66 Ohio Arch. and His. Society Publications.
SEC. 5. Be it further enacted, That
nothing in this act
contained shall be construed so as in
any manner to affect the
government now in force in the territory
of the United States
northwest of the Ohio River, further
than to prohibit the exer-
cise thereof within the Indiana
Territory, from and after the
aforesaid fourth of July next; Provided,
That whenever that part
of the territory of the United States
which lies to the eastward
of a line beginning at the mouth of the
Great Miami River, and
running thence due north to the
territorial line between the
United States and Canada, shall be
erected into an independent
State and admitted into the Union on an
equal footing with the
original States, thenceforth said line
shall become and remain
permanently the boundary line between
such States and the
Indiana Territory; anything in this act
contained to the con-
trary notwithstanding.
SEC. 6. And be it further enacted, That
until it shall be
otherwise ordered by the Legislatures of
the said territories re-
spectively, Chillicothe, on Scioto
River, shall be the seat of the
government of the territory of the
United States northwest of the
Ohio River; and that Saint Vincennes, on
the Wabash River,
shall be the seat of the government for
the Indiana Territory.
Approved May 7, 1800.
DEED AND ACT OF CESSION OF CONNECTICUT.
(MAY 30, 1800, 1 V. L. U. S., p. 485.)
To all who shall see these presents, I, Jonathan Trumbull,
Governor of the State of Connecticut,
send greeting:
WHEREAS, The General Assembly of the
State of Con-
necticut, at their session holden in
Hartford, on the second Thurs-
day of May, one thousand eight hundred,
passed an act, entitled
"An act renouncing the claims of
this State to certain lands
therein mentioned," in the words
following to-wit:
"WHEREAS, The Congress of the United
States, at their
session, begun and holden in the City of
Philadelphia, on the
first Monday of December, in the year
one thousand seven hun-
Deed and Act of Cession of Connecticut. 67
dred and ninety-nine, made and passed an
act, in the words
following to-wit: (here follows the act
of Congress, of the 28th
of April, 1800) therefore, in
consideration of the terms, and in
compliance with the provisions and
conditions of the said act,
Be it enacted by the Governor and
Council, and House of Repre-
sentatives, in General Court
assembled, That the State of Connecti-
cut doth hereby renounce forever, for
the use and benefit of the
United States, and of the several
individual States, who may be
therein concerned respectively, and of
all those deriving claims or
titles from them or any of them, all
territorial and jurisdictional
claims, whatever, under any grant,
charter or charters whatever, to
the soil and jurisdiction of any and all
lands whatever, lying west-
ward, northwestward, and southwestward,
of those counties in
the State of Connecticut, which are
bounded westerdly by the
eastern line of the State of New York,
as ascertained by agree-
ment between Connecticut and New York,
in the year one thous-
and seven hundred and thirty-three;
excepting only from this
renunciation, the claim of the said
State of Connecticut, and of
those claiming from or under the said
State of Connecticut, to
the soil of said tract of land, in said
act of Congress described
under the name of the Western Reserve of
Connecticut; and,
Be it further enacted, That the Governor of this State for the
time being, be, and hereby is empowered,
in the name and behalf
of this State, to execute and deliver to
the acceptance of the Presi-
dent of the United States, a deed of the
form and tenor directed
by the said act of Congress, expressly
releasing to the United
States the jurisdictional claims of the
State of Connecticut, to all
that territory called the Western
Reserve of Connecticut, accord-
ing to the description thereof in said
act of Congress, and in as
full and ample manner as therein is
required.
Therefore, know ye, that I, Jonathan
Trumbull, Governor
of the State of Connecticut, by virtue
of the powers vested in me,
as aforesaid, do, by these presents, in
the name and for and on
behalf of the said State, remise,
release and forever quit-claim,
to the United States, the jurisdictional
claim of the State of
Connecticut, to all that tract of land
called, in the aforesaid act
of Congress, the Western Reserve of
Connecticut, and as the
same therein under that name is
particularly and fully described.
68 Ohio Arch. and His. Society Publications.
In witness whereof, I have hereunto subscribed my name,
and affixed my seal, in the council
chamber at Hartford, in the
State of Connecticut, this thirtieth day
of May, in the year of
our Lord, one thousand eight hundred,
and in the twenty-fourth
year of the independence of the United
States.
JONATHAN TRUMBULL (L. S.).
TERRITORIAL ASSENT TO ALTERATION OF
BOUND-
ARY OF TERRITORY OF NORTHWEST.
ACT OF DEC. 21, 1801. FIRST SESSION GENERAL ASSEMBLY
NORTHWEST TERRITORY.
An act declaring the assent of the
territory northwest of the river Ohio to
an alteration in the ordinance for the
government thereof.
