The demand upon the resources of the colonies for carrying on the Revolutionary war, caused the western land question to assume a new and complicated phase, which led ultimately, through State cessions, to the nationalization of the  entire Western territory.  This was in the nature of a contest between those states which laid claim to Western lands by virtue of their colonial charters and those which had no such claim.  The latter included New Hampshire, Rhode Island, New Jersey, and Delaware, which were confined to the Atlantic plain, and Pennsylvania, which now had a definite western boundary just beyond the Forks of the Ohio.
     On Oct. 14, 1777, the following rule was adopted by Congress and became a part of the Articles of Confederation:
     "All charges of war and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury which shall be supplied by the several States, in proportion to the value of all land within each State granted to, or surveyed for, any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled shall from time to time direct and appoint."

MARYLAND'S PROPOSAL

     The land issue was first raised on the following day, when the proposition was submitted by Maryland "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 independent States, from time to time, as the numbers and circumstances of the people thereof may require."
     This was the first proposition that Congress should exercise sovereign jurisdiction over the Western country, and was a plain proposition to nationalize the lands.  It met with immediate opposition from the claimant States, who on October 27th caused to be inserted in the Articles a clause to the effect that the United States in Congress assembled

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should be "the last resort, on appeal, in all disputes and differences between two or more States concerning boundaries, jurisdiction or any other cause whatever," and further declared that "No State shall be deprived of territory for the benefit of the United States."  Massachusetts, Rhode Island, New York, Pennsylvania, Virginia and North Carolina voted for the amendment; New Hampshire voted against it; New Jersey and South Carolina were divided; Maryland and Georgia were not present or did not vote, and Connecticut was not counted, as but one member was present.

NATIONAL OWNERSHIP PROPOSED BY RHODE ISLAND.

     When a month later Congress sent a circular letter to the several States requesting the ratification of the Articles, a number of amendments were proposed, some of which related to the land question.  Maryland revived her proposition of the year before, though in a slightly modified form, and was supported by Rhode Island, New Jersey, Pennsylvania, and Delaware, all non-claimant States.  The claimant States in general, with New Hampshire, voted against it; New York was divided, with North Carolina and Georgia not present or not voting.  Rhode Island submitted an amendment providing for the national ownership of all lands within the States, the property of which before the war was vested in the Crown of Great Britain, the jurisdiction to remain with the States to which such lands severally belonged.  This was lost by a vote of nine to one.
     New Jersey proposed that Congress should have power to dispose of all vacant and unpatented lands, commonly called Crown lands for the purpose of defraying the expenses of the wr, with the same provision as to jurisdiction as in the case of Rhode Island.  Though all these amendments were voted down, it was apparent that "the opposition to the land claims of the claimant States was broadening and deepening."

DELAY IN RATIFYING THE ARTICLES.

     There was a delay on the part of several States in ratifying the Articles.  Delaware wished Congress to assign moderate limits to those States claiming to the Mississippi, and also declared that the western lands ought to be "common estate to be granted out on terms beneficial to the United States," since they had been, or must be, gained by the blood and treasure of all.  She finally, however, ratified the Articles, as did also New Jersey and Georgia, being willing to trust to the wisdom of future deliberations for "such alterations and amendments as experience might show to be expedient and just."
     Maryland still held back, basing her op position on the ground that it was contrary to every principle of equity and good policy "that Maryland or any other State entering into the Confederation should be burdened with heavy expenses for the subduing and guaranteeing of immense tracts of country, if she is not in any way to be benefitted thereby.  She held out for the right of Congress to fix the western limits of the States claiming to the Mississippi river, and also for a national claim to the lands lying to the westward of the frontiers thus fixed, besides protesting against the exclusive claim set up by some States to the whole western country without any solid foundation, which she declared, would, if persisted in, "prove ruinous to the interests of Maryland and other States similarly situated, and in process of time be the means of subverting the confederacy."
     The manner in which these results would be brought about was thus described:
     "Virginia, by selling on the most moderate terms a small proportion of the lands in question, would draw into her treasury vast sums of money; and in proporton to the sums arising from such sales, would be enabled to lessen her taxes.  Lands comparatively cheap and taxes comparatively low, with the lands and taxes of an adjacent State, would quickly drain the States thus disadvantageously circumstanced of its most

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useful inhabitants; its wealth and its consequence in the scale of the confederated States would sink of course.  A claim so injurious to more than one-half, if not to the whole of the United States, ought to be supported by the clearest evidence of the right.  Yet what evidence of that right have been produced? What arguments alleged in support either of the evidence or the right?  None that we have heard of deserving a serious refutation."

