Chapter V

1783-1787.

THE PUBLIC LANDS.--GOVERNMENT OF THE NORTHWESTERN
TERRITORY.--THREATENED LOSS OF THE WESTERN SETTLEMENTS.

Relations of Congress to the Public Lands 291

Efforts to procure Cessions from the States 292

Cession by New York 293

Disposal of the Territories 293

Power of Congress to acquire and hold Lands 293

Its Constitutional Authority to deal with acquired Territory 294

Cession of Northwestern Territory by Virginia 295

States to be formed from this Territory 296

Congress pass a Resolve for the Regulation of ceded Territory 296

Principles on which the Government of New States should be
established 297

Provision for admitting New States into the Union 298

Compact between the Old and New States 299

The Public Lands the true Resources for the Payment of the
Public Debt 299

Slavery to be excluded from the New States 299

Cession by Massachusetts and Connecticut of a Portion of their
Territorial Claims 299, 300

Modification by Virginia of her Act of Cession 300

Cession of Lands by South Carolina 301

No other Lands ceded to the United States before 1787 301

Ordinance for the Government of the Northwestern Territory
enacted 302

Its Provisions concerning Property 302

Civil Government of the Territory 303

Laws to be adopted 303

Appointment of Civil Officers 304

Counties and Townships to be formed 304

Representation in the Legislature provided for 304

Articles of Compact between the Original States and the
People and States in the Territory 305, 306

Wisdom of this Scheme of Government 306, 307

Political Difficulties in the Management of this Territory 308

Threatened Loss of the Western Settlements 309, 310

Washington's Plan of uniting the Eastern and Western States 310

He considers the Opening of the Mississippi not important 311

The Southern Boundary of the United States, by the Treaty of
Peace 312

Secret Article in that Treaty 312

Spain refuses to concede the Navigation of the Mississippi 313

Arrival of Guardoqui as Minister from Spain 313

The United States insist on the Right to navigate the
Mississippi 314

The Right refused, but a Commercial Treaty tendered 314

Importance of this Treaty 314

The States divided with Regard to the Mississippi 314, 315

Mr. Jay proposes a Middle Course 315

Treaty to be limited to Twenty-five Years 316

Use of the River to be suspended for the same Period 316

Change in Mr. Jay's Instructions 317

Seizure of American Property at Natchez 318

Inhabitants of the Western Settlements alarmed 318

Richness of their Territory 319

Their Complaints of Congress 320

Their Resolves 321

Retaliatory Seizure of Spanish Property 322

The Executive of Virginia disavows the Act 322

Guardoqui adheres to his Position 323

Committees of Correspondence formed in the West 323

The Inhabitants of Kentucky in Motion 323

Remonstrances of Virginia on the Subject of shutting up the
Mississippi 323

Their Delegates intercede with the Spanish Minister 324

Their Efforts ineffectual 324

The Vote of Seven States attacked in Congress 325

Unconstitutionality of that Vote 325, 326

It is not rescinded 326

Critical Position of the Country 326

The Subject of the Mississippi postponed to await the Action
of the Federal Convention 326, 327