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 Copy 1 
 
 COMMUNICATION 
 
 FROM THE 
 
 GOVERNOR OF VIRGINIA 
 
 TRANSMITTING 
 
 Certain Correspondence and Reports in reference to the claim 
 
 of Virginia against the United States Government on 
 
 account of the cession of the Northwest Territory 
 
 COMMONWEALTH OF VIRGINIA, 
 
 Governor's Office, 
 Richmond, Va., January 24, 1910. 
 To the General Assembly of Virginia: 
 
 Superintendent of Public Instruction Hon. J. D. Eggleston, and Dr. 
 Robert B. Fulton, superintendent of the Miller School, have called to my 
 attention a large claim which the State of Virginia has against the Federal 
 government arising from the cession to the United States of the vast terri- 
 tory once possessed by this Commonwealth north of the Ohio river. Dr. 
 Fulton has, at the request of Superintendent Eggleston and myself, for 
 some time been making a thorough investigation of this matter, and has 
 compiled a complete and detailed statement of this claim, which appears 
 to establish its justice and legality, and imposes upon me the duty of 
 transmitting the facts and information obtained by him to you for con- 
 sideration and action. 
 
 Prominent Virginians, including Commodore Maury and Superintendent 
 of Public Instruction Dr. William H. Ruffner, have presented in writings and 
 reports this claim of the State of Virginia. 
 
 Succinctly stated the claim presented is as follows: 
 
 The vast territory north of the Ohio river was included in Virginia's 
 original charter of 1609, which charter was prior to the charter of any 
 other State, and which territory was included in the boundaries of Vir- 
 ginia when she asserted her independence and organized her government 
 
 0-,^7)O97 
 
2 Senate Doc. No. 3. 
 
 as a sovereign State in 1776. This territory, in addition to being Virginia's 
 by charter rights, became hers also by conquest, since it was conquered 
 from the British by Virginia troops, commissioned by the Governor and 
 Council of Virginia. The expenses incurred by these troops in this conquest 
 were paid out of the treasury of this Commonwealth. Virginia was in actual 
 possession and control of this territory until her cession to the Federal gov- 
 ernment and the acceptance of her cession by the Federal government. 
 Prior to this cession this territory was organized as the county of Illinois, 
 and held as a part of the State. Thus, by charter rights, by conquest and 
 by actual possession, this territory ceded constituted a part of Virginia. 
 The fact that the United States government derived title to this vast terri- 
 tory by cession and deed of conveyance made by Virginia to the United States 
 States government has been clearly and distinctly recognized by the Supreme 
 Court of the United States in the case of Handley's Lessee v. Anthony, 5th 
 Wheaton, page 374. In this case, the opinion of which was rendered by 
 Chief Justice Marshall, the court decided, in fixing the boundary lines be- 
 tween the State of Kentucky and the State of Indiana, that the boundary 
 line of Indiana must be determined by the cession made by the State of 
 Virginia to the United States government and the terms and limitations con- 
 tained in that cession, since the title of the United States to the territory 
 was derived from this cession of the State of Virginia. The opinion of 
 this court was further sustained by the General Court of Virginia in the 
 case of Commo7itvealth v. Garner, 3d Grattan, page 655. Thus the prior 
 rights of Virginia to this territory have been judicially determined. 
 
 In the act of Virginia making the cession of this large territory to the 
 United States and in the deed of conveyance in pursuance of the act of 
 the General Assembly executed by her representatives in the Continental 
 Congress, Thomas .Jefferson, Samuel Hardy, Arthur Lee and James Monroe, 
 according to her directions, were contained certain conditions, which condi- 
 tions the Federal government accepted. Among the conditions thus enumer- 
 ated and accepted by the Federal government was the following: 
 
 "That all the land within the territory so ceded to the United 
 States and not reserved or appropriated to any of the before men- 
 tioned purposes, or disposed of in bounties to the officers and soldiers 
 of the American army, shall be considered as 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 respective 
 proportions in the general charge and expenditure, and shall be faith- 
 fully and bona fide disposed of for that purpose and for no other 
 use or purpose whatsoever." 
 
 The United States government, through Congress, has uniformly recog- 
 nized that this territory ceded was derived from Virginia, and that she 
 was bound by the conditions contained in the act of cession. Desirous of 
 changing some of the conditions contained in the act of cession regarding 
 the establishment of new States in the ceded territory, she requested Vir- 
 ginia to make some alterations in these conditions, which Virginia con- 
 sented to, permitting the creation of States different from the original 
 
 D. OF D. 
 
 IVIAP 4 1910 }'' 
 
^ 
 
 Senate Doc. No, 3. 3 
 
 cession. By requesting Virginia to make this change Congress recognized 
 that she had no right even in the creation of States in this territory to 
 alter the terms of the original act of conveyance without the consent of 
 the State of Virginia. 
 
 Out of this territory ceded by Virginia were formed the States of Ohio, 
 Indiana, Illinois, Michigan, Wisconsin and a portion of Minnesota. The 
 United States received by this cession 170,208,623 a^rcr, of land. Of this 
 land some was appropriated to comply with the conditions contained }ii 
 the act of cession accepted, otlier than the one above suited. The largest 
 portion of it was sold and paid into the treasury of the United Seates and 
 used in payment of the public debt and in the payment of Federal expendi- 
 tures. It may possibly be contended that this portion was, under the 
 terms of the cession, used for the benefit of all States, as contained in 
 the cession made by Virginia. But, contrary to the expressed conditions 
 contained in the act of cession, Congress at different times, in the aggregate, 
 appropriated 38,868,212 acres of land, and $2,953,654.70, derived from the 
 sale of these public lands, entirely to local uses within these six States. 
 These amounts of land and money were appropriated for local school pur- 
 poses, construction of canals, improvement of local roads and other purposes 
 within these States, entirely local. Thus it appears that more than one-fifth of 
 the lands ceded by Virginia under definite provisions and conditions, reserv- 
 ing to Virginia an interest in them, has been disposed of in ways that have 
 given no "use and benefit" to Virginia, as distinctly reserved for her in her 
 act of cession. At the time that Virginia ceded her western territory to the 
 United States Virginia's proportion in the general charge and expenditure 
 was about one-seventh of the whole, and thus her reserved interest in the 
 lands not specifically applied for the purposes stated in the deed of conces- 
 sion was about one-seventh. The value of this land donated to local uses 
 (amounting to 38,868,212 acres), computed at $2.00 per acre, which w'as the 
 price fixed by Congress when it was first offered for sale, w^ould be $77,736,- 
 424.00. This, added to the amount of money appropriated of $2,958,654.00, 
 would make the total value of the donation for local purposes, clearly con- 
 trary to the terms and provisions of cession, amount to $80,695,078.00. Sub- 
 ject to such claims as might exist in behalf of Kentucky and West Virginia, 
 which were then a part of Virginia, Virginia has a right to demand of the 
 Federal government her part of these lands and money, which Congress appro- 
 priated entirely to local uses and for which Virginia received no benefit. 
 
