The Ordinance of 1787

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Cutler knew the disposition of the commit- tee and of Congress, and was confident that the Ordinance would contain the article prohibiting slavery. Setting aside the improbability of Dr. Cutler being able to obtain the sense of Congress on a bill that had not been framed, or of his attempting such a piece of lobbyism, we have incontro- vertible evidence that when the Ordinance was presented to Congress the article prohibiting slavery was not in it. Dr.
Poole thinks that the article was agreed u
...pon in the com- mittee, and was omitted by Dane, who restored it when on the second reading he found the House would consider it favorabl3\ This is supported by the language of Dane's letter to King of July 16, which reads : " When I drew the Ordinance (which passed a few words excepted as I origi- nally formed it), I had no idea the States would agree to the sixth article prohibiting slavery, as only Massachusetts, of the Eastern States, was present, and therefore omitted it in the draft ; but finding the house favorably disposed on this subject, after we had completed the other parts I moved the article, which was agreed to without opposition." Before writing this, however, Dane said that the subject of the government of the Western territory had been discussed by Congress, that new ideas had been started and the whole sent to a committee.

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