CLAIMS OF THE INDIANA AND OTHER COMPANIES.

     This description evidences the somewhat exaggerated estimate of the value of wild lands then prevalent both with Congress and the States.  Such lands in the long run have not been found a source of revenue by the government.
     As Maryland persisted in her refusal to ratify the Articles of Confederation unless they were amended in accordance with the spirit of her proposition of 1777, the machinery for filling the treasury and recruiting the army could not be set in motion and a condition ensued which threatened serious injury to the national cause.  In May, 1779, Virginia, in disregard of the growing sentiment in favor of endowing the United States with the western lands, opened a land office and made preparations to sell lands in the western territory claimed by her.  This proceeding, however, was interrupted by a memorial signed by George Morgan and presented to Congress on behalf of certain persons who claimed title by virtue of a grant received from the Six Nations, at the Fort Stanwix Congress, of a tract of land on the south side of the Ohio river between the southern limit of Pennsylvania and the little Kanawha river.  This tract, called Indiana, as included within the bounds of a larger tract called Vandalia, was, they asserted, separated by the King in Council from the domain which Virginia claimed over it, and was not subject to the jurisdiction of Virginia or of any particular State, but of the United States.  Hence the memorialists prayed Congress to take such action as should arrest the sale of lands until the rights of the owners of the tract called Vandalia could be ascertained, and the sovereignty of the United States and the just rights of individuals supported.  Another memorial, of individuals supported.  Another memorial, signed by William Trent, on behalf of Thomas Walpole and his associates in the Grand Company was presented at the same time.  After some opposition on the part of New Hampshire, Massachusetts, Virginia and both Carolinas, both memorials were referred to a committee.  The committee was also instructed to inquire into the question of the jurisdiction of Congress over this matter, the right of such jurisdiction having been denied by Virginia.
     On October 29th the committee reported that they "could not find any such distinction between the question of the jurisdiction of Congress and the merits of the cause as to recommend any decision upon the first separately from the last."
     Maryland then offered another resolution against the apportionment of vacant lands during the continuance of the war.  This was voted against only by Virginia and North Carolina, New York being undecided.  In December Virginia addressed a remonstrance to Congress, protesting against the action of that body in hearing the petitions from the Indiana and Vandalia companies, as being a matter out side the jurisdiction of that body, and asserting the rights of the claimant States to the lands described in their respective charters.  She also called attention to the fact that she had already enacted a law to prevent further settlements on the northwest bank of the Ohio river.  In addition, she declared herself willing to furnish lands northwest of the Ohio to the troops of the Continental establishment of such of the States as had not unappropriated lands for that purpose.  "Indeed it was clear that a denial of the Western titles on the ground that the western lands belonged to the Crown, tended to subvert the very foundation on which Congress instructed its foreign representatives to stand while contending with England.  France, and Spain for a westward extension

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to the Mississippi."  Thus Congress wisely kept clear of the Maryland doctrine and eventually worked out a solution of the Western question. on the principle of compromise and concession.

NEW YORK MAKES THE FIRST CESSION.

