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1783.]

CESSION BY VIRGINIA.

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They comment on each of those conditions in succession, and report their views on each.

They say that the first, laying off the ceded territory into States, is provided for by the act of Congress of October, 1780.

That to comply with the second condition, in conformity with the act of the tenth of October, three Commissioners should be appointed by Congress and Virginia, to ascertain the expenses incurred by that State, according to the provisions of the act of Congress.

They approve of the third, fourth, fifth and sixth conditions, which provide for the protection of the French and Canadian settlers; for the bounty to George Rogers Clarke and his associates; for making good, on the northwest of the Ohio, any contingent deficiency of lands reserved, they provide lands on the south-east of that river; and that the ceded territory shall be a common fund for all the States.

The seventh condition, declaring certain purchases and grants void, they consider improper-the sixth condition being sufficient on this point.

The eighth condition, guaranteeing to Virginia the lands within the boundaries named, they object to as either unnecessary or unreasonable.

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The Legislature of Virginia, at its next session, passed an act, which, after referring to the act of Congress of the sixth of September, 1783, declared that though the terms in which Congress therein declares it will accept the cession of Virginia "do not come fully up to the positions made by the Commonwealth of Virginia," yet they are considered to approach so nearly to those propositions, as to induce the State to accept them, in the confidence that Congress will press upon other States having large claims to waste and uncultivated territory, to make

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CESSION OF VIRGINIA ACCEPTED.

[CHAP. IV.

equally liberal cessions of them. They therefore authorise their Delegates in Congress to convey by deed all the right of Virginia both as to soil and jurisdiction of the country north-west of the Ohio, on the conditions therein specified.

In consequence of which act, the Delegates of the State -Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe-convey to the United States all the right of Virginia to the said north-west territory.

It was then moved that Congress was ready to receive the deed in conformity with this act of Assembly of Virginia. But a proviso was moved, that the acceptance of this cession should not be considered to imply any decision or opinion of Congress respecting the validity of the claim of Virginia; but the motion received the votes only of Rhode Island, New Jersey, and Pennsylvania, and was, of course, rejected.

The question of acceptance was finally carried by all the votes present, except one from South Carolina; when the deed was executed by the Delegates from Virginia, and recorded among the acts of Congress: and thus was interposed that spirit of conciliation and compromise which has so often proved the guardian genius of the United States, without which salutary influence diversities of interests, and even of opinion, must often have produced, among so many independent members, interminable discord, and pèrhaps fatal strife.

In the month of April, Sir Guy Carleton having arrived at New York to take command of the troops there, sent off a number of the negroes which had been brought from South Carolina and the other Southern States; and subsequently speaking of this in a letter to General Washington, he said he learnt, with concern, that in so doing he had departed from the terms of the

1783.1

EQUESTRIAN STATUE TO WASHINGTON.

317

treaty. He justified the act on the ground that he found those people free when he took the command, and he did not conceive he had the right to prevent their going whither they pleased. He had, however, taken the precaution to have the name of every negro, and also that of his master registered, as well as his value. General Washington, in his reply, said it was not for him to decide how far this was an infraction of the treaty; but it was his private opinion that the measure was against both the spirit and letter of that instrument.

Congress directed that this correspondence should be transmitted to their foreign ministers, who were instructed to remonstrate against it to Great Britain, and to take measures for reparation; and that the Commander-inchief should continue his remonstrances to Sir Guy Carleton.

Congress having requested the attendance of the Commander-in-chief, a committee of five members was appointed to confer with him on the peace arrangement, and to report the proper manner of receiving him; and a house was provided for him.

On the same day they resolved to erect an equestrian statue to him of bronze, at the place where the residence of Congress should be established. They also prepared devices and an inscription to be placed thereon.

On the twenty-sixth of August, General Washington having been introduced by two members, was addressed by the President in terms strongly expressive of his merits, as well as of the grateful sense entertained of them by Congress; and adding, that his country still needed his services in forming its peace establishment.

To this address he becomingly replied: he could not hesitate to comply with their request, until the definitive treaty of peace, or the final evacuation of the country by

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PERMANENT SEAT OF CONGRESS.

[CHAP. IV. the British forces; after either of which, he should ask permission to retire to private life. He concluded with a devout expression of thanks to God, and his grateful acknowledgments to his country for the uniform support he had received in every change of fortune, and for the distinguished honors conferred on him by Congress.

The individuals who had been tried for the late mutiny, and convicted, were pardoned by Congress on the thirteenth of September, they not appearing to have been the principals in the mutiny, and no lives having been lost, and no property destroyed.

On the twenty-fifth of September, Congress entered on their journal a letter from the Legislature of Massachusetts, addressed to Congress, in which they complain of the grant of half-pay for life to the officers of the army, the commutation of the same for five years' whole pay, and also of the salaries allowed to the civil officers of government; to which a committee reported a reply in defence of those measures, which was adopted by a majority of the States.

On the same day, the treaty negotiated at Paris with Sweden, by Dr. Franklin, was ratified by Congress.

In October, the sense of Congress was taken on the State to be selected for the "residence" of that body, when a majority voted against all the thirteen States in succession.

Propositions in favor of particular States the next day were in like manner rejected.

It thus seeming impracticable to agree on any one place for the permanent residence of Congress, on the eighteenth of October, Mr. Gerry, of Massachusetts, proposed that two places should be selected, where they might meet alternately-one near the Falls of the Delaware, and the other near the Falls of the Potomac - at

1783.]

NEW YORK EVACUATED.

319

which places the right of soil, as well as jurisdiction in the United States, should be procured.

After much debate, and various amendments, this troublesome subject, addressing itself to the local interests and pride of individual States, was settled, on the twentyfirst of October, for the alternate meeting of Congress at the two places mentioned; and it was provided that, until suitable buildings were erected at those places, they should meet alternately at Trenton and Annapolis; to which latter place the President was to adjourn Congress on the twelfth of November, to meet on the twentysixth of that month.

On the thirty-first of October, an audience was given to P. J.Van Berkel, minister from the States General of the United Netherlands; and the contract made by Dr. Franklin for the loan of, six millions of livres to the United States was ratified. Mr. Van Berkel made an address of compliment and congratulation, and delivered a letter from the States General to Congress; to which Mr. Boudinot, the President, made a suitable reply.

The British prisoners surrendered with Burgoyne, as well as those who capitulated at Yorktown, having been marched to New York, they were there embarked for Europe, and the city was entirely evacuated by the British on the twenty-fifth of November, 1783.

It appeared that, since Congress was no longer pressed by the necessity of providing for the exigencies of war, the attendance of members had become so relaxed, that there was often not a quorum, and at best there were seldom more than nine States represented; so that on the most important questions, in which the concurrence of that number of States was required, there could be no decision unless the States present were unanimous. A committee appointed for the purpose made a report

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