Ohio History Journal

THREE IMPORTANT DOCUMENTS RELATING

TO WESTERN LAND CESSIONS.

 

AMONG the documents relating to western land ces-

sions brought before Congress, that are not found in the

Journals, are the three printed below. They are all of

great interest, and all difficult of access. I am not aware

that the last one has ever been printed. The first two

are found in Hening's "Statutes of Virginia," Vol. X; the

third is printed from a copy furnished by the Secretary of

State of the State of Connecticut. They are given in the

order of their appearance, accompanied by a few prefatory

remarks.

I.

THE MARYLAND DECLARATION OF DECEMBER 15, 1778.

On October 15, 1777, one of the Maryland delegates in

Congress, offered the following amendment to the Articles

of Confederation, then in course of preparation, which

received the single vote of that State:

"That the United States in Congress assembled shall

have the sole and exclusive right and power to ascertain

and fix the western boundary of such States as claim to

the Mississippi or the South Sea, and lay out the land

beyond the boundary so ascertained into separate and inde-

pendent States, from lime to time, as the numbers and cir-

cumstances of the people thereof may require."

On November 17, following, the Articles were completed

and sent to the States, with a circular letter asking for

their prompt ratification. Within a little more than a year

all of the States but Maryland yielded assent and became

parties to the Confederation. Maryland still refused. As

her ratification alone was necessary to close the circle, and

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as she was severely censured on all hands for her refusal,

she felt called upon to justify herself to her sister States

and to Congress. Her justification she put into two docu-

ments, both adopted by her Legislature the same day; one

entitled "A Declaration," and the other "Instructions to

the Maryland Delegates." The second is found in the

Secret Journals of Congress under the date of May 21,

1779. The first is as follows:

 

BY THE STATE OF MARYLAND-A DECLARATION.

WHEREAS, The general assembly of Maryland hath

heretofore resolved, "That the delegates from this state

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 assem-

bled should have full power to ascertain and fix the west-

ern 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 prop-

erty 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 from the king of

Great Britain, or the native Indians, by the blood and

treasure of all, and ought, therefore, to be a common

estate, to be granted out on terms beneficial to all the

United States, and that they should use their utmost

endeavors 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

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rule of proportion as should be determined by the United

States in congress assembled, and would pay their propor-

tions of all money issued or borrowed by congress, 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

or 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 princi-

ple 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 writ-

ing to their consideration, and the several points fully dis-

cussed and debated, and the alterations and amendments

proposed by our delegates to the confederation in conse-

quence of the aforesaid instructions by us to them given,

were rejected, and no satisfactory reasons assigned for the

rejection thereof.

We do therefore declare that we esteem it fundamen-

tally 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 confedera-

tion, should be burthened with heavy expenses for the

subduing and guarranteeing immense tracts of country, if

they are not to share any part of the monies arising from

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Documents Relating to Western Lands.        279

 

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 our-

selves; 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 afore-

said.

We declare that we mean not to subject ourselves to

such guarranty, nor will we be responsible for any part of

such expense, unless the third article and proviso afore-

said 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 individuals 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

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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 as such be appropriated by congress

towards defraying the expences of the war, and the pay-

ment of interest on monies borrowed, or to be borrowed,

on the credit of the United States from France or any

other European power, or for any other joint benefit of

the United States.

We do further declare that the exclusive claim set up by

some states to the whole western country by extending

their limits to the Mississippi or South Sea, is in our judg-

ment without any solid foundation, and we religiously

believe, will, if submitted to, prove ruinous to this state,

and to other states similarly circumstanced, and in pro-

cess of time be the means of subverting the confederation,

if it be not explained by the additional article or articles

proposed, so as to obviate all misconstruction and misin-

terpretation of those parts thereof that are hereinbefore

specified.