 The full statement of Dr. Fulton, which I file with this message, indi- 
 cates other large and fair claims of Virginia, which the limit necessarily given 
 to this message precludes me from mentioning. Though reserving to herself 
 a fair share of the use and benefits to be derived from these many millions of 
 acres of land, it appears that Virginia has never received an acre of land nor 
 a cent of money from this source. The Federal government accepted by reso- 
 lution this cession of Virginia containing these conditions, and is bound in 
 law and equity to discharge the obligations of the compact made with Vir- 
 ginia. The United States has fully recognized her obligations to comply with 
 all the conditions imposed in the Virginia conveyance, and cession, by ful- 
 filling all except the one reserving to Virginia a share in the use and benefits 
 of all these lands. Virginia should insist that this should be complied with. 
 As a party to the compact she is the proper party to make this demand. 
 
4 Senate Doc. ISTo. 3. 
 
 I commend to your most careful consideration the very valuable and in- 
 teresting history of this transaction and the claims of the State of Virginia 
 upon the Federal government, which has been so industriously and carefully 
 compiled by Dr. Fulton. I have had no opportunity to maker a careful per- 
 sonal examination of the statements contained in the documents 'submitted 
 to me, hence I recommend that the General Assembly of Virginia refer this 
 matter to an appropriate committee for examination and report. If the con- 
 clusions reached by that committee concur with those contained in the state- 
 ments and facts presented herewith, I then recommend that the General As- 
 sembly authorize her representatives in Congress to take such action as they 
 may think proper to have this claim of Virginia against the Federal govern- 
 ment fairly and justly settled, and that the Attorney-General of this State be 
 directed to co-operate with them and to take such action as he may think the 
 best interest of Virginia demands. 
 
 I transmit with this message a full statement of the facts and conclusions 
 obtained by Dr. Fulton in his research and investigation, with letters from 
 Superintendent Eggleston and Dr. Fulton. 
 
 Respectfully submitted, 
 
 CLAUDE A. SWANSON, 
 Governor. 
 
 COMMONWEALTH OF VIRGINIA, 
 Department of Public Instruction, 
 Richmond, Va., January 22. 1910. 
 His Excellency, Claude A. Swanson, Governor of Virginia, Richmond, Va. 
 
 Mt Dear Governor: 
 
 In the State school reports of Superintendent W. H. Ruffner for the years 
 1871-1873, extended mention is made of the claims of Virginia against the 
 United States, based on the cession of the Northwest Territory. 
 
 I started an investigation of these claims in 1906, but found that it would 
 take too much of my time from official duties. Knowing that Dr. R. B. Fulton, 
 at one time chancellor of the University of Mississippi and now president of 
 the Miller School of Virginia, had an intimate acquaintance with the public 
 land legislation and policies of the United States government, I asked him in 
 the spring of 1907 to maKe a thorough investigation of Virginia's rights in 
 the premises. 
 
 A few months ago, as you will recall, Dr. Fulton and I had a conference 
 with you in regard to this matter and laid before you the results of the in- 
 vestigation made by Dr. Fulton. You suggested certain further lines of in- 
 quiry, which have been carefully pursued since that time. 
 
 I transmit herewith a letter from Dr. Fulton, with accompanying docu- 
 ments, for your consideration and for such action as you think the interests 
 of the State demand. 
 
 I am, sir, with high regard, 
 
 Respectfully yours, 
 
 J. D. EGGLESTON, Jr., 
 Superintendent of Public Instruction. 
 
Senate Doc. No. 3. 5 
 
 THE MILLER SCHOOL, 
 Miller School Postoffice, Albkmaiile Co., Va., 
 
 Miller School, Va., December 22, 1909. 
 Hon. Joseph D. Eggleston, Superintendent of Publie Instruction, Richmond, 
 Va. 
 
 My Dear Mr. Eggleston: 
 
 In the spring of the year 1907 you called my attention to the statements 
 published by your predecessor in office, the late Dr. Wm. H. Ruffner, in his 
 first, second and third annual reports, as Superintendent of Public Instruction 
 (1871-73), regarding the reserved interest of tlie State of Virginia in the lands 
 northwest of the Ohio river, which lands she ceded, under certain conditions, 
 to the United States in 1784. Soon after this conversation, in June, 1907, you 
 requested me to make an examination of the matter to which Dr. Ruffner 
 referred, and you supplied me with copies of the reports above mentioned, 
 and gave many helpful suggestions. 
 
 The matter has had my most careful consideration. I have sought origi- 
 nal sources of information, as well as the opinions of statesmen and writers 
 which might throw light upon the subject. While its various ramifications 
 have led in many directions, have been involved with many co-ordinate or 
 conflicting interests, and have extended over a long historical period, I trust 
 that the essential facts which should form the basis of a correct judgment 
 are shown with sufficient clearness in the condensed statement herewith pre- 
 sented. 
 
 In this statement I have brought together in proper sequence certain 
 well known historical facts, and have made references to the authorities con- 
 sulted. 
 
 The subject is of more than academic interest, since it involves questions 
 of right and justice and patriotism, and concerns the great State of Virginia 
 in her relations to her sister States, and to the republic. 
 
 You are at liberty to use this paper in any way which you may think 
 proper. 
 
 Very sincerely yours, 
 
 ROBERT B. FULTON. 
 
 THE VIRGINIA LAND CESSION OF 1784. 
 
