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C U R R I C U L U M    M A T E R I A L S

Shayne Klein and Fred R. Williams

Overview

Main Ideas

The Confederation Congress passed the Northwest Ordinance in 1787 to encourage western migration. Powerful land companies made western expansion a business venture. Speculators purchased cheap lands that they hoped to sell at a high profit. To lure settlers, territorial leaders developed a political framework to protect liberty and property. They secured for settlers in the West religious freedom, protection against cruel and unusual punishment, and a government unable to seize land for the public good without first offering the owner just compensation. The Ordinance of 1787 also prohibited slavery. However, its framers compromised with slaveholders when they

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approved a fugitive slave law to force the return of runaway slaves. A controversy surfaced over how to apply Article 6, which both banned and enforced slavery. Leaders in the territory, however, successfully made the article a gradual emancipation law.

Connection with the Curriculum
The Northwest Territory is appropriate for studying American history at the national and state level and for examining critical issues in civics and government.

Teaching Level
Grades 9-12

Materials for Each Student

• The narrative portion of this article

• Maps and activity pages

• Selections from the Ordinance of 1787

Land and Shame

Objectives for Each Student

• Identify the physical boundaries of Illinois and the Northwest Territory.

• Identify in the Northwest Ordinance and the Constitution the clauses that secured slavery.

• List three reasons why Americans immigrated to the Northwest Territory.

• Describe the debate over slavery and freedom in the Northwest Territory.

• Explain why the Ordinance of 1787 did not successfully abolish slavery.

• Discuss the arguments of historians regarding Article 6's capacity to eliminate slavery.

• Explain how making Article 6 a gradual emancipation law formed the basis for the black laws of Illinois.

SUGGESTIONS FOR
TEACHING THE LESSON

Opening the Lesson
Slavery and expansion are two dominant themes in early American history. Have students brainstorm about what they already know about the introduction and spread of slavery up to 1800. Then ask the students to consider the reasons why people would choose to move out of one of the original thirteen states and settle in the West, a place that was little developed by European settlers.

Be sure to read the narrative portion of the article with your students and discuss it with them to ensure their understanding of the contents. Next, have students brainstorm about the origins of Illinois. Finally, have students make the connection between expansion, the Northwest Ordinance, and the slavery debate.

Developing the Lesson

• Help students understand the geography and population of the Northwest Territory.

• Have students review critical documents such as the Ordinance of 1787, the Constitution of the United States, and the Constitution of Illinois.

• Have students role play, explaining why they would immigrate from the North or South. Would their origins influence their opinion on slavery in Illinois, on Jefferson's antislavery proposal, or on Article 6?

• Is there a critical difference in the antislavery bill that Jefferson proposed in 1784 and in what Congress approved in 1787?

Concluding the Lesson

• Have students explain the long-range consequences of the initial interpretation of Article 6, especially during the first twenty years after Illinois entered the Union.

• Have students consider whether national policy influences society and culture at the local level.

Extending the Lesson

• For advanced students in American history, the Northwest Ordinance provides a means to assess the frontier thesis of Frederick Jackson Turner. The Turner thesis, in part, contends that American culture and political ideology developed in the West and then migrated back to the East. The Northwest Ordinance predated both the Constitution and the Bill of Rights, yet contains many of their provisions. Do the various provisions of the Northwest Ordinance lend support to Turner's thesis?

Assessing the Lesson

• Teachers can assess learning through student responses to the guided questions provided in activities that follow.

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Activity 1 - The map pf the Northwest Territory

Young Boy

The states of Illinois, Wisconsin, Michigan, Indiana, and Ohio and parts of Minnesota were formed from the Northwest Territory. The map following reflects the admission dates of these states into the Union, reveals boundaries and latitude and longitude markings, and demonstrates the means of surveying and dividing the land of the Old Northwest.

Use the map to help answer the following questions:

  1. What are the natural water boundaries of the Northwest Territory?

  2. Which line of latitude formed the northern boundary of Illinois?

  3. Which three states bordered the Northwest Territory to the east?

  4. Use the scale of miles to determine how long the Northwest Territory was from the southern tip of Illinois to the northern-most point of Michigan.

  5. Use the scale of miles to approximate the east-west distance of the Northwest Territory from the eastern edge of Ohio to the western side of Illinois.

  6. What geographic reasons might help explain why Ohio, Indiana, and Illinois gained statehood prior to Michigan and Wisconsin?

  7. Use the map following that shows how land in the Northwest Territory was divided. Each township consisted of a 6-mile-by-6-mile section of land that was then divided into 36 one-mile-square sections. The article reveals that land in the Old Northwest sometimes sold for as little as eight cents per acre. At that rate, how much would a speculator in the late-eighteenth century pay for one section of land? Note that one section (one-mile-by-one-mile) is 640 acres. What would eight cents buy today?

  8. For the sake of a modern comparison, land in many of the urban areas of Illinois sells for more than $50,000 per acre. If a real estate developer had to pay $50,000 an acre for one of the old 640-acre sections of the Northwest Territory, how much would he or she have to pay?

  9. The Land Ordinance of 1785 stipulated that the income derived from Section 16 of the 36 sections would be used to support schools. What impact might this feature have on the settlement of the Northwest Territory?

  10. Speculate on how the Northwest Territory would have been settled if the grid system for surveying and marketing the lands had not been used.

