Land and Liberty: The Ordinances of the 1780s
Author(s): Bernard W. Sheehan
Reviewed work(s):
Source: OAH Magazine of History, Vol. 2, No. 4, The Development of Nationalism and the
Northwest Ordinance (Fall, 1987), pp. 8-12
Published by: Organization of American Historians
Stable URL: http://www.jstor.org/stable/25162560 .
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SPECIAL
SECTION
THE
ON
Introduction
The
across
moved
the moun
the valleys,
and down
the
in
land
and a new life
were
Americans,
loyal
settlers
tains,
through
rivers,
seeking
the West.
They
and
its
of
proud
the
independence
outside
new
from
nation
Britain.
that
had won
In set
the
thirteen
original
risked
the possi
however,
they
of
their
bility
leaving
citizenship
even
of becoming
colo
behind,
perhaps
a
new
nial
of
American
subjects
empire.
tling
states,
The Northwest
Ordinance
of
1787 tied
western
to the nation.
settlers
They
about
its
shortcom
many of
complained
to be sure,
in the
but
ings,
pioneers
in
Northwest
its
basked
guar
Territory
antee
that
American
fundamental
freedoms
more
and a gradually
gov
representative
move westward.
ernment
would
Above
all,
were
secure
in the promise
that
they
their
evolve
the
territorial
government
a state
into
government
on an equal
Union
footing
enter
with
the
original
in the Northwest
The
made
movement
Ordinance
westward
encouraged
and ensured
that
would
take
pioneering
within
the political
and psycho
place
na
boundaries
of
the American
logical
As they
to the Missis
west
tion.
moved
to the Pacific
River
and
then
sippi
not
Americans
took
their
Ocean,
only
and
rifles
but
wheels,
spinning
plows,
their
also
institutions
governmental
and
their
of national
identity.
feelings
Northwest
Ordinance
contributed
sig
to the development
of nation
nificantly
on the
it
where
fed
back
alism
frontier,
east
to encompass
the Union.
The
three
follow
discuss
that
essays
the Northwest
from different
Ordinance
its
and
varied
indicate
perspectives
controversies
and
purposes,
complexi
ties.
Each
the ways
also
essay
suggests
in which
this
of
fundamental
document
1787 contributed
American
nationalism.
to the development
This
the
is
of
in
first
a
of
series
anni
the
200th
commemorating
and
of
the
Ordinance
Northwest
versary
in
The
the U.S.
second
Constitution.
will
James
this
Madison,
series,
by
articles
the Northwest
highlight
and
Ordinance
on
state
of
and
the
slavery
impact
Baxter
in
the
Maurice
third,
Indiana;
of
individual
will
consider
the origins
as
in
the
Constitution
rights
expressed
its
and the Bill
would
and
states.
commitments
The
and
Land
by James H. Madison
The
of Rights.
thirteen
the British
that
colonies
in the
Empire
splintered
1770s
clung
to a strip
of
rather
light
precariously
Atlantic
the
settled
land
between
ly
rim of
Ocean
and
the Appalachian
the
In the
aftermath
immediate
mountains.
the Revolution,
of
ap
scarcely
they
to be the
of a conti
seedlings
peared
the
territorial
nental
empire,
although
ac
been
had
of
that
empire
belongings
con
Paris
at
Peace
of
that
the
quired
cluded
the
consequence
European
a western
River,
reach
ades
War
of
for
the
powers,
border
Independence.
of
rivalries
the new nation
at
As
obtained
the
Mississippi
a good
the actual
deal
beyond
In
of
its
power.
subsequent
to extend
its
it was
jurisdiction
to the Pacific.
immediate
issue,
would
make
possible
continental
great
for
the settlement
lands
tion
of
the
a
the
But
in
the
1780s
dec
the
to which
solution
of a
the
creation
was
to
power,
provide
and
organiza
legal
west
of
the
the
Appalachians.
g Magazine
of History
NORTHWEST
The
ORDINANCE
of
Ordinances
the
by Bernard W.
THE DESIRE FOR EXPANSION
In
the
Indians
early
that
1760s,
would
at
to
and eager
fur
trade,
the
pursue
a
issued
the
profitable
king
to
proclamation
temporarily
designed
A dec
halt
the movement
of population.
eve
on
ade
of
the
the
later,
Revolution,
Act
which
the Quebec
Parliament
passed
to the
the Canadian
stretched
border
the Northwest
Ohio,
effectively
removing
a
from
of
the
the
colonies,
jurisdiction
of whom could
of
the
number
claim
part
on the basis
of
their
chart
territory
ers.
