Volume III Part 13 (2/2)

The Continental Congress was more than once at its wits' ends in striving to prevent an open break over the land question between the more extreme States on the two sides. The wisest and coolest leaders saw that the matter could never be determined on a mere consideration of the abstract rights, or even of the equities, of the case. They saw that it would have to be decided, as almost all political questions of great importance must be decided, by compromise and concession. The foremost statesmen of the Revolution were eminently practical politicians. They had high ideals, and they strove to realize them, as near as might be; otherwise they would have been neither patriots nor statesmen. But they were not theorists. They were men of affairs, accustomed to deal with other men; and they understood that few questions of real moment can be decided on their merits alone. Such questions must be dealt with on the principle of getting the greatest possible amount of ultimate good, and of surrendering in return whatever must be surrendered in order to attain this good. There was no use in learned arguments to show that Maryland's position was the proper one for a far-sighted American patriot, or that Virginia and North Carolina had more basis for their claims than Connecticut or Georgia. What had to be done was to appeal to the love of country and shrewd common-sense of the people in the different States, and persuade them each to surrender on certain points, so that all could come to a common agreement.

Land Cessions by the Claimant States.

New York's claim was the least defensible of all, but, on the other hand, New York led the way in vesting whatever t.i.tle she might have in the Federal Government. In 1780 she gave proof of the growth of the national idea among her citizens by abandoning all her claim to western lands in favor of the Union. Congress used this surrender as an argument by which to move the other States to action. It issued an earnest appeal to them to follow New York's example without regard to the value of their t.i.tles, so that the Federal Union might be put on a firm basis.

Congress did not discuss its own rights, nor the rights of the States; it simply asked that the cessions be made as a matter of expediency and patriotism; and announced that the policy of the Government would be to divide this new territory into districts of suitable size, which should be admitted as States as soon as they became well settled. This last proposition was important, as it outlined the future policy of the Government, which was to admit the new communities as States, with all the rights of the old States, instead of treating them as subordinate and dependent, after the manner of the European colonial systems.

Maryland then joined the Confederation, in 1781. Virginia and Connecticut had offered to cede their claims but under such conditions that it was impossible to close with the offers. Congress accepted the New York cession gratefully, with an eye to the effect on the other States; but for some time no progress was made in the negotiations with the latter. Finally, early in 1784, the bargain with Virginia was consummated. She ceded to Congress her rights to the territory northwest of the Ohio, except a certain amount retained as a military reserve for the use of her soldiers, while Congress tacitly agreed not to question her right to Kentucky. A year later Ma.s.sachusetts followed suit, and ceded to Congress her t.i.tle to all the lands lying west of the present western boundary of New York State. Finally, in 1786, a similar cession was made by Connecticut. But Connecticut's action was not much more patriotic or less selfish than Georgia's. Throughout the controversy she showed a keen desire to extract from Congress all that could possibly be obtained, and to delay action as long as might be; though, like Georgia, Connecticut could by rights claim nothing that was not in reality obtained for the Union by the Union itself. She made her grant conditionally upon being allowed to reserve for her own profit about five thousand square miles in what is now northern Ohio. This tract was afterwards known as the Western Reserve. Congress was very reluctant to accept such a cession, with its greedy offset, but there was no wise alternative, and the bargain was finally struck.

The non-claimant states had attained their object, and yet it had been obtained in a manner that left the claimant States satisfied. The project for which Maryland had contended was realized, with the difference that Congress accepted the Northwest as a gift coupled with conditions, instead of taking it as an unconditional right. The lands became part of the Federal domain, and were nationalized so far as they could be under the Confederation; but there was no national treasury into which to turn the proceeds from the sale until the Const.i.tution was adopted. [Footnote: Hinsdale, 250.]

The Land Policy of Congress.

Having got possession of the land, Congress proceeded to arrange for its disposition, even before providing the outline of the governmental system for the states that might grow up therein. Congress regarded the territory as forming a treasury chest, and was anxious to sell the land in lots, whether to individuals or to companies. In 1785 it pa.s.sed an ordinance of singular wisdom, which has been the basis of all our subsequent legislation on the subject.

This ordinance was another proof of the way in which the nation applied its collective power to the subdual and government of the Northwest, instead of leaving the whole matter to the working of unrestricted individualism, as in the Southwest. The pernicious system of acquiring t.i.tle to public lands in vogue among the Virginians and North Carolinians was abandoned. Instead of making each man survey his own land, and allowing him to survey it when, how, and where he pleased, with the certainty of producing endless litigation and trouble, Congress provided for a corps of government surveyors, who were to go about this work systematically. It provided further for a known base line, and then for division of the country into ranges of towns.h.i.+ps six miles square, and for the subdivision of these towns.h.i.+ps into lots (”sections”) of one square mile--six hundred and forty acres--each. The ranges, towns.h.i.+ps, and sections were duly numbered. The basis for the whole system of public education in the Northwest was laid by providing that in every towns.h.i.+p lot No. 16 should be reserved for the maintenance of public schools therein. A minimum price of a dollar an acre was put on the land.

Congress hoped to find in these western lands a source of great wealth.

