The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-26

territory. When the Revolution began, ana the
Declaration Of Independence was made, two parties
sprung up about the right 10 the western lands.
One maintained tat the States respectively lau
succeeded To the crown lands within their hnlits
the other, that the confederacy or nation had sue
ceeded TO the rights and property OF the crown, as
common fund Mr. Madison held the former;
Mr. Hamilton the latter opinion. This difference
of opinion found its way into the Congress OF
the Confederation, and deeply agitated IL and the
several States, until il finally settled. In l777
the articles of confederation presented 10 the
States, leaving the question OF claims TO the west
ern territory unsettled Massachusetts and Con
necticut claimed large extent OF territory be-,
yond the Ohio; New York claimed the whole be
You'd the Alleghanies; SO did Virginia, and the
Confederacy also claimed all OF ii. In ITO, Vir-
gina formed her constitution and embraced with
IN her limits all this western territory. Against
this assumption OF title in her constitution Ia this
territory, New Jersey and Maryland especially OBJ
jected, and opposed the whole claim OF Virginia
with great pertinacity, and required that Congress
should ascertain and fix the limits westward TO the
States claiming TO the Mississippi and South Sea.
Congress called upon the states TO cede their
claims to the Western Territory. At that time
seven States asserted claims 10 portions or 70 the
whole of said territory. The State OF New York
the first to respond 10 the invitation OF Con
grcss. Instead OF demonstrating, she did then, as
she has ever done since when the interest and the
safety Of the country at stakeshe surrendered,
without conditions, her rights the altar OF that
country, and in February, 1850, passed an act au-
thorizing her commissioners 10 cede To the Conted
Grafton all the lands claimed 10 have been within
her limits and Jurisdiction, for the purpose, its
title bore, of facilitating the completion Of the arti
cles of confederation and perpetual union among
the United States Of America. On the LIST of March,
1881, she ceded her soil and jurisdiction TO the
crn lands, and on the 10Th OF October, 1852, Con
gress accepted the ccsson. January 2, ISL, Nr-
gina passed act ceding her claims TO the west
ern lands eight conditions. The act Of cesson
Of New York, OF Virginia, and Connect icut, the de-
ciaration and instructions OF Maryland, aud the
remembrance OF Virginia. were referred to com
milf .at l'nnrrr and
lions were presented on the LIST of May, 1882, and
adopted TO the following effect, that Congress do,
in behalf of the United States accept the cesson OF
the State OF New York, for the following reasons;
that il clearly appears 10 your committee that all
the lands belonging TO the Six Nations of Indians
and their tributaries have been, in due form, pot
under the protection OF the Crown of England by
the said Six Nations, as appendant TO the late gov
eminent Of New York, as tar as respects jursdic
ton ony that the citizens OF said colony have borne
the burden both 10 blood and treasure in protect
ing and supporting the said Six Nations and their
tributaries, for upwards ofone hundred years last
past, dependents and allies of the said govern
mcnt thatthe Crown of England has always con-
sidered and treated the country Of the said Six Ma
tons and their tributaries, nhabitng far north
the i5th degree OF latitude, appendant To the
government of New York; that the neighborlng
colonies OF Massachusetts,, Connecticut, Pennsylva-
mia, Maryland, and Virginia, have also, from time
10 time, by their public acts, recognised and admit
ted the said Six Nations and their tributaries to be APP
pendant To the government OF New York; that, by
Congress accepting this cession the jurisdiction OF
the whole western territory, belonging To the SIX
Nations of Indians and their tributaries, will be
vested in the United States, greatly to the advan-
tage of the Union; that Congress do earnestly
commend 10 the States of Massachusetts, and Con-
necticut to release, without delay, to the United
Statcs, all claims and pretensons OF claim to the
said western territory, without any conditions or
restrictions whatever; that Congress cannot, con-
sistendy with the interest of the United States the
duty they their constituents or the rights ne
cessarily vested in them the sovereign power of
the United States accept of the cession proposed to
be made by the State OF Virginia, or guaranty the
tract Of country claimed by them in their act Of
cession.'
