Pontchartrain to the sea"; and to this purpose the Most Christian king cedes in full right and guaranties to his Britannic Majesty the river and port of Mobile, and every thing that he possesses on the left side of the river Mississippi, except the town of New Orleans, and the island on which it is situated, which shall remain to France; provided that the navigation of the river Mississippi shall be equally free to the subjects of Great Britain and France, in its whole breadth and length from its source to the sea, and that part expressly which is between the said island of New Orleans, and the right bank of that river, as well as the passage both in and out of its mouth. And whereas by the nineteenth article of the said treaty, his Catholic Majesty cedes and guaranties in full right to his Britannic Majesty, all that Spain possesses in the continent of North America, to the east or to the southeast of the river Mississippi. And whereas by the articles of treaty between Great Britain and the United States, done at Paris the 30th day of November, 1782, the boundaries of the United States are set forth, described and agreed to be by the 2d article of the said treaty, viz. "From the northwest angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of the St. Croix river to the highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northwestermost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said lake, until it arrives at the water communication between that lake and lake Huron; thence along the middle of said water communication into lake

Huron; thence through the middle of the said lake to the water communication between that and lake Superior; thence through lake Superior northward of the isles Royal and Philipeaux, to the long lake; thence through the middle of said long lake and the water communication between it and the lake of the woods, to the said lake of the woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northermost part of the 31st degree of north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of 31 degrees north of the equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the flint river; thence straight to the head of St Mary's river; and thence down along the middle of St. Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence: comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean; excepting such islands as now are or heretofore have been within the limits of the said province of Nova Scotia."

And whereas by the 6th and 11th articles of the treaty of alliance, eventual and definitive defensive, between the Most Christian King, and the United States, signed at Paris 6th February, 1778, and ratified by the United States in Congress assembled, the 4 day of May, 1778, the Most Christian King renounces for ever the possession of the islands of

Bermudas, as well as of any part of the continent of North America, which before the treaty of Paris in 1763, or in virtue of that treaty, were acknowledged to belong to the Crown of Great Britain or to the United States, heretofore called British colonies, or which are at this time, or have lately been under the power of the King and Crown of Great Britain, and guarantees to the United States their possessions and the additions or conquests that their confederation may obtain during the war, from any of the dominions now or heretofore possessed by Great Britain in North America. And whereas the territory ceded and guarantied as aforesaid, comprehends a large extent of country lying without the lines, limits or acknowledged boundaries of any of the United States, over which, or any part of which, no State can or ought to exercise any sovereign, legislative or jurisdictional faculty, the same being acquired under the confederation, and by the joint and united efforts of all. And whereas more than a majority several of the states acceded to the confederation under the idea held forth by the State of Maryland, in her instructions to her delegates, entered on the Journals of Congress, May 21, 1779, viz. "that a country unsettled at the commencement of this war, claimed by the British Crown, and ceded to it by the treaty of Paris, if wrested from the common enemy, by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by Congress, into free, convenient and independent governments, in such manner, and at such times, as the wisdom of that assembly shall hereafter direct." And whereas the said State of Maryland, especially for herself, provides and declares, in "An Act entered on the Journals of Congress, 12 February, 1781, entitled an act to empower the delegates1 of this State in Congress, to subscribe and ratify the Articles of Confederation," viz. "that by acceding to the said confederation, this State doth not relinquish or 1 From this point the entries in the Journal are by George Bond.

intend to relinquish any right or interest she hath with the other united or confederated states, to the back country; but claims the same as fully as was done by the legislature of this State, in their declaration which stands entered on the Journals of Congress; this State relying on the justice of the several states hereafter, as to the said claim made by this State."

And whereas by the blessing of divine providence, this country has arrived at the period of its expectations, the full acknowledgment of independence and the free enjoyment of peace, with the addition of a large tract of territory.

And whereas the United States have succeeded to the sovereignty over the western territory, and are thereby vested as one undivided and independent nation, with all and every power and right exercised by the king of Great Britain, over the said territory, or the lands lying and situated without the boundaries of the several states, and within the limits above described; and whereas the western territory ceded by France and Spain to Great Britain, relinquished to the United States by Great Britain, and guarantied to the United States by France as aforesaid, if properly managed, will enable the United States to comply with their promises of land to their officers and soldiers; will relieve their citizens from much of the weight of taxation; will be a means of restoring national credit, and if cast into new states, will tend to increase the general happiness of mankind, by rendering the purchase of land easy, and the possession of liberty permanent; therefore

Resolved, That a committee be appointed to report the territory lying without the boundaries of the several states, and within the limits of the United States, and to report the most eligible part or parcels thereof, for one or more convenient and independent states; and also to report an establishment for a land-office.1

1

1 This motion, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 30, folios 583-588. It is undated.

On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Daniel] Carroll,

So the question was lost.

The report as amended, is as follows:

The committee, consisting of Mr. [John] Rutledge, Mr. [Oliver] Ellsworth, Mr. [Gunning] Bedford, Mr. [Nathaniel] Gorham and Mr. [James] Madison, to whom were referred the act of the legislature of Virginia, of the 2d 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 northwest of the river Ohio, upon the following conditions, viz.

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