Northwest Ordinance

In the 1783 Treaty of Paris, which formally ended the American Revolutionary War, Great Britain ceded the region to the United States.

Britain took over the Ohio Country, as its eastern portion was known, but a few months later, King George III forbade all settlements in the region by the Royal Proclamation of 1763.

With the Patriots' victory in the American Revolutionary War and the signing of the 1783 Treaty of Paris, the United States claimed the territory as well as the areas south of Ohio.

The territories were subject to overlapping and conflicting claims of the states of Massachusetts, Connecticut, New York, and Virginia dating from their colonial past.

The states were encouraged to settle their claims by the U.S. federal government's de facto opening of the area to settlement after the defeat of Great Britain.

Monroe convinced Congress to reconsider the proposed state boundaries; a review committee recommended repealing that part of the ordinance.

Other events such as the reluctance of states south of the Ohio River to cede their western claims resulted in a narrowed geographic focus.

"[11] Passage of the ordinance, which ceded all unsettled lands to the federal government and established the public domain, followed the relinquishing of all such claims over the territory by the states.

The legislation was revolutionary in that it established the precedent for new lands to be administered by the central government, albeit temporarily, rather than under the jurisdiction of the individually-sovereign original states, as under the Articles of Confederation.

Cutler also took a leading part in drafting the Ordinance of 1787 for the government of the Northwest Territory, which was finally presented to Congress by Massachusetts delegate Nathan Dane.

By changing the office of provisional governor from being elected to appointed, Cutler was able to offer the position to the president of Congress, Arthur St.

[16] While the population of free, male inhabitants of a territory was less than 5,000, there would be a limited form of government: a governor, a secretary, and three judges, all being appointed by Congress.

The secretary, appointed for a four-year term and given a similar freehold estate as the governor but of five hundred acres, would be in charge of keeping and preserving the acts and laws passed by the territorial legislatures, keep the public records of the district, and transmit authentic copies of such acts and proceedings every six months to the secretary of the Continental Congress.

Three judges, who would be appointed indefinitely "during good behaviour" and be given the same freehold as the secretary, would be in charge of helping the governor create and pass acts and laws and in making official court rulings.

In the Northwest Territory, various legal and property rights were enshrined, religious tolerance was proclaimed, and since "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."

The right of habeas corpus was written into the charter, as were freedom of religion and bans on excessive fines and cruel and unusual punishment.

[25][26] Southern states voted for the law because they did not want to compete with the territory over tobacco as a commodity crop since it was so labor-intensive that it was grown profitably only with slave labor.

For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed from time to time as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.

In a conflict sometimes known as the Northwest Indian War, Blue Jacket of the Shawnees and Little Turtle of the Miamis formed a confederation to stop white expropriation of the territory.

After the Indian confederation killed more than 800 soldiers in two battles, the worst defeats ever suffered by the United States in conflicts with Indigenous nations, U.S. President George Washington assigned General Anthony Wayne command of a new army, which eventually defeated the confederation and allowed European Americans to continue to settle the territory.

Northwest Territory (1787)
Map of territories of the United States as it was on August 7, 1789, when the Northwest Territory was organized