acres to a company organized in France, which in turn sold them to unsuspecting royalist emigrants. Neither company ever secured a clear title to these lands, and Congress had eventually to come to the relief of the unhappy French settlers with a donation of twenty-four thousand acres. Unforeseen circumstances prevented either the Ohio Company or Symmes from complying with the conditions of sale; and in both cases Congress consented to alter the terms of contract.

On July 13, 1787, Congress adopted the ordidance which it had long had under consideration. The authorship of this "charter of the west," after long controversy, is still in dispute. Like all legislative measures it bears the mark of many hands. Certain features of Jefferson's ordinance reappear: the provision for temporary government and eventual statehood, and the fundamental articles of compact. Other provisions are stated in a detailed fashion and suggest the probability that Congress had definite conditions to meet. The ordinance took final form while the Reverend Manasseh Cutler was representing the Ohio Company in New York. Perhaps the most striking departure from the Ordinance of 1784 is the provision for not less than three nor more than five States north of the Ohio, where Jefferson planned for ten. Admission to the Union was to be gained only after the population had reached sixty thousand. Temporary government was to consist of a governor, a secretary, and three judges appointed by Congress, who were to adopt such laws from other States as they believed suited to local conditions. In each and

every case Congress reserved the right to disallow these laws. Whenever a territory attained a population of five thousand, it was to pass to the second grade of government, with a representative assembly, an appointive council, and a delegate in Congress.

Six articles of compact were also written into the ordinance, which were to remain forever unalterable except by the common consent of the parties thereto

“the original States and the people and States in the said territory." Freedom of worship, the usual rights of person and property, and the obligation of private contracts were guaranteed. Religion, morality, and education were to be forever encouraged. Neither slavery nor involuntary servitude was to be permitted. In imposing these conditions Congress undoubtedly exceeded its powers under the Articles of Confederation, for that document nowhere confers upon Congress the power to make binding contracts, nor for that matter to legislate in any wise for the government of the common domain.

The Ohio Company hastened to colonize its broad acres on the Muskingum. Before the end of the year 1787, the vanguard of the first colony was on the march through Pennsylvania to the upper waters of the Ohio. There they spent the winter constructing the craft which was to carry them to their destination. As soon as the ice broke up in the spring, they embarked on the Mayflower,- for so they had christened the craft, and within five days set foot on the soil of Ohio. Other bands joined them, and by midsummer their rude huts and a blockhouse marked the site of what was to be the town of Marietta, the

first New England settlement in the West. Across the Muskingum, at Fort Harmar, the new governor, General St. Clair, had already taken up his official residence. Farther down the river, Symmes planted a colony from New Jersey on the tract which he had purchased; and within the next few years settlements were made in the adjoining district, which Virginia had reserved as bounty land for her soldiers. The vision of virgin lands in the Ohio country was beginning to dawn upon the small farmer of the East. Emigration grew apace. Between February and June, 1788, an observer noted not less than forty-five hundred settlers drifting past Fort Harmar in their flatboats, in search of new homes in the wilderness.

While the colonization of the Northwest was going on under the eye of Governor St. Clair, hardy pioneers were laying the foundations of a new society in the Southwest, without the protecting arm of the Government. Before the war Daniel Boone had made his famous trace to "the country of Kentucke" through the Cumberland Gap; and Robertson had led his colony from North Carolina to the upper waters of the Tennessee. Settlers had followed the long-rangers; and numerous communities sprang up by salt lick and water course. In all these settlements there was much local independence. For a time the people on the Watauga had established a government of their own. Upon the cession by North Carolina of her western lands, the settlers of eastern Tennessee took matters into their own hands and prepared to organize as a State. Congress had just adopted the Ordinance of 1784, and one of Jeffer

son's prospective States included most of the land already appropriated by these pioneers. They nourished, too, long-standing grievances. They were taxed for the support of a government which treated them with contumely and ignored their administrative needs. The movement toward independence acquired such headway that not even the repeal of the act of cession by North Carolina could stay its course. With a confidence born of frontier conditions these "modern Franks, the hardy mountain men," as a contemporary called them, drafted a constitution, organized a government, and appealed to Congress for recognition as a State of the Confederation. For three years the State of Franklin, as it was officially christened, under the able leadership of Governor John Sevier, refused to recognize the authority of North Carolina, even to the point of resisting the militia by arms. But Congress turned a deaf ear to the petitions of the insurgents; and in the year 1788, diplomacy succeeding where coercion had failed, the people of Franklin returned to their first allegiance.

Much the same centrifugal forces were at work in northwestern Virginia and western Pennsylvania, a region which felt its isolation keenly. "Separated by a vast, extensive and almost impassible Tract of Mountains, by Nature itself formed and pointed out as a Boundary between this Country and those below it," the settlers of this trans-Alleghany region besought Congress to recognize them as a "sister colony and fourteenth province of the American Confederacy."

More menacing to the integrity of Virginia was a

movement for independent statehood among the people of Kentucky. Rivers were the highways of their commerce and the current of all bore their flatboats away from the parent State. New Orleans was their inevitable entrepôt. The forces of nature seemed to conspire to throw these western settlements into the hands of Spain. Washington was deeply impressed by the necessity of connecting the headwaters of the James and the Potomac with the tributaries of the Ohio, if the trade and allegiance of the people of Kentucky were to be secured to Virginia and to the Union. "The western States," he wrote to Governor Harrison of Virginia, "stand as it were upon a pivot. The touch of a feather would turn them any way." The situation in Kentucky became more acute as intimations reached the people that John Jay was proposing to renounce the free navigation of the Mississippi.

In the summer of 1785, Don Diego de Gardoqui, the first accredited Minister from Spain, arrived in the United States to settle all outstanding differences between the two countries. Congress appointed John Jay as its diplomatic agent and instructed him to hold insistently to the thirty-first parallel as the southern boundary of the States and to the free navigation of the Mississippi. The prospect of agreement was very slight. The American claims were based solely on the Treaty of 1783 which the King of Spain was determined not to recognize. Negotiations dragged on for months. Reporting to Congress in August, 1786, Jay advised the abandonment of the claim of free navigation of the Mississippi for