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Petrick, John J.Lessons on the Northwest Ordinance of 1787: LearningMaterials for Secondary School Courses in AmericanHistory, Government, and Civics.ERIC Clearinghouse for Social Studies/Social ScienceEducation, Bloomington, IN.; Indiana Committee forthe Humanities, Indianapolis.; Indiana HistoricalBureau, Indianapolis.; Social Studies DevelopmentCenter, Bloomington, Ind.Office of Educational Research and Improvement (ED)Washington, DC.ISBN-0-941339-02-5Sep 87400-86-002095p.Indiana Committee for the Humanities, 1500 NorthDelaware Street, Indianapolis, IN 46202 ($8.80 Plus$1.50 shipping).Guides - Classroom Use - Guides (For Teachers) (052)-- Guides - Classroom Use - Materials (For Learner)(051) ysesHistorical Meteria

BDRS PRICE MF01/PC04 Plus Postage.DESCRIPTORS *Civics; History Instruction; Instructional

Materials; Primary Sources; Resource Materials;Secondary Education; *Social Studies; *United StatesGovernment (Course); *United States History; Units oStudy

DENTIFIERS *Historical Materiels; *Northwest 0 dinence 1787

SO 018-526

ABSTRACTThe principles embodied in the Northwest Ordinance of

1787 served as an intellectual highway over which poured the westwardmarch of this nation. The story of the Northwest Territory'sacquisition and the enactment of the Ordinance of 1787 is relatedthrough nine lessons and accompanying documents. Each lesson isdesigned to complement the secondary school curriculum and tesupplement textbooks. The origin of the claims to the territory andthe examination of acts associated with the territory's organizationare discussed in lesson one. The formulation of a federal land policyis reviewed in lesson two. The Confederation Congress' enactment ofthe Ordinance of 1787 and its major aspects are emphasized in lessonsthree and four. Lesson five emphasises the governmental process endstatehood achievement. 'The guarantee of basic civil liberties andrights to people living on the frontier and outside of the original13 states and the assurance that the new territories would eventuallybe granted statehood are described in lesson six. The progress tostatehood by each of the five states in the Northwest Territory isdepicted in lesson seven. The original documents that chronicledIndiana's advancement toward statehood are highlighted in lessoneight. The last lesson serves as a review of the unit by presenting atimetable of main events associated with th, enactment andapplication of the Northwest Ordinance. The appendix includes 15abridged, historical documents that are used with the lessons. Abibliography is included. (5N)

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in American History, Government- and Civics

ERIC

ByJohn J. Patrick

BEST COPY AVAILABLE

1987

VI. DEPARTMENT OR EDUCATIONonce 01 geucehenis Resesech and heceeeement

EDUCATIONAL RESOURCES INFORMATFONCENTER (ERIC)

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Lessons on the Northwest Ordinance of 1787

Lea ning Materials for Secondary School Coursesin American History- Government and Civics

Upper Territories of theUnited States, 1616

By F. Lucas, Baltimore and Phil-adelphia, 1817. Courtesy Indi-ana Historical Society.

ByJohn J. Patrick

Indiana Historical Bureau

Indiana Committee for the Humanitieswith the cooperation of the

National Endowment for the Humanities

Social Studies Development CenterIndiana University

ERIC Clearinghouse for Social Studies/Social Science Education

1987

ORDERING INFORMATION:

This publication is available for $8,50 plus $1.50 postage and handling fromIndiana Committee for the Humanities1500 North Delaware StreetIndianapolis, IN 46202

ISBN 0-941339-02-5

This publkation was developed by the ERIC Clearinghouse for Social Studies/Social Science Education,and published in September, 1987. Copublishers are the Indiana Historical Bureau, the Indiana Com-mittee for the Humanities, and the Social Studies Development Center.

This publication was prepared with fund;ig from the Office of Educational Research and hnprovement,U. S. Department of Education, under contract no. 400-86-0020. The opinions expressed do not neces-sarily reflect the positions or policies of OERI or ED.

4

Co nt e n s.

About the AuthorAcknowledgments viForeword viiIntroduction 1Lesson 1: The Northwest Territory, 1776-1783 5

Teaching PlanLearning Materials for Students

Lesson 2: Beginnings of a Federal Land Policy:The Ordinances of 1784 and 1785Teaching PlanLearning Materials for Students

Lesson 3: Origins and Development in Congress of theNorthwest Ordinance, 1785-1787Teaching PlanLearning Materials for Students

Lesson 4: What Is the 1787 Northwest Ordinance?Teaching PlanLearning Materials for Students

Lesson 5: What Does the Northwest Ordinance Say aboutGovernance?Teaching PlanLearning Materials for Students

Lesson 6: What Does the Northwest Ordinance Say aboutCivil Liberties and Rights?Teaching PlanLearning Materials for Students

sson 7: State Making Under the Northwest18034840Teaching PlanLearning Materials for Students

Les n 8: The Northwest Ordinance and Indiana's Advance-ment to Statehood, 1800-1816Teaching PlanLearning Materials for Students

Lesson 9: Timetable of Main Events Associated with theEnactment and Application of the NorthwestOrdinanceTeaching PlanLearning Materials for Students

15

25

41

47

Append Lx: Documents

This Appendix includes fifteen documen s that are used, inabridged form, in the lessons of this volume. The documents arelisted below.

1. Clark's Letter of Instruction, 1778 532. Resolution of Congress on Public Lands, 1780 543. Treaty of Paris, 1783 554. VirgLnia Act of Cession, 1783 575. Ordinance of 1784 596. Land Ordmance of 1785 617. The Northwest Ordinance, 1787 658. Act. Creating Indiana Territory, 1800 699. Harrison Land Act, 1800

10. Proclamation: Announcing That Indiana Territory HadPassed to the Second Grade, 1804

11. Act Dividing Indiana Territory, 180512. Act Dividing Indiana Territory, 180913. Indiana Suffrage Act, 181114. Memorial for Indiana Statehood, 181515. Indiana Enabling Act, 1816

Select Bibliography

About the Author

JOHN J. PATRICK is director of the Social StudiesDevelopment Center, dfrector of the ERIC Clearing-house for Social Studies/Social Science Education,and a professor of education at Indiana University.Dr. Patrick is an experienced researcher, curriculumdeveloper, and author. He has conducted curric-ulum studies on history, civics, and government insecondary schools and has written textbooks andother learning materials for secondary school studentsof American history, government, and civics. Amonghis publications are Lessons on the Constitution,Lessons on the Federalist Papers, History of theAmerican Nation, Civics for Americans, The YoungVoter, and American Political Behavior. Dr. Patrickhas served as a member of the Governor's Task Forcefor Citizenship Education, the Indiana Committeefor the Bicentennial Celebration of the NorthwestOrdinance of 1787, and the Indiana Commission onthe Bicentennial of the United States Constitution.

Aanowledgments

The author thanks the following colleagues whoserved as reviewers of this work and contributed toimprovement of the teachhig plans and learningmaterials. The reviewers were James H. Madison,associate professor of history at Indiana University,James Weimer, social studies teacher at Tri-NorthMiddle School of Bloomington, Indiana, and Pat-ricia Wilson, social studies teacher at BloomingtonHigh School North.

The author appreciates the support and encourage-ment of Kenneth Gladish, executive director of theIndiana Committee for the Humanities and PamelaJ. Bennett, director of the Indiana Historical Bureau.

Development of these lessons on the NorthwestOrdinance was initiated through a program of theSocial Studies Develcpment Center and the IndianaCouncil for the Social Studies"The Bicentennialsof '87 and Citizenship Education in Indiana." Thisprogram was made possible through a matchinggrant from the Indiana Committee for the Humani-ties in cooperation with the National Endowmentfor the Humanities.

Development of these lessons was completedthrough the publications program of the ERICClearinghouse for Social Studies/Social ScienceEducation at Indiana University.

Funding for this publication was provided bythe Indiana Committee for the Humanities withthe cooperation of the National Endowment for theHumanities, and the Social Studies DevelopmentCenter. Printing and binding of this volume wasdone by the Indiana Historical Bureau. The authoris grateful for editorial services provided by DorothyTaylor. The cover map, Northwest Territory 1787,was provided by the Indiana Historical Society; colorseparations were provided by the Ewing PrintingCo., Vincennes, Indiana.

vi

Foreword

Lessons on the Northwest Ordinance is the productof a fruitful partnership between the Indiana Councilfor the Social Studies, the Social Studies Develop-ment Center, and ERIC Clearinghouse for the SocialStudies, all at Indiana University, the IndianaHistorical Bureau, and the Indiana Committee forthe Humanities. Lessons is but one of an increasingnumber of projects brought to a successful conclusionthrough the cooperation of Indiana's educationaland cultural organizations. The Indiana Committeefor the Humanities is happy to have been able tosupport the development of Lessons as a part of theBicentennial of the Northwest Ordinance. All of theagencies involved in the project are pleased to bringthis educational resource to a national audience.

The intellectual leadership and imaginative forcebehind the project came from John Patrick of IndianaUniversity. His devotion, dedication, and energyare a truly unique resource to all of his colleaguesin Indiana and throughout the nation.

The Northwest Ordinance is one of the greattexts of the American democracy. Along with theDeclaration of Independence and the US. Constitu-tion, the Ordinance served to provide a foundationfor the construction of liberty and order in the 18thand 19th centuries. The Ordinance deserves specialstudy and attention in America's claqsrooms. Thestudy of the Ordinance and its application providesa lesson to all those who care to learn about how theAmerican nation spread from the seaboard andeastern mountains to the heartland and the GreatPlains.

The Bicentennial has produced a great number ofnew contributions to the study of the NorthwestOrdinance. The arriversary has provided a timefor celebration, reflection, new scholarship, andeducational resource development. Such work hasbeen much needed and is long overdue.

As a part of this new work, the present volume ofLessons on the Northwest Ordinance deserves widedistribution and frequent use in classrooms through-out America.

Indiana Commit

Kenneth L. GladishExecutive Directorfor the Humanities

T whe summer of 1787 was a turning point inorld history, when the Constitutional Con-

vention and the Confederation Congress of theUnited States responded to critical problems withcoordinate solutions that have had profound andfar-reaching effects in America and elsewherearound the globe. The Founding Fathers inPhiladelphiafacing the challenge of how tocreate a workable free government in a largecountryestablished enduring principles of libertyunder law in the Constitution of 1787. Theycreated novel conceptions of federalism andrepublicanism, which paradoxically blended na-tional supremacy with states' rights and stronggovernment with strict limits to protect individualrights.

Meanwhile, members of Congress in New York,under the moribund Articles of Confederation,created a brilliant policy for governing a vast areanorth and west of the Ohio River in the Ordinanceof 1787a liberal and innovative plan for col°.nial administration and national development.They designed an orderly and equitable means oftransforming dependent territories into self-governing and co-equal states of an expandingFederal Union. Thus, the Constitutional Conven-tion and Confederation Congress, acting sep-arately and simultaneously, created interlockingparts in the foundation of our American nation.

Main Provisions of the Ordinance of 1787The Northwest Ordinancenacted on July 13,

17871 and reaffirmed as federal law by the newU. S. Congress in 1789stipulated that no lessthan three and no more than five states would becreated out of the Northwest Territory, which wasacquired from Britain through the Treaty of Parisin 1783. Eventually, the states of Ohio (1803),Indiana (1816), Illinois (1818), Michigan (1837),and Wisconsin (1848) were created from thisNorthwest Territory, which also included a smallarea that became part of Minnesota (admitted tothe Federal Union in 1858).

The Ordinance of 1787 provided a three-stageplan by which a territory could become a state onequal terms with all other states in the FederalUnion. During stage one, a governor, secreand three judgesall appointed by the U.S. Con-gresswould rule the territory. During stage two,

Introduction

when the population surpassed 5,000 adult males,eligible voters (male owners of at least fifty acresof land) would elect representatives to the lowerhouse of the territorial legislature; main power ofthe territorial government would be exercised bythe executive officials and the upper house of thelegislatuxe, a five-member body, appointed by theU. S. Congress. A territory would enter the thirdstage when its population became more than60,000 inhabitants; at this point, the territorywould be permitted to write a state constitutionand petition the U. S. Congress for statehood.

Under the Northwest Ordinance, federal law'would follow the settlers west and providegovernment for them until the process of develop-ment allowed for self-government. Above all,the ordinance held out to settlers the absolutecommitment of statehood. . . . The westwardmoving pioneer would leave his home state butwould eventually become a citizen of a new state,with all the rights enjoyed in the Original thir-teen."1 Thus the Ordinance of 1787 boundwestern settlers to the Federal Union withguarantees of citizenship and self-governmentaremarkable development in an era when mostpeople in the world were ruled by tyrants of onesort or another, and when colonies were held byruling powers only for exploitation.

In six Articles of Compact the Ordinance of1787 also included guarantees of civil liberties andrights, many of which were not included in theU.S. Constitution until ratification of AmendmentsI through X (Bill of Rights) in 1791 and Amend-ments XIII and XIV in 1865 and 1868. Freedomof religion, due process in legal proceedings, theprivilege of the writ of habeas corpus, trial byjury, protection of property, sanctity of con-tracts, and free public education were proclaimedas inviolable rights of territorial inhabitants. Fur-thermore, slavery or involuntary servitude wasprohibited. According to Professor James H.Madison, "The articles of compact were intendedto . . . reassure westward moving pioneers thatthey would not risk surrender of these funda-

mes H. Madison, "The Northwest Ord nance and Con.stitutional Development in Indiana," International Journalof SOCkllBducation,2 (Spring 1987): 18.

mental rights. And they served also as guides forrritorial officials and state constitution makers.

Indiana's constitution of 1816 reiterated and ex-tendvd the fundamental rights promised in the1787 ordinance, including a very strongly statedcommitment to education and prohibition ofslavery."2 Thus the Northwest Ordinance was anamazing charter of human freedoms in an era whenlegal rights were rare in western civilization andvirtually nonexistent anywhere else in the world.

Of great importance to our social system todayas the Northwest Ordinance's abolition of the

ancient tradition of primogeniture, which gave theeldest son alone the right to inherit the land ofhis parents. According to the Ordinance of 1787,all children would share equally the estates of theirparents. Thus, at the beginning of the Americannation, a feudal custom that buttressed aristocracyagainst social change was ended.

Significance of the Northwest Ordinance

Leading American historians and statesmen haveconsidered the Northwest Ordinance to be amongthe most important state papers of the UnitedStates. In 1830, Senator Daniel Webster of Mas-sachusetts said, in a notable speech on the floor ofthe Senate, ". . I doubt whether one single lawof any law-giver, ancient or modern, has producedeffects of more distinct, marked, and lastingcharacter than the Ordinance of 1787."3 In thisspeech, Webster also asserted with state-based pridethe claims of Nathan Dane of Massachusetts toprimary authorship of the Northwest Ordinance.

President Abraham Lincoln noted the impor-tance of the Ordinance of 1787 in state-makingbeyond the old Northwest Territory. He explainedhow "that Ordinance was constantly looked towhenever a new territory was to become a state.Congress always traced their course by the Ordi-nance of 1787." In Lincoln's time and after-wards, the Northwest Ordinance was used as amodel to create states across the Great Plains tothe Pacific Ocean.

At the turn of the twentieth century, PresidentTheodore Roosevelt exclaimed, "In truth theOrdinance of 1787 was so wide reaching in itseffect, was drawn in accordance with so lofty a

orality and such far seeing statesmanship, andas fraught with such weal for the nation, that it

will ever rank among the foremost of AmericanState papers, coming in that little group which

23.

3Harlow Lindley at al., Ilistory of the Ordinance of 1787and the Old Northwest Territory Marietta, Ohio: North.west Territory Celebration Commission, 1937), 16.4Ibid.,78.

includes the Declaration of Independence, theConstitution, Washington's Farewell Address, andLincoln's Emancipation Proclamation and SecondInaugural."3

On the occasion of the 150th anniversary ofthe Ordinance of 1787, President Franklin D.Roosevelt called it "that third great charter [afterthe Declaration of Independence and the Con-stitution]. The principles therein embodied servedas the highway, broad and safe, over which pouredthe westward march of our civilization. On thisplan was the United States built."8

Historian Ray Allen Billington wrote that "theOrdinance of 1787 did more to perpetuate theUnion than any document save the Constitution.Men could now leave the older states assured theywere not surrendering their political privileges.Congress had riot only saved the Republic, but hadremoved one great obstacle to the westward move-ment:4

In a prize-winning work of American history,Daniel J. Boorstin agreed with all the accoladesgiven to the Northwest Ordinance by many states-men and scholars. Furthermore, he wrote, "Ahalf-century after the adoption of the Ordinance of1787, this scheme of progressive decolonizationhad become a glorious fixture among Americaninstitutions. . The successful application of thisnotion of a predictable, gradual step-by-step prog-ress toward self-government and national involve-ment is one of the marvels of American histc1y."8Indeed, principles of the Northwest Ordinancehave been applied successfully to territorial pos-sessions of the United States from 1987 until ourmodern era.

The Northwest Ordinance in the Curriculum andthe Classroom

The Northwest Ordinance is indisputably at thecore of the American civic heritage, one of themost important political legacies we have. There-fore, one might expect this basic document to beemphasized in the core curriculum of secondaryschoolsin courses on American history, govern-ment, and civics that are required of all students aspart of their geneml education for citizenship.Furthermore, one might also expect students tograduate from high school with knowledge andunderstanding of the key ideas of the Northwest

6Ibid.. 79.

ibid.

7 Ray Allen Billington, Westward Expansion: A Ilistory ofthe American Frontier (New York; Macmillan, 1967), 217.

8Daniel J. Boorstin, The Americans: The National Ex-perience (New York: Vintage Books, A Division of RandomHouse, 1965), 422,

Ordinance and its connections to American con-stitutional government and national development.Unfortunately, anone with these expectations islikely to be disappointed.

Of course, the Northwest Ordinance is includedin secondary school curriculum guides and text-books. However, coverage tends to be meager. Itis mentioned only briefly in most curriculumguides. Most secondary school American historytextbooks include less than one page on theOrdinance of 1787. It is discussed as the finalachievement of government under the Articles ofConfederation and scarcely or never mentionedagain, even though the Ordinance of 1787 was theframework by which thirty-one of our fifty statesentered the Federal Uniona fact unreported inthe textbooks and presumably unknown to mosthigh school graduates.9 TheNorthwest Ordinanceseems to be missing from standard secondaryschool courses in civics and government. It is noteven listed in the index of most textbooks on thesesubjects. The consequence of educational neglectis ignorance. Most citizens of the United Statesseem to know very little about the NorthwestOrdinance.19

The bicentennials of 1987the two-hundredthrnniversaries of the Constitution and the North-west Ordinanceprovide a grand opportunity todraw public attention to these twin civic legaciesand to renew and improve education about them inAmerican secondary schools. There is an especiallystrong need to revitalize teaching and learningabout the Northwest Ordinance. Its significancein American history, its primary place in the civicculture, and its fit with goals of education forcitizenship justify better treatment of this basicdocument. Long-standing neglect and routinetreatment of the Ordinance of 1787 in secondaryschools must be reversed. In line with this endthere is a great need for learning materials on theNorthwest Ordinance to complement and enrichstandard secondary school textbooks and courses.

Content and Purpose of These Lessons on theNorthwest Ordinance

n this volume, the teaching plans and learningmaterials that treat various aspects of the North-west Ordinanceits origins, creation, content,applicationsare designed to supplement standardsecondary school courses in American history,government, and civics. The lessons have been

Philip R. Shriver, "America's Other Bicentennial," OldNorthwest, 9 (Fail 1983): 223.

John J. Patrick, "The Constitution and the NorthwestOrdinance in the Education of Citizens," InternationalJournal of Social Education, 2 (Spring 1987); 5-15.

reviewed by teachers in midd e schools and highschools. The lessons seem to be appropriate forboth levels with two important qiedifications:teachers should (1) restrict reading assignmentsinvolving the full text of documents ifound in theAppendix) to high school students and (2) provideextensive directions to middle school students inassignment of lessons and closely monitor theirreading of the lessons to clarify difficult wordsor ideas.

This volume includes nine oriMnal lessons thatfit standard secondary school courses and educa-tional goals in American history, government, andcivics. Each lesson has a plan for teachers andlearning materials for students. The lessons ex-tend and enrich standard course content, but donot duplicate it. Permission is granted to teachersto make copies of these lessons for use with theirstudents.

Main goals of the lessons in this book are tohelp students to:1. Know the origins and purposes of the North-

west Ordinance,2. Comprehend civic principles and values of the

Northwest Ordinance.3. Know how and when Americans used principles

and values of the Northwest Ordinance in state-making and national development.

4. Understand the significance of the NorthwestOrdinance in the history and civic culture of theUnited States.

b. Analyze and appraise ideas in the NorthwestOrdinance and other primary sources associatedwith it.

6. Develop skill in using evidence in primarysources to support propositions about peopleand events in United States history.

7. Develop reasons for commitment to civic valuesembedded in the Northwest Ordinance.These seven goals conform to curriculum guides

and content of secondary school courses in Amer-ican history, government, and civics. They alsO areconsistent with the longitanding overall purposeof the social studies in American schoolseduca-tion for citizenship in a free sociqty.

Characteristics of These Lessons on the NorthwestOrdinance

The following statements describe distinctivecharacteristics of the lessons in this book. Thesestatements are criteria that gtrided development ofthe lessons on the Northwest Ordinance. Thesestatements can help teachers to evaluate and usethese lessons in the classroom.

1. These lessons fit the curriculum and generalobjectives of secondary schools. Each lesson iscompatible with standard secondary school courses

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in terms if standard gnalsndary seined courses,

2. 'l'iiese lesstuss ex tend am! enrich standardtextbook treatments of the Northwest Ordinanceand national development, but do not duplicatethem. Each of these lessons enables teachers toprovide detailed treatments Of topics and ideasthat are merely mentioned or discussed brieflyin textbooks, Furthermore, each lesson providesopportunities for in-depth study based on primarysourcesthe raw materials of historical inquiry.

3. Lessons are concise and can be completed inone or two class meetings. However, teactwrs maychoose to spend more time on a particular lessonby requiring students to examine documents indetail and to write elaborate responses to essayquestions.

4. Each lesson has a clear statement of purposesand well-organized subject matter that pertains tothe purpusee,. Effective lessons clearly presentobjectives of teaching and learning. Learning isenhanced when purposes are perceived readily bystudents. Learning is also aided when content isstructured logically in terms of the objectives.

5. Each lesson has learning activities that requirestudents to demonstrate achievement of objectives.Students are required to use ideas and facts em-phasized in the lesson to answer questions orcomplete exercises that fit objectives of the lesson.Through these application activities, students pro-vide evidence of achievement, or lack of achieve-ment, in terms of objectives.

6. These lessons encourage application of knowl-edge to performance of various kinds of cognitiveoperations, from recall and comprehension tointerpretation, analysis, synthesis, and evaluation.Students are challenged to identify and com-prehend main ideas, to analyze and appraisestatements in primary sources, and to present ideascogently either orally or in writing. Students areencouraged to provide evidence and reasons insupport of statements of description, explanation,or evaluation.

7. Each lesson includes a teaching plan andlearning materials to be duplicated and distributedto students. The teaching plan indicates mainpoints and objectives of each lesson, connectionsof the lesson to the secondary school curriculum,and suggestions for opening, developing, and con-cluding the lesson. The learning materials includediscussion of main ideas on the topic of the lesson,excerpts from primary sources that pertain to themain ideas, and activities that require use of mainideas and evidence from primary sources.

4

Those lesson-- uii the Northwest, e1r1more th n most tea

urse, given the necsed to cover ver Jus toa limited period of Mime. The lessons, the eshould be viewed lig a pool of teaching resourcesChet di 1enehe-,71rs will draw upon variously.Many teachers will sor!lect only one or two of these

uppleinott, a single part of their text,:aclior7 $ will decide to use several of

the lessons, A few to-webers may decide to use allof the lessons in a spc-tncial unit of instruction on theNorthwest Ordinance _

Various Motet:1st:tout how to use the lessonspossible because savach lesson can be used alone

and without referont=e to any other lesson in thisvolume. However, trevo or more of the lessons canbe taught in combhmAtion because the ideas in eachlesson can be renal ty connected to every otherlesson in this set.

All materials nealfivd to teach a lesson are pro-vided in this volume, However, some teachers maydecide to expand opeson and improve these lessonsby exposing students to related learning materials.Teachers are also onts7l11raged to adapt these lessonsto fit their style of *teaching, their perception ofstudent needs, or lhs eir classroom circumstances.Teaching plans ato Eiresented as general sugges-tions, not as prescript-140ns.

Little time is needed to prepare t use a lesson.Follow these steps,

1. Read the tosebssaing plan and the learningmaterials for students_

2. Make copies of the learning materials anddistribute them to 0c:dents in the classroom.

3. Follow or modiiify teaching suggestions foropening, developing, maid concluding the lesson. Itis likely that many tEeachers will modify teachingplans and adjust theicx use of student materials tomake them more usefezal in particular situations.

Each lesson includes_ss one or more excerpts fromprimary sources. The full text of each partial doc-ument used in a losc=in is included in the Appen-dix of this volume, The documents in the Appen-dix can be used by teachers as handy referencematerials or as addltimnal reading assignments forhigh school student!,

These lessons on the Northwest Ordinanceshould be used to itar7ismit core ideas in the Amer-ican civic culture to Foung Americans and to en-courage their relleetidon and deliberation aboutthese ideas. By so cdoing, teachers can enhanceeducation on a basic document in the Americanheritage that deservos more emphasis in the cur-riculum of seconders& schools and the generaleducation of citizens,

13

Teaching Pun for Le5,5Qn

The Northwest Tarritory, 1776-1783

1 ckriles the Northwest Territory,United States, its location,

arid its boundaries, Furthermore, acts associatedwith its organization and control by the govern-ment of the United States are discussed. Thislesson sets a context for examination of policiesabout land distribution and governance of theNorthwest Territory that culminated in the Ordi-nance of 1787.

Curriculum CorniceThis lesson is suitable for use in American

history courses at the junior high/middle schoollevel or in high school. The lesson fits standardtextbook discussions on events of the War forIndependence and government under the Articlesof Confederation. High school teachers mightwant to have their students read complete copiesof documents treated briefly in the body of thislesson: (1) Patrick Henry's Letter to George RogersClark, (2) Resolution of Congress on Public Lands,(3) Treaty of Paris, and (4) Virginia Act of Cession.These documents are included in the Appendix.Objectives

Students are expec d to:1. Identify and summarize main ideas in four

documents: Patrick Henry's Letter to GeorgeRogers Clark, Resolution of Congess on PublicLands, Treaty of Paris, and Virginia Act ofCession.

2. Know how George Rogers Clark and his smallforce of American backwoodsmen secured aclaim to the Northwest Territory for the UnitedStates.

3. Know the location and boundazies of the North-west Territory within the United States of 1783.

4. Use evidence in documents and maps L., supportor reject statements about the western territoriesof the United States in the 1780s.

5. Understand events that established a context forsubsequent examination of ideas in the North-west Ordinance of 1787.

Suggestions for Teaching the LessonOpening the Lesson. Have students look at the

map of the United States in this lesson. Ask themto identify the original thirteen states, the westernterritories of the United States, and the bound-

fides of the United States, Ask them tohow tho United States acquired the area known asthe Northwest Territory. Next, ask students,the basis of evidence in the map, to speculateabout particular problems faced by the govern-nwnt of the United States in dealing with theNorthwest Territory, Ask how they think thegovernment should have responded to theseproblems. Indicate that the rest of this lesson isabout how the United States acquired the North.west Territory and began to deal with this areaas part of the national domain.

Developing the Lesson. Have students read themain body of the lesson, with particular attentionto the excerpts from the four documents includedin the lesson. Assign items 1 to 3 at the end ofthe lesson,

After students complete items 1 to 3, conducta classroom discussion about their responses. NOMstudents to support their responses with specific

ferences to parts of the pertinent documents andmaps. Make sure that they have examined evi-dence in the documents that is pertinent to theitems in this discussion and make certain thatthey have interpreted this evidence correctly. Youmight want to ask various students in the class toevaluate or judge the responses of their peers toitems 1 to 3.

Concluding the Lesson. Have each student re-spond to item 4 at the end of the lesson by writinga brief essay (no more than 250 words).When they have finished, select three or fourstudents to read their essays. Call on other stu-dents to respond to them; these responses mightbe affirmative or critical or some combinationof criticism 'and affirmation. The responses mightalso introduce additional ideas and informationinto the discussion.

NOTE: High school teachers might want to leadtheir students in careful and detailed analyses ofthe full texts of the four documents that axeincluded in this lesson. See the Appendix forcomplete versions of the documents. High schoolteachers might want to copy and distribute thesecopies to all students or to selected students.

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Clark's Route to Vincennes in the Northwest TerritoryFrom: James Truslow Adams and Charles Garrett Vannest,The Record of America (New York: Charles Scrihner'sSons, 1935), 123.