 The first settlements of the English upon the Atlantic coast of North 
 America were made under charters or grants from the British Crown. The 
 texts of these charters may be found in "Poore's Charters and Constitutions of 
 the United States." A brief discussion of the thirteen original American 
 colonies, as constituted under the Royal Charters may be found in Dr. B. A. 
 Hinsdale's "The Old Northwest.'" Hinsdale follows the texts of the charters 
 as given by Poore. 
 
 In these charters the attempts made to specify limits and boundaries in an 
 unknown Continent unavoidably led to controversy when the settlements 
 were extended from their original centers. It is not the present purpose to 
 
 ^Published by Silver, Burdett & Co., 1899. 
 
6 Senate Doc. No. 3. 
 
 discuss these controversies, but only to state such facts as relate to the sub- 
 ject in hand. 
 
 The settlement at Jamestown in 1607 was made under a charter given in 
 1606 by King James I. "But as it did not prove satisfactory, the king, in 
 1609, granted to the London Company a second charter, in which he bounded 
 the colony that henceforth monopolized the name of Virginia as follows: 
 
 " Situate, lying, and being in that part of America called 
 
 Virginia, from the point of land called Cape or Point Comfort, all along the 
 Sea-Coast to the Northward two hundred miles, and from the said point of 
 Cape Comfort, all along the Sea-Coast to the Southward two hundred miles, 
 and all that Space and Circuit of Land lying from the Sea-Coast of the Pre- 
 cinct aforesaid up into the Land throughout from Sea to Sea. And also all 
 the Islands lying within one hundred miles along the Coast of both Seas of 
 the Precinct aforesaid "■ 
 
 When Virginia asserted her independence and organized her government 
 as a sovereign State in 1776, she reaffirmed her charter right to the territo'-y 
 in the limits fixed by King James I, in 1609. Section XXI of her Constitu- 
 tion, adopted June 29, 1776, reads: 
 
 "The territories contained within the charters erecting the colonies 
 Maryland, Pennsylvania, North and South Carolina, are hereby ceded, re- 
 leased and forever confirmed to the people of those colonies respectively, with 
 all the rights of property, jurisdiction, and government, and all other rights 
 whatsoever which might at any time heretofore have been claimed by Vir- 
 ginia, excepting the free navigation and use of the rivers Potomack and Poho- 
 moke, with the property of the Virginia Shores or Strands bordering on 
 either of the said rivers, and all improvements which have been or shall be 
 made thereon. 
 
 "The western and northern extent of Virginia shall in all other respects 
 stand as fixed by the charter of King James the first, in the year one thou- 
 sand six hundred and nine, and by the publick treaty of peace between the 
 courts of Great Britain and France in the year one thousand seven hundred 
 and sixty-three; unless, by act of legislature, one or more territories shall 
 hereafter be laid off, and governments established westward of the Alleghany 
 Mountains. And no purchase of lands shall be made of the Indian natives 
 but on behalf of the public, by Authority of the General Assembly."^ 
 
 This territorial claim of Virginia, based uon her charter, placed her 
 western bonudary at the Mississippi River, and left an undetermined exten- 
 sion northward for her territory northwest of the Ohio River. 
 
 Acting under instructions from the Governor and Council of Virginia, 
 dated January 2, 1778, George Rogers Clark, in command of Virginia troops, 
 in 1778 and 1779, captured all the British posts in the territory northwest of 
 the Ohio, excepting those in the extreme north on the great lakes, and held 
 the territory from the Ohio to the lakes in the name of Virginia. 
 
 "The Northwest had been won by a Virginia Army, commanded by a 
 Virginia officer, put in the field at Virginia's expense. "* 
 
 ^Hinsdale. The Old Northwest, p. 73. 
 'Hening's Statutes of Va., Vol. 9, pp. 118-119. 
 'Hindale's "The Old Northwest," p. 158. 
 
Senate Doc. No. 3. 7 
 
 On October 27, 1777, the Continental Congress in framing the Articles 
 'it Confederation which were to be rrabmitted to the sevei-al States for ac- 
 ceptance, inserted a clause to the effect that "No State shall be deprived of 
 territory for the benefit of the United States."^ 
 
 "The six smaller States which held no western lands contended with 
 tenacity and determination that said lands should not be held by the States 
 owning them for their exclusive use, while the seven States which claimed 
 and under the Confederation held vast sections of crown grant lands in the 
 West held the contrary opinion."" 
 
 Maryland refused to sign the Articles of Confederation until the States 
 holding or claiming western territory should make a surrender of these lands 
 or claims to the United States. Her General Assembly voted on December 15, 
 1778, vigorous instructions to her delegates in Congress urging the views and 
 contentions of Maryland, which were presented in Congress January 6, 1779.^ 
 A still more earnest paper adopted the same day, December 15, 1778, was not 
 presented in Congress until May 21, 1779.''-a 
 
 In reply to this action by Maryland the General Assembly of Virginia, on 
 December 14, 1779, addressed to the delegates of the United States in Con- 
 gress assembled a "Remonstrance," firm and vigorous in tone.** 
 
 On the 7th of March, 17S0, the delegates in Congress from New York pre- 
 sented an act of the legislature of that State offering to limit the boundaries 
 of that State on the "West, leaving to the United States territory in the west 
 claimed by New York.' Her claim was largely based upon treaties with the 
 Indians. 
 
 Following the reception of these papers, Congress took the following 
 action:' 
 
 IN CONGRESS OF THE CONFEDERATION, 
 
 Wednesday, Septeviber 6, 1780. 
 
 "Congress took into consideration the report of the committee to whom 
 were referred the instructions of the General Assembly of Maryland to their 
 delegates in Congress respecting the Articles of Confederation and the decla- 
 ration therein referred to, the act of the legislature of New York on the same 
 subject, and the remonstrance of the General Assembly of Virginia; which 
 report was agreed to, and is in the words following: 
 
 "That having duly considered the several matters to them submitted, 
 they consider it unnecessary to examine into the merits or policy of the in- 
 structions or declarations of the General Assembly of Maryland, or of the 
 remonstrance of the General Assembly of Virginia, as they involve questions, 
 a discussion of which was declined, on mature consideration, when the 
 Articles of Confederation were debated; nor, in the opinion of the committee, 
 can such questions be now revived with any prospect of conciliation; that it 
 appears more advisable to press upon those States which can remove tne em- 
 
 ''Secret Journals of Consross under date, October 27, 1777. 
 
