Cession of north-west

ern territory

sixth condition engaging, how the lands beyond the Ohio, shall be disposed of is sufficient on this point.

As to the last condition, your committee are of opinion, that congress cannot agree to guarantee to the commonwealth of Virginia, the land described in the said condition without entering into a discussion of the right of the state of Virginia to the said land; and that by the acts of congress it appears, to have been their intention, which the committee cannot but approve, to avoid all discussion of the territorial rights of individual states, and only to recommend and accept a cession of their claims whatsoever they might be to vacant territory. Your committee conceive this condition of a guarantee, to be either unnecessary or unreasonable; inasmuch as, if the land abovementioned, is really the property of the state of Virginia, it is sufficiently secured by the confederation, and if it is not the property of that state, there is no reason or consideration for such guarantee.

Your committee therefore upon the whole recommend that if the legislature of Virginia make a cession conformable to this report, congress accept such cession." Resolved, that congress agree to the said report 12 Extract from the minutes.

Our act of cession of October 1783 (ante på. 326) omits the same words," and upon their own state establishment," and so does the deed of cession from our delegates in congress, which literally pursues the act. *

The following is the letter from our delegates in congress, inclosing an exemplification of the deed of ces

sion.

T

Sir,

Letter from delegates in Congress.

Annapolis, MARCH 22, 1784.

Cession of north-west

ern territory.

Letter from

We inclose to your Excellency by the bearer, Mr. M'Alister an exemplification of the deed of cession exdelegates in ecuted according to the directions of the act of assem- congress. bly transmitted us, and have the honour to be with ve

Seal of the To ALL TO WHOM, these presents shall

U. S.

come;

KNOW YE, that among the archives of the United States in congress assembled, is lodged a deed or instrument in the words following:

TO ALL WHO SHALL SEE THESE PRESENTS, WE, Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, the underwritten delegates for the commonwealth of Virginia, in the congress of the United States of America, send greeting:

Form of the

deed of ces

sion.

WHEREAS, the general assembly of the common- nia recited. Act of Virgi wealth of Virginia, at their sessions begun on the twen

tieth day of October, one thousand seven hundred and See vol. 10 eighty-three, passed an act, entitled "An act to autho- page 562.

rize the delegates of this state in congress, to convey to the United States in congress assembled, all the right of this commonwealth to the territory northwestward of the river Ohio," in these words following, to wits

"WHEREAS the congress of the United States did, by their act of the sixth day of September, in the year one thousand seven hundred and eighty recommend to the several states in the Union, having claims to waste and unapproppiated lands in the western country, a

sion.

Deed of ces- liberal cession to the United States, of a portion of their respective claims, for the common benefit of the union; and whereas this commonwealth did, on the second day of January, in the year one thousand seven hundred and eighty one, yield to the congress of the United States, for the benefit of the said states, all right, title and claim, which the said 'commonwealth had to the territory northwest of the river Ohio, subject to the conditions annexed to the said act of cession. AND

See vol. 10 page 564. >

WHEREAS the United States in congress assembled have, See ante pa. by their act of the thirteenth of September last,* stipu

667.

Delegates authorized to

United States

lated the terms on which they agree to accept the cession of this state should the legislature approve thereof which terms, although they do not come fully up to the propositions of this commonwealth, are conceived, on the whole, to approach so nearly to them, as to induce this state to accept thereof, in full confidence, that con gress will, in justice to this state, for the liberal ression she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal, for the common benefit and support of the union, Be it enacted by the General Assembly, That it shall and convey to the may be lawful for the delegates of this state to the congress of the United States, or such of them as shall be the territory northwest of assembled in congress, and the said delegates, or such the Ohio, &c. of them, so assembled, are hereby fully authorized and empowered, for and on behalf of this state, by proper deeds or instrument in writing, under their hands and seals, to convey, transfer, assign, and make over, unto the United States in congress assembled, for the benefit of the said states, all right, title, and claim, as well of soil as jurisdiction, which this commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying, aud being, to the northwest of the river Ohio, subject to the terms and condi tions contained in the before recited act of congress of Conditions, the thirteenth day of September last; that is to say, upon condition that the territory so ceded shall 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 will admit: and that the states so formed shall be distinct republican states, and admitted members of the federal union; having the same rights of

Territory to be laid out into states.

