Territory Northwest of the River Ohio Organized incorporated territory of United States ← 1787–1803 →   →   → Flag Government Organized incorporated territory Governor  - 1787-1802 Arthur St. Clair  - 1803 Charles Willing Byrd History  - Northwest Ordinance July 13 1787  - Affirmed by United States Congress August 7, 1789  - Indiana Territory created May 7, 1800  - Statehood of Ohio March 1 1803

The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio. Previously, it was part of the Indian Reserve, a territory under British rule set aside in the Royal Proclamation of 1763 for use by American Indians, which was assigned to the United States in the Treaty of Paris (1783).

The Congress of the Confederation enacted the Northwest Ordinance in 1787 to provide for the administration of the territories and set rules for admission as a state. On August 7, 1789, the new U.S. Congress affirmed the Ordinance with slight modifications under the Constitution. The territory included all the land of the United States west of Pennsylvania and northwest of the Ohio River. It covered all of the modern states of Ohio, Indiana, Illinois, Michigan, Wisconsin, and the northeastern part of Minnesota. The area covered more than 260,000 square miles (670,000 km²).

History[link]

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European exploration of the region began with French-Canadian voyageurs in the 17th century, followed by French missionaries and French fur traders. French-Canadian explorer Jean Nicolet was the first recorded white entrant into the region, landing in 1634 at the current site of Green Bay, Wisconsin (although Étienne Brûlé is stated by some sources as having explored Lake Superior and possibly inland Wisconsin in 1622). The French exercised control from widely separate posts in the region which they claimed as New France. The oldest such post is Fort Detroit, founded in 1701. France ceded the territory to the Kingdom of Great Britain in the 1763 Treaty of Paris, which ended the French and Indian War.

A new colony, named Charlotina, was proposed for the southern Great Lakes region. However, facing armed opposition by Native Americans, the British issued the Proclamation of 1763, which prohibited white settlement west of the Appalachian Mountains. This action angered American colonists interested in expansion as well as those who had already settled in the area. In 1774, by the Quebec Act, the region was annexed to the Province of Quebec in order to provide a civil government and to centralize British administration of the Montreal-based fur trade. The prohibition of settlement west of the Appalachians remained and this was a contributing factor to the American Revolution.

In February 1779, George Rogers Clark of the Virginia Militia captured Vincennes from British commander Henry Hamilton. Virginia capitalized on Clark's success by laying claim to the whole of the Old Northwest, calling it Illinois County, Virginia,^[1] until 1784, when Virginia ceded its land claims to the federal government.

The Old Northwest Territory included all the then-owned land of the United States west of Pennsylvania and northwest of the Ohio River. It covered all of the modern states of Ohio, Indiana, Illinois, Michigan, and Wisconsin, as well as the northeastern part of Minnesota. The area covered more than 260,000 square miles (670,000 km²) and was a significant addition to the United States. It was inhabited by about 45,000 Native Americans and 4,000 traders, mostly French and British – although both groups included the Metis, a sizeable group descended from Native women married to European or Canadian traders who established a unique culture that ruled the Upper Midwest for more than a century^{[citation needed]}.

Britain officially ceded the area north of the Ohio River and west of the Appalachians to the United States at the end of the American Revolutionary War with the Treaty of Paris (1783), but the British continued to maintain a presence in the region as late as 1815, the end of the War of 1812.

The state cessions that eventually allowed for the creation of the Territories North and South West of the River Ohio

Several states (Virginia, Massachusetts, New York, and Connecticut) then had competing claims on the territory. Other states, such as Maryland, refused to ratify the Articles of Confederation so long as these states were allowed to keep their western territory, fearing that those states could continue to grow and tip the balance of power in their favor under the proposed system of federal government. As a concession in order to obtain ratification, these states ceded their claims on the territory to the federal government: New York in 1780, Virginia in 1784, Massachusetts and Connecticut in 1785. So the majority of the territory became public land owned by the U.S. government. Virginia and Connecticut reserved the land of two areas to use as compensation to military veterans: The Virginia Military District and the Connecticut Western Reserve. In this way, the United States included territory and people outside any of the states.

Thomas Jefferson's Land Ordinance of 1784 was the first organization of the territory by the United States. The Land Ordinance of 1785 established a standardized system for surveying the land into saleable lots, although Ohio had already been partially surveyed several times using different methods, resulting in a patchwork of land surveys in Ohio. Some older French communities' property claims based on earlier systems of long, narrow lots also were retained. The rest of the Northwest Territory was divided into roughly uniform square townships and sections, which facilitated land sales and development. American settlement officially began at Marietta, Ohio, on April 7, 1788, with the arrival of forty-eight pioneers.