After
the collapse
of British
In the
these
claims
power,
persisted.
of Confedera
the Articles
1780s,
early
tion
could
effect
after
into
go
only
which
the broadest
and
made
Virginia,
most
the other
and
claim,
compelling
states
had yielded
ern
to the
lands
their
Confederation
title
to
west
govern
ment.
in the
Thus
1780s
the new government
some
same
faced
the
of
ques
imperial
in
tions
to be so vexing
that
had proved
to successive
the
and
1760s
'70s
British
in the Northwest
The
ministers.
lands
to be cleared
first
of na
had
territory
tive
not
inhabitants.
This
task
would
Pall
1987 9
Sheehan
be complete
19th
century.
the outset
of
in a dozen
the dispute
years
to independence,
lead
the British
gov
ernment
had confronted
the problem
of
American
restless
settlers
who wished
to move
the moun
the
into
lands
beyond
war with
tains.
of
of
the
expense
Wary
the
1780s
the
the
until
In
years
early
meantime,
frontier
the
the
of
the
per
was
to
of
pressure
lead
for
the
much grief
Indians,
to
the
war,
disintegration
ing
gradual
deal
of
and a great
of native
society,
and
for
settlers
and
gov
expense
pain
authorities.
ernmental
sistent
cause
THE SAVAGEFRONTIER
There
was
no
period
even
doubt,
of British
jurisdiction,
the
during
that
would
the Northwest
eventually
territory
be organ
and
that
it would
be settled
the
with
and associated
ized
politically
states.
and
colonies
thirteen
original
and
The questions
concerned
po
timing
had
The British
litical
organization.
sought
mainly
delay
but
they wanted
for
control,
tighter
indis
to distrust
the
frontiersmen.
American
the confederation
period
occur
that
settlement
would
to establish
had learned
they
the
of
cipline
in
Politicians
also
also
doubted
quickly.
badly.
In this they miscalculated
Like the British
they tended
to
In
the
settlers.
unruly
late
18th
who came
century,
politicians
east
the
from
the settled
of
regions
to equate
life
found
it easy
mountains
on the
exis
with
the
frontier
"savage"
of na
tence
characteristic
they
thought
as
turned
it
tive
life.
Their
solution
some
the experience
of
out,
replicated
mistrust
of
the
the
imperial
regime.
"AN EMPIRE OF LIBERTY"
The
first
effort
came
in
northwest
Thomas
Jefferson.
at
1784
This
organizing
from
the
the
pen of
Ordinance
of
1784 provided
for stages
of political
in
the
development
territory
by which
new
states
union.
of
would
become
the
part
has
often
been
claimed
that
was
more
demo
original
plan
It
Jefferson's
cratic
than
the
final
because
version,
Jefferson
to provide
failed
for
close
of
ear
the
in
its
supervision
territory
of organization.
This
absence
ly stages
over
of Confederation
terri
control
the
was noted
in the Congressional
de
tory
bates
and quickly
remedied
tion
for which
Jefferson
In sober
second
thought,
nor his
Jefferson
fellow
it
inclined
were,
seems,
to their
frontier
settlers
in the making
of political
Northwest.
In
its
final
1784 defined
form,
stages
the
in
a
himself
resolu
voted.
neither
Ordinance
of
which
terri
tories
to statehood,
should
made
pass
in the
confederation
membership
perpet
outlawed
and required
that
ual,
slavery,
state
should
be republican.
governments
was
The heart
the Ordinance
of
the pro
vision
that
the new states
should
be at
to the union
tached
status
with
the same
as
the original
thirteen.
Although
a decision
of great
plainly
significance
in
fact
the problem
solved
of empire
(it
that
to
had brought
the British
system
was
a
it
not
matter
in
of
ruin),
dispute
as
the Congress.
As early
1778
it had
as
been
the method
widely
accepted
by
the new government
which
should
expand
its
into
the west.
jurisdiction
For Jefferson,
the West
raised
deeper
and more
He was
complicated
problems.
in time
an ardent
to become
expansion
now he saw
an
but
in the west
for
ist,
to solve
one
of
the great
opportunity
questions
ence.
Virginia's
territory
convinced
cessful
limited
of
18th
sci
century
political
feared
the consequences
of
to vast
claim
stretches
of
in the West
he was
because
that
be suc
could
republics
in the confines
of a
only
not
Hence
he did
territory.
He
publics
would
in "an extended
prosper
soon
Jefferson
would
sphere"
speak
of an "Empire
of Liberty".
Initially
was
vision
somewhat
his
less
sweeping.
