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Rob Aley

Pro Functional PHP Programming

Application Development Strategies for
Performance Optimization, Concurrency,
Testability, and Code Brevity
Rob Aley
Oxford, UK

Any source code or other supplementary material referenced by the

author in this book is available to readers on GitHub via the book's
product page, located at www.apress.com/9781484229576 . For
more detailed information, please visit www.apress.com/source-
code .

ISBN 978-1-4842-2957-6 e-ISBN 978-1-4842-2958-3

https://doi.org/10.1007/978-1-4842-2958-3

Library of Congress Control Number: 2017954985

© Rob Aley 2017

This work is subject to copyright. All rights are reserved by the

Publisher, whether the whole or part of the material is concerned,
specifically the rights of translation, reprinting, reuse of illustrations,
recitation, broadcasting, reproduction on microfilms or in any other
physical way, and transmission or information storage and retrieval,
electronic adaptation, computer software, or by similar or dissimilar
methodology now known or hereafter developed.

Trademarked names, logos, and images may appear in this book.

Rather than use a trademark symbol with every occurrence of a
trademarked name, logo, or image we use the names, logos, and
images only in an editorial fashion and to the benefit of the
trademark owner, with no intention of infringement of the
trademark. The use in this publication of trade names, trademarks,
service marks, and similar terms, even if they are not identified as
such, is not to be taken as an expression of opinion as to whether or
not they are subject to proprietary rights.

While the advice and information in this book are believed to be true
and accurate at the date of publication, neither the authors nor the
editors nor the publisher can accept any legal responsibility for any
errors or omissions that may be made. The publisher makes no
warranty, express or implied, with respect to the material contained
herein.

Printed on acid-free paper

Distributed to the book trade worldwide by Springer

Science+Business Media New York, 233 Spring Street, 6th Floor,
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www.springeronline.com. Apress Media, LLC is a California LLC and
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Acknowledgments
Isaac Newton said, “If I have seen further, it is by standing on the
shoulders of giants.” This book builds on, and I hope adds to, the
work of many others, the most notable of whom I would like to
acknowledge here.
The authors of, and contributors to, the official PHP Manual :
This is an invaluable reference for PHP functions and syntax, to
which I referred frequently during writing this book, both for
fact checking and as an aide-mémoir. Thanks!
The collective PHP and functional programming wisdom of the
Internet : For more than 17 years I’ve used you for learning,
research, play, and profit. There are too many sites and too
many people to list here; if you’ve written about PHP on the
Web, then you may well be one of them. Thanks!
My family : Thanks for allowing me a modicum of time to write
this book and supporting me unconditionally in everything I do.
Usually. If I ask first. And there’s not something more important
going on. And usually with conditions. Thanks!
Contents
Part I: Functional Programming in PHP 7

Chapter 1:​Introduction

Who Is This Book For?​

What Is Functional Programming?​

Functional Programming Is SOLID

What Are the Benefits of Functional Programming?​

Who Uses Functional Programming, and Why?​

Is Functional Programming “All or Nothing”?​

Further Reading

Why Use PHP for Functional Programming?​

Why Not to Use PHP for Functional Programming

PHP Versions

Conclusion

Chapter 2:​Functional Programming:​Key Concepts

Examining State

Mutability and Immutability

Further Reading

What Is a Function?​
 Named Functions

Variable Functions

Language Constructs

Return Values

Lambda/​Anonymous Functions

Higher-Order Functions

Scope

Further Reading

State

Parameters/​Arguments/​Operands, Arity, and Variadic

Functions

Further Reading

Closures

Side Effects

Referential Transparency

Pure Functions

Lists and Collections

Further Reading

Conclusion

Chapter 3:​Getting Started with Functional Patterns

 Map, Filter, and Reduce

Recursive Functions

Basic Recursion

Implementing a Recursive Function

Partial Functions

Functional Expressions

Functional Composition

Conclusion

Chapter 4:​Advanced Functional Techniques

Currying Functions

The Mysterious Monad

What Is a Monad?​

The Maybe Monad

Monad Axioms

Monad Axiom 1

Monad Axiom 2

Monad Axiom 3

Testing the Monad Axioms

Other Useful Monads

The IO Monad
 Learn More About Monads

Further Reading

Recursion with Trampolines

Recursive Lambdas

The PHP Type System

Type Declarations

Further Reading

Summary

Part II: Application Development Strategies

Chapter 5:​Strategies for High-Performance Applications

Understanding and Measuring Performance

Measuring Performance:​Profiling

Manual Profiling

Profiling Tools

Further Reading and Tools

Low-Level Profiling

Further Reading

Memoization

Further Reading

The Downsides of Memoization

 Lazy Evaluation

Further Reading

Generators

Further Reading

The Downsides of Lazy Evaluation

Parallel Programming

Multithreaded Programming

Further Reading

The Standard PHP Library (SPL)

Further Reading

Conclusion

Chapter 6:​Managing Business Logic with Functions

Managing Business Logic

Event-Based Programming

Further Reading

Asynchronous PHP

Further Reading

Chapter 7:​Using Functional Programming in Objected-

Oriented and Procedural Applications

History of PHP Paradigms

 Further Reading

PHP Is Not a Functional Language

Objects and Mutability

Further Reading

Immutable Data with Objects

Object Properties As External State

Inline Impurities

Procedural Programming Considerations

Summary

Chapter 8:​Using Helper Libraries in Your Application

How to Choose a Library

Pick Libraries Apart

Libraries Based on Ramda

Pramda

Phamda

Libraries Based on Underscore

Underscore.​php (1)

Underscore

Underscore.​php (2)

Miscellaneous Libraries
 Saber

Functional PHP

Other Libraries

Chapter 9:​Processing Big Data with Functional PHP

What Is Big Data?​

Introducing Hadoop

About MapReduce

Installing Hadoop

Tools

Creating Hadoop Jobs in PHP

Further Reading

Chapter 10:​Afterword

Where to Now?​

Giving Feedback and Getting Help and Support

Appendix A: Installing PHP and Libraries

Compiling and Installing PHP

Microsoft Windows

macOS/OS X

Linux/Unix

Compiling and Installing (Extra) Core Extensions

Installing Multiple Versions of PHP

Further Reading

Tools

PEAR and PECL

Composer

Symfony2 Bundles

Getting Help

The PHP Manual

Official Mailing Lists

Stack Overflow

Other Books

Newsgroups

PHP Subredit

PHP on GitHub

File and Data Format Libraries for PHP

Office Documents

Compression, Archiving, and Encryption

Graphics

Audio

Multimedia and Video

Programming, Technical, and Data Interchange

Miscellaneous

Appendix B: Command-Line PHP

PHP Without a Web Server

What’s Different About the CLI SAPI?

Further Reading

CLI SAPI Installation

PHP Command-Line Options

Further Reading

Command-Line Arguments for Your Script

Different Ways to Call PHP Scripts

From a File

From a String

From STDIN

As a Self-Executing Script: Unix/Linux

Further Reading

As a Self-Executing Script: Windows

Windows php-win.exe

“Click to Run” Your PHP

Clickable Icons: Linux

Further Reading

Clickable Icons: Windows

Clickable Icons: Ubuntu Unity

Further Reading

Quitting Your Script from Within

Further Reading

Thinking About Security

Further Reading

CLI-Specific Code Frameworks

Further Reading

PHP REPLs

PsySH

Boris

phpa

PHP Interactive

Sublime-worksheet

phpsh

iPHP

Appendix C: Functional Programming Resources

Other Programming Languages

Functional Programming and Other Paradigms

Articles

Online Books

Videos

Online Courses

Functional Programming Design Patterns

PHP Functional Basics

Data Structures

Mutability in PHP

Map, Filter, Reduce and Other Array Functions

Recursion and Trampolines

Partial Functions and Currying

Functional Composition

Monads

Types

Profiling

Memoization

Lazy Evaluation

Relevant PHP Manual Sections

Parallel Programming
Testing

Event-Based Programming

Asynchronous PHP

Big Data/Hadoop

General-Purpose Libraries

Functional Framework

Lisp in PHP

Other Miscellaneous Topics

PHP RFCs: The Future

The Wikipedia Glossary

Index
Contents at a Glance
About the Author

About the Technical Reviewer

Acknowledgments

Part I: Functional Programming in PHP 7

Chapter 1:​Introduction

Chapter 2:​Functional Programming:​Key Concepts

Chapter 3:​Getting Started with Functional Patterns

Chapter 4:​Advanced Functional Techniques

Part II: Application Development Strategies

Chapter 5:​Strategies for High-Performance Applications

Chapter 6:​Managing Business Logic with Functions

Chapter 7:​Using Functional Programming in Objected-Oriented and
Procedural Applications