 'History of the Public Domain, Government Printing Office, p. 60. 
 
 'History of the Public Domain, pp. 61-2. 
 
 'a Secret Journals of Congress, date of Ma.v 21, 1779. 
 
 'Hening's Statutes of Virginia, Vol. X, pp. 546 et seq. 
 
 'History of the Public Domain, p. 63, Journals of Congress, March 7, 1780. 
 
 'Journals of Congress, September 6, 1780, History of the Public Domain, p. 64. 
 
8 Senate Doc. No. 3. 
 
 barrassments respecting the western country a liberal surrender of a por- 
 tion of their territorial claims, since they cannot be preserved entire without 
 endangering the stability of the general confederacy; to remind them how 
 indispensably necessary it is to establish the Federal Union on a fixed and 
 permanent basis, and on principles acceptable to all its members; how es- 
 sential to public credit and confidence, to the support of our army, to the 
 vigor of our councils and success of our measures, to our tranquillity at 
 home, our reputation abroad, to our very existence as a free, sovereign, and 
 independent people; that they are fully persuaded the wisdom of the respec- 
 tive legislatures will lead them to a full and impartial consideration of a sub- 
 ject so interesting to the United States, and so necessary to the happy estab- 
 lishment of the Federal Union; that they are confirmed in these expectations 
 by a review of the before-mentioned act of the legislature of New York, sub- 
 mitted to their consideration; that this act is expressly calculated to accele- 
 rate the Federal Alliance, by removing, as far as depends on that State, the 
 impediment arising from the western country, and for that purpose to yield 
 up a portion of territorial claim for the general benefit; whereupon, 
 
 Resolved, That copies of the several papers referred to the committee 
 be transmitted, with a copy of the report, to the legislatures of the several 
 States, and that It be earnestly recommended to those States tvho have claims 
 to the western country, to pass such laws, and give their delegates in Con- 
 gress such powers as may effectually remove the only obstacle to a final rati- 
 fication of the Articles of Confederation; and that the legislature of Maryland 
 be earnestly requested to authorize the delegates in Congress to subscribe the 
 said article."^ 
 
 The State of Virginia, then in actual possession of that part of her 
 chartered domain situated northwest of the river Ohio, from which her 
 "" own troops, under the command of Colonel George Rogers Clark, had 
 
 driven the British forces, by act of her General Assembly, dated January 
 2, 1781, submitted a proposition for the cession of these western 
 lands.^ 
 
 The Congress of the Confederation, by act of September 13, 1783, 
 agreed to receive and accept this proposition after certain changes 
 therein.' 
 
 The final form of the deed of cession, after amendment by Congress, was 
 approved and adopted by the General Assembly of Virgia, under date of the 
 20th of October, 1783.^ 
 
 On March 1, 1784, Virginia, through her delegates in the Congress of the 
 Confederation, Thomas Jefferson, Samuel Hardy, Arthur Lee and James Mon- 
 roe, completed the act of cession, the following record showing the proceed- 
 ings had in Congress i'^ 
 
 Journals of Congress, September 6, 1780, History of the Public Domain, p. 64. 
 
 ^History of tho Public Domain, p. 67, Hening's Statutes of Virginia, Vol. 10, p. 564. 
 
 'Journals of Congress, date of September 13, 17S3. 
 
 ^Hening's Statutes of Virginia, Vol. 11, pp. 566-575. 
 
 ''History of the Public Domain, pp. 68-70, Journals of Congress, March 1, 1784. 
 
Senate Doc. No. 3. 9 
 
 "On motion of Mr. Howell, of Rhode Island, the following resolution was 
 adopted: 
 
 "Whereas the General Assembly of Virginia, at their session, commenc- 
 ing on the 20th day of October, 1783, passed an act to authorize their dele- 
 gates in Congress, to convey to the United States in Congress assembled, all 
 the right of that Commonwealth to the territory northwestward of the river 
 Ohio: and whereas the delegates of the said Commonwealth have presented 
 to Congress the form of a deed proposed to be executed pursuant to the said 
 act, in the words following: 
 
 "To all who shall see these presents, we, Thomas Jefferson, Samuel 
 Hardy, Arthur Lee, and James Monroe, the underwritten delegates for the 
 Commonwealth of Virginia, in the Congress of the United States of America, 
 send greeting: 
 
 "Whereas the General Assembly of the Commonwealth of Virginia, at 
 their session begun on the 20th day of October, 1783, passed an act entitled 
 'An act to authorize the delegates of this State in Congress, to convey to the 
 United States in Congress assembled, all the right of this Commonwealth to 
 the territory northAvestward of the river Ohio,' in these words following, 
 to-wit: 
 
 "Whereas the Congress of the United States did, by their act of 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 waste and unappro- 
 priated lands in the western country, a liberal cession to the United States, 
 of a portion of their respective claims, for the common benefit of the Union: 
 and whereas this Commonwealth did, on the second day of January, in the 
 year one thousand seven hundred and eighty-one, yield to the Congress of the 
 United States, for the benefit of the said States, all right, title, and claim, 
 which the said Commonwealth had to the territory northwest of the river 
 Ohio, subject to the conditions annexed to the said act of cession. 
 
