Monday, October 20, 2008

Schedule

Now we read the Constitution, as it is the next selection in The Founders' Constitution. We will only take a cursory overview of the document on this blog, with posts on the Congress, the Executive, and so forth. Afterwards, we will move on to a selection from Locke.

Thursday, October 16, 2008

The Northwest Ordinance of 1787 (I.1.8)

Coming upon the heels of previous ordinances of 1784 and '85, the 1787 ordinance set up a system of government and of the creation of new states in the territory that would be Ohio, Illinois, Michigan, Indiana, Wisconsin, and part of Minnesota. The settlers in the territory needed government and there needed to be a system of dividing and purchasing the land. Whereas Jefferson's 1784 ordinance allowed for the rapid creation of many small states, the Confederate states of the east wanted to slow this proliferation down in order to maintain their relative power longer. So, the ordinance of 1787 stipulates that normally 60,000 settlers would be required for a region within the territory to become a state, whereas Jefferson's ordinance had allowed for statehood with fewer settlers.

the 1787 ordinance made provisions for the inheritance of estates and for a governor of the territory appointed by Congress, a secretary, and a court of three judges. The governor and judges were to decide which laws of the original states to enforce in the territory. The governor was to be the commander in chief of the territorial militia. The general assembly was to consist, in addition to the governor, of representatives from counties of at least 5000 free adult male inhabitants. These were to be elected by the landowners who had been citizens of any of the original states. Congress would choose five representatives from ten nominated by the territorial house of representatives to sit in the legislative council. Hence we have a bicameral legislature with a house and a senate.

The document includes articles resembling a bill of rights:

1. The settlers' freedom of religion was protected.

2. The territory was subject to rule of law: habeas corpus, trial by jury, proportional representation, etc.

3. Schools were 'encouraged' because 'religion, morality, and knowledge' were of value. Indian property rights were to be respected and Indian friendship was to be valued.

4. The territory was to be part of the U.S. and subject to the Articles of Confederation, to federal taxation, and to a share in the liability for the national debt.

5. Three to five states would be formed. When any state had 60,000 inhabitants, it would be admitted in full standing into the confederacy of states. (Admission with fewer than 60,000 was countenanced in the case of regions with republican government.)

6. Slavery was made illegal in the territory. However, slaves escaping to the territory from any of the states may be returned to their masters.