Hening's Statutes at Large

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RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.

Cession of North Western 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 resolution, 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.

Cesssion of
north-western
territory.
======

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
uyon 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 governor,

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567

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.


to our delegates in congress; because all the other conditions being truly recited, that stipulating the reservation 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.	Cession of north-western territory.
BY THE UNITED STATES IN CONGRESS ASSEMBLED.
September 13th, 1783.
Congress resumed 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 matter referred to them, and observe that the legislature of Virginia by their act of 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 claims, viz:
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 fœderal union, having the same rights of sovereignty, freedom, and independence as the other states.
2d. That Virginia should be allowed and fully 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

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568

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.


titles confirmed to them, and should be protected in the 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.	Cession of north-western territory.
4th. As colonel George Rogers Clarke planned and executed the secret expedition by which the British posts were reduced, and was promised, if the enterprise 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 appropriated 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 fœderal 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

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569

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.


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.	Cession of north-western territory.
8th. 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 guaranteed 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 liquidate 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 act.
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

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570

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.


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.		Cession of north-western territory.
Your committee therefore upon the whole recommend that if the legislature of Virginia make a cession conformable tot his report, congress accept such cession." Resolved, that congress agree to the said report. Extract from the minutes.
GEO. BOND, Dep'y Sec'y.
Our act of cession of October 1782 (ante pa. 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 cession.

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571

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.

Letter from delegates in Congress.
ANNAPOLIS, MARCH 22, 1784.

Cession of
north-western
territory.
======

Sir,
We inclose to your Excellency by the bearer, Mr. M'Alister an exemplification of the deed of cession executed according to the directions of the act of assembly transmitted us, and have the honour to be with very high respect,

Letter from delegates in congress.

Your excellency's
Most obedient and most humble servants.

TH. JEFFERSON,
S. HARDY,
JOHN FR. MERCER.
ARTHUR LEE,
JAMES MONROE.

His excellency gover-
nor Harrison.

}
}

Exemplification of the deed of cession.

Form of the deed of cession

###############
# Seal of the #
#    U.  S.   #
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To ALL TO WHOM, these presents shall 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:

WHEREAS, the general assembly of the commonwealth of Virginia, at their sessions begun on the twentieth day of October, one thousand seven hundred and eighty-three, passed an act, entitled "An act to authorize 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:

Act of Virginia recited.

See vol. 10, page 562.

"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 unappropriated lands in the western country, a

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572

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.


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 WHEREAS the United States in congress assembled have, by their act of the thirteenth of September last,* stipulated 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 congress will, in justice to this state, for the liberal cession 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 may be lawful for the delegates of this state to the congress of the United States, or such of them as shall be assembled in congress, and the said delegates, or such 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 charger, situate, lying, and being, to the north-west of the river Ohio, subject to the terms and conditions contained in the before recited act of congress of 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	Deed of cession. See vol. 10,page 564. *See ante pa. 667. Delegates authorized to convey to the United States the territory northwest of the Ohio,&c. Conditions. Territory to be laid out into states.

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 WHEREAS the United States in congress assembled have, by their act of the thirteenth of September last,* stipulated 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 congress will, in justice to this state, for the liberal cession 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 may be lawful for the delegates of this state to the congress of the United States, or such of them as shall be assembled in congress, and the said delegates, or such 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 charger, situate, lying, and being, to the north-west of the river Ohio, subject to the terms and conditions contained in the before recited act of congress of 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

Deed of
cession.
======

See vol. 10,page 564.

*See ante pa. 667.

Delegates authorized to convey to the United States the territory northwest of the Ohio,&c.

Conditions.

Territory to be laid out into states.

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573

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.


sovereignty, freedom, and independence, as the other 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 ceded or relinquished, shall be fully reimbursed by the United States: and that one commissioner shall be appointed by congress, one by this commonwealth, and another by those two commissioners, who, or a majority 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 inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighbouring villages, who have professed themselves citizens of Virginia, shall have their possessions and titles confirmed to them, and be protected 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 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 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 due 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 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 Miami, on the northwest side of the river Ohio, in such proportions as have been engaged	Deed of cession. Expences of Virginia in subduing or defending the ceded territory to be reimbursed. French inhabitants to have their possessions confirmed. 150,000 acres to be granted to Clarke's regiment. Deficienc of military bounties in land, promised by Virginia, to be made up between Scioto and Little Miami.

sovereignty, freedom, and independence, as the other 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 ceded or relinquished, shall be fully reimbursed by the United States: and that one commissioner shall be appointed by congress, one by this commonwealth, and another by those two commissioners, who, or a majority 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 inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighbouring villages, who have professed themselves citizens of Virginia, shall have their possessions and titles confirmed to them, and be protected 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 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 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 due 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 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 Miami, on the northwest side of the river Ohio, in such proportions as have been engaged

Deed of
cession.
======

Expences of Virginia in subduing or defending the ceded territory to be reimbursed.

French inhabitants to have their possessions confirmed.

150,000 acres to be granted to Clarke's regiment.

Deficienc of military bounties in land, promised by Virginia, to be made up between Scioto and Little Miami.

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RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.


to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, an not reserved for, or 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 to 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.	Deed of cession. Lands ceded to be a common fund for the United States. Three delegate to br present.
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 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 charter, situate, lying, and being, to the northwest of the river Ohio, to and for the uses and purposes and on the condition 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.	Delegates convey the territory.

to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, an not reserved for, or 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 to 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.

Deed of
cession.
======

Lands ceded to be a common fund for the United States.

Three delegate to br present.

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 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 charter, situate, lying, and being, to the northwest of the river Ohio, to and for the uses and purposes and on the condition 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.

Delegates convey the territory.

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575

RESOLUTIONS AND STATE PAPERS, FROM 1782 TO 1784.

THE. JEFFERSON,
S. HARDY,
ARTHUR LEE,
JAMES MONROE,

(L. S.)
(L. S.)
(L. S.)
(L. S.)

Deed of
cession.
======

Signed, sealed, and delivered in presence of

CHA. THOMPSON,
HENRY REMSEN, Junr.
BEN. BANKSON, Junr.

IN TESTIMONY WHEREOF, the United States have caused their Great Seal to be affixed to this exemplification. WITNESS, Charles Thomson, esquire, their secretary and keeper of their Great Seal.

CHA. THOMPSON.

[From the original, in the clerk's office of the house of delegates, among the governor's communication of 1784.]

[Page 576 was left blank.]

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Pages 554-565 ======

Pages 577-586

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