 "And whereas the United States in Congress assembled have, by their 
 act of the 13th of September last, stipulated the terms on which they agree 
 to accept the cession of this State, should the legislature approve thereof, 
 which terms, although they do not come fully up to the proposition of this 
 Commonwealth, are conceived, on the whole, to approach so nearly to them, 
 as to induce this State to accept thereof, in full confidence, that Congress 
 will, in justice to this State, for the liberal cession she has made, earnestly 
 press upon the other States claiming large tracts of waste and uncultivated 
 territory, the propriety of making cessions equally liberal, for the common 
 benefit and support of the Union: 
 
 (A) "Be it enacted by the General Assemhly, 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 the said delegates, or such 
 of them so assembled, are hereby fully authorized and empowered, for and on 
 behalf of this State, by proper deeds or instrument in writing, under their 
 hands and seals, to convey, transfer, assign, and make over, unto the United 
 States in Congress assembled, for the benefit of the said States, all right, title, 
 and claim, as well of soil as jurisdiction, which this Commonwealth hath to 
 the territory or tract of country within the limits of the Virginia charter, 
 situate, lying, and being, to the northwest of the river Ohio, subject to the 
 terms and conditions contained in the before-recited act of Congress of the 
 
10 Senate Doc. No. 3. 
 
 thirteenth day of September last; that is to say, upon condition that the t'-r- 
 ritory so ceded shall be laid out and formed into States, containing a suitable 
 extent of territory, not less than one hundi'ed, nor more than one hundred 
 and fifty miles square, or as near thereto as circumstances will admit; and 
 that the States so formed shall be distinct republican States, and admitted 
 members of the Federal Union; having the same rights of sovereignty, 
 freedom, and independence, as the other States. 
 
 (B) "That the necessary and reasonable expenses incurred by this State, 
 in subduing any British posts, or in maintaining forts and garrisons within, 
 and for the defence, or in acquiring any part of, the territory so ceded or 
 relinquished, shall be fully reimbursed by the United States: and that one 
 commissioner shall be appointed by Congress, one by this Commonwealth, 
 and another by those two commissioners, who, or a majority of them, shall be 
 authorized and empowered to adjust and liquidate the account of the neces- 
 sary and reasonable expenses incurred by this State, which they shall judge 
 to be comprised within the intent and meaning of the act of Congress, of the 
 tenth of October, one thousand seven hundred and eighty, respecting such ex- 
 penses. (C) That the French and Canadian inhabitants, and other settlers 
 of the Kaskaskies, St. Vincents, and the neighboring villages, who have pro- 
 fessed themselves citizens of Virginia, shall have their possessions and titles 
 confirmed to them, and be protected in the enjoyment of their rights and liber- 
 ties. (D) That a quantity not exceeding one hundred and fifty thousand acres 
 of land, promised by this State, shall be allowed and granted to the then colo- 
 nel, now General George Rogers Clarke, and to the officers and soldiers of his 
 regiment, who marched with him when the posts of Kaskaskies and St. Vin- 
 cents were reduced, and to the officers and soldiers that have been since incor- 
 porated 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 a majority of the officers shall choose, and to be afterwards 
 divided among the said officers and soldiers in due proportions, according to 
 the laws of Virginia. 
 
 (E) "That in case the quantity of good land 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 Miami, on the 
 northwest side of the river Ohio, in such proportions as have been engaged 
 to them by the laws of Virginia. 
 
 (F) "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 pur- 
 poses, or disposed of iti bounties to the officers and soldiers of the American 
 army, shall be considered as a common fund for the use and benefit of such 
 of the United States as have become, or shall become, members of the Con- 
 federation or federal alliance of the said States, Virginia inclusive, accord- 
 ing to their usual respective proportions in the general charge and expendi- 
 tures, and shall be faithfully and bona fide disposed of for that purpose, and 
 for no other use or purpose whatsoever. Provided, That the trust hereby 
 
Senate Doc. No. 3. 11 
 
 reposed in the delegates of this State, shall not be executed unless three of 
 them at least are present in Congress. 
 
 "And whereas the said General Assembly, by their i-esolution of June 
 sixth, one thousand seven hundred and eighty-three, had constituted and 
 appointed us, the said Thomas Jefferson, Samuel Hardy, Arthur Lee and 
 James Monroe, delegates to represent the said Commonwealth in Congress for 
 one year, from the first Monday in November then next following, which 
 resolution remains in full force: 
 
 "Now, therefore, know ye, that we, the said Thomas Jefferson, Samuel 
 Hardy, Arthur Lee and James Monroe, by virtue of the power and authority 
 committed to us by the act of the said General Assembly of Virginia, before 
 recited, and in the name, and for and on behalf of the said Commonwealth, 
 do, by these presents, convey, transfer, assign, and make over, unto the 
 United States, in Congress assembled, for the benefit of the said States, Vir- 
 ginia inclusive, all right, title and claim, as w^ell of soil as jurisdiction, which 
 the said Commonwealth hath to the territory or tract of country within the 
 limits of the Virginia charter, situate, lying, and being, to the northwest of 
 the river Ohio, to and for the uses and purposes and on the conditions of the 
 said recited act. In testimony whereof, we ha,ve hereunto subscribed our 
 names and affixed our seals, in Congress, the first day of March, in the year 
 of our Lord one thousand seven hundred and eighty-four, and of the Inde- 
 pendence of the United States the eighth." 
 
 Resolved. That the United States Congress in assembled are ready to 
 receive this deed, whenever the delegates of the State of Virginia are ready 
 to execute the same. 
 
 The delegates of Virginia then proceeded and signed, sealed, and delivered 
 the said deed; whereupon Congress came to the following resolution: 
 
 Resolved, That the same be recorded and enrolled among the acts of the 
 United States, in Congress assembled. 
 
 By these enactments Virginia ceded and the United States, in Con- 
 gress assembled, accepted all of her territory northwest of the river 
 Ohio, under the several conditions above shown. On July 7, 1786, Con- 
 gress asked of Virginia alterations of the conditions of the above act of 
 cession, as far as these conditions relate to the limits of new States to 
 be formed in the territory so ceded, on account of difficulty in forming 
 the lands into States with boundaries as contemplated in fue deed of 
 cession. Following is the resolution adopted in Congress July 7, 1786'=: 
 
 "Resolved. That it be, and it hereby is, recommended to the Legislature 
 of Virginia to take into consideration their act of cession, and revise the 
 same so far as to empower the United States in Congress assembled to make 
 such a division of the territory of the United States lying northerly and 
 westerly of the river Ohio, into distinct republican States, not more than 
 five, nor less than three, as the situation of that country and future circum- 
 stances may require; which States shall hereafter become members of the 
 Federal Union, and have the same rights of sovereignty, freedom, and inde- 
 pendence, as the original States, in conformity with the resolution of Congress 
 of the 10th of October, 1780." 
 
