people and States of the territory northwest of the Ohio River, to which the assent of Virginia was required to give it validity.1

1

Viewing the ordinance of 1787 as a solemn compact, entered into, after years of deliberation on its provisions, between the original States and the people and States of the great Northwestern Territory, one of its provisions prominently presents itself, considered then and now as of vital importance to the welfare of the whole country; important to the civil and political institutions of the several original States, as well as of those thereafter to be formed in the territory of the Northwest; important as the forerunner of one of the great compromises embodied in the Constitution of the United States, which had not yet been adopted, and which at that period was still under solemn deliberation; important as a sacred and inviolable agreement, made by the unanimous voice of eight States, being all that were present, and an equal number of slave and free States being represented; of immense importance, when considered as a political basis, on which has hitherto rested, in a great measure, the peace and harmony of the Union, the perpetuity of which might be greatly endangered by any rash attempt even to disturb it, much less to abrogate it.

This important provision is the following:

"Article 6th. 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. Provided always, That any person escaping into the same, from whom labour or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labour as aforesaid."

1 Old Journals, vol. iv. 373. Land Laws, p. 100, 338. Report on Northern Boundary, March 2d, 1836. Ordinance of 1787. Old Journal, iv. passim. Sparks's Washington, ix. 48. Perkins, 292. See, also,

Note I.

This was the first great compromise made between the slaveholding and non-slaveholding States; it was made previous to the adoption of the Federal Constitution; paramount in point of time, it is at least equal, in its force and effect, to any of the compromises contained in that instrument. Legal enactments by Congress have at subsequent periods followed both the spirit and the letter of the compromise of 1787; one the Missouri compromise of 1820, another the act of 1850, generally called the Fugitive Slave Law. In our own day, 1854, the introduction of the so-called "Nebraska Bill" in the Houses of Congress, has once again not only agitated the whole Union on the subject of these compromises, but strikes at the very root of their validity and inviolable character. The fate of this "Bill," and of its effects throughout the length and breadth of our land, is yet in the womb of time.

During the past half century, five attempts were made, at five different times, by the people of the Northwestern Territory, to impair the slavery compromise of 1787; five times did Congress, without any distinction between Northern and Southern members, refuse to impair it. The territory of Indiana had been slave territory under the French government, and continued so under the American, until 1787. It extended to the Mississippi, and contained many slaves. Vincennes, Kahokia, Prairie de Rocher, Kaskaskia, were all slaveholding towns. The inhabitants were attached to that property, and wished to retain it, at least temporarily, and also to invite a slaveholding immigration, until an increase of population should form an adequate supply of free labour; and they petitioned Congress accordingly. The petition came from a convention of the people, presided over by Governor Harrison, and only asked for a suspension of the anti-slavery part of the ordinance for ten years, and limited in its application to their own territory. The petition received its answer in a report made by a select committee, of which Mr. Randolph was chairman: "The committee deem it highly dangerous and inexpedient to impair a provision wisely calculated to promote the happiness and prosperity of the North

western country, and to give strength and security to that extensive frontier. In the salutary operation of this sagacious and benevolent restraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remuneration for a temporary privation of labour and immigration."

This report of the Select Committee, became the answer of the House of Congress to the Indiana petition of 1803, fifty years ago. The answer is a peremptory refusal to yield to a request even for a ten years' local suspension of this antislavery clause; "highly dangerous and inexpedient to impair that provision;" to impair! it is a refusal to weaken or lessen in the smallest degree, a "benevolent and sagacious act," which the committee recommend to remain "unimpaired," because it is calculated to increase the happiness and prosperity of the Northwest, and to give strength and security to its frontier.

But this was not an end to the petitions; the people of Indiana were not satisfied with one repulse. They returned to the charge, and four times more, in the course of as many years, renewed their application for the ten years' suspension of the ordinance. It was rejected each time: five times in as many years rejected by Congress, and the rejection the more emphatic, in some instances, because it was the reversal by the House of a favourable report from a committee.1

Wise statesmen, profound politicians, stern patriots, have ever regarded the anti-slavery clause in the ordinance of 1787 as an act equal in its force and effect with the Constitution of the United States. In March, 1784, the Virginia delegation in Congress, headed by Jefferson and Monroe, conveyed the Northwestern Territory to the thirteen United States. In April ensuing, Mr. Jefferson brought in an ordinance for the government of the territory so conveyed, with the anti-slavery clause as a part of it, to take effect in the year 1800, but without a clause for the recovery of fugitive slaves. For want

Benton's Speech on the "Nebraska Bill," April 25th, 1854.

of this provision, the anti-slavery clause was opposed by the slave-holding States, and rejected. In July, 1787, the ordinance was remodelled, the anti-slave clause, with the fugitive slave recovery clause, as they now stand, were inserted in it, and in that shape the ordinance had the unanimous vote of every State present-eight in the whole-four slave, and four free States.1

1 Note K.

CHAPTER IV.

THE NORTHWESTERN TERRITORY.

British retain the Western posts-Effect on the Indians-Land speculations in the West-Washington's opinion-Cession of title by the States-Retrospective view-Steuben sent to take possession of Western posts-He is refused the possession-Causes assigned-Boundary line not to be crossed -British strengthen the posts-Great council of Indian tribes-Treaties of Fort Harmar-Not adhered to-Brant and the Northern confederacy— St. Clair, governor of the Northwestern Territory-Indians deny the validity of his treaties-State of the case-Ordinance of 1787-Unwise proceeding of government-British policy and agency-Encouragement given to Brant-Influence of McKee, Elliott, and Girty-Mission of Gamelin to the Western tribes, and his report-Conduct of British agents-United States adopt war measures against the Indians-St. Clair's levies, and dissensions-Harmar's Expedition, and two defeats-Discord in his army -Indian villages destroyed-Indian account of the battles-Action of the government in relation to the Indian War-Peace messengers and warlike preparations-British agents and Indians dissatisfied-American policy explained-Scott's Expedition-Wilkinson's Expedition-St. Clair organizes his army at Fort Washington-Commences his march-Builds Forts Hamilton and Jefferson-Reaches the waters of the Wabash-Army encamps—Attacked by the Indians and entirely defeated-Great loss of the Americans-Causes of defeat-St. Clair exculpated-New army authorized by Congress to be raised-General Wayne appointed to its commandPeace still offered to the Indians-The chiefs of the nations are invited to the seat of government-Commissioners meet the Indians in councilIndians insist on the Ohio boundary-Attempts at peace fruitless-The causes-British erect a new fort on the Maumee-Spain offers assistance to Indians-Wayne assembles his forces at Fort Washington-Final report of the peace commissioners-Wayne moves his army-Establishes Fort Greenville-Goes into winter quarters-Buries the bones on the field of St. Clair's defeat---Fort Recovery built-Attack by the Indians on an escort-Wayne learns the movements of the Indians and the British agents