The eighth condition of which required that ''all
the territory southeast of the Ohio, included be-
tween the boundaries of Pennsylvania, Maryland,
and North Carolina, TO the Atlantic, should be
guaranteed TO Virginia by the United States; and
in reference TO which the committee reported that
Congress could not agree TO guaranty To the Com
monwealth Of Virginia the land described in said
condition, without entering into discussion of the
right Of the State of Virginia To the said land.
Conceiving this condition Of guarantee 10 be
either unnecessary unreasonable, inasmuch ne,
If the land above mentioned is really the property
Of the State of Virginia, il is sufficiently secured
by the confederation; and if il is not the property
of that State, there no reason or consideration
for such guarantee
On the 10Th October, 1888, Virginia altered her
act and authorized cession TO the United States
upon the terms and conditions of the resolves of
Congress Of 18th September, l1S3; and on the LIST
OF March, 1854, Congress voted to accept the ces-
sion when the deed shall be executed; that
done, and the deed accepted by Congress.
The claim and jurisdiction of New York to this
territory might be safely left for its vndcation
the report Of this committee and the action Of Con-
gress on this subject But short reference 10
the history Of Virginia. and to her claim TO be the
owner Of this property, may clear the question Of
all doubt, proceed 20 give II.
Virginia, during the Revolutionary war, set up a
claim 10 the country beyond the Ohio riyer-her
title that territory founded upon the charter
ofI he lat In " cal led he
ginia charter. That charter granted To a corpora
ton under the name and style Of the Treasurer and
Company of Adventures and Planters Of the city
OF London, Tor the hrst colony Of Virginia, =" all
those lands, countres and territories in Virginia
from Point Comfort, 300 miles northward and 200
miles southwark along the sca-coast, and through
out from to sea, west and northwest" In 1924,
the king caused writ Of quo warranto to be Issued
for an abuse of power by the corporation, and the
patent cancelled and the franchise Of the char
ter resumed by the crown; and in August of the
same year, the king appointed, bycommission, a
governor and eleven councillors 10 reside in the
colony. 10 whom its affairs committed. Thus
ended the charter, and Virginia became n colony OF
the crown, creature Of the royal WILL subject TO be
enlarged or diminished according 10 the kings
pleasure-and remained 10 until the Revolution.
Ia 1910, Sir William Berkeley, then, and who
had been governor for thirty years, says in reply
% n inquiry Of the Lords Commissioners Of Plan
iations touching the colony under his charge, Gas
for the boundaries Of the land, il once great,
degrees in latitude, but now IL has pleased his
Majesty 10 coninc us 10 half degree; knowingly
speak this." The colonies the south, and Ma
ryland on the north had been granted out Of the
old chartered limits. To the question, what rivers
in your government; he replies, James, York,
Rappabsnnock, and Potomac-givng half de-
gree therefore, along the sea-sbore, and in the in
terror, the land drained by the rivers-all east Of
the Allegheny mountains; this was Virginia Of that
day, az understood by one who its governor for
thirty years. The French claimed the country be.
yobd the mountains it first explorers and per-
manent oocupiers, and England acquired by the
treaty Of Quebec with France, in February, 1862
the title 10 the country beyond the mountains that
was claimed by France.
The proclamation Of the King Of England, issued
the 10th Of October Of that year fixed the limits
of Virginia they then were. and az they were
nearly hundred years before, when Sir William
Berkeley gave his answers the subject and where
they ever were under the royal government. Just
before revolution, in 1862 il was seriously pro
posed by the Crown 10 establish new province in
that part Of the territory between the Allegheny
mountains and the Ohio river-embracing the pre-
sent western Virginia and part Of Kentucky-snd
no objection was made by Virginia TO the project
Of eircumscrbing her boundaries; for in l77O,
President Nelson, Of the Virginia council speaks Of
1T a. colony TO be established the back Of
Virginia. The result of the arrangement between
Congress and Virginia was, that Virginia