - -However, the unified nation movement was gaining strength. Intermingling -of men in the army, common purposes in defense, and now, property held in -common were breaking down the old animosities. - -[Illustration: GEORGE ROGERS CLARK - -_Drawn by Sam Delaney, Marietta, Ohio_] - -New York took the lead in ceding her claims in 1780. Virginia, richest, -most populous and with best substantiated claims, followed in 1784. This -was immediately followed by the Ordinance of 1784, the first plan to be -evolved for the West, that made _any_ reference to the principles of -government. This ordinance, although passed by Congress, never became -effective because it made no provisions for acquisition or ownership of -land, and, in fact, there still remained the necessity of Massachusetts -and Connecticut cessions and the acquisition of title from the Indians. -Massachusetts and Connecticut finally ceded their rights, but there -still were no clearly indicative signs of what American principles of -government were to become, beyond a broader right of franchise. - -Later, Congress passed the Ordinance of 1785—commonly called the “Land -Ordinance.” This did provide for the survey and sale of lands. It -contained some of the proposals of wise old Peletiah Webster, made years -before, for township surveys, sale by succeeding western ranges, and in -plots small enough to prevent large speculation. But it said nothing -about laws to go with the land, and it, too, became largely ineffective -in its purpose. - -And so was enacted the Ordinance of 1787 with all its portent for -government built primarily for man, rather than man for government. - -As the ordinance was passed by the Continental Congress sitting in -New York, the Constitutional Convention was sitting in session at -Philadelphia. Two months later the United States Constitution was adopted -by that convention and submitted to the states for ratification. In that -great document as submitted to the states there were no provisions for -these rights of men. - -But the people of the United States were not at all indefinite as -to their wishes and interests. Only by assurance that the bill of -rights would be included was it possible to obtain ratification of the -Constitution. - -The Ordinance of 1787 was now in effect. America had started westward -under a law of highest hope and modern ideals. - -[Illustration: INDIAN TREATY - -_Drawn by William R. Willison, Marietta, Ohio_] - -Most of the humanitarian provisions of the Ordinance of 1787 became part -of the United States Constitution in the first amendments made four years -later—1791—and one of the greatest found its way into our organic law 78 -years afterward, when slavery was abolished by the thirteenth amendment. - -This is not, however, the whole story of the Ordinance of 1787 and “How -this Nation?” As Abraham Lincoln later said, - -“The Ordinance of 1787 was constantly looked to whenever a new Territory -was to become a State. Congress always traced their course by that -Ordinance.” - -Every state constitution subsequently adopted as the nation marched -across the continent to the Pacific Ocean reflected the influence of that -great ordinance. Thus, the concepts of Americans, which perhaps were -planted with the first colonists but which bore fruit in the Ordinance of -1787, determined the most cherished fundamentals of this nation today. - - - - -CHAPTER II - -HISTORY OF THE ORDINANCE OF 1787 - - -A century and a half ago, on the thirteenth day of July, 1787, the -Congress of the United States, in session at New York, among its last -acts under the Articles of Confederation, enacted an ordinance for the -government of the territory of the United States northwest of the Ohio -River. We know of no legislative enactment, proposed and accomplished -in any country, in any age, by monarch, by representatives, or by the -peoples themselves, that has received praise so exalted, and at the same -time so richly deserved, as has this same Ordinance of 1787. - -It has been lauded by our great statesmen, great jurists, great orators, -and great educators. - -In his notable speech in reply to Robert Young Hayne, delivered in the -United States Senate in January, 1830, Daniel Webster said of it: - -“We are accustomed to praise the law-givers of antiquity; we help to -perpetuate the fame of Solon and Lycurgus; but I doubt whether one single -law of any law-giver, ancient or modern, has produced effects of more -distinct, marked, and lasting character than the Ordinance of 1787. We -see its consequences at this moment, and we shall never cease to see -them, perhaps, while the Ohio shall flow.” - -Judge Timothy Walker, in an address delivered in 1837 at Cincinnati, -spoke upon this subject in the following words: - -“Upon the surpassing excellence of this ordinance no language of -panegyric would be extravagant. It approaches as nearly to absolute -perfection as anything to be found in the legislation of mankind; for -after the experience of fifty years, it would perhaps be impossible -to alter without marring it. In short, it is one of those matchless -specimens of sagacious forecast which even the reckless spirit of -innovation would not venture to assail. The emigrant knew beforehand that -this was a land of the highest political, as well as national, promise, -and, under the auspices of another Moses, he journeyed with confidence to -his new Canaan.” - -Chief Justice Salmon P. Chase said of it: - -“Never, probably, in the history of the world, did a measure of -legislation so accurately fulfill, and yet so mightily exceed, the -anticipations of the legislators. The Ordinance has well been described -as having been a pillar of cloud by day and of fire by night in the -settlement and government of the Northwestern States.” - -Peter Force, in 1847, in tracing its history, declared: - -“It has been distinguished as one of the greatest monuments of civil -jurisprudence.” - -George V. N. Lothrop, LL.D., in an address delivered at the annual -commencement of the University of Michigan, June 27, 1878, said -substantially: - -“In advance of the coming millions, it had, as it were, shaped the -earth and the heavens of the sleeping empire. The Great Charter of the -Northwest had consecrated it irrevocably to human freedom, to religion, -learning, and free thought. This one act is the most dominant one in -our whole history, since the landing of the Pilgrims. It is the act -that became decisive in the Great Rebellion. Without it, so far as -human judgment can discover, the victory of free labor would have been -impossible.” - -Notwithstanding the high praises that have been bestowed upon the -ordinance, and the many and great benefits that have flowed from it, its -authorship was, for nearly a century, a matter of dispute. No less than -four different persons have had claims to authorship advanced for them by -their friends. - -Who, if any one man, was primarily the author of the ordinance, is -uncertain, and now of little moment. The long contention which was waged -as to its authorship serves its greatest purpose in emphasizing the -importance which was then and has since been attributed to the document. - -Because of the geographic implications later involved it is worth while, -however, to consider briefly the various assertions of authorship. - -Webster, in his famous two-day speech in reply to Hayne, gives to Nathan -Dane, of Massachusetts, the entire credit for devising the ordinance, and -such was the confidence in Webster’s statement, that many writers since -have accepted it as a demonstrated fact. - -Thomas H. Benton, in the debate following Webster’s speech, replied: - -“He [Webster] has brought before us a certain Nathan Dane, of Beverly, -Mass., and loaded him with such an exuberance of blushing honors as no -modern name has been known to merit or claim. So much glory was caused -by a single act, and that act the supposed authorship of the Ordinance -of 1787, and especially the clause in it which prohibits slavery and -involuntary servitude. So much encomium and such greatful consequences it -seems a pity to spoil, but spoilt it must be; for Mr. Dane was no more -the author of that Ordinance, sir, than you or I.... That Ordinance, and -especially the non-slavery clause, was not the work of Nathan Dane of -Massachusetts, but of Thomas Jefferson of Virginia.” - -Charles King, president of Columbia College, in 1855 published a paper on -the Northwest Territory in which he claimed for his father, Rufus King, -the authorship of the non-slavery clause. - -Ex-Governor Edward Coles, in a paper on the “History of the Ordinance of -1787,” prepared for the Pennsylvania Historical Society in 1850, disputed -Webster’s claim for Dane, and asserted the claim of Thomas Jefferson. - -Force undertook to gather from the archives of Congress materials for -a complete history of this document, but he found nothing that settled -the question of authorship; and although he probably knew more of the -original documents pertaining to the Northwest Territory than any other -man since its adoption, he died in ignorance of the real author. - -Hon. R. W. Thompson, in an eloquent address on “Education,” ascribed the -ordinance to the wise statesmanship and the unselfish and far-reaching -patriotism of Jefferson. - -Lothrop, in his Ann Arbor address in 1878, on “Education as a Public -Duty,” said: - -“It was a graduate of Harvard, who, in 1787, when framing the Great -Charter for the Northwest, had consecrated it irrevocably to Human -Freedom, to Religion, Learning, and Free Thought. It was the proud boast -of Themistocles, that he knew how to make of a small city a great state. -Greater than his was the wisdom and prescience of Nathan Dane, who knew -how to take pledges of the future, and to snatch from the wilderness an -inviolable Republic of Free Labor and Free Thought.” - -In 1876, a year in which many buried historical facts were unearthed, -William Frederick Poole, in an admirable article published in the -_North American Review_, presented the history of the Ordinance in a -most scholarly manner. But discarding the absoluteness of the claims -heretofore set forth, he presents, as the chief actor in this mysterious -drama, Dr. Manasseh Cutler, of Massachusetts. - -Following, in a general way, the line of argument laid down by Poole, -it is interesting to examine the foregoing claims in the light of the -known facts. In January, 1781, Thomas Jefferson, then Governor of -Virginia, acting under instructions from his state, ceded to the general -government Virginia’s claims to that magnificent tract of country known -as the Northwest Territory, which had been acquired by Virginia by -king’s charter and also as a result of its conquest by George Rogers -Clark in 1778-79. The Virginia cession, regarded as the most crucial -of the necessary relinquishments of state claims, was not completed in -form satisfactory to the United States until 1784. On the first of March -of the same year Jefferson, then a member of Congress and chairman of -a committee appointed for the purpose, presented an ordinance for the -government of all the territory lying westward of the 13 original states -to the Mississippi River. There were two notable features in this paper; -first, it provided for the exclusion of slavery and involuntary servitude -_after the year 1800_; second, it provided for _Articles of Compact_, -the non-slavery clause being one of them. By this provision there were -five articles that could never be set aside without the consent of both -Congress and the people of the territory. The non-slavery article was -rejected by Congress, and the rest was adopted with some unimportant -modifications, on the twenty-third of April, 1784. Whether even this -ordinance was actually drafted by Jefferson is disputed, because it -was an almost identical copy of the plan submitted by David Howell of -Rhode Island in the previous year. However, on the tenth of May, 17 days -after the Ordinance of 1784 was adopted, Jefferson resigned his seat in -Congress to assume the duties of United States Minister to France. As the -Ordinance of 1787 was not adopted until three years after Jefferson had -gone to France, and since he did not return until December, 1789, more -than two years after its passage, there is serious question as to his -possible influence upon it. - -Moreover, careful comparison of the Ordinance of 1784 with that of 1787, -shows no similarity, except in the two points referred to above: the -anti-slavery provision, and the articles of compact. The Ordinance of -1784 contains none of those broad provisions found in the later document -concerning religious freedom, fostering of education, equal distribution -of estates of intestates, the privilege of the writ of habeas corpus, -trial by jury, moderation in fines and punishments, the taking of private -property for public use, and interference by law with the obligation of -private contracts. No provision was made for distribution or sale of -lands, and under this Ordinance of 1784 no settlements were ever made in -the territory. - -[Illustration: MANASSEH CUTLER - -_Drawn by Marie Kellogg, Superior, Wisconsin_] - -In 1785, on motion of Rufus King, an attempt was made to re-insert -some sort of anti-slavery provision, but it was not carried. This, so -far as we can learn, is the extent of the grounds for King’s claims to -authorship. - -In March, 1786, a report on the western territory was made by the grand -committee of the House, which, proving unsatisfactory, resulted in -the appointment of a new committee. It reported an ordinance that was -recommitted and discussed at intervals until September of the same year, -when another committee was appointed. Of this, Dane was a member. A -report was made which was under discussion for several months. In April, -1787, this same committee reported another ordinance which passed its -first and second readings, and the tenth of May was set for its third -reading, but for some reason final action was postponed. This paper came -down to the ninth of July without further change. Poole has given us the -full text as it appeared only four days before the final passage of the -great ordinance. This bears less likeness to the finally adopted version -than does the Ordinance of 1784. - -Force, in gathering up the old papers, found this July 9 version in -its crude and unstatesmanlike condition, and wondered how such radical -changes could have been so suddenly effected; for in the brief space of -four days the new ordinance was drafted, passed its three readings, was -put upon its final passage, and was adopted by the unanimous vote of all -the states present. - -This rapid and fundamental change in the ordinance tends to discredit all -of the foregoing claims. - -Authorship of public documents which attain greatness is usually a matter -for later dispute. - -Such documents have probably never been the work of any one author, but -are rather the coordinated expressions of thought which have developed -over long periods of time and in many men’s minds. Least of all entitled -to credit is the “Scribe” who merely recorded the thought propounded by -others, but whose name often becomes associated with the document. - -At the close of the Revolutionary War, Congress, in adjusting the -claims of officers and soldiers, gave them interest-bearing continental -certificates. The United States Treasury was in a state of such depletion -and uncertainty, that these certificates were actually worth only -about one-sixth of their face value. At the close of the war many of -these officers were destitute, notwithstanding the fact that they held -thousands of dollars in these depreciated “promissory notes” of the -government. - -On the eve of the disbandment of the army in 1783, 288 officers -petitioned Congress for a grant of land in the western territory. Their -petition went beyond a request for lands, however, and set forth certain -provisions of government as essential to their petition. In this humble -and little-known document known variously as the “Pickering” or “Army” -Plan, were contained many of the proposals which later found their way -into the Ordinance of 1787. Included for instance was the then radical -prohibition of slavery clause. This document bears a closer resemblance -in principles and in wording, to the Ordinance of 1787 when it was -adopted than does any other contemporary document. Among the petitioners -was General Rufus Putnam. It was his plan, if Congress should comply -with the petition, to form a colony and remove to the Ohio Valley. -On the sixteenth of June, 1783, Putnam addressed a letter to General -George Washington elaborating the soldiers’ plan and setting forth the -advantages that would arise if Congress should grant the petition, and -urged him to use his influence to secure favorable action upon it. This -letter is of great interest in the development of the history of the -Northwest. It is printed in full in Charles M. Walker’s _History of -Athens County, Ohio_, pp. 30-36. - -The chief advantages of this project, as set forth by Putnam were, -the friendship of the Indians, secured through traffic with them; the -protection of the frontier; the promotion of land sales to other than -soldiers, thus aiding the treasury; and the prevention of the return of -said territory to any European power. There were, in the letter, other -suggestions of far-reaching interest; (1) That the territory should -be surveyed into six-mile townships, one of the first suggestions for -our present admirable system of government surveys; (2) that in the -proposed grant, a portion of land should be set apart for the support of -the ministry; and (3) that another portion should be reserved for the -maintenance of free schools. - -One year later Washington wrote to Putnam that, although he had urged -upon Congress the necessity and the duty of complying with the petition, -no action had been taken. The failure of this plan led to the development -of another and better one. It is interesting to note, however, that the -men under whose sponsorship and virtual insistence the Ordinance of 1787 -was finally evolved had been subscribers to the Pickering Plan of 1783. - -In 1785, Congress adopted the system of surveys suggested by Putnam, and -tendered him the office of Government Surveyor. He declined, but through -his influence, his friend and fellow-soldier, General Benjamin Tupper, -was appointed. In the fall of 1785, and again in 1786, Tupper visited the -territory and in the latter year he completed the survey of the “seven -ranges” in eastern Ohio. In the winter of 1785-86 he held a conference -with Putnam at the home of the latter, in Rutland, Massachusetts. Here -they talked over the beauty and value of “the Ohio country” and devised -a new plan for “filling it with inhabitants.” They issued a call to all -officers, soldiers, and others, “who desire to become adventurers in that -delightful region” to meet in convention for the purpose of organizing -“an association by the name of _The Ohio Company of Associates_.” The -term “Ohio” as used here related to the “Ohio country” or the “Territory -north and west of the River Ohio,” as the present state of Ohio was then -of course non-existent. - -Also the name, “Ohio Company of Associates,” is not to be confused with -the earlier “Ohio Company” of the 1750’s which had been one of the -earlier land schemes, operating south of the Ohio River. No man in the -“Ohio Company of Associates” had been a part of the former Ohio Company, -and there was no relation between the two companies. - -Delegates from various New England counties met at Boston, March 1, 1786. -A committee, consisting of Putnam, Cutler, Colonel John Brooks, Major -Winthrop Sargent, and Captain Thomas H. Cushing was appointed to draft a -plan of association. Two days later they made a report, some of the most -important points of which were: (1) That a stock company should be formed -with a capital of one million dollars of the Continental Certificates -already mentioned; (2) that this fund should be devoted to the purchase -of lands northwest of the River Ohio; (3) that each share should consist -of one thousand dollars of certificates, and ten dollars of gold or -silver to be used in defraying expenses; (4) that directors and agents be -appointed to carry out the purposes of the company. - -Subscription books were opened at different places, and at the end of -the year, a sufficient number of shares had been subscribed to justify -further proceedings. On the eighth of March, 1787, another meeting was -held in Boston, and General Samuel Holden Parsons, Putnam, Cutler and -General James M. Varnum were appointed directors, and were ordered to -make proposals to Congress for the purchase of lands in accordance with -the plans of the company. Later, the directors employed Cutler to act as -their agent and make a contract with Congress for a body of land in the -“Great Western Territory of the Union.” - -To those who have studied this transaction of the Ohio Company of -Associates in its various bearings, there can be no doubt that through it -the Ordinance of 1787 came to be. The two were intimately related parts -of one whole. Either studied alone presents inexplicable difficulties; -studied together each explains the other. Through the agency of Cutler -the purchase of land was effected and those radical changes in the -ordinance were made between the ninth and thirteenth of July, 1787. - -Cutler was born at Killingly, Connecticut, May 3, 1742. At the age of -twenty-three he graduated from Yale. The two years following were devoted -to the whaling business and to storekeeping at Edgartown, on Martha’s -Vineyard. He did not enjoy this occupation, however, and studied law -in his spare time. In 1767 he was admitted to the Massachusetts bar. -This profession proved little more congenial, and he determined to -study theology. In 1771 he was ordained at Ipswich, where he continued -preaching until the outbreak of the Revolution, when he entered the army -as a chaplain. In one engagement he took such an active and gallant part -that the colonel of his regiment presented him with a fine horse captured -from the enemy. Cutler returned to his parish before the war closed and -decided to study medicine. He received his M.D. degree, and for several -years served in the double capacity of minister and doctor. He was now -a graduate in all the so-called learned professions—law, divinity, and -medicine. In scientific pursuits he was probably the equal of any man -in America, excepting Benjamin Franklin, and perhaps Benjamin Rush. He -was a member of the American Academy of Arts and Sciences, and several -other learned bodies. Two years before his journey to New York, he had -published four articles in the memoirs of the American Academy, dealing -with astronomy, meteorology and botany. The last mentioned was the first -attempt made by any one to describe scientifically the plants of New -England. Employing the Linnaean system, he classified 350 species of -plants found in his neighborhood. His articles brought him prominence -among learned groups throughout the country, and secured for him a -cordial welcome into the literary and scientific circles of New York -and Philadelphia. Cutler was well fitted, therefore, to become, as has -already been related, a leading spirit in the enterprise of the Ohio -Company. In 1795 Washington offered him the judgeship of the Supreme -Court of the Northwest Territory, which he declined. He became a member -of the Massachusetts Legislature, and from 1800 to 1804 served his -district as its Representative in Congress. He declined re-election and -returned to his pastorate. At the time of his death in 1820 he had served -there for nearly 50 years. - -He was a man of commanding presence, “stately and elegant in -form, courtly in manners, and at the same time easy, affable, and -communicative. He was given to relating anecdotes and making himself -agreeable.” His character, attainments, manners and knowledge of men -fitted him admirably for the task of uniting the diverse elements of -Congress to promote the scheme he was sent there to represent. How he -accomplished this is an interesting story. - -Cutler’s diary reveals that he left his home in Ipswich, 25 miles -northwest of Boston, on Sunday, June 24, 1787. He preached that day in -Lynn, and spent the night at Cambridge. He also stopped at Middletown to -confer with Parsons. Here the plan of operations was perfected, and he -pursued his journey, arriving at New York on the afternoon of July 5, -1787. He had armed himself with about 50 letters of introduction. One of -these he delivered immediately to a well-to-do merchant of the city, who -received him very cordially and insisted that Cutler stay with him as -long as he remained in the city. - -The next morning Cutler was on the floor of Congress early, presenting -letters of introduction to the members. He was particularly anxious to -become acquainted with southern men, and they received him with much -warmth and politeness. He was so genteel in his manners, and so much more -like a southerner than a New England clergyman, that they took a fancy to -him at once. - -During the morning he prepared his applications to Congress for the -proposed purchase of western land for the Ohio Company. He was introduced -to the House by Colonel Edward Carrington, after which he delivered his -petition, and proposed terms of the purchase. A committee was appointed -to discuss terms of negotiation. - -It must be remembered that Cutler was employed not only to make a -purchase of land, but to see that the frame of government for the -territory was acceptable to his constituents. Thus he had a motive in -making himself agreeable to the southern men. Among the New England -members there existed some antagonism toward the Ohio Company’s scheme, -since its success would cause many enterprising citizens to leave that -section. Massachusetts had a large tract of land in Maine, and she -desired to turn the tide of emigration in that direction; for