Lcssofl 1

The Northwest Territory, 1776-1783I,0 177(3, thirteen tJniteti States of Anil:rico

.deciared independence from the United King-dom of Great Britain. But the British were notready to give no this prized part of their world.wide empire, So, the Americans had to fight fortheir freedom. Most of the important battles ofthis War for Independence were fought alongthe Atlantic coast, where the major centers ofpopulation were located, However, Americansalso battled the British on the western side of theAppalachian Mountains in the lands north andwest of the Ohio River: this area became theNorthwest TerritoryClark's Mission

In 1778, George Rogers Clark was sent byGovernor Patrick Henry of Virginia to the west.ern territory of Kentucky. Colonel Clark's missionwas to rinse a small army of frontiersmen, protectAmerican frontier settlements against raids by theBritish and their various allies among the Indiannations of this area, and capture British forts iiithe territory north of the Ohio River.

In his letter of instructions to Colonel Clark,January 2,1778, Governor Henry wrote:

You are to proceed with all convenient speed to raiseseven companies of soldiers , . , officered in the usualmanner & armed most properly for the Enterprise, & withihis force attack the British post at Kaskasky [Kaskaskiain the Illinois country).

It is conjectured that there are many pieces of cannon &military stores . at that place, the taking and preser-vation of which would be a valuable acquisition to thestate. If you are so fortunate therefore as to succeed inyour Expedition, you will take every possible Measure tosecure the artillery & stores & whatever may advantage thestate.

For the Transportationof the Troops, provisions . .

down the Ohio, you are to apply to the commandingofficer at Fort Pitt lin western Pennsylvania at the sourceof the Ohio River] for Boats, & during the whole Trans-action you are to take especial care to keep the true Des-tination of your Force secret. Its success depends uponthis....

Colonel Clark carried out his mission asGov-ernor Henry instructed. In the summer of 1778,he led a force of about 175 backwoodsmen fromKentucky into the Illinois country and tookKaskaskia from the British on July 4, 1778.Clark also secured the surrender of British forcesat Prairie du Rocher, Cahokia, and Vincennesat.

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the confluence of the Wn ash ;au Ohio rivers,i.tter that year, however, British forces under

oral Henry Hamilton took back Vincennesand fortified themselves there at Fort Sack ville.

During the winter of 1779, Hamilton madeplans to move against the Americans at Kaskaskiain the spring, Colonel Clark was alarmed; he knewthat Hamilton's forces were strong enough todefeat him. So, he decided to surprise the Britishby doing what they thought was impossibleumarch through Che wilderness from Kaskaskia toVincennes in the bitter winter weather.

While the British rested in the warmth andqevrning seciirily of Fort Saekvilk, Clark and his

11 force slogged through ankle-deep slush andwaded or swam aerosq icy-cold rivers and creeks.Colonel Clark's determination inspired his ien tocarry on past the normal limits of human en.

ance, Later, Clark wrote that his men startedto believe they were "superior to other men, and

t neither the rivers nor seasons could stop their_igress."After a brief fight on February 25, Clark again

took Vincennes. This time the Americans heldit. American settlements in Kentucky were safe-guarded. Furthermore, Clark's victory was thebasis for American claims to this western ter-ritory at the end of the war.

Resolution of Congress on Public LandsAs Clark fought the British in the West, Amer-

ican politicians in the East were looking ahead tothe time after the war when their independentnation would control territory on the other sideof the Appalachian Mountains. On October 19,1780, the Continental Congress passed a "Re-solution of Congress on Public Lands" that claimedownership by the United States of these territories.Furthermore, it proclaimed a far-reaching policy:new American states would be created fromthese frontier lands and would become membersof the Federal Union on equal terms with theoriginal thirteen states.

Resolved, that the unappropriated lands that may beceded or relinquished [given up] to the United States,by any particular States shall be disposed of for thecommon benefit of the United States, and be settled andformed into distinct republican States [states with self-government by elected representatives of the peopiel,

7

which shall Iuc,i iiieinInr. Won, andshall have the sal v re ,Iot,i anddependence, as the tither !gates,

,

'l'he Treaty of l'anis, 1783September 3, 1783, tlw war with Britain

officially ended with the signing of the Treaty OfParis, Following is a sunimary of the terms of theTreaty of Paris.

The British eck nowledged the previous colt,' s"free, Sovereign, and independent states."

The British gave up "all Claims to the Govern-numt, Property, and territorial rights" of theUnited States "and every part thereof."F3ounthiries were defined. The United Statesextended along the Atlantic coast from theBritish territory of Nova Scotia in the Northto the Spanish territory of Florida in the South.In the West, the new nation won title to thrland west of the Appalachians to the MississippiRiverincluding the Northwest Territory.The United States won fishing rights along theshores of Newfoundland and in other waters off

coast, of Canada,ditors on either side were not limited in

their right to recover debts previously con-tracted.Congress would "earnestly recommend" to thestate governments the return of Loyalists'property which had been seized during the war.Persecution of Loyalists should stop, andLoyalists in American prisons should be freed."A firm and perpetual Peace" should exist"between his Brittonic Majesty and the saidStates and between the Subjects of the one, andthe Citizens of the other," Hostilities by sea andland shall immediately cease. Prisoners onboth sides shall be set at liberty. With allconvenient speed" British army forces wouldwithdraw from the United States "and fromevery Port, Place, and Harbour within thesame."During the negotiations in Paris, American

diplomats insisted that territories north and westof the Ohio River must be part of their newAmerican nationa claim supported by GeorgeRogers Clark's military victories in 1778 and 1779.However, even though the British surrenderedlands in the Northwest Territory, several Americanstates had conflicting claims to these lands. Thenew government of the United States could notmake plans for dealing with these western ter-ritories until the states gave up their conflictingland claims.

'I' Virginia Act and Ow NorthwestTerritory

Virginia took the lead in clearing the way fornational ownership and disposition of the westernterritories, On Derember 20, 1783, the legislatureof Virginia passed the Virginia Act of Cession. Itwas accepted by the Congress of the United Stateson March 1, 1781, By this at1,, Virginia gave up itsvast claims to western lantL for the good of theUnited States, Other states were influenced toyield their claims to land within the NorthwestTerritory and elsewhere, Look at the map onpage 10, which shows that Massachusetts, NewYork, and Connecticut gave up claims to land inthe Northwest Territory in 1785 and 1786.

In part, the Virginia Act of Cession said:It enacted by the General Assembly, that it shall

and may be lawful .. to . make over unto the UnitedStates in Congress assembled . all right, title, and claim

which this Commonwealth bath to the territorybeing to the northwest of the river Ohio , upon

condition that the territory so ceded, shall be laid md andformed into states . and that the states so formed,shall be distinct republican Notes [governed by electedrepresentatives of the people], and admitted members ofthe Federal Union; having the same rights , . freedom,and independence, as the other states . .

Thus, the Virginia Act. of Cession paved the wayfor national administration and development ofthe Northwest Territory, Policies for distributionand government of these lands were deliberatedupon by the 'congress of the United States from1784 until 1787, when the celebrated Ordinanceof 1787 was enacted. (The Ordinances of 1781and 1785 are presented in Lesson 2; the Ordinanceof 1787 is presented in Lesson 1.)

Reviewing and Reflecting on Facts and Ideas1. What did each of the following documents have

to do with the acquisition of the NorthwestTerritory by the United States?a. Letter of Patrick Henry to George Rogers

Clark, 1778b. Resolution of Congress on Public Lands, 1780c. Treaty of Paris, 1783d. Virginia Act of Cession, 1783

2. Describe the area of the Northwest rrerrltwithin the United States of 1783.a. What were the boundaries of the territory?b. What states of the United States were made

eventually out of this territory?

the following statements, ltthlpwhether or not each statettlent can be backedup or supported with evidence, Use evidencefrom doeumenbi and the map in this lesson todecide whether each statement is correct orincorrect. Be prepared to defend your responsesby referring to pertinent evidence.a. The ;;Origress of the United States hoped to

hold western territories as colonies thatwould be used solely for the benefit and en-richment of the original states.

b. Only Massachusetts, among the originalthirteen states, had made larger claims towestern land than Virginia had made,.

c. Virginia's cession of western land influ xedother states to give up their land claims.

d. The legislature of Virginia ceded westernland ClaiMg to Congress on condition that

iwor states mad g itild haveany LyJu( ttf goveri peoplewanted." 'treaty of Paris provided that Ow United

y the British a large som ofmoney to gain title to the land moth andwest of the Ohio River,

I', Governor Henry of Virginia instructed Cnet Clark to stay on the south bank of theOhio River to protect Kentucky awattacks by the British or their Indimi allies,

4. Why should Americans today consider thefollowing documents to be important or valu .able parts of their heritage? What, is the endur-ing worth or significance of these documents?a. Resolution of Congress on Public Landsh, Treaty of Parisc. Virginia Act of Coss

Thy Sord Hi. Tetoory ;If fhv IittIt,tNorthwest of the Inver Ohio

rized seal for documents of the Northwest Ter-y shows a frult.bearing tree, an toofelled tree, a rising

sun, rind boats presumably on the Ohio River, These sym-hols represent the aspirations of new settlers in the westernwilderness, Th Latin phrase Mellorem hapsa Locovilmeans "from the fallen tree, a better one has grown,"Courtesy Indiana IlistorIcal Society.

1

MELIOREM LAPLO CAVI T.

George Rogers ClarkPortrait of Clark as a young man conceived and painted byRosemary Browne Beck, 1976, for the Indiana State Muse-um Society. Courtesy Indiana State Museum.

nt.hriArt

10"

0/443X/C0

Go* ea*

The United States Underthe Articles of Confederation

Stales Having No

Claim to Western Lands

Slates Having a Claimto Western Lands

From: Daniel Jacobson, The Northwest Ordinance of 1787:A Special Teaching Lln;! (Fmst Lansing: Michigan State Uni-versity Alumni Msociation, 1987).

10

70*

40-

Teaching Plan for Less 2

Beginnings of a Federal Land Policy:The Ordinances of 1784 and 1785

view of Mai

This lesson treats two laws (Alai helped toablish an enduring land policy for the United

States: (1) the Ordinance of 1784 and (2) theOrdinance o; 1785. The main provisions of theselaws are discussed. This lesson emphasizes ideasthat were important precursors to the enactmentof the 1787 Northwest Ordinance.

Curriculum ConnectionThis lesson can ho used in jumor high/middle

school and high school courses in Americanhistory. It fits ttandard textbook chapters on theConfederation Period from 1781 to 1787. Highschool teachers might want to have their studentsread copies of the Ordinances of 1784 and 1785,which are included in the Appendix.Objectives

Studerts are expected to:1. Identify and summarize main ideas in two doc-

uments:a. the Ordinance of 1784 andb. the Ordinance of 1785.

2. Know the contributions of Thomas Jeffersonto enactment of the Ordinances of 1784 and1785.

3. Understand how the Ordinances of 1784 and1785 addressed major problems facing theCongress of the United States.

4. Make judgments about the significance of theOrdinances of 1784 and 1785 in national de-velopment and expansion of the United States.

Suggestions for Teaching the LessonOpening the Lesson. Ask students to read the

first paragraph in the introduction to the lesson,which discusses the large domain and land claimsof Virginia before the Virginia Act of Cession. Theparagraph indicates that Thomas Jefferson andGeorge Washington were among the prominentleaders of Virginia who urged the state governmentto relinquish western land claims. Ask students tooffer opinions about why Jefferson and Washing-ton favored the Virginia Act of Cession. Whatarguments might have been offered in oppositionto the Act of Cession? What might have been theconsequences for the United States if Virginia'sgovernment had not made the Act of Cession?How did the Virginia Act of Cession create new

problems for the United States gov nment? Usecliseussiop of these questions to lead studentsinto the main part f the lesson--provisions oOrdinances of 1784 and 1785, which were thefirst national policies for dealing with the ter-ritories in the West.

Developing the Lesson. Have students read themain part of this lesson about the provisions of

Ordinances of 1784 and 1785. Assign items1 to 5 at the end of the lesson.

After students complete items 1 to 5, conducta classroom discussion on these items Call upon afew students to read their paragraphi, summariz-ing main ideas of the Ordinances of 1784 and1785. Ask other students to listen carefully and

pond critically to the paragraphs.Concluding the Lesson. Divide the class into

several small groups (three to fr,e students to agroup) and ask theni to deliberate upon responsesto item 6 at the very end of the lesson. Tell eachgroup to select one person who will serve asspokesperson for the group. The spokesperson'sresponsibility is to summarize the ideas of thegroup in response to item 6 and report the ideas tothe class. After the small groups have completedtheir discussion of item 6, call upon each of thespokespersons to report ideas of the group tothe class. Finish the discussion by asking the classas a whole to respond to the reports of the spokes-persons.

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A TYPICAL TOWNSHIP6 MILES SQUARE

Hal(-quarter-section 80 acres

uartcrluarter-section 40 acres

F m: OeorninIs (Ames,

12

de Homo% el at, Basic American Docu---A: Littlefield, Adams & Co, 1056),

L sson 2

Beginnings of a Federal Land Policy:The Ordinances of 1784 and 1785

Th .1oinas 1 on was proud of his state ofVirginia, which in 1784 was the largest of the

thirteen United States of America. It consisted ofthe present state (1987) plus the areas eneoni-passed today by the states of West Virginia andKentucky. It included more than 100,000 squaremiles and was considerably larger than GreatBritain and Ireland. Furfnermore, Virginia hadstrong claims to territories north and west of theOhio River. At the urging of Jefferson, Washing-ton, aid other state leaders, the Virginia govcrn-meat relinquished its claims to the western ter-ritory in a generous Act of Cession, which wasaccepted by the United States Congress in March,1784. Other states with claims to western ter-ritories followed Virginia's lead, and the govern-ment of the United States was faced with problemsof how to deal with this vast national domain. Thetwo major problems were how to govern the west-ern territories and how to distribute land system-atically and fairly to people who wanted to settlethere. Attempts to solve these two problemswere made by the Ordinances [laws] of 1784and 1785.

The Ordinance of 1784On March 1, 1784, the very day that Virginia's

Act of Cvssion was accepted by Congress, ThomasJefferson, as chairman of a congressional com-mittee, presented a plan of government for thewestern territories. Jefferson's plan was debatedby members of Congress and passed on April 23as the Ordinance of 1784.

Provisions of the Ordinance of 1784. Jefferson'sOrdinance of 1784 provided "that so much of theterritory ceded or to be ceded by individual statesto the United States . . shall be divided intodistinct states... ."

The Ordinance of 1784 outlined a three-stageplan whereby a territory could advance to state-hood. During stage one, settlers could meet toestablish "a temporary government, to adoptthe constitution and laws of any one of the originalstates" as a guide to the government of the ter-ritory.

Stage two would be reached "when any [ter-ritory] shall have acquired 20,000 free inhabitants,on giving due proof thereof to Congress, they shall

receive from them authority with appomtmentsof time and place to call a convention of represent-atives to establish a permanent constitution andgovernment for themselves provided that boththe temporary and permanent governments be

tablished on these principles [following here]their basis."First, the new states to be created in the West

should "forever remain a part of , . the UnitedStates of America."

Second, they should "be subject to the Articlesof Confederation" and to all the laws of thecentral government, as the original thirteen stateswere bound by these laws.

Third, they should not interfere with the landpolicies of the United States government.

Fourth, they should "be subject to pay a partof the federal debts . . . according to the samecommon rule" that is applied to the other states,

Fifth, they should not impose taxes on landsbelonging to the United States government.

Sixth, "their respective governments shall berepublican" in form; that is, government by rep-resentatives of the people who are elected byeligible voters.

The third and final stage of government wouldbe reached whenever the population of a ter-ritory was as large "as any one of the least nu-merous of the thirteen original states." At thattime, a territory "shall be admitted by its del-egates into the Congress of the United Stateson an equal footing with the said original states.

Jefferson's original proposal included a clausethat would have outlawed slavery or involuntaryservitude in all of the western territories. Thisclause was narrowly voted down by the Congressand was not included in the Ordinance of 1784.

Significance of the Ordinance of 1784. Thespecific provisions for government in the Ordi-nance of 1784 were not to be put in operationuntil after the lands had been purchased fromthe Indians and offered for sale to settlers movinginto these lands. Before this happened, Congresspassed a new law for governance of the NorthwestTerritory, the Ordinance of 1787, which super-seded the Ordinance of 1784. Jefferson's ordi-nance was thus nullified.

22

Sc,ne fflnis in the Ordinance of 1781 id on,and were inehaded in the Ord lruints of 1787,(Provisions of (.lw Ordinance of 1787 are pre-sented in Lessons 1, 5, and 6.) Furthermore,Jefferson's proposal to ban slavery became part,of the Ordinance of 1787.

It IS interesting to note that Jefferson's anti-slavery proposal had applied to all new territoriesof the United States, north and south of the OhioRivernot merely to the Northwest Territory. Ifit had been acted upon in the 1780s and in effectthereafter, a basic cause of America's tragic CivilWar might have been removed.

The Ordinance of 1785

Thomas Jefferson also worked on a plan fordividing and distributing the land in the West. Hemade a report to Congress in May, 1784, that

oposed an orderly means of surveying and sellingthe land to settlm.s. Jefferson's report was thebasis for the land ordinance that Congress enactedabout one year later on May 20, 1785. The LandOrdinance of 1785 had three main purposes: (1)to survey land systematically, (2) to sell it tosettlers in an orderly and fair manner, and (3) touse money from the sale of lands to pay off debtsfrom the War of Independence.

Provisions of the Ordinance of 1785. This lawprovided "that the territory ceded by individualStates to the United States, which has been pur-chased of the Indian inhabitants, shall be dis-posed of in the following manner. . . . TheSurveyors . . . shall proceed to divide the said terri-tory into townships of six miles square, by linesrunning due north and south, and others crossingthese at right angles, as near as may be, unlesnwhere the boundaries of the late Indian purchasesmay render the same impracticable.... "

In accordance with the law, townships wereset up to measure six miles square. They weredivided by north-south and cast-west lines surveyedat intervals of one mile. In this way, thirty-sixsections were created in each township.

Each section of a townshipone mile square,640 acreswas numbered from 1-36. as indicatedby the diagram on page 12. Each section could befurther divided into half-sections (320 acres),quarter-sections (160- acres), and smaller units,such as 80 acres.

In each township, section 16 was to be setaside to provide funds for public schools. Sec-tions 8, 11, 26, and 29 would be reserved foruse by the United States government. Remainingland in each township was to be sold at publicauction for at least one dollar an acre. The buyerwould get a deed for his land that would be re-corded in the state's land office.

14

Significance of Ue Ordinance of 1785. On May30, 1785, Richard I lenry Lee, represen (-dive toCongress from Virginia, wrote to his friend andcolleague, James Madisr,m: "We have ni

bate imleed ond groat waste of time,d an Ordinance fc r disposing of such part of,ands N. W. of the Ohio as belongs to the U.S.

and have been purchased of the Irldians, If thisis Lives agreeable to ti%e public, it win extinguishabout 10 Million of the public debt. . , thissource does indeed deserve our warmest cultivation

it seems to be almost the only one that we havefor discharging our oppressive debt.. .."

Soon after passage of the Ordinance of 1785,surveyors were in eastern Ohio to lay out town-ships as specified in the new law. Under directionof Thomas Hutchins, Geographer of the UnitedStates, seven ranges were surveyed by the end of1787. The way was poved for poreime and settle-ment of the first segment of the Northwest Ter-ritory organized under laws of the United States.

Reviewing and Reflecting on Facts and Ideas1. What problems concerning the western

ritories of the United States were faced by theUnited States Congress in 1781 and 1785?

2. What was the contribution of Thomas Jeffersonin helping Congress to respond to its problemswith the western territories?

3. Why was Jefferson disappointed with the finalversion of the Ordinance of 1784?

4. Write a brief (no more than 200 words) sum-mary of the Ordinance of 1784.

5. Write a brief (no more than 200 words) sum-mary of the Ordinance of 1785.

6. Why were the Ordinances of 1784 and 1785important in the development and expansionof the United States?

23

_Mew 0

This lesson (loser

Teaching Plan for Lesson 3

Origins and Development in Congressof the Northwest Ordinance, 1785 -1787

how the 1787 NorthwestOrdinance was bitroduced into Congress, delib-erated upon by members of Congress, and finallyenacted on July 13, 1787 . The roles of ThomasJeffert.on, James Monroe, and Nathan Dane increating and passing the Ordinance of 1787 areexamined.

Curriculum Con

This lesson can be used in junior high/middlehool and high school American history courses,

An entry point for the lesson is the standardtextbook discussion of government under theArticles of Confederation and the U. S. Congress'enactment of land policies cidminating in theOrdinance of 1787. The lesson can also be in-corporated into high school courses in civics orgovernment, It can be used to illuminate the law-making process in Congress during the Confedera-tion period,

Objectives

Students are expected to :1. Identify reasons for Congress' actions to replace

the Ordinance of 1784.2. Describe the roles of several leaders, including

Jefferson, Monroe, and Dane, in the making ofthe Ordinance of 1787.

3. Describe how Congress proceeded to enact theOrdinance of 1787.

4. Analyze and make judgments about informationin a primary source, Nathan Dane's letter toRufus King.

Sugge 0 i'euvhing the LessonOpening the Lesson. Ask students to read thetroduction to the lesson, which indicates the

main points of the lesson. Review the purposesof this lesson and then have students road therest of the lesson.

Developing the Lesson. Assign items 1 to 3at the end of the lesson. After students completethese items, conduct a clasrooin discussion aboutthem. Assign item 4. Tell students to criticallyanalyze the letter by Nathan Dane to Rufus King.Ask students to prepare answers to item 4, aboutNathan Dane's letter. Inform them that a panelof three students will be called upon to reporttheir answers to item 4 and to lead a classroomdiscussion about Nathan Dane's letter.

Concluding the Lesson. Select three students toconstitute a panel to report their analyses ofNathan Dane's letter. Ask each student to give abrief report of his/her answers to item 4. Inviteother students to ask questions or make commentsin response to the panel reports. Have the panelistslead this discussion on the analysis of Dane's letter.During this discussion, encourage students to backup their answers with evidence from this lesson.Encourage students to request their fellow studentsto ground their judgments about Dane's claims inhis letter with evidence drawn from this lesson.

415

,±a

Nathan DaneFrom: John Fiske, he Critical Period IJtory, /78:1-17lill (Boston. 1896),

iwrican

Thomas JeffersonCourtesy Indiana Historical Society

James MonroeCourtesy Indiana Historical Sod i

Lesson 3

Origins and Development in Congressof the Northwest Ordinance 1785-1787

On July 13, 1787, the Congress of the Un redStates enacted a plan for fovernment in the

Northwest Territory, the area north anti west. ofthe Ohio River that had been acquired through theTreaty of Paris in 1783. Main ideas of the Or-dinance of 1787, also called the Northwest Or-dintmce, were established through deliberations inCongress that began in 1785.

Nathan Dinw, a member of Congress from lilasusetts, was a primary author of this Nor9micstnance, but James Monroe of Virginia also

mportant contributions, and several otherbers of Congress made minor contributions

.he final shape of the Ordinance. Thomasin Paris, France, as ambassador from

the United States, had an important part in thisundertaking too; he had written the Ordinanceof 1784, which was the source of core ideas in theOrdinance of 1787.

The Ordinance of 1787 provided for lawful andorderly settlement of western lands and a sys-tematic means for political advancement from thestatus of a territory of the United States to astate within the Federal Union, on equal termswith all of the other states. Thus, it was decidedonce and for allthat these territories would notbe held indefinitely as colonies, in a subservientrelationship to the original thirteen states. Thegeneral principles of this Northwest Ordinancewere applied beyond the boundaries of the North-west Territory and became the framework bywhich thirty-one of today's fifty states enteredthe Federal Union. Main ideas of the North-west Ordinance are presented in Lessons 4, 5, and6. This lesson tells how the Northwest Ordinancewas originated, shaped, and enacted during atwo-year period from 1785 to 1787.

Reopening of Debate on Governanceof the Western Territories

Members of Congress had never been whollysatisfied with the Ordinance of 1784, and theywanted to change it. Many representatives thoughtthat Congress did not have enough control overthe establishment and development of govern-ment in the new territories. They also werestarting to think that the population requirementsfor self-government and statehood should be

changed. Others believed, unlike 911_ Alias Jef fer-should be only a few states made

out of the Northwest Territory, perhaps no morethan three to five states. In addition, there wereforces in Congress, led by Rufus King of Massachu-setts, that. wanted to prohibit s! ivery in the west.-

territories, and King pressed for this changein the territorial policy of Congress.

James Motiroe, member of Congress from Vir-ginia, was a friend and supporter of Jefferson;nonetheless, he believed that the Ordinanee of1784 should be changed. In 1785, Monroetraveled across the Appalachian Mountains to seefor himself conditions in the western territoriesand to think about what should be done to modifythe national land policy, When he returned toCongress near the end of 1785, Monroe con-curred with most of the prevailing criticisms of theOrdinance of 1784 and recommended that a com-mittee of Congress formulate a new policy ongovernance of the western territories. Congressagreed with Monroe and appointed him as chair-man of the new committee.

On May 9, 1786, Monroe presented his com-mittee's fixst report, which outlined a three-stageplan by which a territory would advance to state-hood. This plana combination of ideas in Jeffer-son's Ordinance of 1784 and Monroe's own ideaswould become part of the new Ordinance of 1787.Writing to Jefferson in Paris on May 11, 1786,Monroe reassured his friend: The most importantprinciples of the Art [Ordinance of 1784I axe .preserv'd in this report." Of course, importantchanges had also been made having to do withtighter control by Congress over territorial gov-ernment in stages one and two and adjustment ofthe population requirements for advancement tostatehood.

Preparation of the Final Drafof the Northwest Ordinance

Monroe's report was debated in Congress andreturned to his committee, which revised it. OnSeptember 18, 1786, Congress reconstituted thecommittee because Monroe had left Congress.William S. Johnson of Connecticut became thenew committee chairman, and Nathan Dane of

17,

fvmstitioduaitta ern riteti ui IL Ji'liiig nemher of.he imittee. During next fewg iIifleILflt additions wore made to the pro

orditinee, including provisions about Imoet:4y of contracts, and various

liberties, played a major pathis work of Mt Daneupon Thomas Jeffcrsoiis kleas.

From April to July, 1787, the rinsed North-west Ordinance was put into its final form. NathanDane bad the inajor role in compiling this final

aft, w Welt Witti presented to Onatress on July11. By this time Edward carillon] of Virginia

is hairnian of the conunittee on western govern-ment, but Nathan Dane continued to lw thelending member of the committee. Congressmade some minor changes in the 07dinance of1787 and passed it by unanimou.; vote of theeight states represented In Congress on July 13.Of eighteen members of Congress in attendanceat this meeting, only Mr. Yates of New York voted4iginnsL entictowol. of Ow Northwest Ordinance.Following is the record of the vote in Congress:

MASSACIIUSEMMr. llolten, ay;Mr. Dane, ay . . . . . . . . Ay.

NEW YORKMr, Smith, ay; Mr. Haring, ay;Mr. Yates, no, , . . . AY,

NEW JERSEYMr. Clark, ay:Mr. Schureman, . . . .Ay,

DELAWAREMr, Kearney, ay;Mr. Mitchell, ay.. Ay.VIRGINIAMr, Grayson, ay; Mr. R.. II. Lee, ay;

Mr. Carrington, ay; . , . . . .. . .Ay.NORTH CAROLINAMr. Blount, ay;

Mr. Hawkins, ay . ... . ... . . . . Ay.SOUTH CAROLINAMr. Kean, ay;

Mr. Huger, ay; ... . . . . . . .. -Ay.GEORGIAMr. Few, ay;

Mr. Pierce, ay . .. . . . . , Ay.In a letter to Rufus King, only three days

after passage of the Ordinance of 1787, NathanDane wrote about inclusion of an idea that Kinghad proposed in 1785the prohibition of slaveryand involuntary servitude. This provision wasnot in the ordinance as it was reported by thetommittee to Congress. The provision was movedby Dane as an amendment and passed unanimouslyas the final action before the amended ordinancewas approved by Congess.

Here is what Dane wrote to King:

We have been employed about several objects, heprincipal of which have been the Government enclosed(the ordinance) and . you will we it) is completedWe tried one day to patch up MIonroe'ls system of%lesion)] govemmentstarted new ideas and committedthe whole to Carrington, Dane, R. H. Lee, Smith and Kean,We met several times, and at last agreed on some principles7at least Lee, Smith and myself. We found ourselves rather

tywil

in

prewal, The fano t a a tooy ftp[lParrrl to purchase a latract of redertil shout sis at sevenacresand we winked to abolish the Ott system mid rol-a tidier one for the goveninwilt of the country, and wefilially found it neeesNory itt adopt the best system WUcould get. Ali agreed filially to the enilosed plan, except

Yates. Ile appeared in this ease, as iii ImeA others,to understand the subject at all, When I drew the

ordinance (which passed, 11 few words Vxcepted,origbially formed it.) ball no idea the States would agreeto the sixth article, prohibiting slavery , . t,nd thereforeomitted it in the draft; hut, finding the !louse favorablydisposed on this sullied, after we had completed theother parts, I moved the article, wIlltim was agreed towithout oppositkm.

And so, Nathan t)ane made strung claims forbis contributions to the Northwest Ordinance.However, one should remember that. James Monroeand Thomas Jefferson, who originally adva:cedthe ban on slavery in the West, also dot:, vegreat deal of credit for the shape and substance ofthe 1787 Northwest Ordinance.