In the meantime
of
James
another
Monroe,
made
the
Jefferson's
allies,
political
case
fewer
and
the admission
of
for
to
states.
it
He
difficult
found
larger
believe
the West
would
that
popu
gain
and
lation
very
that
smaller
in obtaining
admission.
legislators
to leave
the
own devices
in the
order
through
he
favor
the expansion
of Virginia,
but
did
the
small
creation
of
many
support
ten
in his
least
republics
(at
original
in the West
that
would
be at
plan)
In time,
to the Confederation.
tached
re
him
James
convinced
that
Madison
larger
states
quickly
and
thus he feared
territories
the numbers
would
His
argument
won
the day.
be
necessary
for
fewer
slow
for
and
DIVIDING THE LAND
was
correct
in his
Monroe
certainly
were
not
belief
the western
lands
that
to join
Provi
the Union.
yet
prepared
to be made
the orderly
sion
had
for
sense
In
distribution
of land.
this
was
Ordinance
Jefferson's
political
of
The Land Ordinance
premature.
It established
solved
the problem.
and sale
of
for
the survey
system
ern
was
Jefferson
lands.
by this
as
in Paris
the American
minister,
1785
a
west
time
but
a
remained
his
conceptions
original
the
with
In keeping
influence.
powerful
lines
for
clean
affection
Enlightenment
out
had
laid
Jefferson
and sharp
angles,
in rec
territories
the new Western
would
The new survey
employ
tangles.
in microcosm,
the same design
transforming
the Northwest
In
the
indelibly
states.
contrast
had been settled
to
the
older
in the
of
landscape
states,
17th and
that
18th
boundaries
centuries
and whose
internal
con
to the
to conform
had been
allowed
tours
of
the
features
and natural
land,
ar
the new states
took
form on a quite
sur
The
rectilinear
pattern.
bitrary
out
mile
of
six
laid
veyors
townships
due east
boundaries
with
squares
running
and
Each
and west
south.
and north
one mile
36 sections,
contained
township
was
One section
of 640 acres.
square,
10 Magazine
of History
from
the
which
people,
that
principle
to
way
gave
should
Congress
the
retain
control
the
territorial
throughout
in favor
of
coalesced
stage,
agreement
had
states
fewer
Jefferson
than
planned.
con
of
from
retention
Far
the
seeing
to
as contrary
gressional
supervision
and
Monroe
of
the people,
the liberties
the new govern
that
his
insisted
people
be
should
the Northwest
the
political
republican
obtained
had been
that
rangements
states.
the original
thirteen
ments
ible
of
compat
ar
with
in
was
Ordi
the Northwest
result
on July
enacted
13,
by Congress
the new
months
before
1787,
just
in
was adopted
Constitution
nor
than
three
No fewer
Philadelphia.
were
more
to
be carved
states
than
five
the Ohio
out
of
the
between
territory
The
nance,
James Madison
reserved
to assign
to support
one
section
religion
was
land
continental
failed
by
to be set
soldiers.
After
the
Congress
to
were
been
that
be sold
should
an
dollar
the
surveyed,
it
Unfortunately,
raise
could
a
at
settlers
tion
lots.
education
(provision
for
the support
of
a narrow
and
vote),
to compensate
aside
had
land
Intended
and the Mississippi.
at 82.
in
few
settlers
$640 and the first
Pressed
it
found
sec
acre
ient
tors
for
After
Jefferson's
took
Monroe
formulating
remained
policy
in
and in
Jefferson
1784 not
been
implemented
government
Fall
1987
years,
Besides
would
early
spring
but
a gov
states
the original
with
whatever."
the
ing,
for
the machinery
Ordinance
contained
that
read
like
state
mak
Articles
the Bill
of
was
to the
which
attached
later
Rights
Constitution.
This
section,
probably
the work
of Nathan
Dane
of Massachusetts
in later
least
he
took
credit
years
(at
for
contained
it),
provisions
assuring
freedom
of religion,
trial
by jury,
habeas
of
and
corpus,
property
security
contract,
and public
proportional
support
of
representation,
education.
the
toured
home as something
arriving
on the
affairs
of
the
authority
tier.
Not
had
the Ordinance
only
West,
the
intervening
much
revision.
of Jefferson's
footing
respects
of Compact
with
1786 he
equal
in all
Besides
for
departure
in
the
leadership
for
He
the West.
correspondence
the
Initially
be
THE ORIGINS OF INDIVIDUAL RIGHTS
sales
THE NORTHWESTORDINANCEOF 1787
France,
to
by
governed
by Congress.
judges
appointed
were
resi
adult
males
free
the
of
the
district
territory,
was
a
to
call
bicam
authorized
governor
When
the population
eral
legislature.
the
reached
free
60,000
inhabitants,
an
Union
"on
the
could
territory
join
territory
ernor
and
When 5,000
in a
dent
for
more
cash,
disappointing.
