CESSION OF NORTH WESTERN TERRITORY. Circular Letter of the President of Congress.-Declaration of Maryland.-Instructions of the General Assembly of Maryland, to her Delegates in Congress. Remonstrance of the General Assembly of Virginia to Congress.-Act of the Legislature of New York, to facilitate the completion of the Articles of Confederation.-Resolution of Congress, pressing upon the states, holding western lands, to surrender a portion of their territorial claims, for the general benefit of the Union.-Resolution of the General Assembly of Virginia, for ceding her North Western Territoto the United States. ry [In order to understand the import of the following papers, of which a summary is given above, it may be necessary to premise that, by the ancient charters of the crown of England to the American colonies, some of them held very large western territories, extending, as in the case of Virginia, even to the Pacific Ocean; or, as expressed in the charter, "from sea to sea, west and northwest." This inequality, in point of territory, excited no jealousies among the colonies while they all remained subject to the same parent country. But when they declared themselves sovereign and independent states, and these vast tracts of unappropriated lands were to become the property of the states, to which they were annexed, and were no longer vested in the crown, as under the colonial government, a spirit of discontent began to manifest itself. Maryland, though a party to the declaration of independence, and who had made strenuous exertions See vol. 1, p. 88, 89. See the excellent edit. Mr. Colvin, published in 1815, vol. 1, p. 12. Cession of for the prosecution of the war, did not ratify the artinorth west- cles of confederation until 1781. She insisted that the ernterritory. states, claiming these western territories, should bring them into the common stock, for the benefit of the whole Union. Virginia, expressing an earnest wish to reof the Laws move every cause of jealousy, refers to her overtures of the United heretofore made to congress for a cession of western States, by lands, for bounties to continental troops, but protests against any usurped jurisdiction, within her territory, by countenancing the claims of the Vandalia and Indiana companies, or any other matter or thing subversive of her sovereignty. New York in order to conciliate, passed the act, which will be found in this collection. Congress strongly recommended it to the several states, holding western territory, to remove all further impediments to a complete ratification of the articles of confederation, by ceding a portion of that territory to the United States. Finally Virginia passed the resolution for ceding her territory, north west of the river Ohio, to the United States.] Letter from the Presi SIR, CIRCULAR. Philadelphia September 10, 1780. YOUR excellency will receive herewith enclosed an act of congress of the 6th instant, adopting the redent of Con- port of a committee, together with copies of the several papers referred to in the report. gress to the severalstates I am directed to transmit copies of this report and the several papers therein mentioned to the legislatures of the several states, that they all may be informed of the desires and endeavours of congress on so important a subject, and those particular states which have claims to the western territory and the state of Maryland, may adopt the measures recommended by congress in order to obtain a final ratification of the articles of confederation. north west Congress, impressed with a sense of the vast impor- Cession of tance of she subject have maturely considered the same, ernterritory. and the result of their deliberation is contained in the enclosed report, which being full and expressive of their sentiments upon the subject: without any additional observations, it is to be hoped and most earnestly desired that the wisdom, generosity and candour of the legislatures of the several states which have it in their power, on the one hand to remove the obstacles, and on the other to complete the confederation, may direct them to such measures in compliance with the earnest recommendations of congress as shall speedily accomplish an event so important and desirable as the ratification of the confederation by all the states. I have the honor to be, With the highest respect & consideration, His Excellency, The Governor of Virginia. BY THE STATE OF MARYLAND. A Declaration. WHEREAS the general assembly of Maryland hath Declaration heretofore resolved "That the delegates from this state of Maryland. should be instructed to remonstrate to the congress, that this state esteem it essentially necessary for rendering the Union lasting, that the United States in congress assembled should have full power to ascertain and fix the western limits of those states that claim to the Mississippi or South Sea." "That this state considered themselves justly entitled to a right in common with the other members of the Union, to that extensive tract of country which lies to the westward of the frontiers of the United States, the property of which was not vested in, or granted to individuals at the commencement of the present war: That the same had been or might thereafter be gained Cession of from the king of Great Britain, or the native Indians north west- by the blood and treasure of all, and ought therefore ernterritory. to be a common estate to be granted out on terms be neficial to all the United States, and that they should use their utmost endeavours that an article to that effect be made part of the confederation. That this state would contribute their quota of men and money towards carrying on the present war with Great Britain, for the purpose of establishing the freedom and independence of the United States, according to such rule of proportion as should be determined by the United States in congress assembled, and would pay their proportions of all money issued or borrowed by congrees or which might thereafter be issued or borrowed for the purpose aforesaid. And that this state would accede to and faithfully execute all treaties which had been or should be made by authority of congress, and would be bound and governed by the determination of the United States in congress assembled, relative to peace of war. That this state hath upon all occasions shown her zeal to promote and maintain the general welfare of the United States of America: That upon the same principle they are of opinion a confederation of perpetual friendship and union between the United States is highly necessary for the benefit of the whole; and that they are most willing and desirous to enter into a confederation and union, but at the same time such confederation should in their opinion be formed on the principles of justice and equity. Which resolves, remonstrance, and instructions were by our delegates laid before congress, and the objections therein made to the confederation were submitted in writing to their consideration, and the several points fully discussed and debated, and the alterations and amendments proposed by our delegates to the confederation in consequence of the aforesaid instructions by us to them given, were rejected, and no satisfactory reasons assigned for the rejectiou thereof. We do therefore declare that we esteem it fundamentally wrong and repugnant to every principle of equity and good policy, on which a confederation between free, sovereign and independent states ought to be founded; that this or any other state entering into such confederation, should be burthened with heavy expences for the subduing and guarranteeing immense tracts of Cession of north westcountry, if they are not to share any part of the moernterritory. nies arising from the sales of the lands within those tracts, or be otherwise benefited thereby. In conformity to this our opinion, the sentiments of our constituents, in justice to them and ourselves; and least such construction, should hereafter be put on the undefined expressions contained in the third article of the confederation, and the proviso to the ninth (according to which no state is to be deprived of territory for the benefit of the United States) as may subject all to such guarranty as aforesaid, and deprive some of the said states of their right in common to the lands aforesaid. We declare that we mean nct to subject ourselves to such guarranty nor will we be responsible for any part of such expense, unless the third article and proviso aforesaid be explained so as to prevent their being hereafter construed in a manner injurious to this state. Willing however to remove, as far as we can consistently with the trust conferred upon us, every other objection on our part to the confederation, and anxiously desirous to cement by the most indissoluble ties, that Union, which has hitherto enabled us to resist the artifices and the power of Great Britain, and conceiving ourselves, as we have heretofore declared, justly entitled to a right in common with the other members of the Union to that extensive country lying to the westward of the frontiers of the United States, the property of which was not vested in or granted to indivi duals at the commencement of the present war. We declare that we will accede to the confederation, provided an article or articles be added thereto, giving full power to the United States in' congress assembled to ascertain and fix the western limits of the states claiming to extend to the Mississippi, or South Sea, and expressly reserving or securing to the United States a right in common in, and to all the lands lying to the westward of the frontiers as aforesaid, not granted to, surveyed for, or purchased by individuals at the commencement of the present war, in such manner that the said lands be sold out, or otherwise disposed of for the common benefit of all the states; and that the money arising from the sale of those lands, or the quit rents reserved thereon, may be deemed and taken as part of the monies belonging to the United States, and |