We entered into this just and necessary war to defend

our rights against the attacks of avarice and ambition;

we have made the most strenuous efforts during the

prosecution of it, and we are resolved to continue them

until Independence is firmly established. Hitherto we

have successfully resisted, and we hope, with the bless-

ing of Providence, for final success. If the enemy,

encouraged by the appearance of divisions among us,

and the hope of our not confederating, should carry on

hostilities longer than they otherwise would have done,

let those be responsible for the prolongation of the war,

and all its consequent calamities, who by refusing to

comply with requisitions so just and reasonable have

hitherto prevented the confederation from taking place,

and are therefore justly chargeable with every evil

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Documents Relating to Western Lands.    281

which hath flowed and may flow from such procras-

tination.

By the House of Delegates, December 15, 1778.

Read and assented to, by order,

J. DUCKETT, C. H. D.

By the Senate, December 15, 1778.

Read and assented to, by order,

R. RIDGLY, C. S.

II.

THE VIRGINIA REMONSTRANCE OF DECEMBER 14, 1779.

Virginia was the State that made the largest claims to

western lands. Disregarding the growing conviction that

these lands ought to belong to the Nation as a whole, and

not to the individual States claiming them, Virginia pre-

pared to open a land office for the sale of lands southeast

of the Ohio river. This action led certain land companies

claiming large tracts of land on that side of the Ohio,

within Virginia's alleged boundaries, to memorialize Con-

gress to take such speedy action as would arrest the sale

of the lands until Virginia and the companies could be

heard by Congress and their respective rights be ascer-

tained. Congress promptly referred these petitions to

a committee with instructions to investigate. Further-

more Congress adopted, October 30, the following reso-

lution:

"WHEREAS, The appropriation of vacant lands by the

several states during the continuance of the war will, in

the opinion of Congress, be attended with great mischiefs;

therefore,

"Resolved, That it be earnestly recommended to the

State of Virginia to re-consider their late act of assembly for

opening their land office; and that it be recommended to the

said state, and all other states similarly circumstanced, to

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forbear settling or issuing warrants for unappropriated

lands, or granting the same during the continuance of the

present war."

The onus was now shifted from Maryland to Virginia.

This remonstrance is in defense of her position.

 

VIRGINIA, to-wit:

IN GENERAL ASSEMBLY, THE 14TH DECEMBER, 1779.

 

THE REMONSTRANCE OF THE GENERAL ASSEMBLY OF

VIRGINIA TO THE DELEGATES OF THE UNITED

AMERICAN STATES IN CONGRESS ASSEMBLED.

 

The general assembly of Virginia, ever attentive to the

recommendations of congress, and desirous to give the

great council of the United States every satisfaction in

their power, consistent with the rights and constitution of

their own commonwealth, have enacted a law to prevent

present settlements on the north-west side of the Ohio

river, and will on all occasions endeavour to manifest their

attachment to the common interest of America, and their

earnest wishes to remove every cause of jealousy and pro-

mote that mutual confidence and harmony between the

different states so essential to their true interest and

safety.

Strongly impressed with these sentiments, the general

assembly of Virginia can not avoid expressing their sur-

prise and concern, upon the information that congress

had received and countenanced petitions from certain per-

sons stiling themselves the Vandalia and Indiana company's,

asserting claims to lands in defiance of the civil authority,

jurisdiction and laws of this commonwealth, and offering

to erect a separate government within the territory thereof.

Should congress assume a jurisdiction, and arrogate to

themselves a right of adjudication, not only unwarranted

by, but expressly contrary to the fundamental principles

of the confederation; superseding or controuling the inter-

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Documents Relating to Western Lands.   283

nal policy, civil regulations and municipal laws of this or

any other state, it would be a violation of public faith,

introduce a most dangerous precedent which might here-

after be urged to deprive of territory or subvert the sov-

ereignty and government of any one or more of the United

States, and establish in congress a power which in pro-

cess of time must degenerate into an intolerable despotism.

It is notorious that the Vandalia and Indiana company's

are not the only claimers of large tracts of land under

titles repugnant to our laws; that several men of great in-

fluence in some of the neighboring states are concerned in

partnerships with the Earl of Dunmore and other subjects

of the British king, who, under purchases from the Indians,

claim extensive tracts of country between the Ohio and

Mississippi rivers; and that propositions have been made

to congress evidently calculated to secure and guarranty

such purchases; so that under colour of creating a common

fund, had those propositions been adopted, the public would

have been duped by the arts of individuals, and great part

of the value of the unappropriated lands converted to

private purposes.