 "History of the Public Domain, pp. 69-70. Journals of Congress, July 7, 1786. Hening's Stat- 
 utes of Virginia, December 30, 1788, Vol. 12, p. 780. 
 
12 Senate Doc. No. 3. 
 
 On July 13, 1787, Congress passed the ordinance for the government of 
 the territory northwest of the river Ohio, which embraced the above propo- 
 sition as to the number of States in the Virginia cession. The subject matter 
 of this ordinance had been under consideration by Congress from May 10, 
 1786.' 
 
 December 30, 1788, the General Assembly of the State of Virginia passed 
 the following (Act of Virginia of 30th of December, 1788) : 
 
 "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 circum- 
 stances 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 thirteenth of July, one thousand seven hundred 
 and eighty-seven, declared the following as one of the articles of compact be- 
 tween the original States and the people and States in the said territory, viz.: 
 
 "Article V. 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 Vincent's, due nortB 
 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 Vincent's 
 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, hotoever, 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 what- 
 ever; 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 
 
 'History of tlie Public Domain, p. 150. 
 
Senate Doc. No. 3. 13 
 
 there may be a less number of free inhabitants in the State than sixty- 
 thousand." 
 
 And it is expedient that this Commonwealth do assent to the proposed 
 alteration, so as to ratify and conform 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 said territory northwest of Ohio river be, and the same is hereby, ratified 
 and confirmed, anything to the contrary in the deed of cession of the said 
 territory by this Commonwealth to the United States notwithstanding."* 
 
 That there was thus formed a definite contract and agreement between 
 the United States and the State of Virginia, and an engagement by Congress 
 to carry out the definite purposes and conditions of this agreement, is clearly 
 shown by the words of the acts above quoted, and the circumstances under 
 which they were passed. 
 
 That the distinct conditions upon which Virginia's deed of cession was 
 made were recognized as binding by the United States, at the first, is shown 
 by the fact that the several conditions, marked (A), (B), (C), (D), (E), 
 above, have, through various later enactments, been carefully fulfilled by 
 Congress. (See Land Laws of the United States.) 
 
 The obligation and engagement distinctly stated in the last condition 
 upon which the Virginia cession was made and accepted, marked (F) above, 
 must remain forever binding as at first, unless annulled by formal joint 
 action by Congress and the State of Virginia, or rendered void by the adop- 
 tion of the Constitution of the United States after the cession was made, or 
 specifically fulfilled by Congress. 
 
 There has been no legislation by the State of Virginia and the Congress 
 changing this last condition. 
 
 The Constitution of the United States, Article IV, Section 3, declares that 
 regulations respecting the territory or other property belonging to the United 
 States; a7id nothing in this Constitution shall he so eonstrued as to prejudice 
 any elaims of the United States or of any particular State." 
 
 Article VI of the Constitution of the United States declares that "All 
 debts contracted, and engagements entered into, before the adoption of this 
 Constitution, shall be as valid against the United States under this Constitu- 
 tion, as under the Confederation." 
 
 The engagement entered into by the United States with Virginia is thus 
 not rendered void, but reaffirmed by the terms of the Constitution of the 
 United States. 
 
 As to the fulfillment of this last and most important of the conditions 
 and engagements in Virginia's act of cession, it appears from all the history 
 and record of the matter that Virginia, through no fault of hers, has en- 
 tirely failed to receive her due and proportionate share of the use and benefit 
 of these lands in the territory northwest of the river Ohio, as distinctly pro- 
 vided and reserved in her deed of cession. 
 
 The following statement, relating to the specific performance of the en-« 
 gagement entered into by Congress to dispose of the lands ceded by Virginia 
 
 'Hi.story of the Public Domain, p. 70. Henins's Statutes of Virginia, Vol. 12, p. 780. 
 
14 Senate Doc. N"o. 3. 
 
 in the manner and for the purpose stipulated, can be verified by the citations 
 given. 
 
 As above recited, on March 1, 1784, the United States acquired from 
 Virginia title to the soil and jurisdiction of the territory northwest of the 
 river Ohio under the conditions stated. Immediately Congress began the 
 enactment of legislation for the government of this territory, and for the 
 disposition of the lands therein. 
 
 On March 1, 1784," a committee, consisting of Mr. Jefferson, of Virginia, 
 Mr. Chase of Maryland, and Mr. Howell of Rhode Island, submitted to 
 Congress a plan for the temporary government of the Western Territory. 
 This report was discussed and finally adopted, after amendment, on April 
 23, 1784.1 
 
 This remained in force as law until the adoption of the Ordinance for 
 the government of the Territory of the United States northwest of the river 
 Ohio of July 13, 1787.= 
 
 These two ordinances related in their terms only to the government 
 of the territory, and not to the disposition of the lands therein. 
 
 On April 29, 1784,^ Congress, by resolution, called the attention of the 
 States still holding western lands to the fact of former resolutions of Con- 
 gress asking for cessions; and "in presenting another request for further 
 cessions," stated (speaking of persons who had furnished supplies to carry 
 on the war) : "These several creditors have a right to expect that funds shall 
 be provided on which they may rely for their indemnification; that Congress 
 still considers vacant territory as an important resource, and that, there- 
 fore, the said States be earnestly pressed, by immediate and liberal cessions, 
 to forward these necessary ends, and to promote the harmony of the Union." 
 This was in accordance with a request made in Virginia's deed of cession. 
 
 These western lands were looked upon by all the financiers of this period 
 as an asset to be cashed at once for payment of current expenses of Govern- 
 ment and entinguishment of the national debt.^ 
 
 On the 20th of May, 1785,=* Congress passed an ordinance for ascertain- 
 ing the mode disposing of lands within the western territory. It not only 
 included disposition, but it gave the first plan of the survey of the lands t^irior 
 to disposition. Under this ordinance the Board of Treasury (the Treasury 
 Department prior to and under the Confederation; see ordinances of Con- 
 gress of February 17, 1776, of July 30, 1779, and of May 28, 1784), consist- 
 ing of three Commissioners, were to receive the plats of surveys from the 
 geographer (now surveyor-general) in charge of surveys. The Secretary of 
 War was then to draw by lot certain townships for land bounties for the 
 use of the Continental army, and the Board of Treasury was to draw the 
 remainder by lot in the name of the thirteen States, respectively, who were 
 to advertise and sell them at public sale for not less than one dollar per acre. 
 