Chapter 8:​Using Helper Libraries in Your Application

Chapter 9:​Processing Big Data with Functional PHP

Chapter 10:​Afterword

Appendix A: Installing PHP and Libraries

Appendix B: Command-Line PHP

Appendix C: Functional Programming Resources

Index
About the Author and About the
Technical Reviewer
About the Author
Rob Aley
I’ve been programming in PHP since late
2000. Initially it wasn’t by choice because my
preferred languages at the time were Perl
and Delphi (also known as Object Pascal).
Things began to change after I graduated
from the University of Leeds with a degree in
computer science in 1999 and started out in
a career as a freelance web developer. After
only a couple of months I was offered the
opportunity to take over a (relatively
speaking) substantial government web site
contract from a friend who was exiting the
freelance world for the safer and saner world of full-time
employment. The only catch was that several thousand lines of code
had already been written, and they were written in a relatively new
language called PHP. Oh, and the only other catch was that I had
about a week to learn it before taking over the site. So, as was the
way at the time, I popped down to the local Waterstones bookshop.
(For the younger among you that’s where we used to get books. And
we had to go out and get them. Or order online and wait many days
for them to be delivered.) With my paper copies of The Generic
Beginner’s Complete Guide to PHP and MySQL for Dummies
Compendium (I may not have recalled the titles completely
correctly), I settled down with a pint of ale (I’m in Yorkshire at this
point, remember) and set about reading them. A few days later I
was coding like a pro (well, stuff was working), and 17 years later I
haven’t looked back. Over those 17 years PHP has changed vastly
(the source code for the government web site I mentioned was
littered with comments like “# Would have used a foreach here, if
PHP had one…”) and so have I. I like to think that both I and PHP
have only improved and matured over the years.
After a varied career as a freelancer and starting up a couple of,
er, startups (IT related and not) with varying (usually dismal)
success, I spent the past ten years as a programmer at the
University of Oxford. My day job involved performing medium-scale
data acquisition and management, doing statistical analysis, and
providing user interfaces for researchers and the public. The
majority of my development work was done in PHP, either
developing new projects or gluing together other people’s software,
systems, and databases. I’ve recently left the university to
concentrate on writing books like this and providing consulting and
training (in PHP, information governance, and related areas). But I’m
still programming in PHP!
Throughout my career I’ve always used PHP for web
development, but for desktop GUI work I initially used Delphi (and
then Free-Pascal/Lazarus), complemented with Bash shell scripting
for CLI-based tasks. This was mainly because I learned them while
at university. However, as PHP has matured, I’ve increasingly used it
beyond the Web, and now I rarely use anything else for any
programming or scripting task I encounter. Having been immersed in
other languages such as C++, JavaScript, Fortran, and Lisp (and
probably others that my brain has chosen deliberately not to
remember) by necessity during university and in some of my
freelance jobs, I can honestly say that PHP is now my language of
choice, rather than of necessity. At university (in the late 1990s) I
took a couple of classes that involved functional programming, but
at the time I really didn’t “get the point.” It’s only in recent years
that I’ve picked up functional-style programming again, partly
because of the “buzz” that’s developed around it and partly because
as my programming styles have “matured,” I’ve seen the advantages
to functional coding.
When I’m not tied to a computer, I would like to say I have lots
of varied and interesting hobbies. I used to have. I could write a
whole book (which wouldn’t sell well) about where I’ve been and
what I’ve done, and I’d like to think it’s made me a well-rounded
person. But these days I don’t have any. In large part, this is
because of the demands of my three gorgeous young daughters,
Ellie, Izzy, and Indy; my gorgeous wife, Parv; and my even more
gorgeous cat, Mia. And I wouldn’t have it any other way. That’s what
I tell myself, anyway….
—Rob Aley

About the Technical Reviewer

Christopher Pitt
is a developer and writer, working at SilverStripe. He usually works
on application architecture, though sometimes you’ll find him
building compilers or robots. He is also the author of several web
development books and is a contributor on various open source
projects like AdonisJs.
Part I
Functional Programming in PHP 7
© Rob Aley 2017
Rob Aley, Pro Functional PHP Programming, https://doi.org/10.1007/978-1-4842-
2958-3_1

1. Introduction
Rob Aley1
(1) Oxford, UK

Functional programming isn’t something that is often associated with

PHP. Yet for quite a while PHP has had all the features necessary to
create software using the functional paradigm. In this book, you’ll
take a look at what functional programming is, how to do it in PHP,
and the different ways in which you can use it to improve your PHP
software.
Who Is This Book For?
This book isn’t an introduction to PHP itself; it assumes you have
some basic (or, indeed, advanced) experience in PHP scripting. You
don’t need to be an expert to follow along; I’ll cover all the key
concepts in PHP you’ll need to know to be able to implement
functional designs in your code and point you in the direction of
resources such as web sites and other books that you can use to
learn or investigate any related concepts that I don’t cover directly.
Absolute PHP beginners aside, this book is suitable for all
programmers. Whether you have a pressing need to learn functional
programming (perhaps you’ve taken over a functional PHP code
base) or you are just interested in finding out what the “buzz”
around functional programming is all about, there is something in
this book for you. There’s even likely to be something for those
skeptical about creating software using the functional programming
paradigm. I think that most programmers will find useful lessons and
code patterns to take away from the functional programming style
that will enhance their object-oriented or procedural programming
work. If all else fails, knowledge of functional programming looks
good on your résumé!

What Is Functional Programming ?

Functional programming is a declarative programming paradigm
that abstracts code into pure, immutable, side-effect-free
functions, allowing the programmer to compose such functions
together to make programs that are easy to reason about.

That is my definition of functional programming. Ask five other

functional programmers to define functional programming and you’ll
get four more answers (two just copied the same answer from
Wikipedia). There’s no “standard” definition; different people and
different programming languages implement functional programming
elements differently. These differences are partly because of the
practicalities of the language in question and sometimes because of
the target platforms, data, and usage scenarios, but often they come
down to what I call “programming religion”: a fixed, sometimes
irrational, but often deeply held belief of how a particular paradigm
should be. Even within the small community of PHP functional
programmers, you won’t find an exact consensus. In PHP, functional
programming is not a core concept, but even in languages where it
is (e.g., Lisp, Scala, etc.), there are many “related” understandings
of what constitutes true functional programming. While that may
sound problematic, you’ll still “know it when you see it,” and when it
gets woolly around the edges, you can choose to define it in any
way you see fit!
PHP isn’t a pure functional programming language, but you can
still use it for functional programming (which is good; otherwise this
book wouldn’t be very long). A few elements of what some purists
consider to be essential functional programming concepts are harder
to implement with PHP’s standard syntax, so it’s perhaps slightly
more accurate to say that you can program in a functional
programming “style” in PHP.
Let’s now look a little more in depth at what functional
programming actually is in practice. Functional programming is a
“declarative” style of programming, which means you specify what
you want it to do rather than how you want to do it. It’s a higher
level of abstraction than you may be used to with OO or procedural
programming. However, you almost certainly use declarative
programming on a day-to-day basis when using SQL, HTML, regular
expressions, and similar languages. Consider the SQL snippet shown
in Listing 1-1.

SELECT forename,

Surname

FROM users

WHERE username = 'rob'

 AND password = 'password1';

Listing 1-1. declarative.sql

This is telling your database server what you want it to do (select
the real name based on super-secret security credentials), but you
don’t tell it how to do it. You don’t tell it the following:
Where to look on disk for the data
How to parse or search the data for matching records
How to determine whether a record matches your criteria
How to extract the relevant fields from the record
And so on. You simply tell it what you want it to achieve for you.
Now obviously, at some point, you need to tell the computer how
to do something. With the SQL example in Listing 1-1, you do that
by getting some rather clever people to write database management
software (DBMS) for you. In functional programming, you’ll tend to
need to write the implementation code yourself, but to make it a
manageable task, you break that down into the smallest possible
chunks and then use a hierarchical chain of declarative function calls
to tell the computer what to do with that code. If you use the
Composer dependency management system, you will already be
using a similar paradigm: there are many libraries of code available
that abstract away the tasks that you need to do; you simply
“compose” a list of libraries together to do what you want. In
functional programming, you do exactly the same; you take
functions that do something (like the libraries Composer provides)
and compose them together into a program.
Having a program that is essentially a list of what you want to
achieve sounds very good on paper, and indeed it makes it easy to
understand and reason about your program. To make the idea a little
more concrete, let’s take a look at a small functional-style program
(Listing 1-2).

<?php
 require_once('image_functions.php');

require_once('stats_functions.php');

require_once('data_functions.php');

$csv_data = file_get_contents('my_data.csv');

$chart = make_chart_image (

generate_stats
(

data_to
_array (

$csv_data

);

file_put_contents('my_chart.png', $chart);

