A motion was made by Mr. Howell, seconded by Mr. Higginson, that the preamble be struck out: and on the question, shall the preamble stand? the yeas and nays being required by Mr. Mercer,

So the question was lost, and the preamble was struck out.

The previous question was then moved on the resolution by the state of New-York, and seconded by the state of Connecticut; and on the question to agree to the previous question, the yeas and nays being required by Mr. Mercer,

THURSDAY, September 11, 1783.

On motion of Mr. M'Henry, seconded by Mr. Peters,

Resolved, That the secretary at war be, and he is hereby directed to issue to captain North, aid-de-camp to major-general the baron Steuben, the brevet commission of major in the army of the United States.

Congress resumed the consideration of the report of the committee on the cession of Virginia; after debate, a motion was made by Mr. M'Henry, seconded by Mr. Carroll,

That the consideration of the report on the cession from Virginia, be postponed till Thursday next, in order that notice may be given to the states of New-Jersey and Delaware, or those states which it may be reasonably expected can give their attendance.

A motion was made by Mr. Higginson, seconded by Mr. Holten, to strike out what follows the words "Thursday next:" And on the question, shall those words stand? the yeas and nays being required by Mr. Carroll,

So it passed in the negative, and the words were struck out.

On the question to agree to the motion as amended, the yeas and nays being

required by Mr. Bland,

A memorial from the hon. the minister plenipotentiary of France, was read, enclosing a commission of chevalier D'Annemours, consul-general of France, in the state of Maryland, the commonwealth of Virginia and the states of NorthCarolina, South Carolina and Georgia; Whereupon,

Ordered, That the commission be registered, and that it be recognised, and an exequatur issued in due form.

Congress resumed the consideration of the report of the committee on the. Virginia cession, and the same being amended, a motion was made by Mr. Carroll, seconded by Mr. M'Henry, to postpone the further consideration of the report, in order to take up the following:

"Whereas by the 6th article of the preliminary articles of peace between his Britannic majesty, and their most Christian and Catholic majesties, signed on the 3d day of November, 1762, and ratified the 10th day of February, 1765, it is stipulated and agreed, that, "the confines between the dominions of Great-Britain and France, on the continent of North-America, shall be irrevocably fixed by a line drawn along the middle of the river Mississippi, from its source as far as the river Iberville, and from thence by a line drawn along the middle of this river, and of the lakes Maurepas and Pontchartrain to the sea; and to this purpose the most Christian king ceded in full right, and guarantees to his Britannic majesty, the river and port of Mobile, and every thing that he possesses on the left side of the river Mississippi, except the town of NewOrleans, and the island on which it is situated, which shall remain to France; provided that the navigation of the river Mississippi, shall be equally free to the subjects of Great-Britain and France, in its whole breadth and length from its source to the sea, and that part expressly which is between the said island of New-Orleans, and the right bank of that river, as well as the passage both in and out of its mouth. And whereas by the 19th article of the said treaty, his Catholic majesty cedes and guarantees in full right to his Britannic majesty, all that Spain possesses in the continent of N.-America, to the east or to the southeast of the river Mississippi." And whereas by the articles of treaty between Great-Britain and the United States, done at Paris the 30th day of November, 1782, the boundaries of the United States are set forth, described and agreed to be by the 2d article of the said treaty, viz. "From the north-west angle of Nova-Scotia, viz. that angle which is formed by a line drawn due north from the source of St. Croix river, to the Highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the north-westernmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said lake, until it arrives at the water communication between that lake and lake Huron; thence along the middle of said water communication into lake Huron; thence through the middle of the said lake to

