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Land-Boun- the governor, to be sent by him to our delegates in congress, the words and upon their own state establish ment, it is presumed, were accidentally omitted. (See the note to page 565 of vol. 10, and the note to the deed of cession, in a subsequent part of this volume.) Oct.1779ch.9. By the act of October, 1779, chapter 9, the bounty Chaplain's, in lands, to chaplains, surgeons, and surgeon's mates, surgeons, and serving three years, or during the war, is declared to surgeon's mates. be equal to commissioned officers, receiving the same pay and rations. (See yol. 10. pa. 141.)

Oct. 1779, ch, 21, sec. 2. Quantity of land allowed officers and soldiers, in the land ser vice and na

As to the quantity of land, the act of October 1779, ch. 21, sect. 2, seems to have been the first law which fixed, with precision, the proportions of the officers and soldiers; on the coutinental and state establishments, and in the navy. (See vol. 10, pa, 160.) They are as follow;

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Soldier or sailor.

100

Officers and soldiers, allowed one sixth, in addition to former bounties, for every years service over six. May 1782, ch. 47, sec. 9.

Brigadier general. 10,000 By act of October, 1780, ch. 27, sec. 4.

This allowance of 300 acres of land, to soldiers, who should serve to the end of the war, having been overlooked, in practice
has given rise to many conjectures It has been supposed either that the law had been repealed, or that as the provision contained
in the same clause, for granting a negro, or sixty pounds at the option of the soldier, had never been demanded, some other law had
been passed, which superseded this act. To these objections, it may be answered,

1. That no law repealing that of October 1780, ch 3, giving the bounty of 300 acres of land, can be found on our statute book.
On the contrary, an act of the next session (March, 1781, ch. 2,) expressly recognizes it as being in force, and gives further time for
carrying some of its provisions, which were executory, into effect. Indeed it cannot be conceived how a law vesting such absolute
rights, could be repealed 2. The depreciation of paper money was so great, at this period, that it was no longer an inducement to
offer it. The negro, or the sixty pounds was intended to make good the pay; the land was a gratuity, a bounty. By a subsequent law
(November 1781, ch. 19) reciting the depreciation of paper money, and expressing the disposition of the legislature to do justice
to the officers and soldiers, their whole pay is made good from the 1st of January, 1777, thus superseding the act of October, 1780
as to the pay, but not as to the bounty.

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Cession of Cession of North Western territory.

north-west

ern territory.

On this important subject, a number of papers were inserted at the end of the tenth volume. The resolution of Virginia, for ceding the north-western territory to the United States, commences on page 564. This resolution was printed verbatim from the original manuscript, preserved in the clerk's office of the house of delegates. In a note to page 565, the editor has expressed his conviction, that the words "and upon their own state establishment," which are in the original, were accidently omitted in the copy sent to the governor, or in some subsequent proceedings founded upon it. He is now satisfied that the mistake originated in the first copy of the resolution, made for the governor, in the clerk's office of the house of delegates. In the original manuscript, the word "establishment" occurs in the first and last word of the line, as in the following extract, which is printed, word for word, and line for line with the original.

"That in case the quantity of good lands of the south-east side of the Ohio upon the waters of Cumberland river and between the Green river and the Tenissee river which have been reserved by law for the Virginia Troops upon continental establishment and upon their own state establishment should (from the North Carolina line bearing in further uyon the Cumberland lands those was excepted) prove insufficient for their legal bounties the deficiency shall 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.”

The eye of the copyist, after writing the word "establishment," where it first occurs, glanced at the original, and seeing the same word again at the end of the line, passed on to the next line; a circumstance which frequently occurs in copying.

The following resolution of congress, of the 13th of September 1783, which professes to recite all the conditions of our resolution for ceding the north western territory, omits the words "and upon their own state establishment," which is conclusive proof that those words were not contained in the copy sent by the gover

north-western territory.

nor, to our delegates in congress; because all the other Cession of conditions being truly recited, that stipulating the reservation of land for the officers and soldiers, would also have contained the words "and upon their own state establishment" had they been in the copy.

BY THE UNITED States in CONGRESS ASSEMBLED.

September 13th, 1783.

Congress resumed the consideration of the report of the committee on the Virginia cession and the same being amended, to read as follows.

"The committee, to whom were referred the act of the legislature of Virginia, of the 2nd of 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:

1st. That the territory so ceded should 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 would admit; and that the states so formed should be distinct republican states, and admitted members of the foederal union, having the same rights of sovereignty, freedom, and independence as the other

states.

2d. That Virginia should be allowed and fully reimbursed by the United states, her actual expences in reducing the British posts at the Kaskaskies and St. Vincents; the expence 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

north-west

Cession of titles confirmed to them, and should be protected in the ern territory, 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. 4th. 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 one hundred and fifty thousand 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 Obio, 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.

5th. 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 Tenessee 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.

6th. 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 dispo sed 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 fœderal 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

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