     New York led the way, in January, 1780, to a practical solution of the difficult question, by authorizing its delegates in Congress to limit and restrict its boundaries in the western parts by such lines and in such manner as they should judge to be expedient "with respect either to the jurisdiction, or right of soil or both; (2) that the territory so ceded shall be and inure for the use and benefit of such of the United States as shall become members of the Federal alliance of the said States, and for no other use or purpose whatever; (3) that such of the lands so ceded, as shall remain within the jurisdiction of the State, shall be surveyed, laid out, and disposed of only as Congress may direct."
     This act, which was thought by Prof. Adams to be the direct result of Maryland's influence, was the first of the State cessions and immediately changed the whole situation.  A committee to whom all the documents in the case had been referred, on Sept. 6, 1780, submitted a report in which they declared that they had considered it "unnecessary to examine into the merits or policy of the instructions or declaration of the general assembly of Maryland, or of the remonstrance of the general assembly of Virginia, as they involve 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 conciliation.  That it appears more advisable to press upon those States which can remove the embarrassments respecting 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 necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confidence, to the support of the army, to the vigor of our councils, and success of our measures, to our tranquility 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 lead them to a full and impartial consideration of a subject 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 review of the before-mentioned act of the legislature of New York, submitted to their consideration; that this act is expressly calculated 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 remove 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 to the Articles."
     "This report," says Hinsdale, "was agreed to without call of the roll.  Its adoption marks a memorable day in the history of the land controversy.  No other document extant shows so clearly the wise policy that Congress adopted.  That policy was neither to affirm nor to deny, nor even to discuss, whether Congress had jurisdiction over the wild lands, but to ask for cessions and to trust to the logic of events to work out the issue.  The appeal made to Maryland was one that she could not well refuse to heed.  And then, that nothing but selfish interest might stand in the way of the other

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claimant States following the example of New York, Congress adopted, October 10th, this further resolution:
     "Resolved, That the unappropriated lands that may be ceded or relinquished to the United States, by any particular State, pursuant to the recommendation of Congress of the sixth day of September last, shall be disposed of for the common benefit of the United States, and be settled or formed into distinct Republican States, which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence as the other States: That each state which shall be so formed shall have a suitable extent of territory, not less than one hundred or more than one hundred and fifty miles square, as near thereto as circumstances will admit: That the necessary and reasonable expenses which any particular State shall have incurred since the commencement of the present war, in subduing any British posts, or in maintaining forts and garrisons within and for the defence, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed;
     "That the said lands shall be granted or settled at such times and under such regulations as shall hereafter be agreed on by the United States in Congress assembled, or by any nine or more of them."
     The papers sent to the claimant States under the resolution of September 6th called forth early responses.  On October l0th, by a legislative act, Connecticut offered to cede lands within her charter limits, west of the Susquehanna purchase and east of the Mississippi, on condition that the State retain the jurisdiction, the quantity of land so ceded to be "in just proportion of what shall be ceded and relinquished by the other States claiming and holding vacant lands as aforesaid," etc.
     Virginia responded in January, 1781, by making conditional cessions of lands northwest of the Ohio, which action, though it left some things undecided, was followed, on February 2d, by the ratification of the Articles of Confederation on the part of Maryland.  The principal condition insisted upon by Virginia was a guarantee of her remaining territory by the United States.  This met with opposition from New York, who thought it unjust that she should be asked to guarantee the reserved territories of other states while receiving no guarantee of those which she had herself reserved, and it was some time before this matter was satisfactorily adjusted.
 

UNCONDITIONAL CESSIONS URGED BY CONGRESS.

     Committees were appointed by Congress early in 1781 to deal with all difficult questions arising out of the land issue, and as these questions were many and complicated, they will not here be considered in detail.  The committee reported in November, 1781, and among other things, their reports strongly urged Massachusetts and Connecticut to make an immediate release of all their claims and pretentions to Western territory without condition or reservation.  Virginia's cession was not accepted, by reason of the guarantee demanded, the validity of her claim being denied.  She was also recommended to make an unconditional cession of all her claim to Western lands.
     This report was never acted upon as a whole, and soon the land issue became complicated with other subjects, as the national finances.

TRIUMPH OF THE NATIONAL IDEA.

     It would occupy too much space to follow the gradual growth of the national idea through all its phases to its culmination in the final and unconditional cessions of their territories by the claimant States to the national government.  This result was gradually reached by a series of partial concessions and adjustments as the only final solution of the much-vexed question.  Connecticut was the last to relinquish her claims.  On Sept. 14, 1786, she ceded to Congress all her "right, title, interest, jurisdiction, and claim to the lands northwest of the Ohio, excepting the Connecticut Western Reserve."  Of this tract jurisdictional claim was not ceded to the United States until May 30, 1800.  As long as the confederation lasted the

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lands were not and could not be fully nationalized, as the Articles gave Congress no resources except such as came from the States.  Accordingly the deeds made to the United States stipulated that the lands and their proceeds should be distributed among all the States in the Union; and this was the principle upon which the land act of 1785 was based.  When the Constitution went into effect it fully nationalized the public domain.

END OF CHAPTER IX -