Congress have lately described and ascertained the

boundaries of these United States, as an ultimatum in

their terms of peace. The United States hold no territory

but in right of some one individual state in the Union;

the territory of each state from time immemorial, hath

been fixed and determined by their respective charters,

there being no other rule or criterion to judge by; should

these in any instance (when there is no disputed territory

between particular states) be abridged without the con-

sent of the states affected by it, general confusion must

ensue; each state would be subjected in its turn to the

encroachments of the others, and a field opened for future

wars and bloodshed; nor can any arguments be fairly urged

to prove that any particular tract of country, within the

limits claimed by congress on behalf of the United States,

is not part of the chartered territory of some one of them,

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but must militate with equal force against the right of

the United States in general; and tend to prove such tract

of country (if north-west of the Ohio river) part of the

British province of Canada.

When Virginia acceded to the articles of confedera-

tion, her rights of sovereignty and jurisdiction within her

own territory were reserved and secured to her, and can-

not now be infringed or altered without her consent. She

could have no latent views of extending that territory;

because it had long before been expressly and clearly de-

fined in the act which formed her new government.

The general assembly of Virginia have heretofore

offered congress to furnish lands out of their territory on

the north-west side of the Ohio river, without purchase

money, to the troops on continental establishment of such

of the confederated states as had not unappropriated

lands for that purpose, in conjunction with the other

states holding unappropriated lands, and in such propor-

tion as should be adjusted and settled by congress; which

offer when accepted they will most cheerfully make good

to the same extent, with the provision made by law for

their troops, if congress shall think fit to allow the like

quantities of land to the other troops on continental

establishment.  But although the general assembly of

Virginia would make great sacrifices to the common inter-

est of America (as they have already done on the subject

of representation) and will be ready to listen to any just

and reasonable propositions for removing the ostensible

causes of delay to the complete ratification of the con-

federation; they find themselves impelled by the duties

which they owe to their constituents, to their posterity,

to their country, and to the United States in general, to

remonstrate and protest; and they do hereby, in the name

and on behalf of the commonwealth of Virginia, expressly

protest against any jurisdiction or right of adjudication

in congress, upon the petitions of the Vandalia or Indiana

company's, or on any other matter or thing subversive of

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Documents Relating to Western Lands.    285

the internal policy, civil government or sovereignty of

this or any other of the United American States, or un-

warranted by the articles of the confederation.

NATHANIEL HARRISON, S. S.

BENJ. HARRISON, Sp. H. D.

Attest: JOHN BECKLEY, C. H. D.

III.

THE CONNECTICUT CESSION OF OCTOBER 1O, 1780.

On September 6, 1780, a committee of Congress to

whom all the documents in relation to the subject, ac-

cumulated on the table, had been referred, submitted a

report that Congress promptly adopted, as follows:

" That having duly considered the several matters to

them submitted, they conceive it unnecessary to examine

into the merits or policy of the instructions or declaration

of the general assembly of Maryland, or of the remon-

strance of the general assembly of Virginia, as they in-

volve questions, a discussion of which was declined, on

mature consideration, when the articles of confederation

were debated; nor, in the opinion of the committee, can

such questions be now revived with any prospect of con-

ciliation; that it appears more advisable to press upon these

states which can remove the embarrassments respect-

ing the western country, a liberal surrender of a portion

of their territorial claims, since they cannot be preserved

entire without endangering the stability of the general

confederacy; to remind them how indispensably neces-

sary it is to establish the federal union on a fixed and per-

manent basis, and on principles acceptable to all its re-

spective members; how essential to public credit and con-

fidence, to the support of the army, to the vigor of our

councils and success of our measures, to our tranquillity

at home, our reputation abroad, to our very existence as a

free, sovereign and independent people; that they are fully

persuaded the wisdom of the respective legislatures will

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286   Ohio Archaeological and Historical Quarterly.

