A series of measures approved by Congress during the 1780s defined the terms by which western land would be marketed and settled. Drafted by Thomas Jefferson, the Ordinance of 1784 established stages of self-government for the West. The region would be divided into districts initially governed by Congress and eventually admitted to the Union as member states. By a single vote, Congress rejected a clause that would have prohibited slavery throughout the West. A second ordinance, in 1785, regulated land sales in the region north of the Ohio River, which came to be known as the Old Northwest. Land would be surveyed by the government and then sold in “sections” of a square mile (640 acres) at $r per acre. In each township, one section would be set aside to provide funds for public education. The system promised to control and concentrate settlement and raise money for Congress. But settlers violated the rules by pressing westward before the surveys had been completed.

A series of ordinances in the 1780s provided for both the surveying and sale of lands in the public domain north of the Ohio River and the eventual admission of states carved from the area as equal members of the Union.

Like the British before them, American officials found it difficult to regulate the thirst for new land. The minimum purchase price of $640, however, put public land out of the financial reach of most settlers. They generally ended up buying smaller parcels from speculators and land companies. In 1787, Congress decided to sell off large tracts to private groups, including 1.5 million acres to the Ohio Company, organized by New England land speculators and army officers. (This was a different organization from the Ohio Company of the 1750s, mentioned in Chapter 4.) For many years, national land policy benefited private land companies and large buyers more than individual settlers. And for many decades, actual and prospective settlers pressed for a reduction in the price of government-owned land, a movement that did not end until the Homestead Act of 1862 offered free land on the public domain.

A final measure, the Northwest Ordinance of 1787, called for the eventual establishment of from three to five states north of the Ohio River and east of the Mississippi. Thus was enacted the basic principle of what Jefferson called the “empire of liberty”—rather than ruling over the West as a colonial power, the United States would admit the area’s population as equal members of the political system. Territorial expansion and self-government would grow together.

The Northwest Ordinance pledged that “the utmost good faith” would be observed toward local Indians and that their land would not be taken without consent. This was the first official recognition that Indians continued to own their land. Congress realized that allowing settlers and state government simply to seize Indian lands would produce endless, expensive military conflicts on the frontier. “It will cost much less,” one congressman noted, “to conciliate the good opinion of the Indians than to pay men for destroying them.” But national land policy assumed that whether through purchase, treaties, or voluntary removal, the Indian presence would soon disappear. The Ordinance also prohibited slavery in the Old Northwest, a provision that would have far-reaching consequences when the sectional conflict between North and South developed. But for years, owners brought slaves into the area, claiming that they had voluntarily signed long-term labor contracts.

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