'this Ordinance of 1787, enacted at, thetime that the Constitutional Convention wasmeeting in Philadelphia, was the last, and perlmost significant, achievement of government underthe Articles of Confederation. Within the nexteleven months, representatives of the peopleratified the Constitution of 1787. thereby nul-lifying the Articles of Confederation. The Or-dinance of 1787 endured; it was reaffirmed un-animously in 1789 by the first session of Con-gress under the new Constitution. Lessons 4, 5,and 6 present in detail the content of the Or-dinance of 1787.

flit,

Reviewing and Reflecting on Facts and Ideas1. Why did Congress decide to create a new p '

for governance of the western territories thwould supersede the Ordinance of 1784?

2. What were the roles of the following indivkluaisin making a new law on governance of thewestern territories, the Ordinance of 1787?a. Thomas Jeffersonb. Rufus Kingc. James Monroed. William Johnsone. Nathan Dane

3. Describe the proce s by which Congress enactedthe Ordinance of 1787.

4. Examine the letter from Nathan Dane to RufusKing at the end of this lesson.a. What claims did Dane make about his con-

tributions to the making of the NorthwestOrdinance?

B. Given other facts in this lesson, what is yourjudgment of Dane's claims? To what extentdo you agree or disagree with them?

27

Te4lching PLin for Lesson 4

What Is the 1787 North est Ordinaric

Preview of Main Pint

This lesson defines LbMain ideas it) the doeudiscussed. Ideas on governaand rights are highlighted,

Ciirricu ConnectionTION lesson is suitable for

tGry courses in junior high/lhigh school courses in American history, govern .merit, and civics. Teaclwrs of juniorschool students, however, might want toonly itents 1 to 3 at the end of tile IVSSCM, I

to 6 are more complicated Mill challenging.I hill) school history and govcrnment teachersmight want to have their students read the North.west Ordinance in addition to the material forstudents provided in this lesson. This documentis located in the Appendix.

west. Ordinance.are clarified and

I civil liberties

Objectiv

Students are expected to:1. Define key terms in the Northwest Ordinance.2. Describe main characteristics of the process by

which a territory could move to statehood underthe Northwest Ordinance.lentify civil liberties and rights guaranteed by

the Northwest Ordinance.1. Compare and contrast civil liberties and rights

n the Northwest Ordinance with those in theConstitution of 1787 and of the Constitutionas amended in 1791.

5. Make judgments about the importance or worthof main ideas in the Northwest Ordinance.

Sago. for 'l'eaching the LeOpening the Lesson. Ask students to read the

introduction to this lesson, whieh IS covered in thefirst two paragraphs on the first page of the lesson.Then ask them if they hilVe ever heard of theNorthwest Ordinance. Poll students informallyto find out what they know about this documentand its significance in American history. Use thisintroduction lo the lesson to establish the main

ses or objeelives of the subsequent readingassigninetu

Developing the I,eson, lit .1 n l nt rt id thelesson. Assign items 1 to 1 at the end of

the lesson. ligh school teachers also might wantto have students read the entire document afterthey read the lesson, which can serve as atroduction and overview of main ideas in the doc-ument, Teachers who choose this approach wfind it convenient to make anti distribute copiesof the Northwest Ordinance, which is located inUlf; Appendix.

Conduct a class discussion of responses toitems 1 to 3 at the end of this lesson. Make useof the table in the lesson to focus attention ofstudents on main provisions of the governancerocedures in the Northwest Ordinance.

Concluding the Lesson. Teachers of eighthgrade students might want to conclude the lessonwith a discussion of the relative importance ofdifferent civil liberties and rights in the NorthwestOrdinance.

High school teachers, and some eighth gradeteachers, might conclude the lesson by assigningitems 1 to 6 at the end of the lesson. Item 1 isthe most complicated and challenging of these

and perhaps should be reserved for hightool students only.Teachers who assign item 6, the essay, might

wish to select two or three students to read theiressays to the class and to invite responses to theessays as a way of launching a class discussionabout the importance of the Northwest tirdinancetoday and in the past.

Ohio and N. W. Trritory. ISO5The 1iOI v r ion of this W. Barker map Was the first map that would later n the statesto use the krm Indiana Territory to encompass the area Courtesy Indiana Iii ',.torical Society.

2024)

What is the

Inet under the Articles o Confederal°,Unit7, the Col

passed the Northwest Ordinance. This action wasthe outstanding achievement of government underthe Articles, a government which seemed other-

ise inept and impotent. historians today rankthe Northwest Ordinance as a basic document inthe American lwritage, one that ranks in imponLance only behind the Declaration of Independence

the Constitution of 1787.of our greatest presidents hav

the Northwest Ordinance. Preskient FranklinD. Roosevelt called it "that third great charterthe highway . . over which poured the westwardmarch of our civilization . the plan on whichthe United States was built," President Theo-dore Roosevelt said that the Northwest Ordi-nance would "ever rank among the foremost ofAmerican State papers, coming in that little groupwhich includes the Declaration of Independence,the Constitution, Washington's Farewell Address,and Lincoln's Emancipation Proclamation andSecond InauguraL" Both Presidents Washingtonand Lincoln also lauded the Northwest Ordinanceas the foundation for settlement and expansion ofthe nation.

What is the Northwest Ordinance? Why 1s itso important in the American heritage? Whyshould Americans today know about it and valueit?

The Northwest Ordinance: A Definition

An ordinance is a type of law passed by a leg-islature that is dependent upon a higher governingbody for all of its authority. In the Americansystem of government today, we refer to acts oflocal government as ordinances. This indicatesthat the local government (for example, a city ortown government) is subordinate or inferior tothe government of the state in which it is located.Ordinances of the local governments of Indiana,for example, must comply with state statutes(laws), passed by the Indiana General Assemblyand approved by the governor, and with the Con-stitution of the state of Indiana. These ordinancesare issued under authority granted by the highergovernment, in this instance, the state govern-ment. In the 1780s, the acts of Congress were

Lesson 4

7 7 Northwest Ordinance.

indicate that:or iteration

I Oren N its

The Northwest Ordinance provided for theent of territory north and west of thever, it promised eventual statehood, on

equal terms with other states; not less than threenor more than five states were to be carved out ofthe area, It established a process for movingthrough stages of torritoriid government to petitionfor statehood, The Northwest Ordinance also reaf-firmed a system for dividing land that was set forthin the Land Ordinance of 1785. Finally, theNorthwest Ordinance contained six "articlesof compact, between the original States and thepeople and States" of the Northwest Territory.Most: articles guaranteed civil liberties and rightsto the inhabitants of the territory. Following arebrief discussions of these main aspects of theNorthwest Ordinance: (1) government and state-hood and (2) civil liberties and rights.

Provisions for Territorial Governmentand Achievement of Statehood

The Northwest Ordinance included a plan bywhich a territory could advance gradually tostatehood, on equal terms with all other statesof the United States. This plan involved threestages described in the table on the following page.

The final acts of the third stage of governmentunder the Northwest Ordinance involved petitionfor statehood by the territory to the Congress ofthe United States. The Congress was obligated togrant statehood through an enabling act if thepetitioner satisfied all conditions for statehood in-dicated in the Northwest Ordinance. These con-ditions included a state constitution that provideda -republican form of government" (governmentby representatives elected by the people). In 1803,Ohio became the first part of the Northwest Ter-ritory to achieve statehood. Indiana became astate in 1816, and Illinois entered the FederalUnion in 1818. Michigan (1837) and Wisconsin(1848) were the fourth and fifth states to beformed from the Northwest Territory. A smallpart or the original Northwest Territory was in-cluded within the boundaries of Minnesota, whichbecame a state in 1858. The 1787 Northwest

21

Stages of Government under the Northwest Orcilul nee

Territorial Status Elected /It Appointed iials Lawmaking llody

i t Stageal polonium ludei. than

*000 adult ninka

ritorial Go )Of fiCiak kd

iIly U,S, CoorFtIrIr, .ludgen

Govern() -lin mike laWfi

Second Stage'otal !moll la t i on includesore than

)0 adult males

Territorial GovernorSeere tory'J'liree Judges

Territorial Delegate (non-voting) U. S. Congresslected by territorial legislature

Ijicaineral Legislature

Lower !louse: Voters electitntives; one representa-

ive for each NO men

Upper House: Five membersappointed by U. S. Congress

Third StageTotal population isMOM than60,000 inhabitants

\ICAO's elect delegates to write a state constitution

Submit petition for stat,hood to U. S. Congress

Receive approval of Congros to enter Federal Unionon equal tenns with other states

Elect fq appoint state government ofib ak vordingo the state constitution

I -cLup in terms ofco titution

Ordinance was the model by which thirty-one ofthe fifty American states advanced from territoriesof the United States to statehood.

Civil Liberties and Rightsin the Articles of Compac

The 1787 Northwest Ordinance includes six"Articles of Compact." A compact is an agree-ment between two parties, which may not bebroken without mutual consent of those who madeit. The Northwest Ordinance says that the fol-lowing six articles "shall be considered as articlesof compact, between the original States and thepeople and States in the said territory, and foreverremain unalterable, unless by common consent."The Articles of Compact provide civil liberties andrights to the people; government officials mayNOT legally take away these rights or liberties.

ARTICLE I. Provides freedom of religion.

ARTICLE II. Guarantees the privilege of thewrit of habeas corpus. A writ of habeas corpusrequires officials to bring a person whom they havearrested and held in custody before a judge in acourt of law. Officials who are holding the pris-oner must convince the judge that there are lawfulreasons for holding the prisoner. If the judge

22

finds their reasons for holding the prisoner unlaw-ful, then the court frees the suspect. The writ ofhabeas corpus is a great protection for individualsagainst government officials who might want tojail them mily because they belong to unpopulargroups or criticize the government.

Several other rights are guaranteed to personsaccused of crimes, such as trial by jury, protec-tion against cruel and unusual punishment, andprevention of excessive bail as a condition ofrelease from jail while awaiting a trial. Finally,ARTICLE 11 says that persons are protectedagainst government acts that would deprive themof life, liberty, or property without doe process(fair and proper legal procedures) and that woulddeprive them of property without fair compensa-tion.

ARTICLE III. States the importance of schoolsand education for all people. This article alsostates that the Indian people of the NorthwestTerritory should be treated fairly.

ARTICLE IV. Indicates several responsibilitiesof territories and states, which include the obliga-tion of paying a fair share of taxes, of respectingand abiding by tto Articles of Confederation (laterthe Constitution of the United States), and ofperpetual membership in the Federal Union.

3 1

ARTICLE V. Provkl for min into theUnion of not, less than three nor more than fivestates from the Northwest Terrib ay, These states"shall Iv admitted" into the United States "on anequal footing with the original states, in all re .speck whatever; and shall be at liberty to form apermanent constitution iuul State government,"Of course, people in the territory seeking state-hood had the responsibility of following exactlyall provisions of the Northwest Ordinance.

ARTICLE VI. Bans slavery or involuntaryservitude (having to work for others against one'swill).

Iteviewing and Itellecling on Facts ant Ideas1. Define the following terms. Give an example

that fits each definition. Explain how eachtern fits into or is related to the 1787 North-weu Ordinancea, ordinanceb. compactc. civil libertiesd, writ of habeas corpuse. republican form of gov rnment

2. What are main differences in the first, second.and third stages of government, prescribed in theNorthwest Ordinance? Identify at least threedifferences between stage one and stage two.Identify at least three differences between stagetwo and stage three.

J. Whot civil liberties niul rights of the )0ople areprovided by the Northwest Ordinance') Selectthree of these civil liberties and rights that youthink are the most important. Why, in yourjudgment, ore they more important than theother liberties and rights?Look at a copy of the first ten amendm nts tothe Constitution of the United States. These

dments are known as TvIE BILL OF'S. Examine Article I, Sections 0 and 10Constitution. Compare the civil liberties

and rights provided by the Northwest. Ordinancewith those provided in the specified parts ofthe Constitution.a, Which liberties and rights are provided in both

documents?b. Which rights and liberties are provided in the

Constitution but, not, in the Northwest Ordi.nonce?

e, Which liberties and rights are provided in theNorthwest Ordinance but not, in the Con.stitution of 1787 and the Bill of Rights of1701?

5, Many American leadersineluding PresidentsFranklin Roosevelt, Theodore Roosevelt, Wash-ington, and Lincolnhave strongly praised theNorthwest Ordinance. Do you agree with theirviews? Why?

6, Is it important for Americans today to knowabout the Northwest Ordinance? Write a briefessay in response to this question.

Franklin County Seminary, 1830The Northwest Ordinance provided for schools and the stored as a reminder of that heritage. Courtesy Indianameans of education. This building remains today, re Division, Indiana State Library.

32 23

24

A Scene on the WabashEngraved after a painting by George Winter

Various Indian tribes inhabited the lands of the NorthwestTerritory in 1787. Over the next thirty years. as the pio-neer settlers of the United States moved westward, thegovernment removed the Indians via treaties to open thelands for settlements. Artist George Winter in the 1830sand 1840s sketched some of the few Indians remaining innorthern Indiana. The bulk of his work remains at theTippecanoe County Historical Association, Lafayette,courtesy Mrs. Cable G. Ball. Winter was surprised by thenon-traditional appearance of the Indians and fully docu-mented their lifestyle in his journals and paintings. TheIndiana Historical Society published his journals in 1948.

Teaching Plan for Lesson 5

What Does the Northwest OrdinanceSay about Governance?

i'rcview of Main Points

The purpose of this lesson Is to nerenst'dents' knowledge of certain parts of the NorthwestOrdinance that pertain to territorial governmentand achievement of statehood.

Curriculum ConnectionThis lesson is suitable for use in A merican

history courses in junior high/middle school and inhigh hehool coUries in American history, govern-ment, and eivieN. Teachers of junior high/middlesehool courses will most likely want to use theabridged and edited version of the NorthwestOrdinance, which is attached to the lesson, as thesource of evidence in responding to items 1 to 16in the lesson. High school teachers will probablywant to use the complete version of the document,which is located in the Appendix.

Objectives

Students are expe ed to:1. Demonstrate knowledge of processes and plans

for government in the Northwest Ordinance byresponding correctly to items 1 to 15 in thelesson.

2. Support ',heir responses to each item by listingthe correct reference to a paragraph or para-graphs in the Northwest Ordinance.

3, Practice skills in locating, comprehending, andinterpreting information in a primary source.

Suggestions for Teaching the LessonOpening the Lesson. Inform students of the

main points of the lesson. Make sure that studentsunderstand the directions for the lesson. It mightbe helpful to complete item 1 together in orderto be certain that everyone understands how tocomplete all items in the lesson and how to use theprimary source to carry out the assignment.

Developing the Lesson. Have students work in-dividually or in small groups to complete responsesto all fifteen items of this lesson. If students areassigned to work in small groups (four or five to agroup), encourage them to interact with one an.other as they complete the items.

Have various students report their answers tothe items in the lesson. Require students to sup-

port their answers with speetNorthwest Ordinance. Askmake judgments about the responsto the fifteen items in this lesson.

theits to

rs

Concluding the Lesson. Ask students to explainwhat each item in the activity has to do with ter-ritorial government and achievement of statehood.Encourage students to raise questions about themeaning of provisions of the Northwest Ordi-nance that pertain to governance. Identify and dis-cuss basic principles and values about governmentand citizenship in the United States that areembodied in the Northwest Ordinance and areassociated with the main ideas of this lesson,For example, basic principles and values, such asmajority rule, separation of powers, nile of law,limited government, and constitutionalism, areembodied in the Northwest Ordinance, Askstudents: what basic principles and values in theAmerican heritage can be found in this document?Ask them to identify basic civic principles andvalues in our heritage that are not in this doe-ument.

Answers to Items 1 - 15

1. NO, Paragraphs Nos, 4,8,102. NO, Paragraph No. 83. YES, Paragraph No. 54. NO, Paragraph No. 85. NO, Paragraph No. 106. YES, Paragraph No. 107. YES, Paragraph No. 108. YES, Paragraph No. 109. YES, Paragraph No. 1810. NO, Paragraph No. 1111. NO, Paragraph No. 1119. YES, Paragraphs Nos. 12,1813. NO, Paragraphs Nos. 3-714. YES, Paragraph No_ 316. YES, Paragraph No. 10

25

An ORD NANCE for the GOVERNMENT Of the 'RRITO-KY Of the UNITED STATES, North-Weft of ti:C: RIVEROHIO.r ORDAINV y th: United Statei in C affcmbkd, That the raid tenitory, for the porpores of lem170'y gcom ,n t , b. uno diltriet; fuojea, li,vvevcr, o bc divided into two diiiritu, as Mute cireirmilancet may,opierre ol congith, make it expedient.

U. it Of tind by thT Au thori y aiorefaid, That the Oates both of refident and non-refident proprietor, in the laid ter-ritory, dying in rotate, Nall &Amid to, kind be dieributedamong thei. children, and the defeendants of a deceafed childin Lepel par ; die ddcee.l.ints of a deceafed child or grand-child, to take the Aare of their deceared parent in equal palls

them : And wis:re there (hail be 1.0 children or dercendants, then in equal parts to the next of kin, in equal degree ;An.1 am :nit co trih, the children of a deeeafoi brother or filler of the intellate, (hall have in equal patk4 among Oita/their dere4f:1 pereets th ire I and there (hall in no cafe be a ditlindion betwilen kindred of the whole end hall blood ; fa-vii.g le ail cares ro the widow ot the to teilate, lief thitd part of the real edam fur life, and one third part of the perfonsinate; aid this law reletive to defeents and dower, (hall remain in full force until altered by the legillature of the dif-triet, --And until the governor and judges &all adopt laws as herein afte4 mentioned, dates in the raid' tetritoy

may be devifed or neveathed by wills in writing, figned and reakd by him or her, in whom the Oat: may be, (beingof furl age) ald attetled by three witneffes ; and real Mates may be conveyed by !eau and releare, or bargain and

figned, f;a1A, and deliveterf by the rare: being of tell age, in whom the Ow maybe, end smelled by two wit,neffa, provided firth wills be duly proved, aed fuch conveyances be acknowledged, or the eaccution thereof duly pro-ved, and be recorded within one year after proper magiillattt, courts, and retliers thall be appointed for that purpole ;

perfon mal prop2trv ay be transf:rred by delivery, raving, however, to t c f tench and Canadian inhabitants, andtether rollers ol act Katkaikies, Saint Vincent's. and the neighbouring villages, who have heretofore profeired thernfelvescitizens of Vitginia, their la.vs and curium, now in force among them, relative to the defcent And con eeyence of

i

pro-perly.

B:. t ordained by the authority afore.faid, That there fhall be. appointed fromtime to time, by Congrefs, a governor,whore commiffion (hall continue in force for the term of three yean, unlers fooner revoked by Congrefs; he Mall refide

told have a freehold cam therein, in one ihourand acres of land, while in the tiered; of his afice.There fhAll bo appinted from time to time, by Conyers, a fecretary, whore comn.illion thell continue in force for

tChin years, unlers fooner revoked, he lhall rade in the diflril, arid have a freehold date therein, in five hundred acre.of land, whil: in the esereile of his office; it Mall be his duty to keep and ;native the aas and laws pared by the le-gillature, and the public record: of the dirlria, and the proceedings of the governor in his xecutive departmeot , andminfinit authentic copies of ruch Os and proeeedings, every fie months, to the fecretary of Congrert Them &all al-To be appointed a court to media of three judges, any two of whom to form a court, who then have a common law ju-rifdiclioe, and reticle in the diftria, and have each therein a freehold date in five hundred acres of land, while in theexacife of their office' ; and .heir commilliont (hall continue in forte doing good behaviour.

The governor and judges, or a majority of them, Mail adopt and publith in the dillrit, fuch laws of the original/fates, criminal and civil, es may be necell'ary, and bell fuited to the circumllances of the dilirict, and report them toCungrefs, from time to time, which laws ihell be in forte in the din rict until the organization of the general airembltherein, ualefedifapproved of by Conyers ; but afterwards dale legillature Ihall haveauthority ro :dm thou as they ththink fit.

The goveenor for the time being, &ail be commander in chiefof theroilitia, appoint and coremillion all officers in thefame, belOw the rank of general officers ; all general officers (hall be appointed and commillioned by Congrefs.

Previous to the organization of the ger era! &trembly, thegovernor fhall appoint fuch reagifirates and other civil of-ficers, in each county or townfhip, as h il find necellary for the prelervation of the peace and good order in the fameAfter the general allembly (haft be orga. the powers and dutiesof magiftram and other civil officers Lhall be regu-lated and defined by the faid &trembly ; . magillrates aed other civil officen, not herein otherwife direded, fhall,during the contiauance of this teroporary.governmera, be appointed by thegovernor.

For the prevention of crimes and injuries, the laws to be adopted or made [ball have force In all parts of the diflriL, andfor the eazeution of ptoccfs, criminal and civil, the governor than make proper divifions thereof--and he Mall pioceedfrom time to time, as circumflances may require, to layout the parts of the diflrift in which the ladian titles (hall haveb:en extinguiffied, into couuties and townfhips, lubjett, however, to fuck alteration% as may thereafter be made by thelegillarure.

So foon As there ffiall be five thourand free male inhabitents of full age, In the dillrift, upon riving proof thereofto the govetnor, they fhall receive authority, with time and place, to elect reprefvntatives from their counties or town-Mips, to reprefent them in the general alrembly ; provided that iur every Eve hundred free male inhabitants there frilbzone reprefentative, and loon progrellively with the number of free male inhabitants, than the right of reprefentatieelincreafe, until the number of reprelentatives fhall amount to twenty-five, after which the number end proportion of ri-prerentatives ffiall bz regulated by the legillature ; provided that no perfon be eligible or qualified to ael as a repro_fentative, unlefs he than have been a citizen of one of the United States three yeats and be a refident in the ditirict, oreiders he ffiall have refided in the rtifiria three years, and in either cafe fhall likewire hold in hisown right, in fee fen-plc. two hundred icras of land within the fame r.Provided an, that a freehold i. fifty acre% of land in the difirict,having been a eltizzn of one of the ilatee, and being refident in the dniriet ; or the like freehold and two years rcfi-&nee in the dirtria ffiall be neceilary to qualify swan as an eleaor ofa reprefentative.

26

*** OO OOO OOO OO O OOO OOOO O O

The Ordinance of 1787Reproduced from a copy in the National Archives

Courtesy Lndiana Historical Society

35

Less n 5

What Does the Northwe t OrdinanceSay about Governance?

R,ead each of the folio '-1 -, i

idewhether or not eaci atement c 1")beecsasituation that agrees with the words of the North-west Ordinance. If so, answer YES. If not, answerNO. Circle the correct answer under each state-ment.

Pind the part of the Northwest Ordinance thatsupports your answer, Identify the paragraph(N)in the document by assigning to themfrom number 1 at the beginning of t ie document

to number 18 at the end of it). Be prepared toexplain your responses,

CLUE: Answers to these items can be found inparagraphs number 3 through number 18 or theNorthwest Ordinance. See the abridged andedited copy of the document that is attached tothis lesson, or your teacher may ask you to workwith a complete and unedited version of the doe-unwnt.

1. Power to make laws was granted only to tlwgovernor during the first two stages of ter-ritorial government.

YES NONumber that identifies the relevant para-graph(s):

2. All males over t nty-one years of age, whohad lived in the territory for at least threeyears, were eligible to be elected as rep-resentatives in the state legislature (GeneralAssembly),

YES NO

Number that identifies the relevant para-graph(s)

The governor had the power and duty tocommand the state militia (armed forces) andto select all officers below the rank of generaL

YES NONumber that identifies the relevant para-graph(s):

All white adults were eligible to vote in elec-tions of representatives to the territorial gov-ernment.

YES NO

Number that identifies the relevant para.graph(s):

The term of office for a member of theHouse of Representatives (the lower house) of

the territorial legislature (General Assembly)was five years.

YES NONumber that identifies the relevantgraph(s). .r._.

-a

6, In order for a bill (proposed law) to be pasedby the territorial legislature, it had to receivea majority vote of the members of the Houseof Representatives (lower house) and theLegislative Council (upper house).

YES NO

Number that identifies the relevant para.graph(s).

7. Before a bill passed by the t rritorial leg-islature could become a law, the governorhad to approve it; if he vetoed (rejected) it,the legislature could do nothing to overturnthe veto.

YES NONumber that identifies the relevant p a-graph(s).

8. A territory bad to include more than 5,000free, adult male inhabitants before it waspermitted to elect representativesiqorial legislature.

YES NO

to a ter-

Number that identifies the relevant papa-graph(s):

27

A ten tory with more than 60,000 free Mimi).Rants could hold 1k uonvention to write aconstitution and apply to the United StatesCongress for statehood.

YES NO

Number that identifies the relevant para.graph(s);_____

10. The eligible voters in a territory could elect arepresentative to t ie United States Congressfrom the territory.

YES NO

Number that identifies the relevant para.graph(s):

The territorial representative to the UnitedStates Congress had the same rights andduties as any other member of the Collo(

YES NO

Number that identifies the relevant para-graph(s)!

12. When a territory was accepted into the Unionas a state, it was considered equal in status,rights, and responsibilities to all other states.

YES NO

Number thit hient ifies the relevant pam-graph(s):,_

1:1, When a turritory hati less than 5,000 inhab-itaiits, it was governd (tired ly by (heAvid of the United Statel:.

YES NO

iher I hat identifies the rthivatitgra 9,

in a Li to with lower tutu .00tiiu,ts, the governor was aj )JiWuiti by the I i

ted SI ates Congress.Y NO

Nuniber that identifies the relevant para.gra

In a territory with fewer than 60,000 inhabi.the United States Congress appointed

members of the upper house of the territor-ial legislature (the Legislative Council).

YES NO

Number that identifies the relevant para.-graph(s)!_.

le Cedar Grove Baptist Ciurch, 1812The Northwest Ordinance provided for freedom of reli- is one of many religious institutions that remaingious belief and worship. This Franklin County structure state as a reminder of that enduring freedom.

28 37

in the

THE 1787 NO 'ST 01 -N NCH (Ideas on Goveriui

Follow -11 the Northwest Ordinance, which indici'stablig/iccj and how a territory could achieve statehood. Numbeparagraphs in document, from 3 to 18; paragraphs 1 andthe middle of the document.

3, there shall be apr intime by Congress a governor, whose corn missionshall continue in force for the term of three years..

There shall be appointed . by Congress, asecretary, whose commission shall continue inforce for four years. shall also beappointed a court to consist cand their commissions shallduring good behavior.

judges . .

iii foce

4. The governor and juft s, or a majority ofshall adopt and publish in the district such

laws . . as may be necessary . , which laws shallbe in force in the district until the organizationof the general assembly therein, unless disapprovedof by Congress; but afterwards the legislature shallhave authority to alter them as they shall think fit.

5, The governor . shall be commander inchief of the militia, appoint and commission allofficers in the same, below the rank of generalofficers; all general officers shall be appointed andcommissioned by Congress... .

8. So soon as there shall be five thousand freemale inhabitants, of full age, in the district . . .

they shall receive authority ... to elect representa-tives from their counties or townships, to representthem in the general assembly . .. provided that noperson be eligible or qualified to act as a rep-resentative, unless he shall have been a citizen ofone of the United States three years and be aresident in the district . .. and ... shall hold in hisown right . . . two hundred acres of land within thesame: Provided also, that a freehold in fifty acresof land in the district, having been a citizen of oneof the states, and being resident in the district ...shall be necessary to qualify a man as an elector ofa representative,

9. The representative thus elected, shall servefor the term of two years....

10. The general assembly, or legislature, shallconsist of the governor, legislative council, and ahouse of representatives. The legislative councilshall consist of five members, to continue in officefive years. . . . [Members of the House of Repre-sentatives nominated ten candidates for the Leg-

w government wasdesigmitc the order of

as are s('veral paragraphs in

islative Council, and tho United States Congresspicited five of them to servo on the LegislativeCouncil.) And the governor, legislative council,

house of representatives, shall have authorityIce laws in all cases for the good governnwnt

of 1h district, not repugnant [opposed to theprinciples and articles in this ord Mance. Andalt bills having passed by a majority in the house,and by a majority in the council, shall be referredto the governor for his assent; but no bill or leg-islative act whatever, shall be of any force withouthis assent, . .

11. . . As soon as a legislature shall he formedin the district, the council and house . . . shallhave authority . . . to elect a delegate to Congresswho shall have a seat in Congress, with a right ofdebating, but not of voting, during this temporarygovernment.

18. There shall be formed in the said territory,not less than three nor more than five states . .and whenever any of the said states shall have sixtythousand free inhabitants therein, such state shallbe admitted . . . into . . . the United States, on anequal footing with the original states, in all respectswhatever; and shall be at liberty to form a per-manent constitution and state government: Pro-vided the constitution and government, so to beformed, shall be republican [government byelected representatives of the people), and inconformity to the principles contained in thesearticles. .

29

. 1 r-qrtil 1141e frtil *f 11, t mit) / IrtNiSlit

I. tt.111..1:,,

A New Map of Part of the United States ofNorth America Exhibiting the

Western Territory .

13i John Cary 1805. Courtesy lndiananstorical Society.

view of Main nts

Tcachng Plan for Lesson 6

What Does the Northwest Ordinance Sayabout Civil Liberties and Rights?

purpose of this lesson is 1.0 qvili Stu.dents' knowledge of certain parts of the North-west Ordinance that pertain LO civil tihrrues andrights,

Curriculum A

lids lesson is suitableh istory courses

high school co-mmit, and civics.

use in Amiddle school and

Nmeriean history, govern-:hers of junior high/middle

01 courses wi I most likely want to use theabridged and edited version of the Northwest.Ordinance, which is attached to the lesson, as thesource of evidence in responding to items 1through 10 in the lesson. High school teacherswill probably want to use the complete and un-edited version of the document, which is locatedin the AppendLx.