 The provision for drawing certain tracts in the name of the thirteen 
 
 "History of the Public Domain, pp. 147-149. Journals of Congress, March 1, 1784. 
 
 ^History of the Public Domain, pp. 148-149. Journals of Congress, April 23, 1784. 
 
 -History of the Public Domain, pp. 149-153. Journals of Congress, July 13, 1787. 
 ^History of the Public Domain, pp. 196-197. 
 
Senate Doc. No. ;5. 15 
 
 States was a move towards carrying out the last specific condition in the 
 Virginia deed of cession. The clause requiring the drawing for the thirteen 
 States was repealed by Congress July 9, 1788/ 
 
 March 3, 1795,-^ Congress by law provided that "the net proceeds of the 
 sales of lands belonging, or which shall hereafter belong, to the United 
 States, in the Western Territory thereof," should constitute a portion of the 
 sinking fund of the United States for the redemption of the public debt. 
 
 May 18, 1796,'* Congress passed the act for the sale of the lands of the 
 United States in the territory northwest of the river Ohio, providing for the 
 sale of the surveyed lands in sections of 640 acres, at not less than two 
 dollars per acre, the proceeds to be paid to the Treasurer of the United States. 
 
 "The general policy of land legislation by Congress was, for the first 
 thirty years, to meet exigencies by temporary enactments from time to time. 
 This policy was continued down to the period of the passage of the pre- 
 emption act of 1841."" 
 
 Under this policy Congress fell into the habit of donating lands freely 
 and liberally in the territory ceded by Virginia, apparently without con- 
 sidering whether or not the conditions of this cession were being fulfilled 
 by such donations and grants for local benefit. 
 
 As the result of this indefinite policy, the lands in the territory ceded 
 by Virginia have been practically all disposed of by the United States, with- 
 out any adjustment or settlement of Virginia's reserved interest therein. 
 
 Passing by, for the present, the facts, which are of record in the Treas- 
 ury Department of the government, showing the receipts from the lands 
 which w^ere sold by the United States in the territory ceded by Virginia, and 
 the disposition made of these receipts in the, payment of the public indebted- 
 ness, or otherwise, attention is called to the facts regarding the disposal by 
 Congi'ess of large tracts of land, in the territory ceded by Virginia, for 
 various purposes essentially local in their character, in the states organized 
 in that territory, in which purposes and the subsequent uses and benefits 
 of the land thus donated Virginia and the others of the original thirteen 
 states had no part. 
 
 The History of the Public Domain, prepared by the Public Land Com- 
 mission, in pursuance of the acts of Congress of March 3, 1879, and June 16, 
 1880, revised under subsequent acts of Congress and published by the Gov- 
 ernment Printing Office, 1884, and the Land Laics of the United States, Vols. 
 I and II (House Miscellaneous, 2nd Session, 47th Congress, 1882-1883, Volumes 
 XVII and XVIII), show that Congress has made grants or donations of lands 
 for the special benefit of the five states, Ohio, Indiana, Illinois, Michigan, Wis- 
 consin, formed out of the territory ceded by Virginia, as follows: 
 
 1. One section or square mile in each township of thirty-six square miles 
 was given in these States by Congress to the legislatures of these five States 
 for public schools. This means one thirty-sixth part of the lands in each 
 State, a total of 4,365,917 acres.' 
 
 ^History of the Public Domain, p. 197. Journals of Congress, July 9, 17S8. 
 "History of the Public Domain, p. 200. Journals of Congress, under dates given. 
 'History of the Public Domain, p. 205. 
 
 'History of the Public Domain, pp. 223-228. Land Laws of the United States, Vol. I, Nos. 28, 
 215, 346, 493, 622. 
 
1(> Senate Doc. No. 3. 
 
 2. A donation of 72 square miles (and more in Ohio and Wisconsin) 
 was given to each of these five States for seminaries of learning or State 
 universities — ^^a total of 299,520 acres." 
 
 3. Three per cent, or five per cent, of the net receipts for sales of lands 
 by the United States in each of these States was given to the States for 
 roads, etc. The amounts which have accrued to the several States formed 
 out of territory ceded by Virginia from these grants, up to June 30, 1S80, 
 are, for Illinois, $712,744.82; for Indiana, $618,277.50; for Michigan, $471,- 
 344.55; for Ohio, $596,634.10; for Wisconsin, $455,253.73. These amounts in 
 Indiana, Illinois, and Ohio represent three per cent, of the net proceeds of 
 the sales of public lands in those States, and in Michigan and Wisconsin five 
 per cent, of such proceeds; total, $2,854,254.70.' 
 
 4. Congress gave to each of these five states 500,000 acres of the public 
 lands in these States for internal improvements — a total of 2,500,000 acres." 
 
 5. For canal construction purposes Congress gave to Indiana, Ohio, Illi- 
 nois, Wisconsin and Michigan, from the year 1824 to June 30, 1880, a total of 
 4,424,073.06 acres.^ 
 
 6. For military roads in Wisconsin and Michigan within the same period 
 Congress gave more than 523,000 acres." 
 
 7. Land grants for railroads, to these States, and corporations therein, 
 up to June 30, 1880, amounted to, in Illinois, 2,595,053 acres; in Michigan, 
 3,355,943 acres; in Wisconsin, 3,553,865 acres; total, 9,504,861 acres.' 
 
 8. Congress gave to these several States salt springs and saline lands,, 
 as follows: to Ohio, 24,216 acres; to Indiana, 23,040 acres; to Illinois, 121,029 
 acres; to Michigan, 46,080 acres, — a total of 214,371 acres.^ 
 
 9. Under the Swamp Land acts Congress gave to Illinois, 1,451,974 acres; 
 to Indiana, 1,252,708 acres; to Michigan, over 5,640,000 acres; to Wisconsin, 
 over 3,036,548 acres; to Ohio, 25,640 acres; — a total of over 11,406,847 acres." 
 
