Page images
PDF
EPUB

British government and convention between the two states, their cessions have transferred to the United States all their right to the whole of the Mississippi territory, bounded on the north by the southern boundary of the state of Tennessee, on the south by the 31st degree of north latitude, and extending from the present western boundary of the state of Georgia to the river Mississippi. The extension of the province of West Florida to the river Yasous can only affect private claims.]

SECTION III.

ACTS OF CESSION FROM STATES, AND ACTS OF
CONGRESS RELATIVE THERETO.

Journals of
Congress,
March 1,
1781.

sion.

No. 1.

New York.

The foregoing being executed, the delegates aforesaid, in virtue of the powers vested in them, by the act of their legislature above recited, proceeded and executed in due form, in behalf of their state, the following instruments, viz:

To all who shall see these presents, we, James Deed of ces- Duane, Wm. Floyd and Alexander McDougal, the underwritten delegates for the state of New York, in the honorable Congress of the United States of America, send greeting:

Boundaries

of New York

[Here follows the recital of the acts of the Legislature of New York, authorising a cession of territory by the delegates of that state in Congress.]

Now, therefore, know ye, that we, the said James Duane, William Floyd and Alexander M'Dougall, by virtue of the power and authority, and in the execution of the trust reposed in us as aforesaid, have judged it expedient to limit and restrict, and we do by these presents, for and in behalf of the said state of New York, limit and restrict, the boundaries of restricted by the said state in the western parts thereof, with rescertain lines. pect to the jurisdiction, as well as the right or preemption of soil, by the lines and in the form following, that is to say; a line from the north-east corner of the state of Pennsylvania, along the north bounds thereof, to its north-west corner, continued due west, until it shall be intersected by a meridian line, to be drawn from the forty-fifth degree of north latitude, through the

most westerly bent or inclination of lake Ontario; thence by the said meridian line to the forty-fifth degree of north latitude, and thence by the said fortyfifth degree of north latitude: but if, on experiment, the above described meridian line shall not comprehend twenty miles due west, from the most westerly bent or inclination of the river or strait of Niagara, then we do by these presents, in the name of the people, and for and on behalf of the state of New York, and by virtue of the authority aforesaid, limit and restrict the boundaries of the said state in the western parts thereof, with respect to jurisdiction, as well as the right of pre-emption of soil, by the lines and in the manner following, that is to say; a line from the north-east corner of the state of Pennsylvania, along the north bounds thereof, to its north-west corner, continued due west until it shall be intersected by a meridian line to be drawn from the forty-fifth degree of north latitude, through a point twenty miles due west from the most westerly bent or inclination of the river or strait Niagara; thence by the said meridian line to the forty-fifth degree of north latitude, and thence by the said forty-fifth degree of north latitude: and we do by these presents, in the name of the people, and for and on behalf of the state of New York, and by virtue of the power and trust committed to us by the said act and commission, cede, trans- Territory fer and forever relinquish to, and for the only use westward and benefit of such of the states as are or shall be- ward thereof come parties to the articles of confederation, all the ceded to Uniright, title, interest, jurisdiction and claim, of the ted States. said state of New York to all lands and territories to the northward and westward of the boundaries, to which the said state is in manner aforesaid limited and restricted, and to be granted, disposed of and appropriated in such manner only, as the Congress of the said united or confederated States shall order and direct.

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 thou sand seven hundred and eighty-one, and of our Independence the fifth.

Signed, &c.

and north

Resolution of
Congress,
March 1st,
1784.

Form of deed.

Act of Vir

No. 2.

Virginia.

Whereas, the general assembly of Virginia at their session, commencing on the 20th day of October, 1783, passed an act to authorise their delegates in Congress to convey to the United States in Congress assembled, all the right of that commonwealth to the territory northwestward of the river Ohio; and whereas, the delegates of the said commonwealth have presented to Congress the form of a deed, proposed to be executed pursuant to the said act, in the words following:

To all who shall see these presents, we, Thomas Jefferson, Samuel Hardy, Arthur Lee and James Munroe, the underwritten delegates for the commonwealth of Virginia, in the Congress of the United States of America, send greeting:

Whereas, the General Assembly of the commonwealth of Virginia, at their sessions, begun on the 20th day of October, 1783, passed an act entitled, "An Act to authorise 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:

[Here follows the preamble of the act.]

Be it enacted by the general assembly, that it ginia recited. shall and may be lawful for the delegates of this state to the Congress of the United States, or such of them Delegates authorised to as shall be assembled in Congress, and the said delegates, or such of them so assembled, are hereby fully United States authorised and empowered, for and on behalf of this north-west of state, by proper deeds or instruments in writing, unOhio. der their hands and seals, to convey, transfer, assign

convey to

the territory

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 and being to the north-west of the river Ohio, subject to the terms and conditions contained

be laid out into states.

in the before recited act of Congress of the thirteenth day of September last; that is to say, upon condition Conditions. 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 Territory to 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 sovereignty, freedom and independence as the other states.

have their

That the necessary and reasonable expenses in- Expenses of curred by this state, in subduing any British posts, or Virginia in in maintaining forts and garrisons within, and for the subduing or defending defence, or in acquiring any part of the territory so the ceded ter ceded or relinquished, shall be fully reimbursed by the ritory, to be United States: And that one commissioner shall be reimbursed. appointed by Congress, one by this commonwealth, and another by those two commissioners, who, or a majority of them, shall be authorised 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 Cana- French inhadian inhabitants, and other settlers of the Kaskaskies, bitants to St. Vincents and the neighbouring villages, who have professed themselves citizens of Virginia, shall have confirmed. their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding one hun- 150,000 acres dred and fifty thousand acres of land, promised by to be granted 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 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 a majority of the officers shall chuse, and to be afterwards divided among the said officers and soldiers in due proportion, ar

-

possessions

to Clarke's

regiment.

and Little

Miami.

Lands ceded

Deficiency of cording to the laws of Virginia. That in case the military bounties in quantity of good land on the south-east side of the land, proOhio, upon the waters of Cumberland river, and bemised by Vir- tween the Green river and Tennessee river, which ginia, to be have been reserved by law for the Virginia troops, made up between Scioto 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 Miami, on the north-west side of the river Ohio, in such proportions as have been engaged to them by the laws of to be a com- Virginia.-That all the lands within the territory so mon fund for ceded to the United States, and not reserved for or the United appropriated to any of the before mentioned 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 executed unless three of them at least are present in Congress.

States.

Delegates convey the territory.

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 Munroe, 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 Munroe, 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 Con

« PreviousContinue »