7

sion.

imbursed.

habitants to

sovereignty, freedom, and independence, as the other Deed of ces states. That the necessary and reasonable expenses incurred by this state, in subduing any British posts, or in maintaining forts or garrisons within, and for the defence, or in acquiring any part of, the territory so Expenses of Vi ginia in ceded or relinquished, shall be fully reimbursed by the subduing or United States: and that one commissioner shall be ap- detoningthe pointed by congress, one by this commonwealth, and ceded territo another by those two commissioners, who, or a majori- to be rǝty of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expenses incurred by this state, which they shall judge to be comprised within the intent and meaning of the act of congress, of the tenth of October, one thousand seven hundred and eighty, respecting such expenses. That the French and Canadian innabitants, and other settlers of the Kaskaskies, St. Vin- French in. cents, and the neighbouring villages, who have profes- have their sed themselves citizens of Virginia, shall have their possessions possessions and titles confirmed to them, and be pro- confirmed. tected in the enjoyment of their rights and liberties, That a quantity not exceeding one hundred and fifty thousand acres of land, promised by this state, shall be allowed and granted to the then colonel, now general George Rogers Clarke, and to the officers and soldiers of his regiment, who marched with him when the post of Kaskaskies and St. Vincents were reduced, and to the 150,000 acres officers and soldiers that have been since incorporated to be granted into the said regiment, to be laid off in one tract, the toClarke's relength of which not to exceed double the breadth, in gment. such place, on the northwest side of the Ohio, as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers in dne proportion, according to the laws of Virginia. That in case the quantity of good land on the southeast side of the Ohio, upon the waters of Cumberland river, and, promand between the Green river and Tenessee river, which ised by Vir have been reserved by law for the Virginia troops, upon ginia, to be continental establishment, should. from the North Carolina line bearing in further upon the Cumberland lands and Little than was expected, prove insufficient for their legal Miami. bounties, the deficiency should be made up to the said troops, in good lands, to be laid off between the rivers Scioto and Little Miami, on the northwest side of the river Ohio, in such proportions as have been engaged

Deficienc of

militar

bounties in

made up be. tween Sciote

sion.

Lands ceded to be a common fund for

the United States.

Deed of ces to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for, or appropriated to, any of the beforementioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become members of the confederation or federal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever. Provided, that the trust hereby reposed in the delegates of this state, shall not be execu ted unless three of them at least are present in c

Three dele. gates to pr present.

Delegates

Convey the territory.

congress.

AND WHEREAS, the said general assembly, by their resolution of June sixth, one thousand seven hundred and eighty-three, had constituted and appointed us, the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, delegates to represent the said commonwealth in congress for one year, from the first Monday in November then next following, which resolution remains in full force: Now, THEREFORE, KNOW YE, that we, the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, by virtue of the power and authority committed to us by the act of the said general assembly of Virginia, before recited, and in the name, and for and on behalf, of the said commonwealth, do, by these presents, convey, transfer, assign, and make over, unto the United states, in congress assembled, for the benefit of the said states, Virginia in-. clusive, all right, title and claim, as well of soil as of jurisdiction, which the said commonwealth hath to the territory or tract of country within the limits of the Vir ginia charter, situate, lying, and being, to the northwest of the river Ohio, to and for the uses and purposes and on the conditions of the said recited act. In testimony whereof, we have hereunto subscribed our names and affixed our seals, in congress, the first day. of March, in the year of our Lord one thousand seven hundred and eighty-four, and of the independence of the United States the eighth.