and eighty-one, yield to the Congress of the United 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.

III. AND whereas the United States in Congress assem bled, have by their Act of the thirteenth of September last, stipulated the terms on which they agree to accept the cession of this State, should the Legislature approve thereof, 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 enacted by the General Assembly, that it shall and may be lawful for the Delegates of this State to the Congress of the United States, or such of them as shall be assembled in Congress, and the said Delegates, or such 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 hands 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 North-west 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 of territory, not less than one hundred, nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit; and that the States so formed, shall be distinct Republican States, and admitted members of the Foederal Union having the same rights of sovereignty, freedom, and independence, as the other States; that the necessary and reasonable expences

incurred 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 ceded or relinquished, shall be fully reimbursed by the United States; and that one Commissioner shall be appointed by Congress, one by this Commonwealth, and another by those two Commissioners, who, or a majority 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 expences. 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, shall have their 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 his regiment, who marched with him when the posts of Kaskaskies and St. Vincents were reduced, and to the 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 a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers in due proportion according to the laws of Virginia. 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 Miami, on the North-west side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for or appropriated

to any of the beforementioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become members of the Confederation or Foederal Alliance of the said States, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever. Provided, that the trust hereby reposed in the Delegates of this State shall not be executed unless three of them, at least, are present in Congress."-Acts of Assembly, 1736-1794, pp. 15-16.

AND WHEREAS the said general assembly, by their resolution of June sixth, one thousand seven hundred and eighty-three, had constituted and appointed us the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, delegates to represent the said commonwealth in Congress for one year, from the first Monday in November then next following, which resolution remains in full force: Now THEREFORE KNOW YE, that we the said Thomas Jeffer son, Samuel Hardy, Arthur Lee and James Monroe, by virtue of the power and authority committed to us by the act of the said general assembly of Virginia before recited, and in the name, and for and on behalf of the said commonwealth, do by these presents convey, transfer, assign, and make over unto the United States in Congress assembled, for the benefit of the said states, Virginia inclusive, all right, title and claim, as well of soil as of jurisdiction, which the said commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying and being to the north-west of the river Ohio, to and for the uses and purposes, and on the conditions of the said recited act. -Journals of Congress, IX., 67-70.

APRIL 29, 1784. CONGRESS URGES CESSION.

Congress by their resolution of September 6, 1780, having thought it adviseable to press upon the states having claims to the western country, a liberal surrender of a portion of their territorial claims; by that of the 10th of October, in the

same year, having fixed conditions to which the union should be bound on receiving such cessions: and having again proposed the same subject to those states, in their address of April 18th, 1783, wherein, stating the national debt, and expressing their reliance for its discharge, on the prospect of vacant territory, in aid of other resources, they, for that purpose, as well as to obviate disagreeable controversies and confusions, included in the same recommendations, a renewal of those of September 6th, and of October the 10th, 1780; which several recommendations have not yet been fully complied with: Resolved, That the same subject be again presented to the attention of the said states; that they be urged to consider that the war being now brought to a happy termination by the personal services of our soldiers, the supplies of property by our citizens, and loans of money from them as well as from foreigners; these several creditors have a right to expect that funds shall be provided on which they may rely for indemnification; that Congress still consider vacant territory as an important resource: and that therefore the said states be earnestly pressed, by immediate and liberal cessions, to forward these necessary ends, and to promote the harmony of the union.”—Journals of Congress, IX., 184–5.

APRIL 19, 1785. MASSACHUSETTS CESSION.

To all who shall see these presents, we Samuel Holten and Rufus King, the underwritten delegates for the commonwealth of Massachusetts in the Congress of the United States of America, send greeting.

Whereas the general court of Massachusetts, on the thirteenth day of November, in the year of our Lord one thousand seven hundred and eighty four, passed an act entitled," An Act empowering the Delegates of this Commonwealth, in the United States in Congress assembled, to relinquish to the United States certain Lands, the Property of this Commonwealth," in the words following: "WHEREAS several of the States in the union, have at present no interest in the great and extensive tract of uncultivated country, lying in the westerly part of the United States, and it may be reasonable that the States abovementioned should be interested in the aforesaid country:

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the delegates of this Commonwealth, in the United States in Congress assembled, or any three of the said delegates, be, and they hereby are authorized and empowered for and in behalf of this Commonwealth, to cede or relinquish, by authentic conveyance or conveyances, to the United States, to be disposed of for the common benefit of the same, agreeably to a resolve of Congress, of October the tenth, one thousand seven hundred and eighty, such part of that tract of land belonging to this Commonwealth, which lies between the rivers Hudson and Mississippi, as they may think proper; and to make the said cession in such manner and on such conditions as shall appear to them to be most suitable." And whereas the said general court, on the seventeenth day of March, in the year of our Lord one thousand seven hundred and eighty five, passed one other act entitled, "An Act in Addition to an Act, entitled 'An Act empowering the Delegates of this Commonwealth, in the United States in Congress assembled, to relinquish to the United States, certain Lands the Property of this Commonwealth," in the words following: "WHEREAS by the act aforesaid, three delegates representing this State in Congress, are necessary to make the cession aforesaid, and it may be necessary that the said business should be performed by a less number of the said delegates: Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any two delegates representing this Commonwealth in Congress, be, and hereby are authorized and empowered, to do and perform all matters and things which by the act aforesaid might be done and performed by any three delegates as aforesaid, anything in the aforesaid act notwithstanding." And whereas the said general court on the seventeenth day of June, in the aforesaid year of our Lord one thousand seven hundred and eighty four, did nominate and appoint the aforesaid Samuel Holten, and on the third day of November following, the aforesaid Rufus King, delegates to represent the said commonwealth of Massachusetts in the Congress of the United States of America, for one year, from the first Monday of November in the said year, one thousand seven hundred and