 10. Congress gave in land bounties to soldiers of the Continental Line 
 and in the War of 1812, 8,095,220 acres in the territory ceded by Virginia, 
 and the grants made in the reserved Virginia Military District for the Vir- 
 ginia troops on Continental establishment amounted to 3,770,000 acres, — a 
 total granted in bounties up to 1861 on these two accounts of 11,865,220 
 acres." 
 
 11. Besides all the above, there were numerous grants on special ac- 
 counts for river improvements, private donations, to special schools, for the 
 local support of religious work, etc. These grants, mentioned in the History 
 of the Public Domain, and in the Land Laws of the United States, show a 
 total of over 100,000 acres for such uses purely local. 
 
 That part of Minnesota lying east of the Mississippi River and of the 
 95th meridian, was included in Virginia's cession. It includes, by count 
 
 ^History of the Public Domain, p. 228. 
 
 "History of the Public Domain, p. 238. 
 
 "Idem, p. 255. 
 
 ildem, p, 250. 
 
 =Idem, p. 260. • 
 
 ^Idem, pp. 269-70. 
 
 <Idem, p. 218. 
 
 Hdem, p. 223. 
 
 "Idem, pp. 232-4. 
 
Senate Doc. Xo. ?>. 17 
 
 of townships and fractions on our official United States map, 16,588,800 acres. 
 The total acreage of lands surveyed by the United States in the territory 
 
 ceded by Virginia is as follows:' 
 
 In Ohio 25,576,960 acres 
 
 In Indiana 21,937,760 acres 
 
 In Illinois 35,465,093 acres 
 
 In Michigan 36,128,640 acres 
 
 In Wisconsin 34,51 1,360 acres 
 
 In Minnesota, east of Mississippi River... 16,588,800 acres 
 
 Total 170,208,613 acres 
 
 In IMinnesota Congress gave even more liberally to local uses. As shown 
 by the citations above, one-eighteenth of the area of Minnesota was given for 
 schools, and for all the local uses above specified a total of 17,184,233 acres 
 was granted. Approximately one-third of all the land in this State was thus 
 given for local uses. In that part of the State lying in the Virginia cession 
 this would amount to 5,529,600 acres, and $99,400.00 in cash. 
 
 The amounts of land granted by Congress to Ohio, Indiana, Illinois, 
 Michigan, and Wisconsin, or to persons in these States, for local uses, as 
 shown under the headings numbered above, omitting the 10th heading, are 
 as follows: 
 
 1 4,365,917 acres 
 
 2 299,520 acres 
 
 3 $2,854,254.70 
 
 4 2,500,000 acres 
 
 5 4,420,073.06 acres 
 
 6 523,000 acres 
 
 7 9,504,861 acres 
 
 8 214,371 acres 
 
 9 11,406,847 acres 
 
 11 100,000 acres 
 
 Total 33,334,589.06 acres 
 
 and $2,854,254.70 in cash. 
 
 Similar grants in Minnesota, east of the 
 
 Mississippi, amounted to 5,529,600 acres 
 
 and $99,400.00 in cash. 
 
 I 
 
 Total for local uses 38,864,189.06 acres 
 
 and $2,953,654.70 in cash. 
 
 It thus appears that more than one-fiftli part of the lands ceded by Vir- 
 ginia under definite proviso and conditions reserving to Virginia an interest 
 in them, has been disposed of in ways that gave no "use" or "benefit" to 
 Virginia, having been donated by Congress to local interests. 
 
 At the time when Virginia ceded her western territory to the United 
 States her "usual respective proportion in the general charge and expendi- 
 ture" was about one-seventh of the whole, as shown by the requisition made 
 
 'History of the Public Domain, p. 189. 
 
18 Senate Doc. No. 3. 
 
 by Congress upon the thirteen States at that time. At the time of the 
 cession her reserved interest was, therefore, one-seventh of all the lands not 
 specifically applied to the purposes stated in the deed of cession. 
 
 The value of the lands donated to local uses, amounting to 38,864,189 
 acres, as shown above, computed at $2.00 per acre, which was the price fixed 
 by Congress when they were offered for sale, by the act of May 18, 1796,' 
 
 would be $77,728,378.00 
 
 The donated percentage on sales was 2,953,654.70 
 
 Total value of donations $80,681,032 70 
 
 The total area surveyed by the United States in the States formed in the 
 Virginia cession, as above shown amounted to 170,208,613 acres 
 
 The total granted for local uses was 38,864,189 acres 
 
 Total granted in bounties to soldiers 11,865,220 acres 
 
 As shown above 50,729,409 acres 
 
 170,208,613 acres 
 50,729,409 acres 
 
 Balance sold, or to be sold 119,479,204 acres 
 
 The price received varied from time to time, but probably averaged at 
 least $1.00 per acre. This would indicate receipts from sales of lands in the 
 Virginia cession aggregating probably $100,000,000. The exact facts are mat- 
 ters of record in the Departments in Washington. 
 
 A study of all the acts and resolutions passed by Congress and the sev- 
 eral States regarding the cession of lands claimd by the original States, as 
 set forth in the History of the Public Domain, pages 60 to 81, shows that 
 these cessions were asked by Congress, and made by the States for the pur- 
 pose of securing, through the sale of the lands, funds by which the financial 
 embarrassment of Congress could be relieved, and the public debt extin- 
 guished. The Act of Congress of March 3, 1795, above quoted, distinctly pro- 
 vides for this use of the proceeds of the lands ceded. The public debt in- 
 curred in the War of the Revolution was eventually extinguished, and it 
 appears from the last condition in Virginia's deed of cession that, as soon 
 as this was accomplished her reserved interest should have become imme- 
 diately available for her use and benefit. 
 
 No attempt has been made in this paper to discuss the interest of any 
 other of the original thirteen States in Virginia's cession. It appears that 
 Kentucky and West Virginia, being formed out of territory that was a part 
 of Virginia when the cession of the Northwest Territory was made, would 
 logically have an interest dependent on Virginia's interest. 
 
 I have not found that the State of Virginia has ever taken formal action 
 looking to an investigation or adjustment of her reserved interest in the 
 lands ceded to the United States March 1, 1784. 
 
 Very respectfully, 
 
 R. B. FULTON. 
 
 •History of the Public Domain, p. 205. 
 
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