of for that purpose, and for no other use or purpose whatsoever. 7th. And therefore that all purchases and deeds from any Indian or Indiaus 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. 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, Pennsylva-1 nia 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 li-. quidate 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 Cession of north-western terr tory. Cession of sixth condition engaging, how the lands beyond the Ohio, shall be disposed of is sufficient on this point. north-western territory. 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, t0 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. Your committee therefore upon the whole recommend that if the legislature of Virginia make a cession conformable to this 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 1783 (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 ces sion. * Sir, Letter from delegates in Congress. ANNAPOLIS, MARCH 22, 1784. Cession of north-west ern territory. Letter from We inclose to your Excellency by the bearer, Mr. M'Alister an exemplification of the deed of cession ex delegates in ecuted according to the directions of the act of assem- congress. bly transmitted us, and have the honour to be with ve Seal of the X TO ALL TO WHOм, these presents shall U. S. 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: Form of the deed of ces. sion. Act of Virgi WHEREAS, the general assembly of the common- nia recited. wealth of Virginia, at their sessions begun on the twen tieth day of October, one thousand seven hundred and See vol. 10 eighty-three, passed an act, entitled "An act to autho- page 562. rize 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: "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 unapproppiated lands in the western country, a Deed of ces- 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 See vol. 10 and eighty one, yield to the congress of the United page 564. 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, *See ante pa. by their act of the thirteenth of September last,* stipu 667. the territory lated the terms on which they agree to accept the cession of this state should the legislature approve thereaf 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 Delegates auenacted by the General Assembly, That it shall and thorized to convey to the may be lawful for the delegates of this state to the conUnited States gress of the United States, or such of them as shall be northwest of assembled in congress, and the said delegates, or such the Ohio, &c. 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 bands 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 charter, situate, lying, and being, to the northwest, 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 Territory to af territory, not less than one hundred, nor more than que hundred and fifty miles square, or as near thereta 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 Conditions. be laid out into states, sion. ry to be rǝ French in habitants to confirmed. sovereignty, freedom, and independence, as the other Deed of cesstates. That the necessary and reasonable inexpenses curred 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 Expenses of Vi ginia in ceded or relinquished, shall be fully reimbursed by the subduing or United States: and that one commissioner shall be ap- defendingthe pointed by congress, one by this commonwealth, and ceded territo another by those two commissioners, who, or a majori-imbursed. ty 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 profes- have their sed themselves citizens of Virginia, shall have their possessions 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 post of his regiment, who marched with him when the Kaskaskies and St. Vincents were reduced, and to the officers and soldiers that have been since incorporated to be granted into the said regiment, to be laid off in one tract, the toClarke's relength of which not to exceed double the breadth, in giment. 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 dne proportion, according to the laws of Virginia. Deficienc of That in case the quantity of good land on the southeast side of the Ohio, upon the waters of Cumberland river, land, promand between the Green river and Tenessee river, which used by Vir have been reserved by law for the Virginia troops, upon gia, to be continental establishment, should, from the North Car- tween sciote olina line bearing in further upon the Cumberland lands and Little than was expected, prove insufficient for their legal Miami. 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 150,000 acres military bounties in made up be. |