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Northwest Ordinance of 1787 : ウィキペディア英語版
Northwest Ordinance

The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio, and also known as the Freedom Ordinance or The Ordinance of 1787) was an act of the Congress of the Confederation of the United States (the Confederation Congress), passed July 13, 1787. The ordinance created the Northwest Territory, the first organized territory of the United States, from lands beyond the Appalachian Mountains, between British Canada and the Great Lakes to the north and the Ohio River to the south. The upper Mississippi River formed the Territory's western boundary. It was the response to multiple pressures: the westward expansion of American settlers, tense diplomatic relations with Great Britain and Spain, violent confrontations with Indians, the weaknesses of the Articles of Confederation, and the empty treasury of the American government. It was based upon but more conservative than Thomas Jefferson's proposed ordinance of 1784. The 1787 law relied on a strong central government, which was assured under the new Constitution that took effect in 1789. In August, 1789, it was replaced by the Northwest Ordinance of 1789, in which the new Congress reaffirmed the Ordinance with slight modifications.〔Reginald Horsman, "The Northwest Ordinance and the Shaping of an Expanding Republic." ''Wisconsin Magazine of History'' (1989): 21-32 (in JSTOR ).〕
Arguably the single most important piece of legislation passed by the Confederation Congress, it established the precedent by which the Federal government would be sovereign and expand westward with the admission of new states, rather than with the expansion of existing states and their established sovereignty under the Articles of Confederation. It is the most important legislation that Congress has passed with regard to American public domain lands.〔Shōsuke Satō, ''(History of the land question in the United States ), Johns Hopkins University, (1886), p.352〕 The U.S. Supreme Court recognized the authority of the Northwest Ordinance of 1789 within the applicable Northwest Territory as constitutional in Strader v. Graham, 51 U.S. 82, 96, 97 (1851), but did not extend the Ordinance to cover the respective states once they were admitted to the Union.〔(51 U.S. 82, 96, 97 )〕
The prohibition of slavery in the territory had the practical effect of establishing the Ohio River as the boundary between free and slave territory in the region between the Appalachian Mountains and the Mississippi River. This division helped set the stage for national competition over admitting free and slave states, the basis of a critical question in American politics in the 19th century until the Civil War.
==Context and history==
(詳細はGreat Britain from France following victory in the Seven Years' War and the 1763 Treaty of Paris. Great Britain took over the Ohio Country, as its eastern portion was known, but a few months later closed it to new European settlement by the Royal Proclamation of 1763. The Crown tried to restrict settlement of the thirteen colonies between the Appalachians and the Atlantic, which raised colonial tensions among those who wanted to move west. With the colonials' victory in the American Revolutionary War and signing of the 1783 Treaty of Paris, the United States claimed the territory, as well as the areas south of the Ohio. The territories were subject to overlapping and conflicting claims of the states of Massachusetts, Connecticut, New York, and Virginia dating from their colonial past. The British were active in some of the border area until after the Louisiana Purchase and the War of 1812.
The region had long been desired for expansion by colonists. The states were encouraged to settle their claims by the US government's ''de facto'' opening of the area to settlement following the defeat of Great Britain. In 1784, Thomas Jefferson, a delegate from Virginia, proposed that the states should relinquish their particular claims to all the territory west of the Appalachians, and the area should be divided into new states of the Union. Jefferson's proposal to create a federal domain through state cessions of western lands was derived from earlier proposals dating back to 1776 and debates about the Articles of Confederation. Jefferson proposed creating seventeen roughly rectangular states from the territory, and suggested names for the new states, including ''Chersonesus'', ''Sylvania'', ''Assenisipia'', ''Metropotamia'', ''Polypotamia'', ''Pelisipia'', ''Saratoga'', ''Washington'', ''Michigania'' and ''Illinoia''. The Congress of the Confederation modified the proposal, passing it as the Land Ordinance of 1784. This ordinance established the example that would become the basis for the Northwest Ordinance three years later. Michigan, Illinois, and Washington were eventually adopted as new state names.
The 1784 ordinance was criticized by George Washington in 1785 and James Monroe in 1786. Monroe convinced Congress to reconsider the proposed state boundaries; a review committee recommended repealing that part of the ordinance. Other politicians questioned the 1784 ordinance's plan for organizing governments in new states, and worried that the new states' relatively small sizes would undermine the original states' power in Congress. Other events such as the reluctance of states south of the Ohio River to cede their western claims resulted in a narrowed geographic focus.〔
When passed in New York in 1787, the Northwest Ordinance showed the influence of Jefferson. It called for dividing the territory into gridded townships, so that once the lands were surveyed, they could be sold to individuals and speculative land companies. This would provide both a new source of federal government revenue and an orderly pattern for future settlement.〔Jerel A. Rosati, James M. Scott, (''The Politics of United States Foreign Policy'' ), Cengage Learning, 2010, p. 20〕

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