this reason -Massachusetts members stood in the way of the western movement. Cutler -felt, however, that their support of the company’s scheme might be relied -upon when brought to a test. - -Cutler was invited to dinners and teas, where his engaging manner -made him the center of attraction. He used every occasion as a means -of setting before the members the great advantages that would follow -consummation of the proposed plan. - -In the first place, Congress could thus pay a large amount of the -national debt to its most worthy creditors without money. Again, it -would open up the Northwest to settlement, thus insuring large sales of -land to civilians. Further, it would establish a barrier between older -settlements and the western Indians, thus furnishing protection without -expense to the government. - -In three or four days he had so fully succeeded in enlisting the favor -of Congress that by July 9 a new committee was appointed to prepare a -frame of government for the territory. It was at this point that the -ordinance under consideration bore so little resemblance to the final -document which was adopted four days later. This committee was composed -of Carrington, Nathan Dane of Massachusetts, Richard Henry Lee and two -others. It is quite probable that the members of this committee were -selected in accordance with Cutler’s wishes. - -The next morning after the committee was appointed, it called Cutler into -its councils, having previously sent him a copy of the ordinance, which -had already passed two readings. He was asked to make suggestions and -propose amendments, which he did, returning the paper to the committee -with his suggestions. - -On July 10, he left for Philadelphia to visit his scientific -correspondents, Franklin and Rush, and also to look in upon the -Constitutional Convention, which was then in session. - -The day following his departure, the committee presented to Congress a -new ordinance prepared in accordance with Cutler’s suggestions. If Force -could have had access to Cutler’s diary in writing up the history of -the Ordinance of 1787, the mystery of the radical changes that he found -between the ninth and the eleventh of July would have been solved. - -On the eighteenth Cutler was again in New York. On the nineteenth he made -this entry in his diary: - -“Called on members of Congress very early in the morning, and was -furnished with the ordinance establishing a government in the western -Federal territory. It is, in a degree, new modeled. The amendments I -proposed have all been made except one, and that is better qualified.” - -The frame of government having been satisfactorily settled, Congress -proceeded to state the conditions on which the sale of lands should be -based. On the twentieth these terms were shown to Cutler, who rejected -them. He said: - -“I informed the committee that I should not contract on the terms -proposed; that I should greatly prefer purchasing lands from some of the -states, who would give incomparably better terms; and therefore proposed -to leave the city immediately.” - -Thus it appears quite certain that the distinctive flavor of the -ordinance and the provisions which have given it greatness among all the -credos of mankind were injected into it after July 9, and after Cutler -had been requested to make suggestions and amendments. - -But that these vital changes were not original with Cutler is evidenced -by his later statement, “I only represented my principals, who would -accept nothing less.” - -And so the real responsibility for authorship of the ordinance may be -traced to the men at the Bunch of Grapes Tavern, to the signers of the -Pickering Plan, to the sober-minded and unsung men who had fought and -thought a new nation into potential greatness. - -At this time a number of other leading persons who held government -certificates proposed to make Cutler their agent for the purchase of -lands for themselves. This would give him control of some four millions -more of the debt with which to influence Congress. He agreed to act for -them, on the condition that the affair be conducted secretly. The next -day several members called on him. They found him unwilling to accept -their conditions, and proposing to leave immediately. They assured him -that Congress was disposed to give him better terms. He appeared very -indifferent, and they became more and more anxious. His ruse was working -admirably. He finally told them that if Congress would accede to his -terms, he would extend his proposed purchase. In this way, Congress could -pay more than four millions of the public debt. He explained that the -intention of his company was an immediate settlement by the most robust -and industrious people in America, which would instantly enhance the -value of federal lands. He proposed to renew the negotiations on his own -terms, if Congress was so disposed. - -On the twenty-fourth he wrote out his terms and sent them to the Board of -Treasury, which had been empowered to complete the contract. These terms -specified that the general government should survey the tract at its -expense, stated the method of payment, number of payments, and the time -at which the deed should be given. The most striking provisions of the -contract set apart the sixteenth section of each township for the support -of free schools, the twenty-ninth section of each township for the -ministry; and two entire townships for the establishment and maintenance -of a university. - -These terms called forth much opposition, and taxed Cutler’s lobbying -powers to their utmost. He said: - -“Every machine in the city that it was possible to set to work, we now -set in motion. My friends made every exertion in private conversation -to bring over my opponents. In order to get at some of them so as to -work powerfully on their minds, we were obliged to engage three or four -persons before we could get at them. In some instances we engaged one -person, who engaged a second, and he a third, and soon to the fourth -before we could effect our purpose. In these maneuvers I am much beholden -to Col. Duer and Maj. Sargent.” - -It had been the purpose of the company to secure the governorship of the -new territory for Parsons, but it became known that General Arthur St. -Clair, the president of the Continental Congress, wanted the position. -St. Clair was withholding his influence. Cutler sought an interview -with him. “After that,” said Cutler, “our matters went on much better.” -It will be remembered that St. Clair became the first Governor of the -Northwest Territory. - -On the twenty-seventh, Congress directed the Board of Treasury “to take -order and close the contract.” That evening Cutler left New York for -his home, authorizing Sargent to act in his stead. On the twenty-ninth -of August he made a report to the directors and agents at a meeting in -Boston. A great number of proprietors attended, and all fully approved of -the proposed contract and it was finally executed October 27, 1787. - -The Ordinance of 1787 undoubtedly represented the most advanced thought -of that time on the subject of free government. - -This ordinance irrevocably fixed the character of the immigration, and -determined the social, political, industrial, educational, and religious -institutions of the territory. - -As soon as it was adopted by Congress, it was sent to the Constitutional -Convention at Philadelphia, and some of its most important provisions -were embodied in the new Constitution. Notable among these was one in -the second Article of Compact, in the ordinance, stating that, “for the -just preservation of rights and property, no law ought ever to be made, -or have force in said Territory, that shall, in any manner whatever, -interfere with, or affect private contracts or engagements, bona fide, -and without fraud, previously formed.” This appears in Paragraph 1, -Section 10, Article 1 of the Constitution, prohibiting a state from -passing any “law impairing the obligation of contracts.” This is said to -be the first enactment of the kind in the history of constitutional law. - -The fact that the Constitutional Convention included this one proviso in -the draft of the Constitution, indicates that consideration was given -the provisions of the ordinance, and thereby suggests their deliberate -omission from the Constitution, for reasons unknown, inasmuch as the -debates of that convention were, by agreement, not recorded. - -However, after the Constitution was submitted to the states for -ratification it quickly became apparent that the people were determined -upon specific provision for the rights of men in their fundamental -law, and while ratification of the Constitution by nine states was -accomplished in 1789, it was only possible by assurance that such -provisions would be immediately added as amendments. - -In some form, every one of the states admitted from the Northwest -Territory later embodied similar provisions in their fundamental law. The -adoption or rejection of these principles was not left to the discretion -of the states; being “Articles of Compact,” they could not be discarded -without the consent of Congress. - -The sixth article of this compact prohibited slavery forever, within -the bounds of the Northwest Territory. But for this form of compact in -the ordinance, it is perhaps possible that Indiana and Illinois would -have entered the Union as slave states. In 1802 General William Henry -Harrison, then Governor of Indiana Territory, called a convention of -delegates to consider the means by which slavery could be introduced into -the territory, and he himself presided over its deliberations. In the -language of Poole, - -“The Convention voted to give its consent to the suspension of the sixth -article of the compact, and to memorialize Congress for its consent to -the same. The memorial laid before Congress stated that the suspension -of the sixth article would be highly ‘advantageous to the Territory’ -and ‘would meet with the approbation of at least nine-tenths of the -good citizens of the same.’ The subject was referred to a committee of -which John Randolph of Virginia was chairman, who reported adversely -as follows: ‘That the rapidly increasing population of the State of -Ohio evinces in the opinion of your committee, that the labor of slaves -is not necessary to promote the growth and settlement of colonies in -that region. That this labor, demonstrably the dearest of any, can only -be employed to advantage in the cultivation of products more valuable -than any known in that quarter of the United States; that the committee -deem it highly dangerous and inexpedient to impair a provision wisely -calculated to promote the happiness and prosperity of the northwestern -country, and to give strength and security to that extensive frontier. In -the salutary operation of this sagacious and salutary restraint, it is -believed that the inhabitants of the Territory will, at no very distant -day, find ample remuneration for a temporary privation of labor and of -emigration.’” - -When Ohio was admitted to the Union, the advocates of slavery made -strenuous efforts to secure its introduction, but were defeated. Indiana -and Illinois territories later asked that the anti-slavery provision be -set aside. More than one committee reported in favor of repealing it, but -Congress firmly maintained the compact. - -The enlightened provisions of the ordinance attracted the thrifty -Yankee from New England, the enterprising Dutchman from Pennsylvania, -the conscientious Quaker from Carolina and Virginia, and some of -the sturdiest pioneer stock from the frontier of Kentucky. Even the -light-hearted French contributed to this great melting pot. - -Some historians refer to the spirit of the Northwest Territory as the -“first American civilization,” brought about by welding into a national -entity the diverse and imported civilizations of the earlier colonies. - -[Illustration: Northwest Territory - -_The FIRST COLONY of the UNITED STATES_] - -It is at least an interesting speculation as to whether the newly -born United States would have prevailed as one nation, except for -the opportunity given by the Northwest Territory with its new lands, -common problems, and forward looking government for this merging of the -older states’ discordant traditional concepts of government and social -relations. - -Comparison of the social, industrial, and educational conditions in the -states of the Old Northwest with those in neighboring states not born -under the influence of the ordinance creates further evidence of the -value of the principles enunciated by the ordinance. - -If, in 1861, the principles and institutions of Kentucky and Missouri, -instead of those of the Ordinance of 1787, had prevailed in the five -states formed from the Northwest Territory, it would have required no -seer to predict another end for the great struggle between the states. As -Lothrop says, “It [the Ordinance of 1787] is the act that became decisive -in the Great Rebellion. Without it so far as human judgment can discover, -the victory of Free Labor would have been impossible.” - -While it is not claimed that the ordinance was the source of all the -blessings that have crowned these states, still it is certain that it -was the germ from which many of them have been developed. Neither is it -claimed that all the ills of the Southern States arose from the absence -of similar provisions; however, their presence and influence on the one -hand, and their absence on the other, tended to widen the gulf between -North and South and, when the final struggle came, had a determining -influence on the result. - - - - -CHAPTER III - -THE FIRST SETTLEMENT IN THE NORTHWEST TERRITORY UNDER THE ORDINANCE OF -1787 - - -When George Washington said farewell to his officers at the end of the -Revolutionary War, he gave them this admonition: - -“The extensive and fertile regions of the West will yield a most happy -asylum to those who, fond of domestic enjoyment, are seeking for personal -independence.” - -While Washington did not become a shareholder in the Ohio Company of -Associates, several circumstances give evidence as to his having been -active in its planning. - -Having personally visited the Ohio country in 1770 for the purpose of -studying and selecting lands, his selection of some 40,000 acres in -Virginia and Ohio for himself; and the comments in his journal of the -trip give ample evidence of his enthusiasm for this part of the West. -His repeated statement during the Revolution that in case of failure to -achieve independence the troops should “retire to the Ohio Country and -there be free”; his long and earnest efforts to open up routes to the -West by canal and by road; his great friendship and admiration for Rufus -Putnam; and his later decisive steps in sending Anthony Wayne to put a -final end to the question of Indian land titles and warfare; all these -indicate far more than a casual interest in the plans for and success of -this first western colony. - -Washington had himself earlier attempted to establish a colony on the -Great Kanawha River south of the present town of Point Pleasant, West -Virginia. We can readily imagine that he may have deliberately refrained -from becoming an Ohio Company Associate because of the implications of -personal interest which might follow. But when, on April 7, 1788, a -group of his former officers made the first settlement in the Northwest -Territory, at Marietta, Washington exclaimed: - -“No colony in America was ever settled under such favorable auspices as -that which has just commenced on the banks of the Muskingum. Information, -property, and strength will be its characteristics. I know many of the -settlers personally, and there never were men better calculated to -promote the welfare of such a community.” - -The founders of Marietta settled in the West to regain the fortunes -they had lost in the Revolution. Some of them earned nothing from their -professions during the eight years of the war. They received little or no -pay for their military services, because Congress had no power to raise -money by levying taxes. Finally, they were paid with certificates issued -by the Continental Congress. Because these notes were worth only about -twelve cents on the dollar the expression, “not worth a Continental,” -became a by-word. In desperation the officers looked to the public land -of the West with its fertility, timber, fur, and game as a place to find -the necessities of life. They were not speculators; they were pioneers in -search of homes for themselves and their children. - -Several unsuccessful attempts had been made by the soldiers to secure -land in the West before Congress finally granted them a place to settle. -As early as September, 1776, Congress tried to encourage enlistment by -offering bounties of land—five hundred acres to a colonel, 100 acres to -a private, and other ranks in proportion. At the time this offer was -made, the government owned no public land, nor did it until the winning -of the Northwest by George Rogers Clark, the cession of land claims by -the states, and Indian treaties had provided a public domain. In hope -of securing grants in this presumed domain Colonel Timothy Pickering in -1783 formulated “Propositions for Settling a New State by Such Officers -and Soldiers of the Federal Army as Shall Associate for that Purpose.” He -suggested that Congress purchase lands from the Indians and give tracts -to soldiers in fulfillment of the bounty promises of 1776. In the hands -of Putnam this suggestion became the “Newburgh Petition,” which was -forwarded to Congress with the signatures of about 288 officers in the -Continental Line of the Army. With this petition Putnam sent a letter -to Washington in which he asked support for the appeal of the signers -and outlined their plan. His letter included such wise suggestions as -the exchange of land for public securities, the adoption of the township -system of survey, and the advantage of settlements of soldiers in the -West as outposts against danger from the Indians or from the English in -Canada. In a belated response to these demands Congress enacted on May -20, 1785, “An Ordinance for ascertaining the mode of disposing of lands -in the Western Territory,” which applied to the lands won from England, -ceded by the states and now purchased from the Indians. This ordinance -made no provision for government in the West, and, although the “seven -ranges” just west of the Pennsylvania border were surveyed and offered -for sale according to its provisions, but little land was sold and this -attempt at westward settlement was a comparative failure. - -This further reflects the determination of the American people to have an -acceptable and agreed-upon form of government upon which to build a new -country. - -[Illustration: RUFUS PUTNAM - -_Drawn by Herbert Krofft, Zanesville, Ohio_] - -In these efforts of the officers to secure western lands, Putnam was -the leader. Putnam had been well taught in the school of experience. -After his father’s death, he had gone, at the age of nine, to live with -his stepfather, who made him work hard and would not permit him to go -to school. “For six years,” Putnam said, “I was made a ridecule of, and -otherwise abused for my attention to books, and attempting to write and -learn Arethmatic.” At the age of 16 he was bound as apprentice to a -millwright. Three years later he decided to escape from the severity of -his master and seek adventure by joining the English army in the French -and Indian War. He returned home from his second enlistment in disgust, -because he had been made to work in the mills when he wanted to fight the -French and Indians. After working seven years as a millwright, he turned -to farming and surveying. Soon after the outbreak of the Revolution he -was appointed military engineer. Later in the war he constructed the -fortifications at West Point and suggested that place for a military -school. He retired from the army a brigadier general and returned to -farming and surveying. Putnam was appointed by Congress surveyor on the -seven ranges of townships provided for by the Land Ordinance of 1785; but -he resigned to survey lands in Maine for his own state and recommended -Brigadier General Benjamin Tupper for the position in Ohio. - -Tupper was so closely associated with Putnam in western plans that the -two men have been called twin brothers. It has been suggested that the -two men deliberately investigated land available for purchase in two -different regions to compare their advantages. Tupper was stopped at -Pittsburgh by Indian trouble, but he heard favorable reports of the -Ohio country, which made him enthusiastic for settlement. He hurried -eastward and arrived at Rutland on January 9, 1786. Before the blazing -fireplace in Putnam’s home the two men talked all night about their dream -of settlement in the West. When the morning light gleamed through the -windows of the kitchen, the ineffectual hopes of the army officers had -been forged into a practical plan of action by the enthusiasm of Putnam -and Tupper. On January 25, 1786, Massachusetts newspapers published an -invitation to officers and others interested in western settlement to -meet in their respective counties and appoint delegates to convene at the -Bunch of Grapes Tavern in Boston to form an organization for the purpose. - -Although this call was sent out three years after the Newburgh Petition, -the prompt response of the officers showed that there had been no decline -in interest. The Ohio Company of Associates resulted from this meeting. - -It has been pointed out that most of those attending were also -members of the military Society of the Cincinnati, so named because -the Revolutionary soldiers thought they resembled the Roman soldier -Cincinnatus in leaving their farms and work to save their country. No -doubt the hope of western migration had been kept alive by discussion -at the meetings of the Cincinnati. Most of those men also belonged to -the Masonic Lodge, and this association also unified and perpetuated the -ideas included in the Newburgh Petition of which most of them had been -signers. - -At the meeting in Boston on March 1 the delegates elected Putnam chairman -and Major Winthrop Sargent clerk. One thousand “shares” were planned, and -no person was permitted to hold more than five shares or less than one -share, except that several persons could own one share in partnership. -To facilitate the transaction of business, one agent was elected by -each group of 20 shares to represent their interest at meetings of the -company. Putnam, Manasseh Cutler, and General Samuel Holden Parsons, were -appointed directors to manage the affairs of the company. Sargent was -elected secretary and later General James M. Varnum was made a director -and Colonel Richard Platt treasurer. All land was to be divided equally -among the shares by lot. One year after the organization of the company -25 shares had been subscribed, and Parsons, Putnam, and Cutler were -appointed to purchase a tract of land from Congress. - -Although largely responsible for shaping the beginning of the new colony, -Cutler did not move to the tract he purchased; he later visited the -infant settlement, however, and his sons, Ephraim, Jervis, and Charles, -became pioneer residents of the Northwest Territory. - -Cutler contracted to purchase for the Ohio Company a million and a half -acres at one dollar per acre, less one third of a dollar for bad lands -and the expenses of surveying. Because the public securities with which -payment was to be made were worth only twelve cents on the dollar, the -actual purchase price was eight or nine cents per acre. The tract was -bounded on the east by the Seven Ranges, which had been surveyed and -offered for sale under the Land Ordinance of 1785, on the south by the -Ohio River, and on the western side by the seventeenth Range; it extended -far enough north to include in addition to the purchase one section of -640 acres in each township for the support of religion, one section for -the support of schools, two entire townships for a university, and three -sections for the future disposition of Congress. An interesting phase of -this provision of the contract with the government was that the Ordinance -of 1787 itself made no specific provision for public school lands, lands -for support of religion, or for university purposes. The Land Ordinance -of 1785 had provided for the setting aside of one section in each -township for public schools, but for neither religion nor universities. -But, so earnest of purpose were the men who had written into the -Ordinance of 1787 “Religion, morality and knowledge, being necessary to -good government and the happiness of mankind, schools and the means of -education shall be forever encouraged,” that in their bargaining with the -land commissioners, insistence was made upon these specific reservations. -And so, perhaps outside the formal tenets of law, was furthered a public -land policy which has done much to make our public school and university -educational system an integral and distinctive feature of this government. - -Five hundred thousand dollars was to be paid when the contract was signed -and the same amount when the United States completed the survey of the -boundary lines of the tract. The contract was signed on October 27, -1787, by Cutler and Sargent for the Ohio Company, and by Samuel Osgood -and Arthur Lee for the Treasury Board, as commissioners of public lands. -Because the company could not pay the second installment when it was -due, the tract was reduced in size from a million and a half acres to -1,064,285 acres when the patent was issued on May 20, 1792. By giving -100,000 acres for donation lands to actual settlers, Congress reduced the -final purchase to 964,285 acres. - -In conformity with the Articles of Association the shareholders received -equal divisions of the purchase. Instead of the 1000 shares originally -expected, 822 were subscribed. When the final apportionment was made, -each share