Objectives

Students are expected to:1. Demonstrate knowledge of civil liberties and

rights in the Northwest Ordinance by respondingcorrectly to items 1 through 10 in the lesson.

2. Support their responses to each item by listingthe correct reference to an article in the Articlesof Compact of the Northwest OrdMance.

3. Practice skills in locating, comprehending, andinterpreting information in a primary source.

Suggestions for Teaching the LessonOpening the Lesson. Inform students of the

main points of the lesson. Make sure that studentsunderstand the directions for the lesson. It mightbe helpful to complete item 1 together in orderto be certain that everyone understands how tocomplete all items in the lesson and how to usethe primary source to carry out the assignment.

Developing the Lesson. Have students workindividually or in small groups to complete re-sponses to all ten items of this lesson. If studentsare assigned to work in small groups (four or fiveto a group), encourage them to interact with oneanother as they complete the items.

Have various students report their answers tothe items in the lesson. Require students tosupport their answers with specific references to

the Northwest Ordi ato make judgments apeers to the ten items

Ask different studentsIL Ow responses of their

this lesson.

Concluding the Lesson, Ask students twhat each item in the activity has to do with civilliherties and rights. By doing this, students hivean opportunity to increase their understanding ofivil lilwrties and rights in the Anwrican heritage.

Ask students to identify basic civil liberties andrights in the American heritage that, can lw foundin the Northwest Ordinance. Ask them to identifybasic civil liberties and rights in the American heri.owe that are not found in the Northwest Ordi-nance.

Answers to Items 1 -101. YES, Article V2, NO, Article I3. NO, Article VI4. YES, Article V5. YES, Article III6. NO, Article II7. YES, Article II8. NO, Article V9. NO, Article If10, YES, Article II

.T

fk,is

INDIAN LAND CESSIONS

Ilarriwn's Tug fitsI ha-IMO

Jun sills the h3wner. PotawatoMiami, 1 Rec, W, Kin, Piatikath and Kaska% Isia.

II, August 13, UO3, t Vbieeimr, ith the KaskaskiAugust lei and 27, 18 04, *t Viucune, with the Delawares and Pianka-

show.

IV. November 3, laul, at St. Look, with the Sauk and Fuses.V. August 21, 1103, at Grouse land, with the Delawates, potawatomi,

Eel Rivere, and Wra.December 30, Mt gt Vincenne h the Piankashaw.

VII. September 30, 1309, at FortMiami, Eel Rivers, and We].

VIII. December 9, 1309, at Vincennes, with the Rickapon,

with the Delawares. Pntawa

-7 -

John 11 Barnhart and Dorothy L. I

110. e0Iontal Period I Indian:apt) lis°

82

son 6

What Does the Northwest Ordinance Sayabout Civil Liberties and Rights?

t Iead t,ch of the follow g statements. Decidevhether or not each stteiiwflt d

situation that agrees with the words of the North-west Ordinance. If so, answer YES. If not, answerNC). Circle the correct answer under each state-ment.

Find the part of the Northwest Orthnnmp thatsupports your answer. CIAJE: Answers to these

I !two y servituYES

Number of Article:NO

ran be foittid in the Art' e of Cornthe hitter part of the Northwest Ordinance.tify the number of the Article (INI) that supportsyour answer to cacti item. itir to the abridgedand edited version Jf the Northwest Ordinancethat is attached to this lesson, or your teacher mayask you to work with a complete and uneditedversion of the doc ment.

lB i

2. Only people with Christian religious beliefs I

full rights of citizenship.

YES

Number -f \nide:

3. Persons held as slaves in another territory orstate could be taken into the Northwest Ter-ritory and held there as slaves.

YES NO

Number of Arti

n order to be admitted into the Union, a ter-ritorial government had to draft a state con-stitution that agreed with every part of theArticles of Compact of the Northwest Or-dinance.

YES

Number -1 Article:NO

5. Schools and other means of edtication were tobe encouraged by territorial and state govern-ments.

YES NO

Number of Article:

42

de-

YES

Number of ArtickNO

7. Property rights were protected by law.YES NO

Nu Aier of Article:

S. Inhabitants of a territory could draft a con-stitution that provided any type of government:as long as it was approved by the majority of theeligible voters of the territory, it would be ac-ceptable to the United States Congress.

YES NONumber of Article:

9. Only property owners had the right of trial byjury if accused of a crime.

YES

Number of Article:NO

10. The government had no right to interfere withprivate contracts made lawfully and withoutfraud.

YESN ber of Article:

NO

'ollowing are excerptsCouzpact " in the Northwe"Articles" proclaimed basic civil liberties mid nigh sfor the people living on the frontier nnd on nide ofthe originel thirteen states of ql States,

Ies

Article the First. No person deL-1_ g [con-ducting' solt I a peaceable awl orderly alaa-hCr shall ever be molested on account of his modeof worship or religious sentiments lbeliefsI

Article the Second. Ttsrritory lmll always be entitled te

it of habeas corpus and of LIa proportionate representation

Its of IA, of

' rial by Jury;_e people

in the legirlature, anti of judicial proceedingsaccording to the . . common law; all personsshall be bailable unless for capital offences, wherethe proof shall be evident, or the presumptiongreat; all fines shall be moderate; and no cruel orunusual punishment shall be inflicted; no manshall be deprived of his liberty or property butby the judgment of hi jeers, or the law of theland; and should the uhie [need) . . make itnecessary, for the common [good] . . to takeany person's property, or to demand his par-ticular services, full compensation shall be madefor the same; and in the just preservation of rightsand property . . . no law ought ever to be madeor have force in the said territory, that shall . . .

interfere with or affect private contracts....

Article the Third. Religion, Morality, and know-ledge, being necessary to good government and thehappiness of mankind, Schools and the means ofeducation shall forever be encouraged. The utmostgood faith shell always be observed towards the

34

India heir lands and property shall never hetaken from them without their consent; and intheir property, rights, and liberty, they nevershall be disturbed, unless in just and lawful warsauthorised by Conoess....

Article the Fourth, The &ml I ritory, lied theStates which may be formed therein, shall foreverremain a part of this confedera y of the UnitedStates of America, subject to the Articles of Con-federation, and to such alterations therein asshall he constitutionally made... ,

Article the Fifth. There shall be formed in thesaid territory, not less than three nor more thanfive states . . . and whenever any of the said statesshall have sixty thousand free inhabitants therein,such state shall be admitted . . . into . . . theUnited States, on an equal footing with the originalstates, in all respects whatever; and shall be atliberty to form a permanent constitution andstate government: Provided the constitution andgovernment, so to be formed, shall be republican[government by elected representatives of thepeople] and in conformity to the principles con-tained in these articles....

Article the Sixth. There shall be neither slaverynor involuntary servitude in the said territory,otherwise than in punishment of crimes whereofthe party shall have been duly convicted...

Sta e Making und

Preview of Main Points

This lesson is about events involved in statemaking under the Ordinance of 1787. It tellshow five states were carved out of the NorthwestTerritoryOhio (1803), Indiana (1810), Illinois1818), Michigan (1837), and Wisconsin (1848).

Curriculum Connection

This lesson can be used in junior log iiddieschool and high school courses on Americanhistory. It fits standard textbook treatmentsabout the westward movement and nationaldevelopment during the first half of the nineteenthcentury.

Objectives

Students are expected to:1 Identify major events in the making of five

states out of the Northwest Territory.2. Know when and .naj.)r events developed in

the making of five .tves out of the NorthwestTerritory.

3. Understand the relationship of the Ordinance of1787 to state making in the Northwest Ter-ritory,

4. Know about population growth and its relation-ship to state making in the Northwest Territory.

5. Analyze data about the Northwest Territorypresented in maps and a table.

Teaching Plan _or Lesson 7

the Northwest Ordinance,1803-1848

Suggestions for hing the LessOnOpening the Lesson. I lave students rend the

introduction to the lesson, which lists the statesof the Northwest Territory with dates of theirentry into the Federal Union. Ask students tocomment on the relationship of the Ordinanceof 1787 to the making of these five states; ask:what did the Ordinance 1787 have to do withstate making in the Northwest Territory? In-dicate that the main point of this lesson is stuto

icing under terms of the Ordinance of 1787.

Developing the Lesson. Show students thevarious maps in this lesson that illustrate how theNorthwest Territory was divided and states weremade from 1800 to 1848. Use the maps as away of giving students an overview of the statemaking process in advance of reading the mainpart of the lesson.

Have students read the main part of the lesson.Next tell them to complete items 1 to 3 in theset of learning activities at the end of the lesson.

Conduct a classroom discussion of items 1 to 3.Assign items 4 and 5 at the end of the set oflearning activities.

Concluding the Lesson. Conduct a classroomdiscussion of item 4. Require students to useevidence in the table at the end of the lesson toback up answers.

In response to item 5, call upon a student toread his/her topic sentence and paragraph. Askother students to critique the paragraph. Repeatthis procedure three or four more times.

lobto.2q act opproNIAApf:11

From: R. Carlyle Bu ley, The Old NorthwPioneer Period, 1815-1840 dianapolis: Indiana Historical Society, 19 .

36

I816-1111NOIS ADMITTEDuct, twor,-.04.1 April it,ii.1.011,-)aft terrLiorydcti alt. of Lipp,. PalliTt'

31Iitilli.fiftb4r j,

8 8WISCONSIN TEMIT RIP DIV DED

By act prooed June 12, effectIve. July3,1838

IStONsiTER-IUTOKY

4

L sson 7

State Making under the Northwest Ordinance,1803-1848

he Northwest Territory included an area ofmore than 265,000 square miles. From 1803

to 1848, the Ordinance of 1787 was used to makefive states in the Old NorthwestOhio (1803),Indiana (1816), Illinois (1818), Michigan (1837),Wisconsin (1848), Furthermore, a small portionof Wisconsin Territory became part of Minnesota,which entered the Federal Union in 1858. TheNorthwest Ordinance was also the framework bywhich states were created across the Great Plainsto the Pacific Coast. In all, thirty-one of the fiftyUnited States of America entered the FederalUnion tinder principles of the Ordinance of 1787.

Beginnings of Government in theNorthwest Territory

On October 5, 1787, Congess elected a ov-ernor, secretary, and three judges to govern theNorthwest Territory according to provisions ofthe Ordinance of 1787. General Arthur St. Clairwas elected governor. Born in Scotland, St. Claircame to North America with a British regimentdurir:, the war against France, 1754-1763. Afterthe war, he settled in Pennsylvania. Later hefought with George Washington in the War ofIndependence. St. Clair was serving as presidentin Congress on July 13, 1787, when the Ordi-nance of 1787 was passed.

In July, 1788, Governor St. Clair axrivedMarietta, a settlement located at the confluenceof the Ohio and Muskingum rivers. Marietta hadbeen founded on April 7 of that same year byarmy veterans of the War of Independence; itwas the first permanent settlement of the North-west Territory under American administration.On July 27, Governor St. Clair established Wash-ington County, the first governmental unit with-in the Northwest Territory and, in cooperationwith the secretary and three judges, began hisduties of governance at Marietta.

Act of Congress Dividing the NorthwestTerritory, 1800

in 1799, the Northwest Territory had morethan 5,000 adult male inhabitants and entered thesecond stage of government under the Ordinanceof 1787, Voters elected the lower house of aterritorial legislature. In 1800, the U. S. Congress

divided the Northwest Territory into two parts.The eastern partwhich continued to have thename of Northwest Territoryincluded the presentboundaries of Ohio and a small area in the easternpart of today's state of Michigan. The westernpartwhich was given the name of Indiana Ter-ritorycomprisc..d the rest of the previous ter-ritory. The territorial capital of the NorthwestTerritory was Chillicothe in what would soon beOhio; Vincennes became the capital of IndianaTerritory.

Miliam Henry Harrison was appointed the figovernor of the Indiana Territory, The map ondage 45 shows the first division of the NorthwestTerritory in 1800, which created the IndianaTerritory.

Ohio Mmittcd to the Federal Union, 1803Ohio was the first state to be made under the

Ordinance of 1787. Steps toward this end weretaken in 1802, after the census indicated a pop-ulation of more than 45,000 in the NorthwestTerritory. A petition was submitted to Congressasking for permission to create a constitution andbegin to form a state government. Congress passedan enabling act, signed by President ThomasJefferson on April 30, 1802, to permit the easternportion of the Northwest Territory (Ohio) to be-come a state of the Federal Union. A state con-stitution was drafted, and on February 19, 1803,Ohio was recognized by the U. S. Congress as theseventeenth state of the Federal Union.

Acts of Congress Creating the Territoriesof Michigan and Illinois, 1805 and 1809

On January 11, 1805, an act of Congress createdthe territory of Michigan from "all that part ofthe Indiana Territory which lies north of a linedrawn east from the southerly bend, or extremeof Lake Michigan, until it shall intersect LakeErie, and east of a line drawn from the said south-erly bend through the middle of said lake to itsnorthern extremity and thence due north to thenorthern boundary of the United States.- Thecreation of Michigan Territory left Indiana Ter-ritory with the area now occupied by the statesof Indiana, Illinois, Wisconsin, the upper penin-sula of Michigan, and the portion of Minnesota

46 37

that is east of the MiissippI Riven Theritorial division made by the 180.5 act of Con-gress is shown in the map on page 45.

Meanwhile, residents of Indiana were anxious tomove to the second stage of territorial government.At first Governor Harrison opposed this move,but he put the matter before the voters. In a pub-lic election in September, 1804, Indiana votersfavored the advance. So on December 4, 1804,Governor Harrison proclaimed Indiana to be in thesecond stage of territorial government and calledfor an election of representatives to establish alower house of the territorial legislature; theelection was held in January, 1805.

On February 3, 1809, another act of Congrfurther divided Indiana Territory and thetebycreated the territory of Illinois, which is shown inthe map on page 45. Indiana Territory in 1809was left with nearly the state boundaries of todayexcept that the upper peninsula of Michigan wasstill part of Indiana and a small strip of land alongthe south shore of Lake Michigan, now in Indiana,was then part of Michigan Territory.

Indiana and Illinois Admittedto the Federal Union, 1816 and 1818

During the early years of the 1800s, the popu-lation of Indiana and Illinois territories expandedrapidly. In 1800, each of these territories hadless than 3,000 inhabitants. By 1810, Indianahad more than 24,500 inhabitants, and Illinoishad more than 12,000.

In 1811, the lower house of the Indiana ter-ritorial legislature passed a resolution in favor ofstatehood. The Council, or upper house, agreed,and the statehood resolution was sent to the U. S.Congress, where it was studied by committees ofthe House of Representatives and Senate. TheIndiana resolution said that the people of theerritory "Born and educated in different states

of the Union in the enjoyment of civil and polit-ical rights . . . think it hard to be in a degree, dis-franchised as a people . . . and pray that they mayhave the liberty of forming a constitution."

Members of Congress seemed ready to grantstatehood to Indiana even though the number ofinhabitants in the territory was well below thestandard for statehood set in the NorthwestOrdinance. However, the War of 1812 postponedserious efforts at state making in Indiana. Severalmonths after the end of the war, in December,1815, the territorial government of Indiana for-warded another petition for statehood to Congess.This time, the population of the territory wasclearly more than 60,000, the number required fortatehood by the Ordinance of 1787. Congress

passed an enabling act, permitting Indiana to write

President lamessigned it on April 19, 1816. Later hat year onl)eeenther Ii, 1816, Indiana entered the FederalUnion as the nineteenth state. See the map onpage 45 that shows the state boundaries ofIndiana in relation to other states a d territories ofthe Old Northwest.

Soon afterwards, Iressurea mounted to grantstatehood to Illinois, even though the populationwas only about 40,000. A majority in Congresswanted to add another state without slavery to theFederal Union as soon OS possible. Mississippi,where slavery was permitted, had entered theFederal Union in 1817 as the twentieth state,and the issue of slavery in the western territoriesand states was becoming a hut national contro-versy. An enabling act for Illinois statehood waspassed on April 18, 1818, and on December 3,1818, Illinois became the twenty-first state ofthe Federal Union. See the map on page 36 thatshows the boundaries of Illinois and other stateswid territories of the Old Northwest at the endof 1818.

Making the States of Michigan ( 7and Wisconsin (1848)

In 1827, Michigan had more than enough in-habitants to enter the second stage of territorialgovernment under the Ordinance of 1787. Tenyears later on January 26, 1837, Congress ap-proved admission of Michigan as the twenty-sixth state of the United States.

Admission of Michigan to statehood had beenheld up by a boundary dispute with Ohio, whichwas resolved by Congress in favor of Ohio. Michi-gan was compensated by having the upper penin-sula area included within its boundaries instead ofin the new Wisconsin Territory, which was createdby an act of Congress in 1836. See the maps onpage 39 that show boundaries of the state ofMichigan and the territory of Wisconsin.

The population of Wisconsin grew rapidly from1840 (approximately 31,000) until 1850 (morethan 300,000). By 1848, Wisconsin Territoryhad many more inhabitants than the number re-quired for statehood, which was granted by Con-gress on May 29, 1848.

Overview of Population Growth of Territoriesand States of the Old Northwest, 1800-1850

The five states made from the Old NorthwestOhio, Indiana, Illinois, Michigan, and Wisconsinwere rich in natural resources, especially fertilefarmland and abundant forests. These resourcesattracted settlers seeking land and opportunity.The table on page 40 shows the rapid populationgrowth of the territories and states of the OldNorthwest from 1800 to 1850.

4 7

Revle ing and Iteflecting on Facts and ideas1, Examine the following list of dates, What is

the significance of each date in the process ofstate making in the Old Northwest?a. October 6,1787b, April 7,1788c. February 19,1803d. January 11,1805

February 3,1809f, December 11,1816g, December 3,1818h. January 26,1837I. May 29,1848

2. ExaaIir1tY the VfltU)U fl11j1 .11 thitiinformation in these maps to answer the fohlowing questions.a. liow was the North% Territory divided

in 1800?b. How was the Indiana Territory divided in

1805?c. flow wits the Indiana Territory divided in

1809?d. How many states had been made from the

Northwest Territory of 1787 by 1818?Name these states.

e. What states were made between 18 8 and1848 from the Northwest Territory of 1787?

f. What was the smallest state to be made ftomthe Northwest Territory of 1787?

g. What 'us the furst state to he made from theNorthwest Ter

h. What was the last state to be made from theNorthwest Territ ry of 1787?

3. Describe the state making process in Ohio, asit was carried out under the Ordinance of 1787.

4, Examine information in the table on page 40 .

Use evidence from this table to deckle which ofthe following statements are true or false.a. By 1850, Ohio had more people than any

state In the United States,b, By 1850, Indiana ranked seventh in po

Hon among all the t at's made from theNorthwest Territory,

c. The state with the least number of people in-he Old Northwest, from 1800 to 1850, was

Wisconsin.d, Population density in Indiana was greater

than population density in Michigan.e. The rate of population gowth in Wisconsin

was greater than the rate of populationgrowth in Michigan from 1840 to 1850.

5. What is the main idea of the table? State thismain idea as a topic sentence. Follow up thetopic sentence with a paragraph that supportrthe topic sentence with evidence from the table.

Wisconsin Admi ci

From: History of the Ordinance of 1787 and the OldNorthwest Territory (Marietta. Ohio: Northwest TerritoryCelebration Commission. 1937

4

Minnesota Admitted

'FABLEPOPULATION G1tOWTII OF T11I )1,1) NORTH% . 'FUfflITORIES

and STATES, 1800 . 1850

11 Ind.111=1 1.1800

IL

Pop, 42,161 2,517 2,457 3,757No. persq. mile 1.1

1810

Pop, 230,760 24.1i20 12.282 l 762N,), prrsq. mile 5.7 0.7 0 2

1820

Pop. 581,295 197,178 55,162 8,765No, persq. mile 14.3 1.1 1 0.1Rank 5 18 24

1 30

Pop. 937,903 343,031 157,445 31,639No. persq. mite 23 9,6 2.8Rank 4 13 20

1840

Pop. 1,519,467 685.866 476.183 212,267 30,915No. persq. mlle 37.3 18.1 8.5 3.7 0.6Rank 3 10 14 23

1850

Pop. 1,980,329 988,416 851,470 397,654 305,391No. persq. mile 48.6 27.5 15.2 6.9 5.6Rank 3 7 11 20 24

From: B. A. ffinsdalc, The (Ed Nr.) ,

Townsend MacCnun, 1888), 395.

40

York:

Teaching Plan for Lesson 8

The Northwest Ordinance andIndiana's Advancement to Statehood, 1800-1816

Preview of Main Points

This lesson is based on a collection of docu-ments or primary sources that. provide evidence ofIndiana's progress from the status of a territoryof the United States to a state within the FederalUnion, on equal terms with the other states. Ex-cerpts from documents, preceded by brief com-mentaries that set a context for examination ofthe primary sources, are the substance of thislesson. These materials show the main steps onIndiana's road to statehood, which illustrate thefundamental importance of the Northwest. Ordi-nance as a framework within which advancementto statehood occurred.

Curriculum ConnectionThis lesson is suitable for use in American

history courses in junior igh/middle school or inhigh school. Teachers of eighth grade studentsmight expect students to work only with evidencein the main body of this lesson and to writerather brief essays In response to items 3 and 4at the end of the lesson. By contrast, high schoolhistory teachers.might want to have their studentsexplore documents in this lesson in more detailby referring them to the complete versions ofthese documents in the Appendix. Examinationof the complete versions of the primary sourcesmight be viewed as the foundation for fuller andlonger essays in response to items 3 and 4 at theend of this lesson.

Objectives

Students are expected to:1. Comprehend and interpret main ideas in pri-

mary sources about Indiana's advancement tostatehood.

2. Use evidence in primary sources to support orreject statements about Indiana's advancementto statehood.

3. Use evidence in primaxy sources to write, anddefend in discussion, an essay about the relation-ship of the Northwest Ordinance to Indiana'sadvancement to statehood.

4. Use evidence in primary sources to write, anddefend in discussion, an essay about the weak-nesses and strengths of the Northwest Ordi-nance as a means for national development inthe United States.

5. Discuss the uses and limitationsprimary sources in the writinginterpretative, and evaluative cornevents in history.

videncc inescriptive,taries of

Suggestions for Teaching the Less()iiOpenMg the Lesson. Inform st ideas of the

purposes of this lesson. Emphasize that they willbe expected to use evidence located in documentsor primary sources to make conclusions andjudgments about events in the history of Indiana.If necessary, review the meaning of the terms"document" and "primary sources" and discussthe uses of evidence from primary sources in thewriting of history.

Have students read the introduction to thelesson and the excerpt from the first documentabout the "Act Creating Indiana Territory, 1800."High school teachers might want to have theirstudents use the complete version of this doc-ument, which is located in the Appendix:

Ask students to identify the main idea of thedocument.. Then ask what this document showsabout the relationship of the Northwest Ordinanceto events in the advancement of Indiana Territoryto statehood.

Developing the Lesson. Ask students to readall the documents in this lesson and the com-mentaries preceding the documents. Tell studentsto examine and interpret each document in thesame way that the first document was analyzedin the opening phase of this lesson. High schoolteachers may want to have theix students use thecomplete versions of these documents, which arelocated in the Appendix.

Assign the task of completing items 1 and 2 onthe last page of the lesson. Conduct a classroomdiscussion of items 1 and 2. Emphasize relation-ships between answers to these items and evidencein the documents. Require students to back upresponses by referring to evidence located in thedocuments. Use this discussion to help studentsunderstand the uses of evidence located in primarysources to make statements about what did or didnot happen in the past. In addition, you mightwant to discuss the limitations of primary sources,which usually provide a rather incomplete pictureof past events. These limitations necessitate in-terpretation and judgmentsometimes large "in-

41

ferential leaps" On the of the Investigatorevents in history, The limitations associated withthe use of documents may be sources of varyinginterpretations and judynwnts by inve tigators ofevents in history.

Cone utling the Lesson. ilave tLIdents completeitems 3 and 4 at the end of the lesson, which re-quire them to use evidence located in the doc-uments to write brief essays. select two or threestudents to read their essays to the class and assignstudents to be formal respondents to the papers.Then encourage full classroom discussion of the

ideas offered by the m ind the panelor panels of respondents.

Conclude the lesson by discussing the uses andlimitations of evidence from these primary sourcesin describing, interpreting, and Judging events inhi-tory, In particular, ask students to reflectupon differences in their use of evidence to re-spond to items 3 and 4. Point out that items

and 4 involve comprehension and interpretationof ideas and facts located in the documents.Item 4, in addition, requires students to go be-yond the evidence to make evaluations or judg.ments about the events described in the doe-uments,

Indiana Territorial Capitol, Vincennes, 1800-1B13Courtesy Hobert Stevens and Lewis Historical Library,Vincennes University.

Indiana Capitol at Corydon, i8l3-824Courtesy Indiana Division, Indiana State Library

Lesson 8

The Northwest Ordinance andIndiana's Advancement to Statehood, 1800-1816

ndiana was one of five states created from theNorthwest Territory. This was achieved in

1816. The other four states were Ohio (1803),Illinois (1818), Michigan (1837), and Wisconsin(1848). Following are descriptions of main events

progress of Indiana from a territory to astate in the Federal Union. These events, ofcourse, were in accord With the provisions of the1787 Northwest Ordinance, which was the legalfoundation for Indiana's advancement tohood.

Act Creating Indiana Territory, 1800The federal government passed a law in 1800 to

divide the Northwest Territory into two parts.One part consisted mainly of land that would be-come the state of Ohio. The other part wasIndiana Territory, and it included all of the presentstate of Indiana, all of the land that would becomeIllinois and Wisconsin, a large part of the futurestate of Michigan, and a small part of Minnesota.William Henry Harrison of Virginia was appointedthe first governor of the new and huge IndianaTerritory. Following is an excerpt from the federallaw creating Indiana Territory on May 7, 1800,

An Act to divide the tenitory of the United Statesnorth-west of the Ohio, into two separate governments.

Be it enacted . . . that . . . part of the territory or theUnited States north-west or the Ohio river shall, for thepurposes of temporary government, constitute a separateterritory, and be called the Indiana Territory.

And be it further enacted, That there shall be establishedwithin the said territory a government in all respects simi-lar to that provided by the ordinance of Congress, passedon the thirteenth day of July one thousand seven hundredand eighty-seven, for the government of the territory of theUnited States north-west of the river Ohio; and the inhabi-tants thereof shall be entitled to, and enjoy an . . . therights, privileges and advantages granted and secured to thepeople by the said ordinance....

Harrison Land Act, 1800

Harrison, at this time a delegate to Congressfrom the Northwest Territory, was concerned thatsettlers have a fair opportunity to buy land in thenorthwestern country. However, most settlerscould not afford to pay for 640 acres of land, thesmallest portion one could buy under the existinglaw, Harrison influenced the federal government

52

to puss the Land of 1800, which reduced theminimum area of land a person was required tobuy from 640 acres to 320 acres (called a halficetion). The price of land was set at $2 an acre.

to make it even easier to acquire land, aperson could huy on credit at 0 percent interest.After making a small down payment, a settlercould agree to pay off the debt within four yous.

Harrison's Land Act made it easier for pioneersto come to Indiana Territory and settle on theirown land. In 1804, another Land Act reduced theminimum land purchase to 160 acres. Followingis an excerpt from the Harrison Land Act (May10, 1800),

the lands shall be offered for :ale in sections andhalf sections... ,

One,fourth part of the purchase money shall be paidwithin forty days after the day of sale . another fourthpart shall be paid within two years; another fourthpart within three years; and another fourth part within fouryears after the day of sale.

Interest, at the rate of six per cent a year, from the dayof sale, shall be charged upon each of the three last pay.ments..

Indiana Moves to the Second Stageof Territorial rAvi nment, 1804

The 1787 Noithwest Ordinance inclu ed threesteps for moving from territorial St_ t'is to state-hood. In the first, stage, the territory was governeddirectly by the federal government through ap-pointed officials. Laws for the territory were madeand enforced by the territorial governor and threejudges.

Indiana was ready for the second stage of ter-ritorial government in 1804. According to theNorthwest Ordinance, a territory had to have morethan 5,000 free adult, male inhabitants in orderto be ready for the second stage of government.Indiana Territory met this requirement; so thevoters could elect members to a territorial Houseof Representatives, which could participate inmaking laws for the people rnembera represented.

Governor Harrison called for an election in1804. Eligible voters were adult white males,who owned at least fifty acres of land. Followingis an excerpt from the Executive Journal thatreports Governor Harrison's Proclamation, Decem-

ber 5, 1804, that Indiana Territory had passedto the econd stage ofgovernment,

. the governor Issued e proclamation in which hemak es known and Declares the Oak! Indiana Territory is andfrom henceforth shall be deemed to have passed Into thesecond or representative grade of Government and that theGood people of the Territory, . . are entitled to all therights and privileges belonging to that situation, ...

