USA > Ohio > Ohio in the time of the Confederation > Part 3
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But if it should happen, as it possibly may, that the war should end before the money, which the new state may produce, be expended, the remainder of the lands therein may be set apart to reimburse those whose houses have been burnt by the enemy, as this is a species of suffering which it was impossible to prevent, because houses are not moveable property ; and it ought not to be that because we cannot do everything, that we ought not to do what we can.
Having said this much on the subject, I think it necessary to remark, that the prospect of a new fund, so far from abating our endeavors in making every immediate provision for the army, ought to quicken us therein; for should the states see it ex- pedient to go upon the measure, it will be at least a year before it can be productive. I more freely mention this, because there is a dangerous species of popularity, which I fear, some men are seeking from their constituents by giving them grounds to believe, that if they are elected they will lighten the taxes; a measure which, in the present state of things, cannot
9 In illustration, note the petition of Kentuckians to be permitted to remove across the Ohio; Doc. xxxiii.
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be done without exposing the country to the ravages of the enemy by disabling the army from defending it.
Where knowledge is a duty, ignorance is a crime ; and if any man whose duty it was to know better, has encouraged such an expectation, he has either deceived himself or them; besides, no country can be defended without expense, and let any man com- pare his portion of the temporary inconveniences arising from taxation with the real distresses of the army for the want of supplies, and the difference is not only sufficient to strike him dumb, but to make him thankful that worse consequences have not fol- lowed.
In advancing this doctrine, I speak with an honest freedom to the country; for as it is their good to be defended, so is it their interest to provide that de- fence, at least till other funds can be organized.
As the laying out new states will some time or other be the business of the country, and as it is yet a new business to us, and as the influence of war has scarcely afforded leisure for reflecting on distant circumstances, I shall throw together a few hints for facilitating that measure whenever it may be proper for adopting it.
The United States now standing on the line of sovereignty, the vacant territory is their property collectively, but the persons by whom it may hereafter be peopled will also have an equal right with our- selves; and therefore, as new states shall be laid off and incorporated with the present, they will become partakers of the remaining territory with us who are already in possession. And this consideration
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ought heighten the value of lands to new emigrants ; because, in making the purchases, they not only gain an immediate property, but become initiated into the right and heirship of the states to a property in reserve, which is an additional advantage to what any purchasers under the late government of England enjoyed.
The setting off the boundary of any new state will naturally be the first step, and as it must be sup- posed not to be peopled at the time it is laid off, a constitution must be formed by the United States, as the rule of government in any new state for a cer- tain term of years (perhaps ten) or until the state becomes peopled to a certain number of inhabitants ; after which, the whole and sole right of modelling their government to rest with themselves.
A question may arise, whether a new state should immediately posses an equal right with the present ones in all cases which may come before Congress.
This, experience will best detemine; but at a first view of the matter it appears thus: That it ought to be immediately incorporated into the Union on the ground of a family right, such a state standing in the line of a younger child of the same stock; but as new emigrants will have something to learn when they first come to America, and a new state requir- ing aid rather than capable of giving it, it might be most convenient to admit its immediate representa- tion into Congress, there to sit, hear and debate on all matters, but not to vote on any till after the ex- piration of seven years.10
10 Silas Deane, we have seen, expressed the idea of a western state having at first a "voice" in the national Congress; Paine here first
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Ohio in the Time of the Confederation
I shall in this place take the opportunity of re- viewing a hint which I formerly threw out in the pamphlet "Common Sense," and which the several states will, sooner or later see the convenience if not the necessity of adopting; which is, that of electing a constitutional convention, for the purpose of form- ing a continental constitution, defining and describ- ing the powers and authority of Congress.
IV
CONTINENTAL CONGRESS ON THE CESSION OF WESTERN LANDS (1780)11
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 declaration therein referred to, the act of the legislature of New York on the same subject,12 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 conceive it unnecessary to examine into the merits or the policy of the instruc- tions or declaration of the general assembly of suggests the plan finally adopted of a "sitting" member without a vote.