received a total of 1,173.37 acres in seven allotments of -eight acres, three acres, a house lot of .37 acres, 160 acres, 100 acres, -a 640 acre section, and 262 acres. - -Had army pay certificates been worth par, the maximum holding for any -individual would have been about $5900, and from that amount down to a -fractional part of $1173. In such sized holdings there could be little -suggestion of either speculation or monopoly. The army certificates being -depreciated in value as they were, the real value of holdings, in hard -money, varied from about $700 down to a few dollars. On such vast capital -was America started across a continent!! - -The Ohio Company purchase was located on the Muskingum River for several -reasons. Since the Associates of this Company expected to engage in -farming, and since they were the first settlers, many have wondered -why they did not choose a level tract rather than the hilly section of -the Muskingum. The answers are several: Although they were the first -settlers, they did not have first choice. Southern Ohio was the only -part of the territory to which the United States could give clear title. -Connecticut withheld her Western Reserve of three and a quarter million -acres east of the Fort McIntosh Treaty line. The western land lying -between the Scioto and Little Miami Rivers was under Virginia option. -Since a location west of the Little Miami would have been too far from -the settled part of the country, a tract of suitable size for the Ohio -Company could be found only in the southeast part of the present state -of Ohio. The southern location just west of the Seven Ranges was closer -to New England and was on the then greatest thoroughfare of western -travel, the Ohio River. Furthermore, the Muskingum region was as far -distant as possible from the Indian settlements farther west. Another -advantage was the protection afforded by Fort Harmar, which had been -constructed in 1785 by United States troops under command of Major John -Doughty for the purpose of stopping illegal occupation of the land. Also, -the settlers would have as neighbors 13 families on the patent of Isaac -Williams, which lay on the Virginia side of the Ohio, opposite the mouth -of the Muskingum. In making his choice of location, Cutler considered -all these factors as well as the advice of Thomas Hutchins, geographer -of the United States, who told him that the Muskingum Valley was, in his -opinion, “the best part of the whole of the western country.” - -As soon as the purchase was assured, the Ohio Company started systematic -preparation for settlement. Putnam was elected superintendent. Plans -were made in Boston for a city of 4000 acres with wide streets and -public parks at the mouth of the Muskingum. One hundred houses were to -be constructed on three sides of a square for the reception of settlers. -For making surveys and preparing for immigrants, the superintendent was -ordered to employ four surveyors and 22 assistants, six boat builders, -four house carpenters, one blacksmith, and nine laborers. Each man was -required to furnish himself with rifle, bayonet, six flints, powder horn -and pouch, half a pound of powder, one pound of balls, and one pound of -buckshot. Surveyors were to receive $27 a month, and laborers $4 per -month and board. Although these plans were made when it was midwinter and -travel was difficult, no time was to be lost. These were men of action. -They had waited over three years for Congress to make it possible to -carry out their purposes. Putnam decided to lead an advance expedition to -the Muskingum to be ready for surveying and building and planting early -in the spring, and in _five weeks_ after the land contract was signed, -they were on their way. - -There is a substantial lesson in this for us who today profess heartfelt -desires and intensities of purpose. Ahead of these men lay months of -winter, severe enough in the settled communities but far more to be -feared in the hazardous wilderness of the Alleghany Mountains. Travel by -foot, for 800 miles with a plodding ox team for part of their baggage, -over the roughest of roads and uncharted trails, and across swollen -streams was to be their lot. So severe was the risk that no women could -accompany the party. During the trip and at its end possible Indian -attacks endangered them. Such was their prospect which they faced -cheerfully, unflinchingly and enthusiastically. - -[Illustration: PIONEER PARTY - -_Drawn by Betty Kimmell, Vincennes, Ind._] - -The company of 48 men was divided into two parties. The boat builders -and their assistants, 22 in number, met at Cutler’s home in Ipswich, -Massachusetts, on December 3, 1787. Cutler not only helped to fashion -the government for the Ohio Company of Associates; he also provided for -their migration a wagon covered with black canvas and lettered with his -own handwriting “For the Ohio Country.” At dawn the men paraded to hear -an address from Cutler, fired three volleys with their rifles, and went -to Danvers, Massachusetts, where Major Haffield White assumed command. -With their plodding ox team they took a route south and then southwest -over stage coach roads, mountain trails, or cutting their own path as -they went, to the old Glade Road westward through Pennsylvania. After a -toilsome journey, they reached Sumrill’s Ferry on the Youghiogheny River -30 miles southeast of Pittsburgh on January 23, nearly eight weeks after -leaving home. At this place (now West Newton, Pa.) they started to build -boats in readiness for the arrival of the other party. - -Putnam assembled the second party of 26 surveyors and assistants at -Hartford, Connecticut, on January 1, 1788. But business at the war office -in New York required him to send the party ahead under the leadership of -Colonel Ebenezer Sproat and rejoin them at Swatara Creek between present -Harrisburg and Lebanon, Pennsylvania. When Putnam arrived, progress was -delayed because the ice on the creeks would not support wagons. With the -courage and energy developed by long military service, Putnam set the men -to work cutting an opening so that the stream could be forded. During -the day spent in cutting ice a heavy snow blocked the roads and made -travel difficult. At Cooper’s Tavern near the foot of Tuscarora Mountain -the snow was so deep that they were forced to abandon their wagons and -build sledges to carry baggage and tools. The horses were then hitched -to the sledges in single file, and the men walked ahead to break a path. -After two weeks of this slow travel, they arrived at Sumrill’s Ferry on -February 14. - -[Illustration: PIONEER SETTLERS BUILDING ADVENTURE GALLEY ON THE -YOUGHIOGHENY] - -On account of the severe cold and deep snow little progress had been -made by White’s men in building boats; but with the arrival of the -superintendent and more laborers the work went ahead rapidly under the -direction of Jonathan Devol, a ship builder. The largest boat was a -galley constructed of heavy timber to deflect bullets and covered with -a deck-roof high enough for a man to walk upright under the beams. It -was 50 feet long and 13 feet wide with an estimated carrying capacity of -21 tons, although, as Putnam records it, it was of green timber and its -real capacity, therefore, uncertain. The _Adventure Galley_ is the name -commonly ascribed to this boat, although as an afterthought some called -it the _American Mayflower_. Rufus Putnam in his diary written at the -time calls it “Union Galley.” Since one boat would not transport the 48 -men with their horses, tools, baggage, and food to support them until -their crops matured, a large flatboat, 28’ x 8’, and three canoes were -also constructed. It will be interesting to know something of what these -“canoes” were like. They were not the hollowed-out log Indian canoes, nor -were they of birch bark. Putnam describes them as of two tons, one ton, -and 800 pounds burthen, respectively. - -The popular small boat of the Ohio River, large enough to carry more than -would the log canoe, was called a pirogue. It was a log canoe split in -half lengthwise and with a wide flat section inserted between the two -halves. This made a substantial and safer boat, with greatly increased -carrying capacity, yet easy to handle, and, of course, easy for the -pioneers to build with the primitive materials at hand. - -And, speaking of boats and pioneers, Cutler records in his diary that -on August 15, 1788, Tupper, who had been among the original party of -settlers, took him down the river to see his new “mode for propelling -a boat instead of oars.” This consisted of a “machine in the form of a -screw with short blades, and placed in the stern of a boat, which we -turned with a crank. It succeeded to admiration, and I think it a very -useful discovery.” Thus, in the wilderness of Northwest Territory and 50 -years before it came into general use, the screw propeller was invented -and successfully demonstrated. - -On April 1, 1788, the 48 pioneer settlers of the Northwest Territory -launched their boats out into the Youghiogheny and pushed down that -river to the Monongahela. At Pittsburgh they swung out into the current -of the broad Ohio. John Mathews had been working since February 27 to -collect provisions for the expedition at the mouth of Buffalo Creek (now -Wellsburg, West Virginia). The horses, oxen and wagons had been sent -overland to this point. After stopping the entire day of April 5 to load -these provisions, and their equipment, the little flotilla floated on -and arrived at the mouth of the Muskingum on the morning of April 7. The -banks of the Muskingum at that time were lined with tall sycamores, which -leaned out over the water, and so narrowed the mouth that the pioneers -could not see it through the rain. Consequently the current carried them -past the mouth of the Muskingum and below Fort Harmar. With ropes and -the help of soldiers from the fort, the boats were towed back into the -Muskingum. Then the pioneers rowed across and landed at noon above the -upper point. - -In what sense were these 48 founders of Marietta the first settlers in -the Northwest Territory? Certainly they were not the first white men -to live in the Ohio country. Sault Ste. Marie was planted by Marquette -in 1668, 120 years before the founding of Marietta. Burke A. Hinsdale -has said that the French posts—Cahokia, Kaskaskia, Vincennes, and many -others—in the old Northwest contained a population of 2500 people in -1766. Wisconsin, northern Minnesota, Michigan, and Illinois had been -major scenes of French exploration and settlement for a hundred years. -But the French made no attempt to colonize their settlements; they -preferred to keep the wilderness a vast, unbroken game preserve for -trapping furs and Indian trading. - -When the English secured possession of the country northwest of the Ohio -River at the end of the French and Indian War, the British government -angered the colonies, first by the decree of 1763 forbidding settlement, -and later by ignoring the colonial charters which had granted the -colonies territory “from sea to sea” and passing the Quebec Act of 1774, -in which representative government was abolished. - -It is not possible, a hundred and fifty years later, even if it were -possible at the time, to interpret the working of the minds of the -English king and council. It is a fair surmise, however, supported by -considerable evidence, that the crown then saw the threat of American -independence, if the American people could establish themselves in this -vast and fertile empire beyond the mountains where physical geography -alone would make it impossible for the mother country to hold the -colonies in subjection or enforce her decrees upon them. - -[Illustration: LANDING OF PIONEER SETTLERS IN NORTHWEST TERRITORY AT -MARIETTA] - -As early as 1761 Frederick Post from Pennsylvania, a Moravian missionary -to the Indians, built perhaps the first “American’s” house in Ohio on -the Tuscarawas River. On May 3, 1772, David Zeisberger and a company -of Christian Indians established Moravian villages at Schoenbrunn, -Gnadenhutten, and Lichtenau (near present New Philadelphia). Clarksville, -now a suburb of Jeffersonville, Indiana, had been established by George -Rogers Clark in 1784. Wiseman’s Bottom, four miles above the mouth of the -Muskingum, was named after a man who made a clearing as entry right to -400 acres while Virginia still claimed the land north of the Ohio. During -the Revolutionary War squatters began to settle northwest of the Ohio. -Since these squatters were trespassing on lands reserved by treaty for -the Indians, Congress attempted to drive them out. Ensign John Armstrong -reported in 1785 that “there are at the falls of the Hawk Hawkin [Hocking -River] upwards of 300 families, and at the Muskingum a number equal.” The -squatters even elected one William Hogland, governor. These temporary -and unlawful settlements would defeat orderly settlement, and deprive -the new nation of the income from sale of the lands. To prevent such -illegal occupation Fort Harmar was erected on the Ohio at the mouth of -the Muskingum. - -Marietta was the first legal American settlement northwest of the Ohio -River under the Ordinance of 1787. - -The Ohio Company of Associates spoke so enthusiastically in praise of -their land that other New Englanders jokingly referred to the purchase -as “Putnam’s Paradise” and “Cutler’s Indian Heaven.” Aside from the fact -that the land was hilly in some sections, it came up to the expectations -of the settlers. In contrast to the cold weather they had experienced -in Pennsylvania, the pioneers found that the trees were in leaf at the -Muskingum and grass was high enough for pasturing their horses. Over -the entire region stretched an almost unbroken forest of great poplar, -sycamore, maple, oak, hickory, elm, and other trees. Cutler records that -on his visit to Marietta he saw a hollow tree forty-one and a half feet -in circumference that would hold 84 men or afford room inside for six -horsemen to ride abreast. The circles counted in one tree indicated that -it was at least 463 years old. In boasting of the fertility of the land -one settler wrote that “the corn has grown nine inches in twenty-four -hours, for two or three days past.” Buffalo and elk were found in the -woods when the pioneers arrived. A hunter could kill 20 deer in one day -near Marietta. Wild turkeys weighing from 16 to 30 pounds were caught -in pens and clubbed to death. The woods were alive with foxes, opossum, -raccoon, beaver, otter, squirrels, rabbits and other small game. Bears, -panthers, wild cats, and wolves were a menace to stock. Schools of fish -made so much noise with their flopping against the boats that the men -could not sleep on board. The largest fish caught were a black catfish -weighing 96 pounds and a pike six feet long, weighing almost a hundred -pounds. - -When the pioneers arrived on April 7, 1788, they were welcomed by -approximately 70 Delaware Indians, who were camping at the mouth of -the Muskingum to trade furs at Fort Harmar. Their chief, Captain Pipe, -assured the white settlers that his people would live at their home -on the head waters of the river in peace with their new neighbors. -Encouraged by this reception, the men unloaded the boards for their -houses the first day and set up a large tent in which Putnam had his -headquarters. - -On the next day the laborers began clearing land, and on April 9 the -surveyors started laying off the eight-acre lots. By April 12 four acres -of land had been cleared at “The Point,” and work proceeded rapidly in -building cabins and planting seed. - -At first the pioneers called their settlement Muskingum. This name was a -form of the Delaware word Mooskingung, meaning Elk Eye River in reference -to the large herds of elk that ranged in the valley. Cutler’s choice for -a name was the Greek word Adelphia, which means brethren. But on July 2, -at the first meeting of the directors and agents in the new settlement, -it was “resolved, That the City near the confluence of the Ohio and -Muskingum, be called Marietta.” History generally records that this name -was a word formed from the first and last syllables of the name of Queen -Marie Antoinette of France, chosen by the veterans of the Revolution as -a gallant tribute to the nation which aided them in throwing off the -shackles of English rule. Why the final a is uncertain. - -Marietta was only the first of the settlements in the Northwest Territory -under the ordinance. Many others were to follow rapidly, some destined -to become great or small cities, and others to remain as villages. It is -worthwhile, however, to follow briefly the history of this first official -settlement for its depiction of the type of immigration into the new -country and to illustrate the problems settlers faced in pushing America -westward. - -[Illustration: SETTLERS RECEIVING DEEDS FROM OHIO COMPANY’S LAND OFFICE -AT MARIETTA] - -For instance, in surveying the city the directors of the Ohio Company -provided for wide streets and public parks. The principal streets of 90 -feet in width ran parallel to the Muskingum River and were designated by -numbers. They were intersected by cross streets named after Washington, -Putnam and other Revolutionary generals. The bank of the Muskingum was -set aside as a “commons” and dedicated forever to public use. It was -called “The Bouery” and is today a public park. Within the city limits -the surveyors found extensive earthworks and mounds which supplied -mysterious evidence of a prehistoric race, which had sometime constructed -a city on the same site. Colonel John May described the cutting of a -tree that had grown for 443 years on one of the earthworks. The larger -elevated square was named Capitolium, the smaller was called Quadranaou, -and the road with high embankments from the river to the “Forty acre -fort” was officially designated as Sacra Via. These were all dedicated -as public property and are so today. A creek which emptied into the -Muskingum below Campus Martius was called the Tiber, after the river near -Rome. This use of classical names indicates that the cultured founders of -Marietta were familiar with Latin and Greek literature. - -The first cabins had been built at “the point” and a stockade erected -enclosing some four and a half acres. The Indians told the settlers of -the flood danger, showing them driftwood and laconically pointed out that -“where water has been water will be again.” - -In platting the city-to-be the pioneers, therefore, laid out an extremely -broad street on high ground as the intended main street of the town, and -named it for Washington. The complete dependence of the time upon river -transportation and the distance of Washington Street from the Ohio River -prevented its attaining its designed purpose and the business district of -the city has never since realized the expectation of those first settlers. - -Early in May, when the crops had been planted in the clearing and cabins -had been constructed at “Picketed Point,” Putnam decided from his study -of treaties at the war office in New York that the tribes would not -permit their lands to be occupied without a struggle. May wrote in his -Journal: “At Boston we have frequent alarms of fire, and innundations -of the tide; here the Indians answer the same purpose.” On account of -the danger of Indian attack all men not needed in the survey were put to -work at the construction of an impregnable fort. This defense was called -Campus Martius, after a name applied to a grassy plain along the Tiber -in ancient Rome where military drills and elections had been held. The -phrase literally means “a field dedicated to Mars, the god of war.” - -The fortress was located on Washington Street, three quarters of a mile -above the Ohio River. It consisted of 14 two-story houses arranged in -the form of a hollow square, which measured 180 feet on a side. At each -corner of the square stood a blockhouse with projecting upper story. -Loopholes were cut in the projecting floor for showering bullets on -Indian attackers. The entire fort was constructed of poplar planks four -inches thick and 18 to 20 inches wide, which men hewed and whipsawed -from the huge poplar trees that grew along the Muskingum. In one of -the fort’s houses, which became Rufus Putnam’s home after the fort was -dismantled, and which is now part of Campus Martius Museum, can still be -seen the original timbers and form of construction. In the timbers, hewn -in pre-determined shapes, were stamped Roman numerals, and by matching -corresponding numbers, the artisans of that day were able to assemble the -timbers into complete and substantial structures. - -The blockhouses and part of the dwellings were built at the expense of -the Ohio Company. On July 21, 1788, the directors ordered that carpenters -be employed at half a dollar a day and one ration to complete the -blockhouses, and that laborers be paid seven dollars per month and one -ration per day. It was provided - -“That a Ration consists of 1½ [lbs.] of Bread or Flour. - -“1 lb. of Pork or Beef, Venison or other meat equivalent. - -“1 Gill of Whisky. - -“Vegetables.” - -The complete structure contained 72 rooms. When the Indians finally went -on the war path, the inhabitants constructed three lines of defense -outside the fortress. A row of palisades sloped outward to rest on -rails, a line of pickets stood upright in the earth 20 feet beyond the -palisades, and a barrier of trees with sharpened boughs formed the first -defense. Ammunition, cannon, and spears were stored in convenient -places. The northeast blockhouse was used for religious meetings and -sessions of the courts. At the outbreak of the Indian Wars in 1791, -Campus Martius became the principal refuge of the people in Marietta. Of -it, Putnam, who had built West Point and many other Revolutionary War -fortifications, wrote that it was the finest fort in the United States. - -While Campus Martius was being constructed, the survey was continued, the -crops were planted and cabins erected and new settlers arrived. When John -May arrived with a party of 11 men on May 26 and was invited to dinner by -General Josiah Harmar, he was served, according to his diary, “beef a la -mode, boiled fish, bear-steaks, roast venison, etc., excellent succotash, -salads, and cranberry sauce.” Venison sold for two cents a pound and bear -meat at three cents. May was surprised to see in Doughty’s garden an -orchard of apple and peach trees and “cotton growing in perfection.” - -Varnum arrived with a company of 40 settlers on June 5. Among them were -James Owen and his wife, Mary Owen, the first woman who settled in the -community. The settlers were so industrious that by June 20, 132 acres -had been planted in corn in addition to large fields in potatoes, beans, -and other vegetables. - -As soon as the pioneers had provided shelter for themselves, they -organized a temporary government to insure order and safety until the -arrival of the officers of the Northwest Territory. On June 13 at an -informal meeting of the directors and agents of the Ohio Company, it was -decided that the directors present should act as a board of police to -draw up a set of laws for the community. Colonel Return Jonathan Meigs -was appointed to administer them. At the first official meeting of the -directors the board of police was confirmed. The regulations provided for -cleanliness, health, decency, safety, and moral conduct. Military guard -was established. If any persons arrived who were not stockholders in the -Ohio Company, the board of police was empowered to decide whether or not -they should be permitted to stay. Settlers were required to carry arms -during their work in the fields. No one was allowed to trade with the -Indians without permission from the board or from Fort Harmar. Punishment -for violation of the laws was to consist of either labor for the public, -or expulsion. As evidence of the orderly conduct of the settlers it has -been pointed out that in three months there was only one difference, -and that was compromised. On July 4 the board of police nailed these -temporary laws to the smooth trunk of a large beech tree near the mouth -of the Muskingum. - -On July 4 all work was suspended to celebrate the anniversary of the -Declaration of Independence. Since most of the settlers had served in -the Revolutionary Army, they observed the occasion with feelings of -intense patriotism. A federal salute of 13 guns from Fort Harmar opened -the celebration at dawn. At “The Point” on the east bank of the Muskingum -a table 60 feet long was spread with wild meat, fish, vegetables, grog, -punch, and wine. Harmar arrived with his lady and officers from the -fort at one o’clock. Varnum, one of the judges of the territory, then -delivered a flowery oration. - -After the oration, the guests were twice driven from the table by -thunderstorms before they finally finished dinner. The patriotic event -continued with the drinking of the following toasts which illustrate the -topics of general interest of the time: - - 1. The United States. - 2. The Congress. - 3. His Most Christian Majesty, the King of France. - 4. The United Netherlands. - 5. The Friendly Powers throughout the World. - 6. The New Federal Constitution. - 7. His Excellency General Washington, and the Society of Cincinnati. - 8. His Excellency Governor St. Clair, and the Western Territory. - 9. The memory of Those Who Have Nobly Fallen in Defense of American - Freedom. - 10. Patriots, and Heroes. - 11. Captain Pipe, Chief of the Delawares, and a Happy Treaty with the - Natives. - 12. Agriculture and Commerce, Arts and Sciences. - 13. The Amiable Partners of Our Delicate Pleasures. - 14. The Glorious Fourth of July. - -The Celebration closed with another salute of 13 guns and a “beautiful -illumination” at Fort Harmar. - - - - -CHAPTER IV - -THE BEGINNINGS OF GOVERNMENT - - -The Northwest Territory at the time of its organization included all of -the region comprising the present states of Ohio, Indiana, Illinois, -Michigan, Wisconsin, and