THE BIRTH OF THE STATES.

CESSION OF GREAT BRITAIN.

From the previously named patents, charters, and grants grew the thirteen colonies. When they became States, Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, and Georgia, having no defined western limit (only latitudinal lines being mentioned), their territorial extension ended with the lands of Great Britain, the Mississippi River, the only intervening lands excepted being those "actually possessed by any Christian prince or people."

When the Revolution ceased, it was contended by the "non-vacant lands," States, or those having no chartered extension to the west, that in justice to them, on the ground they had made common cause in securing independence, the land wrested by joint effort, the "western lands," should be considered territories of the General Government, to be shared in common for the benefit of all; that is, be joint property.

The "claimant States" were Massachusetts, Connecticut, Virginia, North Carolina, and South Carolina, boundaries unlimited westerly.

The "non-claimant States" were New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, and Maryland, boundaries exactly defined. New Jersey, Delaware, and Maryland had fixed western boundaries, consequently no legal claim to a share in the western extension; they were called the "recalcitrant States."

Massachusetts based claim on charter of William and Mary, 1691.
Connecticut, on charter, Charles II., 1662.

Virginia, on charter, James I., 1609.

New York, on her treaty with the Six Indian Nations and allies, of lands lying between Lake Erie and the Cumberland Mountains, the Ohio River and a portion of Kentucky.

"Claimant States" expected great revenues from their western lands by which to pay their debts.

"Non-claimant States," being landless, regarded with jealousy the wealth of the others.

The "claimants" secured the insertion of a provision in the Articles of Confederation, that no State should be deprived of territory for the benefit of the United States.

Maryland positively refused to sign the Articles while the above provision was retained.

May 21, 1779. Protest of Maryland laid before Congress.

Tuesday, October 10, 1780. Congress passed an Act, "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 September 6, 1780), "shall be disposed of for the common benefit of the United States, and be settled and formed into distinct Republican States, which shall become members of the Federal Union, and have the same right of sovereignty, freedom, and independence, as the other States; that each State which shall be so formed shall contain 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 that the necessary and reasonable expenses which any particular State shall have incurred since the commencement of the present war, in subduing any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed.

That 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 any nine or more of them."

The cession or relinquishment by the States, of territory to the "United States" was made:

New York, March 1, 1781. No conditions. Agreeing to the marking of her western limit by a longitudinal line crossing the western end of Lake Ontario.

Virginia, March 1, 1784. Reserving 3,709,848 acres south and east of the Ohio.

Massachusetts, April 19, 1785. No conditions.

Connecticut, September 14, 1786. Conveyed lands 120 miles west of the Pennsylvania line, reserving 4,000,000 acres along the shore of Lake Erie, known as the "Western Reserve" (q.v.).

South Carolina, August 9, 1787. No conditions (surrendering her 12 mile (wide) strip).

North Carolina, February 25, 1790. Stipulating "no regulation made or to be made by Congress, shall tend to the emancipation of slaves."

Georgia, April 24, 1802. Conditioning, that the United States should extinguish the Indian title to the east of its western line, as soon as could be done peaceably and on reasonable terms.

The sections ceded were made dependent territories; the Georgia cession as The Mississippi Territory, the North and South Carolina cession as The Southwest Territory; that north of the Ohio River as The Northwest Territory, the latter being the subject of special legislation of the "Confederation"; first, by the passage of a resolution for its government (April 23, 1784), and then by the adoption of an ordinance, July 13, 1787, of the Northwest Territory. Commonly known as "The Public Domain."

The Thomas Jefferson scheme of division of the Northwest Territory was, as far as possible, two degrees of latitude in width, arranged in two tiers; the Mississippi, and the meridian through the falls of the Ohio, included in the Western Territory; the meridian through the falls of the Ohio, and a second through the mouth of the Great Kanawha River, boundaries of the middle tier; between this and Pennsylvania, the third tier. An ordinance was accordingly drawn up in 1784 by a committee, of which Jefferson was chairman, the original draft reading :

"The territory northward of the 45th degree, that is to say, of the completion of the 45th degree from the equator and extending to the Lake of the Woods shall be called Sylvania.

"Of the territory under the 45th degree and 44th degree which lies westward of Lake Michigan, shall be called Michigania; and that which is eastward thereof, within the peninsula formed by the lakes and waters of Michigan, Huron, St. Clair, and Erie shall be called Chersonesus, and shall include any part of the peninsula which may extend above the 45th degree.

"Of the territory under the 43d degree and 42d degree that to the westward, through which the Assenisipi or Rock River runs, shall be called Assenisipia; and that to the eastward in which are the fountains of the Muskingum, the two Miamis of the Ohio, the Wabash, the Illinois, the Miamis of the Lake, and the Sandusky rivers, shall be called Metropotamia.

"Of the territory which lies under the 41st degree and 40th degree, the western, through which the river Illinois runs, shall be called Illinoia ; that next adjoining to the eastward, Saratoga; and that between this last and Pennsylvania, and extending from the Ohio to Lake Erie, shall be called Washington.

"Of the territory which lies under the 39th degree and 38th degree, to which shall be added so much of the point of land within the fork of the Ohio and Mississippi as lies under the 37th degree, that to the westward within and adjacent to which are the confluences of the rivers Wabash, Shawnee, Tanisee, Ohio, Illinois, Mississippi, and Missouri shall be called Polypotamia, and that to the eastward further up the Ohio, otherwise called the Pelisipi, shall be called Pelisipia.”

Sylvania. The "woody" section, forests of pine, hickory, and oak. Michigania. An allusion to lands bordering Lake Michigan. Chersonesus. A Greek geographical term, equivalent in meaning to the Latin "peninsula."

Assenisipia. From Assenisipi, the Indian title of Rock River.

Metropotamia. "Mother of rivers," from the belief that within its boundary were the fountains of the Muskingum, the two Miamis of the Ohio, the Wabash, the Illinois, the Sandusky, and the Miami of the Lake.

Illinoia. From the river which waters it.

Saratoga. Celebrated battleground in New York.

Washington. In honor of George Washington.

Polypotamia. "Many waters." Within its confines the waters of the Wabash, Sawana, Tanisee, the Illinois, and the Ohio mingled with the waters of the Mississippi and Missouri, "the committee therefore judging this a fitting name."

Pelisipia. From the Cherokee Indian name applied to the Ohio River- Pelisipi.

April 26, 1787. Committee reported "An ordinance for the government of the Western Territory."

May 10, 1787.

reading.

July 9, 1787.

July 11, 1787.

July 13, 1787. New York.

After various amendments, transcribed for a third

Referred to a new committee.

Committee reported.

Ordinance passed. One voice against it, Yates of

Nathan Dane, Thomas Jefferson, and Manasseh Cutler are alleged to be authors of the principal portion of the ordinance.

[The following Ordinance was the beginning and the foundation of the system of territorial government.]

AN ORDINANCE FOR THE GOVERNMENT OF THE TERritory of the UNITED STATES, NORTHWEST OF THE RIVER OHIO.

Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to and be distributed among their children and the descendants of a deceased child in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have in equal parts among them their deceased parents' share; and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such convey