The day following his departure, the committee presented to Congress a new ordinance prepared in accordance with Cutler’s suggestions. If Force could have had access to Cutler’s diary in writing up the history of the Ordinance of 1787, the mystery of the radical changes that he found between the ninth and the eleventh of July would have been solved.
On the eighteenth Cutler was again in New York. On the nineteenth he made this entry in his diary:
“Called on members of Congress very early in the morning, and was furnished with the ordinance establishing a government in the western Federal territory. It is, in a degree, new modeled. The amendments I proposed have all been made except one, and that is better qualified.”
The frame of government having been satisfactorily settled, Congress proceeded to state the conditions on which the sale of lands should be based. On the twentieth these terms were shown to Cutler, who rejected them. He said:
“I informed the committee that I should not contract on the terms proposed; that I should greatly prefer purchasing lands from some of the states, who would give incomparably better terms; and therefore proposed to leave the city immediately.”
Thus it appears quite certain that the distinctive flavor of the ordinance and the provisions which have given it greatness among all the credos of mankind were injected into it after July 9, and after Cutler had been requested to make suggestions and amendments.
But that these vital changes were not original with Cutler is evidenced by his later statement, “I only represented my principals, who would accept nothing less.”
And so the real responsibility for authorship of the ordinance may be traced to the men at the Bunch of Grapes Tavern, to the signers of the Pickering Plan, to the sober-minded and unsung men who had fought and thought a new nation into potential greatness.
At this time a number of other leading persons who held government certificates proposed to make Cutler their agent for the purchase of lands for themselves. This would give him control of some four millions more of the debt with which to influence Congress. He agreed to act for them, on the condition that the affair be conducted secretly. The next day several members called on him. They found him unwilling to accept their conditions, and proposing to leave immediately. They assured him that Congress was disposed to give him better terms. He appeared very indifferent, and they became more and more anxious. His ruse was working admirably. He finally told them that if Congress would accede to his terms, he would extend his proposed purchase. In this way, Congress could pay more than four millions of the public debt. He explained that the intention of his company was an immediate settlement by the most robust and industrious people in America, which would instantly enhance the value of federal lands. He proposed to renew the negotiations on his own terms, if Congress was so disposed.
On the twenty-fourth he wrote out his terms and sent them to the Board of Treasury, which had been empowered to complete the contract. These terms specified that the general government should survey the tract at its expense, stated the method of payment, number of payments, and the time at which the deed should be given. The most striking provisions of the contract set apart the sixteenth section of each township for the support of free schools, the twenty-ninth section of each township for the ministry; and two entire townships for the establishment and maintenance of a university.