Northwest Ordinance Quotes

Sealth died in 1866, one year after the city which bore his name passed an ordinance to ban Indians from town.

Pedigree was the centerpiece of Supreme Court chief justice Roger B. Taney’s majority opinion in the Dred Scott decision (1857). Though this case assessed whether a slave taken into a free state or federal territory should be set free, its conclusions were far more expansive. Addressing slavery in the territories, the proslavery Marylander dismissed Jefferson’s prohibition of slavery in the Northwest Ordinance as having no constitutional standing. He constructed his own version of the original social contract at the time of the Revolution, the Declaration of Independence, and the Constitutional Convention: only the free white children of the founding generation were heirs to the original agreement; only pedigree could determine who inherited American citizenship and whose racial lineage warranted entitlement and the designation “freeman.” Taney’s opinion mattered because it literally made pedigree into a constitutional principle. In this controversial decision, Taney demonstrably rejected any notion of democracy and based the right of citizenship on bloodlines and racial stock. The chief justice ruled that the founders’ original intent was to classify members of society in terms of recognizable breeds.

He noted that the same summer that witnessed the Constitutional Convention saw the passage of the Northwest Ordinance barring slavery north of the Ohio River.

After an early legal and legislative life attempting to abolish slavery, Jefferson, now at midlife, made a calculated decision that he would no longer risk his “usefulness” in the arena by pressing the issue.55 (There was a partial victory later: The Northwest Ordinance of 178756 prohibited slavery north of the Ohio and east of the Mississippi rivers.) In all, though, for Jefferson public life was about compromise and an unending effort to balance competing interests. To have pursued abolition, even when coupled, as it was in Jefferson’s mind, with deportation, was politically lethal. And Jefferson was not going to risk all for what he believed was a cause whose time had not yet come.

Ohio had achieved statehood in 1803, but it continued to grow dramatically, doubling in population from a quarter of a million to half a million in the decade following 1810. By 1820, it had actually become the fourth most populous state, exceeded only by New York, Pennsylvania, and Virginia. Indiana and Illinois, admitted into the Union as states in 1816 and 1818, had respectively 147,000 and 55,000 people in the census of 1820.33 The southern parts of the three states were settled faster, because the Ohio River provided both a convenient highway for travelers and the promise of access to market. Most early settlers in this area came from the Upland South, the same Piedmont regions that supplied so many migrants to the Southwest. Often of Scots-Irish descent, they got nicknamed “Butternuts” from the color of their homespun clothing. The name “Hoosiers,” before its application to the people of Indiana, seems to have been a derogatory term for the dwellers in the southern backcountry.34 Among the early Hoosiers was Thomas Lincoln, who took his family, including seven-year-old Abraham, from Kentucky into Indiana in 1816. (Abraham Lincoln’s future antagonist Jefferson Davis, also born in Kentucky, traveled with his father, Samuel, down the Mississippi River in 1810, following another branch of the Great Migration.) Some of these settlers crossed the Ohio River because they resented having to compete with slave labor or disapproved of the institution on moral grounds; Thomas Lincoln shared both these antislavery attitudes. Other Butternuts, however, hoped to introduce slavery into their new home. In Indiana Territory, Governor William Henry Harrison, a Virginian, had led futile efforts to suspend the Northwest Ordinance prohibition against slavery. In Illinois, some slaveowners smuggled their bondsmen in under the guise of indentured servants, and as late as 1824 an effort to legalize slavery by changing the state constitution was only defeated by a vote of 6,600 to 5,000.35

Fully fifteen years after his father’s success in championing passage of the 1787 Northwest Ordinance abolishing slavery in the territory, he had carried the same banner of abolition and with success.

The Massachusetts constitution states that "Wisdom and knowledge, as well as virtue, diffused generally among the body of people [are] necessary for the preservation of their rights and liberties." It was the "duty" of the government, [John] Adams wrote, to educate everybody. The Northwest Ordinance reads, "Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and means of education shall be forever encouraged." These are strong, clear declarations of faith in education as the bulwark of freedom. For self-government to work, the people must be educated.

The ordinal directions are represented by the moon (the north-east), the sun (the south-west), fire (the north-west) and wind (the south-east).

Jefferson understood the sentiment. The people of Louisiana were as “incapable of self-government as children,” he judged, adding that the “principles of popular Government are utterly beyond their comprehension.” Rather than putting Louisiana through the normal Northwest Ordinance procedures, Jefferson added a new initial phase, military government, and sent the U.S. Army to keep the peace. By 1806, the Territory of Louisiana hosted the largest contingent of the army in the country.

It was an act of wholehearted fortitude and the result was never to be forgotten. “It cost me every effort I was capable of making,” he wrote, “and it passed by a majority of one vote only.” Fully fifteen years after his father’s success in championing passage of the 1787 Northwest Ordinance abolishing slavery in the territory, he had carried the same banner of abolition and with success.

And so Jefferson wrote the Northwest Ordinance of 1787, which organized the new territories of Ohio, Indiana, Illinois, Michigan, and Wisconsin so that slavery would be permanently illegal there.