The hope was disappointed. The task of subduing the wilderness is not very remunerative. It yields a little more than a livelihood to men of energy, resolution, and bodily strength and address; but it does not yield enough for men to be able to pay heavily for the privilege of undertaking the labor. Throughout our history the pioneer has found that by taking up wild land at a low cost he can make a rough living, and keep his family fed, clothed, and housed; but it is only by very hard work that he can lay anything by, or materially better his condition. Of course, the few very successful do much more, and the unsuccessful do even less; but the average pioneer can just manage to keep continually forging a little ahead, in matters material and financial. Under such conditions a high price cannot be obtained for public lands; and when they are sold, as they must be, at a low price, the receipts do little more than offset the necessary outlay. The truth is that people have a very misty idea as to the worth of wild lands. Even when the soil is rich they only possess the capacity of acquiring value under labor. All their value arises from the labor done on them or in their neighborhood, except that it depends also upon the amount of labor which must necessarily be expended in transportation.

It is the fas.h.i.+on to speak of the immense opportunity offered to any race by a virgin continent. In one sense the opportunity is indeed great; but in another sense it is not, for the chance of failure is very great also. It is an opportunity of which advantage can be taken only at the cost of much hards.h.i.+p and much grinding toil.

The Ordinance of 1787.

It remained for Congress to determine the conditions under which the settlers could enter the new land, and under which new States should spring up therein. These conditions were fixed by the famous Ordinance of 1787; one of the two or three most important acts ever pa.s.sed by an American legislative body, for it determined that the new northwestern States, the children, and the ultimate leaders, of the Union, should get their growth as free commonwealths, untainted by the horrible curse of negro slavery.

Several ordinances for the government of the Northwest were introduced and carried through Congress in 1784-1786, but they were never put into operation. In 1784 Jefferson put into his draft of the ordinance of that year a clause prohibiting slavery in all the western territory, south as well as north of the Ohio River, after the beginning of the year 1801.

This clause was struck out; and even if adopted it would probably have amounted to nothing, for if slavery had been permitted to take firm root it could hardly have been torn up. In 1785 Rufus King advanced a proposition to prohibit all slavery in the Northwest immediately, but Congress never acted on the proposal.

The next movement in the same direction was successful, because when it was made it was pushed by a body of well-known men who were anxious to buy the lands that Congress was anxious to sell, but who would not buy them until they had some a.s.surance that the governmental system under which they were to live would meet their ideas. This body was composed of New Englanders, mostly veterans of the Revolutionary War, and led by officers who had stood well in the Continental army.

When, in the fall of 1783, the Continental army was disbanded, the war-worn and victorious soldiers, who had at last wrung victory from the reluctant years of defeat, found themselves fronting grim penury. Some were worn with wounds and sickness; all were poor and unpaid; and Congress had no means to pay them. Many among them felt that they had small chance to repair their broken fortunes if they returned to the homes they had abandoned seven weary years before, when the guns of the minute-men first called them to battle.

The Ohio Company.

These heroes of the blue and buff turned their eyes westward to the fertile lands lying beyond the mountains. They pet.i.tioned Congress to mark out a territory, in what is now the State of Ohio, as the seat of a distinct colony, in time to become one of the confederated States; and they asked that their bounty lands should be set off for them in this territory. Two hundred and eighty-five officers of the Continental line joined in this pet.i.tion; one hundred and fifty-five, over half, were from Ma.s.sachusetts, the State which had furnished more troops than any other to the Revolutionary armies. The remainder were from Connecticut, New Hamps.h.i.+re, New Jersey, and Maryland.

The signers of this pet.i.tion desired to change the paper obligations of Congress, which they held, into fertile wild lands which they should themselves subdue by their labor; and out of these wild lands they proposed to make a new State. These two germ ideas remained in their minds, even though their pet.i.tion bore no fruit. They kept before their eyes the plan of a company to undertake the work, after getting the proper cession from Congress. Finally, in the early spring of 1786, some of the New England officers met at the ”Bunch of Grapes” tavern in Boston, and organized the Ohio Company of a.s.sociates. They at once sent one of their number as a delegate to New York, where the Continental Congress was in session, to lay their memorial before that body.

Congress and the Ohio Company.

Congress was considering another ordinance for the government of the Northwest when the memorial was presented, and the former was delayed until the latter could be considered by the committee to which it had been referred. In July, Dr. Mana.s.seh Cutler, of Ipswich, Ma.s.sachusetts, arrived as a second delegate to look after the interests of the company.

He and they were as much concerned in the terms of the governmental ordinance, as in the conditions on which the land grant was to be made.

The orderly, liberty-loving, keen-minded New Englanders who formed the company, would not go to a land where the form of government was hostile to their ideas of righteousness and sound public policy.

The Prohibition of Slavery.

The one point of difficulty was the slavery question. Only eight States were at the time represented in the Congress; these were Ma.s.sachusetts, New York, New Jersey, Delaware, Virginia, North and South Carolina, and Georgia--thus five of the eight States were southern. But the Federal Congress rose in this, almost its last act, to a lofty pitch of patriotism; and the Southern States showed a marked absence of sectional feeling in the matter. Indeed, Cutler found that though he was a New England man, with a New England company behind him, many of the Eastern people looked rather coldly at his scheme, fearing lest the settlement of the West might mean a rapid drainage of population from the East.

<script>