SECTION 1. That as soon as the Congress
of the United
States shall declare their assent
thereto, the aforesaid ordinance for
the government of the territory
northwest of the river Ohio, done
by the United States in Congress
assembled, on the thirteenth
day of July, in the year of our Lord one
thousand seven hundred
and eighty-seven, and of their
sovereignty and independence the
twelfth, shall be altered so far as the
same relates to the boun-
daries of the three States that are
first hereafter to be erected
in the said territory, and in the stead
thereof, the boundaries of
the said states shall be fixed and
established as follows, to wit:
The western State in the said territory
shall be bounded by the
Mississippi, the Ohio, and line
beginning at a point on the Ohio
river, where the same is intersected by
the western boundary of
the land granted to General George
Rogers Clark, and the offi-
cers and soldiers of his regiment;
thence running directly to
the head of Chickagua River; thence by
the said river to Lake
Michigan; thence by a line drawn due
north to the territorial
line between the United States and
Canada; and by the said ter-
ritorial line to the Lake of the Woods
and the Mississippi.
The middle State shall be bounded by the
eastern boundary
of the aforesaid western State, by the
Ohio River to the mouth
of the Scioto River, by the Scioto River
to the Indian boundary
line, as established in the treaty of
Greenville; by a direct line
Application to Erect the Northwest
Ter. into a State. 69
drawn from thence to the southwest
corner of the Connecticut
Reserve; thence by a line due north to
the territorial line, and
by the said territorial line.
The eastern State shall be bounded by
the said eastern boun-
dary of the middle State; by the Ohio to
the Pennsylvania line;
by the Pennsylvania line to the
territorial line, and by the said ter-
ritorial line.
Provided always, That nothing herein contained shall be in-
tended to annul or in any way affect the
authority of Congress
to form one or two States in that part
of the said territory which
lies north of an east line drawn through
the southerly bend of
Lake Michigan.
APPLICATION TO ERECT THE NORTHWEST
TERRI-
TORY INTO A STATE.
(SEVENTH CONGRESS, FIRST SESSION.
NO. 156.)
Communicated to the House of
Representatives, March 4,1802.
Mr. Giles made the following report:
The committee to whom was referred the
census of the
inhabitants of the territory northwest
of the Ohio, with instruc-
tions to report "whether any and
what, measures ought at this
time be taken, for enabling the people
of the said territory to
form a government for themselves, to be
admitted into the Union
upon the same terms with the original
States"; to whom were
also referred the representation of
sundry inhabitants of the said
territory, complaining of an act passed
by the Legislature of the
said territory for altering the boundary
lines of the State therein
as established by the ordinance of
Congress of the 13th of July,
1787, etc., etc.; and other
representations praying that provision
may be made for enabling the people of
the said territory to form
for themselves a State government, to be
admitted into the Union
upon the same footing with the original
States, etc.; after having
bestowed on these interesting subjects
all the attention their
importance requires, report:
That it appears to your committee, that
the ordinance of
the 13th of July, 1787, between the
original States and the people
and State within the territory northwest
of the river Ohio, con-
70 Ohio Arch. and His. Society Publications.
tains the following stipulation: that
"Whenever any of the said
States shall have sixty thousand free
inhabitants therein, such
State shall be admitted by its delegates
into the Congress of the
United States, on an equal footing with
the original States in
all respects whatever; and shall be at
liberty to form a permanent
constitution and State government;
provided the constitution
and government so to be formed shall be
republican, and in con-
formity to the principles contained in
these articles; and, so far
as it can be consistent with the general
interest of the confed-
eracy, such admission shall be allowed
at an earlier period, and
when there may be a less number of free
inhabitants in the State
than sixty thousand." It also
appears from the census of the
inhabitants within the eastern division
of the said territory, taken
more than twelve months since, in virtue
of a law of the United
States for that purpose, that there were
then in the said eastern
division forty-five thousand three
hundred and sixty-five inhab-
itants, from which are to be deducted
three thousand four hun-
dred inhabitants living north and west
of the line proposed for
the boundary of the said eastern
division.
It appears, that since the time of
taking the census, the
United States have sold five hundred and
fifty-three thousand
nine hundred and ninety-five acres of
lands within the eastern
division of the territory, amounting in
value to $1,147,585. It
appears, from the best information to be
procured, that, in the
year 1794, the number of inhabitants
within the present eastern
division of the territory did not exceed
six thousand. From the
progressive increase of population since
that period, and the sale
of lands recently made by the United
States, it is probable that,
before all the measures necessary for
the formation of a consti-
tution, putting into operation a State
government, and its admis-
sion into the Union, can be effectuated,
the number of inhabitants
will amount to sixty thousand; the
number requisite, according
to the terms of the ordinance, for
giving them an absolute right
of forming a constitution and State
government for themselves,
as well as the absolute right of
admission into the Union, upon
the same footing with the original
States, in all respects whatever.
