and operate with the land forces in that direction, on the 5th of February he set out himself with one hundred and twenty men on his hard march to Vincennes. He reached the fort.on the 22d, and was joined by the remainder of his command, which had come by water. He immediately commenced his attack on the fort, and on the 25th Gov. Hamilton surrendered. He was sent as a prisoner of war to Virginia, where he was kept in close confinement, and thus failed to accomplish his purpose of uniting the Indian tribes against the Americans. All the important posts in the Northwest, except Detroit, were now in the hands of the Americans. Had Clark received reinforcements, which had been promised, he would doubtless have captured Detroit also; but Virginia and the other colonial governments at this time doubtless had all they could do to attend to the operations of the war east of the Alleghanies. The Legislature of Virginia passed resolutions complimenting Col. Clark and his men, and in 1781 he was promoted to the rank of general. Previous to this he had taken part with Steuben against Arnold, when the latter invaded Virginia, in 1780. Subsequently, Virginia gave to Gen. Clark and his men one hundred and fifty thousand acres of land, wherever they might choose to locate it, north of the Ohio. They made selection of a tract opposite the Falls of the Ohio, between New Albany and Jeffersonville, Indiana. Gen. Clark died near Louisville, Kentucky, February 13th, 1808.

The years 1781 and 1782 were dark years in the history of the infant settlements of the Northwest, in consequence of the many outrages practiced by the Indians. Many deeds of cruelty were committed under the leadership of the outlaw, Simon Girty, occurring chiefly in the Ohio Valley. Several battles between the Indians and frontiersmen occurred north of the Ohio, while in Kentucky the famous Daniel Boone and his companions were engaged in protecting the frontier outposts.

In 1783 the treaty of peace, which ended the Revolutionary struggle, was concluded, and by its terms the boundaries of the West were defined as follows: On the north, to extend along the center of the Great Lakes; from the western point of Lake Superior to Long Lake; thence to the Lake of the Woods; thence to the head of the Mississippi river, down its center to the 31st parallel of latitude; thence on that line east to the head of Appalachicola river, down its center to the junction with the Flint; thence straight to the head of St. Mary's river; and thence down along its center to the Atlantic Ocean.

For some time after the cessation of hostilities, General Haldimand, the British commander at Detroit, refused to evacuate, on the ground, as he claimed, that his king had not ordered him to do so. It shortly, however, passed under the control of the United States, and so remained, except when held by the British, through the surrender of Gen. Hull, for a few weeks in August and September, 1812.

The war of independence had been fought and gained, and England, as we have seen, had renounced her claim to the Northwest, but the Indian title was not yet extinguished. From 1783 to 1786 various treaties were made, by which the Indians relinquished their title to extensive tracts of territory. The individual States also held claims to the territory surrendered by Great Britain, and acts of cession were necessary to vest the title to the soil in United States; but of this we shall treat more fully in another place. In 1779 Virginia had passed her "land laws," by which grants made to settlers were confirmed, and providing for selling the rest at forty cents per

acre. Kentucky was included in the territory of Virginia until 1792. It was originally explored by Daniel Boone and his compeers about the year 1769. Harrodsburg was founded in 1774, and Lexington a year or two later, when the news of the battle of Lexington was fresh in the minds of its founders.

THE NORTHWESTERN TERRITORY.

Territory held by States-Articles of Confederation-Objections of certain States-Delaware Resolutions-Action of Congress-Maryland-New York-Cession of Territory by StatesOrdinance of 1787-Territorial Organization of the Northwest-Fort Washington-Wm. H. Harrison. Arthur St. Clair-Early American Settlements-New England CompanyGen. Rufus Putnam-John Cleves Symmes-Cincinnati Founded-Treaty with SpainDivision of the Northwestern Territory-Organization of the Territory of IndianaDivision of Indiana Territory-Territory of Michigan-Gov. Wm. Hull-Destruction of Detroit by Fire.

At the time the Articles of Confederation and Perpetual Union were pending a number of the States held, or claimed, large tracts of territory not now included in those States. New York, Virginia, Massachusetts, Connecticut, South Carolina, North Carolina and Georgia, all held such territory. Virginia claimed all that vast region which now embraces the States of Ohio, Indiana, Illinois, Michigan, Wisconsin and that part of Minnesota east of the Mississippi river. That State had made provision, by legislative enactment, to dispose of her lands to settlers. Certain States, claiming that the unoccupied western lands were rightfully the common property of all the States, insisted on limiting the area of those States claiming western territory. This was a subject of warm and protracted discussion in the adoption of the Articles of Confederation. The delegates from Maryland, under instructions from the General Assembly of that State, declined, in the Congress of the Confederation, to sign the Articles of Confederation until provision was made for restricting the boundaries of the States, and vesting the soil of the western territories in the Confederation for the common benefit of all the settlers. Virginia had remonstrated against this course. On the 25th of November, 1778, the act of New Jersey for ratifying the Articles of Confederation was presented in the Congress. Her delegates were directed to sign the articles in the firm reliance that the candour and justice of the several States will, in due time, remove as far as possible the inequality which now subsists." The delegation from Delaware, after having signed the articles, on the 23d of February, 1779, presented sundry resolutions passed by the legislature of that State, among which were the following:

"Resolved, That this State thinks it necessary, for the peace and safety of the States to be included in the Union, that a moderate extent of limits should be assigned for such of those States as claim to the Mississippi or South Sea; and that the United States in Congress assembled, should," and ought to, have the power of fixing the western limits.