Listing 1-2. example.php

This is clearly some code that has been abstracted into a set of
functions that set out what it does (draw a chart based on some
stats prepared from some data that is read in). You can also
probably see that the how is hidden away in the required files at the
top, but it is still clear as to what the program does. Should your
requirements change and instead of drawing a chart you want to
print a table, you can simply swap out draw_chart() for
print_table() and it is clear what will happen. This is a (very
loose) example of a functional program.
 That all sounds great. But without even considering the code
hidden away in the required files, your programmer instincts are
probably telling you that chaining random functions together, and
swapping out one for another, is a risky proposition particularly when
you can’t see how they’re implemented. For instance, how do you
know that read_data() will return data in the correct format for
prepare_stats() to work on? And how can you be sure that you
can swap out draw_chart() for prepare_stats() and it will all
still work as you expect? Clearly, functional programming involves a
little more than “chuck it all in a function with a descriptive name,”
and as you go through the book, you’ll look at the various ways to
structure functions so that you can use them as “little black boxes”
of code that can be easily and reliably strung together.
Functional programming revolves around functions, as the name
implies. However, functions in the functional programming sense
aren’t quite the same as functions in the PHP syntax sense, although
you will use PHP’s implementation of functions to implement FP
functions. A functional programming function is often referred to as
a pure function and has several important characteristics that can be
mimicked with, but aren’t enforced by, PHP’s syntax. A pure function
has the following traits:
Is referentially transparent
Is devoid of side effects
Has no external dependencies
I’ll talk more in detail about what these features mean in the
next couple of chapters, but they boil down to a function being a
small self-contained “black box” that takes well-defined inputs,
produces well-defined outputs, and given the same inputs always
produces the same outputs. In particular, the function only acts on
the inputs it is given (it doesn’t take into account any external state
or data and relies only on the parameters it is called with), and the
only effect it has is to return some output (which will be the same
each time you give it the same input); thus, it doesn’t alter the state
of the program or system outside of itself.
Exploring the Variety of Random
Documents with Different Content
battle. White Eyes, though not less noted as a warrior, seemed
actuated by really humane motives to fight only when forbearance
was impossible. He encouraged the establishment of the Moravian
Indian missions and was the firm friend of their founders, though he
never accepted Christianity. His greatest influence was exerted over
the Delawares after the death, in 1776, of Netawatmees, a celebrated
chief, who, during his lifetime, had combatted the reforms which
White Eyes advocated. Buckougahelas was another of the Delaware
chiefs, and was celebrated principally for his action in what is now
the western part of the State. Others were King Newcomer (after
whom the present Newcomerstown was named) and Half King.
There dwelt among the Delawares of the upper Muskingum at one
time a white woman, who had great influence among them, and after
whom a creek was named—Whitewoman’s Creek.
Most of the Delaware towns were at the vicinity of the forks of the
Muskingum, or the confluence of the Tuscarawas and Muskingum,
and that region is rich in the old Indian names. The Delawares had
no village on the lower Muskingum and, so far as is known, none in
what is now Washington County, this region, like most the whole of
the Ohio valley, being devoid of inhabitants and regarded as a
hunting ground.
The Muskingum River derives its name from the Delawares, and
was originally Mooskingom. The literal meaning of this term is Elk’s
Eye, and it was probably so called because of its clearness. The
Tuscarawas undoubtedly took its name from an Indian town which
was situated where Bolivar now is. The name, according to
Heckewelder, meant “old town,” and the village bearing it was the
oldest in the valleys.
The Shawnees were the only Indians of the northwest who had a
tradition of a foreign origin, and for some time after the whites
became acquainted with them they held annual festivals to celebrate
the safe arrival in this country of their remote ancestors. Concerning
the history of the Shawnees there is considerable conflicting
testimony, but it is generally conceded that at an early date they
separated from the other Lenape tribes and established themselves
in the south, roaming from Kentucky to Florida. Afterward the main
body of the tribe is supposed to have pushed northward, encouraged
by their friends, the Miamis, and to have occupied the beautiful and
rich valley of the Scioto until driven from it in 1672 by the Iroquois.
Their nation was shattered and dispersed. A few may have remained
upon the upper Scioto and others taken refuge with the Miamis, but
by far the most considerable portion again journeyed southward and,
according to the leading historians, made a forcible settlement on the
head waters of the Carolina. Driven away from that locality they
found refuge among the Creeks. A fragment of the Shawnees was
taken to Pennsylvania and reduced to a humiliating condition by
their conquerors. They still retained their pride and considerable
innate independence, and about 1740, encouraged by the Wyandots
and the French, carried into effect their long cherished purpose of
returning to the Scioto. Those who had settled among the Creeks
joined them and the nation was again reunited. It is probable that
they first occupied the southern portion of their beloved valley, and
that after a few years had elapsed the Delawares peacefully
surrendered to them a large tract of country further north.[8] It is
conjectured by some students that the branch of the Shawnees who
lived for a term of years in the south were once upon the Suanee
River, and that the well known name was a corruption of the name of
the nation of Tecumseh. This chief, whose fame added lustre to the
annals of the tribe, is said to have been the son of a Creek woman
whom his father took as a wife during the southern migration. The
Shawnees were divided into four tribes[9] the Piqua,[10] Kiskapocke,
Mequachuke, and Chillicothe.
Those who deny to the American Indians any love for the beautiful
and any exercise of imagination might be influenced to concede them
the possession of such faculties, and in a high degree, by the
abundance of their fanciful traditions, of which their account of the
origin of the Piqua is a good example. According to their practical
legend the tribe began in a perfect man who burst into being from
fire and ashes. The Shawnees said to the first whites who mingled
with them, that once upon a time when the wise men and chiefs of
the nation were sitting around the smouldering embers of what had
been the council fire, they were startled by a great puffing of fire and
smoke, and suddenly, from the midst of the ashes and dying coals,
there arose before them a man of splendid form and mien, and that
he was named Piqua, to signify the manner of his coming into the
world—that he was born of fire and ashes. This legend of the origin of
the tribe, beautiful in its simplicity, has been made the subject of
comment by several writers, as showing, in a marked manner, the
romantic susceptibility of the Indian character. The name
Megoachuke signifies a fat man filled—a man made perfect, so that
nothing is wanting. This tribe had the priesthood. The Kiskapocke
tribe inclined to war, and had at least one great war chief—
Tecumseh. Chillicothe is not known to have been interpreted as a
tribal designation. It was from this tribe that the several Indian
villages on the Scioto and Miami were given the names they bore,
and which was perpetuated by application to one of the early white
settlements. The Shawnees have been styled “the Bedouins of the
American wilderness” and “the Spartans of the race.” To the former
title they seem justly entitled by their extensive and almost constant
wanderings, and the latter is not an inappropriate appellation,
considering their well known bravery and the stoicism with which
they bore the consequences of defeat. From the time of their re-
establishment upon the Scioto until after the treaty with Greenville, a
period of from forty to fifty years, they were constantly engaged in
warfare against the whites. They were among the most active allies of
the French, and after the conquest of Canada, continued, in concert
with the Delawares, hostilities which were only terminated by the
marching of Colonel Boquet’s forces into the country of the latter.
They made numerous incursions into Pennsylvania, the Virginia
frontier, harassed the Kentucky stations, and either alone or in
conjunction with the Indians of other tribes, actually attacked or,
threatening to do so, terrorized the first settlers in Ohio from
Marietta to the Miamis. They took an active part against the
Americans in the war for independence and in the Indian war which
followed, and a part of them, under the leadership of Tecumseh,
joined the British in the War of 1812.
The Wyandots or Hurons had their principal seat opposite Detroit
and smaller settlements (the only ones within the limits of Ohio,
probably, except the village on Whitewoman Creek) on the Maumee
and Sandusky. They claimed greater antiquity than any of the other
tribes, and their assumption was even allowed by the Delawares.
Their right to the country between the Ohio and Lake Erie, from the
Allegheny to the Great Miami, derived from ancient sovereignty or
from the incorporation of the three extinct tribes (the Eries, Andastes
and Neutrals) was never disputed, save by the Six Nations. The
Jesuit missionaries, who were among them as early as 1639, and who
had ample advantages for obtaining accurate information concerning
the tribe, placed their number at ten thousand. They were both more
civilized and more warlike than the other tribes of the northwest.
Their population being, comparatively speaking, large and at the
same time concentrated, they naturally gave more attention than did
other tribes to agriculture. Extensive fields of maize adjoined their
villages. The Wyandots on the score of bravery have been given a
higher rank than any of the other Ohio tribes.[11] With them flight
from an enemy in battle, whatever might be the odds of strength or
advantage of ground, was a disgrace. They fought to the death and
would not be taken prisoners. Of thirteen chiefs of the tribe engaged
in the battle of Fallen Timbers, Wayne’s victory, only one was taken
alive, and he badly wounded.
The Ottawas existed in the territory constituting Ohio only in small
numbers, and have no particular claims for attention. They seem to
have been inferior in almost all respects to the Delawares, Wyandots
and Shawnees, though as the tribe to which the great Pontiac
belonged they have been rendered quite conspicuous in history.
The Miami Indians were, so far as actual knowledge extends, the
original denizens of the valleys bearing their name, and claimed that
they were created in it. The name in the Ottawa tongue signifies
mother. The ancient name of the Miamis was Twigtwees. The
Mingoes or Cayugas, a fragment of the Iroquois, had only a few small
villages, one at Mingo Bottom, three miles below Steubenville, and
others upon the Scioto. Logan came into Ohio in 1772 and dwelt for a
time at the latter town, but two years later was on the Scioto.
Alfred Mathews.
 ARTHUR ST. CLAIR AND THE ORDINANCE
OF 1787.