. . an Election shall be held In each of the severalCounties in the Territory . for the purpose of choosingthe members of the House of Representatives, , and thatthe said representatives Elected . . should meet at theTown of Vincennes kin the first day of Fehniary neNt forthe purpose of choosing members for the LegislativeCouncil,

Acts Dividing Indiana Territory, 1805 and 1809In 1805 the federal government passed a law

that divided Indiana Territory into two parts. Thearea that would comprise most of the state ofMichigan was separated from Indiana and calledthe Michigan Territory. Since 1803, Ohio hadbeen a state of the Federal Union. The remainderof the area, which in 1787 was called the North-west Territory, was part of Indiana Territory in1805. This area included all of the land thatwould become the states of Indiana, Illinois,Wisconsin, and parts of Michigan and Minnesota.

In 1809, the federal government passed a lawto create the Illinois Territory. This law reducedthe Indiana Territory to the area that would be-come the state of Indiana in 1816 plus a smallarea that would later be part of Michigan. Follow-ing is an excerpt from the Act Dividing the IndianaTerritory, February 3, 1809.

Be it enacted That . . all that part of the Indiana Ter-ritory which lies west of the Wabash river, and a directline drawn from the said Wabash river and Post Vin-cennes, due north to the territorial line between theUnited States and Canada, shall, for the purpose oftemporary government, constitute a separate Territory,and be called Illinois....

Expansion of the Right to Vote, 1811The 1787 Northwest Ordinance limited the right

to vote to free white males of twenty-one years ormore, who lived in the district, and who ownedat least fifty acres of land in the district. The rightto vote (suffrage) was extended to more peopleby federal laws made from 1808 to 1811. As of1811, the right to vote in the Indiana Territorywas given to any free white adult male who paid asmall county or territorial tax. Voters wereallowed to elect the territorial delegate to Congressand members of the territorial Legislative Council(upper house), who previously had been appointedby the Congress of the United States, as requiredby the 1787 Northwest Ordinance. Following

44

is an _ fir811,

Ile It enacted. , That earl, and every free white maleperson, who Rhall have attained the age of twenty.00eyears, and who shall have paid it county or Territorial tax,and who shall have resided one year in said TerritorY,previous to any general election, end he at the time of anysuch election a resident of raid Territory, shall he entitledto vote for members of the Legislative Council rmd Houseof Representatives of the Territorial Legislature, and for

Deiegote to the Congress of the United States for saidTerritory

Memorial for Statehood, 1815Indiana Territory had a population of more than

60,000 in 1815. According to the 1787 North-west Ordinance, the territorial government hadthe right to petition for statehood whenever theterritory had more than 60,000 inhabitants.Following is an excerpt from the Memorial forStatehood, December 11, 1815.

. . , we . . . pray the Honorable Senate and llouse ofRepresentatives, in congress assembled, to order an dee-don, to be conducted agreeably to the existing laws of thisTerritori, to be held In the several counties of this Ter-ritory . . for representatives to meet In convention_the convention thus assembled shall have the power to forma constitution and frame of Government....

. . we . , . express to the General government, ourattachment to the fundamental principles of Legislation,prescribed by congress In [the Northwest Ordinance]partieulruly as respects personal freedom and involuntaryservitude, and hope that they may be continued as thebasis of our constitution.

The Enabling Act, 1816

Committees in both houses of Congress studiedthe Indiana petition for statehood. An EnablingAct, to permit Indiana to hold a convention towrite a state constitution, was passed by the Houseof Representatives and the Senate. PresidentJames Madison signed it on April 19, 1816. Fol-lowing is an excerpt from the Enabling Act.

. . the inhabitants of the territory of Indiana . arehereby authorized to form for themselves a constitutionand state Uovernment . . . and the said state, when formed,shall be admitted into the union upon the same footingwith the originW states, in all respects whatever....

. . an male citizens of the United States, who shallhave arrived at the age of twenty one years, and residedwithin the said territory, at least one yeu previous to theday of election, and shall have paid a county or territorialtax . . are hereby authorized to choose representativesto form a convention ....

. . the convention shall be . , . authorized to form aconstitution and state government. . . That the same,whenever formed, shall be republican, and not repugnantto [the Northwest Ordinance] ....

5 3

INDIANA Tr RR ITCIts It dohi int, if

krrilory 1"4' IIi tirlitea Sto141norONisl i 014 01, '07

A.t orraat Mg!,, 7, eT4 dIv 4, MOO,

0,0

5-01t t 0 -A

_

000

4_1.103 T_M1,C 1 JIGAN T E IMITOKI i

1 d.. approajaatiaty 11,1LA1 cfr..tcltA1/4, 30, 1605 1

M6INDIANA ADMITTEDmubtins act approoci Apra. 19,1816.

Indiana- admitted. Dicc,zrnber 11,1816.

Que. ortmut..1

21.,

From: IL Carlyle Buley, The Old XorihuPeriod, flI5l4O (Inc1ianpoIis; Indiana IIty, 1'450).

Pjjiii eerSocie.

54 45

Indiana's First Cimstita ion andItot,olution of Adinksion, 1810

,Ati Indiana COWILitutiinifil Convent Ifni met atCorydon on June 10, 1810. There were forty,throe delegates. They finished their work by sign,Ih tho Indiana Constitution on une 29, 1010,The Congress mid president of the Ittlited Statesapproved thiA INork. On December 11, 1516,President James Mndison approved the resolutionof Congress to admit Indiana to the FethIniInditma became the nineteenth state, Following isan excerpt from the Resolution of Admission.

the people of (Indiana) Territory did . . by aconvention called for that purpose, form for IlleMSOVI'Sconstitution And State government, which constitution andState government, so formed, ii republican, and in eon-formay with the principles of the article; of compact (ofthe Northweo, Ordinancol

Resolved by the Congress . That the Ibite ofIndiana shail he one of the United Stales of America,snit !omitted into do, t -at) .ffltea) renting with theoriginal States, in all respects whatever.

Interpreting Primary SourcesUse evidence from the documents in this lesson

to respond to the activities and questions that

1. What is the main idea of each of the documentslisted below?a. I-Jamison Land Actb. Suffrage Actc, Memorial for Statehoodd. Enabling Acte. Resolution of Admission

2. Which of the following statements can be sup.portod with evidence from the documents(primary sources) in this lesson? Be prepared tobad( up your responses by referring to evidencein preoeding documents and commentariesabout the documents.a. Indiana Territory moved directly from the

first stage of territorial government to state-hood.

b. The Harrison Land Act made It more dif-,ficult for the Indiana Territory to achievestatehood.

c. The federal government passed lows aboutsuffrage in Indiana Territory that expandedthe right to vote provided by the 1787 North-west Ordinance.

d. Indiana Territory in 1805 was about the same-'size as the state of Indiana today,

r. Inhabitants of Indiana were supposed toenjoy civil liberties and rights provided by the1787 Northwest Ordinance.

3. Write a brief essay in response to the followingquestion. To what extent did Indiana's progress

I) !41..4itillhLii)it 1is1hiv the tideS Net TOttil hi theNtirlhWegl Ordeeetee? Went itY titil dkeleeiainnicil of conformity lo Northwest Ordi.nance and examples or dpvialoo rpm) if. Makejudgments about whether or not deviatiowifrow the Northwest Ordinance were beneficialor harmful Lo the people of Indintia.

4, Write a brief essay in rsponse to this questioDoes Indiana's progress to statehood show thevalue or the Northwest Ordinance in the de:velopment of the United States? Discuss weak.110/4S4'4 1111(1 strengths of the Northwest OrdinanceLai a Meanti of government and of protectingthe civil rights and liberties of the people.

William Henry Hartigan by Barton HaysCourtesy Robert Wallace and Indiana Historical Bureau

46

Teaching Plan for Lesson 9

TImetable of Ma n Events Associated withthe Enactment and Application

of the Northwest Ordinancets

of theuence on ttcluevet

Indiana, Illinois, Michigan

('urrkuhim ConnectionThis lesson is suitabh,

history courses for junior high/midi

cate facts.2. U. e a time table to answer quest ions abou

chronol wy of main events associated withNorthwest Ordinence.

rrange major events in chroatch main events with

events,5. Interpret facts presented in a timetable in order

to construct explanations about the relation-ships of events associated with the making ofthe Northwest Ordinance.

t " associated

cu

lance andM ()hal,

in AnwrmranIs or

d to:to use a timetable (

order.of those

Suggestions for Teaching the Lesson

Opening the Lesson. This lesson might be usedas an overview to a textbook section on the North-west Ordinance, which will be included in the text-book chapter on the Constitutional Convention. Ifso. ask students to read the events in the timetableand to raise questions about the making of theNorthwest Ordinance, its reNtionship to events inthe making of the Constitution, and its influenceon national development ii the United States.Questions raised in this clastroom discussion mightbe answered by the textbook chapter, which wouldbe read after discussing this timetable.

This lesson might be used also as a review ofmaterial covered in a textbook chapter about theNorthwest Ordinance and the making of the Con-stitution of the United States. If so, ask studentsto read the events in the timetable and to use thelisting as an aid to summarizing and reviewingmaterial covered in the textbook chapter.

Developing the Lesson. Have students use themetable to complete Activitmec 1 and 2 at the

end of the lesson.l':iets in Chrotmim,Activity.

Discuss c(3rrect anu

swers are at the r'id o

activities (I ) ArrangingI Order, and (2) tqatehing

Concluding the Lesson . I

the third and fourth activilesson.

in activity 4final activity involves inter

ionses. Theranswers of r

port of responses,

ith tti hnts. The

lcts com

Answers to Activities

1. Events below are listedSigning of the Treaty of PqVirginia Act of CessionMeeting of the Annapolis ConventionPassage of the Northwest OrdinanceConclusion of the Constitutional Convention

in PhiladelphiaRatification of the Constitution of the United

StatesBill of Rights added to the United States Con-

stitutionEstablishment of the Indiana TerritoryCreation of the state of OhioConclusion of the Constitutional C nvention at

Corydon, IndianaIndiana became the nin tec th state of the

United StatesCreation of the state of Wisconsin

ogical order.

2. Answers to Matching Activity: Roman numeralsire those from List A that belong in the spacesf List B.

VIVIIIVIIIll

IViiVX

(10 ) IX

6

(1)(2)(3)

47

C()UtEy Indiana Ilictoric I Soietv

48

Lesson 9e of Main Events Associated with

the Enactment and Applicationof the Northwest Ordinance

events ie:ioilated with t Northwaplasir below

order, This list inelmks three parts: (1) ever. ;preceding 1787, (2) events of 1787 (when ka.Northwest Ordinance was passed) until 1791, and(3) events bann 1800 to 1858,

L Even Preceding 1787

A.January 2, 1778. Governor Pntrfrk 1k ory ofrkVirginia wrote (0 Colonel George

to instruct him in a Inksion to Klands north and west of the Ohio 1carrying out thin mission, Clark 11

kept the British from occupying Kentuckyduring the American War of Independenceand enabled the United States to elalm landnorth and west of the Ohio River at the end ofthe war.

B. July 4, 1778. American forces led by GeorgtRogers Clark captured the British garrison atKaskaskia in the Illinois country (at the junctionof the Mississippi and Kaskaskia rivers).

C. February 26, 1779. American forces led byGeorge Rogers Clark took Vincennes andFort Sack ville (at the junction of the Ohio andWabash rivers) from the British.

D.October 10, 1780. The Continental Congresspassed a "Resolution on Public Lands" sayingthat land ceded to the United States by partic-ular states would be settled and formed even.Wally into separate states.

E. March 1, 1781. All thirteen states of the UnitedStates of America ratified (approved) the Ar.ticks of Confederation, the first constitutionof the new country.

F. September 3, 1783. The United States andGreat Britain signed the Treaty of Paris, of-ficially ending the War of Independence. TheBritish government recognized the sovereignty(independence) of the United States, and theTreaty established the boundaries of the newnation.

G.December 20, 1783. The legislature of Virginiapassed the Virginia Act of Cession, whichyielded the state's claims to lands in the westernpart of the country to the United States.

H.March 1, 1784, The United States Congressaccept d the Virginia Act of Cession.

1. April 23, 1784, Congress approved the Ter.ritorial Ord tanner of 1781, written by ThomasJefferson, to serve an t Ilan for temporary gov-ernment of the western territories. Although itwas never put into effect, this plan influencedthe content of the 1787 Northwest Ordinance.

.1, May 20, 1785. Congress passed the laindOrdinance of 1785, which was a plan for divid-ing and selling land in the western territories.

K.May 0, 1786, committee of Congress, headed.bonies Monroe of Virginia, made a report

ahout a plan for governance of the NorthwestTerritory that would be the basis for the nub.sentient Ordinance _of 1787.September 11.14, 1786. The Annapolis Con-vention was held. Delegates from five statesNew York, New Jersey, Delaware, Pennsylvania,and Virginiaattended this meeting in Anna-polis, Maryland. The convention issued a reportthat called upon the thirteen states to sendrepresentatives to a new convention to be heldin Philadelphia in May, 1787, for the purpose ofrevising the Articles of Confederation,

M.September 18, 1186. Monroe's committee ongovernment in the Northwest Territory wasreorganized: William Johnson of Connecticutbecame chairman, and Nathan Dane of Mas-sachusetts joined the committee. Dane madeimportant contributions to the Ordinance of1787 and was the compiler of the final draftof the ordinance.

Events of 1787 to 1791

A. February 21, 1787. Congress approved a con-vention in Philadelphia to revise_ the Articles ofConfederation.

B. May 25, 1787, A quorum of delegates fromseven states arrived in Philadelphia to start themeeting known as the Constitutional Conven-tion,

C. July 13, 1787. While the Constant: .nal Con-vention met in Philadelphia, the Congress of theConfederation enacted the Northwest Ordi-nance, which was a plan for governing the ter-ritory north and west of the Ohio River. Free-dom of religion, right to trial by jury, and publiceducation were asserted as rights of the people.Slavery was banned,

49

D. Septeritber 17, 1787. Each ((Mega voted to approvethe Constitution, which had

,icipants in the Ct,nsti lut ionalnt l'hiladelphai. The Co

E. September 20, 1787.proposed Constitution from theConvention,

F.Sei4ember 28, 1787, Congress voted to sendthe Cmistitution to the legislature of each

C. Congrm asked each state to hold aspecial convention, which would either ratify(approve) or reject the Constitution.

C. October 5, 1787. Congress selected a governorand other officers for the Northwest Territoryaecording to the terms of the Ordinance of1787, The first governor was Arthur St. Clair.April 7, 1788, Veterans of the War of hide-pentlenee founded Marietta, at the conflu-ence Of the Ohio nod Muskingum rivers. ThisWati the first permanent settlement of the North-west Territory after it was organizedOrdinance of 1787.

I. June 21, 1788. New l-tarnjshire was the ninthto ratify the Constitution, According to

VII of the Constitution, nine states hadto ratify the Constitution to make it the law ofthe lend.

J. April 1, 1789. The House of Representatives,elected under the new Constitution, was or-ganized, with thirty of its fifty-nine memberspresent.

K. April 6, 1789. The Senate met, with nine ofits twenty-two members present. As requiredby the Constitution, senators counted ballotsthat had been cast by presidential electors anddeclared George Washington first president ofthe United States.

L. April 30, 1789. George Washington was in-augurated as first president of the UnitedStates under the Constitution of 1787.

M.September 25, 1789. Congress approved twelveproposed amendments to the Constitution,which would provide certain civil liberties andrights to the people.

N.December 15, 1791. Virginia was the eleventhstate to ratify ten of the constitutional amend.ments proposed by Congress. Three fourths ofthe states had now approved them, as requiredby Article V of the Constitution. These tenamendments are known as the Bill of Rights.

, welveii copy 0.1.

Inn hyConvention

-eived thePhiladelphia

Events of 1800 to 1858A.May 7, 1800. A law was enacted by the federal

government that established the thdiana Ter-ritory.

B. February 19, 1803. Ohio became the first stateformed from the Northwest Territory. Ohio

50

en retiestate,

C. Deeming- rclaimed thatto the "seemernment" tintOrdinance

linion iv; t venleenth

804, Governor I laInd huni Territory had advanrerlor representative grade of (v

provisions of the Northwest

D.January 11, 1805. An art of Congressthe Territory of Miehigni

E. February 3, 1809.the Territory of Illi

F. December 11, 1815, A petit ion for statehoodwas approved by the Indiana legislature andsent to the Congress of the United States. Thepetition claimed that Indiana Territory had metconditions required for statehood establishedby the Northwest Ordinance.

G.April 19, 1816. The federal governan Enabling Act that provided for eleelidelegates to a convention to write a const tu.don for state government in Indiana,

11,June 10, 1816. Delegates assembled at Corydonto write a constitution for state government inIndiana.

I. June 29, 1816. Delegates to the Indianastitutional Convention signed the new constitu-tion.

J. December 11, 1816. Jame Madison, presidentof the United States, approved a resolution byCongress admitting Indiana to the Federal Unionas the nineteenth state.

K.Deeember 3, 1818. Illinois was admitted to theFederal Union as the twenty-first state.

L. April 20, 1836. An act of Congress created theTerritory of Wisconsin.

M.January 22, 1837. Michigan was admitted tothe Federal Union as the twenty-sixth state.

N.May 29, 1848. Wisconsin was admitted to theFederal Union as the thirtieth state.

O.May 11, 1858. Minnesota became the thirty.second state. A portion of the state, east of theMississippi River, had been part of the originalNorthwest Territory.

leated

An act of Congress created

5 ti

e 'JIIIiUt able

Chronoh.N( )'F In

ige these ihouiq and wortior (th.c order in iieh

ley happened) on a separate piece of taper,en Events

Ratification of 1 he Constitution of theStates

b. Signing of the Treaty of Parisc. Establishment of the Indiana Territoryd. Virginia Act of Cessione, Passage of the Northwest Ordinalf. Indiana became a state of the I mng. The Bill of Rights was takled to the United

States Constitution,h, Meeting of the Annapolis Conven nI. Conclusion of Constitutional Convent ion

in Philadelphiaj. Conclusion of the Con tttutional (Juuiveit

in ('orydonk. The state of Ohio was create II, The state of Wisconsin was creat

2 Matching Activity. Match the dates in LIST Awith the correct events in LIST 13. Write theRoman numeral corresponding to oach datein LIST A in the correct space next to an eventin LIST B.

L ST ASeptember 3,1783May 7,1800December 16,1791December 11,1816

V September 17,1787VI September 11,1786VII July 13,1787VIII June 21,1788IX June 29,1816X December 20,

LIST B1) The Annapolis Convention

(2) Ratification of the U.S. Constitu_(3) Passage of the Northwest Ordinance

_(4) Ratification of the federal Bill of Righ_(5) Signing of the Treaty of Paris(6) Indiana achieved statehood.

Indiana Territory established(8) Conclusion of the convention that wrote

the Constitution of the United StatesVirginia Act of Cession

__(10) Conclusion of the convention that pro-duced Indiana's first constitution

3, kistorythey entered di

hs5,

.1 in theion. When dal each

of I hehe state: enter the Fccleral ion?

huerprin the 1

II

g Timetable. Refer to factsnetalik, to respond Iii the below,

Identify throe events tl-lat had aflucnee on the content of theOrdinance.Identify (hrt events thatNorthwest Ordinance affectwilt of statehood in Indiana,Which five events in the 'fin

major in-Northwest

dicato how thethe achieve-

most imp°early historythips0 t_1VetitS in chyour choices.

' igt!table are theevents in the

iited States? List.;len) order Ex plain

tap

1

keir,44,22.2

t

52

2'

;4

Upper Terriwries of the United States, 11416By F. Lucas, Baltimore and Philadelphia, 1/417. CourtesyIndiana Historical Society,

61

Appendix

Documents

This Appendix includes fifteen documents th8t are used. inabridge(listed be ow,

1, Clark's Letter of instruction, 17782, Resolution of Congress on Public Lands 17 03. Treaty of Paris, 17834, Virginia Act of Cession, 17835. Ordinance of 17846, Land Ordinance of 17857. The Northwest Ordinance, 17878. Act Creating Indiana Territory, 18009. Harrison Land Act, 1800

10. Proclamation: Announcing That Indiana Territo HadPassed to the Second Grade, 1804 75

11, Act Dividing Indiana Territory, 1805 7612 Act Dividing Indiana Territory, 1809 7713. Indiana Suffrage Act, 1811 7814. Memorial for Indiana Statehood, 1815 79

Indiana Enabhng Act, 1816 81

lessons of this- volume. The documents are

5455575961656970

Clark's L

IN COUNCIL, W'BURG, Jany. 2 I77S,

Colonel George Rogers Clark:You are to proceed with all convenient speet

raise seven companies of soldiers to consist of fiftymen each, officered in the USW manner & armedmost properly for the Enterprize, & with thisForce attack the British post at Kaskasky.

It is conjectured that there are many pieces ofcannon & military stores to considerable amount

lace, the taking and preservation of whichwould be a valuable acquisition to the state Ifyou are so fortunate therefore as to suer,your Expedition, you will take every pvMeasure to SMUT the artillery & stores & what-ever may advantage the state.

For the Transportation of the Troops, pro-visions, &c., down the Ohio, you are to apply tothe Commanding officer at Fort Pitt for Boats, &during the whole Transaction you are to takeespecial care to keep the true Destination of yourForce secret. Its success depends upon this.Orders are therefore given to Cape Smith tosecure the two men from Kaskasky. Similar con-duct will be proper in similar cases, It is earnestlydesired that you show Humanity to such Britkhsubjects and other persons as fall in your hands. Ifthe white Inhabitants of that post & the neigh-bourhood will give undoubted Evidence of theirattachment to this State (for it is certain they livewithin its limits) by taking the Test prescribed byLaw & by every other way & means in their power,Let them be treated as fellow citizens & theirpersons & property duly secured. Assistance &

Document 1

ter of Instruction, 1778Prom: Indiana IIj,trie,iI Sudety Ii rfmon, VoluMe 1,Number 1. Prneeedings of the Indhina I rieal Society,

NNG (IfIllitiniqmpliA: The Bowen Merrill ('o 1897).

.ction against all Enemies whatever shall beafforded them & the Commonwealth of Virginiais pledged to accomplish it. But if these peoplewill not accede to these reasonable Demands theymust feel the miseries of war under the directionof that Humanity that has hitherto distinguishedAmericans & which it is expected you will everconsider as the Rule of your Conduct & fromwhich you are in no instance to depart,

The Corps you are to command are to receivethe pay & allowance of Militia & to act under theLaws & Regulations of this state now in force. TheInhabitants at this Post will be informed by youthat in case they accede to the offers of becomingCitizens of this Commonwealth a proper garrisonwill be maintained among them & every attentionbestowed to render their commerce beneficial, thefairest prospects being opened to the Dominionsof both France & Spain.

It is in contemplation to establish a post nearthe Mouth of Ohio. Cannon will be wanted tofortify it. Part of those at Kaskasky will be easilybrought thither or otherwise secured as circum-stances will make necessary.

You axe to apply to General Hand for powder &lead necessary for this Expedition. If he can'tsupply it the person who has that which Capt.Lynn brot from Orleans can. Lead was sent toHampshire by my orders & that may be deliveredyou. Wishing you success, I am

Sir,Your hble. se

P, HENRY.

53

Document 2

Resolution of Congress on Public Lands, 1780From: Worlhinotoo Ftotl, et al., edx,, Jounads of Ow

Congrol; 171,14 7? (3-1 yids,* Washinglon,R 1910), 1d:916,

ResOlVed, that the unappropriated lands thatmay be ceded or relinquished to tho United States,by any particular States, pursuant to the recom-mendation of Congress on the 6 day of Septemberlast, shall be disposed of for the common benefitof tho United States, and be settled and formedinto distinct republican States, which shall becomemembers of the Federal Union, and shall havethe same rights t f sovereignty, freedom andindependence, as tbe other States; that eaeh Statewhich shall he so formed shall contain a suitableextent of territory, not less than one hundred normore than one hundred and fifty miles square, oras near thereto as circumstance will admit;

That the necessary and reasonable expeneeswhich any particular State shall have incurred sincethe commencement of the present war, in subduingany of the British posts, or in maintaining forts orgarrisons within and for the defence, or in acquir-ing any part of the territory that may be ceded orrelinquished to the United States, shall be reim-bursed;

That the said lands shall be granted and settledat such times and under such regulations as shallhereafter be agreed on by the United States inCongress aasembled, or any nine or more of them.

aaa 4.. I-

54

a

t_

a. - a .7

.11N-

Fort Wayne in 1794Courtesy Indiana Historical Society

64

°T

[Article 1 recogin. ze the indepem nce of tUnited States.]

[Article 2 defines the boundaries of the UnitedStates: the Atlantic on the east, the Mississippi onthe west, approximately the present boundary onthe north, and the 31st parallelwhich excludedFlo ida and New Orleanson the southj

ARTICLE 3

It is iigreed that the People of the United Statesshall continue to enjoy unmolested the Right totake Fish of every kind on the Grand Bank and onall the other Banks of New-foundland, also in theGulph of St. Lawrence, and at all other Places inthe Sea where the Inhabitants of both Countriesused at any time heretofore to fish. And also thatthe Inhabitants of the United States shall haveLiberty to take Fish of every Kind on such Partof the Coast of New-foundland as British Fisher-men shall use, (but not to dry or cure the same onthat Island) And also on the Coasts Bays & Creeksof all other of his Britannic Majesty's Dominions inAmerica, and that the American Fishermen shallhave Liberty to dry and cure Fish in any of theunsettled Bays Harbours and Creeks of NovaScotia, Magdalen Islands, and Labrador, so long asthe same shall remain unsettled but so soon as thesame or either of them shall be settled, it shall notbe lawful for the said Fishermen to dry or cureFish at such Settlement, without a previous Agree-ment for that purpose with the Inhabitants,Proprietors or Possessors of the Ground.

ARTICLE 4

It is agreed that Creditors on either Side shallmeet with no lawful Impediment to the Recoveryof the full Value in Sterling Money of all bonafide Debts heretofore contracted.

ARTICLE 5

t is agreed that the Congress shall earnestlyrecommend it to the Legislatures of the respectiveStates to provide for the Restitution of all Estates,Rights arid Properties which have been confiscatedbelonging to real British Subjects; and also of theEstates Rights and Properties of Persons residentin Districts in the Possession of his Majesty's Arms,and have not borne Arms against the said United

Document 3

Treaty of Paris, 1783"n-- Farr nlid and Eilen

ration and ('oiMittiiuii, 1 78 ILink, er 'city of South Cordina Prom, 1 a6s),

States. And that Persons of any other Descriptionshall have free Liberty to go to at*, Part or Partsof any of the thirteen United States and thereinto remain twelve Months unmolested in theirEndeavours to obtain the Restitution of such oftheir Estates Rights & Properties as may have beenconfiscated. And that Congress shall also earnestlyrecommend to the several Stateg, a Reconsklera-Lion and Revision of all Acts or Laws regarding thePremises, so as to render the said Lfiws or Actsperfectly consistent, not only with Justice andEquity, but with that Spirit of Conciliation, which,on the Return of the Blessings of Peace shoulduniversally prevail. And that Congress shall alsoearnestly recommend to the several States, thatthe Estates, Rights and Properties of such lastmentioned Persons shall be restored to them, theyrefunding to any Persons who may be now in Pos.session, the Bona fide Price (where any has beengiven) which such Persons may have paid on pur-chasing any of the said Lands, Rights or Properties,since the Confiscation.

And it is agreed that all Persons who have anyInterest in confiscated Lands, either by Debts,Marriage Settlements, or otherwise, shall meetwith no lawful Impediment in the Prosecution oftheir just Rights.

ARTICLE 6

That there shall be no future Confiscations madenor any Prosecutions commene'd against anyPerson or Persons for or by Reason of the Part,which he or they may have taken in the presentWar, and that no Person shall on that Accountsuffer any future Loss or Damage, either in hisPerson Liberty or Property; and that those whomay be in Confinement on such Charges at theTime of the Ratification of the Treaty in Americashall be immediately set at Liberty, and the Pro-secutions so commenced be discontinued.

ARTICLE 7

There shall be a firm and perpetual Peace be-tween his Britannic Majesty and the said States andbetween the Subjects of the one, and the Citizensof the other, wherefore all Hostilities both by Seaand Land shall from henceforth cease: All Pri-soners on both Sides shall be set at Liberty, and his

55

Britannic Majesty oh ll with all convenient speed,and without causing any Destruction, or carryingaway any Negroes or other Property of theAmerican Inhabitants, withdraw all his Armies,Garrisons & Fleets from the said United States, andfrom every Port, Place and Harbour within thesame; leaving in all Fortifications the AmericanArtillery that may be therein; And shall also Order& cause all Archives, Records, Deeds & Papers be-longing to any of the said States, or their Citizens,which in the Course of the War may have falleninto the Hands of his Officers, to be forthwithrestored and deliver'd to the proper States andPersons to whom they belong,

ARTICLE

The Navigation of the River Mississippi, from itssource to the Ocean shall for ever remain free andopen to the Subjects of Great Britain and theCitizens of the United States.

56

ARTICLE 9

in Case it should so happen that any PlaeTerritory belonging to great Britain or toUnited States should have been emiqueed by theArms of either from the other bcfore the Arrivalof the said Provisional Articles in America it isagreed that the same shall he restored withoutDifficulty and without requiring any Compensa-tion.