a portion of Minnesota. The ordinance for its -government was framed and ordained at the last session of the Continental -Congress in 1787. - -This ordinance vested the governing authority in four men, a governor -and three judges. Two years later, by act of Congress, “the Secretary of -the Territory, in case of the death, removal, resignation or necessary -absence of the Governor, became the acting Governor.” - -The first governor of the Northwest Territory was Arthur St. Clair, who -arrived at the new settlement, July 9, 1788. He landed at Fort Harmar, -which was garrisoned with United States troops. Sergeant Joseph Buell, -who was stationed at Fort Harmar, wrote in his Journal on the day of the -governor’s arrival: - -“On landing he was saluted with thirteen rounds from the field piece. -On entering the garrison the music played a salute; the troops paraded -and presented their arms. He was also saluted by a clap of thunder and -a heavy shower of rain as he entered the fort: and thus we received our -governor of the western frontiers.” - -St. Clair was educated at the University of Edinburgh, Scotland, came to -America, joined the Colonial Army, and rose to the rank of major general. -He served as president of the Continental Congress and stood high in the -confidence of George Washington. His military reputation, however, later -lost much of its luster in his terrible defeat by the Indians on November -4, 1791, in what is now Mercer County, Ohio. He still owned a large tract -of land in the Ligonier Valley in Pennsylvania and returned there for his -last years. He died in 1818 and was buried at Greensburg, Pennsylvania. - -The secretary of the Northwest Territory was Winthrop Sargent, a graduate -of Harvard, a Revolutionary soldier with a fine record, and the scion -of an American family whose representatives have risen to fame in -literature, science and art. Judge James Mitchell Varnum, Samuel Holden -Parsons and John Cleves Symmes, who constituted the first members of the -Supreme Court of the territory, had all risen to high rank as officers -of the Colonial Army in the Revolutionary War. Varnum was a graduate of -Brown University and Parsons of Harvard. All were able lawyers, and -Symmes had been chief justice of the Supreme Court of New Jersey. Under -the ordinance for the government of the Northwest Territory, St. Clair, -Varnum, Parsons, and Symmes constituted the legislature. - -Their law-making power, however, was limited in the ordinance, which -declared: - -“The governor and judges, or a majority of them, shall adopt and publish -in the district, such laws of the original states,—as may be necessary -and best suited to the circumstances of the district.” - -This seems perfectly clear. This little legislature of the governor and -three judges could only _adopt_ such laws as were already in force in -the original states. This lucid statement, however, was made somewhat -obscure by the following language in another clause of the ordinance: -“The laws to be adopted or made, shall be in force in all parts of the -district.” At least that appears to have been the practical conclusion of -this legislature, with the exception of St. Clair, who somewhat mildly -warned his fellow members against enacting laws not drawn from the -statutes of the states. After sounding the warning, however, he joined -the other members in enacting laws with small regard to the statutes of -the original states. - -[Illustration: GOVERNOR ARTHUR ST. CLAIR - -_Drawn by Jane Cory, Frankfort, Ohio_] - -The first law enacted by the governor and judges provided for a -territorial militia in which all men over 16 years of age were to be -enlisted. Each man was required to provide himself with musket and -cartridge box. Murder and treason were punishable by death according to -another law, and flogging was prescribed for theft and minor offenses. A -fine of ten dimes was imposed for drunkenness; and, if the guilty person -did not pay the fine, he served an hour in stocks. Other laws regulated -marriage, set aside Sunday as a day of rest, and urged all citizens to -avoid swearing and “idle, vain, and obscene conversations.” On July 27, -1788, St. Clair established Washington County, which originally included -almost half of the present state of Ohio. - -After a number of laws had been enacted by this territorial legislature -and had been published by Congress in two small volumes called “Laws -of the Governor and Judges,” the House passed a bill declaring all the -laws of the territory thus enacted null and void. While the bill did not -pass the Senate, it was stated that the members of that body were in -agreement with the House, but that they did not pass the bill because -they felt that these laws of the territory were null without any action -by Congress. The governor and judges found themselves without laws with -which to govern. The legal structure which they had been industriously -building was about to tumble down to ruin. The last of these worthless -laws that they enacted bore the date of August 1, 1792. - -St. Clair wished to assemble the legislature, which it will be -remembered, was composed of himself and the three judges, to _adopt_ laws -_in accordance with_ the requirements of the ordinance, in order that the -territorial government might be administered by constitutional authority. - -On July 25, 1793, he called the legislature of the territory to convene -in Cincinnati on September 1 of the same year. Due to the difficulties -of communication and transportation it was found impossible, however, to -meet on September 1, 1793, and it was not until the twenty-ninth day of -May, 1795, that a majority of the members of the legislature were able -to assemble in Cincinnati. In other words, it took about 20 months to -assemble to meet this emergency and adopt a new code of laws to take the -place of those which had been nullified by Congress. - -Finally, St. Clair, Symmes and George Turner, who had been appointed to -take the place of Varnum, deceased, met in Cincinnati on May 29, 1795, -to adopt a code of laws. The remaining judge, Rufus Putnam, was not in -attendance. - -This is the first _recorded_ meeting of a legislative body within the -present limits of Ohio and the territory northwest of the Ohio River. -This legislature chose its officers and assembled in regular session -until it concluded its labors and provided for the publication, in the -Maxwell code, of the laws it adopted, the very first published in the -Northwest Territory. - -Governor Arthur St. Clair presided. Judges John Cleves Symmes and George -Turner were the floor members. Accordingly, there were just enough -members present to conduct the legislative proceedings—one member to -make a motion, another to second it, the presiding governor to put -it to a vote. Armstead Churchill was chosen and commissioned clerk -of the legislature. He appears not only to have kept a record of the -proceedings, but to have prepared drafts of bills for consideration. He -received eight cents for every one hundred words that he wrote. - -St. Clair read a lengthy address to the two judges. In the opening -sentences one can gather some knowledge of the difficulties with which -these pioneer legislators had to contend. There were no roads, no -steamboats, no coaches, no telegraph. The mails were uncertain, few and -far between. Prowling Indians had not ceased to be a menace. Rivers often -could not be forded and there were few ferries. The “highways” of travel -were the “low ways”—the rivers winding through the unbroken solitudes of -the primeval forests. - -The Ohio was often difficult to navigate. In February, 1795, Judge Symmes -made an effort to meet St. Clair at Marietta. We quote the result from -one of his letters: - -“On the 20th of February, therefore, I set out from Cincinnati on my -passage up the river, and was buffeted by high waters, drifting ice, -heavy storms of wind and rain, frost and snow for twenty-three days and -nights, without sleeping once in all that time in any house after leaving -Columbia. I waited in vain twelve days at Marietta for the coming of the -Governor, and, he not appearing, I returned home.” - -Travel in these times was not only inconvenient and difficult, but -dangerous. Parsons, one of the first judges of the Northwest Territory, -lost his life by drowning, on his return journey from the Western Reserve -in 1789 down the Big Beaver. - -After St. Clair’s message, a resolution was adopted opening the meetings -of the legislature to the public. After inviting the public to the -sessions, the legislature adjourned to meet the following day. At the -second meeting the two judges wrote a dignified reply to the message from -the governor. - -The record of their proceedings rested securely in an iron box for about -130 years, after which they came into the possession of the Ohio State -Archaeological and Historical Society. This record shows that the members -of this legislature took themselves and their work seriously. What they -lacked in numbers they made up in dignity and decorum. This legislature -was in session from May 29 to August 25, 1795. It completed the work for -which it had been called and gave to the Northwest Territory a code of -laws framed in strict accord with the Ordinance of 1787. - -[Illustration: WILLIAM HENRY HARRISON - -_Drawn by William Olson, Downers Grove, Ill._] - -While these legislative meetings were in session at Cincinnati, General -Anthony Wayne was concluding the treaty with the Indians at Greenville, -opening the Northwest to peaceful settlement. The subsequent rapid -increase in population soon entitled the territory to the second stage of -government provided by the ordinance—a legislature chosen by its people -to enact laws as soon as there were 5000 free male inhabitants of full -age in the territory. This first elected legislature met in September, -1799, and re-affirmed the earlier laws of the governor and judges. - -The next year Congress divided the Northwest Territory into two parts, -the eastern part, comprising approximately present Ohio and eastern -Michigan, remaining as the Northwest Territory; and the western part, -comprising the balance of the previous territory, becoming Indiana -Territory. At this time the territorial capitals were first definitely -located, one at Chillicothe, Ohio, and the other at Vincennes, Indiana. -Thus, Chillicothe became the first capital of the Northwest Territory and -remained so until the state of Ohio was admitted to the Union in 1803. - -[Illustration: OLD INDIANA TERRITORIAL HALL - -_Drawn by Robert Osterhag, Vincennes, Ind._] - -While the governor and some of the judges lived at Marietta, and they had -enacted laws at meetings there, those laws had been invalidated. There -was then no officially designated capital of the territory, the judges -meeting and promulgating laws wherever might be convenient. In 1790, St. -Clair had removed to Cincinnati in preparation for his campaign against -the Indians, which proved so disastrous in 1791. - -[Illustration: OX TEAM AND COVERED WAGON PARTY - -_Drawn by Earl Laweck, Roger City, Michigan_] - - - - -CHAPTER V - -GROWTH OF SETTLEMENTS - - -The arrival of Governor Arthur St. Clair and the territorial judges -encouraged immigration by assuring settlers of the institution of law and -order. When the Reverend Daniel Breck delivered a sermon in the present -state of Ohio, on Sunday, July 20, 1788, he addressed an audience of 300 -people from Marietta and the settlement of Isaac Williams on the Virginia -side of the river. After Manasseh Cutler returned home from his visit in -1788, General Samuel Holden Parsons wrote to him on December 11 that “we -have had an addition of about one hundred within two weeks.... Between -forty and fifty houses are so far done as to receive families.” - -By the end of the year, 1788, the settlement contained 132 men and 15 -families, making a total of nearly 200. James Backus wrote to his parents -that their stock consisted of “one hundred and fifty horses, sixty cows, -and seven yoke of oxen.” - -In August of 1787 Judge John Cleves Symmes, an influential man and member -of Congress from Trenton, New Jersey, petitioned Congress for a grant of -land between the two Miami Rivers at the mouth of the Little Miami River, -which became known to history as “The Symmes purchase.” In November of -1788 Benjamin Stites and about 20 others settled Columbia and in late -December of the same year Matthias Denman, Colonel Robert Patterson and -Israel Ludlow with a party of 26 men established Losantiville about -five miles west of Columbia in the Symmes tract and in the very center -of present Cincinnati. These two communities became Cincinnati in 1790 -at the request of St. Clair. North Bend was the third of the Symmes -settlements and was settled in February, 1789. - -All the settlements suffered a hard winter. At Marietta the Ohio was -frozen over from December until March and the settlers could not get to -Pittsburgh for provisions. Their crops were not large the first year, and -the Indians had driven the game away. Many lived on meat and boiled corn -or coarse meal ground in a hand mill. Here again was demonstrated the -heroism of peace. - -Isaac and Rebecca Williams, living in Virginia, directly across the Ohio -River from Marietta, had raised a goodly supply of corn, which, because -of scarcity, had reached two dollars a bushel in the markets. Yet they -chose to sell it to the hungry settlers at fifty cents per bushel, and -proportioned it out according to the number of members of each family. - -In order to raise larger crops to provide adequate food supply for the -future, two branch settlements were made early in the spring. Fifteen -miles below Marietta a farming community called Belpre was formed by -40 associates who had spent the winter in Marietta. Extending for five -miles along the Ohio, the settlement consisted of upper, middle and lower -divisions called respectively Stone’s Fort, Farmers’ Castle, and Newbury. -Farmers’ Castle was a fortification containing 13 cabins built for safety -during the Indian War. Soon after Belpre was settled, 39 associates moved -20 miles up the Muskingum to establish themselves at Plainfield, later -called Waterford. Fort Frye was constructed as a place of refuge when -the Indian War started. About a mile away a mill was built on Wolf Creek -by some families who lived in the vicinity. Hearing of the growth of the -Ohio Company settlement, the Virginia House of Burgesses appropriated -money for a road from Alexandria to the Ohio River opposite Marietta. -Merchandise was hauled over this road for many years. - -[Illustration: FORT WASHINGTON, CINCINNATI - -_Drawn by Junior Vahle, Quincy, Illinois_] - -The Ohio Company assisted settlers in establishing themselves. Surveyors -went out to lay off the lots at times when it was necessary to maintain a -guard of soldiers against Indian attacks. The Ohio Company’s Land Office -in which the surveys were recorded, is now the oldest building in Ohio. -Liberal grants of land were made to persons who constructed mills for -the convenience of settlers. The first flour mill in Ohio was erected -about a mile from the mouth of Wolf Creek in 1789 by Major Haffield -White, Colonel Robert Oliver, and Captain John Dodge. In 1797 a brickyard -and tannery were established on land provided by the Ohio Company. In -December of the same year Peletiah White started a small earthenware -pottery, which according to Samuel P. Hildreth “was probably the first -establishment of the kind north of the Ohio.” The directors provided for -the fencing and ornamentation of the public squares in Marietta. For -example, Marie Antoinette Square was leased to Rufus Putnam on condition -that he plant mulberry, elm, honey locust, and evergreen trees in a -specified design. - -Near the end of the year 1788 the directors of the Ohio Company had -become worried over the fact that thousands of immigrants floated past -Marietta to settle in Kentucky. To attract some of these people to remain -in the Ohio Company purchase the directors offered 100 acres to men who -would agree to build a dwelling house 24 by 18 feet within five years, -plant 50 apple or pear trees and 20 peach trees within three years, -cultivate five acres, and provide themselves with arms and ammunition for -defense. Settlements on donation lands were expected to serve as outposts -of defense against Indian attack. After granting some free tracts, the -Ohio Company found the practice too expensive and successfully petitioned -Congress in 1792 for a tract of 100,000 acres for donation purposes. -Located in the northeastern part of the Ohio Company Purchase, the -donation tract was approximately 22 miles long and seven miles wide. In -the autumn of 1790 a group of 36 men established a settlement on donation -land 30 miles up the Muskingum from Marietta, at a place called Big -Bottom. - -The first town meeting in the territory was held in Marietta on February -4, 1789. Colonel Archibald Crary presided as chairman, and Ebenezer -Battelle was elected clerk. A committee was appointed to draft an -address to St. Clair, and report a plan for a police system. The police -board appointed under this plan consisted of Putnam, Oliver, Griffin -Green, and Nathaniel Goodale. In addition to their police duties, these -men appointed a sealer of weights and measures, fence viewers, and a -registrar of births and deaths. Laws were passed for the government of -the community. Many of the regulations provided for defense against the -Indians by completing Campus Martius and by securely bolting the gates -at sunset. It was ordered “that the main Street leading from Campus -Martius to Corey’s bridge, so called, should be cleared of logs and other -woods that may obstruct it.” Residents of Campus Martius were ordered to -construct walks of hewn logs along their cabins and to provide troughs -or gutters to drain water from the eaves. Wagons, horses, cattle, and -swine were not permitted inside the fort. One resolution prohibited the -purchase of wild meats for the purpose of monopolizing the supply and -charging extravagant prices. - -[Illustration: TECUMSEH - -_Drawn by Robert Eggebrecht, Vincennes, Ind._] - -Food was scarce at the Miami settlements also, and the Indians were -showing increasing signs of resistance to the whites. Several community -blockhouses had been built and small parties of troops sent there to -guard the settlements and their all-essential crops. - -In January, 1790, St. Clair removed to Cincinnati, and Major John Doughty -with his troops from Fort Harmar started construction of Fort Washington -as headquarters for increasingly necessary western troops. General Josiah -Harmar arrived in the fall of that year and took charge of the garrison -then comprising 70 men. - -Casual readers of history at times marvel at the small size of garrisons -and armies used in these hazardous campaigns against the Indians, and -thereby incline to minimize the severity of the conflicts. To understand -this, it is necessary to realize how few people relatively were in the -entire empire of the Northwest; that transportation and communication -were so difficult as to make the movements of large bodies of men -impossible, even if men had been available; that provisions and supplies -could not be moved in quantity and, beyond two or three days’ supply the -men could carry, the troops had to live on game and what the wilderness -provided; and, lastly, that the Indians were usually small tribes and -attacked in relatively small groups. - -The protection normally needed was that of small detachments of hardy and -fearless men trained to the ways of the woods and the Indians. One of the -great problems of the period, as will be seen later, was the militia or -volunteers, who, though eager to fight the Indians, were too impetuous, -too unfamiliar with discipline, and too likely to decide to return to -their homes upon their own initiative. - -In October, 1790, a party of immigrants from France—anxious to escape the -impending French Revolution—bought lands and settled in the lower part -of the Ohio Company Purchase at a village called Gallipolis, or the city -of the French. They had been deceived by representatives of the Scioto -Purchase, and believed that they were buying a Garden of Eden, where -nature provided the necessities of life without labor. For instance, they -had been told by agents of the Scioto Company, which will be described -later, that candles grew in swamps on their lands (cat tails), and that -custard grew on trees (paw paws). - -Here it seems proper to digress for a moment as to the Scioto Company—or -more particularly to discuss the fact that in those days not all public -men were heroes, and some were not even honest. Then, as now, the -forward-looking forces of progress had to contend with selfishness, -politics, chicanery and downright dishonesty. - -It has been before pointed out that when Cutler was negotiating with -Congress for purchase of Ohio Company lands, a group had approached him -with a proposal to make another purchase at the same time for another -company, and that he used this larger purchase to secure passage of the -Ordinance of 1787. This other company was the Scioto Company, whose -membership is not known beyond a small group. Its negotiations with the -Ohio Company were carried on by one man, a public official. Cutler and -Putnam did not permit the Ohio Company of Associates to become entangled -with this other company—beyond the fact that the two purchases were to be -made at the same time. - -The Scioto Company was to purchase some 3,500,000 acres in the valley -of the Scioto River. They sent Joel Barlow, a fair poet perhaps, but -of questionable business sagacity, to France to dispose of these lands -to fear-worn French. Barlow employed one William Playfair to sell -the lands, and it was in the booklet the latter prepared that the -fantastic statements as to candles, custard, etc., appeared. The sale -was highly successful. Middle-class French in such jeopardy between the -revolutionists and the aristocracy, hastened to emigrate to the new land -of dreams. What became of the moneys they paid for their new homes has -never been proved. Someone absconded and when they landed at Alexandria, -Virginia, they learned that the Scioto Company had never acquired title -to the lands sold to them. - -One interesting incident of this skullduggery is worth mention. Among -the French settlers was François D’Hebecourt, a close boyhood friend -of Napoleon Bonaparte. Bonaparte had originally considered joining -the party, but remained behind to follow if his friend’s reports -substantiated the claims made. In case the new country did come up to -expectations, he was to follow D’Hebecourt, and establish a new empire -somewhere in western America. Of course, D’Hebecourt’s reports of the -villainy of the Scioto Company, the hovels they found for homes and the -ensuing famine which the French settlers endured changed Bonaparte’s -intentions, and he remained in France to leave his mark later on all -Europe. - -There are two very interesting suppositions suggested. Suppose the Scioto -Company had kept its word, what might have been the subsequent history -of the world? And suppose, as is altogether possible, that Bonaparte’s -revulsion at the treatment of his countrymen had influenced him 13 years -later in selling Louisiana Territory to the United States. The portent -of such possibilities has no direct connection with our story, except to -show what small affairs of men may affect all history and the millions -of people who live afterward, and, an indication that the world is not -worse, morally or ethically, now than it was then. - -[Illustration: SPINNING - -_Drawn by Lloyd Hune, Marietta, Ohio_] - -Through the intervention of President George Washington, Colonel William -Duer of the Scioto Company agreed to transport the emigrants to their -lands, opposite the mouth of the Big Kanawha. In the meantime, surveyors -discovered that this village site lay within the Ohio Company Purchase, -and not, as supposed, within the Scioto Purchase. Duer contracted -with Putnam to erect buildings for the settlers. Accordingly, Major -John Burnham, with 40 men, erected four rows of 20 cabins each, with -blockhouses at the corners and a small breastwork in front. To these -crude dwellings came the artisans, lawyers, jewelers, physicians, and -servants, the exiled nobility of France. They were so ignorant of -pioneer ways that some were killed beneath the fall of the trees they -chopped down. When the Ohio Company adjusted its affairs in December, -1795, the French settlers paid for their land a second time by buying -it for a dollar and a quarter per acre. At a later time the United -States government granted these unfortunate French a tract of land near -Portsmouth, Ohio, but few of them ever moved there. - -During the Indian war these citizens of Gallipolis were not molested by -the warriors, who still had friendly feelings toward their former French -allies in Canada. The other settlers, however, were not so fortunate -in escaping Indian hostility. On May 1, 1789, only four months after -the Treaty of Fort Harmar, Captain Zebulon King was killed and scalped -by two Indians at Belpre. In August two boys were killed two miles up -the Little Kanawha River in Virginia. Murders occurred with increasing -frequency along the frontier. Settlers in Virginia, Kentucky, and the -Ohio settlements called for protection. In 1790, Washington sent Harmar -northward from Cincinnati with an expedition to punish the Indians in the -Miami country, and compel obedience to the treaties of Fort McIntosh and -Fort Harmar, but the warriors defeated his army so severely that they -became bolder than ever in their revengeful attacks. - -On Sunday, January 2, 1791, a war party of thirty Delaware and Wyandots -attacked the settlers on donation lands at Big Bottom. Thirteen people, -including a woman and two children, were gathered in a two-story -blockhouse of beech logs. Four men