Cession of Cession of North Western territory.

north-west

ern territory.

On this important subject, a number of papers were inserted at the end of the tenth volume. The resolution of Virginia, for ceding the north-western territory to the United States, commences on page 564. This resolution was printed verbatim from the original manuscript, preserved in the clerk's office of the house of delegates. In a note to page 565, the editor has expressed his conviction, that the words "and upon their own state establishment," which are in the original, were accidently omitted in the copy sent to the governor, or in some subsequent proceedings founded upon it. He is now satisfied that the mistake originated in the first copy of the résolution, made for the governor, in the clerk's office of the house of delegates. In the original manuscript, the word "establishment" occurs in the first and last word of the line, as in the following extract, which is printed, word for word, and line for line with the original.

"That in case the quantity of good lands of the south-east side of the Ohio upon the waters of Cumberland river and between the Green river and the Tenissee river which have been reserved by law for the Virginia Troops upon continental establishment and upon their own state establishment should (from the North Carolina line bearing in further ayon the Cumberland lands those was excepted) prove insufficient for their legal bounties the deficiency shall be made up to the said troops in good lands to be laid off between the rivers Scioto and little Miamis on the north west side of the river Ohio in such proportions as have been engaged to them by the laws of Virginia.

The eye of the copyist, after writing the word "establishment," where it first occurs, glanced at the original, and seeing the same word again at the end of the line, passed on to the next line; a circumstance which frequently occurs in copying.

The following resolution of congress, of the 13th of September 1783, which professes to recite all the conditions of our resolution for ceding the north western territory, omits the words "and upon their own state establishment," which is conclusive proof that those words were not contained in the copy sent by the gover

north-west

nor, to our delegates in congress; because all the other Cession of conditions being truly recited, that stipulating the reser-ern territory. vation of land for the officers and soldiers, would also have contained the words "and upon their own state establishment" had they been in the copy. .

BY THE UNITED STATES in CONGRESS ASSEMBLED.

September 13th, 1783.

Congress résumed the consideration of the report of the committee on the Virginia cession and the same being amended, to read as follows.

"The committee, to whom were referred the act of the legislature of Virginia, of the 2nd of January 1781, and the report thereon, report, that they have considered the several matters referred to them, and ob serve that the legislature of Virginia by their act of the 2d of January, 1781 resolved that they would yield to the congress of the United States for the benefit of the said states, all right, title and claim which the said commonwealth hath to the lands north-west of the river Ohio, upon the following conditions, vizs

3

1st. That the territory so ceded should be laid out and formed into states, containing a suitable extent of territory, not less than one hundred, nor more than one hundred and fifty miles square, or as near thereto as circumstances would admit; and that the states so formed should be distinct republican states, and admitted members of the foederal union, having the same rights of sovereignty, freedom, and independence as the other

states.

2d. That Virginia should be allowed and fally reimbursed by the United states, her actual expences in reducing the British posts at the Kaskaskies and St. Vincents; the expence of maintaining garrisons and supporting civil government there since the reduction of the said posts, and in general all the charge she has incurred on account of the country on the north-west side of the Ohio river since the commencement of the present war.

3. That the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents and the neighbouring villages, who have professed themselves citizens of Virginia, should have their possessions and

ern territory.

Cession of titles confirmed to them, and should be protected in the north-west- 9 enjoyment of their rights and liberties, for which purpose troops should be stationed there at the charge of the United States, to protect them from the encroachments of the British forces at Detroit, or elsewhere, unless the events of the war should render it impracticable. 4th. As colonel George Rogers Clarke planned and executed the secret expedition by which the British posts were reduced, and was promised, if the enterprize succeeded, a liberal gratuity in lands in that country, for the officers and soldiers who first marched thither with him; that a quantity of land not exceeding one hundred and fifty thousand acres, should be allowed and granted to the said officers and soldiers and the other officers and soldiers that have been since incorporated into the said regiment, to be laid off in one tract, the length of which not to exceed double the breadth in such place, on the north-west side of the Ohio, as the majority of the officers should choose; and to be afterwards divided among the said officers and soldiers in due proportion, according to the laws of Virginia.

5th. That in case the quantity of good lands on the south-east side of the Ohio, upon the waters of Cumberland river, and between the Green river and Tenessee river, which have been reserved by law for the Virginia troops upon continental establishment, should from the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops in good lands, to be laid off between the rivers Scioto and Little Miamis, on the north-west side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia.

6th. That all the lands within the territory so ceded to the United States, and not reserved for, or appropri"ated to any of the before mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, should be considered as a common fund for the use and benefit of such of the United American States as have become or shall become members of the confederation or foederal alliance of the said states, Virginia inclusive; according to their usual respective proportions in the general charge and expenditure, and should be faithfully and bona fide disposed

of for that purpose, and for no other use or purpose

whatsoever.

7th. And therefore that all purchases and deeds from any Indian or Indians or from any Indian nation or nations, for any lands within any part of the said territory, which have been or should be made for the use or benefit of any private person or persons whatsoever, and royal grants within the ceded territory, inconsistent with the chartered rights, laws and customs of Virginia, should be deemed and declared absolutely void and of no effect, in the same manner as if the said territory had still remained subject to, and part of the commonwealth of Virginia."

Sth. That all the remaining territory of Virginia included between the Atlantic ocean' and the south-east side of the river Ohio, and the Maryland, Pennsylvania and North Carolina boundaries should be guaran teed to the commonwealth of Virginia by the said United States.

Whereupon your committee are of opinion, that the first condition is provided for by the act of congress of the 10th of October 1780. That in order to comply with the second condition so far as has been heretofore provided for by the act of the 10th October 1780 it is agreed that one commissioner should be appointed by congress, one by the state of Virginia, and another by those two commissioners, who or a majority of whom, should be authorized and empowered to adjust and li quidate the account of the necessary and reasonable expences incurred by the said state which they may judge to be comprized, within the true intent and meaning of the said recited aci...

With respect to the third condition the committee are of opinion, that the settlers therein described, should have their possessions and titles confirmed to them and be protected in the enjoyment of their rights and liberties.

Your committee are further of opinion that the fourth, fifth, and sixth conditions being reasonable, should be agreed to by congress.

With respect to the seventh condition your committee are of opinion, that it would be improper for congress, to declare the purchases and grants therein mentioned, absolutely void and of no effect, and that the

Cession of north-western terr tory.