St. Clair is an honored name in history. First in Normandy, and

after the eleventh century for many generations in Scotland, its
possessors were men of wealth and a high order of intelligence, and
were among the most prominent characters of the realm. They
remained loyal to the crown through its varying fortunes, and when
Scotland passed under the dominion of England, continued their
allegiance to royalty. They showed a rare genius for military life. This
bent of mind was characteristic of the St. Clair whose career in part is
here briefly outlined.
Arthur St. Clair, whose father was a younger son and possessed
neither lands nor title, was born in the year 1734, in the town of
Thurso in Caithness, Scotland. Thurso is a place of some 3,500
inhabitants, a quiet village lying to the north of Glasgow and
Edinburgh, and close to the Atlantic seaboard. Its chief claim to fame
no doubt rests upon having been the birthplace of one who became
so prominent in American affairs, gave such valuable aid in securing
American independence, and had so large a share in the formation
and administration of the government of a considerable portion of
the American people. To his father he owed little, to his mother
much. Educated at the University of Edinburgh, his parents intended
him for a professional career. At an early age he began the study of
medicine, which, upon the death of his mother in 1757, he
abandoned, and through influential friends obtained a commission
as ensign in the second battalion of the Sixtieth Regiment of Foot,
known as the Royal American Regiment. It consisted of four
battalions of 1,000 men each. In 1758 Major-general Amherst was
made colonel of this regiment, and commander-in chief of all the
forces in America, and on the 28th day of May of the same year,
arrived in Canada with his army. Thus came to the western world in
the twenty-fourth year of his age, Arthur St. Clair, with the laudable
ambition of making, if possible, a fortune, but certainly a good and
honored name. His first lessons in the art of war were taken under
the tuition of such veterans as Lawrence, Murray and Wolfe, the
story of whose heroic deeds for English supremacy in Canada is
familiar to every reader. In every position in which he was placed
young St. Clair acquitted himself with rare bravery. He soon received
a lieutenant’s commission, serving with distinction in the battle at
the mouth of the Montmorency, and in the siege of Quebec, where
Gen. Wolfe lost his life, but where the French, on the 8th day of
September 1759, surrendered, and Canada became an English
province, though articles of capitulation were not executed until
nearly a year later.
From Canada St. Clair went to Boston, where he made the
acquaintance of Miss Phœbe Bayard, daughter of one of the first
families of that city, whose mother was a half sister of Governor
James Bowdoin. For Miss Bayard young St. Clair formed a strong
attachment, and they were married, probably in the year 1761. In the
Ligonier Valley, western Pennsylvania, St. Clair, for services in
Canada, received a grant of one thousand acres of land, and thither,
in the year 1764 or 1765, he removed. He set actively to work to
improve his property. He built a handsome residence, and the first
grist mill in western Pennsylvania. Many Scotch families sought a
residence in this beautiful and fertile valley. He was the leading spirit
in this western colony, and in 1770 was appointed surveyor, a justice
of the court of quarter sessions and common pleas, and a member of
the Governor’s council for the district of Cumberland, or
Cumberland County. When Bedford County was formed in 1771, and
Westmoreland in 1773, he was appointed to fill like offices of trust for
these counties respectively. Here he led a busy life for two years,
when upon the outbreak of hostilities with England he unsheathed
his sword and proffered his services in defence of the country of his
adoption.
It is not within the scope of this sketch, which is more immediately
concerned with the relation he bore to the Ordinance of 1787, and
that part of his history which records the acts of his administration
as the first governor of the Northwest Territory, to follow the
fortunes of Gen. St. Clair through the war for independence. Suffice
it to say that quitting private life when its comforts were greatest and
his financial affairs the most prosperous, he rendered to his country
valuable service in Canada in the summer of 1776, at the battles of
Trenton and Princeton in the winter of 1776–7, rose to the rank of
Major-general in the northern department in 1777, and afterwards,
as a member of Washington’s military family, won the confidence
and friendship of his chief to such a degree that they were never
withdrawn even when he was overtaken by reverses; and that he
returned to civil life at the close of the struggle to find that to his
country he had sacrificed not only eight years of the very prime of his
life, but likewise his fortune and the emoluments of his lucrative
offices. His first office after the war was that of member of the board
of censors, whose duties were to see that the laws were efficiently
and honestly executed. St. Clair became a member of Congress in
1786, and in 1787 its President. This was the year in which the
ordinance for the government of the Northwest Territory was
adopted. It is a remarkable coincidence that this gentleman should
have presided over the body that enacted this grand Charter of
Freedom, and afterwards should have been the first executive officer,
as governor of the Northwest Territory, to administer and enforce its
laws. General St. Clair’s connection with this great and beneficent
ordinance is of very great interest, intensified, however, by the fact
that Mr. William Frederick Poole, in an able and well written
contribution to the North American Review in 1876, on the
authorship of the Ordinance, did him a great injustice by imputing to
him improper motives wholly foreign to his character. For a full
understanding of the charge and its complete refutation a brief
history of the Ordinance will be necessary.
In 1784 Thomas Jefferson had prepared and reported a
comprehensive measure for the government of the Northwest
Territory, from which ten States were to be formed. It contained
among other provisions the following stipulation: “That, after the
year 1800 of the Christian era, there shall be neither slavery nor
involuntary servitude in any of the said (ten) States, otherwise than
in the punishment of crimes, whereof the party shall have been duly
convicted to have been personally guilty.” This provision was
stricken out, and the ordinance was passed, but owing to the fact that
the lands had not been surveyed nor Indian titles perfected, it
became inoperative and remained a dead letter. In 1786, a memorial
having been received from the inhabitants of Kaskaskia, praying for
the organization of a territorial government, a committee consisting
of Mr. Johnson of Connecticut, Mr. Pinckney of South Carolina; Mr.
Smith of New York, Mr. Dane of Massachusetts, and Mr. Henry of
Maryland, was appointed to draft a suitable measure, and April 26,
1787, reported a code of laws for the temporary government of the
Territory, which reached a third reading on the 10th of May, but was
not brought to a final vote. At this juncture there appeared at the
door of Congress a gentleman to whom more than to any other the
people of the northwestern States are indebted for the prompt action
by Congress which gave them this great bill of rights, aptly called the
Ordinance of Freedom.
This gentleman was the Rev. Manasseh Cutler of Ipswich,
Massachusetts. He came before Congress as the agent of the Ohio
Land Company. He wished to purchase for that company a million
and a half—and finally did purchase nearly five million—acres of land
in the Northwest Territory. He was well fitted for the business he had
undertaken. He was a ripe scholar, a graduate of Yale College, a
distinguished scientist, an able divine, an eloquent speaker, and
more than all, a wily diplomatist, possessed of a fine and
commanding presence and courtly manners. He came to Congress
armed with letters of introduction to Gen. St. Clair, the President of
that body, General Knox, Richard Henry Lee, Melancthon Smith,
Colonel Carrington and others.
Dr. Cutler greatly desired to make the purchase for his company,
but stipulated, as a necessary condition of purchase, for the passage
of a suitable charter of laws for the government of the Territory. The
Ohio Company was composed chiefly of Massachusetts men,
accustomed to good laws wisely administered, and would not invite
their neighbors and friends to immigrate to the far west to settle in a
country for which no good system of government had been provided.
Hence this was the first matter to be looked into. Dr. Cutler arrived
in New York on the 5th day of July, Thursday. On Friday, the 6th, he
presented his letters of introduction to President St. Clair and a
number of members of Congress. The 7th he passed in extending his
acquaintance and explaining his business. The 8th was Sunday. On
the 9th he secured the appointment by President St. Clair of a
committee who favored such a system of laws for the Northwest
Territory as Dr. Cutler wished to see adopted. This committee
consisted of Colonel Carrington, a personal friend, as chairman, and
Richard Henry Lee of Virginia, Mr. Dane of Massachusetts, Mr. Kean
of South Carolina, and Mr. Smith of New York. These gentlemen
prepared an ordinance, the famous Ordinance of 1787, submitted it
to Dr. Cutler for his opinion or Amendment, introduced it to
Congress, had it read, amended, and on the 13th day of July
procured its passage. This was quick work, and the way was now
clear for the main business which Dr. Cutler had in hand—the
negotiation of the purchase of lands for the Ohio Company. A
committee on lands was appointed for the purpose of negotiating
with the Ohio Land Company’s agent for the sale of the lands, having
the same chairman, Dr. Cutler’s friend, Colonel Carrington, with
Rufus King, James Madison, Mr. Dane and Mr. Benson as the other
members.
The Ordinance having become a law on the 13th day of July, the
negotiation for the Ohio Company’s purchase was concluded on the
27th of the same month, and terms agreed upon. On the 5th day of
October, 1787, officers for the government of the new territory were
elected by Congress as follows: Arthur St. Clair, Governor; James M.
Varnum, Samuel Holden Parsons and John Armstrong, Judges, and
Winthrop Sargent, Secretary. Mr. Armstrong declining, the vacancy
was filled by the appointment of John Cleves Symmes. The charge
against General St. Clair, made by Mr. Poole, is that Dr. Cutler, when
he arrived in New York and called on the President of Congress to
obtain the appointment of a committee to draft and report a system
of laws for the Northwest Territory that should be friendly to his
terms of purchase, met with a cool reception, and, to quote from Mr.
Poole, “he found that General St. Clair wanted to be Governor of the
Northwest Territory; and Dr. Cutler, representing the interests of
the Ohio Company, intended that General Parsons, of Connecticut,
should have the office. But he must have General St. Clair’s
influence, and found it necessary to pay the price. From the moment
he communicated this decision, General St. Clair was warmly
engaged in his interests.”
This is an extremely unjust imputation upon a gentleman who in
all the affairs of life showed himself to be the very soul of honor. That
it is false in every particular, a bare recital of the above facts, coupled
with the additional fact that Dr. Cutler in the daily journal he kept
makes no reference to General St. Clair in connection with the
governorship until the evening of the 23rd, ten days after the passage
of the ordinance, is clear and sufficient proof. The extract from the
journal containing this reference is as follows:

July 23rd. * * * * Spent the evening with Colonel Grayson and members of
Congress from the southward, who were in favor of a contract. Having found it
impossible to support General Parsons as a candidate for Governor, after the
interest that General St. Clair had secured, and suspecting that this might be some
impediment in the way (for my endeavors to make interest for him [Parsons] were
well known), and the arrangements for civil officers being on the carpet, I
embraced the opportunity frankly to declare that for my own part—and ventured to
engage for Mr. Sargent—if General Parsons could have the appointment of first
judge, and Sargent secretary, we would be satisfied; and I heartily wished that his
excellency, General St. Clair, might be governor, and that I would solicit the
eastern members to favor such an arrangement. This I found rather pleasing to the
southern members, and they were so complacent as to ask repeatedly what officer
would be agreeable to me in the western country.