Or

ARTICLE 10

The solemn 'ACatifications of the present eatyexpedited in good & due Form shall be exchangedbetween the contracting Parties in the Space of SixMonths or sooner if possible to be computed fromthe Day of the Signature of the present Treaty, InWitness whereof we the undersigned their MinistersPlenipotentiary have in their Name and in Virtueof our Full Powers signed with our Hands thepresent Definitive Treaty, and caused the Seals ofour Arms to he affix'd thereto,

Benjamin FranklinFranklin was one of the United States ministers whonegotiated the Treaty of Faris. Courtesy Indiana HistoricalSociety.

Document 4

Virginia Act of Cession, 1783

To all who shall see these presents, we Thomas.fferson, Samuel Hardy, Arthur Lee and James

Monroe the undenvritten delegates for the Com-monwealth in Virginia, in the Congress of theUnited States of America, send Greeting:

Whereas the general assembly of the Common-wealth of Virginia at, their sesions begun on the20th day of October, 1783, passed an act, entitled"An Act to authorize the delegates of this Statein Congress to convey to the United States inCongress assembled, all the right of this common-wealth, to the territory northwestward of theriver Ohio." in these words following to wit:

-Whereas the Congress of the United States did,by their act of the sixth day of September in theyear 1780, recommend to the several states in theUnion, having claims to waste and unappropriatedlands in the western country, a liberal cession tothe United States, of a portion of their respectiveclaims for the common benefit of the Union: andwhereas this Commonwealth did, on the 2d day ofJanuary, in the year 1781, yield to the Congress ofthe United States, for the benefit of the said states,all right, title and claim which the said Common-wealth had to the territory northwest of the riverOhio, subject to the conditions annexed to the saidact of cession. And whereas the United States inCongress assembled, have, by their act of the 13thof September last, stipulated the terms on whichthey agree to accept the cession of this State,should the legislature approve thereof, whichterms, although they do not come fully up to thepropositions of this Commonwealth, are conceivedon the whole, to approach so nearly to them, as toinduce this State to accept thereof, in full con-fidence, that Congress will in justice to this State,for the liberal cession she hath made, earnestlypress upon the other states claiming large tractsof waste and uncultivated territory, the proprietyof making cessions, equally liberal, for the com-mon benefit and support of the union. Be it en-acted by the General Assembly, that it shall andmay be lawful for the delegates of this State, tothe Congress of the United States, or such of themas shall be assembled in Congress, and the said del-egates, or such of them so assembled, are herebyfully authorized and empowered, for and on behalfof this State, by proper deeds or instrument inwriting, under their hands and seals, to convey,transfer, assign and make over unto the United

. Hubert 11, I I,wkimi, Indiana's nond In(I (Indian:11)1)11g: Indiana IIINtorical Burenu, 1969),

States in Congress assembled, for the benefit of thesaid states, all right, title and claim, as well of soilas jurisdiction, which this Commonwealth bathto the territory or tract of country within thelimits of the Virginia charter, situate, lying andbeing to the northwest of the river Ohio, subjectto the terms and conditions contained in the be-fore recited act of Congress, of the 13th day ofSeptember last; that is to say, upon condition thatthe territory so ceded, shall be laid out and formedinto states, containing a suitable extent of ter-ritory, not less than one hundred, nor more thanone hundred and fifty miles square, or as nearthereto a circumstances will admit; and that thestates so formed, shall be distinct republican states,and admitted members of the federal union; havingthe same rights of sovereignty, freedom and in-dependence, as the other states, That the neces-sary and reasonable expences incurred by thisState, in subduing any British posts, or in main-taining forts or garrisons within, and for the de-fence, or in acquiring any part of the territory soceded or relinquished, shall be fully reimbursed bythe United States: and that one commissioner shallbe appointed by Congress, one by this Common-wealth, and another by those two commissioners,who, or a majority of them, shall he authorizedand empowered to adjust and liquidate the accountof the necessary and reasonable expences incurredby this State, which they shall judge to be com-prised within the intent and meaning of the act ofCongress, of the 10th of October, 1780, respectingsuch expenees. That the French and Canadian in-habitants, and other settlers of the Kaskaskies, St,Vincents, and the neighboring villages who haveprofessed themselves citizens of Virginia, shall havetheir possessions and titles confirmed to them, andbe protected in the enjoyment of their rights andliberties. That a quantity not exceeding onehundred and fifty thousand acres of land, promisedby this State, shall be allowed and granted to thethen Colonel, now General George Rogers Clark,and to the officers and soldiers of his regiment,who marched with him when the posts of Kas-kaskies and St. Vincents were reduced, and tothe officers and soldiers that have been since in-corporated into the said regiment, to be laid off inone tract, the length of which not to exceeddouble the breadth, in such place on the northwestside of the Ohio, as a me;ority of the officers shall

6757

choose, and to be afterwards divided , thesaid officers and soldiers in due proportIon, accord-ing to the laws of Virginia. That in case the quan-tity of good lands on the southeast skle of theOhio, upon the waters of Cumberland river, andbetween the Green river and Tennessee river, whichhave been reserved by law for the Virginia Troopsupon continental establishment, should, from theNorth Carolina line, bearing in further upon theCumberhmd lands than was expected, prove In-sufficient for their legal bounties, the deficiencyshould be made up to the said troops, in goodlands, to be laid off between the rivers Scioto, andLittle Miami, on the northwest side of the riverOhio, in such proportions as have been engaged tothem by the laws of Virginia. That all the landswithin the territory so ceded to the United States,and not reserved for or appropriated to any ofthe before-mentioned purposes, or disposed of inbounties to the officers and soldiers of theAmerican army, shall be considered as a commonfund for the use and benefit of such of the UnitedStates, as have become or shall become members ofthe confederation or federal alliance of the saidstates, Virginia inclusive, according to their usualrespective proportions in the general charge and ex-penditure, and shall be faithfully and bona fkledisposed of for that purpose, and for no other useor purpose whatsoever. Provided that the trusthereby reposed in the delegates of this State, shall

58

not be exoeuted, uldetIS three ofpresent in Congress,"

And whereas the said general assem14, hy theirresolution of June 6th, 1783, had constituted andappoinWd us the saki Thomas Jefferson,Hardy, Authur Lee, and James Monroe, delegatesto represent the said Commonwealth in Conpessfor one year, from the first Monday in Novemberthen next following, which resolution remains iofull force: Now therefore know ye that we thesaid Thomas Jefferson, Samuel Hardy, Arthur Lee,and James Monroe, by virtue of the power andauthority committed to us by the act of the saidgeneral assernhly of Virginia before reAl 4,d, and inthe name, and for and on behalf of the said Corn.monwealth, do by these presents convey, transfer,assign, and make over unto the United States inCongress Assembled, for the benefit of the saidtates, Virginia inclusive, all right, title and claim,

as well of soil as of jurisdiction, which the saidCommonwealth hath to the territory or tract ofcountry within the limits of the Virginia charter,situate, lying and being to the northwest of theriver Ohio, to and for the uses and purposes, andon the conditions of the said recited act. In testi-mony whereof, we have hereunto subscribed ournames and affLxed our seals, in Congress, the[first] day of [March] in the year of our Lord onethousand and seven hundred and eight-four, and ofthe independence of the United States the eighL"

Adaptet from Catherine Drinker Bowen, Mirath ut Phila-delphia: The Story of IN. Constitutional Convention, MayIv September, 1787 (Boston: Little, Brown, MG).

Reg(tci be CC .1SI itt

Omitsthe foilw ill adntbat ;saesouth twfrOtti the con-snd by me.

the terri1 stales to the UnitedI or shall be purchased

Ana offered fur sale bY0 distinct states, iii

y as sueli Ceg5I0114say, by p millets of latitude, soI comprehend from north t()

(if latibtdt% hinninu to tOtlOtof 45" no rth of the eq

foss through the lowest pointOhio, mid the nt her through the western cape ofthe mouth of the Great K nraory eastward of this last meridian, tetweerOhio, hake Erie. and Pennsylvania haIi he one

whatsoever may be its comprehension oflatitiele. That which may lie beyond the corn-

ion of the allth degree between the said iiians shall make part of the state adjoining it. on the4outh; and that part of the Ohio which is betweenthe same merklians coinuiding nearly with theparallel of 39" shall be substituted so far in lieu ofthat parallel as a boundary line.

That the settlers on any territory so porshasedand offered for sale shall, either on their own peti.tion, or on the order of Congress, recewe au,hontyfrom them with appointments of time and placefor their free males of full age within the limits oftheir state to meet together for the purpose ofestablishing a temporary government, to adopt theconstitution and laws of any one of the originalstates, so that such laws nevertheless shall be sub-ject to alteration by their ordinary legislature; andto erect, subject to a like alteration. cous0ce,townships .. for the election of members fee therlegislature.

That when any such state shall have acquired20,000 free inhabitants, on giving due proo re-of to Conoess, they shall receive from them au -

thority with appointments of time and place to raila convention of representatives to estabhsh a per-manent constitution and government for them-selves, provided thst both the temporary and per,manent governments he established on theseprinciples as their basis:

First, that they shall forever remain a part ofhis confederacy of the United States of America,

Second, that they shall be subject to the Articles ofConkderation in all those cases in which the

which hnll

1)0 cum

Ordinance of 1784rif Anictira

ico, hie_ 19 titi 1, I 2

at slates shall be so slIl)jeet atiul to all the actsas !Antis! 't tO in gross

assembledshall in no case disposalof the Noll by the n rtnig assem-I nns with the ordinances and regulationswinch tsmgress may find necessary for securing

in such soil to the boas fole purchasers.sled! h !,ubject to pay a part of

tatted or to be contracted, to'hem by t-otiitress, necording to

common rule and measure by whichmnents thereof shall be made on the other

that no tax shah be iniposeti ony of the United States. Sixth,

spertive nments shall bean. Seventh, that the lands of nonresident

trietors shall in no case he axed higher than tof residents within any new state before the ad-mission thereof to a vote by its delegates in Con-

That whensoever any of the saUl states shalihave, of free inhabitants, as many as shall tthhiernlinein any one the least numerous

I states, such state shall be tclniittid by itsrs into the Congress of the United States on

an equal footing with the said original states:provided the consent of so many states in Congessis first obtained as may at the time be competentto such admission. And in order to adapt the saidArticles of Confederation to the state of Congresswhen its numbers shall be thus increased, it shall beproposed to the legislatures of the states, originallysrarties ttus, Ao, to require the as5ent of two-thirdsor the United States in Congress assembled in allhose cases wherein, by the said Articles, the assent

of nine states is now required; which being agreedto by them shall be bioding on the new statOseUntil such admission by their delegates into Con-g. sss, any of the said states after the establishmentof their temporary government shall have authorityto keep a member in Congress, with a rght of de-bating, but not of voting.

That measures not inconsistent with theprinciples of the confederation and necessery forthe preservation of peace and good order amongthe settlers in any of the said new states until theyshall assume a temporary government as aforesaid,may from time to time be taken by the UnitedStates in Congest; assembled,

That thy ;irl icIt hall I!harter oF rtipnrt sludl h luly d by

NI St !zsvni-bled, tinder he hand and I tiltedStates, shall be prouw Iated and hall stand asfundatnental con tit; wiwern the thirteen

Fron/787

nywlytTonsviltbled, and oalteration pro

Diviftlon o n the Ordini 1784Jay A Barrett. Proffitum of the rirdrnartre

New YorIc 0, P, Putnam'ic SOP-1, 18911:

of thy syveral4111111, . lint by t .

'' jU Utingri'SSa Iv vit1iiji which such

The Northwe4Trrritory 14$ Divided trythe NorthweAt Ordinance

From: Peter ti, Omit, "From Conoitution to Higher 141w:The Reinterpretation of the Northwest Ordinance."/WM"' I9H5 94;13,

70

An ; 1. for iaertainIii g of ills,the womorn Territory- the United States ress

territory ceded hy individualJuiteci Stit.es, which has been nar-whal) inhabi shah be disposed

r.f in I tanner:A !..urve -711 :tat, apptonted

by Congo, the States, who'411111) take an Oath fcr the fitt(n) dischargeduty, before t Geographer of the United States,who is htrcby cnimvered and directed to admiip

nub shall be adi in.h chain carrier, hy the surveyor under

so bled,

he

Tin Am, under whose direction thesurveyors shall act, shall ace sionahly form such

lations for their conduct, assury: nod shall have authority

nduct in Office, and shall make re .port of the mmu. to Congress or to the Omani( teeof the States; and he shall make report in case ofsickness, death, or resignation of any surveyor.

The Surveyors, aft they are respectively quail-lied, shall proceed to divide the said territory into

ships of six miles square, by lines running duesouth, and others crossing these at right

may be, unless Where die hound.111(111111 purchases may render the

same imprart icahie. and then they shall departfrom this rule no farther than such particular

res may require; and each surve or shall:wed and paid at the rate of two dtillrsmile, in length, he shall run, including the

chain carriers, markers, and every other_endMg the same.

hne, ronumg nortl nd south as a-the rktr Ohm.forcsa

that is h.ihl be fou dern termination of a hne, which has been run asthe southern boundary of the state of Ponnsylva.nia; and the first line, running east and west, shallbegin at the same pollout the whole territory.herein shall be construed, as fixingboundary of the state of Pennsylvania, The geo.grapher shall designate the townships, or fractionalparts of townships, by numbers progressively frontsouth to north; always beginning each range withnumber one; and the ranges shall be distinguished

7

Docunint 6

Land Ord nance of 1785him)

Imli;Ifthpf

by their progressive nu mhtrs I o the westwa Thefirst range, extending from the OhioErie, being marked number oiw. The geogshall personally attend to the running of Uut first,east and west law; and shall take the latitude of

eines of Ow first north and south line, and-if the principal rivers,

he I 1 a elmthe trees and exactly

dewrihe plat; whicr,m shall he noted hy thesarveynr, ill their pro all t

springs, salt licks and mill seats, that shall come toIns knowledge, and all water courses, mountainsand other remarkable and permanent things, overand near which such lines jiali pass, and also thequality of the lands..

The plats of the townships respectively, shall hemarked by subdivisions in to lots of One milesquare, or 6,10 acres, in the same direction as theexternal lines, and numbered from 1 to 36; alwaysbeginning the succeeding range of the lots with thenut-Ober livxt to that with which the preceding oneconcluded. And where, from the causes beforementioned, only a fractional part of a townshipshall be surveyed, the lot T,rotrbear the same numbers the township had beenentire. And (he surveyors-. u running the externallines of the townships, shall, at the interval ofevery mile, tnark eornerN tr the lots whjh arc ad,jacent, always designating the same in a different

er from those of the townships .

geographer and surveyors shall pay the Lit.in_Okntinn 1,17 the variation oi the magnetic

by the true!11tric)uan, rtifiiug,variation at the times (

dal, what was the,on

noted.:\s soon as seven rot

southgraphertreasury_ who sport. in well bound hooks to he kept t.r lhat pur-pose. And the geographer shall make ,omilar re-turns, from time to time, of every seven iane..!s asthey may he surveyed. The Seeretary at ar shallhave recourse thereto, and shall take hy lot mere-from, a nutnber of townships, and frac-0, partsof townships, as well from those o be sold entireas from those to be sold in lots, as will be equal to

hips, and.tion from

61

fivvynth partnearly afi may he, of e late co

ermy; and he shall n Ike a mien ar deantime tO tin10, until a suffiehaii qeentity is

ii LO satisfy the same, to be applied in mannerinafter directed, The hieiril of ireasery all

from time to time, cause the: remaining numbers, aswell those to be sold entire, as those to be sold inlots, to be drawn for, in the name of the thirteenstates respectively, according to the quotas in thelast preceding requisition on all the states; pro-vided, that in ease more land than its proportionis allotted for sale, in any state, at any dktrilni-(ion, A deduction be made therefor at the next.

The hoard of treasury shall transmit a copy ofonto plats, prOvii.;q6ly noting thereon, t e

tswnships, and fractional parts of townships,which shall luwe fallen to the several states, by thedistribution aforesaid, to the Commissioners of theloan office of the several states, who, after givingnotice of not less than two nor more than siXmonths by causing advertisements to be posted upat the court houses, or other noted places in everycounty, and to be inserted in one newspaper,published in the states of their residence respec-tively, shall proceed to sell the townships, or frac-tional parts of townships, at public vendue, in thefollowing manner, viz.: The township, or frac-tional part of a township, N 1, in the first range,shall be sold entire; and N 2, in the same range, bylots; and thus in alternate order through the wholeof the first range. The township, or fractional parof a township, N 1, in the second range, shall hesold by lots: and N 2, in the same range, entire; andso in alternate order through the whole of thesecond range; and the third range shall be sold inthe same manner as the first, and the fourth inthe same manner as the second, and thus alter-nately throughout all the ranges; provided, thatnone of the lands, within the said territory, be soldunder the price of one dollar the acre, to be paidin specie, or loan office certificates, reduced tospecie value, by the scale of depreciation, orcertificates of liquidated debts of the UnitedStates, including interest, besides the expense ofthe survey and other charges thereon, which arehereby rated at thirty six dollars the township,in specie or certificates as aforesaid, and so in thesame proportion for a fractional part of a town-ship, or of a lot, to be paid at the time of sales; onfailure of which payment the said lands shall againbe offered for sale.

There shall be reserved for the United Statesout of every township, the four lots, being num-bered 8, 11, 26, 29, and out of every fractionalpart of a township, so many lots of the samenumbers as shall be found thereon, for future sale.There shall be reserved the lot N 16, of every

62

I o%s'iislIJ,, for the maino the said townsh

all gokl, silver, lead andor cs dis1)o-

publie schools,1110 third part anines, to Ill. sold,

shall here-

any lOWIIShipi Or frurt iorml part ii _

ow aship. shall have been sold as aforesaid, andNioney or certificates received therefor, the loanofficer shall deliver a deed in the following terms:

The United States of America to all to whomthese presents shall come, greeting:

Know ye, That for the consideration of [blank]dollars we have granted, and hereby do grant andconfirm unto [blank I the township, (or fractionalPurt of a township, as the case may be) nombered(blank] iii the range 1 Week 1 exceptieg therefrom,and reserving ene third part of all gold, silver, leadand copper mines within the same; and the lotsNs R. 11, 26, and 29, for futere sale or disposition,and the lot N 16, for the maintemince of publicschools. To have to the said iblartel his heirsand assigns for OVOr (or if more than ono purehaserto the said [blank) their heirs and assigns for everas tenants in Common,) In witness whereof, (A.B.)Commissioner of the loan office, in the State of[blank] hath, in conformity to the Ordinancepassed by the United States in Congress assembled,the twentieth day of May, in the year of our Lordone thousand seven hundred and eighty five,hereunto set his hand and affixed his seal this(blank) day of [blank] in the year of our Lord[blank] and of the independence of the UnitedStates of America [blank].

And when any township, or fractional part ofa township, shall be sold by lots as aforesaid, theCommissioner of the loan office shall deliver adeed therefor in the following form:

The United States of America to all to whomthese presents shall come, Greeting:

Know ye, That for the consideration of [blank]dollars, we have granted, and hereby do grant andconfirm unto [blank) the lot (or lots, as the casemay be, in the township or fractional part of thetownship, as the ease may be) numbered [blank)in the range [blank) excepting and reserving onethird part of all gold, silver, lead and copper mineswithin the same, for future Saie or disposition. Tohave to the said [blank] his heirs and assigns forever; (or if more than one purchaser, to the said[blank] their heirs and assigns for ever as tenantsin common). In withe whereof, (A.B.) Com-missioner of the continental loan office in thestate of [blank] hath, in conformity to the Or-dinance passed by the United States in Congressassembled, the twentieth day of May, in the yearof our Lord VMS, herein-Ito set his hand andaffixed his seal, this [blanklday of [blank) in the

72

ifof the LI S

Which deedsby the commis.be certified toI heir being deliveredhi, good and valid todescribed,

The commission

A lankI d iii proper hooks

office and shallMVP been recorded, previous to

to the purchaser, and shallvey tl lands in the same

the loan offices respishall transmit to the board of treasury

every three months, an account of the townships,fractional parts of townships, and lots committedto their charge; specifying therein the names of

whom sold, and the sums of moneyreceived for the same; ;Ind shall

cause all vertjfleates by them received, to hethrough with a rircuilar punch; and they

hi lily charged iii the books of tho treasury,auannit of I he norwys or certificates,

e sauuw, by them received as afore-

any township, or fractioflal part of a town-ship or lot, rentains unsold for eighteen monthsafter the plat shall have been received, by thecommissioners of the loan office, the same shall bereturned to the board of treasury, and shall be soldin such manner as Congress may hereafter direct.

And whereas Congress by their resolutions ofSeptember 16 and 18 in the year 1776, and the12th of August, 1780, stipulated grants of land tocertain officers and soldiers of the late continentalarmy, and by the resolution of the 22d September,1780, stipulated grants of land to certain officersin the hospital department of the late continentalarmy; for complying therefore with such engage-ments, Be it ordained, That the secretary at war,from the returns in his office, or such otherevidence as the nature of the case may admit,

termine who are the objects of the aboveresolutions and engagements, and the quantity ofland to which such persons or their represent-atives are respectively entitled, and cause thetownships, or fractional parts of townships, here-inbefore reserved for the use of the late con-tinental army, to be drawn for in such manner ashe shall deem expedient, to answer the purpose ofan impartial distribution. He shall, from time totime, transmit certificates to the commissioners ofthe loan offices of the different states, to the linesof which the military claimants have respectivelybelonged, specifying the name and rank of theparty, the terms of his engagement and time of hisservice, and the division, brigade, regiment orcompany to which he belonged, the quantity ofland he is entitled to. and the township, or frac-tional part of a township, and range out of whichhis portion is to be taken.

coninnssim orficrxecuti, deeds for such iiiatlilvcalii(si 'minormanlier and form 4ore-menthmed,only in such a degret _ make the sanformable to the certifican Seer(War.

Whore any milit iry claimants or lautuityshall not have bekaiged to tlw line of any partic-ajar state, similar certificates shall la! sent: to theboard of treasury, who shall t.,t twine deeds to theparties for the same,

The Secretary at War, from the proper returns,shall transmit to the board of treasury, a cettificate specifying the name and rank of the severalcliiimank of the department or the lateconthiental army, together with the quantity ofhind each claimaat is taitilltal to, and the township,or fractional part of a township, and range outof which his portion is to be taken; and t hert'uupi nthe board of treasury shall proceed to executedeeds to such claimants.

The board of treasury, and the commissionersof the loan offices in the states, shall, within 18months, return receipts to the secretary at war, forall deeds which have been delivered, as also all theoriginal deeds which remain in their hands for wantof applicants, having been first recorded; whichdeeds so returned, shall be preserved in the office,intil the parties or their representatives require

the same.And be it further Ordained, That thri, own-

ships adjacent to lake Erie be reserved, to be here-after disposed of by Congress, for the use of theofficers, men and others, refugees from Canada,and the refugees from Nova Scotia, who are or maybe entitled to grants of land under resolutions ofCongress now existing, or which may hereafterbe made respecting them, and for such otherpurposes as Congress may hereafter direct.

Aod be it further Ordained, That the towns ofGnadenhutten, Schoenbrun and Salem, on theMuskingum, and so much of the lands adjoiningto the said towns, with the buildings and im-provements thereon, shall be reserved for the soleuse of the Christian Indians, who were formerly-ettled there, or the remains of that society, asmay, in the judgment of the geographer, be suffi-can't for them to cultivate.

Saving and reserving always, to all officers andsoldiers entitled to lands on the northwest side ofthe Ohio, by donation or bounty from the com-monwealth of Virginia, and to all persons claimingunder them, all rights to which they are so entitled,under the deed of cession executed by the del-egates for the state of Virginia, on the first day ofMarch, 1784, and the act of Congress accepting

same: and to the end that the said rights may

63

Ily se iired, ntcord.ent 1111(1 niiiing of the said deed

and act aforesaid, lie it Ordained, that no part ofthe land included between the rivers called littleMiami and Scioto, on the northwest side of theriver Ohio, be sold, or in any manner alienated,until there shall first have been hdd off and appro .printed for the said Officers and Soldiers, andpersons claiming under them, the lands they are

This JndcnEight I dredunder the audioed " An Act 10" (,/the fin

inty orrn, bath in hi%

th

Range of the Lands, Iii

Seven Years, communeEight Itundredthe Didpaying te the United Stales the Soot ofWithin Ftve Years from the commeneemen

the sai_nod net of Cong g t he same,

tione by the iiiilted StateN iii (ititgrcifi osstim=bled, the 20th day of Ma._ in tho year of our Lord178,5, nod of our sovereign y Huta honinth.

Charles Thomstm, hardSce re fury, Pt

,

Pal 1)% Si 1 ; ,hl

t.

I ,h1,1 Tholirmill

I in'dud ,Iti Hih

uni

r file h 1:enli on, 11rCri rel;i;t1, ill Cur aill r lihrt '. A

aforefaid III, leored. iit itile1 ontoTtion, Number Ill

agreeably luau! Laws of the United Stater:, ut the l'errikototiu and ;tiler lhe Div of

itii condition that the folltni i,tt hutlIfuils tintliand agrce5 to thikv, 1.10 an(i pet 1;1

()Ans, if theicniof he. Tern to ek'ar Acres id all . it1 IVeed ;

'hall he lifi

That

'Two Arrel of wLich fluahi be the bcli d Git,00d, ow, 0,w I !midi ed t` tliotty andor a proper iize to rvt in an Orchard ; which Orchard Kill eneinied lir uuiIt, with a gond oil Fence, and keptin conliant repair, .iod no Anitnak or any kind forfered to fret the reinaindel Cie .:rotefaid

AereL fo 7N4 of the mat' hatable Lind for meadow, In a proper manlier %%oh lotrik teal (planHerds-with at4 4. ei,h-er-feeds; and the Cod Meadow (;rotin,i fenced ioni iinprovril Ili a

manner.vuivritEnmonE the raid

Acres in a

and Ilerds-grafs feed : and aIfoend of hi% Tern).covenanted and

ably to the Law

aide 1

Aere,ic deduct! as arm1'(1ml, than

the erritini% when the LIU]

ncr raclear 1

cos enank, that it ille "I 17p. and feed ilie (how ix.twt- nia,r.ter and e under 1111;1-

ANI) tit itt the end ofencltded %%itli goo]

IN III ! .

IN WITNESS vhereof the Parties to thi. lodenut _

Year within fall above witty

Signrd Sealed and Deliveredin ihr pre

Courtesy Incliana Historical Socie

64

7 -I

' will clearhh;r4 clii%er

;it theI kind,

!I Cie 1).1.t and

Document 7

Northwest Ordinance, 1787

ryVest of tin

I by the United States M tngressassent,led that the said terr tory for the purposesof temporary governnwnt be one district; subjecthowever to he divided into tli;f1 districts rut t"

opinion of Congressmst tutees maymake iL expedient.

Ite it ordained by the nuUrily aforesaid, Thatthe estates both of resideiproprietors in the said terri ory dying intestateshall descend to and be distributed among theirchildren and the rbe. n akmts of a deceased child inequal parts; the descendants of a deceased childor grandchild to take the share of their deceasedparent in equal parts among them; and where thereshall be no children or descendants then in equalparts to the next of kin in equal degree and amongeollaterals the children of a deceased brother or

of the intestate shall have in equal partsng them their deceased parent's share and

shall in no case be a distinction between kin-red of the whole and half blood; saving in all

cases to the widow of the intestate her thirdpart of the real estate for life, and one third partof the personal estate; and this law relative todescents and dower shall remain in full force untilaltered by ,,he legislature of the district. Anduntil the governor and judges shall adopt laws asherein after mentioned estates in the said territorymay be devised or bequeathed by wills in writing

d and sealed by him or her in whom theestate may be, being of full age and attested bythree witnesses, and real estates may be conveyedby lease and release or bargain and sale signed,sealed and delivered by the person being of fullage in whom the estate may be and attested bytwo witnesses provided such wills be duly provedand such conveyances be acknowledged or theexecution thereof duly proved and be recordedwithin one year after proper magistrates, courtsand registers shall be appointed for that purposeand personal property may be transferred by de-livery saving however to the French and Canadianinhabitants and other settlers of the Kaskaskies,Saint Vincents and neighbouring villages who haveheretofore professed themselves citizens of Vir-ginia, their laws and customs now in force amongthem relative to the descent and conveyance ofproperty.

anti non-resident

7

CIorraco, Edof (he Cailed Mal

thereCont.

COMq(11

du:one th _

ercir.e of hit;time to

ed_la m.o, I). C., 2:39,

by the authority aforesappointed from time to I ivernor, whose commission shallce for the term of three years,

ar revoked by Congress..arid have a firoAdwid estate there

and acres of land while in the ex-rce There shall be appointed fromby Congress, a secretary, whose

commission shall continue in force for four years,unless sooner revoked; he shall reside in the districtand have a freehold estate therein in five hundredacres of land while in the exercise of his office; itshall be his duty to keep and preserve the acts andlaws passed by the legislature and the publicrecords of the district and the proceedings of thegovernor in his executive department end transmitauthentic copies of such acts and proceedings everysix months to the Secretaq of Congress. Thereshall also be appointed a court to consist of threejudges any two of whom to form a court, who shallhave a common law jurisdiction and reside in thedistrict and have each therein a freehold estate infive hundred acres of land while in the exerciseof their offices, and their commissions shall con-tinue in force during good behaviour.

