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
276
Documents Relating to Western
Lands. 277
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
278
Ohio Archaeological and Historical Quarterly.
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
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
280 Ohio
Archaeological and Historical Quarterly.
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
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
282
Ohio Archaeological and Historical Quarterly.
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-
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,
284
Ohio Archaeological and Historical
Quarterly.
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
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
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.
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
288 Ohio Archaeological and Historical
Quarterly.
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.