That General St. Clair should have received the Ohio Company’s
agent coolly on the 6th day of July, and on the 9th of the same month
appointed as chairman of the committee to treat with Dr. Cutler the
very man the latter wished appointed, Col. Carrington, a personal
friend; that General St. Clair wanted the governorship, and remained
hostile to Dr. Cutler’s plans, until Dr. Cutler gave up Parsons and
came to his support on the 23rd day of July, is on the face of it so
improbable that, without any direct evidence to the contrary, no fair
minded person at all familiar with St. Clair’s character could give it
credence. However, we have the very best proof of the untruthfulness
of Mr. Poole’s statement in General St. Clair’s own words. [12]In a
letter to the Hon. William Giles, written some time after his election
as governor, he says the office was forced upon him by his friends;
that he did not desire it and would not have accepted it but for “the
laudable ambition of becoming the father of a country, and laying the
foundation for the happiness of millions then unborn.”
All this shows conclusively that General St. Clair was friendly to
the land negotiation from the start; that he clearly saw the
advantages to the government of the sale of so large a body of
western lands; that he received Dr. Cutler cordially, and warmly
espoused his cause from the first; that he had no thought of the
governorship until pressed by his friends for the office; that Dr.
Cutler discovering the drift of sentiment in his favor concluded it
would be futile to longer endeavor to obtain interest for General
Parsons, the man of his choice. St. Clair, before Dr. Cutler announced
himself in his favor for the governorship, appointed a committee
favorable to the land negotiation to draft the ordinance for the
government of the Territory; and in fact there is good reason for
believing that some of the grand principles of that great charter owe
their incorporation in that instrument to his wisdom and foresight.
Everything convinces that General St. Clair’s relation to Dr. Cutler, to
the land negotiation and to the governorship, was in all respects
creditable to the dignity of his office and to his personal honor.
The Ordinance of 1787 was the product of the highest
statesmanship. It ranks among the grandest bill of rights ever drafted
for the government of any people. It secured for the inhabitants of
the great States formed from the Northwest Territory religious
freedom, the inviolability of private contracts; the benefit of the writ
of habeas corpus and trial by jury; the operation of the common law
in judicial proceedings; urged the maintenance of schools and the
means of education; declared that religion, morality and knowledge
were essential to good government; exacted a pledge of good faith
toward the Indians; and proscribed slavery within the limits of the
Territory. It provided for the opening, development and government
of the Territory, and formed the basis of subsequent State legislation.
Chief Justice Chase says of it: “When they (the people) came into the
wilderness, they found the law already there. It was impressed on the
soil while as yet it bore up nothing but the forest. * * * Never
probably in the history of the world did a measure of legislation so
accurately fulfill, and yet so mightily exceed, the anticipation of the
legislators. * * * The Ordinance has well been described as having
been a pillar of cloud by day and of fire by night in the settlement of
the Northwest States.” Judge Timothy Walker, in 1837 in an address
delivered at Cincinnati, says: “Upon the surpassing excellence of this
Ordinance no language of panegyric would be extravagant. The
Romans would have imagined some divine Egeria for its author. It
approaches as nearly absolute perfection as anything to be found in
the legislation of mankind. * * * It is one of those matchless
specimens of sagacious foresight which even the reckless spirit of
innovation would not venture to assail.” Daniel Webster, in his
famous reply to Hayne, bore this testimony to the excellence of this
measure: “We are accustomed to praise the lawgivers of antiquity;
we help to perpetuate the fame of Solon and Lycurgus; but I doubt
whether one single law of any lawgiver, ancient or modern, has
produced effects of more distinct, marked and lasting character than
the Ordinance of 1787. We see its consequences at this moment, and
we shall never cease to see them, perhaps, while the Ohio shall flow.”
The people of Ohio, of the farther west, and of the whole country
cannot become too familiar with a measure which has received so
great praise from such high sources. We publish the Ordinance in
full.
 An ordinance for the government of the
territory of the United States northwest of
the river Ohio:

Be it ordained by the United States in Congress assembled, That the said

Territory for the purpose of temporary government be one district, subject,
however, to be divided into two districts, as future circumstances may, in the
opinion of Congress, make it expedient.
Be it ordained by the authority aforesaid, That the estates both of resident and
non-resident proprietors in said Territory dying intestate, shall descend to and be
distributed among the children, and the descendants of a deceased child in equal
parts—the descendants of a deceased child, or grandchild, to take the share of the
deceased parent in equal parts among them; and where there shall be no children
or descendants, then in equal parts to the next of kin in equal degree; and among
collaterals, the children of a deceased brother or sister of the intestate shall have,
in equal parts among them, the deceased parent’s share, and there shall in no case
be a distinction between kindred of the whole and half blood, saving in all cases to
the widow of the intestate her third part of the real estate for life, and [where there
shall be no children of the intestate] one third part of the personal estate; and this
law relative to descents and dower shall remain in full force until altered by the
legislature of the district. And until the governor and judges shall adopt laws, as
hereinafter mentioned, estates in the said Territory may be divided or bequeathed
by wills, in writing, signed and sealed by him or her, in whom the estate may be
[being of full age] and attested by three witnesses; and real estate may be conveyed
by lease or release, or bargain and sale, signed, sealed and delivered by the person,
being of full age, in whom the estate may be, and attested by two witnesses,
provided such wills lie duly proved, and such conveyance be acknowledged, or the
execution thereof duly proved, and be recorded within one year after proper
magistrates, court and registers shall be appointed for that purpose; and personal
property may be transferred by delivery, saving, however, to the French and
Canadian inhabitants and other settlers of the Kaskaskies, St. Vincent’s and the
neighboring villages, who have heretofore professed themselves citizens of
Virginia, their laws and customs now in force among them, relative to the descent
and conveyance of property.
Be it ordained by the authority aforesaid, That there shall be appointed, from
time to time, by Congress, a governor, whose commission shall continue in force
for the term of three years, unless sooner revoked by Congress. He shall reside in
the district and have a freehold estate therein in one thousand acres of land while
in the exercise of his office. There shall be appointed, from time to time, by
Congress, a secretary, whose commission shall continue in force for four years,
unless sooner revoked; he shall reside in the district and have a freehold estate
therein in five hundred acres of land while in the exercise of his office; it shall be
his duty to keep and preserve the acts and laws passed by the legislature, and the
public records of the district, and the proceedings of the governor in his executive
department; and transmit authentic copies of such acts and proceedings every six
months to the secretary of Congress. There shall also be appointed a court to
consist of three judges, any two of whom to form a court, who shall have a common
law jurisdiction, and reside in the district, and have each therein a freehold estate
in five hundred acres of land while in the exercise of their offices; and their
commissions shall continue in force during good behavior.
The governor and judges, or a majority of them, shall adopt and publish in the
district such laws of the original States, criminal and civil, as may be necessary and
best suited to the circumstances, and report them to Congress, from time to time;
which laws shall be in force in the district until the organization of the general
assembly therein, unless disapproved by Congress; but afterwards the legislature
shall have authority to alter them as they shall think fit.
The governor, for the time being, shall be commander-in-chief of the militia,
appoint and commission all officers in the same below the rank of general officers;
all general officers shall be appointed and commissioned by Congress.
Previous to the organization of the general assembly, the governor shall appoint
such magistrates and other civil officers, in each county or township, as he shall
find necessary for the preservation of the peace and good order in the same. After
the general assembly shall be organized, the power and duties of magistrates and
other civil officers shall be regulated and defined by the said assembly; but all
magistrates and other civil officers not herein otherwise directed, shall, during the
continuance of this temporary government, be appointed by the governor.
For the prevention of crimes and injuries the laws to be adopted or made shall
have force in all parts of the district, and for the execution of process, criminal and
civil, the governor shall make proper divisions thereof; and he shall proceed, from
time to time, as circumstances may require, to lay out the parts of the district, in
which the Indian titles shall have been extinguished, into counties and townships,
subject, however, to such alterations as may thereafter be made by the legislature.
So soon as there shall be five thousand free male inhabitants of full age in the
district, upon giving proof thereof to the governor, they shall receive authority,
with time and place, to elect representatives from their counties or townships to
represent them in the general assembly; provided that for every five hundred free
male inhabitants, there shall be one representative, and so on, progressively, with
the number of free male inhabitants shall the right of representation increase until
the number of representatives shall amount to twenty-five; after which the number
and proportion of the representatives shall be regulated by the legislature;
provided that no person be eligible or qualified to act as a representative unless he
shall have been a citizen of one of the United States three years, and be a resident
in the district, or unless he shall have resided in the district three years; and in
either case, shall likewise hold in his own right, in fee simple, two hundred acres of
land within the same; provided also that a freehold in fifty acres of land in the
district, having been a citizen of one of the States and being resident in the district,
or the like freehold and two years’ residence in the district, shall be necessary to
qualify a man as an elector of a representative.
The representatives thus elected shall serve for the term of two years; and in case
of the death of a representative, or removal from office, the governor shall issue a
writ to the county or township for which he was a member to elect another in his
stead, to serve for the residue of the term.
The general assembly or legislature shall consist of the governor, legislative
council, and a house of representatives. The legislative council shall consist of five
members to continue in office five years, unless sooner removed by Congress, any
three of whom may be a quorum; and the members of the council shall be
nominated and appointed in the following manner, to wit: As soon as
representatives shall be elected, the governor shall appoint a time and place for
them to meet together, and when met they shall nominate ten persons, residents in
the district, and each possessed of a freehold in five hundred acres of land, and
return their names to Congress, five of whom Congress shall appoint and
commission to serve as aforesaid; and whenever a vacancy shall happen in the
council by death or removal from office, the house of representatives shall
nominate two persons, qualified as aforesaid, for each vacancy, and return their
names to Congress, one of whom Congress shall appoint and commission for the
residue of the term. And every five years, four months at least before the expiration
of the time of service of the members of the council, the said house shall nominate
ten persons, qualified as aforesaid, and return their names to Congress, five of
whom Congress shall appoint and commission to serve as members of the council
five years, unless sooner removed. And the governor, legislative council, and house
of representatives shall have authority to make laws, in all cases, for the good
government of the district, not repugnant to the principles and articles in this
ordinance established and declared. And all bills having passed by a majority in the
house and by a majority in the council, shall be referred to the governor for his
assent; but no bill or legislative act whatever, shall be of any force without his
assent. The governor shall have power to convene, prorogue and dissolve the
general assembly when, in his opinion, it shall be expedient.
The governor, judges, legislative council, secretary, and such other officers as
Congress shall appoint in the district shall take an oath or affirmation of fidelity,
and of office; the governor before the President of Congress, and all other officers
before the governor. As soon as legislature shall be formed in the district, the
council and house assembled in one room, shall have authority, by joint ballot, to
elect a delegate to Congress, who shall have a seat in Congress, with a right of
debating, but not of voting, during this temporary government.
And for extending the fundamental principles of civil and religious liberty, which
form the basis whereon these republics, their laws, and constitutions, are erected;
to fix and establish those principles as the basis of all laws, constitutions, and
governments, which forever hereafter shall be formed in said Territory; to provide,
also, for the establishment of States, and permanent government therein, and for
their admission to a share in the Federal councils on an equal footing with the
original States, at as early periods as may be consistent with general interest.
It is hereby ordained and declared by the authority aforesaid, That the
following articles shall be considered as articles of compact between the original
States and the people and States in the said Territory, and forever remain
unalterable unless by common consent, to wit:
“Article 1. No person demeaning himself in a peaceable and orderly manner
shall ever be molested on account of his mode of worship or religious sentiments in
the said Territory.
“Article 2. The inhabitants of said Territory shall always be entitled to the
benefits of the writ of habeas corpus and of trial by jury; of a proportionate
representation of the people in the legislature, and of judicial proceedings
according to the course of the common law. All persons shall be bailable except for
capital offences, where the proof shall be evident or the presumption great. All
fines shall be moderate, and no unusual or cruel punishment shall be inflicted. No
man shall be deprived of his liberty or property but by the judgment of his peers, or
the law of the land; and should the public exigencies make it necessary, for the
common preservation, to take away any person’s property, or to demand his
particular service, full compensation shall be made for the same; and in the just
preservation of rights and property it is understood and declared that no law ought
ever be made, or have force in the said Territory, that shall in any manner
whatever interfere with or effect private contracts or engagements, bona fide, and
without fraud, previously formed.
“Article 3. 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 lie observed
towards the Indians; their lands and property shall never be taken from them
without their consent; and in their property, rights and liberty they shall never be
invaded or disturbed, unless in just and lawful wars, authorized by Congress; but
laws founded in justice and humanity, shall, from time to time, be made for
preventing wrong being done to them, and for preserving peace and friendship
with them.
“Article 4. The said Territory, and the States which may be formed therein,
shall forever remain a part of this confederacy of the United States of America,
subject to the articles of confederation, and to such alterations therein as shall be
constitutionally made, and to all the acts and ordinances of the United States in
Congress assembled, conformable thereto. The inhabitants and settlers in said
Territory shall be subject to pay a part of the Federal debts, contracted or to be
contracted, and a proportional part of the expenses of government, to be
apportioned on them by Congress, according to the same common rule and
measure by which the apportionments thereof shall be made on the other States;
and the taxes for paying their proportion shall be laid and levied by the authority
and direction of the legislatures of the district or districts, or new States, as in the
original States, within the time agreed upon by the United States in Congress
assembled. The legislatures of those districts or new States shall never interfere
with the primary disposal of the soil by the United States in Congress assembled,
nor with any regulation Congress may find necessary for securing the title to such
soil to bona fide purchasers. No tax shall be imposed on lands, the property of the
United States; and in no case shall non-resident proprietors be taxed higher than
residents. The navigable waters leading into the Mississippi and St. Lawrence, and
the carrying places between the same, shall be common highways, and forever free,
as well to the inhabitants of the said Territory as to the citizens of the United
States, and those of any other States that may be admitted into the confederacy,
without any tax, import or duty therefor.
Article 5. There shall be formed in the said Territory not less than three nor
more than five States; and the boundaries of the Stales as soon as Virginia shall
alter her act of cession and consent to the same, shall become fixed and established
as follows, to wit: The western State in the said Territory shall be bounded by the
Mississippi, the Ohio and Wabash Rivers; a direct line drawn from the Wabash and
Port Vincent’s due north to the territorial line between the United States and
Canada; and by the said territorial line to the Lake of the Woods and Mississippi.
The middle State shall be bounded by the said direct line, the Wabash from Port
Vincent’s to the Ohio, by the Ohio, by a direct line drawn due north from the
mouth of the Great Miami to the said territorial line, and by the said territorial
line. The eastern State shall be bounded by the last mentioned direct line, the Ohio,
Pennsylvania, and the said territorial line; provided, however, and it is further
understood and declared, that the boundaries of these three States shall be subject
so far to be altered that, if Congress should hereafter find it expedient, they shall
have authority to form one or two States in that part of the Territory which lies
north of an east and west line, drawn through the southerly bend or extreme of
lake Michigan. And whenever any of the said States shall have sixty thousand free
inhabitants therein, such State shall be admitted by its delegates into the Congress
of the United States, on an equal footing with the original States, in all respects
whatever, and shall be at liberty to form a permanent constitution and State
government; provided the constitution and government so to be formed shall be
republican, and in conformity to the principles contained in these articles; and so
far as it can be consistent with the general interest of the confederacy, such
admission shall be allowed at an earlier period and when there may be a less
number of free inhabitants in the State than sixty thousand.
“Article 6. There shall be neither slavery nor involuntary servitude in the said
Territory otherwise than in the punishment of crimes, whereof the party shall have
been duly convicted; provided, always, that any person escaping into the same
from whom labor or service is lawfully claimed in any one of the original States,
such fugitive may be lawfully reclaimed, and conveyed to the person claiming his
or her labor or services as aforesaid.”
 The authorship of this grand charter of rights, vouchsafed to a
people who to-day number many millions and are living happily
under its benign influence, bears the marks of wisdom the most
profound, of statesmanship of the highest order, of foresight akin to
inspiration. The question then very naturally arises for eager
solution, “Who was the author?” or if more than one, “Who were the
authors?” The question has never been, probably never will be, fully
and definitely answered to the satisfaction of every inquirer. The
claims of Thomas Jefferson, of Nathan Dane, of Dr. Manasseh Cutler
have in turn been ably supported by various writers. The truth no
doubt is that all these gentlemen, together with Colonel Carrington
and Richard Henry Lee of Virginia, and Arthur St. Clair, the
President of Congress, were concerned in its preparation. More
importance is attached to the authorship of Articles III and VI,
especially of the latter, than to any other portion of the instrument.
Religious liberty, the provision for the spread of education, the
manner in which the Indians should be treated, and the inhibition of
slavery, are its distinguishing features. To whom are we chiefly
indebted for their place in the Ordinance?
Jefferson has a strong claim upon our gratitude, for it was he who
drafted the anti-slavery clause in the inoperative ordinance of 1784,
from which the anti-slavery clause (Article VI) of the Ordinance of
1787, no doubt, was copied. The similarity in the phraseology of the
two clauses is too striking to admit of a doubt of this, as any one who
will carefully read and compare the two will readily perceive. To
Jefferson, then, we owe much, but it must be remembered that he
was not a member of the last Congress of the old confederation, but
was at that time our minister to France. Nathan Dane was the
committee’s secretary, and no doubt the original draft is in his
handwriting. He had prepared and reported an ordinance in May
previous which was not passed, and which contained none of the
grand principles that characterized the ordinance under question. If
he were the author of any part of the latter, it was an unessential
part, as he afterwards, in a letter to Mr. Rufus King published in
Spencer’s History of the United States, clearly shows that he had no
adequate conception of the grand features of the Ordinance.
Moreover he declined to offer the anti-slavery clause as a part of the
Ordinance at its first reading because he believed it could not pass,
and only presented it the day before the final adoption of the
Ordinance, after having learned the feeling of Congress toward the
slavery question.
It is undoubtedly true that to no one man are the people who have
enjoyed and to-day enjoy the benefits of the Ordinance, so much
indebted as to Dr. Manasseh Cutler. It was he who directed the battle
in its favor; it was he who secured the appointment of his friends,
Carrington and Lee, on the committee; who urged the necessity of
the adoption of the Ordinance before the land purchase could be
made; who insisted, as representative of the company which was
most immediately concerned in the nature of the laws that should
form the government of the Territory, upon the anti-slavery clause,
and, to win the southern members to its support, favored the
addition of the proviso for the rendition of fugitive slaves; and
without doubt it was he who urged the insertion of what relates to
religion, morality and education. At this time anti-slavery sentiment
in Virginia was popular with the leading men of that State, and with
the protection to the property rights in the slave which the proviso
afforded, the Virginia members of the committee were readily won to
the support of the anti-slavery clause. What, therefore, Dr. Cutler
accomplished in behalf of the Ordinance was of the greatest
importance. He obtained the appointment of a new committee
favorable to such a measure as he was solicitous to have adopted;
urged the insertion of many of the grand principles it contained; won
such friendly interest for it from opposing elements as to insure for it
certain victory, and was instrumental in securing its passage.
Judge Ephraim Cutler, in 1849, received a letter from his brother,
Temple Cutler, in which he says: “Hon. Daniel Webster is now
convinced that the man who suggested some of its articles was our
father,” and in the same year Judge Cutler wrote as follows:

I visited my father at Washington during the last session he attended Congress

(1804).... We were in conversation relative to the political concerns of Ohio, the
ruling parties, and the effects of the constitution (of Ohio) in the promotion of the
general interest; when he observed that he was informed that I had prepared that
portion of the Ohio constitution which contained the ‘part of the ordinance of July,
1787, which prohibited slavery. He wished to know if it was a fact. On my assuring
that it was, he observed that he thought it a singular coincidence, as he himself had
prepared that part of the ordinance while he was in New York negotiating the
purchase of the lands for the Ohio Company. I had not seen the journal he kept
while he was in New York at that time....[13]

Arthur St. Clair’s connection with the Ordinance must have been,
from the nature of the position he occupied as well as from the
character of the man, of very considerable importance. There is good
reason for believing him to be the author of the clause relating to the
treatment of the Indians. No other member of the House had a better
acquaintance with the Indian character, or better appreciated what
was by right due to the red man, and it is therefore more than likely
that the preparation of this clause was entrusted to him, though
there exists no positive proof of the fact.
General St. Clair’s history as Governor of the Northwest Territory
will be reserved for future publication in this Magazine.
William W. Williams.
 GEO. WASHINGTON’S FIRST EXPERIENCE
AS SURVEYOR.

Washington’s early education was in the direction to fit him in an

especial manner for the practical work of the surveyor. After having
exhausted the possibilities of the elementary school, which he had
before attended, he was taken into the family of his brother
Lawrence, that he might have the benefit of a better one than existed
in that neighborhood. It seems to have been intended that he should
attain a thorough and practical business education—such as should
fit him for all the duties of an extensive colonial land owner and
planter. Perhaps the possibility of his becoming a magistrate or
burgess was also present, as the place that awaited him in the society
of Virginia was such as to warrant so modest an ambition. There are
now in existence several of his school books, into one of which are
copied, with infinite pains, forms for contracts, land conveyances,
leases, mortgages, etc. In another are preserved the field-notes and
calculations of surveys, which he made as a matter of practice—kept
and proved with the same exactness that would have been expected
had the result been intended to form the basis of practical
transactions. Not the least advantage of Washington’s sojourn with
his brother, was the fact that it introduced him, at once, into the
highest and, at the same time, the best society of the colony.
Lawrence had become one of the most honored and prominent men
in Virginia. His wealth, his social position and that of the Fairfax
family, his sterling character and unquestioned ability, had united to
advance him, and he was a member of the House of Burgesses, as
well as adjutant-general of his district, with the rank and pay of a
major.
But a few miles below Mount Vernon, as Lawrence Washington
had called his estate, and upon the same wooded ridge that bordered
the Potomac, was Belvoir the seat of the Fairfax family. Occupying
the ample and elegant appointed house, was the Hon. William
Fairfax, father-in-law of Lawrence Washington—a gentleman who
had attained social, political and military prominence in England,
and in the East and West Indies. He had come to Virginia to take
charge of the enormous estate of his cousin, Lord Fairfax, which,
according to the original grant from the crown, was “for all the lands
between the Rappahannock and Potomac Rivers.” This grant had
been very liberally construed to include a large part of the land
drained by affluents of these streams, embracing a considerable
portion of the Shenandoah valley. In the midst of this princely
domain, the Fairfaxes lived in the style of English gentry. Their
house was always open to guests of the right class and to no others.
The monotony of life was occasionally broken by the arrival in the
Potomac of an English war vessel, when its officers were certain to be
found at the Fairfax and Washington tables, telling their stories of
service in distant seas, of battle, travel, and all the various
experiences that a naval life involves. Washington was made a
sharer, on terms nearly approaching equality, in much of this social
intercourse; he felt the refining and broadening influence of contact
with accomplished and experienced men of the world, and, not least
important, he heard the tales and jests of the seafaring visitors, and
hearing, was enthralled. At the age of fourteen he became infatuated
with the idea of entering the British navy. His age was suitable, the
profession was an excellent one for a young gentleman desiring to
push his fortunes, a frigate at that time lay in the river, Lawrence
Washington and Mr. Fairfax approved, and nothing seemed
necessary to carrying the plan into effect but the consent of the lad’s
mother. Even this difficulty yielded to argument. George’s clothes
were packed, and he was ready to go aboard, when the mother’s
heart failed her, and she withdrew her consent, thus saving
Washington to his country. It is more likely, considering his training
and disposition, that, had the boy sailed upon that cruise, he would
have directed a vessel or fleet against the revolting colonies; called
them rebels, not patriots; served the king, not the people. Back to
school he went, no doubt chagrined and crestfallen, and remained
for nearly two years. At the end of that time his teacher discharged
him as finished, as, no doubt he was, so far as the capacity of that
master was concerned. These two years were passed in the study of
the higher mathematics, his intention being to fit himself for any
business or professional emergency, civil or military.
After leaving school, Washington was much more frequently at
Belvoir than before. Lord Fairfax, the owner of the estate, was now
an inmate of the house, having come to inspect his possessions, and
determined to make Virginia his home. He was much impressed by
the fertility and beauty of the country, and also, gossip had it, having
never recovered from a wound to his heart and pride, inflicted in his
youth by a fickle beauty, who preferred a ducal cornet to his more
modest rank after the wedding dress was made, was glad to escape
from England to the freedom and retirement of Virginia. Lord
Fairfax was not far from sixty years of age, tall, erect, and vigorous in
figure; kind-hearted, generous but eccentric, and not a man to take
every comer into his friendship and confidence. He at once showed a
marked liking for the tall, handsome, reserved and dignified young
man, whom he so often met at Belvoir. No one longer regarded
Washington as a boy, though he was but fifteen years of age. Lord
Fairfax was a devoted sportsman, and set up his hunters and hounds
at Belvoir, as he had been accustomed in England. Had anything
been necessary to confirm his friendship for Washington, it was only
to find, as his lordship did, that the latter was as hard and intrepid a
rider as he, and would follow a fox over the dangerous and difficult
hunting grounds of Virginia with as little faltering or fatigue.
So this oddly assorted couple became close friends and constant
companions, in the hunt and elsewhere. The old nobleman,
litterateur, and man of the world, treated the sturdy young man as a
social and intellectual equal, and, from the fullness of experience,
unconsciously added, day by day, to his slender knowledge of the
world; while the latter, probably quite as unconsciously, in a measure
repaid the debt, as his knowledge of the country and of colonial life
enabled him to do. One important effect of his intimacy was that it
resulted in securing to Washington his first opportunity for testing
his new-found freedom, by undertaking an independent enterprise.
This happened incidentally, yet was the starting-point of the young
man’s fortunes.
As has been said, Lord Fairfax’s estate in Virginia extended beyond
the Blue Ridge, and to a considerable distance up the eastern slope of
the Alleghanies. West of the former range no survey had ever been
made, and reports had come that the country was filling up with
lawless squatters, who invariably selected the best lands for
settlement, and were in danger of gaining such a foothold that to
oust them would be a matter of no little difficulty. Lord Fairfax
desired a survey of this wild and uncivilized territory to be made. It
was a service requiring not only skill as a surveyor, but ability to
endure great fatigue, courage to face danger, determination and
ingenuity to meet and overcome difficulties—yet all these qualities he
deemed combined in Washington, who had barely reached the age of
sixteen years. The committing of so important a trust to one so young
seems almost inconceivable, and this fact is one of the best
indications of what the youth must have been, not only in bone and
muscle, but in brain, self-reliance and maturity, at an age when most
boys are thinking more of their balls and kites than of the serious
duties of life.

WASHINGTON ON A SURVEYING EXPEDITION.