It also appears to your committee, that
great and increasing
disquietudes exist among the inhabitants
within the territory,
Application to Erect the Northwest
Ter. into a State. 71
from various occasions, and particularly
in consequence of the
act lately passed for altering the
boundary lines of the States in
the territory, as established by the
ordinance of the 13th of July,
1787.
Your committee, from a due consideration
of all the fore-
going circumstances, are of opinion,
that it is at this time expe-
dient to make provisions for enabling
the people within the east-
ern division of the territory northwest
of the river Ohio to form
for themselves a constitution and State
government, to be admitted
into the Union upon the same footing
with the original States
in all respects whatever; and that such
admission, at this time,
is consistent with the general interests
of the confederacy, accord-
ing to the said ordinance, although the
number of inhabitants
may not amount to sixty thousand. The
committee therefore
recommend the following resolutions:
Resolved, 1) That provision ought at this time to be made,
by law, for enabling the inhabitants of
the eastern division of
the territory northwest of the river
Ohio to form for themselves
a constitution and State government,
provided the same be repub-
lican, and not repugnant to the
ordinance for the government of
the territory northwest of the river
Ohio, of the 13th of July,
1787, nor repugnant to the constitution
of the United States;
and also for the admission of such
State, when the government
thereof shall be formed, into the Union,
upon the same footing
with the original States, in all
respects whatever, by the name
of the State of -- -.
Resolved, 2) That the said State of ---------- ought to con-
sist of all the territory included
within the following boundaries,
to-wit:Bounded on the east by the
Pennsylvania line, running
from the territorial line in Lake Erie
to the Ohio; on the south
by the Ohio, to the mouth of the Great
Miami; on the west by a
line drawn due north, from the mouth of
the Great Miami afore-
said; and on the north by an east and
west line, drawn through
the southerly extreme of Lake Michigan,
running east, after
intersecting the due north line
aforesaid, from the mouth of the
Great Miami, until it shall intersect
Lake Erie or the terri-
torial line, and thence with the same
through Lake Erie,
to the Pennsylvania line afroesaid, or
place of beginning;
72 Ohio Arch. and His. Society Publications.
provided, that Congress shall, at any
time hereafter, be at
liberty either to attach all the
territory lying east of the line to be
drawn due north from the mouth of the
Miami aforesaid to the
territorial line, and north of an east
and west line drawn through
the southerly extreme of Lake Michigan,
running east as afore-
said to Lake Erie, to the aforesaid
State, or dispose of it other-
wise, in conformity to the fifth article
of compact between the
original States and the people and
States to be formed in the
territory northwest of the Ohio.
Resolved, 3) That provision ought to be made, by law, for
calling a convention within the eastern
division of the territory,
to be composed of members to be
apportioned amongst the
several counties therein, in a ratio of
one representative for every
---- inhabitants of the said counties,
according to the last
enumeration of inhabitants thereof; also
for fixing the time,
place, and mode of making elections of
members to compose
such convention, and the time and place
for the meeting of the
same; which convention, when met, shall
first determine, by a
majority of the members present
(provided the number present
shall be a majority of the whole number
chosen), whether it be
or be not expedient, at that time, to
form a constitution and State
government for the people within the
said territory; and if it be
determined to be expedient then, in the
next place, the conven-
tion shall be authorized to form a
constitution and State govern-
ment; provided the same shall be
republican, and not repugnant
to the ordinance of the 13th of July,
1787, between the original
States and the people and the States of
the territory northwest
of the river Ohio, nor repugnant to the
Constitution of the United
States.
Resolved, 4) That until the next general census shall be taken,
the State of ------ shall be entitled
to --- representatives
in the House of Representatives of the
United States.
The committee observed, in the ordinance
for ascertaining
the mode of disposing of lands in the
western territory of the 20th
of May, 1785, the following section,
which, so far as respects
the subject of schools, remains
unaltered:
"There shall be reserved for the
United States out of every
township, the four lots, being numbered
8, 11, 26, 29, and out
Application to Erect the Northwest
Ter. into a State. 73
of every fractional part of a township
so many lots of the same
numbers as shall be found thereon for
future sale. There shall
be reserved the lot No. 16, of every
township, for the maintenance
of public schools within the said
township; also one-third part
of all gold, silver, lead, and copper
mines, to be sold, or otherwise
disposed of as Congress shall hereafter
direct."
The committee also observed, in the
third and fourth articles
of the ordinance of the 13th of July,
1787, the following stipula-
tions, to-wit: Article three,
"Religion, morality, and knowledge
being necessary to good government and
the happiness of man-
kind, schools and the means of education
shall forever be en-
couraged," etc.
