isa-normaladvance-1913-00058

Description:	58THE NORMAL ADVANCEginia, under the governorship of PatrickHenry, conquered the southern part of theNorthwest in 1777-1779, Colonel George RogersClark called the citizens of Vincennes to thechurch, where the oath of allegiance was administered to them in the most solemn manner,3 By the act of 1778, Virginia preserved to these citizens their ancient rights inproperty, along with their civil and religiousinstitutions.1 When Virginia, in 1784, gaveup her claim to the Northwest, she was carefulto provide that, the French and Canadian inhabitants, and other settlers of the Kaskaskias,St. Vincents, (Vincennes), and the neighboring villages, who have professed themselvescitizens of Virginia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights andliberties.5 When the Northwest was givena frame of government in 1787, Virginia sawto it that these same people should have intact their laws and customs, now7 in forceamong them, relative to the descent and conveyance of property. So the French settlers in 1787 (and there were few English),had a clear title to all their property, including slaves. But the critic may say that theordinance of 1787 forbade slavery in the northwest, and that the property spoken of did notinclude slaves as chattels. Then the criticmight be asked why the ordinance speaks offree male inhabitants when limiting the suffrage, and of free inhabitants in providingfor the estimation of population. And hemight be further asked if slavery existant inIndiana in 1787 was not recognized by theexecutive and legislative department of theterritory, until abrogated by the state constitution in 1816.Besides, the people of the northern part ofthe Northwest had another ground for titleto their slaves after 1787. When the UnitedStates treated with England in 1794, Englandgave up the trading posts in the Northweston condition that all settlers and traders,within the precincts or jurisdiction of the saidposts shall continue to enjoy, unmolested, alltheir property of every kind, and shall ba protected therein * * *• 7 The courts heldthat this article gave the settlers and traderslegal title to their slaves.8 So there canscarcely be any doubt that slaves held in thesouthern part of the Northwest before 1787,and those held in the northern part before1795 could still be held legally.What then was the intention of the farmersof the ordinance of 1789 ? Since it was largelyframed by a New England land company,headed by Gen. S. H Parsons, Gen. RufusPutnam and Rev. Manassah Cutler, it mightbe inferred that the original intention was toabolish slavery in the Northwest, But neitherthe settlers who entered the territory, nor thegovernmental officials, either of the territoriesor of the United States, seemed to have interpreted it so narrowly. Besides, a carefulstudy of the entire document itself wouldscarcely warrant so narrow an interpretation.When the Southerners began to populate theNorthwest, these men could hardly understandwhy the French could hold slaves and whythey would not be permitted to bring theirslaves with them. As a matter of fact, thelaw was pretty largely disregarded, and numbers were brought in from the states. Emigration continued to increase until, in 1805,Indiana Territory passed to the second grade,by which the legislature then became elective.From 1800 to 1805 the territory had been governed by the governor, the three judges andthe secretary, all appointed by the President.This government was permitted only to adoptlaw7s from other states, but the new government of the second grade could pass originallaws, and indeed, the first territorial legislature, which met at Vincennes in the summerof 1805, passed one of the most original lawsever enacted. It embodied a unique plan for3English, W. Conquest of the Northwest, Vol. I, p. 201.4Dunn, J. P., Indiana, p. 155.5Ibid, p. 220.Ordinance of July 13, 1787.Treaty with Great Britain, 1795, Art. II.Dunn, J. P., Indiana, p. 252.
Source:	http://indstate.contentdm.oclc.org/cdm/ref/collection/isuarchive/id/34503
Collection:	Indiana State University Archives

Further information on this record can be found at its source.