The governor and judges, or a majority of them,shall adopt and publish in the district such laws ofthe original states criminal and civil as may benecessmy and best suited to the circumstances ofthe district and report them to Congress from timeto time, which laws shall be in force in the districtuntil the organization of the general assemblytherein, unless dixapproved of by Congress; butafterwards the legislature shall have authority toalter them as they shall think fit.

The governor for the time being shall be com-mander in chief of the militia, appoint and com-mission all officers in the same, below the rank ofgeneral officers; All general officers shall be ap-pointed and commissioned hy Congress.

Previous to the organization of the generalassembly the governor sht7l appoint such mag-istrates other civil officers in each county ortownshIp, as he shall find necessary for the pre-servation of the peace and good order in the same.After the general assembly shall be organized,the Fmwers and duties of magistrates and othercivil officers shall be regulated and defined by thesaid assembly; but all magistrates and other civil

65

, not hercui ot het%'Ise irected shal urin gthe c porary government be

y the governor,prevention of clout( injur the

adopted or made shell have force in allparts of the district and for the execution ofprocess criminal and civil, the governor shall makeproper divisions thereof, and he shall proceed from

me to time as circumstances may require to layout the parts of the district in which the Indiantitles shell have been extinguished into coilnil townships aubject however to such alterations

as may thereafter be made by the legislature.as e shall be five thousand fre

inhnt,itnnts cit frill age in the district uponproof thereof to the governor, they shall receiveaethority with time and place to elect. represatives from their counties or townships topresent them in the general assembly; providedthat for every five hundred free male inhabihmtsthere shall be one representative and so on pro-gressively with the number of free male inhabitantsshall the right of representation increase until thenumber of representatives shall amount to twentyfive after which the number and proportion ofrepresentatives shall be regulated by the legislature;provided that no person be eligible or qualifiedto act. as a representative, unless he shall have beena citizen of one of the United States three yealsand be a resident in the district or unless he shallhave resided in the district three years and in eitherase shall likewise hold in his own right in feeimple two hundred acres of land within the

same: Provided also, that a freehold in fifty acresof land in the district having been a citizen of oneof the states, and being resident in the district; orthe like freehold a'd two years residence in thedistrict shall be necessary to qualify a man as anelector of a representative.

The representatives thus elected, shall servefor the term of two years and in case of the deathof a representative or removal from office, thegovernor shall issue a writ to the county or town-ship for which he was a member, to elect anotherin his stead to serve for the residue of the term.

The general assembly, or legislature, shall consistof the governor, legislative council, and a house ofrepresentatives. The legislative council shall con-sist of five members, to continue in office fiveyears unless sooner removed by Congress anythree of whom to be a quorum and the members ofthe council shall be nominated and appointed inthe following manner, to wit: As soon as repre-sentatives shall be elected, the governor shallappoint a time and place for them to meet to-gether, and when met they shall nominate tenpersons residents in the district and each possessedof a freehold in five hundred acres of Land and

66

ret urn their names tos_tpoint and commisCo- serve as

afores. and whenever a vacancy shallthe cou cil by death or removal from offihouse of representatives shall nominate twopersons qualified ati aforesaid, for midi vaettand return their names to Congress, one of whomCongress shall appoint and commission for theresidue of 11w term, and every five years, fourmonths at least before the expiration of the timeof service of the Menthers of Council, the saidhouse shall nominate ten persons qualified asaforesaid, and return their names to Congress, five

shah appoint and commission-s of the council five years,

unless sooner r inoved. And the Governor, leg-islative council, and the house of representatives,shall have authority to make laws in all cases forthe good government of the district, not repugnanto the principles and articles in this ordinanceestablished and declared. And all bills havingpassed oy a majority in the house, and by amajority in the council, shall be referred to theGovernor for his assent; but no bill or legislativeAct whatever, shall be of any force without hisassent, The Governor shall have power to convene,prorogue and dissolve the General Assembly, whenin his opinion it shall be expedient,

The Governor, Judges, legislative Council,Secretary, and such other officers as CongTess shallappoint in the district shall take an Oath or Af-firmation of fidelity, and of Office, the Governorbefore the president of Congress, and all otherOfficers before the Governor. As soon as a leg-islature shall be formed in the district, the Counciland house, assembled in one room, shall haveauthority by joint ballot to elect a Delegate toCongress who shall have a seat in Congress, with aright of debating, but not of voting, during thistemporary Government.

And for extending the fundamental principlesf civil and religious liberty, which form the

basis whereon these republics, their laws and con-stitutions are erected; to fix and establish thoseprinciples as the basis of all laws, constitutions andgovernments, which forever hereafter shall beformed in the said territory; to provide also for theestablishment of States and permanent governmenttherein, and for their admission to a share in thefederal Councils on an equal footing with theoriginal States, at as early periods as may be con-sistent with the general interest,

it is hereby ordained and declared by theauthority aforesaid, That the following articlesshall be considered as articles of compact betweenthe original states and the people and states inthe said territory, and forever remain unalterable,unless by common consent, to Wit:

whom

76

Articl_. the First, No i ,erson denieaning lii 11

in a peaceal and Orderly WOW!' shall ,Ner bemolested on account of his 'node of worship orr(ligious senthm eits in the said territory.

Article Ow Second. The Inhabitants of the sakiTritory shall always be entitled to the benefits

if the writ of habeas corpus, and of the trial byJury; of a proportionate representation of thepeople in the legislature, and of judicial roceed-is p according to the course of the common law;al) persons shall be bailable unless tor capitoloffenses, where the proof shill be evident, or thepreser;)ption great: all fines shall bc moderate,and no cruel or 1.111051141 punishments shall beinflicted; no man shall be deprived of his liberty orproperty but by the judgment of his peers, or thelaw of the land; and should the public exigencies!mike it necessary for the common preservation totake any persons property, or to demand his parti-cular services, full compensation shall be made forthe same; and in the just preservation of rights andproperty it is understood and declared; that nolaw ought ever to be made, or have force in thesaid territory, that shall in any manner whateverinterfere with, or affect private contracts orengagements, bona fide and without. fraud pre-viously formed.

Article the Third, Religion, Morality andknowledge, being necessary to good governmentand the happiness of mankind, Schools and themeans of education shall forever be encouraged.The utmost good faith shall always be observedtowards the Indians; their lands and propertyshall never be taken from them without their con-sent; and in their property, rights and liberty, theynever shall be invaded or disturbed, unless in justand lawful wars authorised by Congress; but lawsfounded in justice and humanity shall from timeto time be made, for preventing wrongs being doneto them, and for preserving peace and friendshipw it h them.

Article the Fourth. The said territory, and thestates which may be formed therein, shall foreverremain a part of this confederacy of the UnitedStates of America, subject to the Articles of Con-federation, and to such alterations therein as shallbe constitutionally made; and to all the Acts andOrdinances of the United States in Congress As.sembled, conformable thereto. The inhabitantsand settlers in the said territory, shall be subjectto pay a part of the federal debts contracted or tobe contracted, and a proportional part of the ex-pences of government, to be apportioned on themby Congress, according to the same common ruleand measure by which apportionments thereofshall be made on the other States; and the taxesfor paying their proportion, shall be laid and leviedby the authority and direction of the legislatures

V Slate. , as inithin the time agreed upon by the

United States issembled, The legisla-tures of thwie ilistricts, or new States, shall neverinterfere with the primary disposal of the Soilby the United States in Congress assembled, norwith any regulations Congress may find necessaryfor securing the title in such soil to the bona fidepurchasers. No tax shall be imposed on hinds theproperty of the United States; and in no cage shallnon resident proprietors be taxed higher thanresidents. The navigable waters leading into theMinniNgipni and St, hoWrence, and the carryingplaces iwtween the same shall be common high.ways, and forever free, as Well to the inhabitantsif the said territory, as to the citizens of theUnited States, and those of any other states thatmay be admitted into the Confederacy, withoutany tax, impost or duty therefor.

Article the Fifth* There shall be formed isaid territory, not. less than three nor more thanfive states, and the boundaries of the states, assoon as Virginia shall alter her act of cession andconsent to the same, shall become fixed and es-tablished as follows, to wit: The western state inthe said territory, shall be bounded by the Mis-sissippi, the Ohio and Wabash Rivers; a direct linedrawn from the Wabash and post Vincents dueNorth to the territorial line between the UnitedStates and Canada, and by the said territorialline to the lake of the Woods and Mississippi. Themiddle state shall be bounded by the said directline, the Wabash from post Vincents to the Ohio;by the Ohio, by direct line drawn due North fromthe mouth of the great Miami to the said territorialline, and by the said territorial line. The easternstate shall be bounded by the last mentioned directline, the Ohio, Pennsylvania, and the said territorial line; provided however, and it is further under-stood and declared, that the boundaries of thesethree states, shall be subject so far to be altered,that if Congress shall hereafter find it expedient,they shall have authority to form one or twostates in that part of the said territory which lies

th of an east and west line drawn through thesoutherly bend or extreme of lake Michigan; andwhenever any of the said States shall have sixtythousand free inhabitants therein, such state shallbe admitted by its Delegates into the Congressof the United States, on an equal footing withthe original States, in all respects whatever; andshall be at liberty to form a permanent constitu-tion and state government: Provided the constitu.tion and government so to be formed, shall be re-publican, and in conformity to the principlescontained in these articles; and so far as it can beconsistent with the general interest of the Con-federacy, such admission shall be allowed at an

7 67

and when there may be a lessnber of free Juhahi tants in the state then

sixty thousandArticle the Sixth. There shall be neither slavery

nor involuntary servitude in the said territoryotherwise than in the punishment of crimes,whereof the party shall have been duly convicted;provided always that any person escaping into thesame, from whom labor or service is lawfully

68

as

ed itt any one of the original states, staliitive may be lawfully reclaimed and-1 person claiming his or her labor or service

'lied by the authority aforesaid,the resolutions of the 23d of April 1754 relative tothe subject of this ordinan be, and the same arehereby ref waled and letlared tnt ll and void,

Done &c,

The Se l of the Territory of the United StatesNorthwest of the River Ohio

This authorized seal for documents of the Northw st Ter-ritory shows a fruit-bearing tree, an ax-felled tree, a risingsun, and boats presumably on the Ohio River. These sym-bols represent the aspirations of new settlers in the westernwilderness. The IAdln phrase dlleliarem Lapse Locavitmeans "from the fallen tree, a better one has grown,"Courtesy Indiana Historical Society.

76

Act Creating

ACT to livide the territorystales north.,governmen IS.

See. 1. Be it coveted by the Senate aml4 Itepresentaties of the United stutt. of Amcr

Ica, in Congress assembled, That from and afterthe fourth day of July next, all I hat part of the ter-

ry of the United States north-west of the Ohioriver, which lies to the westward of a line beginningat the Ohio, opposite to the mouth of Kentuckyriver, and running thence to fort Recovery, andthence north until it shall intersect the territorialline between the United States and Canada, shall,for the purposes of temporary government, con-stitute a separate territory, and be called theIndiana Territory.

Sec. 2. And be it further enacted, That thereshall be established within the said territory agovernment in all respects similar to that providedby the ordinance of Congress, passed on thethirteenth day of July one thousand seven hundredand eighty-seven, for the government of the ter-ritory of the United States north-west of the riverOhio; and the inhabitants thereof shall be entitledto, and enjoy all and singular the rights, privi-leges and advantages granted and secured to thepeople by the said ordinance.

Sec. 3. And be it further enacted, That theofficers for the said territory, who by virtue ofthis act shall be appointed by the President of theUnited States, by and with the advice and consentof the Senate, shall respectively exercise the samepowers, perform the same duties, and receive fortheir services the same compensations as by theordinance aforesaid and the laws of the UnitedStates, have been provided and established forsimilar officers in the territory of the UnitedStates north-west of the river Ohio: And theduties and emoluments of Superintendent ofIndian Affairs shall be united with those ofgovernor: Provided, That the President of theUnited States shall have full power, in the recessof Congress, to appoint and commission all officersherein authorized; and their commissions shall con-tinue in force until the end of the next session ofCo n gless

Sec. 4. And be it further enacted, That somuch of the ordinance for the government of theterritory of the United States north-west of theOhio river, as relates to the organization of aGeneral Assembly therein, and prescribes the

he Ohio, intohe United

Document 8

Indiana Territory, 1800From: IIub.ri L Hawk frig, cfimpiler, built/fut.:4 Ugh7Sfiterfu indinno Ilktotival (tuyo.nu, 1969),

powers thereof, shall be in force and operate inthe Indiana territory, whenever satisfactory evi-dence shall be given to the governor thereof,that such iN the wish of o majority of the free-holders, notwithstanding there may not be tlwre-in five thousand free male inhabitants of the ageof twenty-one years ood upwards: Provided, Thatuntil there shall tw five thousand free male in-habitants of twenty-one years and upwards itsaid territory, the whole number of representativesto the General Assembly shall not be less thanseven, nor more than nine, to be apportioned bythe governor to the several counties in the saidterritory, agreeably to the number of free males ofthe age of twenty-one years and upwards whichthey may respectively contain.

Sec. 5. And be it further enacted. That nothingin this act contained shall be construed so as inany manner to affect the government now inforce in the territory of the United States north-west of the Ohio river, further than to prohibitthe exercise thereof within the Indiana territory,from and after the aforesaid fourth day of Julynext: Provided, That whenever that part of theterritory of the United States which lies to theeastward of a line beginning at the mouth of theGreat Miami river, and running thence due northto the territorial line between the United Statesand Canada, shall be erected into an independentstate and admitted into the Union on an equalfooting with the original states, thenceforth saidline shall become and remain permanently theboundary line between such state and the Indianaterritory; any thing in this act contained to thecontrary notwithstanding.

Sec. 6. And be it further enacted, That untilit shall be otherwise ordered by the legislaturesof the said territories reipectively, Chilicothe, onScioto river, shall be the seat of the government ofthe territory of the United States north-west ofthe Ohio river; and that Saint Vincennes, on theWabash river, shall be the seat of the governmentfor the Indiana territory.

THEODORE SEDGWICK,Speaker of the House of Rcpresenta ives.

TH: JEFFERSON,Vi -President of the United States, and

President of the Senate.

Approved-1 7th, A.D. 1800JOHN ADAMS President of the United ates.'79

69

Document 9

Harrison Land Act, 1800Prom:Statehood

lowkins, CoFi)DIi.M Indiana

An ACT to amcnd the act, intituled,providing for the sale of the lands of the lIniStaleR, in the territory north-west of the Ohio,arid above the mouth of Kentucky river."

See. 1, He it enacted by the Senate and HouseRepresentatives of the United States of Amer-

a, in Congress assembled, That for the disposalof the lands of the United States, directed to besold by the act, intituled, -An act providing forthe sale of the lands of the United States, in theterritory north-west of the Ohio, and above themouth of Kentucky river," there shall be fourhind-offices established in the said territory: Oneat Cincinnati, for lands below the Little Miamiwhich have not heretofore been granted; one atChilicothe, for lands east of the Scioto, south ofthe lands appropriated for satisfying militarybounties to the late army of the United States, andwest of the fifteenth range of townships; one atMarietta, for the lands east of the sixteenth rangeof townships, south of the before-mentionedmilitary lands, and south of a line drawn due westfrom the northwest corner of the first townshipof the second range, to the said military lands; andone at Steubenville, for the lands north of the lastmentioned line, and east or north of the said mili-Lily lands: Each of the said offices shall be underthe direction of an officer, to be called "TheRegister of the Land-Office," who shall be ap-pointed by the President of the United States, byand with the advice and consent of the Senate, andshall give bond to the United States, with approvedsecurity, in the sum of ten thousand dollars, forthe faithful discharge of the duties of his office;and shall reside at the place where the land-officeis directed to be kept.

Sec. 2. And be it further enacted, That it shallbe the duty of the Surveyor-General, and he ishereby expressly enjoined, to prepare and transmitto the Registers of the several land-offices, beforethe days herein appointed for commencing sales,general plats of the lands hereby directed to besold at the said offices respectively, and also toforward copies of each of the said plats to theSecretary of the Treasury.

Sec. 3. And be it further enacted, That theSurveyor-General shall cause the townships west ofthe Muskingum, which by the above-mentionedact are directed to be sold in quarter townships,to be subdivided into half sections of three

70

hundred and twenty acres each, as nearly as maybe, by running parallel lines through the same fromeast to west, and from south to north, at the dis-tance of one mile from each other, and markingcorners, at the distance of each half mile on thelines running from east to west, and at the distanceof each mile on those running from south to north,and making the marks, notes, and descriptions,prescribed to surveyors by the above-mentionedact: And the interior lines of townships inter-sected by the Muskingum, and of all the townshipslying east of that river, which have not been here-tofore actually sub-divided into sections, shallalso be run and marked in the manner prescribedby the said act, for running and marking the in-terior lines of townships directed to be sold insections of six hundred and forty acres each: Andin all cases where the exterior lines of the town-ships, thus to be sub-divided into sections or halfsections, shall exceed or shall not extend six miles,the excess or deficiency shall be specially noted,and added to or deducted from the western andnorthern ranges of sections or half sections in suchtownship, according as the error may be in runningthe lines from east to west, or from south to north;the sections and half sections bounded on thenorthern and western lines of such townshipsshall be sold as containing only the quantity ex-pressed in the returns and plats respectively, andall others as containing the complete legal quan-tity: And the President of the United States shallfix the compensation of the deputy-surveyors,chain-carriers, and axemen: Provided, the wholeexpense of surveying and marking the lines shallnot exceed three dollars, for every mile that shallbe actually run, surveyed and marked.

Sec. 4. And be it further enacted, That thelands thus sub-divided (excluding the sections re-served by the above-mentioned act) shall be of-fered for sale in sections and half sections, sub-divided as before directed at the following placesand times, that is to say; those below the LittleMiami shall b- offered at public vendue, in thetown of Cincinnati, on the first Monday of Aprilone thousand eight hundred and one, under thedirection of the Register of the land-office thereestablished, and of either the Governor or Sec-retary of the north-western territory: The landseast of Scioto, south of the military lands, andwest of the fifteenth range of townships, shall be

So

offered in like manner for the sale at Chilicethe, onthe first Monday of May, one thousand eighthundred and one, under the directionRegister of the land.office there established, andof either the Governor or Secretary of the saidterritory: The lands east of the sixteenth range oftownships, south of the ndlitary lands and west ofthe Muskingum, including all the townships in-tersected by that river, shall be offered for salein like manner at Marietta, on the last Monday ofMay, one thousand eight hundred and one, ow ler

direction of the Governor or Secretary, orSurveyor-General of the said territory. The salesshall remain open at each place for three weeksand no longer. The superintendants shall Observethe rules and regulations of the above-mentionedact, in classing and selling fractional with entiresections, and in keeping and transmitting accountsof the sales. All lands, remaining unsold, at theclosing of either of the public sales, may be dis-posed of at private sale by the Registers of theserespective land-offices, in the manner herein afterprescribed; and the Register of the land-office atSteubenville, after the first day of July next, mayproceed to sell at private sale, the lands situatewithin the district assigned to his direction asherein before described, disposing of the same insections, and classing fractional with entire sec-

ons, according to the provisions and regulationsof the above-mentioned act and of this act: Andthe Register of the land-office at Marietta, afterthe said first day of July next, may proceed tosell at private sale, any of the lands within thedistrict assigned to his direction as aforesaid,which are east of the river Muskingum, excludingthe townships intersected by that river, disposingof the same in sections, and classing fractionalwith entire sections as aforesaid.

Sec. 5. And be it further enacted, That no landsshall be sold by virtue of this act, at either publicor private sale, for less than two dollars per acre,and payment may be made for the same by allpurchasers, either in specie, or in evidences of thepublic debt of the United States, at the ratesprescribed by the act, intituled, "An act to au-thorize the receipt of evidences of the publicdebt in payment for the lands of the UnitedStates;" and shall be made in the following man-ner, and under the following conditions, to wit:

1. At the time of purchase, every purchasershall, exclusively of the fees hereinafter-mentioned,pay six dollars for every section, and three dollarsfor every half section, he may have purchased, forsurveying expenses, and deposit one-twentiethpart of the amount of the purchase money, to beforfeited, if within forty days one fourth part ofthe purchase money, including the said twentiethpart, is not paid.

2. One-fourth part of the purchase moi yoshall be paid within forty days day f

sale as aforesaid: another fourth part shall bepaid within two years; another fourth part withinthree years; and another fourth Isirt vithin fouryears after the day of sale,

3. Interest, at the rate of six per cent. a year,from the day of sale, shall he charged upon each ofthe three last payments, payable as they respec-tively become due.

1, A discount, at the rate of eight per cent. ayear, shall be allowed on any of the three lastpayments, which shall be paid before the sashall become due, reckoning this discount alwaysupon the sum, which would have been demand-able by the United States, on the day appointedfor such payment.

5. lf the first payment of one fourth part ofthe purchase money shall not be made withinforty days after the sale, the deposit, payment andfees, paid and made by the purchaser, shall beforfeited, and the lands shall and may, from andafter the day, when the payment of one fourthpart of the purchase money should have beenmade, be disposed of at private sale, on the sameterms and conditions, and in the same manner asthe other lands directed by this act to be disposedof at private sale: Provided. That the lands whichshall have been sold at public sale, and which shall,on account of such failure of payment, revert tothe United States, shall not be sold at private sale,for a price less than the price that shall have beenoffered for the same at public sale.

6. If any tract shall not be completely paidfor within one year after the date of the last pay-ment, the tract shall be advertised for sale by theRegister of the land-office within whose districtit may lie, in at least five of the most public placesin the said district, for at least thirty days beforethe time of sale: And he shall sell the same atpublic vendue, during the sitting of the court ofquarter sessions of the county in which the land-office is kept, for a price not less than the wholearrears due thereon, with the expenses of sale;the surplus, if any, shall be returned to the originalpurchaser, or to his legal representative; but ifthe sum due, with interest, be not bidden andpaid, then the land shall revert to the UnitedStates. All monies paid therefor shall be for-feited, and the Register of the land-office mayproceed to dispose of the same to any purchaser,as in case of other lands at private sale.

Sec. 6. And be it further enacted, That all andevery the payments, to be made by virtue of thepreceding section, shall be made either to theTreasurer of the United States, or to such personor officer as shall be appointed by the Presidentof the United States, with the advice and consent

71

Senate, Receiver of public monies for landsif he United States, at, each of the places resl)ec.tively where the public and private sales of the saidlands are to be made; and the said Receiver ofpublic monies shall, before he enters upon tVduties of his office, give bond, with approvedsecurity, in the sum of ten thousand dollars, forthe faithful discharge of his trust; and it shallbe the duty of the said Treasurer and Receiver ofpublic monies to give receipts for the monk's bythem received, to the persons respectively payingthe same; to transmit within thirty days in caSe ofpublic sale, and quarterly in case of private sale,an account of all the public monies by themreceived, specifying the amount received from each

erson, and distinguishing the sums received fromeying expenses, and those received for pur-

chase money, to the Secretary of the Treasury,and to the Registers of the land-office, as the casemay be, The said Receivers of public monies shall,within three months after receiving the same,tram-mit the monies by them received to theTreasurer of the United States; and the Receiversof public monies for the said sales, and also theReceivers of public monies for the sales whichhave taken place at Pittsburg under the act. in-tituled, "An act providing for the sale of thelands of the United States in the territory north-west of the Ohio, and above the mouth of Ken-tucky river," shall receive one per cent. on themoney received, as a compensation for clerk hire,receiving, safe-keeping, and transmitting it to theTreasury of the United States.

Sec. 7. And be it further enacted, That it shallbe the duty of the Registers of the land-officesrespectively, to receive and enter on books keptfor that purpose only, and on which no blankleaves or space shall be left between the differententries, the applications of any person or personswho may apply for the purchase of any section orhalf section, and who shall pay him the fee here-after-mentioned, and produce a receipt from theTreasurer of the United States, or from the Re-ceiver of public monies appointed for that purpose,for three dollars for each half section such personor persons may apply for, and for at least one-twentieth part of the purchase money, statingcarefully in each entry the date of the application,the date of the receipt to him produced, theamount of monies specified in the said receipt,and the number of the section or half section,township and range applied for. If two or morepersons shall apply at the same time for the saidtract, the Register shall immediately determineby lot, in presence of the parties, which of themshall have preference. He shall file the receipt formonies produced by the party, and give him acopy, of his entry, and if required, a copy of the

description of the tract, and a copy or tilt pistof the same, or either of them; and it shall be Insduty to inform the party applying for anytract, whether the same has already been entered,purchased, or paid for, and at his reotiost to givehim a copy of the entry or entries concerning the

Ile shall, three months after the date of eachapplication, if the party shall not have within thattime produced to him a receipt of tbe payment ofone fourth part of the purchase money, inelndinpthe twentieth part above-mentioned, enter underits proper date, in the said book of entries, thatthe payment has not been made, and that the landhas reverted to the United States, and he shallmake a note of the same in the margin of the hOokopposite to the original entry. And if the partyshall, eit her at the tittle of making the originalentry, or at any time within three monthafter, produce a receipt to him, for the fourthpart of the purchase money, including the twen-tieth part aforesaid, he shall file the receipt, makean entry of the same, under its proper date, in thesaid book of entries, make a note of the same in

nargM of the book, opposite to the originalentry, and give to the party a certificate, describ-

the land sold, the sum paid on account, thenee remaining due, the time and times when

such balance shall become due, and that if it shallbe duly discharged, the purchaser or his assigneeor other legal representative, shall be entitled toa patent for the said lands; he shall also upon anysubsequent payment being made, and a receiptfrom the receiver being produced to him, file theoriginal receipt, give a receipt for the same to theparty, and enter the same to the credit of theparty, in a book kept for that purpose, in whichhe shall open an account in the name of eachpurchaser, for each section or half section that maybe sold either at public or private sale, and inwhich he shall charge the party for the wholepurchase money, and give him credit for all hispayments; making the proper charges and allow-ances for interest or discount, as the case may be,according to the provisions of the fourth sectionof this act; and upon the payment being com-pleted and the account finally settled, he shallgive a certificate of the same to the party; and onproducing to the Secretary of the Treasury, thesame final certificate, the President of the UnitedStates is hereby authorized to grant a patent forthe lands to the said purchaser, his heirs or assigns;and all patents shall be countersigned by theSecretary of State, and recorded in his office.

Sec. 8. And be it further enacted, That the ,

Registers of the land-offices respectively,: shallalso note on the book of surveys,: or originalplat transmitted to them, every tract which may besold, by inserting the letter A on the day when the

appleat for, mel letter 'ah-n a teeeipt for otie total}, taut 4,1` ths,money ts prodoced tI thene siii1 he c000rte the

isl letter A on the day," when the latid 001 revertthe thilled States, on failure of the payinent of

one fourth part or iho lairchase money ielthieIhree months idler the date of applieatioti.the -'4iist hook of sairveys or origioal plat !than heover; lo all times, in presenee Of the Itt7ghtet, forthe ihgpectioti Of any individual, aptilying for thesame and iiiiyeat the proper fee.

Sec. U. And he it further enacted, Timt it shallhe the duty o: the itegistere of the hindaiffieesLI) fraligmit iptarterly to the Seeretary or ow'treasury, and to the Siirveyor,General, an accounto the several trara,s applied for, of the severaltracts for whieh the payment of one fourth partsit tho jairchase money has been mad, or thp sev.,etal trace; which have reverted to the tinited State%

faiitire or the aaid payment; and alSO no accountot all the pigments or monies by them entered,accordieg the receipts produced to them,spcifying Rfill5 Of money. the naierei or thepersons paying the same, the italbOA or the officerswho have received the *woe, and the tracts forwhich the Nome have hem ptaid,

itieC, 10, .4tid be it further enacted, That theRegisters aforesaid shall be precluded from en,toring on their books any application for lands intheir own mime, (Ind in the name of any otherperson in trust for them; and if any Register shallwish to purchase any tract of land, he may do it byapplication in writing to the Surveyor-General,who !than enter the same on books kept for thatpurpose hy hh-n, who shall proceed in respect tosuch applications, and to any payments made forthe same, in the same manner which the Registersby this act are directed to follow, in respect toapplications made to them for lands by otherpersons. The Registers shall, nevertheless, note oothe book of surveys, or original plat, the apphea-tions and payments thus by them made, and theirright to the pre-emption of any tract shall heardate from the day, when their application for thesame ahall have Wen entered by Ow Surveyor,General in his oWn hook, And if any person ap-plying for any tract shall, not withstanding heshall have reeeived information from the Register,that the stunt has already been applied for by thesaki Register, or by any other person, insist tomake the application, it Anil be the duty of theRegister to enter the %,11the§ noting in the marginthat the same tract is already purchased; but uponapplication of the pvty mule in writing, andwhich he titian file, he may and shall at any futuretime enter under its proper date, that the partywithdraws his former application, and applies inlieu thereof for any other tract: Provided alwayi,

1Thit, 0:111y :.,,h,t11 ,ditiwk!,1 thik hi with,OffeN tor, fonerr ereh lii aPolY iii leafthereof for 'another- tract, rxcrpir when the triicttircrtihest ii lii.. fortiit1 hCrilaPPlif'd for jurecisitis to the thitf' ta that Isk rontiern101016(11)

es' I I And he it furiber crawled, That theSecretary of die Treasury and way pre.su fit hirthcr regulations, in tih, Iwo :rr tit

linoks sutisi arrounk, hy the several of.ticers iii thig. act: menthmed, as 1,0 him way appeartiecemary and proper, in order fully to (sorry intoeffect the provisions of this art.

