67. The Inner History of the Northwest FR Ordinance (1787) By REVEREND CUTLER a New Eng man who served as a chaplain in the contiHe later became interformation of nental army. ested in the ▼RIDAY, July 20 [1787]. This morning the Secre- MANASSEH tary of Congress furnished me with the Ordinance of (1742-1823), yesterday, which states the conditions of a contract, land clergybut on terms to which I shall by no means accede. Informed the Committee of Congress that I could not contract on the terms proposed; should prefer purchasing lands of some of the States, who would give incomparably better terms, and therefore proposed to leave the City immediately. They appeared to be very sorry no better terms were offered, and insisted on my not thinking of leaving Congress until another attempt was made. I told them I saw no prospect of a contract, and wished to spend no more time and money on a business so unpromising. They assured me I had many friends in Congress who would make every exertion in my favor; that it was an object of great magnitude, and [I] must not expect to accomplish it in less than two or three months. If I desired it, they would take the matter up that day on different ground, and did not doubt they should still obtain terms agreeably to my wishes. Monday, July 23. My friends had made every exertion the assistance of Colonel Duer and Major Sargent. the Ohio Company, of which he was made agent. He drafted Dane the for Nathan famous ordinance ex cluding slavery from the Northwest Territory, and furnishing a model for the colonial gov ernments of the United States. The piece is also anillustration of the difficulties of the Congress business in of the Confederation. On the Ordinance, see Contemporaries, III. Temple was British consul. was obtained. This was not to the minds of my friends, who were now considerably increased in Congress Thursday, July 26. . . . Dined with Sir John Temple. Several gentlemen in company. Immediately after dining took my leave and called on Dr. Holton. He told me that Congress had been warmly engaged on 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 not be a majority in favor. I felt much discouraged, and told the Doctor I thought it in vain to wait longer, and should certainly leave the city the next day. He cried out on my impatience, said if I obtained my purpose 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 that it was impossible for him to conceive by what kind of 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 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 to a close. He could not have supposed that any three men from New England, even of the first character, 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 me some consolation. I now learned very nearly who were for and who were against the terms. Bingham is come 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 seige 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 myself have also agreed, if we fail, that Sargent shall go on to Maryland, which is not at present represented, and prevail on the members to come on, and to interest them, if possible, in our plan. I am to go on to Connecticut and Rhode Island, to solicit the members from these states to go on to New York, and to lay an anchor to the windward with them. As soon as those states are represented Sargent is to renew the application, and I have promised Duer, if it be found necessary, I will then come on to New York again. Friday, July 27. I rose very early this morning, and, after adjusting my baggage for my return, for I was determ[in]ed 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 obtaining a contract, I told them, were nearly at an end. I should, however, wait the decision of Congress, and if the terms we had stated, and which I conceived to be exceedingly advantageous to Congress, considering the circumstances of that country, were not acceded to, we must turn our attention to some other part of the country. New York, Connecticut, and Massachusetts would sell us lands at half a dollar, and give us exclusive privileges beyond what we had asked of Congress. 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 the air of perfect indifference, and persisted in my determination, which had apparently the effect I wished. Passing the City Hall as the members were going in to Congress, Colonel Carrington told me he believed Few was By DELE GATE (1725-1792), fourth of the name in a celebrated Virginia family. Among other things he drew up the Virginia Resolutions of 1769, and in 1776 drafted the Virginia Declaration of Rights. He was a member of the Constitutional Con vention, but being very democratic secured, that little Kearney was left alone, and that he determined to make one trial of what he could do in Congress. Called at Sir John Temple's for letters to Boston; bid my friends good-by; 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. Manasseh Cutler, Life, Journals, and Correspondence (edited by W. P. Cutler and Julia P. Cutler, Cincinnati, 1888), I, 294305 passim. 68. Objections to the Constitution (1787) THE HERE is no Declaration of Rights, and the laws of the general government being paramount to the laws and constitution of the several States, the Declarations of Rights in the separate States are no security. Nor are the people secured even in the enjoyment of the benefit of the common law. In the House of Representatives there is not the substance but the shadow only of representation; which can never produce proper information in the legislature, or inspire confidence in the people; the laws will therefore be generally made by men little concerned in, and unacquainted with their effects and consequences. The Senate have the power of altering all money bills, and of originating appropriations of money, and the salaries of the officers of their own appointment, in conjunction and opposed with the president of the United States, although they are the powers of not the representatives of the people or amenable to them. to extending the executive and legislative, he de clined to sign ment framed. the instru The extract is an example These with their other great powers, viz.: their power in the appointment of ambassadors and all public officers, making treaties, and in trying all impeachments, their influence upon and connection with the supreme Executive from these causes, their duration of office and their being a constantly existing body, almost continually sitting, joined of numerous with their being one complete branch of the legislature, will destroy any balance in the government, and enable them to accomplish what usurpations they please upon the rights and liberties of the people. The Judiciary of the United States is so constructed and extended, as to absorb and destroy the judiciaries of the several States; thereby rendering law as tedious, intricate and expensive, and justice as unattainable, by a great part of the community, as in England, and enabling the rich to oppress and ruin the poor. similar argu ments. For text of the Constitution, see American History Leaflets, No. 8. For the Fedtion, see Am. Hist. Studies, Nos. 5, 6; Contemporaries, III. eral Conven This objection has been disproved by experience. founded. or This has not come to pass. The cabinet The President of the United States has no Constitutional Council, a thing unknown in any safe and regular government. He will therefore be unsupported by proper infor- Not well mation and advice, and will generally be directed by minions and favorites; or he will become a tool to the Senate a Council of State will grow out of the principal officers of the great departments; the worst and most dangerous of all ingredients for such a Council in a free country. From this fatal defect has arisen the improper power of the Senate in the appointment of public officers, and the alarming dependence and connection between that branch of the legislature and the supreme Executive. has not assumed this power. Hence also sprung that unnecessary officer the VicePresident, who for want of other employment is made. president of the Senate, thereby dangerously blending the executive and legislative powers, besides always giving to some one of the States an unnecessary and unjust preeminence over the others. The President of the United States has the unrestrained dential office, The word |