Northwest Ordinance
Between 1786 and 1822, the United States regulated trade and diplomatic contact with Indian nations through a series of legislative initiatives. These initiatives formed the basis of American policy towards native tribes. The government of the United States was to be the sole arbiter on the subject of economic and diplomatic exchange with Indian tribes living outside the borders of the thirteen states. Initially, only agents of the government could negotiate with tribal leaders. These agents were empowered to establish trade contracts with native governments and could negotiate the purchase of Indian lands. As corruption among government agents began to threaten the flow of trade goods, specially licensed independent agents were empowered to manage trade between the United States and native governments. The purchase of native lands, however, remained in the hands of government agents. Eventually, this series of legislation laid the groundwork for the establishment of a separate homeland for Indian nations. These policies would also dictate the way in which the United States viewed its relationship with its native neighbors for the next century. The first piece of legislation came about during the frenzied final years of America’s caretaker Confederation Congress.
Border Troubles
1787 was a tumultuous year for the United States. The weaknesses of the Articles of Confederation were apparent and the tenuous national government was strained to its breaking point. The Northwest Ordinance was conceived by a forward thinking Congress--a legislature that realized that this new nation would not remain confined to the demarcation line drawn up by an overthrown administration. America in 1787 was a young nation with a rapidly growing and eager to expand populous. In the years following the American Revolution, bands of white settlers began to move into lands occupied by Indian tribes. Even by European standards of the day, the presence of foreign settlers on a nation’s sovereign territory was act of war. In response to the encroachment of white settlers, Indian tribes mounted an armed resistance.
Looming Conflict
Though official records from that period are not exact, it is estimated that 1500 settlers died in uncounted skirmishes with Indian tribes. While many of the tribes involved in these attacks were simply responding to the presence of foreigners on their land, others posed a significant enough threat to force the government to take notice. The Cherokee Nation was a powerful adversary and a prolonged conflict would cost the new nation much in the way of manpower and resources. At this time, the Confederation Congress was already straining under the weight of its own limitations and realized that the best way to curtail the violence would be to impose limitations on the settlement movement. The Northwest Ordinance was the government’s effort to take charge of the situation.
A New Solution
The Northwest Ordinance was an effort to define America’s future plans to expand westward. In the Treaty of Paris, the United States had acquired a vast expanse of land formerly held by the British government--the Ohio Territory. This area had originally been closed to white settlement by order of the Royal Proclamation of 1763. The Northwest Ordinance, perhaps the last significant piece of legislation to come from the Confederation Congress, was concerned with bringing order to the settlement movement. This multi-faceted legislation established the parameters for settlement in the Ohio (of Northwestern) Territory, prohibited the expansion of slavery into these new settlements, extended religious freedom, outlined the method through which new territories could become states, and provided for the protection of Indian sovereignty. The provision directly pertaining to Indian tribes defined their domain while at the same time hinted at the method through which their lands could be acquired.
Mark M. Boatner III, Encyclopedia of the American Revolution. (Mechanicsburg: Stackpole Books, 1994).
Mark C Carnes, Ed. U.S. History. (New York: MacMillan Library Reference, 1998).
Marilyn Miller and Martin Faux, American History Desk Reference. (New York: MacMillan, 1997).
Carl Waldman, Atlas of the North American Indian. (New York: Checkmark Books, 2000).
Carl Waldman, Encyclopedia of Native Tribes. (New York: Checkmark Books, 2006).