new government
conven
to sell
to
large
parcels
specula
who would
then
subdivide
the
land
to individual
sale
purchasers.
the
was
it
of an
fron
of
had,
to
subject
abandonment
that
assumption
been
the
spontaneously
The
in
Ordinance
also
recapitulated
law
the
and
conveyance
English
governing
to many
descent
of property
that
seemed
in a document
out
observers
of place
of
These
reflected
articles
compact.
ex
Dane's
for
the
law and his
passion
that
the West
would
be settled
pectation
the
unfamiliar
with
rules
of
by people
11
common
the
law
and
deep
lacking
of Anglo-American
spirit
to
loyalties
liberty.
tory.
tives
THE ISSUE OF SLAVERY IN 1787
larger
The
Ordinance
excluded
from
slavery
the Northwest
in the
territorial
stage,
a provision
that
a
not
could
have
been
since
Jefferson
had
included
it
surprise
in his
1784
It had,
in fact,
been
plan.
in the
discussions
dropped
intervening
not
and did
in the early
drafts
appear
of
the
1787 Ordinance.
It was added
at
the
last
and
minute,
probably
by Dane,
to the Ordinance
attached
or
discussion
dissent.
Ordinance,
reference,
"free"
inhabitants
on representation,
with
Language
little
in
for
North
in
treated
1780s
that
fissure
between
was
South
to
only
beginning
seems
that
the
appear.
likely
southern
in
representatives
acquiesced
the
because
that
provision
they
expected
would
be
in
the
West
slavery
permitted
ern
soon
territories
that
would
be or
south
of
the Ohio.
In fact,
ganized
that
is precisely
what
After
happened.
came
the new Constitution
into
effect,
an ordinance
the
for
Congress
passed
to the Northwest
Southwest
identical
Ordinance
that
it permitted
except
and
reasons,
the
for
tribes.
with
justice,
though
a permanent
include
the Northwest
territory.
new
This
the
new
terri
representa
faced
Also,
they
from
the east
part
wars
of Indian
had
faded,
was
frontiersmen
unruly
sentiment
humanitarian
the native
that
be
peoples
required
not
in
new
They perceived
a broad policy
the
most
conciliating
were
for
the
where
memories
for
sympathy
and
limited,
Ordinance
policy,
and
first
did
justice
native
presence
in
enunciated
under
the
adopted
that
"utmost
Constitution,
required
to
should
be shown
faith"
good
always
the Indians.
not
Their
should
property
be taken
without
their
laws
and
consent,
should
to prevent
be passed
wrongs
being
to them and
done
to preserve
the
peace.
The statement
the
of
implied
opposition
en
the
in
and
the
frontier
population,
years
suing
the
to a homestead
in the
But
the Congressional
who made
the Ordinance
issues.
For practical
expense,
largely
need to formulate
the
to
example,
the stipulations
remained
inconsistent
with
the antislavery
article.
of
Later,
in the period
the Civil
before
course,
when
as a major
War,
slavery
erupted
was
to
it
have
issue,
great
signifi
for
it established
the precedent
cance,
that
should
have
Congress
jurisdiction
over
in
the
territories.
slavery
In
Claims
the
then
government
it
lacked
both
the capacity
to
impose
such
a
proved
that
and
the will
policy.
It
slavery.
SETTLERS VS.
In
the
INDIANS
third
of
the Compact articles
the
of
the Ordinance
authors
accosted
the most
in the
sensitive
issue
perhaps
settlement
of
the West:
of
occupation
the new
occur
at
could
territory
only
the expense
of
the native
The
peoples.
settlers
in
themselves,
having
engaged
con
of
decades
vicious
frontier
many
were
flict
with
the Indian
of
warriors,
one mind
on the
cared
subject.
They
little
none
for
when
Indian
they
rights
conflicted
was above
The Northwest
Ordinance
all
a political
over
out
document
thrashed
some
to satisfy
three
and designed
years
a number
of constituencies.
Frontier
town builders,
land
farmers,
specula
with
inter
sectional
tors,
politicians
all
left
their
mark on the docu
ests,
on the
ment.
Yet
it also
drew
heavily
and
the
tradition
Anglo-American
legal
of
the American
Revolution
idealism
in
that
culminated
1789 with
the
forma
tion
of
The Con
the new government.
stitution
established
the broad
legal
for
frame
the American
order;
political
the
Ordinances
the
provided
means
the expansion
for
across
the
continent.
able
order
Bernard
history
W.
at
Sheehan
the
IU
is
indispens
of
that
a
of
professor
campus.
Bloomington
and
generally
own
with
their
12 Magazine
of History