Washington eagerly accepted the proposal of Lord Fairfax, and

immediately set about his preparations for departure, which
occupied but a few days. In company with George William Fairfax, a
young man of twenty-two years, son of William Fairfax, he set out in
the saddle, during the month of March, 1748. Mr. John S. C. Abbott,
in his ‘Life of Washington,’ describes the experience of the young
men in a manner characteristically picturesque. He says:
“The crests of the mountains were still whitened with ice and
snow. Chilling blasts swept the plains. The streams were swollen into
torrents by the spring rains. The Indians, however, whose hunting
parties ranged these forests, were at that time friendly. Still there
were vagrant bands wandering here and there, ever ready to kill and
plunder. * * * Though these wilds may be called pathless, still there
were, here and there, narrow trails which the moccasined foot of the
savage had trodden for uncounted centuries. They led, in a narrow
track, scarcely two feet in breadth, through dense thickets, over
craggy hills, and along the banks of placid streams or foaming
torrents. * * * It was generally necessary to camp at night wherever
darkness might overtake them. With their axes a rude cabin was
easily constructed, roofed with bark, which afforded a comfortable
shelter from wind and rain. The forest presented an ample supply of
game. Delicious brook trout were easily taken from the streams.
Exercise and fresh air gave appetite. With a roaring fire crackling
before the camp, illumining the forest far and wide, the adventurers
cooked their supper and ate it with a relish such as the pampered
guests in lordly banqueting halls have seldom experienced. Their
sleep was probably more sweet than was ever found on beds of down.
Occasionally they would find shelter for the night in the wigwam of
the friendly Indian.”
In amusing contrast to this rose-colored view of life in the woods
are the terse and evidently feeling words from the pen of Washington
himself, recorded in his journal under date of March 15, 1748:
“Worked hard till night and then returned. After supper we were
lighted into a room, and I, not being so good a woodman as the rest,
stripped myself very orderly and went into the bed, as they call it,
when, to my surprise, I found it to be nothing but a little straw
matted together, without sheet or anything else, but only one
threadbare blanket, with double its weight of vermin. I was glad to
get up and put on my clothes and lie as my companions did. Had we
not been very tired, I am sure we should not have slept much that
night. I made a promise to sleep no more in a bed, choosing rather to
sleep in the open air before a fire.” Again, after being much longer
away from home, Washington says in a letter to a friend: “Yours gave
me the more pleasure as I received it among barbarians and an
uncouth set of people. Since you received my letter of October last, I
have not slept above three or four nights in a bed. But after walking a
good deal all the day, I have lain down before the fire on a little hay,
straw, fodder, or bear skin, whichever was to be had, with man, wife
and children, like dogs and cats, and happy is he who gets nearest
the fire. I have never had my clothes off, but have lain and slept in
them, except the few nights I have been in Fredericksburg.”
With these and similar experiences, Washington and his
companion, with their little party, consisting of an Indian guide and
a few white attendants, continued through the weary weeks and
months occupied in the fulfillment of their mission. This work was
well and thoroughly done; the surveys made were afterwards proved
to be careful and accurate. The party finally returned to civilization
on the 12th day of April, 1749, more than a year after they set out.
The report made to Lord Fairfax proved a source of immediate profit
to Washington, who, though but a little more than seventeen years of
age, was soon after made one of the official surveyors of the colony of
Virginia. His late employer soon removed to a point in the newly
surveyed territory, beyond the Blue Ridge, where he set aside ten
thousand acres of land, to constitute his home estate, and projected a
grand manor and house, after the English style. The proposed site of
this dwelling—which, though Abbott describes it in glowing terms,
was never built—is about twelve miles from the present village of
Winchester.
Washington pursued his labors with the additional sanction given
by his office, which entitled his surveys to become a matter of official
record. As will be readily understood, the demand for such services
in a new country was great, and, as the number of competent men
was small, his labors commanded a correspondingly large
remuneration. So for three years he continued patiently working, his
ability and industry commanding respect and gaining a daily wider
recognition. He was so accurate in all his processes that no
considerable error was ever charged against him, and a title, finding
its basis in one of his surveys, was rarely disputed. The minute
acquaintance with the soil, timber and other natural advantages of
the region, thus obtained, proved of great practical value to him in
after years, when his increased wealth needed investment; much of
the finest land which he surveyed passed into his hands, and was
later owned by members of the Washington family. He held his office
of colonial surveyor for three years, when he resigned to accept more
important trusts.
Walter Buell.
 EDITORIAL NOTES.

The purposes which this publication is intended to subserve are

the promotion of historical studies in general and an increased
familiarity with the history of the western portion of this country in
particular. The field is a broad and inviting one. The early annals of
every locality possess a peculiar charm for its own people, while they
furnish something of interest to the people of every other locality.
The conductors of this Magazine invite the aid and co-operation of
every person interested in the development and preservation of local
history, and shall rely in a special manner upon the friendly offices of
Historical and Pioneer Societies. These organizations accomplish
great good in the work they are carrying forward from year to year,
and they should increase in number until every county, or section of
the country, shall have a Pioneer Society. The publishers of this
monthly now have in course of preparation by an able and well
informed writer, the history of Ohio, which will be published serially
in the numbers of this Magazine, to be followed by the history of
other States. A department will be devoted to local history, in which
county and town annals, and sketches of pioneer settlers and of
representative men and women will have chief place. The
contributions of students of history, who have something to say of
interest to the general reader, will be welcomed to the pages of this
publication. We have received already the proffer of papers by able
and experienced writers, and hope to make the Magazine of
indispensable value to a large number of readers. To furnish essays
on historical subjects by writers of experience and ability; to provide
a history of each of the great Western States that have not already
satisfactory State histories; to afford a medium for the publication of
the proceedings of Historical and Pioneer Societies, and to publish
such other information regarding these and similar organizations as
will enable them to become better acquainted with one another; to
give sketches of the lives of early settlers, and of others who have
largely aided in the development of the material interests, or in
promoting the advancement, in other respects, of the community in
which they dwell; to add to the interest of the printed text by the help
of engravings where they can be employed to advantage, and
especially to employ the services of art in portrait illustration; and to
use skill and taste on the part of the printer in giving a neat
appearance to the Magazine—these are the chief features of the
programme which we have formed for the work we have undertaken.
We do not lightly esteem the labor, or overlook the difficulties which
lie before us. We expect the Magazine will have friends if by its
excellence it merits them. It has a field of its own, differing from that
occupied by any other publication, and its success will be sure and
enduring if it achieves it by deserving well of its patrons and readers.

The American Historical Association held its first annual meeting

at Saratoga, September 9, under the friendly auspices of the Social
Science Association. The importance of this movement, whose object
is the promotion of historical studies throughout the country, cannot
be overestimated. No society of like aim, national in character,
seeking to create an interest in the study of American history in every
section of the country, has ever existed. The nearest approach to it
was the “American Historical Society” organized in 1836, at
Washington, D. C., with John Quincy Adams as President. Its
membership, however, was made up from residents of Washington,
Congressmen, and a few persons outside of the Capital who however,
were only honorary members. The meetings were of irregular
occurrence and were held in the House of Representatives. The
active spirit of this old Historical Society was Peter Force, whose
work in the publication of rare collections of early colonial history
was of incalculable value to the Nation, and to whom the country is
likewise indebted for the collection of the “American Archives.” This
society was, however, only local in character, and had only such
purposes in view as were of easy attainment at the National Capital.
On the other hand, the new organization, having no one place for its
habitation, is a national association of students of history, who may
come from any section of this and other lands. Historical specialists
and active workers everywhere, whether from academic centres or
State and county historical societies, if approved by the committee,
will be welcomed. The annual membership fee is $3.00, the life
membership $25. Forty-one active members were enrolled at
Saratoga, and the Executive Council has selected 120 more persons,
students of history, resident in various sections of the country, to
whom invitations to become active members are to be extended. A
constitution was adopted and the following distinguished persons
selected as officers: President, Andrew D. White, President of Cornell
College; two Vice-Presidents, Professor Justin Winsor, of Harvard
and Professor Charles Kendall Adams, of the University of Michigan;
Secretary, Dr. Herbert B. Adams of John Hopkin’s University,
Baltimore; Treasurer, Clarence Winthrop Bowen of the New York
Independent, New York City. These gentlemen, with three associates
—Mr. William B. Weeden of Providence, Professor Emerton of
Harvard College, and Professor Moses Coit Tyler of Cornell
University—form the Executive Council, which is empowered to pass
judgment upon all nominations which may be made through the
secretary, and which has charge also of the general interests of the
Association. President White delivered an admirable address on
“Synthetic Studies in History,” and several other important papers
were read—all of which, together with a record of the proceedings,
will soon be published in pamphlet form.

Hon. Harvey Rice, who has attained the ripe old age of 84 years,
celebrated the sixtieth anniversary of his arrival in Cleveland on the
24th day of last September. Nearly two hundred persons,
acquaintances and friends, assembled at his residence, 427
Woodland Ave., Cleveland, to pay him their respects—a very fitting
tribute to one to whom not alone the citizens of the Forest City, but
also the people of Ohio, and in a certain sense of the whole country
are very largely indebted for valuable services. For his able efforts in
behalf of the improved management of common schools he has for
many years been appropriately called the father of the Ohio system
of common school instruction, which has been largely imitated by
other States. Mr. Rice is the author of several books, some of which
have had a very good circulation. He is a graceful writer of poetry as
well as of prose.
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