present war, in such manner that the said lands be sold out, or otherwise disposed of for the common benefit of all the states; and that the money arising from the sale of those lands, or the quit rents reserved thereon, may be deemed and taken as part of the monies belonging to the United States, and as such be appropriated by congress towards defraying the expences of the war, and the pay. ment of interest on monies borrowed, or to be borrowed, on the credit of the United States from France or any other European power, or for any other joint benefit of the United States.

We do further declare that the exclusive claim set up by some states to the whole western country by extending their limits to the Mississippi or South Sea, is in our judgment without any solid foundation, and we religiously believe, will, if submitted to, prove ruinous to this state, and to other states similarly circumstanced, and in process of time be the means of subverting the confederation, if it be not explained by the additional article or articles proposed, so as to obviate all misconstruction and misinterpretation of those parts thereof that are hereinbefore specified.

We entered into this just and necessary war to defend our rights against the attacks of avarice and ambition; we have made the most strenuous efforts during the prosecution of it, and we are resolved to continue them until Independence is firmly established. Hitherto we have successfully resisted, and we hope, with the blessing of Providence, for final success. If the enemy, encouraged by the appearance of divisions among us, and the hope of our not confederating, should carry on hostilities longer than they otherwise would have done, let those be responsible for the prolongation of the war, and all its consequent calamities, who by refusing to comply with requisitions so just and reasonable have hitherto prevented the confederation from taking place, and are therefore justly chargeable, with every evil

which hath flowed and may flow from such procrastination.

By the House of Delegates, December 15, 1778.

Read and assented to, by order,

J. DUCKETT, C. H. D.

By the Senate, December 15, 1778.

Read and assented to, by order,

II.

R. RIDGLY, C. S.

THE VIRGINIA Remonstrance of DecembeR 14, 1779.

Virginia was the State that made the largest claims to western lands. Disregarding the growing conviction that these lands ought to belong to the Nation as a whole, and not to the individual States claiming them, Virginia prepared to open a land office for the sale of lands southeast of the Ohio river. This action led certain land companies claiming large tracts of land on that side of the Ohio, within Virginia's alleged boundaries, to memorialize Congress to take such speedy action as would arrest the sale of the lands until Virginia and the companies could be heard by Congress and their respective rights be ascertained. Congress promptly referred these petitions to a committee with instructions to investigate. Furthermore Congress adopted, October 30, the following resolution:

"WHEREAS, The appropriation of vacant lands by the several states during the continuance of the war will, in the opinion of Congress, be attended with great mischiefs; therefore,

"Resolved, That it be earnestly recommended to the State of Virginia to re-consider their late act of assembly for opening their land office; and that it be recommended to the said state, and all other states similarly circumstanced, to

forbear settling or issuing warrants for unappropriated lands, or granting the same during the continuance of the present war."

The onus was now shifted from Maryland to Virginia. This remonstrance is in defense of her position.

VIRGINIA, to-wit:

IN GENERAL ASSEMBLY, THE 14TH DECEMBER, 1779.

THE REMONSTRANCE OF THE GENERAL ASSEMBLY OF VIRGINIA TO THE DELEGATES OF THE UNITED AMERICAN STATES IN CONGRESS ASSEMBLED.

The general assembly of Virginia, ever attentive to the recommendations of congress, and desirous to give the great council of the United States every satisfaction in their power, consistent with the rights and constitution of their own commonwealth, have enacted a law to prevent present settlements on the north-west side of the Ohioriver, and will on all occasions endeavour to manifest their attachment to the common interest of America, and their earnest wishes to remove every cause of jealousy and promote that mutual confidence and harmony between the different states so essential to their true interest and safety.

Strongly impressed with these sentiments, the general assembly of Virginia can not avoid expressing their sur prise and concern, upon the information that congress had received and countenanced petitions from certain persons stiling themselves the Vandalia and Indiana company's, asserting claims to lands in defiance of the civil authority, jurisdiction and laws of this commonwealth, and offering to erect a separate government within the territory thereof. Should congress assume a jurisdiction, and arrogate to themselves a right of adjudication, not only unwarranted by, but expressly contrary to the fundamental principles. of the confederation; superseding or controuling the inter

nal policy, civil regulations and municipal laws of this or any other state, it would be a violation of public faith, introduce a most dangerous precedent which might hereafter be urged to deprive of territory or subvert the sovereignty and government of any one or more of the United States, and establish in congress a power which in process of time must degenerate into an intolerable despotism. It is notorious that the Vandalia and Indiana company's are not the only claimers of large tracts of land under titles repugnant to our laws; that several men of great influence in some of the neighboring states are concerned in partnerships with the Earl of Dunmore and other subjects of the British king, who, under purchases from the Indians, claim extensive tracts of country between the Ohio and Mississippi rivers; and that propositions have been made to congress evidently calculated to secure and guarranty such purchases; so that under colour of creating a common fund, had those propositions been adopted, the public would have been duped by the arts of individuals, and great part of the value of the unappropriated lands converted to private purposes.

Congress have lately described and ascertained the boundaries of these United States, as an ultimatum in their terms of peace. The United States hold no territory but in right of some one individual state in the Union; the territory of each state from time immemorial, hath been fixed and determined by their respective charters, there being no other rule or criterion to judge by; should these in any instance (when there is no disputed territory between particular states) be abridged without the consent of the states affected by it, general confusion must. ensue; each state would be subjected in its turn to the encroachments of the others, and a field opened for future wars and bloodshed; nor can any arguments be fairly urged to prove that any particular tract of country, within the limits claimed by congress on behalf of the United States, is not part of the chartered territory of some one of them,

but must militate with equal force against the right of the United States in general; and tend to prove such tract of country (if north-west of the Ohio river) part of the British province of Canada.

When Virginia acceded to the articles of confederation, her rights of sovereignty and jurisdiction within her own territory were reserved and secured to her, and cannot now be infringed or altered without her consent. She could have no latent views of extending that territory; because it had long before been expressly and clearly defined in the act which formed her new government.

The general assembly of Virginia have heretofore offered congress to furnish lands out of their territory on the north-west side of the Ohio river, without purchase money, to the troops on continental establishment of such of the confederated states as had not unappropriated lands for that purpose, in conjunction with the other states holding unappropriated lands, and in such proportion as should be adjusted and settled by congress; which offer when accepted they will most cheerfully make good to the same extent, with the provision made by law for their troops, if congress shall think fit to allow the like quantities of land to the other troops on continental establishment. But although the general assembly of Virginia would make great sacrifices to the common interest of America (as they have already done on the subject of representation) and will be ready to listen to any just and reasonable propositions for removing the ostensible causes of delay to the complete ratification of the confederation, they find themselves impelled by the duties which they owe to their constituents, to their posterity, to their country, and to the United States in general, to remonstrate and protest; and they do hereby, in the name and on behalf of the commonwealth of Virginia, expressly. protest against any jurisdiction or right of adjudication in congress, upon the petitions of the Vandalia or Indiana company's, or on any other matter or thing subversive of