were eating supper in a cabin a -hundred yards above the blockhouse, and two men were preparing their -meal in another cabin below the main building. A light snow covered -the ground, and the ice on the Muskingum was strong enough to hold the -Indians who crossed from the trail on the opposite side. While a few -of their number tied the four men in the upper cabin, the main body of -Indians surrounded the blockhouse. One of them pushed open the door, and -his companions fired at the men around the fireplace. Then the Indians -rushed in and massacred the settlers before they could reach their -weapons. Twelve people were killed, five were made captives, and the two -men in the lower cabin escaped to carry the news to the lower settlements. - -Many of the men from Belpre and Waterford were attending the Court of -Quarter Sessions in Marietta when the news of the massacre arrived. -Hurrying back to their homes, they prepared to defend themselves if other -attacks should be made. Several smaller settlements were abandoned, and -the fortifications at Marietta, Belpre, and Waterford were strengthened. -On January 8 Putnam wrote to Washington: - -“The garrison at Fort Harmar, consisting at this time of little more than -twenty men, can afford no protection to our settlements; and the whole -number of men in all our settlements, capable of bearing arms, including -all civil and military officers, do not exceed 287; and these badly -armed. We are in the utmost danger of being swallowed up, should the -enemy push the war with vigor during the winter.” - -[Illustration: INDIAN CHIEFS BEING ENTERTAINED BY RUFUS PUTNAM AT CAMPUS -MARTIUS] - -During the following summer a company of United States troops under -Major Jonathan Haskell was stationed at the Ohio Company settlements. -The roofs of Campus Martius were covered with four inches of clay as a -protection against flaming arrows. Picketed Point was strengthened and -another blockhouse built for quartering troops. Colonel Ebenezer Sproat -commanded a detail of 60 men from the militia in building fortifications. -Six scouts, two from each of the settlements, started each morning on -a circuit of 15 miles to discover the approach of Indians and give the -alarm. For this defense the Ohio Company paid a total of $11,350.90, -which was never repaid by the government. During the war the Indians -killed 38 settlers in the vicinity of Marietta. - -Coming soon after Harmar’s tragic defeat, the Big Bottom massacre seemed -to justify the boast of the Indians that they would drive the white men -out of the Ohio Valley. Washington commissioned St. Clair to lead an -army of 2,000 men to punish the tribes. Starting from Fort Washington in -October, 1791, they reached the eastern fork of the Wabash at present -Fort Recovery, Ohio, on November 3, and encamped without suspicion of -danger. At dawn they were surprised by a large body of Indians and forced -to retreat with a loss of 900 men. As a result of the bitter criticism -directed against St. Clair, a committee of Congress investigated the -battle and found that the blame rested not upon St. Clair, but upon the -incompetence of the troops and the inadequacy of the equipment. This has -been before referred to as a besetting evil of early western campaigns. - -The situation had become of serious national consequence. One of the -traits of Indian warriors was a desire to be on the winning side. Under -the impetus of two crushing defeats administered in quick succession -to the American troops, even those tribes which had been peaceable -and inoffensive began joining with the war-mad tribes and all white -settlements were endangered. There was strong reason to believe, as was -later substantiated, that the British who had not evacuated posts in -Michigan despite the Treaty of Paris, were aiding and abetting the red -man. - -Washington realized that decisive steps must be taken if the Northwest -was to be saved to the United States, and appointed General “Mad” Anthony -Wayne of Revolutionary fame to lead the next expedition against the -Indians and their allies. - -[Illustration: ANTHONY WAYNE - -_Drawn by Herbert Krofft, Zanesville, Ohio_] - -After two years of preparation in drilling his troops and building -several forts to protect supply trains, he led an army of 2,000 regulars -and 1,500 militia to the confluence of the Auglaize and Maumee Rivers. -Enroute from Fort Greenville he had performed a notable strategy, which -led the Indians on the westward to believe he would attack near present -Fort Wayne, Indiana, and those to the east to conclude that he would -attack them near present Toledo, Ohio. In reality he drove straight -north to the mouth of the Auglaize where he built Fort Defiance, and -thus, because of their absolute dependence upon the Maumee River for -transportation, split the Indian forces in half. Taking ample time and -with his now well-disciplined army, he attacked the Indians at Fallen -Timbers, west of present Toledo. Here, behind trees blown down by a -tornado, an army of 2,000 Indians waited for an attack. On the morning of -August 20, 1794, Wayne’s army finally crushed the strength and spirit of -the Indian hostility. - -The British troops at Fort Miami, which was on American soil, four miles -away from the battlefield, did not go to the assistance of the Indians, -although a number of Canadian soldiers and officers were captured -or killed in the battle. This failure of support and the smashing -defeat which had been administered to them made possible the Treaty of -Greenville, made by Wayne with the Indians on August 5, 1795. - -The boundary lines established by this treaty extended somewhat beyond -those of the Fort McIntosh Treaty of ten years before. What Wayne and the -Greenville Treaty did accomplish was to convince the Indians and their -British backers that America meant to hold the Northwest. They remained -convinced until the War of 1812, when the matter was settled for all time. - -With the advent of peace, settlement of Ohio and the Northwest proceeded -rapidly. Virginians swarmed into the Military Tract reserved by her -deed of cession for bounty lands. Manchester, on the Ohio River, was -settled in 1791 by Colonel (later General) Nathaniel Massie, who also -settled Chillicothe in 1796. Chillicothe was to become later the first -territorial capital, then the first capital of Ohio. - -When Connecticut ceded her claims to the Northwest Territory lands to the -United States, reservation had been made in the northeast corner of the -present state of Ohio—known as the “Western Reserve.” - -A half million acres of this area were set off for the benefit of -Connecticut citizens who had suffered loss by fire at the hands of -the British in the Revolutionary War. These still bear the name of -“Firelands.” In 1795 Connecticut sold the portion of her reserved lands -east of the Cuyahoga River to a land company, and here in 1796 Moses -Cleaveland established the present city which bears his name. - -In the central part of the state Franklinton, present Columbus, was laid -out in August, 1797. By 1800 the towns of Marietta, Cincinnati, North -Bend, Gallipolis, Manchester, Hamilton, Dayton, Franklin, Chillicothe, -Cleveland, Franklinton, Steubenville, Williamsburg and Zanesville and -many smaller settlements were in existence. - -In the territory to the west settlers were now finding new homes. -Settlements around the old French trading posts and forts had grown -materially and new centers were springing up in an ever westward march. - -The Northwest as an integral and thriving part of the United States was -definitely established. - -While it would be interesting herein to follow through the developing -communities of those states later to be formed from the territory, the -purpose of this book apparently requires confinement of details to the -formative period of the territory, and, except in unusual cases, towns -and cities settled after 1800 will be left to state histories, which are -commonly available. - -[Illustration: FORT HARRISON ON THE WABASH - -_Drawn by Helen Jean Marshall, Grand Ledge, Michigan_] - -The region now known as Indiana was traversed by La Salle, possibly along -the Ohio in 1670, along the St. Joseph and the Kankakee in 1679. French -traders were at the present site of Fort Wayne early in the eighteenth -century, and Fort Ouiatenon (southwest of Lafayette) was built by 1722. -Vincennes was established and a fort built there by 1732. This entire -region remained under French control until after the French and Indian -War, when it was surrendered to the English. Following victories at -Kaskaskia and Cahokia in the Illinois country, Americans under George -Rogers Clark captured Vincennes in 1779. While his expedition was -authorized by Governor Patrick Henry of Virginia as a state venture, -the final effect was to establish the claim of the United States to the -Northwest Territory sufficiently to secure cession by England in the -Treaty of Paris. - -This event, followed by cession of state claims, opened up the Middle -West to the United States, except for Indian titles. The first American -settlement in Indiana was made at Clarksville in 1784. - -The Treaty of Greenville, made by Wayne in 1795 gave the United States -undisputed title to the southwest corner of the present state of Indiana -and certain reservations for white settlements. Thus, a hundred and fifty -years ago it was the whites who were privileged to live on reservations -in Indian territory, rather than as has been the practice since the -memory of living men. The “Vincennes tract” and the “Clark grant” had -been occupied before the Northwest Ordinance was framed. There followed -the Treaty of Greenville, at irregular intervals, well into the middle -of the nineteenth century, more than fifty treaties of more or less -importance before all Indian titles had passed to the United States. - -[Illustration: WILLIAM HENRY HARRISON HOUSE - -_Drawn by Geneva Kirschoff, Vincennes, Indiana_] - -In 1800 the population of Indiana Territory (the western part of the -Northwest Territory after its division) was 5641 people. Of these, 929 -lived in the Clark grant and some 1500 others around Vincennes. Corydon -in southern Indiana succeeded Vincennes as the territorial capital -in 1813, and so remained when the state was admitted to the Union in -1816. At that time, some 15 counties had been established, all of them -in the southern part of the state. The state capital was removed to -Indianapolis, its present location, in 1825. - -Illinois, located on the great Mississippi River highway of the French -explorers and missionaries, had attained a considerable repute for so -remote an area. - -About 1700, Kaskaskia and Cahokia, near the present St. Louis, had -been settled as trading posts and, along with those erected in present -Michigan and Wisconsin, were links in a chain of proposed forts from -the St. Lawrence River to the Gulf of Mexico. Such was the intensity of -purpose of France with reference to the Northwest in the early 1700’s. - -In 1712 the Illinois River had been made the northern border of the -Louisiana Territory. - -As a result of the French and Indian War, however, the territory east of -the Mississippi and north of the Ohio River was ceded to England. Due to -the Pontiac Conspiracy, an alliance of most of the Indian tribes of the -Northwest, it was two years later before the French flag was lowered at -Fort Chartres and English dominion effected. As in all the rest of the -Northwest after that war, settlement was forbidden by royal decree until -around 1770, when settlers poured in from the seaboard colonies. As a -result, one of the great early colonial “land bubble” schemes centered in -southern Illinois. - -In 1771, the Illinois settlers petitioned for, and, in fact, _demanded_, -a form of self-government; but this was refused by Great Britain and in -1774 the Quebec Act annexed the entire area to the Province of Quebec. -This all resulted in a considerable sympathy of the Illinois people for -the cause of the American colonists in the ensuing Revolutionary War. - -[Illustration: FORT DEARBORN, CHICAGO - -_Drawn by Helen Jean Marshall, Grand Ledge, Michigan_] - -Fort Dearborn, established 1803, and now the site of America’s second -largest city, was captured in 1812 by the Indians, and as late as 1832 -the Blackhawk War was fought in their last effort to retain title. - -Due probably to the entrenched squatter settlements scattered through -the area, the “first American settlements” are disputed, although -Bellefontaine in the present Monroe County is regarded as the first. -Shawneetown and Edwardsville were early land offices, along with -Kaskaskia and Vincennes. - -When lead ore was discovered at Galena in northwestern Illinois, -settlement spread rapidly there. As has been said, Chicago began with -Fort Dearborn in 1803, but at the time it was incorporated as a city in -1837, the village had but 4,170 inhabitants. - -In 1809 the separate Territory of Illinois was created by Congress. The -territory entered its second phase of elective officers in 1812, and -in 1818 was admitted into the Union. Capitals had been at Kaskaskia, -1809-18; Vandalia, 1819-39; and thereafter at Springfield. - -It is impossible to interpret the American phase of Michigan’s history -without a fairly thorough understanding of the earlier French and English -occupancies. - -[Illustration: DETROIT IN 1815 - -_Drawn by Helen Jean Marshall, Grand Ledge, Michigan_] - -The French explorer-missionary-trader parties had followed the water -courses of the Great Lakes and the Mississippi and other rivers, and -founded posts substantial enough, particularly at strategic points, to -survive as English and later American communities. - -Cadillac settled Detroit in 1701, but the restraint to settlement -imposed by the English occupation—1763-1775—precluded any substantial -growth. Pontiac, the great Indian chieftain of the Ottawas, effected -his conspiracy and made a great effort to retain the territory for the -Indians. - -Michigan was made a separate territory in 1805 (see chapter on Evolution -of the Northwest Territory), and became a state in 1837. The capital -had been at Detroit, and so remained until 1847, when it was moved to -Lansing. - -As has been said, particularly of Illinois and Michigan, growth of -American settlement in Wisconsin cannot be dissociated from the French -era. Jean Nicolet is credited with being the first white man to explore -the region, in 1634. But all the noted French expeditions paved the way -for later trading posts and missions. - -The Indian population of Wisconsin early in the seventeenth century -had probably been the largest of any area of similar size east of the -Mississippi River, and hence, with the adjacent Minnesota lands, the -region offered great attraction to the fur traders, and to missionaries. - -Prairie du Chien and Green Bay were major settlements and county seats -of the first counties of the early era. While England held technical -possession of the territory—1763-1783—her occupation was ineffective and -of little importance. Wisconsin was, however, the last section of the -Northwest Territory to be evacuated by the British. - -American traders entered “Ouisconsin” 1760-1766, and were later succeeded -by John Jacob Astor’s American Fur Company. The lead mines discovered -around present Galena, Illinois, by the Frenchman, Perrot, in the late -1600’s were a considerable factor in settlement. It is interesting to -note that negro slaves were used in these mines in 1820. - -Set apart as a territory in 1836, with its first boundaries later changed -to the territory east of the Mississippi River in 1838, Wisconsin became -a state in 1848, with its capital at Madison. - -Technically, under the Ordinance of 1787, all of the Northwest Territory -was to become not more than five states, and hence the present portion -of Minnesota lying east of the Mississippi represents one of those -adjustments of state boundaries established by Congress. - -Like the areas of Michigan and Wisconsin, the Minnesota country was -first explored by the French, who established missions, developed the -fur trade, and conducted a search for the fabled northwest passage to -the Pacific. Perhaps the earliest of the French explorers to see the -Minnesota country were Radisson and Groseilliers, who may have pushed -into what is now part of the state not long after the middle of the -seventeenth century, and who came into contact with Sioux Indians in -1659-60. The region became known as a result of the visits of a number -of explorers, including Du Lhut, who explored the country between the -Mississippi and the St. Croix in the decade following 1679; Father -Hennepin, who discovered the Falls of St. Anthony in 1680; Perrot, who -laid formal claim to the upper Mississippi country for France in 1689; -Le Sueur, who built a post on Prairie Island in the Mississippi in 1695 -and Fort L’Huillier on the Blue Earth River in 1700; La Perriére, who -established Fort Beauharnois on Lake Pepin in 1727; and La Vérendrye, -who with his sons and his nephew opened the great canoe route from Lake -Superior to Lake Winnipeg between 1731 and 1743. Along this route, which -he believed might connect with the northwest passage, he established a -chain of forts, including Fort St. Charles on the Lake of the Woods. - -At Grand Portage, where La Vérendrye’s route to the West left Lake -Superior, a great fur trade depot developed in the French period and -continued to prosper after the arrival of the British in 1763. The -British were forced to abandon Grand Portage after 1816, but the white -occupation of the site has continued to the present. Among exploring -traders who entered the Minnesota country during the British period were -Jonathan Carver, Peter Pond, and David Thompson. - -In southern Minnesota the earliest permanent white settlement grew up -in the American period near the mouth of the Minnesota River on a tract -that was acquired from the Indians by Lieutenant Pike in 1805. There -in 1819 Fort St. Anthony, later called Fort Snelling, was established. -To manufacture lumber for the fort, a government sawmill was built at -the Falls of St. Anthony in 1821-22. The first steamboat pushed up the -Mississippi to the Minnesota fort in 1823. Other white settlements -developed in the vicinity—Mendota across the Minnesota River from the -fort, St. Paul some miles down the Mississippi, and St. Anthony and -Minneapolis on the same stream above the fort at the Falls of St. -Anthony. Exploration continued in the American period. After Schoolcraft -discovered Lake Itasca, the source of the Mississippi, in 1832, it became -possible to determine definitely the northwestern boundary of what had -been the Northwest Territory. The upper valley of the Father of Waters -was explored also by Pike, Cass, Beltrami, and Nicollet. - -In 1805 the United States acquired from the Indians tracts of land at the -mouths of the Mississippi and St. Croix rivers, and in 1837, the area -between the lower St. Croix and the Mississippi. Settlements began soon -afterward at Dakota (Stillwater), Marine, and St. Croix Falls, and it -was due in large part to the efforts of these settlements that what is -now eastern Minnesota was not included in Wisconsin. In 1848 a land boom -started at St. Paul and immigration to the region increased materially. -In 1849 the area of eastern Minnesota, which had been successively a -portion of the Northwest, Indiana, Illinois, Michigan, and Wisconsin -territories, became a part of the new Minnesota Territory, which was -admitted to the Union as a state in 1858. Indian title to lands in the -region was extinguished by treaties in 1854 and 1866. - -Thus, eighty-one years after the first cession to the United States of -Indian lands in the Northwest Territory, territorial acquisition was -complete. - -It is not fair to leave consideration of growth of settlements without -some mention of its religious aspect, particularly in view of the -portentous clauses of the ordinance, “Religion, morality and knowledge -being necessary to good government” and “no person, demeaning himself -in a peaceable and orderly manner, shall ever be molested on account of -his mode of worship.” It is impossible even to estimate the influence -of the French-Catholic missionaries upon the Indians and later white -settlers. Nor can we evaluate the effect of the early Moravian effort to -christianize the Indians in Ohio. - -As soon as the Ohio Company settlers built their cabins, they provided -educational opportunities for their children. Aside from the Moravian -mission school for Indians at Schoenbrunn in 1773, the first school in -Ohio was opened for the small children at Belpre in the summer of 1789. -On the hill above Farmers’ Castle lived Colonel Israel Putnam, who -brought to Belpre many books that had belonged to his father, General -Israel Putnam. With these books as a nucleus, the Belpre residents formed -a library owned by a joint stock company with shares at ten dollars each. -It was variously called the Putnam Library, the Belpre Library, and the -Belpre Farmers’ Library. It was the first American circulating library in -the Northwest Territory. - -A school was conducted at Marietta during the winter of 1788 by Tupper -in the northwest blockhouse of Campus Martius. Teachers were employed -regularly every year thereafter in Campus Martius and “The Point.” On -July 16, 1790, the Ohio Company made its first appropriation of $150.00 -for the support of schools. According to the contract of the Ohio Company -with Congress, two townships near the center of the purchase were to be -given by the national government for a university. Under this provision -Ohio University was established at Athens in 1808 as the first state -university in the world under democratic government. - - - - -CHAPTER VI - -EVOLUTION OF THE STATES OF NORTHWEST TERRITORY - -Adapted from R. G. Thwaites: see Wisconsin State Historical Society -_Collections_ (Madison, Wis.) XI (1888), 451-496. - - -As further evidence of George Washington’s interest in the West, it -was he who first suggested boundary lines for the northwestern states. -September 7, 1783, he wrote to James Duane, Congressman from New York, -regarding the future of the country beyond the Ohio. After giving some -wise suggestions as to the management of both Indians and whites, he -declared that the time was ripe for the creation of a state there. Here -are the bounds proposed by the veteran surveyor: - -[Illustration: NORTHWEST TERRITORY _with future state boundaries as -specified by the ORDINANCE OF 1787_] - -“From the mouth of the Great Miami River, which empties into the Ohio, -to its confluence with the Mad River, thence by a line to the Miami fort -and village on the other Miami River, which empties into Lake Erie, and -thence by a line to include the settlement of Detroit, would, with Lake -Erie to the northward, Pennsylvania to the eastward and the Ohio to -the southward, form a government sufficiently extensive to fulfill all -the public engagements and to receive moreover a large population by -emigrants. Were it not for the purpose of comprehending the settlement of -Detroit within the jurisdiction of the new government, a more compact and -better shaped district for a state would be, for the line to proceed from -the Miami fort and village along the river of that name, to Lake Erie; -leaving in that case the settlement of Detroit, and all the territory -north of the rivers Miami and St. Joseph’s between the Lakes Erie, St. -Clair, Huron, and Michigan, to form hereafter another state equally -large, compact and waterbounded.” - -Thus did Washington roughly map out the present states of Ohio and -Michigan. - -Early in March, 1784, Congress instructed a committee to fashion a plan -of government for the Northwest Territory. Thomas Jefferson, who was -chairman, is given credit for drafting the committee’s report, which -was first taken up by Congress on April 19, 1784 and adopted after -some amendment. The original draft is famous for Jefferson’s fantastic -proposal to divide the Northwest on parallels of latitude, into ten -states with severely classical names: Sylvania, Michigania, Assenisipia, -Illinoia, Polypotamia, Chersonesus, Metropotamia, Saratoga, Pelisipia, -and Washington. While Congress practically accepted this system of -territorial division, his proposed names were rejected, and each section -was left to choose its own title when it should enter the Union. - -These resolutions of April 23, 1784, lasted, on paper, until July 13, -1787, when the Congress of the Confederation adopted the Ordinance of -1787. The ordinance was specific in its provisions as to boundaries of -the states to be later formed from the territory. Whether this reflected -Washington’s and Jefferson’s contemplated division, or whether, as is -more probable, the statements of these men merely expressed a general -feeling that the West and the nation itself would prosper best by -pre-determination of boundaries, is not known. - -Jefferson, in supporting his theoretical plan for sub-division, had urged -a row of smaller or “buffer” states between the settled states of the -East and those larger and presumably-to-become more powerful states along -the Mississippi River. - -In any case, the boundaries of states yet to be created were closely -defined in article five of the compact, which, by its own terms, could -only be altered by mutual consent of both parties. This was to result in -almost continuous dispute for the next sixty years. Probably some fine -points of law could be raised as to the meaning of “common consent” as -applied to the “original states and _the people and states in the said -Territory_.” Congress was apparently the qualified representative of the -original states, but who could express the wishes of the “people and -states of the said Territory?” Could any one state—or two states—consent -to alterations, or must the entire territory also accede? With a definite -authority for consent to alteration on one