Hee. 12. And be it further crawled, That theRegisters of the land-otrkes, respectively, shall heentitled to receive from the Treasury or the UnitedStales, one-half per rent. on all the monies ex.pressed in the receipts by them filled rind entered,and or which they shall have transmit:tett an ac-count to the Seeretary or the Treemory. as directedby this neta and they shell further be entitled inreCeiVe, for their own use, from the respectivelartiet,.. the following fee (fir ±-,pryfr:,::, rolideretithat is to ftay; for every original application forland, and a copy of the mime, for a section throedollars, for a half section two dollars, for everycertificate statirg that the first fourth patt of thepurch ie money is paid twenty4ive cents; forevery subsequent receipt for monies paid, twenty-five coots; for the final settlement of account andgiving the final certificate of the same, one dollar;for every copy, either of en opplicatioo or of thedescription of any section or wialf section, or of theplat of the same, or of aco entry made on theirbooks, or of any certificate heretofore given bythem, twentpfive cents for each', and for anyentry made on their books, or of any certificateheretofore given by them, twentyofive cents foreach; and for any general inspection of the bookof $1,11VeyA, or general plat, made in their presence,twenty.five cents.

Sec, 13. And he it further enacted, That thesuperintendeots of the public sales, to be madeby virtue of this act. and the superintenderita ofthe sales which have taken place by virtue of theact, intituled, "An act providing for the sale ofthe lands of the United StAtOS in the territorynortlowest of the river Ohio, and obove the mouthor Kentucky river," shall receive five dollar* a

day for every day whilst engaged in that business;and the accounting officers of the Treasury arehereby authorized to allow a reasonable compensa.lion for books, stationery, and clerk hire, insettling the accounts of the said superintendents.

Sec, 14. And he it further enacted, That the feeto be paid for each patent for half a section shallbe four dollars, and for every aection five dollars,to be accounted for by the receiver of the same:

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Dticument 10P- t on: Announcing that Indiana Territory

Had Passed to the Second Grade, 1804

Septe,ber sith 164..

s beint the, daY aloosinted for r2king Oe voice of thepeolpIe, fo:.6c naih(l the re.

lgicond trade crf ( iv ernmtnr, Itone o'clock the ballots Werefor it 85. againil 5

91111..ftemmAna

rows Ind' -.1riber 21,

VINCENNES, ii. T.)SePteniber 1Ith,

This being the day appointee fot taking e voice tor;seopIe, (or & ngtiint the second grade of uoernrnera,

o'clock (hr 1i4Ioi wrr h,r it 85, against 5,

last in II

it tidwr, i jti bidIturv.iii. 19691

I 1r,rel

Sept ,

the l'errioirylinty f Wayn xerptrd In which there

was no Election in Crinsequenee of (he proclamaktion not arriving in time), and I itI appearing thatthere INIIN a majority of one hundred and thirtyEight Freeholders in favor of the proposed Change

Government, the til,overnot Issued a prodama .thin in which he makes known and Dechires thesaid Indiana Territory ri and from henceforth shalllir (loomed to have passed into the second or

)fest7ntatlyv grade ol Uovernme(ud prtpte of the Territory,

entitled to all the rightshat situation, and fu

t. and that theOw dateprivileges

'titson ThurMlay the third day of January next an

E lVrt ion shall he held in each of the severalin the Territory respectively for the

purpose of choosing the members Of the house ofRepresentatives and that the said house of repregentatives shall be composed of nine member:of which there shall be Elected from the County ofKnox Two from the County St. Clair one from theCounty of Randolph one from the County of Clarkone from the County of Wayne three & from theCounty of Dearborn one, and that the said re.presentotives Elected and every of them shouldmeet ut the Town of Vincennes on the first day ofFebruary next for the purpose of choosing man-

ta for the Legislative Council agreeable to the_rdinanee for the Government of the Territory.

Do cuflietit 11

Act Dividing Indi na 'reFr( it,strotobiio,

tmihr, Ii I 1;1)(ulItiowk1 144;4!

AN ACT 10 d le the fruliana Territory INFoseparate goo

it enacted, by the Senate and Hospresentatives of the Untied ShaOs of America.th Congress assembled, That from and after the

leth day of June next, all that part of the In-diana Territory, which lies North of a line drawneast from the southerly bond or extreme of lakeMichigan, undl it shall intersect hike Erie,East of a line drawn from the said southerly bendthrough the middle of said lake to its northernxtremity, and thence due north to the northern

boundary of the United Stat, shall, ror diepurpose of temporary government, constitute aseparate territory, am! be called Michigan.

See, 2, And be it further enacted, That thereshall be established within the said territory, agovernment in all respects similar to that provkledby the ordinance or Congress, liassed on the

th day or July, one thousand seysohundred and eighty.seven, for the governnwithe territory of the United States, north west ofthe river Ohio; and by an act passed on the seventhday of August, one thousand seven hundred andeighty-nine, entitled "An act to provide for thegovernment of the territory north west of the riverOhio;" and the inhabitants thereof shall be en-titled to, and enjoy all and singular the rights,privileges, and advantages granted and securedto the people of the territory of the United States,north west of the river Ohio, by the said ordinance.

Sec. 3, And be it further enacted, That theofficers for the said territory, who by virtue of thisact shall be appointed by the President of theUnited States, by and with the advice and consentof the Senate, shall respectively exercise the samepowers, perform the same duties, and receive fortheir services, the same compensations, as by theordinance aforesaid and the laws of the United

76

itory, 1 05

have boon provided ) cstablisii lairia Ti rritory, anti thy

duties mad eniul imeritc of sup'th thor4e

,

ained shall he ostrua'd ia) as,r, to affect, the government. now in force

Indiana Territory, fur her than to prohibit,the exer0A41 thereof within the said territory ofMichigan, from and aft er the aforesaid I hirtiethday or June next.

Sec.suits, prothirdcourt

the

thirtieth

furtherand proceeding,June next, shall be pcndi

y, which shall be includy of Michigan; anal also all suits,

gs, which on the saidhall by pending ii

general court of the fndinnn Territory, in con.sequence of :thy writ of removal, or order ror trialat bar, and which had been removed from any ofthe counties includcd within the limits of theterritory of Michigan aforesaid, shall, in all thingsconcerning the same, be proceeded on, and judg.merits and decrees rendered thereon, in the samemanner as if the said Indiana Territory had re.mained undivided.

Sec. 0. And be it further enacted, ThL Detshall be the sect of government of the saidritory, until Congress shall otherwise direct.

NAME. MACON,Speaker of the House of Representatives.

A. BURR,Vice-President of the Unit I St at r,c, andPresident of the Se:late.

January 11, 1805.Approved,

ilL JEFFERSOis,

I. That

AN AUtwo sep

ik it

-r,aantline I

for thestitute

Svc, 2.shall be

Act Dividm

iana ierrd t)tV into1 5.

That, from and affrr Owall that part of the Indiana

vest of the Wabash river, andline drawn from the said Wabash riverVincennes, due north to the territorial

the United States and Canada, shall,purpose of temporary government, con.sepia 'e Territory, and he called Illinois,

further enacted, That therethe said Territory a

governmentby the ordin on the thir .teenth day ly, Om? filo I. coven hundredand 4- htv.seveii, for the gover ment of the

nited States Northwestand by an aet Kissed On the seventh

that prova tett

day of August, one thoteighty-nine, entttled "Angovernment of the Territoriver Ohio:" and the nhalhe entitled to, ;

ghts, rivileges, a

secured to the people of theCnited States Northwest of the:he Aid on

And brthe said 1 orr

sl

seven hundred andprovide for the

t hehaltthe

and

That tho

t're,,identUnited States, hy and with the advice and eon .

sent of the Senate, shall respectively exercise thosame powers, perform the same duties, and receivefor their serviees the sa r'011)1W11ii11 :IS by the

Mance aforesaid, and the laws of the Uti batStates,similarduties Ltn0 emolumentsIndian Affairs shall lwernor: Provided. That theStates shall have full power. in

have been provided and established forofficers in the Itidiutna Territory. And the

the Went off Ci

gress, to appoint and commission all Officf!rs '-oreinauthorized, and their Commissions shall continuein force until the end of the next session ofCongress.

Sec. 4. And be it further enacted, That stof the ordinance for the government of theritory of the United States Northwest of the Ohioriver, as relates to the organization of a GeneralAssembly therein, and prescribes the powers there-

101

Document 12

Ifldidlut Ter ry, 1809rrims,!-;htfeht, althna ititori.nt nay

shall he in force, and operate in the lllino1sry, whenever satisfactory evidence shall

thereof that such is thethe freeholders, eotwith,

standin !, there may not be therein five thousandfree male inhabitants or the age of twenty.oneyears and npwards: Provided, That until thereshall be five thousand free intik

ity.one years ant,hole number of re

Assembly shall not1)0 appor

countic:i in thnnmber of free nit

rtk in said Territory,SVii I/10%1(SM 10 11w General

ess than seven, noby the GovernTerritory, agreeably

age or twenty.yoijr9 and upwards, which they may relies:,

That noth ingO a5

further I.IiuUI owithin the Illinois Ter--

aforeWhit the ex"!ritory, from an,.March flext .

Sec. ivied, Nat dlgs which, on the

y 0 itch next. shall he pending in thecourt of any cnuut y whieh slain he iu ludect withinth -gaal Territory of Illinois, and iIu di suits,

I proceedint:s, d firstalday of Nli

court of the lndr, 3any writ of removal1,vidrh had been removed from ;my or ow enmitiesAielud,d withItt th, th, -r,rntory {,r Tl

aforesaid. ball. in all things concerninghe promcded on, and

the mannerundiva .

rther en unitingat as to

may, on

See, 7,In this :let contained iiall he so cons?prevent. I ho e'eill,'et iofl ut taxes whichthe first day or )1arch neNt, he due ,

Territory on lands lying in the said ro_

Sec, 8, And be it fart/ncr enacted Tiuit shall he otherwise ordered by tlw la t.

the sin(' Illinois Territory, kitskaskia, on thesippi river, shall

said Illinois "Yet

Document 13

Indiana Suffrage Ac!1)- 110-forl

111.41orita ea)

AN ACT to extend the right or iiffie in theIndiana Territo y, and for other rrjroses.

By it enacted, etc and every freeperson, who shrill have attained th

y.one years, and who shall have pacounty or Territorial tax, and who shall haveresided one year in said Territory, previous to anygeneral election, and be at the time of an: iwelllection a resident of said Territory. shall betitled to vote for members or the Legklativi.Council and Muse of Representatives or the Ter-ritorial Legislature, and for a Delegate to theCongres:, of the United States for f.,41,14_1 Teri 440y,

See, 2, And be it further enacted, That thezens of the Indiana Territory, entitled to vote

for Representatives to the General Assembly there-of, may, on the third Monday of April next, andon the third Monday of April biennially there-after (unless the (eneral Assembly of said Ter-ritory shall appoint a different day), elect oneDelegate for said Territory to the Congress of theUnited States, who shall possess the same powersheretofore granted by law to the same.

See. 3, And be it further enacted, That each andevery sheriff that now is or hereafter may beappointed in said Territory, who shall either neg-lect or refuse to perform the duties required by anact, entitled "An act extending the right of suf..

18

811

fragt in the Indiana Territ ory, andpurposes," passe( In ary, oneeight hundred and nine, shall hr liable to a penaltyof one thousand dollars, recoverable by action ofdebt, in any court, of record within the siodritory, one-half for the use of the informer, andthe other for the use of the Territory,

Sec. 4. And be it further enacted, Thal, any per-son holding, or who may hereafter hold, any trifire

from the Governor of the Indiana Ter-., of the peace and militia officers

shall be ineligible to, and disonalifiedmember of the Legislative Council or

Itives for said Territory.And be it further enacted, That each

and every heriff, in each and every county, thatnow is or hereafter may he established in saidTerritory, shall cause to he held the election pre-scribed by this art, according to the time andmanner prescribed by the laws of said Territoryand this act, under the penalty of one thousanddollars, to be recovered in the manner and for the

_e pointed out by the third section of this act.Approved, March 3,1811.

're

toe rantativvs of II

bled,-he Memorial

"t-t ofitory, Asset

t'iUhtthal 0

ordinance ofTerritory, has

Me oDocum nt 14

al for Indiana Statehood, 1815

Senate f flop.United

of the Legislative Coot t1 nds-ntatives, of the Indiana

the town of Corydon,hundred and fifteen, in be-

eipeetfully Sheweth.-'rhat 1Nhereas the

' Inment, of thiswhenever there Ahallvided,

be sixty thouaand free inhohitistik therein, thisTerritory shall he admitted into the Limon, (in anequal footnig with the original States,- AndWhereas by a census taken by the authority of theLegislat ure of this Territory, it. appears from the

he number of free white inhabitants,thousand, we therefore pray the" and House of Representotives,

in t(ifl1PSS assembled, to order an election, to becondi loveably to the existing laws of thisTerritory, to tic held in the several counties of thisTerritory, on the first monday or Nlay 1816, for

atives to meet in convention, at the watnom of this Territory the day of

Who when assembled shall determby a majority of the votes, of all the memberselected, Whether it will hr expedient or inexpe .dient, to go into a State Government, and if it be

-Tanned expedient, the convention thus assembled, shall have the power to form a constitutionand frame of Government, or if it be deenied

cdient, to provide for theives, to meet in conve

lure period to form a con_And Whereas the poopt

made t7eat sacrifices,frontiers, wl -

'Nhicbeent hat congressper cent on all monies reieiveUnited States hind offices, from tApril 11316, for lands already sold, or hereafter tolw sold, lying in this Territory, such per contageto he at the disposal of this Government, in suchway as may he judged most conducive to theGeneral welfare. It is expected by us that theGeneral Government, will he disposed to confirm

some

on the_angers

, by, have

tihet,

of

roan it timoolo, coralat.Stoic oft I Itt,Ana bitli311,1 1 Viet

to us her11. Westo the littlininu Territory foremy, also the rescrvrti Sections Iof the Territory where the Indian title has alreadyheen extinguished, as well as that which nay hehereafter purchased, of the Indians, to be at thedisposal of the future State for the use of Schools,

further requested and expected, that allcoal mines and Salt licks, which may he reserved

he United States, with a sufficiency of huulWork tlwm to erff_.ct., will be granted to the

State. as welt where the Indian title igrelimmished as where it nut, as soon as sucbreliquishment is obtained by the United States.Furthermore its it is conceived b, Us, that the pro-motion of useful Knowledge. is the hest Guaranteeto our ivil institutions , and as cungrels must know,omething of the d Ilficuultirs, of raking money mnew countries, for the ;upport of universities, wethink we do ourselves but justice, in asking areserve of one entire township, for the support ofa college, to be located at some suitable place, onthe United States lands in this Territory.-Andwhereas in the counties of Knox Gibson and Clark,

said Territory, a ikreat quantity, of the lands insaid counties, arc claimed by private individuals,ond confirmed to them by various laws of cnngreLis.which lands are so located that those counties willbe deprived of the benefits from the sixSect ion, reseived by the laws of congress, foruse of chnols, It is therefore expected, that con.

viit reserve an equivalent in lands for the usein said counties, in proportnm to the

-_ 16th Section now the property of

ski!, ,hould have as Seat ofsaid counties.= As it is deenwil good

Governtof the co

a 1 situationand as urh :Ile proper

is not at thk time at thedisposal of this Teri ttorv. or the General Govern.ment, it is expected That uontress will, Wheneverthe Indian title shall be extinguished, grant us atownship of six miles squari. , to he5elected bysuch persons, as the future sta may appoint:andwhereas congress will reeeive the mustS corninformation from this body, to enable them toproportion the nu aro. of representatives to theconvention in the different counties, we recom-mend the following as proportioned to the census

ft wnt;hid prim

of each county, according to their present holItAries to

WayneFranklinDearbornSwitnfrlawl ,

JeffersonClorkPerry I.WashingtonI hirrison - 4.

Gibson 4.

Warrick

80

4i4r.

shho h.11.41hrthof.,

And %Nhereas the inhabitants or this TertilorY,go principally composed or (,!niigronts, fronl everypart of the union, and as various in (hoir cunouusfind sentiments, as in their iwrsnnti. We think itprodont cit. this Owe h. i#xpress to Ihe GeneralGovernment, our attachment to the fundamentalprinciples of Isegislation, prescribed by congressin their ordinance for tiw. Government of thisTerritory, particularly 118 respects personal freedomand involuntary servitude, and hope that they mayhe continued IIS the basis of our constitu(iou.

DENNIS PENNINGTON Spealterof the !louse representativen

DAVI') umPP prettidenr of theLegislative Council--

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PERRYPOSEY WARRICK

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Indiana Counties. IKFrom; Robert C. Kingshury, Ana* oft!' Induma tfiloom-

ington: Department of: eoGgra Inphy, diana University.IWO).

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Docum nt 1

Ind ana Enabling Act, 1816

An ait. ti enable the eople of t hr It Tory ) form r,tate overn.

me , arid for the I T1tslnhi of MLrh stete intothe Union on an equal fo the originalstates.

preseteongres:

elffieled by the"ves of the United States 0

embled, That the inheltiIndiana be, and they ar

author ed to form for themselvcand sta t e government, and to essu

they shall deem proper: and the ssql shall be admitted into the

footing with the originalvhatever.

Sec. 2. And besaid state shall consist of awit hin the following boundaries.

lusrebyitittion

name0, whenn upon

in all

That theluded

dcdon the east, by the meridian line which forms thewestern boundary of the state of Ohio: on thesouth, hy the river Ohio, from the mouth of theGreat Miami river, to the mouth of the riverWabash; on the west, by a line drawn along themiddle of the Wabash from its mouth, to a point,where a due north line drawn from the town ofVincennes, woukl last touch the north westernshore of the said river; and from thence by a duenorth line, until the same shall intersect an eastand west line, drawn through a point ten milesnorth of the southern extreme of lake Michigan; onthe north, by the said east and west line, untilthe same shall intersect the first mentioned me-ridian line which forms the western boundary ofthe state of Ohio: Provided, That the conventionhereinafter provided for, when formed, shallratify the I oundaries aforesaid; otherwise theyshall be and reMain as now prescribed by theordinance for the government of the territorynorthwest of the river Ohio: Provided aka, Thatthe said state shall have concurrent jurisdiction onthe river Wabash, with the state to be formedwest thereof, so far as the said river shall form acommon boundary to both.

Sec. 3, And be it further enacted, That all maleitizens of the United States, who shall havearrived at the age of twenty one years, and residedwithin the said territory, at least one year previousto the day of election, and shall have paid a countyor territorial tax; and all persons having in otherr_ pects the legal qualifications to vote for rep-

It

I II!tarIe4I liariia, I .1119),

iVv itt the ge,tt'ral assemb y of the said)ry he, and they are hereby au horized to

esett.ives to form a convention, whoshall 1w apportIoned mongst the several countieswithin the said territory, according to the appor-thimmint made by the legislature thereof, at theirlast session, to wit: from the, county of Wayne,four representatives; from the county of Franklin,five representatives; from the county of Denrborn,three representatives; from the county of Switzer-land, one representative; from the moot y tr.(son, three representatives; from the county ofClark, five representatives; from the county orhirrison, five representatives; from the county of

Washington, five representatives; from the countyof Knox, five representntives; from the county ofGibson, four representatives; from the county ofPosey, one reprosentative from the county ofWarrick, one representative; from the county ofPerry, one representative. And the election for therepresentatives aforesaid, shall be holden on thesecond Monday of May, one thousand eighthundred and sixteen, throughout the severalcounties in the said territory; and shall be con-ducted in the same manner, and under the samepenalties, as prescribed by the laws of said ter-ritory, regulating elections therein for members ofthe house of representatives.

Sec. 4. And be it further enacted, That themembers of the convention, thus duly elected be,and they are hereby authorized to meet at theseat of the government of the said territory, onthe second Monday of June next, which conven-tion, when met, shall first determine, by a majorityof the whole number elected, whether it be, orbe not expedient, at that time, to form a eon-stitution and state government, for the peoplewithin the said territory, and if it be determinedto he expedient, the convention shall be, and here-by are authorized, to form a constitution andstate government: or if it be deemed more ex-pedient, the said convention shall provide by or-dinance for electing representatives to form a con-stitution, or frame of government; which said rep-

entatives shall be chosen in such manner, andin such proportion, and shall meet at such Lime andplace, as shall be piescribed by the said ordinance,and shall then form, for the people of said ter-ritory, a constitution and state government:Provided, That the same, whenever formed, shall

M1

he find not rept ttauL to 1110h4' rtuksof tl ordinance of the thirteen l- onethousand seven hundred and vie!) at-s_ von, whiciare declard to be irrevocable between the orgates, and the people rind states of ritoryaorthwest of I he river Ohio; excepting go much of

I articles AN relate to tin! boundaries of thestates therein to be formed.

See. 6, And be it further d, Thatthe next general census shall I taken, the saitstate shall tw entitled to (me representative in thehouse of representatives of the' United States.

Sec. 6. And be it further enacted, That thefollowing propositions be, and the same are herebyoffered to the convention of the said territory

f Indiana, when formed, for their free acceptanceor rejectioo, which, if accepted by the conventioh,shall be obligatory upon the United States,

First, That the section numbered sixteen, 111every township, and when such section has been

d, granted or disposed of, other lands, equiva-lent thereto, and most cortiguous to the game,shall he granted to the inhabitants of such town-ship for the use of schools.

Second. That all gall springs within the sterritory, and the land reserved for the use of thesame, together with such other lands as may, bythe president of the United States, be deemednecessary and proper for working the said saltsprings, not exceeding, in the whole, the quantitycontained in thirty-six entire sections shall begranted to the said state, for the use of the peopleof the said state, the same to be used under suchterms, conditions, and regulations as the legisla-ture of the said state shall direct: provided thesaid legislature shall never sell nor lease the same,for a longer period than ten years at any one time,

Third. That five per cent of the net proceeds ofthe lands lying within the said territory, and whichshall he sold by Congress from and after the firstday of December next, after deducting all expensesincident to the same, shall be reserved for makingpublic roads and canals, of which three-fifths shalllw applied to those objects within the gaid state,under the direction of the legislature thereof,and two-fifths to the making of a road or roadsleading to the said state under the direction ofCongress.

Fourth. That one entire township, which shallbe designated by the president of the UnitedStates, in addition to the one heretofore reservedfor that purpose, shall be reserved for the use of

_ seminary of learning, and vested in the legisla-ture of the said state, to be appropriated solelyto the use of such seminary by the said legislature.

Fifth. That four sections of land be, and thesame are hereby granted to the said state, for thepurpose of fixing their seat of government there-

di four liel! 11S shall, mule (hi-veinalh'gihl:itIIrc umf said slate, In, located any

timmie, in such township awl range, as Ow logisla-Imre aforesaid limy select, oil suh lands as mayhereafter In, acquired by the United States, fromlie Indian tribes within the said territory: Prw

, 'flint such locations shall bp made priorLo the public sak, of the hinds of the UnitedStates, surroundimig such location: And providedalways, That the five foregoing propositions,herein offered, are, on the conditions that theconvention of tlit' said state shall provide by anordinance irrevocable, without the consent of tlwUnited States, that every and each tract of land

by th" United States, from and after theday of December next, shall be and remain

exempt from any tax, laid by order or underany authority of the state, whether for state,county or township, or any other purpose what-ever, for the term of five years, from and afterthe day of sale.

(Approved, , 1 Ri 6/

natIum Jennings by James ForbesCourtesy Robed Wallace and Indiana Historical

Jennings served as first governor of the state of Ind'all

'Me folloviiig 111) 1787 Nowest Ordinance has Imen prcitrtd wince hilly forsecondary school teachers of American history,government, nnd CivICS. These books and journalarticles might be used by teachers as backgroundreading in preparation for teaching lessons in thisvolume, They might, also be assigned as extrareading by students interested in extending theirknowledge of ideas treated in these lessons.

A few items in this hibliovraphy include an EDimmber, which idottifies them as resources in the

Select B ibliography

ERIC (Educational Resources Informationsystem. These resources art available tfl n'fiche or paper copies from the ERIC DocumentReproduction Service (EDRS) information

1 pri-es write to EDRS, 3900 Wheeler Avenue,Alexandria, Virginia 22304. Abstracts and de-scriptive information on these ERIC documents are

'Wished in Resources in Education (RIE). MostERIC documents are available for viewing inmicrofiche at lihrarie that ",t1i1-,. ribu to the ERICcollection.

Berkhofer. Robert E. "Jefferson, the Ordinance of1784, and the Origins of the American T&r-ritorial System." William and Mary Quarterly,29 (April 1972): 231-262,

Billington, Ray Allen. Westward Expansion: AHistory of the American Frontier. New York:Macmillan, 1967.

Bloom, John Porter, ed. The American TerritorialSystem. Athens: Ohio University Press, 1973,

Ruley, R. Carlyle. The Old Northwest: PioneerPeriod, 1815-1840. Indianapolis: IndianaHistorical Society, 1950: reprint Bloomington:Indiana University Press.

Burnett, Edmund Cody. The Continental Congress,1774-1789. New York: W.W. Norton, 1964,

Eblen, Jack Ericson. The First and Second UnitedStates Empires. Pittsburgh: University of Pitts-burgh Press, 1968.

Hinsdale, B.A. The Old Northwest: The Beginningsof Our Colonial System. Roston: Silver, Burdettand Company, 1899.

Indiana Historical Society. Proceedings of theIndiana Historical Society, 1830-1886. Indiana-polis: The Bowen-Merrill Company, 1897.

Jacobson, Daniel. The Northwest Ordinance of1787: A Special Teaching Unit. East Lansing:Michigan State University Alumni Association,1987,

Jensen, Merrill. The New Nation: A History ofthe United States During the Confederation,1781-1789. New York: Mfred A. Knopf, 1950,

Lindley, Harlow, et al. History of the Ordinanceof 1787 and the Old Northwest Territory.Marietta, Ohio: Northwest Territory Celebra-lon Commission, 1937.

The Northwest OrdinancePopwl Development in Indiana.

ented at the Symposium on the Constitu-tion and Northwest Ordinance in the Educationof Citizens held at Ball State University, Muncie,Indiana, March 13, 1986. ED 268 057.

The American Constitution and the OldFederalism: Views From the Hoosier State.Bicentennial of the U. S. Constitution LectureSeries, Bloomington: The Poynter Center ofIndiana University, 1985.

Malone, Dumas. Jefferson the Virginian. Boston:Little, Brown and Company, 1948, pp. 373-423.

Onuf, Peter S. "From Constitution to Higher Law:The Reinterpretation of the Northwest Ordi-nance." Ohio History, 94 (Winter/Spring 1985):5-33.

The Origins of the Federal Republic: Juris-dictional Controversies in the United States,1775-1787. Philadelphia: University of Penn-sylvania Press, 1983.

Statehood and Union: A History of theNorthwest Ordinance. Bloomington : IndianaUniversity Press, 1987,

Patrick, John J. Lessons on the Northwe t Ordi-nance: A Teaching Unit of Six Lessons. Bloom-ington, Indiana: Social Studies DevelopmentCenter of Indiana University, 1986. ED 272438.

Teaching About the Constitution andNorthwest Ordinance in Secondary School.An occasional paper of the Social StudiesDevelopment Center of Indiana University,1987. ED number to be assigned.

83

Cone itution and the Northwe4Ordinanc th the Education of Citizens."ternational Journal of Soeial Educa(ion,(Spring 1987 ): 545,

and Richard C, limy, Lessons on the Om-stitution. Washington, 1) .C%: Project 137 of thAmerican Historical Association and the Amer

Political Science Assoct, 1985. ED 258

Peas, Theodore C. "The Ordinance of 1787."Mississippi Valley Historical Uccle 25 (Sep.tember 1938): 167480.

Pldlbriek, FrtIlcig S. The like of t;ie Wera,1830. New York: I lamer 8z. I ow, 1965.

It akovo, gittiting,q Natimtal:tics: ..., l ti In (;'rpre(ivt' !11ttory 0 ' Continec'<ulgre vVork: Alfred A. Knopf, ,-

Itisinger, C. Frederick, -.sources chinaAbout the U.S. (oiistjliItjoiu iiid the Norr,Ordinance." International Journal of SocialEducation, 2 (Spring 1987): 09408,

Shriver, Philip IL "America's Other Bice I."Old Northwest, 9 (Fall 1983): 219.235,

Taylor, Robert M., Jr., ed. The Northwestrimier. 1787: A Bicentennial Handbook. In.dianapolis: Indiatut Ilislorical Society, 1987.

Seal of the State of IndianaBoth the 1816 and 1851 Indiana Constitutions provide fora state seal to be "kept by the Governor for official pur.

It was not until 1963, however, that the GenralAswmbly gave legal sanction to the traditional design andprovided an official description. Versions of the pioneerscene have been used On Indiana SeSdS since territorial da,,swill are round on official palwrs /IS early as Ism. The

d of the State of Indiana is an instrument of authorityand by its use official documents are attested. By hist, ,r.teal tradition, where the device resides becomes the scatof state gavel nment,

EIndiananmateefo

thefiurnanoes7-P.* atag,dat fqcts peon mod powth. aaaaat, a rilafcr=in-f:am ttle Cttet,rfo,...4f ta, I n H.40,-0A,tec

100 INg,anaf to,00.0r,r,t, fp, 1r,t, Honarowl,