"Resolved, That this State consider themselves justly entitled to a right in common with the members of the Union, to that extensive tract of country which lies westward of the frontier of the United States, the property of which was not vested in, or granted to, private individuals at the commencement of the present war. That the same hath been, or may be, gained from the King of Great Britain, or the native Indians, by the blood and treasure of all, and ought, therefore, to be a common estate, to be granted out on terms beneficial to the United States."

The same day, after the presentation of these resolutions, Congress passed the following:

"Resolved, That the paper laid before Congress by the delegates from Delaware, and read, be filed; provided, that it shall never be considered as admitting any claim by the same set up, or intended to be set up."

Eight States voted in favor of this resolution, and three against it.

The State of Maryland still persisting in her refusal to ratify the Articles of Confederation, on the 30th of October, 1779, Congress, by a vote of eight States to three, and one being divided, passed the following:

"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 reconsider 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."

On the 19th of February, 1780, the Legislature of New York passed an act authorizing her delegates in Congress, for and on behalf of that State, by proper and authentic acts or instruments, "to limit and restrict the boundaries of the State in the western parts thereof, by such line or lines, and in such manner and form, as they shall judge to be expedient," and providing for the cession to the United States of certain "waste and uncultivated" territory. This act was fully carried into effect by her delegates on the 1st of March, 1781.

On the 6th of September, 1780, Congress passed a resolution earnestly recommending the States having "claims to the western country, to pass such laws, and give their delegates in Congress such powers as might effectually remove the only obstacle to a final ratification of the Articles of Confederation, and requesting the Legislature of Maryland to authorize her delegates in Congress to subscribe to the articles.

On the 10th of October, 1780, a further resolution on this subject was passed by the Congress of the Confederation, as follows:

"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 6th day of September last, 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 rights 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 British posts, or in maintaining forts or garrisons within and for the defense, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be re-imbursed; 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 any nine. or more of them.”

In pursuance of the recommendation of Congress, of September 6th, 1780, several States made cessions of territory to the United States. Virginia

ceded her northwestern territory March 1st, 1784, and by an act of her Legislature of December 30th, 1788, agreed to change the conditions of the act of cession of 1784, so far as to ratify the 5th article of the ordinance of 1787, passed by Congress for the government of the territory. The delegates in Congress from Maryland signed the Articles of Confederation at the date of the cession of territory by New York, March 1st, 1781, thus completing the confederation.

On the 23d of April, 1784, Congress passed a resolution for the government of the territory ceded by Virginia, which was superceded by the famous ordinance of July 13th, 1787, entitled "An ordinance for the government of the territory of the United States northwest of the river Ohio." The first part of this important enactment provides for the temporary government of the territory, and concludes with six "articles of compact between the original States and the people and States in the said territory, and forever to remain unalterable, unless by common consent." The provisions of these six articles are of such importance as to justify their insertion here in full:

"ARTICLE 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.

"ART. 2. The inhabitants of the said territory shall always be entitled to the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, when the proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unusual punishment shall be inflicted. No person shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land, and should the public exigencies make it necessary for the common preservation to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made, or have force in the said territory, that should, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud previously formed.

"ART. 3. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall be forever encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made for preventing wrongs being done to them, and for preserving peace and friendship with them.

"ART. 4. The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States, in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be

made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the dis trict or districts, or new States, as in the original States, within the time agreed upon by the United States, in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil of the United States, in Congress assembled, nor with any regulations Congress may find necessary, for securing the title in such soil, to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor. "ART. 5. There shall be formed in the said territory not less than three, nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to-wit: the Western States in the said territory shall be bounded by the Mississippi, the Ohio and Wabash rivers; a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada, and by the said territorial line to the Lake of the Woods and Mississippi. The Middle States shall be bounded by the said direct line, the Wabash, from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line and by the said territorial line. The Eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line; provided, however, and it is further understood and declared that the boundaries of these three States shall be subject so far to be altered that if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States on an equal footing with the original States, in all respects whatever; and shall be at liberty to form a permanent constitution and State government, provided the constitution and government so to be formed shall be republican, and in conformity to the principles contained in these articles, and so far as can be consistent with the general interests of the Confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.

"ART. 6. There shall be neither slavery nor involuntary servitude in the the said territory, otherwise than in the punishment of crimes, whereof the party shall be duly convicted; provided, always, that any person escaping into the same from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or services as aforesaid."

These articles, sometimes known as the "Compact of 1787," form the basis of the organization of the Northwestern Territory and of the several States into which it was subsequently divided. Although the original act of cession was adopted by Virginia in 1784, it will be seen that it was three years later before Congress agreed upon a plan of government. The