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The said resolutions of Delaware are as follows:

Resolved, That this state think 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 their western limits.

Resolved also, 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 to the westward of the frontiers of the United States, the property of which was not vested in, or granted to, 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 lood and treasure of all, and ought therefore to be a common estate, to be granted out on terms beneficial to the United States.

Resolved also, That the courts of law established within this state are competent for the purpose of determining all controversies concerning the private right of soil claimed within the same; and they now, and at all times hereafter, ought to have cognizance of such controversies: That the indeterminate provision proposed in the ninth article of the confederation for deciding upon controversies that may arise about some of those private rights of soil tends to take away such cognizance, and is contrary to the declaration of rights of this state; and therefore ought to receive an alteration.

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Resolved, That notwithstanding the terms of the articles of confederation aforesaid are considered as in divers respects unequal and disadvantageous to this state, and the objections in the report of the committee of this house, and the resolves made thereon, are viewed as just and reasonable, and of great moment to the welfare and happiness of the good people thereof; yet, under the full conviction of the present necessity of acceding to the confederacy proposed, and in firm reliance that the candour and justice of the several states will in due time remove as far as possible the objectionable parts thereof,

the delegates appointed to represent this state in Congress, or any one or more of them, be authorized, empowered and directed, on behalf of this state, to subscribe and ratify the said articles of confederation, * and that the said articles, when so subscribed and ratified, shall be obligatory on this

state.

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-[Secret Journals of Congress, i, 429, 430.

While several of the States, and particularly Maryland, strenuously insisted, as above shown, that Congress should assume and exercise the right of property in the unsettled western lands claimed by several of the individual States, other States, especially Virginia, continued the sale of these lands, and earnestly remonstrated against any interference, whether by a corporation or by Congress, as appears from the following records:

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TUESDAY, September 14, 1779.

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A memorial of the proprietors of a tract of land called Indiana, signed on behalf of the proprietors, and as their agent, by George Morgan, was read, stating "that on the 3d day of November, 1768, at a general Congress with the Six Nations and other Indians, held at Fort-Stanwix, in consideration of the sum of £85,619 10 8, the amount of the value of the damages sustained by the traders, the said Six United and Independent Nations, the true and absolute owners and proprietors, did grant a tract of land called Indiana, described as follows, viz. that the said tract of land, thus obtained for so valuable a consideration, and with every circumstance of notoriety and authority that can give validity to any grant, was afterwards, (as being included within the bounds of a larger tract of land called Vandalia,) by order of the King of Great-Britain in council, before the declaration of the independency of these United States, separated from the dominion tract of country cannot remain subject to the jurisdiction of which, in right of the crown, Virginia claimed over it.

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And therefore the memorialists are advised, that the said Virginia or any particular state, but of the whole United States in Congress assembled: that some acts of the state of Virginia, directing the sale of the lands in question, to commence in October next, for the particular benefit of that state, seem intended to prevent and defeat the interposition of Congress, and therefore praying this honourable house to take the distressed case of the memorialists into speedy consideration, and that such order may be directed as may be thought proper to stay Virginia in the sale of the lands in question, till Virginia, as well as the memorialists, can be heard before this honourable house, and the whole rights of the owners of the tract of land called Vandalia, of which Indiana is a part, shall be ascertained in such a manner as may tend to support the sovereignty of the United States and the just rights of the individuals therein."

Also a memorial of William Trent, in behalf of Thomas Walpole and his associates, claiming a right to the tract of land called Vandalia, was read.

A motion was adopted that the aforesaid memorial signed by George Morgan be referred to a committee of five.

FRIDAY, October 8, 1779.

Congress proceeded to the election of a committee on the foregoing memorial of George Morgan, and ordered that the petition of William Trent before mentioned, be referred to the same committee.

The committee was instructed to enquire into the foundation of an objection made by the Virginia delegates to the jurisdiction of Congress on the subject matter of the said petition and memorial.

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FRIDAY, October 29, 1779.

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The committee to whom were referred the memorial of G. Morgan and the petition of William Trent, beg leave to report, that they have read over and considered the state of

facts given in by the delegates of Virginia, and cannot find any such distinction between the question of jurisdiction of Congress, and the merits of the cause, as to recommend any decision upon the first separately from the last; that they recommend to Congress the following resolution, that, considering the present incomplete state of the confederation, it be recommended to the state of Virginia, and every other state in similar circumstances, to suspend the sale, grant, or settlement of any land unappropriated at the time of the declaration of independence, until the conclusion of the war.

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SATURDAY, October 30, 1779. The following resolution was adopted, Virginia and NorthCarolina, voting no, and New York, div:

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.

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 cannot avoid expressing their surprize 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

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thereof. Should congress assume a jurisdiction * superseding or controuling the internal 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 * * and establish in congress a power which in process of time must degenerate into an intolerable despotism.

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*• But altho' the general assembly of Virginia would make great sacrifices to the common interest of America, * * 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; * * 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 the internal policy, civil government, or sovereignty of this or any other of the United American States, or unwarranted by the articles of the confederation.

— [Hening's (Va.) Statutes at Large, x, 557–559.

IMPORTANT LETTER FROM GENERAL PHILIP SCHUYLER, AS DELEGATE IN CONGRESS, TO THE N. Y. LEGISLATure. ALBANY January 29th, 1780.

Gentlemen.

Concieving it my Duty as a servant of the State to advise the Legislature of any Occurrences in Congress which may immediately affect either the Honor or the Weal of the State, I beg Leave to inform the honorable Houses in which you respectively preside of some Matters which I intended to have conveyed thro' his Excellency the Governor, supposing that to be the proper Channel of Communication: but was prevented by his leaving the City, and as I humbly concieve the Subject worthy the immediate Attention of the Legislature and that Evils may possibly arise from Delay, I have taken the Liberty to address myself to you, trusting that his Excel

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