Five-minute digest
The Northwest Ordinance
Summary
The Northwest Ordinance, officially An Ordinance for the Government of the Territory of the United States North-West of the River Ohio, was passed by the Confederation Congress on 13 July 1787, while the Constitutional Convention was meeting in Philadelphia. It is one of the most important laws in American history. It created a government for the vast territory between the Ohio River, the Mississippi and the Great Lakes, and it set the pattern by which new states would join the Union as equals of the original thirteen. The first part of the ordinance sets out a plan of government in stages. At first Congress appoints a governor, a secretary and three judges, who adopt laws from the existing states. When the territory has five thousand free adult male inhabitants, they may elect a general assembly and send a non-voting delegate to Congress. The ordinance also provides rules for inheritance and the transfer of property. The second part consists of six articles of compact between the original states and the people of the territory, to remain unalterable except by common consent. Article 1 guarantees that no peaceable person shall be molested on account of his mode of worship or religious sentiments. Article 2 secures habeas corpus, trial by jury, proportionate representation, bail, moderate fines, no cruel or unusual punishments, and the sanctity of private contracts. Article 3 declares that religion, morality and knowledge are necessary to good government and the happiness of mankind, and that schools and the means of education shall forever be encouraged; it also promises the utmost good faith toward the Indians and that their lands shall not be taken without their consent except in just and lawful wars authorized by Congress. Article 4 binds the new states to the Union, and Article 5 provides that between three and five states shall be formed and admitted on an equal footing once a state has sixty thousand free inhabitants. Article 6 forbids slavery and involuntary servitude in the territory, except as punishment for crime, while allowing the return of fugitives. The territory eventually became Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota. The ban on slavery made the Ohio River a boundary between slave and free states, and its words were later used in the Thirteenth Amendment. The promise of good faith to the Indians was repeatedly broken, as the frontier wars that followed showed.
Top Lessons
Religion, morality and knowledge
The ordinance links good government to religion, morality and education. Free societies depend on citizens of good character.
Equal footing
New states would join as equals, not colonies. The ordinance extended self-government rather than ruling territories as possessions.
A free territory
Article 6 banned slavery in the Northwest, setting a precedent for the later struggle over slavery. Lawmakers can choose justice even when it is not universal.
Broken promises
The ordinance promised good faith toward the Indians, but the promise was often broken. A just law must be kept to be worth anything.
Verified Quotes
“Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”
“There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted”