Washington County, Ohio - Chapter 6: The Ordinance of 1787 and the Ohio Company's Purchase, 1881

Dr. Cutler as the Agent of the Ohio Company before Congress. - His Character and Qualifications. - Contrast between Cutler and Putnam. - Their Reciprocal and Mutua! Esteem. - Dr. Cutler's Journal of his Visit to New York. - His Departure from Home. - Letters of Introduction to Prominent Men. - Introduced to Members of Congress by Colonel Carrington of Virginia. - Conference with Mr. Hutchins, United States Geographer.--Has Leave to Propose Amendments to 'he Ordinance. - It Passes with the Alterations and Additions made. - Character of the Ordinance. - Testimonials of its Worth from High Authorities: - Words of Daniel Webster, Judge Walker, and Chief Justice Chase. - The West Clothed with New England Law and made Free Soil. - Massachusetts Measures Adopted by Southern Votes. - The Claim to the Authorship of the Ordinance. - Its Connection with the Ohio Company's Purchase. - Shrewd Diplomacy Exercised to Cause its Adoption. - Strong Arguments in Favor of the Purchase and Settlement which were Dependent Upon the Nature of the Law Enacted. - Inducements to the South. - The Discontent in Kentucky and the Importance of having a Colony of Strongly Loyal People, Located in the West. - Concessions to the South. - The Reclaiming Clause Conducive to the Passage of the Anti-Slavery Ordinance. - fvidence that Dr. Cutler was the Author of the Provisions Against Slavery and for Education. - Letter from Dr. Torrey of Massachusetts. - From Temple Cutler. - Testimony from Judge Ephraim Cutler. - Coincidence between His Action in 1802 and His Father's in 1787. - Continuation of Dr. Cutler's Journal. - Method of Negotiating the Purchase of the Ohio Company. - -Winthrop Sargent Assists in Securing the Contract. - General Arthur St. Clair's Favor Gained by the Proposition to make him Governor of the Territory. - The Agent Insists on Favorable Terms. - Abstract of Cutler's and Sergeant's Letter to the Board of Treasury. - Estimate of Dr. Cutler by Southern Congressmen. - His Mission Successful. - Congress Authorizes the Board of Treasury to Close the Contract on Terms Requested by the Ohio Company's Agents. - Five and a Half Million Acres of Land Secured. - Immense Scheme for Land Speculation. - Its Ultimate Failure. - Dr. Cutler's Report to the New Company Approved. - Contract for One and a Half Million Acres Closed October 27, 1787. - Lands Secured for a University for Religious Purposes. - Letter from Dr. Cutler in 1818.

THE Ohio company could have employed as their agent before the Congress of the old confederation, no better man than the Rev. Manasseh Cutler. He possessed an education of unusual solidity, and with it a versatile genjus. These qualities of strength were rendered readily effective by his possession of a keen insight of human character, and of courtly grace in conversation. Dr. Cutler was at this time forty-five years of age, ripe and yet vigorous. Twenty-two years before he had graduated at Yale, and the intervening years had studied and taken degrees in the three learned professions - law, divinity and medicine. At the time he undertook the Ohio company's important mission he was the pastor of a congregational church at Ipswich (afterward Hamilton), Massachusetts, but he was best known as a scientist, and it has been said of him that in that capacity "he was, perhaps, second to no living American except Franklin." He had written upon meteorology, astronomy and botany, and was well known in the literary and social circles of New York and Boston.

*The ordinance of 1787 and the Ohio purchase were parts of one and the same transaction. The purchase would not have been made without the ordinance, and the ordinance could not have been enacted except as an essential condition of the purchase. William F. Poole, in North American Review for April, 1876.

whom he associated in New York did not suppose there existed a thorough and shrewd knowledge of the world, and they were doubtless thrown off their guard by his bland manners, genial social qualities and good humor, and swayed more powerfully by his diplomacy because he seemed almost entirely devoid of it, added to his varied qualifications for the work assigned him. Dr. Cutler had the great advantage of being wholly in earnest. He was an enthusiast upon the subject which engaged him. He lived in the midst of the men interested in the scheme of western immigration, knew nearly all of them personally, and was fully in sympathy with them. He had in fact seen, and shared in, their hardships during the war, having served as a chaplain in the army through two campaigns. He was present at the time of the organization of the Ohio company, and one of the committee who drew up its articles of association, and was afterward made a director with General Putnam and General Parsons. From that time on until the Ohio company as an organization had concluded its work, he was almost constantly engaged in its service, and it was through his activity and acumen that the great measures of the association were accomplished in Congress, not only in 1787 but in 1792. Dr. Cutler and General Putnam were from first to last the leading spirits of the Ohio company, the office of the former being principally the management of the difficult and delicate negotiations with the General Government, and that of the latter the superintendency of the internal affairs of the organization.

The relations of the two men were intimate and cordial. Each seems to have entertained the most thorough respect for the other. Yet they were as dissimilar as two men well could be. One was thoroughly educated, cultured, accomplished; the other a strong, rugged man, almost entirely lacking in knowledge, save by the kind acquired little by little in the experience of life, but full of wisdom, possessing the genius of uncommon common sense, great strength of purpose and vast executive ability.* Either of these men would undoubtedly have made a failure in the position of the other. But in the places which they did occupy no men could have been more efficient.

*Very complete biographies of Dr. Cutler and General Putnam will be found among the sketches of men prominent in the history of Washington county and the Ohio company.

+Dr. Cutler's journal was written at the request of one of his daughters, who brought him two blank books just as he was about to start upon his journey, and charged him, among other things, to write full descriptions of the toilets and dresses of the ladies whom he met. Hence we find many entries upon comparatively trivial subjects, interspersed with the grave descriptions of great men and the chronicling of important actions; but even the former, at this age, have a peculiar attractiveness, and give to the journal not only a graceful lightness but a vividness which it would lack undoubtedly had it been written under other circumstances. Only small portions of this invaluable diary have been published, and the part which is best known is probably that which has been given to the public in James Parton's 'Life and Times of Benjimin Franklin,' and which consists of a beautiful, personal description of the great philosopher. There are three manuscript copies of the journal, and it is from one of them, in the possession of Mrs. Sarah Cutler Dawes, of Marietta, a granddaughter of Dr. Cutler's, that we make the extracts given in this chapter.

is of great value, because the only account of the negotiation of that important purchase made by the Ohio company. It also contributes to the illumination of the somewhat mysterious history of the famous Ordinance of 1787. The journal reveals the breadth and depth of character, and the consummate shrewdness of its writer, and it also suggests to the reader something of the grace of person and address which Dr. Cutler possessed, and which have formed a prominent theme for many writers to dwell upon. The extracts we present, full as they are, form only a small part of the journal, for from a mass of matter on various topics, we quote little which has not a direct bearing upon our two allied subjects - the Ordinance of 1787 and the Ohio company's purchase.

Dr. Cutler left his home in Ipswich, afterwards called Hamilton, in the latter part of June for New York, where the Continental Congress was then in session. Public conyeyances were not in common use, and he used his own, a one-horse shay or sulky. OnSunday, June 24th, he was in Lynn and preached there in Mr. Parsons' pulpit. He went on to Cambridge the same day and remained there over night, lodging with Dr. Williams, although he had intended "going to President Willard's, of Harvard college."

Monday, June 25th. Waited on Dr. Willard this morning, who favored me with a number of introductory letters to gentlemen at the southward.* Received several from Dr. Williams and went with him to Boston. Received letters of introduction from Governor Bowdoin, Mr. Winthrop, Dr. Warren, Dr. Dexter, Mr. Guild, Mr. Belknap, etc.; conversed with General Putnam; received letters; settled the principles on which I am fo contract with Congress for lands on account of the Ohio company.

Dr. Cutler arrived at Middletown, Connecticut, on Saturday, the thirtieth of June, and preached there Sunday. This town was the home of General Parsons, who, as we have seen, was well acquainted with the western country. The doctor had a long talk with him concerning his business in Congress, and secured an addition to his bundle of letters to prominent public men. But to resume the journal:

Thursday, July 5th. About three o'clock I arrived at New York by the road that enters the Bowery. Put up my horse at the sign of the Plow and the Harrow, in the Bowery barns. After dressing myself I took a walk into the city. When I came to examine my letters of introduction | found them so accumulated that I hardly knew which to deliver first. As this is rather a curiosity to me I am determined to procure a catalogue, although only a part are to be delivered in New York. " : z

{Here occurred a list of over fifty names, among them being Rev. Dr. Rogers, Sir John Temple, Lady Temple, General Knox and Hon. Richard Henry Lee, M. C., Melancthon Smith, M. C., Colonel Carrington, M. C.,* Hon. R. Sherman, M. C., General St. Clair, president of Congress, and others of New York, and among those at

* This is the first of several allusions which show the doctor's shrewd policy. He seduously cultivated the acquaintance of the southern members, and evidently from the first relied upon their assistance in carrying his measures.

* Colonel Carrington, Richard Henry Lee and Melancthon Smith were three of the five members of Congress who reported the Ordinance of Freedom.

This morning delivered most of my introductory Prepared my papers for making my application to Congress for the purchase of lands in the western country for the Ohio company. At eleven o'clock I was introduced to a number of members on the floor of Congress chamber, in the city hall, by Colonel Carrington, member from Virginia. Delivered my petition for purchasing lands for the Ohio company and proposed terms and conditions of purchase. A committee was appointed to agree on terms of negotiation and report to Congress. Dined with Mr. Dane.

Saturday, July 7th. Paid my respects this morning to Dr. Holton and other gentlemen. Was introduced by Mr. Ewing and Mr. Rittenhouse to Mr. Hutchins, the United States geographer. Consulted him where to make our location. Dined with General Knox.

Monday, July 9th. Waited this morning very early on Mr. Hutchins. He gave me the fullest information of the country from Pennsylvania to the Illinois, and advised me, by all means, to make our location on the Murkingum, which was decidedly, in his opinion, the best part of the whole western country. Attended the committee before Congress opened and then spent the remainder of the forenoon with Mr. Hutchins.

Attended the committee at Congress chamber; debated on terms, but were so wide apart that there appears but little prospect of closing a contract.

Called again on Mr. Hutchins, consulted him further about the place of location. Spent the evening with Dr. Holton and several other members of Congress in Hanover square.

Tuesday, July roth. This morning another conference with the committee. As Congress was now engaged in settling the form of government for the Federal Territory, for which a bill has been prepared, and a copy sent to me (with leave to make remarks and propose amendments) which I had taken the liberty to remark upon and prepare several amendments, I thought this the most favorable time to go on to Philadelphia. * Accordingly, after I had returned the bill with my observations, I set out at 7 o'clock.

July 18th. Paid my respects this morning to the president of Congress, General St. Clair. Called on a number of friends. Attended at the City Hall on members of Congress and their committee. We renewed our negotiations.

July roth. 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 modelled. The amendments I proposed have all been made except one, and that is better qualified. It was that we should not be subject to Continental taxation, unless we were entitled toa full representation in Congress. This could not be fully obtained, for it was considered in Congress as offering a premium to emigrants. They have granted us representation with the right of debating, but not voting, upon our being first subject to taxation.

Be it ordained by the United States in Congress assembled, That the said territory for the purpose of temporary government be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Be it ordained by the authority aforésaid, That the estates both of resident and nonresident proprietorsi n the said territory dying intestate, shall descend to and be distributed among the children, and the descendants of a deceased child, inequal parts - the descendants of a deceased child, or grandchild, to take the share of the deceased patent in equal parts among them; and when there shall be no children or descendants, then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, the deceased parent's share, and there shall, in no case, be a distinction between kindred of the whole

July, and from its most important provision often termed "the Ordinance of Freedom," was the "'last gift of the Congress of the old confederation to the country, and it was a fit consummation of their glorious labors." It was the product of what we may call inspired statesmanship, the foundation upon which five great commonwealths were to be built up, the fundamental law, the constitution of the Northwest Territory, and a sacred compact between the old colonies and the yet uncreated States to come into being under its benign influence. It forever proscribed slavery upon the soil of the great territory that it organized, and it is undoubtedly true that to this ordinance the people of this great Nation owe thanks for the final complete suppression of slavery within its borders. Had the institution of slavery been established between the Ohio and Mississippi, its strength as a system would have resisted all reforming measures and crushing forces and the United States to-day have been a slave-holding power. And so the Congress of 1787 "builded wiser than they knew," and more grandly. But when we pass the broader significance and vaster value of the ordinance, and look upon it simply as the act of legislation providing forthe opening, development, and government of the territory, we find it alike admirable and effective. It provided for successive forms of territorial government, and upon it were based all of the territorial enactments and much of the subsequent State legislation. It was so constructed as to give the utmost encouragement to immigration, and it offered the greatest protection to those who became settlers, for "when they came into the wilderness," says Chief Justice Chase, "they found the law already there. It was impressed upon the soil, while as yet it bore up nothing but the forest." Mr. Chase further says: 'Never, probably, in the history of the world, did a measure of legislation so accurately fulfil, and yet so mightily exceed the anticipation of the legislators," and again "the ordinance has well been described as having been a pillar of cloud by day and of fire by night, in the settlement and government of the northwest States." In and half blood, saving in all cases to the widow of the intestate her third part of the real estate for life and one third part of the personal estate; and this law relative to descents and dower shall remain in full force until altered by the legislature of the district; and until the governor and judges shall adopt laws, as hereinafter mentioned, estates in the said territory may be divided or bequeathed by wills, in writing, signed and sealed by him or her, in whom the estate may be (being of full age) and attested by three witnesses; and real estate may be conveyed by lease or release, or bargain and sale, signed, sealed and delivered by the person, being of full age, in whom the estate may be and attested by two witnesses, provided such wills be duly proved and such conveyance be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, court and registers shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants and other settlers of the Kaskaskias, St. Vincent and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.

Be it ordained by the authority aforesaid, That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress. He shall 1eside in the district and have a freehold estate therein in one thousand acres of land while in the exercise of his office. There shall be appointed, from time to time, by Congress a secretary. whose commission shall continue in force for four

1837, Judge Tinrothy Walker in an address delivered at Cincinnati, pronounced the ordinance as approaching "as nearly to absolute perfection as anything to be found in the legislation of mankind," and said "upon the surpassing excellence of this ordinance, no language of panegyric would be extravagant." Daniel Wester exexpressed his profound admiration of the instrument in his famous reply to Hayne, ''We are accustomed," said he, "to praise the lawgivers of antiquity; we help to perpetuate the fame of Solon and Lycurgus; but I doubt whether one single law, of any lawgiver, ancient or modern, has produced effects of more distinct, marked and lasting character than the Ordinance of 1787, Wesee its consequences at this moment, and we shall never cease to see them, perhaps, while the Ohio shall flow."

This ordinance, New England in its character and prohibiting slavery, was impressed upon the northwest by southern votes. It was an act of legislation in close relation to the Ohio company's purchase, and the evidence that the man who negotiated that purchase was the author of its most important measures seems indisputable.

The authorship of the ordinance of 1787 has been variously ascribed to Nathan Dane, Congressman from Massachusetts, Rufus King of the same State, and Thomas Jefferson, and arguments more or less weighty have from time to time been advanced to support their claims or those of their friends. Thomas Jefferson went to France as Minister three years before the passage of the Ordinance of 1787 and did not return until eighteen months after. He was, however, identified with the inoperative ordinance of 1784, introduced the clause prohibiting slavery after the year 1800, which did not pass, and was probably the father of the idea of making the ordinance a compact, which was retained in the formation of the later ordinance. 'The country escaped the introduction of slavery under the specious plea that it was to exist only until 1800, and the northwest escaped the establishment of the geographical divisions with such names as Chersonesus, Assenisipia, Polypotamia, Pelesipia, Sylvania, years, unless sooner revoked; he shall reside in the district and have a freehold estate therein in five hundred actes of land while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department; and transmit authentic copies of such acts and proceedings every six months to the secretary of Congress. There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a commor law jurisdiction, and reside in the district and have each therein a freehold estate in five hundred acres of land while in the exercise of their offices; and their commissions shall continue in force during good behavior.

The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances, and report them to Congress, from time to time; which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit.

The governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace

Michigania, Saratoga, Illinoia, Metropotamia, and Washington - although as regards number merely the creation of ten rather than five States might have been very largely to the political advantage of the people of the territory. Mr Jefferson's claim of authorship appears to end with the history of this ordinance. Mr. King was undoubtedly the author of the anti-slavery clause in an ordinance which secured some attention in 1785, but he was not even a member of the Congress of 1787. Mr. Dane's claim is combatted chiefly on the ground that it was never made while any of the other men, who, from their position, were supposed to know about the formation of the ordinance, were alive; on the ground that he had none of those graces of composition which are exhibited in the ordinance; and upon the ground that he was very young (thirty-four years) and did not enter upon the fullest understanding either of the work that had been done to prepare Congress for the action, or the importance of the measures under consideration. In addition to these facts there is the consideration that Massachusetts did not warmly favor the idea of the western emigration. Mr. King had been accused of introducing measures which were calculated to prevent immigration and in one or two entries in Dr. Cutler's journal, which we shall give in their proper place, it is shown that the writer did not have much confidence in Dane's friendliness to the Ohio company's purchase. If unfriendly to that measure or representing a constituency of which the majority were opposed to the plan, would he not also be unfriendly to the enactment of an ordinance, which must, from its nature, encourage emigration? And yet "Mr. Dane," says a student of the subject,* 'doubtless wrote the draft and performed the clerical duties of the committee" who

* William F. Poole in the North American Review for April, 1876. He has examined the whole subjectof the authorship of the Ordinance in an elaborate but remarkably clear and concise article. We briefly summarize some of his evidence.

and good order in the same. After the general assembly shall be organized, the power and duties of magistrates and other civil officers, shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor.

For the prevention of crimes and injuries the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district, in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.

So soon as there shall be five thousand free male inhabitants of full age in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships to represent them in the general assembly: provided that for every five hundred free male inhabitants, there shall be one representative, and so' on, progressively, with the number of free male inhabitants shall the right of representation increase until the number of representatives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legislature: provided that no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same: provided also that a freehold in fifty acres of land in the district, having been a citizen of one of the States reported the ordinance. He took the liberty of withholding the anti-slavery clause until the second reading under the belief that it could not pass, but afterward, discovering the sentiment of Congress, added it. It was strange that Mr. Dane should have been in ignorance of the feeling that existed in Congress, for that feeling had been newly created. Very naturally he supposed that an anti-slavery clause could not be passed for every ordinance containing one had been voted down. The last ordinance had contained no restriction of slavery, no provision for education, and no articles of compact. Still it had come down to the ninth of July, 1787, only four days before the ordinance of freedom was passed, and was doubtless regarded as the future law of the Northwest Territory, only needing final action as it had passed its first and second readings.

But suddenly there came a change. The forces were put in operation which were to clothe the northwest with a beneficent law and forever to withhold slavery from five great States. The first outward intimation of the change was the appointment, on the ninth of July, of a new committee, authorized to prepare and submit to Congress a plan of government for the Federal Territory. It consisted of Colonel Carrington, of Virginia, Nathan Dane, of Massachusetts, Richard Henry Lee, of Virginia, Mr. Kean, of South Carolina, and Mr. Smith, of New York. The three new members were all southerners. Carrington was chairman. These southern Congressmen were the friends of Dr. Cutler. He had been introduced to most of the members, as his journal shows, by Colonel Carrington.

Dr. Cutler had come before Congress to purchase, for a company composed chiefly of Massachusetts men, a large body of public lands. The purchase would have been almost entirely valueless in the opinion of most of those Ohio company associates if they could not

The representative thus elected shall serve for the term of two years; and incase of the death of a representative, or removal from office, the governor shall issue a writ to the county or township for which he was a member to elect another in his stead, to serve for the residue of the term.

The general assembly or legislature shall consist of the legislative council, and a house of representatives. The council shall consist of five members to continue in office five years, unless sooner removed by Congress, any three of whom may be a quorum; and the members of the councii shall be nominated and appointed in the following manner, to wit: As soon as representatives shal) be elected, the governor shall appoint a time and place for them to meet together, and when met, they'shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives shall have authority to make laws, in all cases, for the good government of the district, not repugnant to the principles and articles in this ordigovernor, legislative have the land to which they proposed to emigrate, coyered with the law to which they had been accustomed. They were fully in accord with the spirit which seven years before had prohibited slavery in Massachusetts. The ordinance of freedom was, as an act of legislation, the natural predecessor of the sale to the Ohio company. It was considered by Congress, after the plan had been fully examined, very desirable that the public domain should be advantageously disposed of, and that a colony should be established in the Federal Territory. Such a colony would form a barrier against the British and Indians, it was argued, and this initiative step would be followed speedily by other purchases in which additional settlements would be founded. The south had a greater interest in the west than had New England, and Virginia especially, from her past protection, future prospect and geographical location, was interested in, and eager for, the development of the country beyond the Ohio, There was a strong feeling of disaffection in Kentucky and imminent danger that that territory would embrace the first favorable opportunity to join her fortunes with Spain. "The desire of the people," says Albach in his Annals of the West, ''for a separation from the district of Virginia had familiarized their minds to the idea of a separation from the confederacy." Virginia, and the south in general, may have justly regarded the planting in the west of a colony of men whose patriotism was well known, a measure calculated to bind together the old and new parts of the Nation, and promote union. It is presumable that much was said by Dr. Cutler upon these advantages and that it was their importance in the eyes of southern members which led them to permit the creation and enactment of such an ordinance as the Ohio company desired. Another inducement for the southern members of Congress to pass an anti-slavery ordinance rather than to relinquish the possibility of deriving a-revenue from the sale of lands, and the benefits attending the colonization of the west, was undoubtedly a shrewd provision in the nance established and declared. And all bills having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue and dissolve the general assembly when, in his opinion, it shall be expedient.

The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district shall take an oath or affirmation of fidelity, and of office; the governor before the president of Congress, and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary govérnment.

And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitutions, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shali be formed in the said territory; to provide, also, for the establishment of States, and permanent government therein, and for their admission toa share in the Federal councils on an equal footing with the original States, at as early periods as may be consistent with general interest,

It is hereby ordained and declared by the authority aforesaid, that the following articles shall be considered as articles of compact between the original States and the people and States in the said territory, and forever remain unalterable unless by common consent, to-wit: anti-slavery clause itself. Article sixth of the ordinance, after prohibiting slavery in the territory northwest of the Ohio river contained the following words: 'Provided always, that any person escaping into the same, from whom labor 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 service." This allowance to the south of the right to reclaim fugitive slaves was made as a concession that the passage of the ordinance with the prohibitory measure might not be imperilled. This was an idea that had not before been broached in Congress, and the same or similar prohibitory measures in former ordinances (those advocated by Jefferson and Rufus King) without the concession, had resulted in their speedy rejection by the votes of the very States by which the Ordinance of 1787 was passed. The provision was a splendid stroke of diplomacy.

The committee having the ordinance in charge, as we have seen, conferred with Dr. Cutler, and were evidently anxious to please him, for, as his journal states, they sent him a copy of the ordinance "with leave to make remarks and propose amendments." He did make amendments, went to Philadelphia, returned, found that the ordinance had been passed and, to use his own language, "the amendments all made except one" which "'was better qualified." This was the one relating to taxation. The ordinance was adopted on the thirteenth of July, there being only one dissenting vote, that of Mr. Yates, of New York, which was neutralized, as there were two other delegates from the same State who voted to adopt. Eight States were represented (of which only three were northern) - Delaware, Virginia, North Carolina, South Carolina, Georgia, New York, New Jersey and Massachusetts. The ordinance was therefore carried by the southern States. What Dr. Cutler inserted was, according to good evidence, the clauses relating to religion, morality, education and slavery.

''ARTICLE 1. No person demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of worship or religious sentiments in the said territory.

"ARTICLE 2. The inhabitants of said territory shall always be entitled to the benefits of the writ of Aadeas corpus and of trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable except for capital offences, where the proof shall be evident or the presumption great. All fines shall be moderate, and no unsual or cruel punishment shall be inflicted. No man shall be deprived of his liberty or property but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take away any person's property, or to demand his particular service, full compensation shall be made for the same; and in the just preservation of rights and property it is understood and declared that no law ought ever to be made, or have force in the said territory, that shall in any manner whatever interfere with or effect private contracts or engagements, bona fide, and without fraud, previously formed. ;

"ARTICLE 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made for preventing course was precisely such as might have been expected of the man who would write, "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."

And now for the direct evidence that Dr. Cutler was the author of the clauses claimed - the two ideas which made the northwest what it is in civilization and morality.

In 1847 Dr. Joseph Torrey, of Salem, Massachusetts son-in-law of Dr. Cutler, writing to Judge Ephraim Cutler, of Washington county, about some papers he had examined at Temple Cutler's in Hamilton, says:

Saw among these documents the Ordinance of 1787 on a printed sheet. On its margin was written that Mr. Dane requested Dr. Cutler to suggest such provisions as he deemed advisable, and that at Dr. Cutler's instance was inserted what relates to religion, education and slavery. These facts have long been known to me as_ household words.

In 1849 Temple Cutler wrote to his brother, Judge Ephraim Cutler, of the ordinance, that '"'Hon. Danie] Webster is now convinced that the man whose foresight, suggested some of its articles, was our father."

I visited my father at Washington during the last session he attended Congress (1804). n We were in conversation relative to the political concerns of Ohio, the ruling parties, and the effects of the constitution (of Ohio) in the promotion of the general interest; when he observed that he was infurmed that I had prepared that portion of the Ohio constitution which contained the part of the ordinance of July, 1787, which prohibited slavery. He wished to know if it was a fact. On my assuming that it was, he observed that he thought it a singular

'""ARTICLE 4TH. - The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the articles of confederation, and to such alterations therein as shall be constitutionally made, and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the Federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule and measure by which the apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts, on new States as in the original States, within the time agreed upon by the United States in Congress assembled. 'The legislatures of those districts or new States shall never interfere with the primary disposal of the soil by the United States in, Congress assembled, nor with any regulation Congress may find necessary for securing the title to such soil to the bona fide purchasers. No tax shall be imposed on lands the property, of the United States; and inno case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, import, or duty therefor.

ARTICLE 5TH. - There shall be formed in the said territory not less than three nor rnore than five States; and the boundaries of the States as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit: The western State in the said territory shall be bounded by the Mississippi, the Ohio and Wabash rivers; a direct line drawn from the Wabash and Port Vincents due north to the territorial line between the United States

We now resume our extracts from Dr. Cutler's journal, taking it up where it was left and following its entries respecting the purchase through to the close. That portion of the entry under date of July 1gth, not already given, is as follows:

As there are a number in Congress opposed to my terms of negotiation and some to any contract, I wish now to ascertain the number for and against, and who they are; and must then, if possible, bring the opnents over. This I have mentioned to Colonel Duer, who has promised to assist me. Grayson, R. H. Lee, and Carrington, are certainly my warm advocates. Holton, I think, may be trusted. Dane must be carefully watched, notwithstanding his professions. Clark, Bingham, Yates, Kearney, and Ford, are troublesome fellows. They must be attacked by my friends at their lodgings. If they can be brought over I shall succeed; if not, my business is at anend. Attended the committee this morning. They are determined to make a report today, and try the spirit of Congress. Dined with General Knox and about forty-two gentlemen, officers of the late Continental army, and among them Baron Steuben. General Knox gave us an entertainment in the style of a prince. I had the honor to be seated next the baron, who is a hearty, sociable old fellow. He was dressed in his military uniform, and with the ensigns of nobility, the shoe and garter. [Every gentleman at the table was of the Cincinnati except myself, and wore his appropriate badges. Spent the evening at Dr. Holton's with Colonel Duer and several members of Congress, who informed me that an ordinance was passed in consequence of my petition, but, by their account of it, it will answer no purpose.

July 2oth. - This morning the secretary of Congress furnished me with the ordinance of yesterday which states the conditions of a contract, but on terms to which I shall by no means accede. I informed the committee of Congress that I could not contract on the conditions proposed; that I should prefer purchasing lands from some one of the States, who would give incomparably better terms; and therefore proposed to leave the city immediately. They appeared to be sorry no better terms were effected, and insisted on my not thinking of leaving Congress until another attempt was made. I told them I saw no prospect of contracting, and wished to spend no more time and money ina business so unpromising. They assured me that I had many friends in Congress who would make every exertion ia my favor; that it was an object of great magnitude, and that I must not expect to accomplish it in less than two or three months. If I desired it they would take the and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. 'The middle State shall be bounded by the said direct line, the Wabash from Port Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ghio, Pennsylvania, and the said territorial line; provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered that, if Congress should hereafter find it expedient, they shall have authority to form one or two States in that part of the territory which lies north of an east and west line, drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates into the Congress of the United States, on an equal footing with the original States, in all respects whatever, and shall be at liberty to form a permanent constitution and.State government; provided the constitution and government so to be formed shall be republican, and in conformity to the principles contained in these articles; and so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period and when there may be a less number cu free inhabitants in the State than sixty thousand.

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 labor 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 labor or services as aforesaid.

matter up that day on different grounds and did not doubt they should obtain terms agreeable to my wishes. Colonel Duer came to me with proposals from a number of the principal characters of the city, to extend our contract and take in another company, but that it should be kept a profound secret. He explained the plan they had concocted and offered me generous conditions if I would accomplish the business for them. The plan struck me agreeably; Sargent insisted on my undertaking it, and both urged me not to think of giving the matter up so soon. I was convinced it was best for me to hold up the idea of giving up acontract with Congress, and making a contract with some of the States, which I did in the strongest terms, and represented to the committee and to Duer and Sargent the difficulties I saw in the way, and the improbability of closing a bargain when we were so far apart; and told them I conceived it not worth while to say anything further to Congress on the subject. This appeared to have the effect I wished. The committee were mortified and did not seem to know what to say; but still urged another attempt. I left them in this state but afterward explained my views to Duer and Sargent who fully approved my plan. Promised Duer to consider his proposal. We had agreed last evening to make a party to Drookly, on Long Island, which isa small village opposite New York, divided from it by East river; Duer, Webb, Hammond, Sargent, with others were of the party. * *

I spent the evening closeted with Colonel Duer and agreed to purchase more land, if terms can be obtained, which will probably forward the negotiation.

July 21st. - Several members of Congress called on me early this morning. They discovered much anxiety about a contract, and assured me that Congress, on finding that I was determined not to accept their terms, and had proposed leaving the city, had discovered a much more favorable disposition, and believed, if I renewed my request, I might obtain conditions as reasonable as I desired. I was very indifferent, and talked much of the advantages of a contract with one of the States. This I found had the desired effect. At length I told them that if Congress would accede to the terms of my proposal, I would extend the purchase from the tenth township from the Ohio and to the Scioto inclusively; by which Congress would pay more than four millions of the public debt; that our intention was to secure, a large and immediate settlement of the most robust and industrious people in America; and that it would ' be made systematically, which must instantly enhance the value cf Federal lands, and prove an important acquisition to Congress. On these terms I would renew the negotiation, if Congress was disposed to take the matter up again. Dined with General Webb at the Mess house in Broadway, opposite the Play house. Spent the evening with Mr. Dane and Mr. Millikin. They informed me that Congress had taken up my business again.

July 23rd. - My friends had made every exertion in private conversation to bring over my opponents in Congress. In order to get at some of them so as to work powerfully on their minds, we were obliged to engage three or four persons before we could get at them. In some instances we engaged one person who engaged a second, and hea third, and so on to the fourth, before we could effect our purpose. In these manceuvres I am much beholden by the assistance of Colonel Duer and Major Sargent. The matter was taken up this morning in Congress and warmly debated until three o'clock, when another ordinance was obtained. This was not to the minds of any of my friends, who were considerably increased in Congress, but they conceived it to be better than the former, and they had obtained an additional clause empowering the board of treasury to take order upon this ordinance and .complete the contract upon the general principles contained in it, which stil] left room for negotiation. Spent the evening with Colonel Grayson and members of Congress from the southward, who were in favor of a contract. Having found it impossible to support General Parsons as a candidate for governor, after the interest that General St. Clair had secured, and suspecting that this might be some impediment in the way (for my endeavors to make interest for him were well known), and the arrangements for civil officers being on the carpet, I embraced the opportunity frankly to declare that for my own part - and ventured to engage for Major Sargent - if General Parsons could have the appointment of first judge and Sargent, secretary, we would be satisfied; and I heartily wished that his excellency, General St. Clair, might be governor, and that I would solicit the eastern members to favor such an arrangement. 'This I found rather pleasing to the southern members» and they were so complacent as to ask repeatedly what office would be agreeable to me in the western country. I assured them I wished for no appointment to the civil line. Colonel Grayson proposed the office of one of the judges, which was seconded by all the gentlemen present. The obtaining an appointment, I observed, had never come into my mind, nor was there any civil office I should at present be willing to accept. This declaration seemed to be rather surprising, especially to men who were so much used to solicit or be solicited for appointments of honor or profit. "They seemed to.be the more urgent on this bead. I observed to them, although I wished for nothing for myself, yet I thought the Ohio company entitled to some attention; that one of our judges besides General Parsons should be of that body, and that General Putnam was the man best qualified and wouid be most agreeable to that company, and gave them his character. We spent the evening very agreeably until a late hour.

July 24th. - I received this morning a letter from the board of treasury, inclosing the resolutions of Congress, which passed yesterday, and requesting to know whether I was ready to close a contract on those terms. As the contract had now become of much greater magnitude than when I had only the Ohio company in view, I felt a diffidence in acting alone and wished Major Sargent to be joined with me, although he had not been formally empowered to act, for the commission from the directors was solely to me. It would likewise take off some part of the responsibility from me if the contract should not be agreeable. After consulting Duer I proposed it to Sargent, who readily accepted. We answered the letters from the board as jointly commissioned in making the contract. We informed the board that the terms in the resolve of Congress were such as we could not accede to, without some variation. We therefore begged leave to state to the board the terms on which we were ready to close the contract, and that those terms were our ultimatum. This letter* was sent to the board, but the packet having just arrived from England, and another to sail next morning, it was not in their power to attend any further to our business for the day. Dined with Mr. Hilleyas, treasurer of the United States, I spent the evening with Mr. Osgood, president of the board of treasury, who appeared to be very solicitous to be informed fully of our plan. No gentleman has a higher character for planning and calculating than Mr. Osgood. I was therefore much pleased with having an opportunity of fully explaining it to him. We were unfortunately interrupted with company. We, however, went over the outlines, and he appeared well disposed.

July 25th. This morning the board of treasury sent our letter to the secretary of Congress, requesting him to lay it before Congress for approbation or rejection. But the dispatches from Europe received yesterday by the British packet, occupied the attention of Congress for that day. Mr. Osgood desired me to dine with him, assuring me that he had purposely omitted inviting any other company, that we might not be interrupted in going over our plan. I had been repeatedly assured that Mr. Osgood was my friend, and that he had censured Congress for not assenting to the terms I had offered; but such is the intrigue and artifice often practiced by men in power, I felt very suspious, and was as cautious as possible. Our plan, however, I had no scruple to communicate, and went over it in all its parts. Mr. Osgood made many valuable observations. The extent of his information astonished me. His views of the continent of Europe were so enlarged that he appeared to be a perfect master of every subject of this kind. He highly approved of our plan, and told me he thought it the best formed in America. He dwelt much on the advantages of system ina new settlement; said system had never before been attempted; that we might depend upon accomplishing our purposes in Europe, and that it was a most important part of our plan. If we were able to establish a settlement as we proposed, however small in the beginning, we should then have surmounted our greatest difficulty; that every other object would be within our reach, and if the matter was pursued with spirit

* The letter, which was signed by Manasseh Cutler and Winthrop Sargent, addressed to this board of treasury, proposed the following conditions :

The subordinate surveys to be completed as mentioned in the act, unless the frequency of Indian interruption should prevent; the mode of payment to be half a million of dollars when the contract should be executed, another half million when the tract should be surveyed by the proper officers of the United States, and the remainder in six equal payments; the lands assigned for the establishment of a university to be as nearly as possible in the centre of the first million and a half acres paid for, for to fix it in the centre of the proposed purchase, might too long defer the establishment. (That is, the lands are to be located in the Ohio company's purchase proper, and not beyond these bounds, in the lands bought merely in the name of the company, and for which they had the refusal.) The letter further suggested that the purchasers, when the second payment should be made, should receive a deed for as great a quantity of lands as a million would pay for at the price agreed upon; that as most of the associates had embarked their private fortunes in the support of the purchase, no security should be required of them but the lands; and that they, the purchasers, should be entitled to no right of entry, or occupancy, except on the lands actually paid for, and to receive no deeds until their payments amounted to one million of dollars, and then only in proportion to such payment.

he believed it would prove one of the greatest undertakings ever yet attempted in America. He thought Congress would do an especial service to the United States, even if they gave us the land, rather than that our plan should be defeated; and promised to make every exertion in his power in my favor. We spent the afternoon and evening alone, and very agreeably.

July 26th. This morning I accompanied General St. Clair and General Knox on a tour of morning visits, particularly to the foreign ministers: Sieur Otto, French charge; Don Diego Guardogqoi, Spanish; Van Berckle, Dutch, a frank open Dutchman, who speaks bad English, but is very talkative. He is fond of conversing about the western country, and seems to interest himself much in the settlement of the western lands.

Being now eleven o'clock, General St. Clair was obliged to attend Congress. After we came into the street General St. Clair assured us he would make every possible exertion to prevail with Congress to accept the terms contained in our letter. He appeared much interested and very friendly, but said we must expect opposition. I was fully convinced it was good policy to give up Parsons and openly to appear solicitous, that St. Clair might be appointed governor. Several gentlemen have told me that our matters went on much better since St. Clair and his friends had been informed that we had given up Parsons and that I had solicited the eastern members in favor of St. Clair's appointment. I immediately went to Sargent and Duer. We now went into the true spirit of negotiation with great bodies. Every machine in the city it was possible to set to work we now put in motion. Few, Bingham and Kearney are our principal opposers. Of Few and Bingham there is hope, but to bring over that stubborn mule of a Kearney is beyond our power. The board of treasury, I think, will do us much service, if Dr. Lee is not against us, though Duer assures me that I have got the length of his foot, and that he calls mea frank, open, honest New England man, which he considers as an uncommon animal; yet from his zealous, cautious make, I feel suspicious of him, especially as Mr. Osgood tells me he has made every attempt to learn his sentiments, but is unable todo so. His brother, Richard Henry Lee, is certainly our fast friend, and we have hopes he will engage him in our interests. Dined with Sir John Temple in company with several gentlemen. Immediately after dinner I took my leave of them and called on Dr. Holton. He told me Congress had been warmly engaged in our business the whole day; that the opposition was lessened, but our friends did not think it prudent to come to a vote, lest there should be a majority in favor. I left much discouraged, and told Dr. Holton I thought it in vain to wait any longer, and should certainly leave the next day. He cried out on my impatience; said if I obtained my purposes in a month from that time I should be far more expeditious than was common in getting much smaller matters through Congress; that it was of great magnitude, for it far exceeded any private contract ever made before in the United States; that if I should fail now I ought still to pursue the matter, for I should most certainly finally obtain the object I wished. To comfort me, he assured me it was impossible for him to conceive by what kind of an address I had so soon and so warmly engaged the attention of Congress; for since he had been a member of that body he assured me, on his honor, that he never knew so much attention paid to any one person who. made application to them on any kind of business, nor did he ever know them more pressing to bring it toa close. He could not have supposed that any three men from New England, even of the first characters, could have accomplished so much, in so short a time. This I believe was mere flattery, though it was delivered with a very serious air; but it gave some consolation. I now learned very nearly who were for and against the terms. Bingham hascome over, but Few and Kearney are stubborn. Unfortunately there are only eight States represented, and unless seven of them are in favor no ordinance can pass.* Every moment of this evening until two o'clock was busily employed. A warm siege was laid on Few and Kearney from different quarters, and if the point is not effectually carried, the attack is to be renewed in the morning. Duer, Sargent and myseif have agreed that if we fail, Sargent shall go on to Maryland, which is not at present represented, and prevail on the members of that State to come on and interest themselves, if possible, in our plan. I am to go on to Connecticut and Rhode Island to solicit the members from those States to go on to New York, and to lay an anchor to windward with them. As soon as those States are represented Sargent is to renew the application, and I have prom-

*The vote of seven out of the thirteen States was necessary to carry any measure. No State could vote unless two of its delegates were present, and in that case both must vote the same way or their ballots would be neutralized. If three delegates were present the vote of two would carry the State.

The contingency for which this careful provision was made did not arise. We come now to the entry in the journal which describes the last day's action and the success of Dr. Cutler's labors:

Friday, July 27th. - I rose very early this morning, and after adjusting my baggage (for I was determined to leave New York this day) I set out on a general morning visit and paid my respects to all the members of Congress in the city, and informed them of my intention to leave the city that day. My expectations of forming a contract, I told them, were nearly at an end. I should, however, wait the decision of Congress, and if the terms which we had stated, and which I considered to be wery advantageous to Congress, considering the state of the country, were not accepted, we must turn our attention to some other part of the country. New York, Connecticut, and Massachussetts, would sell us lands at half a dollar an acre, and give us exclusive privileges beyond what we had asked of Congress. The speculating plan concerted between the British of Canada, and the New Yorkers, was now well known. 'The uneasiness of the Kentucky people with respect to the Mississippi was notorious. A revolt of that country from the Union, if a war with Spain took place, was universally acknowledged to be highly probable; and most certainly a systematic settlement in that country, conducted by men strongly attached to the Federal Government, and composed of young, robust, hardy, and active laborers, who had no idea of any other than the Federal Government, I conceived to be an object worthy of some attention. Besides, if Congress rejected the terms now offered, there could be no prospect of any application from any other quarter. If a fair and honorable purchase could now be obtained, I presumed, contracts with the natives, similar to that made with the Six Nations, must be the consequence, especially as it might be much more easily carried into effect. These, and such like, were the arguments I urged. They seemed to be fully acceded to, but whether they will avail is very uncertain. Mr. R. H. Lee assured me he was prepared for one hour's speech, and he hoped for success. All urged me not to leave the city so soon, but I assumed anair of perfect indifference, and persisted in my determination, which had, apparently, the effect I wished. Passing the city hall as the members were going into Congress, Colonel Carrington told me he believed Few was secured; that little Kearney was left alone, and that he was determined to make one trial of what he could do in Congress. Called on Sir John Temple for letters to Boston; bade my friends goodbye, and as it was my last day, Mr. Henderson insisted on my dining with him and a number of his friends whom he had invited.

At half-past three I was informed that an ordinance had passed Congress on the terms stated in our letter, without the least variation, and that the board of treasury was directed to take order and close the contract. This was agreeable but unexpected intelligence. Sargent and I went immediately to the board, who had received the ordinance, but were then rising. They urged me to tarry the next day, and they would put by all other business to complete the contract; but I found it inconvenient, and after making a general verbal adjustment, left it with Sargent to finish what was to be done at present.

Dr. Lee congratulated me and declared he would do all in his power to adjust the terms of the contract, so far as was left to them, as much in our favor as possible. I proposed three months for collecting the first half million of dollars, and for executing the instruments of Congress, which was acceded to. By this ordinance we obtained the grant of near five millions of acress of lands, amounting to three and a half millions of dollars. One million and a half acres for the Ohio company, and the remainder for a private speculation, in which many of the principal characters in America are concerned. Without connecting this speculation similar terms and advantages could not have been obtained for the Ohio company. On my return through Broadway I received the congratulations of my friends in Congress and others with whom I happened to meet. At half-past six I took my leave of Mr. Henderson and family, where I had been most kindly and generously entertained. Left the city by way of the Bowery. ' P ¥

On his way home Dr. Cutler again stopped at Middleton, Connecticut, and called on General Parsons. Under date of July 3oth he enters the following in his journal:

When I had informed the general of my negotiations with Congress, I had the pleasure to find it not only met his approbation, but he expressed his astonishment that I had obtained terms so advantageous, which, he said, were beyond his expectation. He assured me he pre-

Clair and his friends in Congress'that they would procure an appointment for me on the same bench; but I absolutely declined, assuring him I had no wish to go in the civil line.

The reader who has followed the extracts given from Dr. Cutler's journal has seen that the diplomatic lobbyist accomplished far more than he first set out to achieve. Instead of a million and a half acres of land, he made arrangements to purchase five and a half millions of acres.

A collossal scheme of land speculation and immigration was concocted, which looked for fulfilment not simply to New England but to the countries of the old world, especially Holland and France. There was reason to be lieve that the vast plan could be successfully carried out; and, had it been, results would have been exhibited in the west which we cannot imagine. Unfortunately, however, the sanguine men who joined in securing the services of Dr. Cutler to negotiate a purchase for them, in connection with his bargatn for the Ohio company, were doomed to disappointment. One of the illy developed results of that stupendous scheme was the settlement of the French at Gallipolis, in 1790, under the auspices of the Scioto company. They were defrauded, suffered innumerable hardships incident to pioneer life, for which they were poorly fitted; and, finally, failing to secure the lands for which they bargained, the larger part of them left Gallipolis, and, with much painful privation, found homes elsewhere, though a few remained at the scene of their early suffering, where some of their descendants still dwell. Much of the history of the Scioto company is shrowded in oblivion. It is certain, however, that Dr. Cutler and the Ohio company were in no degree responsible for the sad failure of that plan of immigration which brought the poor Frenchmen to America. Dr. Cutler acted only as the agent for the parties interested in the purchase, who could not by their own efforts secure the attention or favor of Congress. It is undoubtedly true that he obtained better terms for the Ohio company by including the other and making a huge purchase. To go further, it is improbable that Barlow and Duer had any wrong intent in their management of the Scioto company's business, but that really culpable parties were their sub-agents upon the other side of the Atlantic. But this is a topic, the consideration of which would take us far outside our province in writing a history of Washington county.

The amount of land for which Dr. Cutler secured the refusal for the Ohio company was one million five hundred thousand acres, but for reasons which will be hereafter shown, they finally became possessed of only -nine hundred and sixty-four thousand two hundred and eightyfive acres.

At a meeting of the directors and agents of the Ohio company held at the Bunch of Grapes tavern, in Boston, August 29, 1787, Dr. Cutler made the following report

That in consequence of resolves of Congress of the twenty-third and twenty-seventh of July last, he agreed on the conditions of a contract with the board of treasury of the United States, for a particular tract of land containing in the whole as much as the company's funds will pay for. Should the subscriptions amount to one million of dollars, agreeably to the articles of association, at one dollar per acre - from which price is to be deducted one-third of a dollar for bad lands and defraying the expenses of surveying, etc., etc.

That the land be bounded on the east by the western boundary of the seventh range of townships; south by the Ohio; west by a meridian line to be drawn through the western cape of the Great Kanawha river, and extending so far north that a due east and west line from the seventh range of townships to the said meridian line, shall include the whole.

This tract to be extended so far northerly as to comprehend within its limits, exclusively of the above purchase, one lot of six hundred and forty acres in each township for the purposes of religion; an equal quantity for the support of schools, and two townships of twenty-three thousand and forty acres each for an university, to be as near the centre of the whole tract as may be; which lots and townships are given by Congress and appropriated for the above uses forever; also three lots of six hundred and forty acres each in every township, reserved for the future disposition of Congress; and the bounty lands of the military associators to be comprised in the whole tract; provided they do not exceed one-seventh part thereof.

In consideration of which, a right of entry and occupancy for a quantity of land equal to this sum, at the price stipulated be given, and that as soon as the geographer or some proper officer of the United States shall have surveyed and ascertained the quantity of the whole, the sum of five hundred thousand dollars more be paid, amounting in the whole to one million dollars, for which the company are to be put in possession of the whole moiety of the lands above described, and receive a deed of the whole from the said board of treasury.*

It waf resolved "that the above report and the proceedings of Dr. Cutler be fully approved, ratified and confirmed," and on the first of September it was ordered that the contract be closed. The same day the record shows that directors' and treasurer's bonds were entered into '"'in the sum of twenty thousand dollars each, at six shillings the Mexican dollar."

On the twenty-seventh of October, 1787, the contract was closed at New York, and signed by Samuel Osgood and Arthur Lee of the board of treasury of the United States, and Manasseh Cutler and Winthrop Sargent, for the Ohio company.* It was formed in all respects as foreshadowed by Dr. Cutler's report (which we have presented above), even to the provisions in regard to college, townships, and ministerial lands.

The fact is, the people of Ohio are wholly indebted to me for procuring the grant of those townships (for the university) and the minister's lands in the Ohio company's purchase; and, indeed, for similar grants in Judge Symmes' purchase. When I applied to Congress for the purchase, no person, to my knowledge, had an idea of asking for such grants. When I mentioned it to Mr. Sargent and others friendly to the measure, they were rather opposed, fearing it would occasion an increased price for the lands. I had previously contemplated the vast benefit that must be derived from it in a future time, and I made every exertion to obtain it. Mr. Sargent, indeed, cordially united with me in endeavoring to surmount the difficulties which appeared in the way, till the object was obtained. It is well known to all concerned with me in transacting the business of the Ohio company, that the establishment of a university was a first object and lay with great weight on my mind.*