Rocking Chair

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Activity 1 - Map of Northwest Territory

Map

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Activity 2 - Applying Census Data

Slaves

Free Blacks

White Men

White Women

Total

NW Territory (1800)

135

500

27,007

23,364

51,006

NW Territory (1820)

1,109

6,584

412,040

374,095

792,719

Illinois (1810)

168

613

6,380

5,121

12,282

Illinois (1820)

919

457

29,401

24,387

55,211


Girls skating

Answer the following questions using the census chart above:

  1. How many slaves were in the Northwest Territory in 1800?

  2. By 1820, did Article 6 of the Northwest Ordinance limit the growth of slavery? Explain your answer.

  3. In 1810, what percentage of Illinois' population was slave?

  4. In part, the framers of Article 6 intended to protect white laborers from slave competition. Did the plan work?

  5. The Northwest Ordinance states that "whenever any of the said States shall have 60,000 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..." Illinois gained admission to the Union in 1818. Did Illinois meet the population requirement established in the Northwest Ordinance? What does your answer tell you about the adaptability of the Ordinance or the accuracy of the census data?

  6. Both in Illinois and the rest of the Northwest Territory, men outnumbered women. What would help explain this phenomena?

  7. Compare the total population of the Northwest Territory in 1800 with the total population of the area in 1820. What does the comparison reveal about western migration during the first twenty years of the nineteenth century?

Making Faces

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Activity 3
Comparative Studies: The Ordinance
of 1787 and the Constitution

The Constitution and the Northwest Ordinance were both written in the summer of 1787. The Bill of Rights to the Constitution was ratified in 1791. Excerpts from both documents appear below. Have the students do the following:

  1. Identify similarities between the two documents and discuss why these similarities exist.

  2. Discuss any civil liberties enjoyed by residents in the Northwest Territory in advance of the residents in the original states.

  3. Identify features in the Northwest Ordinance that would have been most attractive to late- eighteenth-century immigrants.

U. S. Constitution

First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition to government for a redress of grievances.

Article 1, Section 9
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Amendment 7
In suits at common law... the right of trial by jury shall be preserved.

Amendment 8
Excessive bail shall not be required, nor excessive finds imposed, nor cruel and unusual punishments inflicted.

Amendment 5
(N)o person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Northwest Ordinance

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 the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury.

Article 2
All persons shall be bailable, unless for capital offenses ... All fines shall be moderate; no cruel or unusual punishments shall be inflicted.

Article 2
No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; should the public exigencies make it necessary for the common preservation, to take any person's property or to demand his particular services, full compensation shall be made for the same.

Article 3
Religion, morality, and knowledge being necessary for 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 their consent; and in their property, rights, and liberty they shall never be invaded or distrubed 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 wrongs being done to them and for preserving peace and friendship with them.

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Activity 3 - continued

U.S. Constitution

Article 6
This Constitution, and the laws of the United States which shall be made in pursuance thereof... shall be the supreme law of the land.

Article 4, Section 1
No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

Northwest Ordinance

Article 4
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.

Article 5
There shall be formed in the said territory not less than three nor more than five states; and boundaries of the states as soon as Virginia shall alter her act cession and consent to the same, shall become fixed and established ... And whenever any of the said states shall have 60,000 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 interests of the Confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than 60,000.

Article 6
That any person escaping into the same (territory), 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 service as aforesaid.

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Acxtivity 4 - Migration to the Old Northwest

In 1790, approximately 100,000 white settlers lived beyond the Appalachian Mountains. By 1818, when Illinois gained admission to the Union, the population west of the Appalachians had climbed to two million. The growth of this region can in part be attributed to provisions in the Northwest Ordinance. Read from the Ordinance of 1787 selections such as Article 3, 5, and 6. Consider how each facilitated settlement of the western territory.

Have students decide how each article would influence migration. Have students consider economic opportunities, protections for civil liberties, and any other ideas they believe would lure migrants to the West. Based upon student conclusions, ask students to develop a project that explains how the factors influenced migration. Have students develop one of the following projects to demonstrate their conclusions:

• a speech
• a poster
• a pamphlet
• an editorial
• a cartoon

Migration Cartoon

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Activity 4 - Debates

Article 6 generated controversy both upon its inception and application. The framers first debated whether an antislavery provision was appropriate for a federal territory. After 1787 they debated whether Article 6 should be applied to slaves who resided in the territory before or after adoption of the ordinance. Have students debate both sides of the issue.

Debate 1: Should an anti-slavery provision be written into the Northwest Ordinance?

The Confederation Congress wrote the Northwest Ordinance. Members of this Congress came from the original thirteen states. In 1787, the Southern economy was much more dependent on slavery than the Northern economy. Many Northern states adopted gradual plans to abolish slavery. For example, by 1787 New Hampshire, Massachusetts, and Vermont had abolished slavery. Pennsylvania, New York, and New Jersey established gradual emancipation plans to abolish slavery between 1780 and 1804. Based on this information, have the students construct the arguments for and against the inclusion of an anti-slavery clause in the Northwest Ordinance. Next, have students stage a debate as Northern and Southern representatives to the Confederation Congress.

Debate 2: Did Article 6 usher in the immediate or gradual abolition of slavery?

Powerful arguments emerged in the application of Article 6. Scholars and judges such as Daniel Ryan, Carrington T. Marshall, Clarence Carter, and George Turner supported the immediate abolition argument. Leaders at the turn of the nineteenth century including Arthur St. Clair, Bartholmew Tardiveau, James Madison, and William Henry Harrison supported gradual emancipation. After reading the article, have students summarize the arguments of these eight individuals.

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