Difficulties with Native American tribes and with British trading outposts presented continuing obstacles for American expansion. As late as 1791, Rufus Putnam wrote to President Washington that "we shall be so reduced and discouraged as to give up the settlement."^[2] The military campaign of General "Mad" Anthony Wayne against the Native Americans eventually culminated with victory at the Battle of Fallen Timbers in 1794 and the Treaty of Greenville of 1795. Jay's Treaty, in 1794, temporarily helped to smooth relations with British traders in the region, where British citizens outnumbered American citizens throughout the 1780s.

The first governor of the Northwest Territory, Arthur St. Clair, formally established the government on July 15, 1788, at Marietta. His original plan called for the organization of five initial counties: Washington (Ohio east of the Scioto River), Hamilton (Ohio between the Scioto and the Miami Rivers), Knox (Indiana and eastern Illinois), St. Clair (Illinois and Wisconsin), and Wayne (Michigan).

On July 4, 1800, in preparation for Ohio's statehood, the Indiana Territory was decreed by an act of the U.S. Congress, signed into law by President John Adams on May 7, 1800, effective on July 4. The Congressional legislation encompassed all land west of the present Indiana–Ohio border and its northward extension to Lake Superior, reducing the Northwest Territory to present-day Ohio and the eastern half of Michigan's Lower Peninsula. Ohio was admitted as a state on March 1, 1803, at the same time the remaining land was annexed to Indiana Territory, and the Northwest Territory went out of existence. Ongoing disputes with the British over the region was a contributing factor to the War of 1812. Britain irrevocably ceded claim to the Northwest Territory when it no longer officially existed, with the Treaty of Ghent in 1814.

Law and government[link]

Map of the states and territories of the United States as it was on August 7, 1789, when the Northwest Territory was first organized, to May 26, 1790, when the Southwest Territory was organized

At first, the territory had a modified form of martial law. The governor was also the senior army officer within the territory, and he combined legislative and executive authority. But a supreme court was established, and he shared legislative powers with the court. County governments were organized as soon as the population was sufficient, and these assumed local administrative and judicial functions. Washington County was the first of these, at Marietta in 1788. This was an important event, as this court was the first establishment of civil and criminal law in the pioneer country.

As soon as the number of free male settlers exceeded 5,000, the Territorial Legislature was to be created, and this happened in 1798. The full mechanisms of government were put in place, as outlined in the Northwest Ordinance. A bicameral legislature consisted of a House of Representatives and a Council. The first House had 22 representatives, apportioned by population of each county.^[3] The House then nominated 10 citizens to be Council members. The nominations were sent to the U.S. Congress, which appointed five of them as the Council. This assembly became the legislature of the Territory, although the governor retained veto power.

Article VI of the Articles of Compact within the Northwest Ordinance prohibited the owning of slaves within the Northwest Territory. However, territorial governments evaded this law by use of indenture laws.^[4] The Articles of Compact prohibited legal discrimination on the basis of religion within the territory.

The township formula created by Thomas Jefferson was first implemented in the Northwest Territory through the Land Ordinance of 1785. The square surveys of the Northwest Territory would become a hallmark of the Midwest, as sections, townships, counties (and states) were laid out scientifically, and land was sold quickly and efficiently (although not without some speculative aberrations).

Officials[link]

Arthur St. Clair was the territory's governor until November 1802, when President Thomas Jefferson removed him from office and appointed Charles Willing Byrd, who served the position until Ohio became a state and elected its first governor, Edward Tiffin, on March 3, 1803.^[5] The original supreme court consisted of John Cleves Symmes, James Mitchell Varnum and Samuel Holden Parsons. There were three secretaries: Winthrop Sargent (July 9, 1788–May 31, 1798); William Henry Harrison (June 29, 1798–December 31, 1799); and Charles Willing Byrd (January 1, 1800–March 1, 1803).

The General Assembly of the Northwest Territory consisted of a Legislative Council (five members chosen by Congress) and a House of Representatives consisting of 22 members elected by the male freeholders in nine counties. The first session of the Assembly was held in September 1799. Its first important task was to select a non-voting delegate to the U.S. Congress. Locked in a power struggle with Governor St. Clair, the legislature narrowly elected William Henry Harrison as the first delegate over the governor's son, Arthur St. Clair, Jr. Subsequent congressional delegates were William McMillan (1800–1801) and Paul Fearing (1801–1803).

The territory's first common pleas court opened at Marietta on 2 September 1788. Its first judges were General Rufus Putnam, General Benjamin Tupper, and Colonel Archibald Crary. Ebenezer Sproat was the first sheriff, Paul Fearing became the first attorney to practice in the territory, and Colonel William Stacy was foreman of the first grand jury.^[6] Griffin Greene was appointed justice of the peace.

Winthrop Sargent, the first secretary of the territory, married Roewena Tupper, daughter of Gen. Benjamin Tupper, on 6 February 1789 at Marietta in the first marriage ceremony held within the Northwest Territory.^[7]

Territorial counties[link]

Seal of the Northwest territory over a time capsule outside the Campus Martius Museum. Latin phrase “He has planted one better than the one fallen,” signifies the replacement of wilderness by civilization.^[8]