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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. 4th. 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 district 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 by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the boma 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 the 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 State in the said territory, shall be bounded by the Mississippi, the Ohio and Wabash rivers; a direct line drawn from the Wabash and Post St. 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 State 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

* Act of 20th February, 1811, provides the same in Louisiana; and, also, that lands sold by Congress shall not be taxed for five years after sale—Post. No. 160—in Mississippi, by act of 1st March, 1817, Post. No. 296, and so of all others—Laws and Resol, relating to the public Lands.

of an East and West line drawn through the Southernly bend or extreme of of lake Michigan. And, whenever any of the said States shall have sooj;ss. 60,000 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 it can be consistent with the general interest 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 60,000.

ART. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishments of crimes whereof the . party shall have been 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 service as aforesaid.

Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void. Done, &c.

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(See Laws and Resolutions of the U. States, relating to Public Lands, p. 101.)

Whereas the United States, in Congress assembled, did, on the seventh day of July, in the year of our Lord one thousand seven hundred and eighty-six, state certain reasons, shewing that a division of the territory which hath been ceded to the said United States by this Commonwealth, into States, in conformity to the terms of cession, should the same be adhered to, would be attended with many inconveniences, and did recommend a revision of the act of cession, so far as to empower Congress to make such a division of the said territory into distinct and republican States, not more than five nor less than three in number, as the situation of that country and future circumstances might require. And the said United States, in Congress assembled, have, in an ordinance for the government of the territory Northwest of the river Ohio, passed on the 13th of July, one thousand seven hundred and eighty-seven, declared the following as one of the articles of compact between the original States, and the People and States in the said territory, viz:

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[Here the fifth article of compact, of the ordinance of Congress, of 13th July, 1787, as above inserted, is recited verbatim.]

And it is expedient that this commonwealth do assent to the proposed

alteration, so as to ratify and confirm the said article of compact between

the original States and the people and States in the said territory:
2. Be it therefore enacted by the General Assembly, That the afore-recited
article of compact, between the original States and the People and States
in the tertitory Northwest of Ohio river, be, and the same is hereby ratified
and confirmed, any thing to the contrary in the deed of cession of the
said territory by this commonwealth to the United States notwithstanding:

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(See Laws and Resolutions of the U. States, relating to the public Lands, p. 107.)

RESOLUTIONS OF CONGRESS, AUGUST 9, 1787.

Resolved, That Congress are ready to accept the cession of the claim of the State of South Carolina, to the tract of country described in the act of said State, whenever the delegates will execute a deed conformable to said act.

In virtue of the powers in them vested, the delegates of the State of South Carolina, for and in behalf of the said State, executed the following deed of cession to the United States of America:

To all who shall see these presents: We, John Kean and Daniel Huger, the underwritten delegates for the State of South Carolina, in the Congress of the United States, send greeting:

- Whereas the General Assembly of the State of South-Carolina, on the eighth of March, in the year of our Lord one thousand seven hundred and eighty seven, passed an act in the following words, viz:

ACT of

- - - CEss “AN ACT to authorize the delegates of this State, in Congress, to convey to so.

the United States, in Congress assembled, all the right of this State to the J-2-y territory herein described. 9 August, 1787.

Whereas, the Congress of the United States did, on the sixth day of September in the year one thousand seven hundred and eighty, recom- • mend to the several States in the Union, having claims to Western territory, to make a liberal cession to the United States of a portion of their respective claims, for the common benefit of the Union ; And whereas this State is willing to adopt every measure which can tend to promote the honor and dignity of the United States, and strengthen the Federal Union :