11 Extract from Journals of the Continental Congress, xvii, 806-807.
12 We have elsewhere quoted Professor Treat's opinion as to the "positive" influence of New York in the cession matter (i, xvii, note) ; it is clearly brought out in the present document.
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Maryland, or of the remonstrance of the general as- sembly of Virginia, as they involve questions, a dis- cussion of which was declined on mature considera- tion, when the articles of confederation were debat- ed; nor, in the opinion of the committee, can such questions be now revived with any prospect of con- ciliation; that it appears more advisable to press upon these states which can remove the embarrass- ment respecting the Western country, a liberal sur- render of a portion of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy; to remind them how indispensibly necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confi- dence, to the suport of our army, to the vigour of our councils and success of our measures, to our tran- quillity at home, and our reputation abroad, to our present safety and our future prosperity, to our very existence as sovereign and independent people ; that they are fully persuaded the wisdom [ ]13 of the respective legislatures will lead them to a full and impartial consideration of a subject so interesting to the United States, and so necessary to the happy establishment of the federal union; that they are confirmed in their expectations by a review of the be- forementioned act of the legislature of New York, submitted to their consideration; that this act is ex-
13 Words here stricken out: "and magnanimity of the patriotic legislators of these states will on an occasion of such vast magnitude, prompt them to prefer the general security to local attachment, and the permanency of the confederacy to an unwieldy extent of their respective limits."
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pressly calculated to accelerate the federal alliance, by removing, as far as it depends on that state, the impediment arising from the Western country, and for that purpose to yield a portion of territorial claim for the general benefit; [ ]14. Whereupon,
Resolved. That copies of the several papers re- ferred to the committee be transmitted, with a copy of the report, to the legislatures of [ ]15 the sev- eral states, and that it be earnestly recommended to those states, who 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 ratification of the articles of con- federation; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe the said articles;16
V
CONTINENTAL CONGRESS ON THE FORMATION OF THE STATES IN THE WESTERN TERRITORY (1780) 17
Congress resumed the consideration of the report of the committee on the motion made by the dele- gates of Virginia; and thereupon,
14 Words here stricken out: "an example which in the opinion of your committee deserves applause, and will produce imitation."
15 Words here stricken out: "Virginia, North Carolina and Georgia."
16 Words here stricken out: "and that a copy of the aforemen- tioned remonstrance from the Assembly of Virginia and act of the legislature of New York, together with a copy of this report, be transmitted to the said legislature of Maryland."
17 Extract from Journals of the Continental Congress, xviii, 915- 916.
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Resolved, that the unappropriated lands that may be ceded or relinquished to the United States, by any particular states, pursuant to the recommendation of Congress of the 6th day of September last, shall be [ ]18 disposed of for the common benefit of [ ]19 the United States [ ]20 and be settled and formed into distinct republican states, which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other states;21 that each state which shall be so formed shall contain a suitable extent of territory, not less than one hundred nor more than one hundred and fifty miles square, or as near thereto as circum- stances will admit; [ ]22
That the necessary and reasonable expenses which any particular state shall have incurred since the commencement of the present war, in subduing any of the British posts, or in maintaining forts or gar- risons within and for the defence, or in acquiring any part of the territory that may be ceded or relinquish- ed to the United States, shall be reimbursed.
That the said lands shall be granted and settled at such times and under such regulations as shall here- after be agreed on by the United States in Congress assembled, or any nine or more of them. [ ] 23 That no purchases and deeds from any Indians
18 Omitted : "granted and."
19 Omitted: "all."
20 Omitted: "that shall be members of the federal Union."
21 The first official statement concerning the ultimate federation of western territory.
22 Omitted: "and that upon such cession being made by any State and approved and accepted by Congress, the United States shall guaranty the remaining territory of the said States respectively."
