1. That the territory so ceded, should be laid out and formed into states, containing 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 would admit: and that the states so formed, should be distinct republican states, and admitted members of the federal union; having the same rights' of sovereignty, freedom and independence as the other states.

2. That Virginia should be allowed and fully reimbursed by the United States, her actual expences in reducing the British posts at the Kaskaskies and St. Vincents, the expence of maintaining garrisons and supporting civil government there, since the reduction of the said posts, and in general all the charge she has incurred on account of the country on the northwest side of the Ohio river, since the commencement of the present war.

3. That the French and Canadian inhabitants and other settlers of the Kaskaskies, St. Vincents and the neighbouring villages, who have professed themselves citizens of Virginia, should have their possessions and titles confirmed to them, and should be protected in the enjoyment of their rights and liberties; for which purpose troops should be stationed there at the charge of the United States, to protect them from the encroachments of the British forces at Detroit or elsewhere, unless the events of the war should render it impracticable.

4. As Colonel George Rogers Clarke planned and executed the secret expedition by which the British posts were reduced, and was promised if the enterprize succeeded, a liberal gratuity in lands in that country, for the officers and soldiers who first marched thither with him; that a quantity of land not exceeding one hundred and fifty thousand acres, should be allowed and granted to the said officers and soldiers, and the other officers and soldiers that have

1 Here Charles Thomson resumes the entries in the Journal.

been since incorporated into the said regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in such place on the northwest side of the Ohio as the majority of the officers should choose, and to be afterwards divided among the said officers and soldiers, in due proportion according to the laws of Virginia.

5. That in case the quantity of good lands on the southeast side of the Ohio, upon the waters of Cumberland river, and between the Green river and Tennessee river, which have been reserved by law for the Virginia troops upon continental establishment, should, from the North Carolina line, bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops in good lands, to be laid off between the rivers Scioto and little Miamis, on the northwest side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia.

6. That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the before-mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, should be considered as a common fund for the use and benefit of such of the United American States, as have become or shall become members of the confederation or fœderal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and should be faithfully and bona fide disposed of for that purpose, and for no other use or purpose what

soever.

7. And therefore that all purchases and deeds from any Indian or Indians, or from any Indian nation or nations, for any lands within any part of the said territory which have been or should be made for the use or benefit of any private person or persons whatsoever, and royal grants

within the ceded territory, inconsistent with the chartered rights, laws and customs of Virginia, should be deemed and declared absolutely void and of no effect, in the same manner as if the said territory had still remained subject to and part of the Commonwealth of Virginia.

8. That all the remaining territory of Virginia, included between the Atlantic ocean and the southeast side of the river Ohio, and the Maryland, Pensylvania and North Carolina boundaries, should be guarantied to the Commonwealth of Virginia, by the said United States.

Whereupon your committee are of opinion, that the first condition is provided for by the act of Congress of the 10th of October, 1780.

That the second condition is substantially comprehended in the engagement-made by Congress in the said aet, and

[That in order to comply with the second condition so far as has been heretofore provided for by the act of the 10th of October, 1780, it is agreed] that one commissioner should be appointed by Congress, one by the State of Virginia, and another by those two commissioners, who, or a majority of whom, should be authorised and empowered to adjust and liquidate the account of the necessary and reasonable expences incurred by the said State, for the purpose men, tioned in the said condition [which they may judge to be comprised within the true intent and meaning of the said recited act.]

With respect to the third condition, the committee are of opinion, that the settlers therein described should have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties.

Your committee are further of opinion, that the 4th, 5th and 6th conditions being reasonable, should be agreed to by Congress.

With respect to the 7th condition, your committee are of opinion, that it would be improper for Congress to declare

the purchases and grants therein mentioned, [void, as they ought not to prejudge the claims of individuals or others, but ought to leave them to be determined according to the principles of equity and the Constitution] absolutely void and of no effect; and that the 6th condition, engaging how the lands beyond the Ohio shall be disposed of, is sufficient on this point.

As to the last condition, your committee are of opinion, that Congress cannot agree to guarantee to the Commonwealth of Virginia, the land described in the said condition, without entering into a discussion of the right of the State of Virginia to the said land; and that by the acts of Congress it appears to have been their intention, which the committee cannot but approve, to avoid all discussion of the territorial rights of individual states, and only to require recommend and accept a cession of their claims, whatsoever they might be, to vacant territory. Your committee conceive this condition of a guarantee, to be either unnecessary or unreasonable; inasmuch as, if the land above-mentioned is really the property of the State of Virginia, it is sufficiently secured by the confederation, and if it is not the property of that State, there is no reason or consideration for such guarantee.

Your committee therefore upon the whole recommend, that if the legislature of Virginia make a cession conformable to this report, Congress should accept such cession.

And that a committee be appointed to repair to the State-of Virginia, make the proper representation to its legislature, and endeavor to obtain what may be necessary on the part of the State for carrying the views of Congress into effect,1

1 A printed copy of this report, which was the one considered, as the indorsement shows, is in the Papers of the Continental Congress, No. 30, folio 563. It was delivered June 6, debated June 20, and agreed to on September 13. The amendments in the printed copy, made in Congress, which are indicated by brackets, are in the writing of Elias Boudinot. A manuscript draft of the report, in the writing of John Rutledge, is on folios 565-567. It is indorsed as delivered June 6, entered and read and "Monday next assigned." A copy in the writing of Charles Thomson is on folios 589-595.

On the question to agree to this report, the yeas and nays being required by Mr. [David] Howell,

So it was resolved in the affirmative.

On the report of a committee, consisting of Mr. [James] Duane, Mr. [John] Rutledge and Mr. [Jacob] Read, to whom were referred certain papers respecting the mutiny of a part of the continental troops of the Pensylvania line:

That they have duly considered the proceedings of the general Court-Martial whereof The Brigadier General John Paterson was president lately held near the City of Philadelphia in the State of Pensylvania for the trial of persons promoting or concerned in the late mutiny of the said troops stationed at Lancaster in the said State and in the Barracks of the City of Philadelphia and the motion-of Mr. Read with the amendment proposed by Mr. Williamson-and therefore submit the following-report.

That in consideration of the bravery, fidelity and persevering exertions of the American army in general during the long, arduous and glorious war in which they have been engaged; from a sense-of