Be it therefore enacted by the Honourable the Senate and House of Represensatires in General Assembly met and sitting, and by the authority of the same, That it shall and may be lawful for the delegates of this State to the Congress of the United States, or such of them as shall be assembled in Congress, and they are hereby fully authorized and empowered, for and on behalf of this State, by proper deeds, or instruments in writing, The Delegates under their hands and seals, to convey, transfer, assign, and make over, authorized to unto the United States, in Congress assembled, for the benefit of the to, § the said States, all right, title and claim, as well of soil as jurisdiction, which alted states. this State hath to the territory or tract of country within the limits of the charter of South Carolina, situate, lying and being within the boundaries and lines hereinafter described, that is to say: All the territory or tract of country included within the river Mississippi, and a line beginning at that part of the said river which is intersected by the Southern boundary line of the State of North Carolina, and continuing along the said boundary line, until it intersects the ridge or chain of mountains which divides the Eastern from the Western waters, then to be continued along the top of the said ridge of motintains, until it intersects a line to be drawn due West fram the head of the Southern branch of Tugoloo river to the said mountains, and thence to run a due West course to the river Mississippi.

Now, therefore, know ye, that we, the said John Kean and Daniel Hu- Territory ceded, ger, by virtue of the power and authority to us committed, by the said act of the General Assembly of South Carolina, before recited, in the name, and for and in behalf of the State of South Carolina, do, by these presents, assign, transfer, quit-claim, cede, and convey, to the United States of America, for their benefit, South Carolina inclusive, all the right, title, interest, jurisdiction, and claim, which the State of South Carolina hath, in and to the before mentioned and described territory or tract of country, as the same is bounded and described in the said act of Assembly, for the uses in the said recited act of Assembly declared.

In witness whereof, we have hereunto set our hands and seals this ninth day of August, in the year of our Lord one thousand seven hundred and eighty seven, and of the sovereignty and independence of America, the twelfth, &c.

REMARKS By the Editor.—Acts of Cession of land to and for the use of the United States, were made by the State of New York, March 1, 1781. By the State of Virginia, March 1, 1784, and 30 Dec. 178S. By the State of Massachusetts, 17th April, 1785. By the State of ConnectiVOI. I.-22.

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cut, 13th September, 1786. By the State of North Carolina, 25 Feb'y,
1790. By the State of Tennessee, April 15, 1806. By the State of
Georgia, 24th April, 1802—See Laws and Resolutions relating to the public
Lands, from page 93 to page 122. Washington, 1828; Gales & Seaton.
I have introduced the acts of Cession of Virginia, and the Ordinance
for the Government of the Territory of the United States North and West
of the river Ohio, as sufficient to shew the character of these acts of Ces-
sion, without burthening the volume with unnecessary matter.
The act of Cession of New York, 1st March, 1781, states as a condition,
that the lands ceded “shall be and inure for the benefit of such of the U.
“States as shall become members of the federal alliance of the said
“States, and for no other use or purpose whatsoever.”
The Cession of Virginia, Oct. 20, 1783, of lands North and West of the
river Ohio, states that these lands “shall be considered a common fund
“ for the use and benefit of such of the United States as have become or
“shall become members of the confederation or federal alliance of the
“ said States, Virginia inclusive; according to their usual and respective
“proportions in the general charge and expenditure.” -
The State of North Carolina, 25 Feb. 1790, declares that the land
ceded by that State “shall be considered as a common fund for the use
“ and benefit of the United States of America, North Carolina inclusive,
“according to their respective and usual proportion in the general charge
“ and expenditure.”
By various acts of Congress, the monies arising from the sale of pub-
lic lands, are made part of the fund for payment of the public debt.
The public debt being paid, those surplus proceeds enure for the
benefit of the several States, according to their respective and usual
proportion of the general charge and expenditure. Hence the interest
arising to each State therein, and the claim of each State thereon founded.
The Cession of Virginia, and the Ordinance for the Government of the
Territory North West of the river Ohio, give me an opportunity of re-
marking, that the 6th article of that Ordinance, forbidding the introduction
of involuntary servitude, is not only not authorized by, but is in direct con-
travention of the conditions of cession of the Virginia act of Dec. 30, 1788,
and the resolution of Congress of July 7, 1786, giving to the States hereafter
to be located on that territory, the same rights of Sovereignty, Freedom and
Independence as the original States. ... Including, of course, the right of regu-
lating their internal and domestic discipline in their own way, without the
interference of Congress: otherwise how can they enjoy the rights then be-
longing to the original States'!—Editor.

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