side, and vague power and -conflicting interests on the other, the effect was that Congress -essentially made the decisions as to altering the original terms of the -compact. - -Certainly, at the time, the geography of the Northwest Territory was not -accurately determined and this accounts for the later logic of some of -the changes made. The source of the Mississippi River, and therefore the -western boundary of the territory, was not known until 1832. Maps of the -period put the southern extremity of Lake Michigan some twelve miles -north of where it actually was. But, beyond these physical reasons for -not abiding by the terms of the compact, politics and selfish interests -played a considerable part as the Northwest Territory was divided first -into smaller territories and then into states. - -More cynical people have been inclined to scoff at the worth of this -“sacred compact,” so blithely violated upon several occasions. Not only -do they propound the state boundaries incidents, but point out that the -ordinance itself was adopted and put in effect unconstitutionally because -only eight states voted for it, while the Articles of Confederation, then -the constitutional law of the nation, provided that the vote of nine -states was necessary to adoption. - -The real value of the study of history lies first in having the exact -facts, and then regarding them in the broad light of their major trends, -and giving weight to details only as they may affect the whole. It is -easy and rather tempting to select and over-emphasize lesser incidents -of history and so, perhaps, distort the more important conclusions to be -drawn. - -Congress did violate the Articles of Confederation in adopting the -ordinance, and the terms of the compact itself in determining the -boundaries of states, but as in other history, the action was based upon -the best knowledge available at the time, and, on the whole, the course -pursued has proved to be right and posterity has approved it. - -Twelve years after the ordinance was passed, Congress made its first -division of the Northwest Territory. The act provided: - -“That from and after the fourth day of July next, all that part of the -territory of the United States northwest of the Ohio River which lies to -the westward of a line beginning at the Ohio, opposite to the mouth of -Kentucky River, and running thence to Fort Recovery, and thence north -until it shall intersect the territorial line between the United States -and Canada, shall, for the purposes of temporary government, constitute a -separate territory, and be called the Indiana Territory.” - -The country east of this line was still to be called the Northwest -Territory, with its seat of government at Chillicothe, while Vincennes -was to be the seat of government for Indiana Territory. That portion -of the line running from the point of the Ohio, opposite the mouth of -the Kentucky, northeastward to Fort Recovery, was designed to be but a -temporary boundary, it being one of the lines established between the -white settlements and the Indians, by the Treaty of Greenville, August 3, -1795. - -The subsequent act of Congress, approved April 30, 1802, enabled “the -people of the eastern division” of the Northwest Territory, Ohio, to -draft a state constitution, and obliged them to take in their northern -boundary and accept therefor “an east and west line drawn through the -southerly extreme of Lake Michigan,” in accordance with the limits -prescribed by the original ordinance. In the Ohio State Constitutional -Convention, meeting at Chillicothe in November, this line had been -acceded to, until the members learned that an experienced trapper, -then in the village, claimed that Lake Michigan extended farther south -than was ordinarily supposed. It appeared that in the Department of -State, at Washington, there was a map which placed the southern bend of -Lake Michigan at 42° 20´, about 12 miles north of its actual location. -This map had been used by the committee of Congress which drafted the -Ordinance of 1787, and a pencil line was discovered upon it. The line -passed due east from the bend and intersected the international line at -a point between the River Raisin and Detroit. The Chillicothe convention -became alarmed by the trapper’s report of the incorrectness of Mitchell’s -map, and attached a proviso to the boundary article, as follows: - -[Illustration: 1800] - -[Illustration: 1805] - -“_Provided always, and it is hereby fully understood and declared by -this convention_, That if the southerly bend or extreme of Lake Michigan -should extend so far south, that a line drawn due east from it should not -intersect Lake Erie, or if it should intersect the said Lake Erie east of -the mouth of the Miami River of the lake, then, and in that case, with -the assent of the Congress of the United States, the northern boundary -of this state shall be established by, and extending to, a direct -line, running from the southern extremity of Lake Michigan to the most -northerly cape of the Miami Bay.” - -“The eastern division” of the Northwest Territory, now organized under -the name of the state of Ohio, was admitted to the Union in 1803. - -[Illustration: 1809] - -[Illustration: 1816] - -On the eleventh of January, 1805, an act of Congress was approved, -erecting the Territory of Michigan out of “all that part of the Indiana -Territory which lies north of a line drawn east from the southerly -bend, or extreme, of Lake Michigan, until it shall intersect Lake Erie, -and east of a line drawn from the said southerly bend through the -middle of said lake to its northern extremity, and thence due north -to the northern boundary of the United States.” In short, the present -southern peninsula of Michigan had a southern boundary as established -by the Ordinance of 1787, and all that portion of the Upper Peninsula -lying east of the meridian of Mackinac. Congress had admitted Ohio to -the Union with a tacit recognition of the northern boundary laid down -in her constitutional proviso. Geographical knowledge of the West was -still so vague that this conflict of boundaries had been overlooked, -and Michigan Territory was allowed a southern limit which overlapped -the territory assigned to Ohio. Thus, when the southerly bend of Lake -Michigan became known, a serious boundary dispute arose. Michigan claimed -the ordinance was a compact which could not be broken by Congress, except -by common consent; but Ohio clung to the strip of country which the -constitution-makers at Chillicothe had secured for her in the eleventh -hour. The wedge shaped strip in dispute averaged six miles in width, -across Ohio, embraced 468 square miles, and included Toledo and the mouth -of the Maumee River. May 20, 1812, Congress passed an act to determine -the boundary; but owing to the impending war with Great Britain, the -lines were not run until 1818, and then not satisfactorily. July 14, -1832, another act of Congress for the settlement of the northern limit -of Ohio was passed. The situation of the compact had further complicated -the territorial boundary when Congress attached the northeastern part -of Louisiana purchase to Michigan Territory for temporary purposes of -government. - -[Illustration: 1818] - -[Illustration: 1837] - -By that time Michigan had begun to urge her claims to statehood, -insisting on the southern boundary prescribed for the fourth and fifth -states by the ordinance. The state of Virginia, as the chief donor of -land, was asked to intercede in behalf of Michigan. Virginia officials -were in accord with Michigan’s contention, but failed to produce any -effect on Congress, to whose dominant party the political sympathy of -the actual state of Ohio was more important than the good-will of the -prospective state of Michigan. Without waiting for an enabling act, -a convention held at Detroit in May and June, 1835, adopted a state -constitution for submission to Congress, demanding entry into the Union, -“in conformity to the fifth article of the ordinance.” The boundaries -sought were those established by the fifth article. That summer there -were a few disturbances in the disputed territory, and some gunpowder was -harmlessly wasted. In December, President Andrew Jackson laid the matter -before Congress in a special message. Congress quietly determined to -arbitrate the quarrel by giving the disputed tract to Ohio and offering -Michigan the whole of what is today her Upper Peninsula. However, -Michigan did not want this supposedly barren and worthless country to -the northwest, and protested against what was deemed an outrage. It was -declared that Michigan had no interest in the north peninsula, and was -separated from it by natural barriers for one-half of the year. It was -further pointed out that the upper peninsula rightfully belonged to the -fifth state to be formed out of the Northwest Territory. But Congress -demanded the settlement of this dispute before the admission of Michigan -into the Union. In September, 1836, a state convention, called for the -sole purpose of deciding the question, rejected the proposition on the -ground that Congress had no right to annex such a condition, according to -the terms of the ordinance. A second convention, however, approved it on -December 15 of the same year, and Congress at once accepted this decision -as final. Thus Michigan came into the Union on January 22, 1837, with the -same boundaries which she possesses today. - -The creation of Michigan Territory in 1805 had left Indiana Territory -with the Mississippi River as its western border, the Ohio River as its -southern, the international boundary line and the south line of Michigan -as its northern, while its eastern limits were the west line of Ohio, the -middle of Lake Michigan and the meridian of Mackinac. This included the -present states of Indiana, Illinois, Wisconsin, part of Minnesota, and -the greater part of the Michigan upper peninsula. - -[Illustration: 1848] - -[Illustration: 1858] - -The next division was ordained by act of Congress, approved February 3, -1809, when that portion of Indiana Territory lying west of the lower -Wabash River and the meridian of Vincennes north of the Wabash became the -Territory of Illinois. Indiana was thus left with her present boundaries, -except that she owned a funnel-shaped strip of water and of land just -west of the middle of Lake Michigan, between the Vincennes meridian and -what was then western boundary of Michigan Territory, including that part -of the present upper Michigan peninsula between the meridians of Mackinac -and Vincennes, and her northern boundary was ten miles south of the -present state boundary. - -When Indiana was admitted to the Union, December 11, 1816, by act -approved April 19, 1816, her northern boundary was established by -Congress on a line running due east of a point in the middle of Lake -Michigan ten miles north of the southern extreme of the lake. This -again was a flagrant violation of the ordinance, with the excuse that -Indiana must be given a share of the lake coast. Since there were then no -important harbors or towns involved, Michigan made no serious objection -to this encroachment on her territory. - -The contraction of the northern boundaries of Indiana left the previously -mentioned strip of water in Lake Michigan and the northern peninsula -country literally a “No Man’s Land.” States and territories had been -formed around it, but this rich section of ore and pine lands was left -for a while unclaimed. - -The act of April 18, 1818, enabling Illinois to become a state, cut down -her territory to its present limits. The northern boundary of Illinois -was fixed at 42° 30´, which is over 61 miles north of the southern bend -of Lake Michigan, the northern boundary prescribed by the ordinance for -the fourth and southern boundary of the fifth states to be formed. What -later became Wisconsin was thereby deprived of 8,500 square miles of -rich agricultural and mining country and numerous lake ports. This was -done through the manipulation of Nathaniel Pope, Illinois’ delegate in -Congress at that time. Pope argued that Illinois must become intimately -connected with the growing commerce of the northern lakes, or else her -commercial relations upon the rivers to the south might cause her to join -a southern confederacy in case the Union were disrupted. Illinois became -a state December 3, 1818. Congress assumed the right to govern and divide -the territory in the Northwest to suit itself, regardless of the solemn -compact of 1787, and there seemed nothing to do but submit. The future -proved that Michigan had been more than repaid for the loss of the Ohio -border strip when she acquired the northern peninsula. However, Wisconsin -lost this tract of territory which belongs to her geographically, and -also the southern part of the state, which had been contemplated by the -ordinance. - -By act of June 12, 1838, Congress still further contracted the limits -of Wisconsin Territory by adding the trans-Mississippi tract she had -“inherited” from Michigan Territory to the new Territory of Iowa. -However, this was in accordance with an earlier design when the northern -Louisiana purchase country between the Mississippi and Missouri Rivers -was attached to Michigan Territory for purposes of temporary government. - -Wisconsin remained so bounded until the act of Congress approved August -6, 1846, enabled her people to form a state constitution. Settlements -had now been established along the upper Mississippi and in the St. -Croix Valley. While this area had been part of the original Northwest -Territory, and was then part of Wisconsin Territory, it was far removed -from the bulk of settlement in southern and eastern Wisconsin, and -rather than be so remote from the rest of the state population, the -settlers desired to join the new Territory of Minnesota, which was to -be formed west of the Mississippi. They brought strong influences to -bear in Congress, and an enabling act gave Wisconsin practically the -same northwestern boundary that she has today—from the first rapids -of the St. Louis River due south to the St. Croix River and thence to -the Mississippi. This cut off an area of 26,000 more square miles from -Wisconsin and assigned it to Minnesota. There was a sharp fight over the -matter, both in Congress and in the Wisconsin Constitutional Convention -of 1846 and 1847-48, with the result that the people of the St. Croix -region won. Wisconsin was admitted into the Union, by act approved May -29, 1848. - -The remaining portion of the original Northwest Territory west of -Wisconsin finally became a part of the Territory of Minnesota, admitted -as a state May 11, 1858. - - - - -CHAPTER VII - -THE SIGNIFICANCE OF THE ORDINANCE OF 1787 - - -The name “Old Northwest” implies that the five states included in it -share a common historical and social background. Between its southern -end, which looks down upon the beautiful Ohio, and its northern -extremity, lapped by the blue waters of Huron and Superior, there are -wide variations of geographic and economic conditions; yet the teeming -millions who now inhabit this region are conscious of an identity of -interests, and of a common outlook upon life, which gives to this section -an individuality as distinct as that possessed by the people of New -England, or of the Old South. - -Any explanation of this individuality leads inevitably to the Ordinance -of 1787. As mountain peaks overtop the surrounding plain, a few great -legislative acts in our history tower above the vast body of statutes -which fill the books in our law libraries. Magna Charta, extorted from -reluctant King John at Runnymede 700 years ago, is one such document; -the Quebec Act of 1774, fateful for the future of Canada and the United -States, is another. Of like character are our Federal Constitution, -and the Ordinance of 1787, both drafted in the same year; one for the -government of the American nation, the other for the government of the -land lying north and west of the Ohio River. - -The Old Northwest was chiefly a wilderness in 1787, but it was not -a vacant wilderness. Everywhere were the native red men, who quite -naturally viewed the country as their own, to be defended to the last -extremity of their power. At many points—Detroit, Maumee Rapids, Fort -Wayne, Vincennes, Kaskaskia, Cahokia, St. Joseph, Prairie du Chien, Green -Bay, and Mackinac, to mention a few—were civilized communities which -had been founded by the French during the century which ended with the -English Conquest of Canada in 1760. Following this, British officials and -army officers, traders and adventurers, had entered the western country, -and in many instances had inter-married with the older French and Indian -population. Although the Treaty of Paris of 1783 had given the West to -the new United States, with the Great Lakes and the Mississippi as its -northern and western boundaries, the close of the Revolution found Great -Britain and the Indians in actual possession of all but the southern tip -of the Old Northwest, and this possession she did not surrender until the -summer of 1796. - -Thus before settlers from the seaboard colonies could occupy the country -north of the Ohio, the British government must be expelled from it, and -the Indian tribes must be conquered by the United States. The leaders -who formed the Ohio Company were substantial New Englanders, many of -whom had been officers in the Revolutionary War. They were familiar from -infancy with the New England system of local government, and while they -were ready to remove to the western country, to develop new homes in the -wilderness, they had no thought of abandoning the shelter of organized -government. South of the Ohio, settlers had moved into the western -country on their individual responsibility, depending upon Virginia and -their own resources for protection against savages and wilderness alike. -This had been possible because the Kentucky country was not only a rich -land of mild climate, but because it had long been a vacant wilderness, -where no Indians lived, and no foreign government exercised jurisdiction. -So the Boones and Kentons, and their comrades, had moved in before -asking permission or protection from any civilized government. The New -Englanders, on the contrary, had occupied the wilderness by organized -communities, and from ancient habit had organized new towns as fast as -they pushed the line of frontier settlement westward and northward. The -Indians in the Ohio country were determined to keep the Americans out of -it, and they enjoyed the sympathy and support of the British officials. -Thus there was every reason why the intruding settlers should insist upon -having an organized government go with them into the Northwest. - -[Illustration: LAND SURVEYS IN OHIO WITH EARLY POSTS AND SETTLEMENTS] - -So their spokesman went to New York, and persuaded the Confederation -Congress to give them the government they wished, and the Ordinance of -1787 was passed. It has been described in earlier chapters, and the -purpose of this final section is to show how it influenced the future -development of the Old Northwest, and the United States. - -The object of the Ordinance is fully stated in its title, “An Ordinance -for the Government of the Territory of the United States Northwest of the -Ohio River.” It contains two principal parts; the first describes the -actual scheme of the government to be erected, while the second contains -six articles which are declared to be a “compact” between the people of -the original states and the people of the Northwest Territory. At that -time the word “compact” was applied to the most solemn agreement known -to political science, and the six articles of the present one were to -“forever remain unalterable,” unless changed by the common consent of the -two parties concerned in it. - -The thirteen colonies, which in 1776 declared their independence from -England, all lay east of the Alleghany Mountains, with their settled -portions extending barely two hundred miles inland from the seashore. -Today our country extends from ocean to ocean, a distance of three -thousand miles. It was the governmental conception which first found -concrete expression in the Ordinance of 1787 which made possible this -vast westward expansion of our country, and its development from a union -of thirteen seaboard states into a continent-wide nation of forty-eight. - -It came about this way: Before the American Revolution, colonies were -universally regarded as dependencies, to be governed by the mother -country for the promotion of its own advantage. After the conquest of -Canada, the British ministry decided to maintain a standing army in -America, and since the colonies were to be protected by it, the ministry -determined that they should be taxed to support it. The colonists, -however, refused to submit to such taxation, and after a long period -of argument and debate, made good their refusal by waging a successful -war against their king. This success marked the death of the old -British Empire, and led directly to one of the most momentous political -discoveries in human history. - -The colonists had refused to be treated any longer as mere dependents, -subject to the control of a distant parliament, in which they were -not represented. But even before independence had been won, they -found themselves face to face with the same problem, _how to govern a -dependency_, which had baffled the wit of the British ministry. Some of -the colonies had claims to portions of land west of the Alleghanies. -Other colonies had none, and Maryland in particular demanded that all -should share in the ownership of the western country which had been won -by the “common blood and treasure” of all the colonies. - -[Illustration: “_No colony in America was ever settled under such -favorable auspices as that which has just commenced at the Muskingum. -I know most of the men personally, and there never were men better -calculated to promote the welfare of such a community._”—GEORGE -WASHINGTON. - -“—_that ordinance was constantly looked to whenever a new territory was -to become a state. Congress always traced their course by the Ordinance -of 1787._”—ABRAHAM LINCOLN.] - -The debate over this issue went on for several years in the Continental -Congress, Maryland, meanwhile, stoutly refusing to accept any federal -government until her demand concerning the western country should be met. -Out of the long debate was gradually evolved a new political conception -for the government of dependencies. The states having claims to lands -in the western wilderness ceded them to the general government, to be -administered for the common benefit of all; and Congress solemnly pledged -that the country thus given to the nation should be organized into new -states, which would be admitted to the Union _on a basis of equality with -the existing states_. - -This program for the government of America’s own colonial domain -eliminated at a single stroke the grievance which had driven the older -colonies into rebellion against their king and country. For their -complaint, at bottom, was that they were regarded as politically -inferior to their countrymen at home, subject to be governed forever by -the latter, without regard to their own views or desires. The American -program said, in effect, to the western colonists: “While you are few in -numbers, strangers to one another, and menaced by hostile forces outside -yourselves, the nation will govern and protect you, as a parent governs -and protects his child; but as soon as you reach a state of maturity -where you can do these things for yourselves, you will be admitted to the -union of states, with the same powers and privileges that all the rest -enjoy.” - -[Illustration: “_In truth the Ordinance of 1787 was so wide reaching in -its effect, 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._”—THEODORE -ROOSEVELT. - -“—_with respect to that third great charter—the Northwest Ordinance. The -principles therein embodied served as the highway, broad and safe, over -which poured the westward march of our civilization. On this plan was the -United States built._”—FRANKLIN D. ROOSEVELT.] - -Thus, and only thus, could the American nation ever have been extended -“from sea to shining sea.” The great political discovery which made -this extension possible was hammered out in the heat of debate over -the formation of our first national union, the government of the -Confederation, which came into being in 1781. But it was first given -concrete application in the Ordinance of 1787, which provided the form -of government for the territory northwest of the Ohio River. This -principle, unconfined by the boundaries of the Old Northwest, extends to -all the continental expansion of the United States; while Great Britain, -profiting by the lessons of experience, has granted self-rule to Canada, -South Africa, New Zealand, and Australia, and is gradually extending it -to India and Egypt. - -The ordinance provided for two stages of government. In the beginning, -all political control was entrusted to a governor and three judges, -appointed by the federal government, who exercised the supreme executive, -legislative, and judicial powers of the territory, and were answerable -solely to the President and Congress of the United States. The territory -in this first stage was a colony, whose citizens were without the powers -of self-government. - -As soon, however, as there were 5,000 free adult male inhabitants in -the territory, the second stage of government was to be set up. This -provided for a general assembly of two houses: the members of one elected -by the voters; of the other, by a procedure in which both the voters -and the national government shared. To resort again to the analogy of -the minor child, we may compare the territory in this second stage with -a boy of fourteen or fifteen, old enough to govern himself in ordinary -matters, but still in need of parental guidance and control whenever more -important problems arise. This state of