lead them to a full and impartial consideration of a sub-

ject so interesting to the United States and so necessary

to the happy establishment of the federal union; that

they are confirmed in these expectations by a view of the

beforementioned act of the legislature of New York, sub-

mitted to their consideration; that this act is expressly cal-

culated to accelerate the federal alliance by removing, as

far as depends on that state, the impediment arising from

the western country, and for that purpose to yield up a

portion of territorial claim for the general benefit;

"Resolved, That copies of the several papers referred

to the committee be transmitted, with a copy of the report,

to the legislatures of the several states; and that it be

earnestly recommended to those states who have claims

to the western country to pass such laws, and give their

delegates in Congress such powers, as may effectually re-

move the only obstacle to a final ratification of the articles

of confederation; and that the legislature of Maryland be

earnestly requested to authorize their delegates in Congress

to subscribe the articles."

The following act is the reply that Connecticut made to

this appeal:

OCTOBER, 1780.

This Assembly, taking into their consideration a reso-

lution of Congress, of the 6th of September last, recom-

mending to the several States which have vacant, unap-

propriated lands lying within the limits of their respective

charters and claims to adopt measures which may effect-

ually remove the obstacle that prevents a ratification of

the Articles of Confederation, together with the papers

from the States of New York, Maryland and Virginia,

which accompanied the same, and being anxious for the

accomplishment of an event most desirable and important

to the liberty and independence of the rising Empire, will

do everything in their power to facilitate the same, not-

withstanding the objections which they have to several

parts of it.

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Documents Relating to Western Lands.    287

Resolved by this Assembly, That they will cede and relin-

quish to the United States, who shall be confederated, for

their use and benefit, their right or pre-emption of soil in,

or to so much of the vacant and unappropriated lands

claimed by this State, contained and comprehended within

the extent and limits of their charter and grant from King

Charles the Second, and which lies and extends within

the limits of the same westward of the Susquehannah

purchase, so-called, and eastward of the river Misisipi, as

shall be in just proportion of what shall be ceded and

relinquished by the other States, claiming and holding

vacant lands as aforesaid, with the quantity of such their

claims unappropriated at the time when the Congress of

the United States was first convened and held at Phila-

delphia. And it is further

Resolved, That all the lands to be ceded and relinquished

thereby, for the benefit of the confederated United States,

with respect to property, but which shall, nevertheless,

remain under the jurisdiction of this State, shall be dis-

posed of and appropriated in such manner only as the

Congress of the United States shall direct, and that a war-

rant under the authority of Congress for surveying and

laying out any part thereof, shall entitle the party, in

whose favor it shall issue, to cause the same to be laid out

and returned according to the directions of such warrant,

and thereupon the interest and title of this State shall

pass and be confirmed to the grantee for the estate speci-

fied in the said warrant, for which no other fee or reward

shall be demanded or received than such as shall be allowed

by Congress; always provided, that said lands to be granted

as aforesaid be laid out and surveyed in Townships in reg-

ular form to a suitable number of settlers, in such manner

as will best promote the settlement and cultivation of the

same according to the true spirit and principles of a repub-

lican State; and the Delegates of this State in Congress,

or any three of them, are hereby empowered and author-

ized, on behalf of this State, to agree to the location of

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such warrants and surveys as shall be made by Congress

according to, and in pursuance of, the resolves aforesaid,

and whatever may be further necessary for the same being

carried into full execution.

JANUARY, 1783.

Resolved, by this Assembly: That the Delegates of this

State in Congress be instructed and directed, and they are

hereby instructed and directed not to proceed any further

towards carrying into execution the powers, authorities

and directions to them given in and by a resolve of this

Assembly passed at their sessions in October, 1780, touch-

ing the cession and relinquishment of this State's right

in the western lands for the benefit of the confederated

United States until further order from this Assembly.

This "cession," so-called, was never accepted by Con-

gress, and in 1786 Connecticut made a second one convey-

ing all her right and title to her western claims, with the

exception of the Western Reserve.

B. A. HINSDALE.

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