“At the foundation of the constitution of these new Northwestern States,” said Daniel Webster in his great reply to Hayne, “lies the celebrated Ordinance of 1787. We are accustomed to praise the lawgivers of antiquity; we help to perpetuate the fame of Solon and Lycurgus; but I doubt whether one single law of any lawgiver, ancient or modern, has produced effects of more distinct, marked and lasting character than the Ordinance of 1787. That instrument was drawn by Nathan Dane, a citizen of Massachusetts; and certainly it has happened to few men to be the authors of a political measure of more large and enduring consequence. It fixed forever the character of the population in the vast regions northwest of the Ohio, by excluding from them involuntary servitude. It impressed on the soil itself, while it was yet a wilderness, an incapacity to sustain any other than free men. It laid the interdict against personal servitude, in original compact, not only deeper than all local law, but deeper also than all local constitutions. We see its consequences at this moment, and we shall never cease to see them, perhaps, while the Ohio shall flow.”
Mr. Hoar spoke as strongly of the Ordinance, in his Marietta oration. “The Ordinance of 1787 belongs with the Declaration of Independence and the Constitution; it is one of the three title-deeds of American constitutional liberty.” But the chief merit of his oration was not the new emphasis with which he said what Webster had said, but the picturesqueness and the power with which he brought the men and the events of that great period of the opening of the West home to the imagination. The oration was especially memorable for the manner in which it set Rufus Putnam, the man of action, the head of the Ohio Company, the leader of the Marietta colony, in the centre of the story, and made us see old Rutland as the cradle of the movement.
Complete religious liberty, the public support of schools, and the prohibition forever of slavery,—these were what the Ordinance of 1787 secured for the Northwest. “When older States or nations,” said Mr. Hoar, “where the chains of human bondage have been broken, shall utter the proud boast, ‘With a great sum obtained I this freedom,’ each sister of this imperial group—Ohio, Michigan, Indiana, Illinois, Wisconsin—may lift her queenly head with the yet prouder answer, ‘But I was free-born.’ ” The moment of this antislavery article of the Ordinance, in view of the course of our national history during the century that has followed, it would not be possible to overstate. When the great test of civil war came, to settle of what sort this republic should be, who dare contemplate the result had these five States been slave States and not free!
Massachusetts makes no false or exclusive claims of credit for the Ordinance of 1787. She does not forget the services of William Grayson, nor those of Richard Henry Lee. She does not forget Thomas Jefferson.[64]
The names of Nathan Dane, Rufus Putnam, Rufus King, Timothy Pickering and Manasseh Cutler are names of the greatest moment in the history of the West. No other group of men did so much as these Massachusetts men to determine what the great West should be, by securing the right organization and institutions for the Northwest Territory and by securing at the beginning the right kind of settlers for Ohio.
It was really Manasseh Cutler who did most at the final decisive moment to secure the adoption