the water communication between that and lake Superior; thence through lake Superior northward of the isles, Royal and Philipeaux, to the Long lake; thence through the middle of said Long lake and the water communication between it and the lake of the Woods, to the said lake of the Woods; thence through the said lake to the most north-western point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the 31st degree of north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of 31 degrees north of the equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint river; thence straight to the head of St Mary's river; and thence down along the middle of St. Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy to its source, and from its source directly north to the aforesaid Highlands which divide the rivers that fall into the Atlantic ocean, from those which fall into the river St. Lawrence: comprehending all islands within 20 leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between NovaScotia on the one part, and East-Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean; excepting such islands as now are or heretofore have been within the limits of the said province of Nova-Scotia." And whereas by the 6th and 11th articles of the treaty of alliance, eventual and defensive, between the most Christian king, and the United States, signed at Paris the 6th of February, 1778, and ratified by the United States in Congress assembled, the 4th day of May, 1778, the most Christian king renounces for ever the possession of the islands of Bermudas, as well as of any part of the continent of North-America, which before the treaty of Paris in 1763, or in virtue of that treaty, were acknowledged to belong to the crown of Great-Britain or to the United States, heretofore called British colonies, or which are at this time, or have lately been under the power of the king and crown of GreatBritain, and guarantees to the United States, their possessions and the additions or conquests that their confederation may obtain during the war, from any of the dominions now or heretofore possessed by Great-Britain in NorthAmerica. And whereas the territory ceded and guaranteed as aforesaid, comprehends a large extent of country lying without the lines, limits or acknowledged boundaries of any of the United States, over which, or any part of which, no state can or ought to exercise any sovereign, legislative or jurisdictional faculty, the same being acquired under the confederation, and by the joint and united efforts of all. And whereas several of the states acceded to the confederation under the idea held forth by the state of Maryland, in her instructions to her delegates, entered on the journals of Congress, May 21st, 1779, viz. "that a country unsettled at the commencement of this war, claimed by the British crown, and ceded to it by the treaty of Paris, if wrested from the common enemy, by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by Congress, into free, convenient and independent governments, in such manner, and at such times, as the wisdom of that assembly shall hereafter direct." And whereas the said state of Maryland, especially for herself, provides and declares, in an act entered on the journals of Congress, the 12th February, 1781, entitled an act to empower the delegates of this state in Congress, to subscribe and ratify the articles of confederation, viz. "that by acceding to the said confederation, this state doth not relinquish or intend to relinquish any right or interest she hath with the other united or confederated states, to the back country; but claims the same as fully as was done by the legislature of this state, in their declaration which stands entered on the journals of Congress; this state relying on the justice of the several states hereafter, as to the said claim made by this

state." And whereas the United States have succeeded to the sovereignty over the western territory, and are thereby vested as one undivided and independent nation, with all and every power and right exercised by the king of Great-Britain, over the said territory, or the lands lying and situated without the boundaries of the several states, and within the limits above described; and whereas the western territory ceded by France and Spain to Great-Britain, relinquished to the United States by Great-Britain, and guaranteed to the United States by France as aforesaid, if properly managed, will enable the * United States to comply with their promises of land to their officers and sol- diers; will relieve their citizens from much of the weight of taxation; will be a means of restoring national credit, and if cast into new states, will tend to increase the general happiness of mankind, by rendering the purchase of land easy, and the possession of liberty permanent; therefore

Resolved, That a committee be appointed to report the territory lying without the boundaries of the several states, and within the limits of the United States, and to report the most eligible part or parcels thereof, for one or more convenient and independent states; and also to report an establishment for a land-office."

On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. Carroll,

The report as amended, is as follows:

The committee, consisting of Mr. Rutledge, Mr. Ellsworth, Mr. Bedford, Mr. Gorham and Mr. Madison, to whom were referred the act of the legislature of Virginia, of the 2d January, 1781, and the report thereon; report, that they have considered the several matters referred to them, and observe, that the legislature of Virginia, by their act of the 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 conditions, viz.

1. That the territory so ceded, should be laid out and formed into states, containing a suitable extent of territory, not less than 100 nor more than 150 miles square, or as near thereto as circumstances will admit: and that the states so formed, should be distinct republican states, and admitted members of the federal union; having the same rights of sovereignty, fredom and independence as the other states.

2. That Virginia should be allowed and fully reimbursed by the United States, her actual expenses in reducing the British posts at the Kaskaskies and St. Vincents, the expenses 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 titles confirmed

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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.

4. As colonel George Rogers Clarke, planned and executed the secret expedition by which the British posts were reduced, and was promised if the enterprize 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 150,000 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.

5. 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 Tennessee 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.

6. 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 federal 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 of for that purpose, and for no other use or purpose whatsoever.

7. 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.

8. 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 2d condition so far as has been heretofore provided for by the act of the 10th of 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 expenses incurred by the said state, which they may judge. to be comprised 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.