On June 7, 1776, Richard Henry Lee introduced a resolution to the Continental Congress “that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.” Lee has been visiting Philadelphia and last night wrote to his brother, Francis Lighthorse Lee, that he “found the Convention at Philadelphia very busy and very secret. It would seem, however, from a variety of circumstances that we shall hear of a government not unlike the British Constitution, that is, an executive with two branches composing a federal legislature and possessing adequate tone.”
Another visitor breezed into Philadelphia and exited just as quickly - Manasseh Cutler, the consummate peripatetic; a virtual whirlwind and, some say, a small-scale version of Benjamin Franklin. Born in Killingly, Connecticut, on his parents’ farm in 1742, he graduated from Yale, taught school in Dedham, Massachusetts, married Mary Balch, and moved to Martha’s Vineyard to open a store. He studied and practiced law before returning to Yale for a Master of Arts degree and then studied for the ministry.
Cutler pastored the Congregational Church at Ipswich, Massachusetts, for nearly a quarter of a century, punctuating his service with acting as a chaplain during the Revolutionary War, studying and then practicing medicine, dabbling in astronomy, and carrying out a widespread program of smallpox vaccination. Neither botany, electrical experiments, nor politics could escape his inquisitive mind.
In March 1786, Cutler joined a group of New England speculators and formed the Ohio Company of Associates which proposes to buy western federal lands with depreciated government securities issued during the War. These are not ordinary speculators; they are veterans who had been promised “bounty lands” in the Northwest Territory as compensation for their past military service. Their intent is to buy 1.7 million acres at $1 an acre. Because the securities were devalued, the price will be much, much lower.
The Company chose Cutler to be their agent to “lobby” Congress for its approval of the plan and assurance that stable governments will be established to protect investors and settlers. In May, Congress and the Board of Treasury intimated they were ready to deal, if members of the government could share in the profits. However, for weeks Congress did not have a quorum, in part because some of its members had left Congress to attend the Convention. As we learned earlier, several members had returned to New York to help establish the quorum. In the meantime, Cutler collaborated with Nathan Dane, the representative to Congress from his area, Rufus King, and others to draft a proposal for establishing government in the west. On July 13, Congress approved the Northwest Ordinance.
Strangely, after his intense negotiations, Cutler was not in New York when the legislation passed. Instead of staying in New York, confident of the outcome, he left for Philadelphia on the 11th, leaving a detailed account of his two-day visit. Tall and portly, Cutler is gregarious and pleasant company, an amiable conversationalist, and incessantly curious.
Upon arrival in Philadelphia, he checked in at the Indian Queen. Being told that a number of Convention delegates were lodged there, including two from Massachusetts, he arranged to meet with them. Aware that Cutler was coming to Philadelphia, Elbridge Gerry facilitated additional introductions and a large company had dinner together. Up early the next morning, Cutler had breakfast at Gerry’s home with Caleb Strong, visited Peale’s gallery and museum, and went to the State House, accompanied by his new friends. He described the State House as “a noble building; the architecture is in a richer and grander style than any public building I have ever seen before.” The tone of his diary is enthusiastic, almost ebullient, clearly designed to record people, places, and events for future enjoyment.
Cutler and his entourage found Benjamin Franklin “in his garden, sitting upon a grass plat under a very large mulberry tree, with several other gentlemen and two or three ladies.” This was clearly the highlight of Cutler’s stay. Visiting until dark, “the doctor showed me a curiosity he had just received…It was a snake with two heads preserved in a large vial.” Franklin, he said, began to use the snake as an illustration about “a humorous matter that had that day taken place in the Convention…but the secrecy of Convention matters was suggested to him, which stopped him, and deprived me of the story he was going to tell.”
Why Cutler chose to come to Philadelphia at this time has never been explicitly noticed by Cutler or anyone else, but surely it was to influence the delegates regarding how the western lands should be treated. Even though Convention deliberations are confidential, conflicting views on the subject are well-known, including those harboring fears of the consequences of treating new States arising in the west as equals.
The Northwest Ordinance is considered to be the third great document of the American founding, providing a path for statehood for territories north of the Ohio River and a step toward resolving competing claims on western lands. It provides for admitting no less than three and no more than five States on an equal footing with existing States, based on specific requirements. Its most vital provisions are worth quoting at length. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed toward the Indians; their lands and property shall never be taken from them without their consent…but laws founded in justice and humanity shall, from time to time, be made for preventing wrongs being done to them and for preserving peace and friendship with them.”
“There shall be neither slavery nor involuntary servitude in the said territory…”