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the fathers of the constitution-第13章
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be entitled to a representative in Congress with the right of debating but not of voting。 And finally; when the inhabitants of any one of these districts should equal in number those of the least populous of the thirteen original States; their delegates should be admitted into Congress on an equal footing。 Jefferson's ordinance; though adopted; was never put into operation。 Various explanations have been offered for this failure to give it a fair trial。 It has been said that Jefferson himself was to blame。 In the original draft of his ordinance Jefferson had provided for the abolition of slavery in the new States after the year 1800; and when Congress refused to accept this clause Jefferson; in a manner quite characteristic; seemed to lose all interest in the plan。 There were; however; other objections; for there were those who felt that it was somewhat indefinite to promise admission into the Confederation of certain sections of the country as soon as their population should equal in number that of the least populous of the original States。 If the original States should increase in population to any extent; the new States might never be admitted。 But on the other hand; if from any cause the population of one of the smaller States should suddenly decrease; might not the resulting influx of new States prove dangerous? But the real reason why the ordinance remained a dead letter was that; while it fixed the limits within which local governments might act; it left the creation of those governments wholly to the future。 At Vincennes; for example; the ordinance made no change in the political habits of the people。 〃The local government bowled along merrily under this system。 There was the greatest abundance of government; for the more the United States neglected them the more authority their officials assumed。〃* Nor could the ordinance operate until settlers became numerous。 It was partly; indeed; to hasten settlement that the Ordinance of 1785 for the survey and sale of the public lands was passed。** * Jacob Piat Dunn; Jr。; 〃Indiana: A Redemption from Slavery;〃 1888。 ** Although the machinery was set in motion; by the appointment of men and the beginning of work; it was not until 1789 that the survey of the first seven ranges of townships was completed and the land offered for sale。
In the meantime efforts were being made by Congress to improve the unsatisfactory ordinance for the government of the West。 Committees were appointed; reports were made; and at intervals of weeks or months the subject was considered。 Some amendments were actually adopted; but Congress; notoriously inefficient; hesitated to undertake a fundamental revision of the ordinance。 Then; suddenly; in July; 1787; after a brief period of adjournment; Congress took up this subject and within a week adopted the now famous Ordinance of 1787。 The stimulus which aroused Congress to activity seems to have come from the Ohio Company。 From the very beginning of the public domain there was a strong sentiment in favor of using western land for settlement by Revolutionary soldiers。 Some of these lands had been offered as bounties to encourage enlistment; and after the war the project of soldiers' settlement in the West was vigorously agitated。 The Ohio Company of Associates was made up of veterans of the Revolution; who were looking for homes in the West; and of other persons who were willing to support a worthy cause by a subscription which might turn out to be a good investment。 The company wished to buy land in the West; and Congress had land which it wished to sell。 Under such circumstances it was easy to strike a bargain。 The land; as we have seen; was roughly estimated at one dollar an acre; but; as the company wished to purchase a million acres; it demanded and obtained wholesale rates of two…thirds of the usual price。 It also obtained the privilege of paying at least a portion in certificates of Revolutionary indebtedness; some of which were worth about twelve and a half cents on the dollar。 Only a little calculation is required to show that a large quantity of land was therefore sold at about eight or nine cents an acre。 It was in connection with this land sale that the Ordinance of 1787 was adopted。 The promoter of this enterprise undertaken by the Ohio Company was Manasseh Cutler of Ipswich; Massachusetts; a clergyman by profession who had served as a chaplain in the Revolutionary War。 But his interests and activities extended far beyond the bounds of his profession。 When the people of his parish were without proper medical advice he applied himself to the study and practice of medicine。 At about the same time he took up the study of botany; and because of his describing several hundred species of plants he is regarded as the pioneer botanist of New England。 His next interest seems to have grown out of his Revolutionary associations; for it centered in this project for settlement of the West; and he was appointed the agent of the Ohio Company。 It was in this capacity that he had come to New York and made the bargain with Congress which has just been described。 Cutler must have been a good lobbyist; for Congress was not an efficient body; and unremitting labor; as well as diplomacy; was required for so large and important a matter。 Two things indicate his method of procedure。 In the first place he found it politic to drop his own candidate for the governorship of the new territory and to endorse General Arthur St。 Clair; then President of Congress。 And in the next place he accepted the suggestion of Colonel William Duer for the formation of another company; known as the Scioto Associates; to purchase five million acres of land on similar terms; 〃but that it should be kept a profound secret。〃 It was not an accident that Colonel Duer was Secretary of the Board of the Treasury through whom these purchases were made; nor that associated with him in this speculation were 〃a number of the principal characters in the city。〃 These land deals were completed afterwards; but there is little doubt that there was a direct connection between them and the adoption of the ordinance of government。 The Ordinance of 1787 was so successful in its working and its renown became so great that claims of authorship; even for separate articles; have been filed in the name of almost every person who had the slightest excuse for being considered。 Thousands of pages have been written in eulogy and in dispute; to the helpful clearing up of some points and to the obscuring of others。 But the authorship of this or of that clause is of much less importance than the scope of the document as a working plan of government。 As such the Ordinance of 1787 owes much to Jefferson's Ordinance of 1784。 Under the new ordinance a governor and three judges were to be appointed who; along with their other functions; were to select such laws as they thought best from the statute books of all the States。 The second stage in self…government would be reached when the population contained five thousand free men of age; then the people were to have a representative legislature with the usual privilege of making their own laws。 Provision was made for dividing the whole region northwest of the Ohio River into three or f
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