Article four, "The Legislatures of
those districts of the new
States shall never interfere with the
primary disposal of the soil
by the United States in Congress
assembled, nor with any regu-
lations Congress may find necessary for
securing the title in
such soil to the bona fide purchasers.
No tax shall be imposed
on lands the property of the United
States; and in no case shall
non-resident proprietors be taxed higher
than residents."
The committee, taking into consideration
these stipulations,
viewing the lands of the United States
within the said territory
as an important source of revenue;
deeming it also of the highest
importance to the stability and
permanence of the union of the
eastern and western parts of the United
States, that the inter-
course should, as far as possible, be
facilitated, and their interests
be liberally and mutually consulted and
promoted, are of opinion
that the provisions of the aforesaid
articles may be varied for
the reciprocal advantage of the United
States and the State of
--- --- when formed, and the people
thereof; they have there-
fore deemed it proper, in lieu of the
said provisions, to offer the
following propositions to the convention
of the Eastern State
of the said territory, when formed, for
their free acceptance or
rejection, without any condition or
restraint whatever, which,
if accepted by the convention, shall be
obligatory upon the United
States:
1st. That section No. 16, in every
township, sold, or
directed to be sold by the United
States, shall be granted to the
inhabitants of such township for the use
of schools.
74 Ohio Arch. and His. Society Publications.
2d. That the six miles reservation,
including the salt
springs, commonly called the Scioto salt
springs, shall be granted
to the State of -
when formed, for the use of the people
thereof; the same to be used under such
terms, conditions, and
regulations, as the Legislature of the
said State shall direct;
provided the said Legislature shall
never sell, nor lease the same
for a longer term than - years.
3d. That one-tenth part of the net
proceeds of the lands
lying in the said State, hereafter sold
by Congress, after deducting
all expenses incident to the same, shall
be applied to the laying
out and making turnpike or other roads,
leading from the navi-
gable waters emptying into the Atlantic
to the Ohio, and con-
tinued afterwards through the State of
------; such roads to
be laid out under the authority of
Congress, with the consent of
the several States through which the
road shall pass; provided
that the convention of the State of
- shall, on his part,
assent that every and each tract of land
sold by Congress shall
be and remain exempt from any tax laid
by order or under
authority of the State, whether for
State, county, township, or
any other purpose whatever, for the term
of ten years, from and
after the completion of the payment of
the purchase money on
such tract to the United States.
ENABLING ACT FOR OHIO-1802.
(SEVENTH CONGRESS, FIRST SESSION.)
An act to enable the people of the
eastern division of the territory north-
west of the river Ohio to form a
constitution and State government
and for the admission of such State into
the Union on an equal foot-
ing with the original States, and for
other purposes.
SECTION 1. Be it enacted by the Senate and House of
Representatives of the United States
of America in Congress as-
sembled, That the inhabitants of the eastern division of the
ter-
ritory northwest of the river Ohio, be,
and they are hereby,
authorized to form for themselves a
constitution and State gov-
ernment, and to assume such name as they
shall deem proper,.
and the said State, when formed, shall
be admitted into the Union
66 Ohio Arch. and His. Society Publications.
SEC. 5. Be it further enacted, That
nothing in this act
contained shall be construed so as in
any manner to affect the
government now in force in the territory
of the United States
northwest of the Ohio River, further
than to prohibit the exer-
cise thereof within the Indiana
Territory, from and after the
aforesaid fourth of July next; Provided,
That whenever that part
of the territory of the United States
which lies to the eastward
of a line beginning at the mouth of the
Great Miami River, and
running thence due north to the
territorial line between the
United States and Canada, shall be
erected into an independent
State and admitted into the Union on an
equal footing with the
original States, thenceforth said line
shall become and remain
permanently the boundary line between
such States and the
Indiana Territory; anything in this act
contained to the con-
trary notwithstanding.
SEC. 6. And be it further enacted, That
until it shall be
otherwise ordered by the Legislatures of
the said territories re-
spectively, Chillicothe, on Scioto
River, shall be the seat of the
government of the territory of the
United States northwest of the
Ohio River; and that Saint Vincennes, on
the Wabash River,
shall be the seat of the government for
the Indiana Territory.
Approved May 7, 1800.
DEED AND ACT OF CESSION OF CONNECTICUT.
(MAY 30, 1800, 1 V. L. U. S., p. 485.)
To all who shall see these presents, I, Jonathan Trumbull,
Governor of the State of Connecticut,
send greeting:
WHEREAS, The General Assembly of the
State of Con-
necticut, at their session holden in
Hartford, on the second Thurs-
day of May, one thousand eight hundred,
passed an act, entitled
"An act renouncing the claims of
this State to certain lands
therein mentioned," in the words
following to-wit:
"WHEREAS, The Congress of the United
States, at their
session, begun and holden in the City of
Philadelphia, on the
first Monday of December, in the year
one thousand seven hun-