NORTHWEST ORDINANCE

The Northwest Ordinance was the third of three major land ordinances passed by the Congress convened under the Articles of Confederation (before the ratification of the U.S. Constitution). The three ordinances also included the Ordinance of 1784 and the Land Ordinance of 1785.) These laws were passed to help manage the lands of the Old Northwest, which were awarded to the United States at the end of the American Revolution (1775–1783)—the modern states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1784 was drawn up by a committee headed by Thomas Jefferson (1743–1826). It created a system of government for the territory and guaranteed settlers the right to organize themselves into new states. The Land Ordinance of 1785 established the way in which the territory would be measured and divided up for sale to prospective settlers and land speculators. The Northwest Ordinance of 1787 (one of the final acts passed by the Confederation Congress before it dissolved) set up the process through which settlers could bring their new states into the Union. The ordinance guaranteed settlers the rights of U.S. citizens; established procedures for dealing with Native Americans in the area; allocated money from the sale of land in the territory to be set aside for public schools; and banned slavery north of the Ohio River. It also established that the territory would eventually be divided into no less than three and no more than five states.

Under the terms of the Northwest Ordinance, the Northwest Territory was divided into a number of districts, each of which was to be administered by a governor and by judges appointed by Congress. When the white male population of a district reached 5000, the district became a territory. It could then form its own territorial legislature, but its executive and judicial officials were still appointed by Congress. When the population of a territory reached 60,000, it could apply for admission as a state. The Northwest Ordinance established that territory brought into the Union would enter on an equal basis with the original 13 colonies, thus, recently-settled areas were prevented from being treated as inferior to more established regions. Settlers in the new areas were also guaranteed certain rights, such as freedom of religion, which the original colonies did not promise to their citizens. Although he took no steps to free the few slaves already living in the territory, Jefferson added a provision specifically banning slavery from being introduced into the territory.

The Northwest Ordinance also tried to establish the government's official policy toward Native Americans living in the area. It required the government to use its "utmost good faith" toward the Indians, and it promised that "their lands and their property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress." The "just and lawful wars" clause was ignored more often than it was honored. In a series of wars ranging over 40 years, from Little Turtle's War (1791–1794) to the Black Hawk War (1832), Native Americans were driven from the Old Northwest and their lands were seized and sold to white settlers.

The economic impact of the Northwest Ordinance was very broad. By making the process of statehood relatively easy, settlers in the Old Northwest were encouraged to ship their produce to American ports rather than to more accessible British, French, and Spanish ports on the Great Lakes or lower Mississippi River. By banning slavery, the area was reserved for free labor. Finally, by allowing Native Americans to be deprived of their lands through warfare, the Northwest Ordinance set a precedent for settler-Native American conflict that lasted over a century.

NORTHWEST ORDINANCE

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