« PreviousContinue »
Cession of sixth condition engaging, how the lands beyond the north-west: Ohio, shall be disposed of is sufficient on this point. ** era territoryo
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 bave been their intention, which the committee cannot but approve, 10 avoid all discussion of the territorial rights of individual states, and only do recommend and accept a cession of their claims whatsoever they might be to vacant terri, tory. Your committee conceive this condition of a guarantee, : 'to be either
, unnecessary or uareasonable; 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
GEO. BOND, Dep'y Sec'y. Our act of cession of October 1783 fante på. 326) omits the same words," and upon their own state és tablishment," 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.
Letter from delegates in Congress.
Cession of north-west.
ern territory. ANNAPOLAS, MARCH 22, 1784. Sir, We inclose to your Excellency by the bearer, Mr.
Letter from M'Alister an exemplification of the deed of cession ex
delegates in ecuted aecording to the directions of the act of assem-congress. bly transmitted us, and have the honour to be with vea ry high respect,
Exemplification of the deed of cession.
Porm of the deed of ces.
sion. Seal of the X TO ALL TO WHOM, these presents shall U. S.
come; ., KNOW YE, that among the archives of thie 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:
Act of VirgiWHEREAS, the general assembly of the common
nia recited. wealth of Virginia, at their sessions begun on the twentieth 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 wit:
“WHEREAS the congress of the United States did, by their act of the sixth day of September, in the year one thousand sewen hundred and eighty recommend to the several states in the Union, having claims to waste and unapproppiated lands in the western country, a
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 See vol. 10 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
WHEREAS the United States in congress assembled bave, * See ante pa. by their act of the thirteenth of September last,* stipu. 667.
lated the ternis on which they agree to accept the cession of this state should the legislature approve
thereof which terins, although they do not come fully up to the propositions of this comintonwealth, are conceived, on the whole, to approach so nearly to them, as to induce this state to accept thereof, in full confidence, that congress 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 ancultivated territory, the propriety of making cessions equally liberal, for
the cominon benefit and support of the union, Be it Delegates authorized to
enacted by the Generala Assembly, Thats it shall and convey to the may be lawful for the delegates of this state to the conUnited States
gress of the United States, or such of them as shall be 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, avd 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 Territory to of territory, not less than one hundred, nor more than be laid out
one himdred and fifty miles square, or as near thereto into states,
as circumstances will admit: and that the states so förmed shall be distinct republican states, and admitted inenbers of the federal onion; having the same rights of sovereignty, freedom, and independence, as the other Deed of ces:
sion. 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 ceded or relinquished, shall be fully reimbursed by the subduing or United States: and that one commissioner shall be ap- det ningthe pointed by congress, one by this commonwealth, and ceded territoanother by those two commissioners, who, or a majorim borbeilaty 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 sueb expenses. That the French and Cavadian ianabitants, and other settlers of the Kaskaskies, St. Vin- French in
habitants to cents, and the neighbouring villages, who have profes
have their sed themselves citizens of Virginia, shall have their
possessions possessious and titles confirmed to them, and be pro- contirmed. lected 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 regiinent, 'who marehed with him when the post of Kaskaskies and St. Vincents were reduced, and to the officers and soldiers that have been since incorporated 0 be granted
150,000 acres into the said regiment, to be laid off in one tract, the toClarke's relength of which not to exceed double the breadth, in giment. 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. Deficienc of Thav in case the quantity of good land on the southeast
būties in side of the Ohio, upon the waters of Cumberland river, and, prom. and between the Green river and Tenessee river, which ised by Virhave been reserved by law for the Virginia troops, upon ginia, to be continental establishment, should, froin the North Car
malle up be. olina line bearing in further upon the Cumberland lands and Little than was expected, prove insufficient for their legal Miami. bocaties, the deficiency should be inade 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 Onio, in such proportions as have been engaged
Deed of ces to them by the laws of Virginia. That all the lands sion.
within the territory so ceded to the United States, and Lands ceded not reserved for, or appropriated to any of the beforeto be a com- mentioned purposes, or disposed of in bounties to the mon fund for officers and soldiers of the American army, shall be the United
considered as a common fund for the use and, benefit States,
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 dis
posed of for that purpose, and for no other use or pur. Three dele.
pose whatsoever. Provided, that the trust hereby regates to pr present. posed in the delegates of this state, shall not be execu
ted unless three of them at least are present in.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 resoDelegates lution remains in full force: Now, THEREFORE, KNOW convey the territory
YE, that we, the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, by virtue of the pow. er 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 common. wealth, 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 inclusive, 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 Virginia chartèr, situate; lying, and being, to the northwest of the river Ohio, to and for the uses and purpos ses 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.