partial self-government was to -be terminated whenever the population of any of the future states (for -which Article 5 of the compact made provision) should equal 60,000 free -inhabitants. At such time the people might frame a state constitution and -government, and be admitted to the Union “on an equal footing with the -original states in all respects whatever.” The child had now become a -man, invested with all the privileges and responsibilities of manhood’s -estate. - -Turning to the articles of the compact, Article 5 provides that not -less than three, nor more than five, states should be formed from the -entire territory, and the north-south boundaries of the three were -fixed at approximately the present Ohio-Indiana and Indiana-Illinois -lines, extended northward to Canada. If Congress should later see fit -to do so, however, it might organize either one or two states in that -portion of the territory lying north of an east and west line through -the southern extreme of Lake Michigan. Congress eventually organized two -northern states, but the provision concerning their southern boundary was -ignored, and Ohio, Indiana, and Illinois all gained important accessions -of territory north of the “Ordinance line,” at the expense, of course, -of the two northern states. Although there was much opposition in -Michigan and Wisconsin to these changes, in the end the will of Congress -prevailed, and the compact of the ordinance with respect to boundaries -was disregarded. - -Thus, the five great commonwealths of the Old Northwest owe their -existence, and the approximate location of their boundaries, to the -Ordinance of 1787. All were governed as territories on the plan -prescribed by the ordinance before their admission to statehood. The -territorial period for each was marked by political discord, and numerous -complaints were made against the officials the President placed over the -territories. Many of these complaints were well-founded, but one would -hesitate to affirm that any other form of government could have been -devised to operate better. The inhabitants always had the consolation of -knowing that their period of political dependence was but temporary, and -that as soon as they should have the necessary population they would be -invested with the powers and responsibilities of statehood. - -We must now note briefly certain matters which are closely associated -with the story of the Ordinance of 1787. - -The corner-stone of our civilization is the institution of private -property. Before the Northwest could be settled, the government had to -provide for the division of the land into suitable tracts, and its sale -to settlers. In 1785 the ordinance creating our national land-survey -system was passed, and not long thereafter the first survey of federal -lands, that of the Seven Ranges in southeastern Ohio, was begun. - -Beginning in 1790, the government waged a five-year war in Ohio and -Indiana, resulting in the overthrow of the Indian Confederacy. In 1796 -the British government withdrew its garrisons, and its _de facto_ -government, which had continued until then in all the northern two-thirds -of the Old Northwest, ceased to exist. In 1812 the region was reconquered -by the British, but their rule this time lasted only a year, when it was -ended for all time by the gun-fire of Commodore Perry’s cannon in the -battle of Lake Erie. Meanwhile, by a long series of treaties with the -Indians, beginning with Anthony Wayne’s Treaty of Greenville in 1795, the -red man’s title to the country was quieted. Government surveyors swarmed -over the land, preparing it for purchase and occupancy by the oncoming -tide of white settlers. Just sixty years after the appearance on the Ohio -of the little band of Yankees who founded Marietta, Wisconsin, youngest -of the five commonwealths of the Old Northwest, was admitted to the Union -of States. The red race had given place to the white; civilization had -succeeded barbarism; the wilderness had been transformed into cultivated -fields and thriving cities and towns. - -Certain of the articles of compact between the old states and the new -demonstrate the advanced thought of the men who framed the ordinance. The -first article guarantees forever complete freedom of religious belief -and worship. Probably most Americans accept this precious privilege as -they do the air they breathe, without giving any particular thought to -its value or how it came to them. Yet even today, in many parts of the -civilized world, freedom of religious belief and worship is conspicuously -lacking. - -In other important respects, too, the framers of the ordinance were -far in advance of their age—in advance, even, of that more famous body -of legislators who framed our national constitution. Included in the -articles of compact is a provision guaranteeing the sanctity of private -contracts—the first appearance of such a guarantee in any charter of -government. This was copied into the United States Constitution, where -it became the basis of the vast development of private corporations with -which we are today familiar. In 1819 the Supreme Court, in the famous -Dartmouth College Case, carried this guarantee to its logical conclusion -by ruling that a charter or franchise is a contract, which, once granted -by a state legislature or other governing body, cannot be withdrawn. - -Of tremendous portent to our social system of today was the abolition -of the age-old law of primogeniture, the concept that the eldest son -alone should inherit the real estate of his parents. Thomas Jefferson -had long contended in the Virginia legislature for the adoption of this -reform, but it remained for the Ordinance of 1787 to make the first legal -provision whereby children should share equally the estates of their -parents. - -Another provision, well in advance of the age, affords perhaps the -most notable sentence in the entire document: “Religion, morality, -and knowledge, being necessary to good government and the happiness -of mankind, schools and the means of education shall forever be -encouraged.” In 1787 “schools and the means of education” found very -little encouragement over most of the face of the globe. Today, America -is dedicated to the ideal of universal education, and nowhere is more -liberal encouragement extended to education than in the five states of -the Old Northwest. - -In its original contract with the Ohio Company, Congress agreed to give -two townships of land for “the uses of a university.” In 1795, with -the ink scarcely dry on General Wayne’s treaty with the red men at -Greenville, the “college townships” were located and surveyed. In 1802 -the legislature of the Northwest Territory passed an act establishing -a university in the village of Athens—the first legislative act passed -west of the Alleghany Mountains, for the advancement of higher education. -Today, each of the five states not only maintains at public expense a -great state university, but the pattern set in 1787 has resulted in a -nationwide system of colleges and universities aided by grants of public -lands. The principle, here originated, of devoting fixed portions of the -public lands to the support of schools and education has produced the -broadest plan of universal education in the world, providing thereby the -most essential aid to the existence of democratic self-government. - -In still another respect the ordinance expressed a noble ideal, which, -unfortunately, was destined not to be realized. At a time when the -Indians of the Old Northwest were determined to prevent the Americans -from ever entering the country, the ordinance held out to them the -doctrine of the Golden Rule; they should ever be treated with the utmost -good faith, their rights and liberties should be respected, and “laws -founded in justice and humanity” should be enacted for preserving peace -and friendship with them. If such an ideal could be generally realized -between nations today, it would free a war-oppressed world from the -greatest menace which threatens the continued existence of civilized -society. - -Another article in the compact proclaimed navigable waters leading into -the Mississippi and the St. Lawrence to be common highways, “forever -free” to the people of the United States. It is this guarantee which -permits the humblest citizen of our country to use and enjoy the rivers -and lakes of the Old Northwest for purposes of recreation and travel—a -freedom which, but for this guarantee, would frequently be denied him by -individual and corporate owners of real estate. - -One final provision demands our attention. In 1787 the institution of -human slavery existed in all but one of the states of the Union. But many -humane and far-sighted men recognized its evils, and one in particular, -Thomas Jefferson of Virginia, was unwearied in his efforts to abate it. -Although Jefferson was not the author of the Ordinance of 1787, it was -largely because of his influence that its final article dedicated the Old -Northwest—then, of course, the _new_ Northwest—to freedom. “There shall -be neither slavery nor involuntary servitude in the said territory ...” -the article begins, continuing with certain provisos respecting criminals -and fugitives from justice. Several decades were to pass before the soil -of the Old Northwest endured its last pollution from the footprints of a -slave, but the prohibition proved an effective ban against the widespread -expansion of slavery over the territory, and eventually exterminated it -here completely. In doing so, the ordinance prepared the way for its -ultimate extermination in the nation; for when civil war came and North -and South faced each other on the field of battle during four awful -years, it was the exuberant might of the free Northwest which decided the -issue in favor of permanent Union and human freedom. - -In 1787 the United States was a feeble confederacy of less than three -million souls, almost all of whom dwelt within two hundred miles of the -Atlantic seaboard. Today it stretches from sea to sea with a population -of nearly 130,000,000. The thirteen original states have increased to -forty-eight great and harmonious commonwealths. In the five states of -the Old Northwest dwell 26,000,000 people. Mere numbers do not mean -everything, however, else China and India would be the world’s foremost -nations. The Old Northwest is today the political and industrial heart -of the nation and, although the territory comprises but one-twelfth of -the land area, one-fifth of the nation’s population lives within its -boundaries. - -The time that has elapsed since 1787 may be spanned by the lives of two -elderly men, yet the changes which have been wrought in the Old Northwest -since the first feeble American beginnings at Marietta would have -staggered the imagination of any man then alive. Here began the political -expansion of the United States; here the principles which made possible -the development of the nation we know today were first concretely -applied. Such is the historical significance of the Ordinance of 1787. - -[Illustration: FREE SCHOOLS, FREE CHURCHES, FREE SOIL, FREE MEN - -_Drawn by Mary Brent Davis, Coshocton, Ohio_] - - - - -CONDENSED BIBLIOGRAPHY OF WORKS ON THE ORDINANCE OF 1787 AND THE HISTORY -OF THE NORTHWEST TERRITORY - -Compiled by GEORGE J. BLAZIER _Historian to the Commission_ - - -This bibliography comprises general works relating to the Northwest -Territory. To students desiring a more complete reference list, an -extended bibliography prepared by the Commission will be sent without -charge upon request. For additional works on the subject, and for single -and local phases thereof, the reader is also directed to the best -bibliographical works as follows: - - Bradford, Thomas L.; and Henkels, Stanislaus V. Bibliographer’s - manual of American history. Philadelphia, Henkels & Co., 1907-10. - 5v. - - Channing, Edward; Hart, Albert B.; and Turner, Frederick J. Guide - to the study and reading of American history. Rev. and augm. ed. - Boston, Ginn & Co., 1912. 650p. - - Griffin, Grace G. Writings on American history, 1906-date. - New York, Macmillan Co.; Washington, Govt. print. off.; etc., - 1908-date. v.13-date published as Supplement to the Annual Report - of the American Historical Assn., 1918-. - - Larned, Josephus H., ed. Literature of American history, a - bibliographical guide. Boston, A. L. A. pub. board, 1902. - 596p. Supplement for 1900 and 1901, ed. by P. P. Wells. 37p. - Supplements for 1902, 1903 appeared in series: Annotated titles - of books on English and American history. Boston, A. L. A. pub. - board. Supplement for 1904. Boston, A. L. A. pub. board. - - McLaughlin, Andrew C.; Slade, William A.; and Lewis, Ernest D. - Writings on American history, 1903. Washington, Carnegie Inst., - 1905. 172p. - - Richardson, Ernest C.; and Morse, Anson E. Writings on American - history, 1902. Princeton, N. J., Univ. library, 1904. 294p. Same, - 1903. Washington, Carnegie Inst., 1905. 172p. - -_The reader is directed especially to the publications of the following -historical societies whose publications are not specifically listed here:_ - - American Historical Association. - Mississippi Valley Historical Association. - Ohio Valley Historical Association. - Illinois Catholic Historical Society. - Illinois State Historical Society. - Indiana Historical Society. - Michigan Pioneer and Historical Society. - Minnesota Historical Society. - Historical and Philosophical Society of Ohio. - Ohio State Archaeological and Historical Society. - Western Reserve Historical Society. - State Historical Society of Wisconsin. - -_For information on manuscript collections, address the secretaries of -the historical societies listed above._ - - -ABRIDGED BIBLIOGRAPHY - - Adams, Henry. History of the United States of America. New York, - C. Scribner’s Sons, 1889-91. 9v. - - Adams, Herbert B. Maryland’s influence upon land cessions to the - United States. Baltimore, Johns Hopkins university, 1885. 102p. - (Johns Hopkins university studies in historical and political - science. 3rd ser., I) See p. 44-54. - - Adams, Randolph G. The papers of Lord George Germain; a brief - description of the Stopford-Sackville papers is now in the - William L. Clements library. Ann Arbor, William L. Clements - library, 1928. 46p. - - Alden, George H. New government west of the Alleghanies before - 1780. Madison, Wis., The university, 1879. 74p. - - Alvord, Clarence W. Centennial history of Illinois. Springfield, - Ill., Illinois Centennial commission, 1920. 2v. The Mississippi - Valley in British politics. Cleveland, Arthur H. Clark Co., 1917. - 2v. - - Andrews, Israel W. The Northwest territory. Its ordinances and - its settlement. (In Magazine of American history, Aug. 1886, v. - 16, p. 133-147.) - - Avery, Elroy M. History of the United States and its people. - Cleveland, Burrows Bros. Co., 1904-10. 7v. - - Baldwin, James. Conquest of the Old Northwest. New York; - Cincinnati, etc. American Bk. Co., 1901. 263p. - - Bancroft, George. History of the formation of the Constitution. - New York, D. Appleton & Co., 1882. 2v. History of the United - States, from the discovery of the continent. Last revision. New - York, D. Appleton & Co., 1888. 6v. - - Barce, Elmore. The Land of the Miamis; an account of the struggle - to secure possession of the Northwest from the end of the - Revolution until 1812. Fowler, Ind., Benton review shop, 1922. - 422p. - - Barrett, Jay A. Evolution of the Ordinance of 1787; with an - account of the earlier plans for the government of the Northwest - territory. New York, G. P. Putnam’s Sons, 1891. 94p. (University - of Nebraska. Depts. of history and economics. Seminary papers, - No. 1) Authorities: p. 89-94. - - Beer, George L. British Colonial policy, 1754-1765. New York, P. - Smith, 1933. 327p. - - Bodley, Temple. George Rogers Clark; his life and public service. - Boston & New York, Houghton Mifflin Co., 1926. 425p. - - Bond, Beverley W. The civilization of the Old Northwest; a study - of political, social, and economic development, 1788-1812. New - York, Macmillan Co., 1934. 543p. - - Boyd, Thomas A. Mad Anthony Wayne. New York, London, C. - Scribner’s Sons, 1929. 351p. - - Burnet, Jacob. Notes on the early settlement of the Northwest - territory. New York, D. Appleton & Co. Cincinnati, Derby, Bradley - & Co., 1847. 501p. - - Carter, Clarence E. Great Britain and the Illinois country, - 1763-1774. Washington, American Historical Assn., 1910. 223p. - - Chaddock, Robert E. Ohio before 1850; a study of the early - influence of Pennsylvania and southern populations in Ohio. Ph. - D. thesis, Columbia Univ., 1908. 155p. - - Channing, Edward. History of the United States. New York, - Macmillan Co., 1927-30. 6v. - - Coles, Edward. History of the Ordinance of 1787. Read before the - Historical society of Pennsylvania, June 9, 1856. Philadelphia, - Press of the Society, 1856. 33p. - - Cutler, William P. The Ordinance of July 13, 1787, for the - government of the territory northwest of the river Ohio. With - an appendix containing valuable historical facts. Marietta, O., - E. R. Alderman & Sons, printers (1887?) 48p. Read before the - Ohio State Archaeological and historical society, Feb. 23, 1887. - Life, journals and correspondence of Rev. Manasseh Cutler, LL.D. - By his grandchildren. Cincinnati, R. Clarke & Co., 1888. 2v. - The Ordinance of 1787, and its history, by Peter Force, v. 2, p. - 407-427. - - Dane, Nathan. Letters of Nathan Dane concerning the Ordinance of - 1787. Indianapolis, Indiana historical society, 1831. 7p. - - Darlington, William M., ed. Christopher Gist’s journals. - Pittsburgh, J. R. Weldin & Co. 1893. 296p. - - Detroit, Public Library. The Burton historical collection of the - Detroit Public Library. Detroit, 1928? 16p. - - Dillon, John B. History of the early settlement of the - Northwestern territory. Indianapolis, Ind., Sheets & Braden, - 1854. 456p. - - Doddridge, Joseph. Notes on the settlement and Indian wars of the - western parts of Virginia and Pennsylvania from 1763 to 1783. - Pittsburgh, Pa. J. S. Ritenour & W. T. Lindsey, 1912. 320p. - - Donaldson, Thomas. The public domain. Washington, Govt. print. - off., 1884. 1343p. The Ordinance of 1787: p. 146-163. - - Downes, Randolph Chandler. Frontier Ohio, 1788-1803. Columbus, - Ohio, Ohio state archaeological and historical society, 1935. - 280p. (Ohio historical collections, v. 3) Bibliography: p. - 253-268. - - Dunn, Jacob P. Indiana, a redemption from slavery. Boston and New - York, Houghton Mifflin Co., 1892. 453p. (American commonwealths, - ed. by H. E. Scudder. v. 12) See p. 177-218. - - English, William H. Conquest of the Northwest, 1778-1783; and - life of Gen. George Rogers Clark. Indianapolis, Ind., & Kansas - City, Mo., Bowen-Merrill Co., 1896. 2v. - - Farrand, Max. Development of the United States from colonies to a - world power. Boston & New York, Houghton Mifflin Co., 1918. 355p. - The legislation of Congress for the government of the organized - territories of the United States, 1789-1895. Newark, N. J. W. A. - Baker, printer, 1896. 101p. See p. 3-12. The United States. New - York, Century Co., 1920-. 3v. - - Fiske, John. Critical period of American history, 1783-1789. - Boston & New York, Houghton Mifflin Co., 1888. 368p. - - Gabriel, Ralph, ed. Pageant of America: a pictorial history of - the United States. New Haven, Yale Univ. Press, 1925-29. 15v. - - Galbreath, Charles B. The Ordinance of 1787, its origin and - authorship. (In Ohio archaeological and historical quarterly, - 1924, v. 33, p. 110-175.) - - Gannett, Henry. Boundaries of the United States and the several - states and territories. (In U. S. Geological survey. Bulletin, - 226.) - - Gilmore, William E. The Ordinance of 1787. Some investigations - as to the authorship of the famous sixth article. (In Ohio - archaeological and historical quarterly, 1905, v. 14, p. 148-157.) - In support of the assertion that Nathan Dane was the author of - the article prohibiting slavery in the Northwest Territory. - - Haight, Walter C. The binding effect of the Ordinance of 1787. - Ann Arbor, 1897. 60p. (Publications of the Michigan political - science association, vol. II, No. 8) Bibliography: p. 59-60. - - Hall, Charles S. Life and letters of Samuel Holden Parsons, chief - judge of the Northwestern Territory, 1787-1789. Binghamton, N. - Y., Otseningo Pub. Co., 1905. 601p. - - Hammell, George M. The Ordinance of 1787 and the Ohio - constitution of 1802. (In Twentieth Century magazine, Nov. 1911, - v. 5, p. 55-58.) - - Hanna, Charles A. The wilderness trail. New York & London, G. P. - Putnam’s Sons, 1911. 2v. - - Hart, Albert B., ed. The American nation: A history from original - sources by associated scholars. New York & London, Harper & - Bros., 1904-18. 28v. - - Hildreth, Samuel P. Pioneer history. Cincinnati, H. W. Derby & - Co. New York, A. S. Barnes & Co., 1848. 525p. - - Hinsdale, Burke A. The Old Northwest; the beginning of our - colonial system. Rev. ed. Boston, New York, Silver, Burdett and - Co., 1899. 430p. See chapters XV-XVI. - - Hockett, Homer C. Political and social history of the United - States. New York, Macmillan Co., 1925. 438p. - - Howard, Timothy E. Our charters. (In state bar association of - Indiana. Report, 1911, v. 15, p. 40-50.) On the Declaration of - Independence, the Ordinance and the Constitution. - - Hulbert, Archer B. Frontiers. Boston, Little, Brown & Co., - 1929. 266p. Historic highways of America. Cleveland, O., A. H. - Clark Co., 1902-05. 16v. Ohio in the time of the confederation. - Marietta, O., Marietta historical commission, 1918. 220p. Pilots - of the republic. Chicago, A. C. McClurg & Co., 1906. 368p. - Washington and the West; being George Washington’s diary of Sept. - 1784, kept during his journey into the Ohio basin. New York, The - Century Co., 1905. 217p. - - Ingraham, Charles A. The Northwest territory and the Ordinance of - 1787. (In Americans, Jan. 1918, v. 12, p. 104-113.) The George - Rogers Clark papers, 1771. Springfield, Ill., Trustees of the - Illinois state historical library, 1926. 572p. (Collections of - the Illinois state historical library, v. 19.) - - James, James A. The life of George Rogers Clark. Chicago, Ill., - Univ. of Chicago press, c1928. 534p. - - Jefferson, Thomas. Writings. Washington, Taylor & Maury, 1853-54. - 9v. - - Jesuit relations and allied documents, Reuben G. Thwaites, ed. - Cleveland, Burrows Bros. Co., 1896-1901. 73v. Abridged ed.; Edna - Kenton, ed. New York, A. & C. Boni, 1925. 527p. - - King, Rufus. The life and correspondence of Rufus King; - comprising his letters, private and official, his public - documents, and his speeches. Ed. by his grandson, Charles R. - King. New York, G. P. Putnam’s Sons, 1894-1900. 6v. See Vol. I, - Chaps. II, V, VIII and XV. Ohio; first fruits of the Ordinance - of 1787. Boston and New York, Houghton Mifflin Co., 1896. 427p. - (American commonwealth, v. 13) Loring, G. B. Remarks on Dr. - Poole’s address. (In American historical association. Papers, - 1888-89, v. 3, p. 300-308.) - - Luce, Cyrus G. The Ordinance of 1787. (In Pioneer and historical - society of Michigan. Historical collections, 1887, 2d ed., v. II, - p. 140-144.) - - McCarty, Dwight G. The Territorial governors of the Old - Northwest. Iowa City, Ia., State historical society of Iowa, - 1910. 210p. - - MacKibbin, Stuart. The authority of the Ordinance of 1787. (In - State bar association of Indiana. Report, 1916, p. 115-142.) - - McMaster, John B. History of the people of the United States. New - York & London, D. Appleton & Co., 1927-29. 8v. - - Mathews, Lois K. Expansion of New England. Boston, Houghton - Mifflin Co., 1909. 303p. - - Merriam, John M. The legislative history of the Ordinance of - 1787. (In American antiquarian society. Proceedings, 1888, n. s. - v. 5, p. 303-347.) - - Minnigerode, Meade. Black Forest. An historical movie of the - Ordinance of 1787 and the westward start of America. Farrar & - Rinehart. Ready Oct. 1937. - - Moore, Charles. The Northwest under three flags, 1635-1796. New - York & London, Harper & Bros., 1900. 401p. - - Nevins, Allen. American States during and after the Revolution, - 1775-1789. New York, Macmillan Co., 1924. 728p. - - Ogg, F. A. Old Northwest: a chronicle of the Ohio Valley and - beyond. New Haven, Yale Univ. press, 1921. 220p. (Chronicles of - America series, v. 19.) - - Ohio. Laws, statutes, etc. The statutes of Ohio and of the - Northwestern territory, adopted or enacted from 1788 to 1835 - inclusive: together with the Ordinance of 1787; numerous - references and notes and copious indexes, ed. by Salmon P. Chase. - Cincinnati, Corey & Fairbank, 1833-1835. 3v. - - Parkman, Francis. France and England in North America. Boston, - Little, Brown & Co., 1910. 13v. - - Patterson, Isaac F., comp. The constitutions of Ohio. Cleveland, - O., Arthur H. Clark Co., 1912. 358p. - - Paxson, Frederick L. History of the American frontier, 1763-1893. - Boston & New York, Houghton Mifflin Co., 1924. 598p. - - Pershing, Benjamin H. Winthrop Sargeant, 1753-1820. (In Ohio - archaeological and historical quarterly, v. 35, Oct., 1926. p. - 583-602.) - - Pickering, Octavius; Upham, Charles W. Life of Timothy Pickering. - Boston, Little, Brown & Co., 1867-73. 4v. - - Pierce, James O. Some legacies of the Ordinance of 1787. (In - Minnesota historical society. Collections. St. Paul, 1901. v. 9, - p. 509-518.) - - Poole, William F. The early Northwest; an address before the - American historical association, Dec. 26, 1888. New York, - The Knickerbocker press, 1889. 26p. (In American historical - association. Papers, 1888-89, v. 3, p. 277-300.) Ordinance of - 1787, p. 287-294. The Ordinance of 1787, and Dr. Manasseh Cutler - was an agent in its formation. Cambridge, Mass., Welch, Bigelow - and Co., 1876. 38p. (In North American review, April 1876.) The - Ordinance of 1787. A reply. Ann Arbor, Mich., Priv. print., 1892. - 15p. (In The Inlander, Jan. 1892.) A reply to an article by Henry - A. Chaney in The Inlander for Nov. 1891. - - Powell, John W. Physiographic regions of United States. New York; - Chicago, etc., American Bk. Co., 1895. (National geographic - monographs, v. 1, no. 3.) - - Priestly, Herbert L. Coming of the white man, 1492-1846. New - York, Macmillan Co., 1929. 411p. (History of American life. v. 1.) - - Roberts, Kenneth. Northwest Passage, an historical movie of the - Northwest during and after the French and Indian War. New York, - Doubleday & Doran, 1937. - - Roosevelt, Theodore. Winning of the West; an account of the - exploration and settlement of our country from the Alleghanies to - the Pacific. New Library ed. New York & London, G. P. Putnam’s - Sons, 1920. 6v. in 3. - - Royce, Charles G. comp. Indian land cession in the United States. - (In U. S. Bureau of American ethnology. 18th annual report, - 1896-97. Washington 1899. Pt. 2, p. 521-997.) - - Sato, Shosuke. History of the land question in the United - States. Baltimore, Publication agency of the Johns Hopkins - University press, 1886. 181p. (Johns Hopkins University studies - in historical and political science, 4th ser., no. VII-IX) See p. - 68-120. - - Semple, Ellen C. American history and its geographic conditions. - Boston; New York, Houghton Mifflin Co., 1903. 466p. - - Smith, William H., ed. The St. Clair papers. Cincinnati, R. - Clarke & Co., 1882. 2v. - - Smucker, Isaac. Brief history of the territory northwest of the - river Ohio. (In Ohio. Secretary of State. Annual report, 1876. p. - 9-34.) - - Speed, Thomas. Wilderness Road, a description of the routes of - travel by which the pioneers and early settlers came to Kentucky. - Louisville, Ky., J. P. Morton & Co., 1886. 75p. - - Stone, Frederick D. The Ordinance of 1787. Philadelphia, 1889. - 34p. Reprinted from the Pennsylvania magazine of history and - biography, concerning the part taken by Manasseh Cutler in - securing the adoption of the Ordinance. - - Swayne, Wager. The Ordinance of 1787 and the War of 1861. New - York, Printed by C. M. Burgoyne, 1892. 90p. - - Thwaites, Reuben G. Father Marquette. New York, D. Appleton & - Co., 1902. 244p. Early western travels, 1748-1846; a series of - annotated reprints. Cleveland, O., A. H. Clark Co., 1904-07. - 32v. Important Western papers. (In Wisconsin, State Historical - society, Collections, 1888, v. 11, p. 25-63.) Includes the - Ordinance of 1787. Kellogg, Louise P. Documentary history of - Dunmore’s war. Madison, Wisconsin historical society, 1905. 472p. - The Revolution on the upper Ohio, 1775-77. Madison, Wisconsin - historical society, 1908. 275p. - - Treat, Payson J. The national land system, 1785-1820. New York, - E. B. Treat & Co., 1910. 426p. - - Turner, Frederick J. Frontier in American history. New York, H. - Holt & Co., 1920. 375p. - - U. S. Constitution. The United States Constitution annotated, - with references to Corpus juris-Cyc system; also the text of the - Declaration of Independence, the Articles of confederation, and - the Ordinance of 1787. Brooklyn, N. Y., The American Law Book - Co., 1924. 280p. - - U. S. Continental Congress. Journals of the Continental Congress, - 1774-1789. Washington, Govt. print. off., 1904-36. 33v. The - Ordinance of 1787. An ordinance for the government of the - territory of the United States northwest of the river Ohio. - Boston, Directors of the Old South work, 1896. 11p. (Old South - leaflets. General series, v. 1, no. 13.) - - U. S. Dept. of State. Territorial papers of the United States; - Clarence E. Carter, comp. Washington, Govt. print. off., 1934-36, - Northwest territory; v. 2-3. - - U. S. Northwest Territory. Journal of the convention of the - territory of the United States northwest of the Ohio—1802. - Indianapolis, Bobbs-Merrill Co., 1933. 46p. - - Van Tyne, Claude H. Causes of the War of Independence. Boston & - New York, Houghton Mifflin Co., 1922. 499p. - - Volwiler, Albert T. George Croghan and the westward movement, - 1741-1782. Cleveland, Arthur H. Clark Co., 1926. 370p. - - Wilson, Woodrow. History of the American people. New York & - London, Harper & Bros., c1918. 10v. - - Winsor, Justin. Cartier to Frontenac. Boston & New York, Houghton - Mifflin Co., 1894. 379p. The Mississippi basin. Boston & New - York, Houghton Mifflin Co., 1898. 484p. Ordinance of 1787. (In - his narrative and critical history of America, v. 7. Boston, - 1888. p. 537-539.) Authorship and references. - - -JUVENILE BIBLIOGRAPHY - -The following list of books is selected particularly for younger readers. - -The Commission is indebted to Mrs. Katherine Van Fossen, of Columbus, -Ohio, and to the Juvenile Departments of the Cincinnati and Cleveland -Public Libraries for help in its compilation and checking. - -GENERAL - - Baldwin, James Conquest of the Old Northwest, 1901. - Baldwin, James Discovery of the Old Northwest, 1901. - Ferris, Jacob States and Territories of the Great West, - 1856. - Grinnell, G. B. Trails of the Pathfinders, 1911. - Hall, James Romance of Western History, 1857. - McKnight, Charles Our Western Border, 1883. - Moore, Charles The Northwest Under Three Flags, 1900. - -OHIO - - Black, Alexander Story of Ohio, 1888. - Chaddock, R. E. Ohio Before 1850. - Crow, G. H. & Smith, C. P. My State—Ohio, 1936. - Downes, R. C. Frontier Ohio, 1788-1803, 1934. - Everson, Florence M. & - Power, E. L. Early Days in Ohio, 1928. - Howells, W. D. Stories of Ohio, 1897. - McSpadden, J. W. Ohio; a Romantic Story for Young People, - 1926. - Palmer, Frederick Clark of the Ohio, 1929. - Randall, E. O. & Ryan, D. J. History of Ohio, 1912. 5v. - Roseboom, E. H. & - Weisenburger, F. P. History of Ohio, 1934. - Winter, N. O. A History of Northwest Ohio, 1917. - -INDIANA - - Bowlus, R. J. Log Cabin Days in Indiana, 1923. - Cockrum, W. M. Pioneer History of Indiana, 1907. - Duncan, R. B. Old Settlers, 1894. - Dunn, J. P. Indiana and Indians, 1919. - Esarey, Logan History of Indiana, 1879. - Fisher, R. S. Indiana, 1885. - Hall, B. R. New Purchase, 1916. - Hendricks, T. A. A Popular History of Indiana, 1891. - Hodgin, C. W. Short Sketch of the History of Indiana, - 1911. - Lindley, Harlow Indiana as Seen by Early Travelers, 1916. - Levering, Julia H. Historic Indiana, 1909. - McSpadden, J. W. Indiana; a Romantic Story for Young - People, 1926. - Nicholson, Meredith The Hoosiers, 1915. - Roll, Charles Indiana, One Hundred and Fifty Years of - American Development, 1931. 5v. - Smith, W. H. History of Indiana, 1897. - Thompson, Maurice Stories of Indiana, 1898. - -ILLINOIS - - Alvord, C. W. Centennial History of Illinois, - 1917-1920. 5v. - Blanchard, Rufus History of Illinois, 1883. - Brown, Henry History of Illinois, 1844. - Conger, J. L. & Hull, W. E. History of the Illinois River Valley, - 1932. - Davidson, A. & Stuve, B. Complete History of Illinois, 1673-1873, - 1874. - McSpadden, J. W. Illinois; a Romantic Story for Young - People, 1926. - Nida, W. L. Story of Illinois and Its People, 1921. - Parrish, Randall Historic Illinois, 1905. - Pease, T. C. Story of Illinois, 1925. - Quaife, M. M. Chicago and the Old Northwest, 1673-1835, - 1913. - Smith, G. W. Student’s History of Illinois, 1921. - -MICHIGAN - - Cook, Webster Michigan: History and Government, 1905. - Cooley, T. M. Michigan: A History of Governments, 1905. - Fuller, G. N. Historic Michigan, 1924. - Lanham, J. H. History of Michigan, 1839. - McSpadden, J. W. Michigan; a Romantic Story for Young - People, 1927. - Tuttle, C. R. History of Michigan, 1874. - -WISCONSIN - - Doudna, E. G. Our Wisconsin, 1920. - Fitzpatrick, E. A. Wisconsin, 1928. - Quaife, M. M. Wisconsin, Its History, and Its People, - 1634-1924, 1924. 4v. - Skinner, H. M. Story of Wisconsin, 1913. - Strong, M. M. History of Wisconsin Territory, 1885. 2v. - Thwaites, R. G. Wisconsin in Three Centuries, 1905. - -MINNESOTA - - Buck, S. J. & E. Stories of Early Minnesota, 1925. - Forster, G. F. Stories of Minnesota, 1903. - Folwell, W. W. Minnesota, The North Star State, 1908. - McSpadden, J. W. Minnesota; a Romantic Story for Young - People, 1928. - Neill, E. D. History of Minnesota, 1882. - Parsons, E. D. Story of Minnesota, 1916. - - - - -ANNOUNCING THE NORTHWEST TERRITORY CELEBRATION SCHOOL CONTESTS - -Beginning October 15, 1937, and closing on February 15, 1938, the -following contests will be held for all college and school students in -Northwest Territory. - -The contests follow: - - -CONTEST No. 1—for Grade School Students—4 Divisions. - -The pupils in public, private and parochial schools, up to and including -the 8th grade may enter. Grades 1, 2, 3, 4 will compete through art -classes. Grades 5, 6, 7, 8 through essays. - -The following classifications are made for purposes of even competition: - - -Division I—for Grades 1 and 2. - -Each child entering is to submit two drawings or art projects, dealing -with each of the following subjects: - -(A) The American Bill of Rights—Free Speech—Religious Tolerance—Free -Education, etc. - -(B) Willingness to undergo suffering and hardships to accomplish one’s -purpose (such as the trek of the pioneers across the mountains in the -dead of winter, etc.) - -Drawings are to be 9 x 12 in size, and award will be made for idea -conceived as well as execution. - - -Division II—for Grades 3 and 4. - -Competition will be on same basis as is outlined for Division I—that is, -based upon drawings or art projects, and same conditions. - - -Division III—for Grades 5 and 6. - -Competition will be based upon an essay of not less than 600 or more than -1000 words. The subject shall be: “The Ordinance of 1787 and what it -means to the United States and me today.” - -All essays shall be submitted on white paper 8½ x 11 sheets, written -legibly on one side only. All sheets to be neatly fastened at the top. - - -Division IV—for Grades 7 and 8. - -Competition also on essays, of not less than 1000 nor more than 1500 -words. Essays are to be submitted as above under Division III. - - -CONTEST No. 2—for High School Students. - -Students of public, private and parochial schools may enter. - -There shall be two divisions of the contest for high school students. - - -Division I—for Students of the 9th and 10th Grades. - -Competition shall be based upon essays of not less than 1500 nor more -than 2000 words. Subject of essays to be your choice of the two following: - -“Advent of the principles of the ‘rights of men’ into government and -effect of their expression in the Ordinance of 1787 upon our nation -today.” - -“The development of public lands and colonial policies in America and our -debt to the Ordinance of 1787.” - - -Division II—for Students of the 11th and 12th Grades - -of public, private and parochial schools. - -Competition to be based upon essays of not less than 1800 nor more than -2500 words. Subjects same as in Division I of Contest No. 2. - - -CONTEST No. 3—for College Students. - -Open to all regularly entered undergraduates in the colleges and -universities of Northwest Territory. - -There will be but one division in this contest. Freshman to seniors -compete in the same class. Competition will be based upon essays of 2500 -to 3000 words. The subject chosen is optional with the entrant, but must -relate to the Ordinance of 1787 and establishment of Northwest Territory. - -Any angle or phase of that history; or combination of phases may be -treated. Specialized theses, particularly premises and original research -(while not necessary) are encouraged. - - -GENERAL CONTEST RULES - -for all divisions of Contest - -No. 1. These contests will begin October 15, 1937, and close February -15, 1938. Begin now on your reading and study. On or before February 15, -1938, submit your drawings or essay (as provided for your division) to -your teacher or professor. - -Read and follow the rules below very carefully. - -No. 2. At the top right-hand corner of the front page put the _grade_ you -are in. Do not put your name on the essay where it can be read. - -The student shall put his or her name, age, grade, teacher, name of -school, with home street address, city and state, into an envelope; seal -the envelope and paste it firmly to the back of his or her essay or -drawing, as the case may be. - -No. 3. All essays must be legibly and neatly written or typed, and on the -last page show the number of words contained (in the case of essays) and -the contest number and division for which entry is made. - -No. 4. You may if you wish, and the Commission will appreciate it if -you do, append a list of the books you have read and the adults you -have talked to about Northwest Territory history in preparation for -your essay. This list is not _required_, and if submitted, is to be in -_addition_ to your essay. - -No. 5. The preparation of your drawing or essay must be your own work. -Read all you will, discuss the subject with others, but prepare your own -submission. Right is reserved for the judges to refuse consideration to -any entry which shows sufficient evidence of not being prepared by the -student. When any sentence or other quotation from other source is made, -be sure to use quotation marks around the quotation and to “indent” the -lines quoted at least one inch from left margin of your own copy. - -No. 6. Illustrations may be used in essays if desired but will not -replace words. They may be either hand drawn or pasted-in illustrations -clipped from other sources. - -No. 7. Submit your essay or drawings (as the case may be) to your -teacher by February 15, 1938. Announcement of awards will be made as -soon as possible, probably before June 15th, by the Northwest Territory -Celebration Commission. - -No. 8. The recommendations of the judges will be final and entries -submitted become the property of the Commission, with full rights of -publication. The Commission assumes no responsibility for acts of the -judges or miscarriage of mails, etc. - - -PRIZES - - -For Contest No. 1—Divisions I, II, III, IV. - -That is for all grade students. - -The winning entrant in each division of the contest, from each state of -Northwest Territory, will receive a trip to Washington, D. C. and other -points of interest along the route, under the following conditions: - -A. The trip will be made by railroad train, with air-cooled Pullman from -Chicago and return. - -B. Special chaperons will be provided from each state to accompany the -four children from that state. The chaperon will be the teacher in grades -1 to 8 inclusive, whose room turns in the highest percentage of entrants -as related to scholars, in that particular state. In case of ties the -chaperon will be chosen by lot or agreement. - -C. All meals, berths, rail fare, sight seeing buses and proper expenses -of both winning students and chaperons will be paid by the Commission. - -D. Three full days in Washington, Mount Vernon, Arlington, and all the -sights of the Nation’s Capital. - -E. The chaperons will take charge of the four winners from each state at -the state capital. The Commission will pay the rail fare of each winner -from his or her home to the state capital. Also the rail fare necessary -for one parent of each winner to take the winner to and from the state -capital where the chaperons take charge. - -F. An engraved certificate of achievement will be given each child by -a high officer of the United States Government while the party is in -Washington. - -G. There will be four winners from each state, or twenty-four from the -territory, with six chaperons. - - -For Contest No. 2—Divisions I and II. - -That is for all high school students. - -The cash prizes offered in this contest are territory-wide. The -scholarship prizes will be awarded within the states where the -cooperating colleges are located. - - -Division I—9th and 10th Grades - - 1st cash prize to boy $125.00 1st cash prize to girl $125.00 - 2nd “ “ “ “ 75.00 2nd “ “ “ “ 75.00 - 3rd “ “ “ “ 37.50 3rd “ “ “ “ 37.50 - 4th “ “ “ “ 25.00 4th “ “ “ “ 25.00 - 5th “ “ “ “ 12.50 5th “ “ “ “ 12.50 - - Ten cash prizes $550.00 total - - -Division II—11th and 12th Grades. - - 1st cash prize to boy $125.00 1st cash prize to girl $125.00 - 2nd “ “ “ “ 75.00 2nd “ “ “ “ 75.00 - 3rd “ “ “ “ 37.50 3rd “ “ “ “ 37.50 - 4th “ “ “ “ 25.00 4th “ “ “ “ 25.00 - 5th “ “ “ “ 12.50 5th “ “ “ “ 12.50 - - Ten cash prizes $550.00 total - -Besides this, the following universities and colleges have offered -scholarships amounting to $15,000 in value. These will be distributed -first to winners in each state. If certain winners prefer a scholarship -at a school listed but outside their own state, this will be available -only if the scholarship has not been claimed by a winning contestant from -the state where the college is located; and provided the entrant from -another state is acceptable to the college. - -Some of the scholarships offered are subject to prescribed high school -standings and entrance requirements. These will be explained to the -winning competitors. Most of the scholarships can be deferred if you -are only a freshman, sophomore, or junior in high school, and will be -available when you graduate. - -INDIANA - - Earlham College, Richmond, Ind. Co-ed - 1 scholarship—$100.00 a year, subject to entrance - requirements. - - Hanover College, Hanover, Ind. Co-ed - 1 scholarship—$100.00 - - Huntington College, Huntington, Ind. Co-ed - 1 scholarship—$150.00 - - Indiana Central College, Indianapolis, Ind. Co-ed - 1 scholarship—$100.00—freshman year, B average or better. - - Purdue University, Lafayette, Ind. Co-ed - 4 four-year scholarships—freshman to senior. - - St. Marys College, Notre Dame, Ind. Girl - 1 scholarship—$250.00 - - St. Marys of the Woods College, St. Marys of the Woods, Ind. Girl - 1 scholarship—$250.00 a year and renewable for 3 remaining - years for students with A record and satisfactory - character. - - Rose Polytechnic Institute, Terre Haute, Ind. Boy - 1 four-year scholarship—$200.00 a year. - - Valparaiso University, Valparaiso, Ind. Co-ed - 2 scholarships—full tuition for 1 year, subject to - entrance requirements. - -ILLINOIS - - Carthage College, Carthage, Ill. Co-ed - 1 scholarship—4 years, $100.00 a year. - - College of St. Francis, Joliet, Ill. Girl - 1 scholarship—$150.00 a year, renewable if student’s work - is satisfactory. - - Elmhurst College, Elmhurst, Ill. Co-ed - 1 four-year scholarship, subject to selective requirements - for renewal. - - Lake Forest College, Lake Forest, Ill. Co-ed - 1 scholarship—$275.00—1 year, subject to entrance - requirements. - - McKendree College, Lebanon, Ill. Co-ed - 1 scholarship—$50.00 a semester for 1 year, extension of - 3 years at $25.00 a semester for satisfactory record. - - Monmouth College, Monmouth, Ill. Co-ed - 1 scholarship—$100.00, extended for at least two years. - - Rockford College, Rockford, Ill. Girl - 1 scholarship—$250.00—a girl with satisfactory entrance - requirements—in upper third of her high school class. - -MICHIGAN - - Alma College, Alma, Mich. Co-ed - 1 scholarship—1 year, $100.00 - - Battle Creek College, Battle Creek, Mich. Co-ed - 1 scholarship, 1 year—$100.00, subject to ability of - student. - - Kalamazoo College, Kalamazoo, Mich. Co-ed - 1 scholarship—$100.00 per year toward degree. - - University of Detroit, Detroit, Mich. Co-ed - 1 scholarship, 1 year—$200.00, subject to entrance - requirements. - -MINNESOTA - - Augsberg Theological Seminary & College, Minneapolis, Minn. Co-ed - Scholarship to high school student who might take first - place in contest. - - College of St. Benedict, St. Joseph, Minn. Girl - Complete tuition for one year. - - College of St. Catherine, St. Paul, Minn. Girl - 1 scholarship, 1 year—$150.00, renewable on B average - or better. - - Hamline University, St. Paul, Minn. Co-ed - $75.00—payable second semester. - - Macalester College, St. Paul, Minn. Co-ed - $75.00—one semester. - -OHIO - - Ashland College, Ashland, Ohio Co-ed - 1 scholarship, 1st year—$100.00, each year after, $80.00, - subject to achievement. - - Baldwin-Wallace College, Berea, Ohio Co-ed - 1 four-year scholarship—$100.00 a year, B average or - better. - - Bluffton College, Bluffton, Ohio Co-ed - $100.00 to be distributed over a period of two years. - - Cedarville College, Cedarville, Ohio Co-ed - 1 four-year scholarship—$50.00 a year. - - College of Wooster, Wooster, Ohio Co-ed - 1 scholarship—$110.00, subject to renewal each year on - B average for 4 years. - - Findlay College, Findlay, Ohio Co-ed - 1 scholarship for 4 years—$100.00 a year. - - Heidelberg College, Tiffin, Ohio Co-ed - 1 scholarship, 1 year. - - Hiram College, Hiram, Ohio Co-ed - 1 scholarship, 1 year—$100.00. - - Kenyon College, Gambier, Ohio Boy - 2 scholarships—$150.00, must meet entrance requirements. - - Lake Erie College, Painesville, Ohio Girl - 1 four-year scholarship—$300.00 a year. - - Marietta College, Marietta, Ohio Co-ed - 1 scholarship, $100.00 a year for two years. - - Miami University, Oxford, Ohio Co-ed - 1 scholarship, 1 year, extension beyond one year depends - upon rank of recipient. - - Mount Union College, Alliance, Ohio Co-ed - 1 scholarship, 1 year—$100.00, subject to entrance - requirements, also entrant must reside within 50 miles - of school. - - Muskingum College, New Concord, Ohio Co-ed - 1 scholarship, 4 years—$50.00 a year. - - Ohio State University, Columbus, Ohio Co-ed - 2 two-year scholarships for high school seniors—$60.00 a - year. - - University of Dayton, Dayton, Ohio Co-ed - 1 scholarship, 1 year—$100.00. - - Western Reserve University, Cleveland, Ohio Co-ed - 1 scholarship, tuition for 1 year for boy. - 1 scholarship, tuition for 1 year for girl. Both subject - to entrance requirements. - - Wilmington College, Wilmington, Ohio Co-ed - 1 four-year scholarship—$160.00 a year. - - Xavier University, Cincinnati, Ohio Co-ed - One tuition scholarship. - -WISCONSIN - - Carroll College, Waukesha, Wisc. Co-ed - 1 scholarship, 1 year—$100.00 a year. - - Lawrence College, Appleton, Wisc. Co-ed - 2 scholarships—$100.00 each, renewal subject to entrance - requirements. - - Ripon College, Ripon, Wisc. Co-ed - 1 scholarship, 2 years—$150.00 a year. - - -Contest No. 3—College Students. - -This contest is Territory wide also. - - 1st prize to boy $300.00 1st prize to girl $300.00 - 2nd “ “ “ 200.00 2nd “ “ “ 200.00 - 3rd “ “ “ 100.00 3rd “ “ “ 100.00 - 4th “ “ “ 75.00 4th “ “ “ 75.00 - 5th “ “ “ 50.00 5th “ “ “ 50.00 - 6th “ “ “ 25.00 6th “ “ “ 25.00 - - 12 prizes $1500.00 total in cash - -Also: - - University of Chicago, Chicago, Ill. Co-ed - 1 scholarship—$300.00 for post-graduate work, to one of - first four winners in College Division. - - -METHOD OF JUDGING—FOR GRADE SCHOOL CONTEST—CONTEST No. 1 - -Each school principal will be in charge of judging the entries from that -school. The actual work can be parcelled out among the teachers under the -principal’s supervision. - -The _two best_ entries from _each division_ of this contest should be -selected and forwarded within two weeks of the close of the contest, -February 15, 1938, to either the city superintendent or the county -superintendent as the case may be. This _individual school_ judging -should be completed by March 1st, 1938. In the case of city schools the -city superintendent of schools will arrange for judging the entries -selected by school principals and will submit the one best _in each of -the four divisions_ from his city, to the State Department of Education -in his state. This city judging should be completed within two weeks or -by March 15, 1938. - -In the case of country schools, the county superintendent will provide -for the judging of the school winners in each division submitted by -principals, and will forward the _one_ best in each of the four divisions -to the State Department of Education in his state. As in the case of city -schools, this should be accomplished by March 15th, 1938. - -The State Departments of Education will judge the winners as submitted -by county and city superintendents, and notify the Northwest Territory -Celebration Commission (Federal) at Marietta, Ohio, as to the one winner -in each of the four divisions of the grade schools within that state. -This advice should reach the Commission by May 15th, and awards will be -made at once. Parochial and private schools shall follow the procedure -outlined above, submitting to city or county superintendents of public -instructions and through them to State Departments of Education, etc. -There will thus be four winners, one from each division of the contest, -within each state. - - -METHOD OF JUDGING—FOR HIGH SCHOOL CONTEST—CONTEST No. 2 - -The procedure for judging the two divisions of high school students shall -be the same as in Contest No. 1—except that the _two winners from each -division of the contest_ should be sent by county superintendents to the -State Department of Education. - -From these essays the State Department of Education shall submit the -_twenty-five_ best essays from that state to the Northwest Territory -Celebration Commission by May 15th, 1938. - -This Commission will select cash prize winners from each state of the -territory and will award scholarship prizes in accordance with population -of state and number of colleges and universities in each state which -offer scholarship prizes. - - -METHOD OF JUDGING COLLEGE ENTRIES - -Each college will appoint its own board of judges of its own entries and -the board shall choose the best entry made by a male and the best entry -made by a female student and shall submit them to the Northwest Territory -Celebration Commission (Federal), Marietta, Ohio, by May 15th, 1938. - - -GENERAL - -This division of the work of judging does not place an extreme burden on -anyone and yet is fair. - -The Commission assumes no responsibility for the failure of any of the -judges to perform their functions properly and promptly. - - - - - -End of the Project Gutenberg EBook of History of the Ordinance of 1787 and -the old Northwest Territory, by Various - -*** END OF THIS PROJECT GUTENBERG EBOOK HISTORY OF ORDINANCE OF 1787 *** - -***** This file should be named 61909-0.txt or 61909-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/6/1/9/0/61909/ - -Produced by Brian Sogard and the Online Distributed -Proofreading Team at https://www.pgdp.net - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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