23 Omitted : "That all purchases made of the Indians of any of said lands by private persons, without the approbation of the Legis-
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or Indian nations, for lands within the Territory to be ceded or relinquished, which [ ]24 shall not been ratified by lawful authority, shall be deemed valid or ratified by Congress.
VI PELATIAH WEBSTER ON OUR WESTERN UNLOCATED LANDS (1781) 25
V. Tho' the title and right of the said six States 26 to their whole western extent should be indisputa- ble, yet the preservation and use of it are secured to them, and the whole must for ever be defended, by the arms and at the expense of the States-general. The quotas of this expense ought to be proportioned to the value and extent of the thing secured and de- fended by it; qui sentit commodum, sentire debet quoque onuss but if the quotas of the said six States should be increased in proportion to the great extent of their territory, or even the value of the same, it would bring such a very pressing weight on the pres- ent inhabitants, as might be beyond their strength or at least inconvenient to them.
For here it is to be considered, that the expense of the war is not to be estimated merely by the cash it has cost; but the devastation of the enemy, the loss lature of the State to whom the right of preemption belonged, shall not be deemed valid to make a title to such purchases."
24 Omitted: "have been made without the approbation of the legis- lature of the state within whose limits it lay for the use of any pri- vate person or persons whatsoever make a title to the purchases."
25 Extract from Webster's Political Essays (1791), 491 seq.
26 Seven states claimed western lands: Virginia, New York, Con- necticut, Massachusetts, South Carolina, North Carolina, and Georgia.
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of lives, etc. are to be brought into the account; and when the estimate comes to be made on these princi- ples, it will rise very high on such parts of the in- terest defended as could lose no lives, because it had no inhabitants; and was incapable of devasta- tion, because it had no improvements which could be destroyed.
Besides, as all the States have exerted themselves with equal ardor, danger, and effort in carrying on the war, it is but reasonable they should all share alike in the advantages resulting from it. To these might be added many more strong reasons why the said six States should cede or grant their western uncultivated lands to the States-general, to remain a common stock, till they can be disposed of for the good of the whole.
But I deem it needless to urge this matter farther, because I am informed that a general conviction of the expediency of this measure prevails thro' all the States, and that it is freely agreed on the part of the said six States, to make such a cession or grant to the States-general, as above mentioned, and that the same will soon be done.
We will suppose, then, that this is done, and the right and title of these western uncultivated lands vested in the States-general; what is to be done with them? i. e. how are they to be managed, in order to obtain the greatest national benefit possible from them ?
Some people think we ought to sell or mortgage them to foreign States, for money in our present dis- tress. But I have many reasons against this method. The first is,
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Ohio in the Time of the Confederation
That it is capable of the most demonstrative proof, that no importation of money can help us, even if it was given to us, much less if our lands are to be mortgaged for it. We are in much more danger from the plenty of money coming from all quarters in upon us, than from any scarcity of it; our salva- tion must arise from the wealth and virtue which abounds in the country, not in hunting abroad for money.
Besides, I abhor the very idea of strangers having their paw on any of our lands in any shape whatev- er; and,
Further, they would bring mighty little in this way, i. e. very little present benefit, tho' enough of future trouble; it would be like killing the goose that laid an egg every day, in order to tear out at once all that was in her belly. But every idea of this sort is painful to me; I wish not to dwell longer on it, but beg leave to propose a method which appears to me more for our advantage.
I. Let the ceded territory be divided from the un- ceded by the plainest lines, and let it be kept in its present uncultivated state, and preserved from the intrusion of any settlers whatever, by the most rigid and effectual prohibitions, till the lands adjoining are fully settled; then,
II. Survey out townships of six, eight, or ten miles square, continuous to the unsettled country, and sell the lands at vendue to the highest bidder, on the following conditions :
1. That none be sold at less than a Spanish dollar per acre.
2. That every purchaser be obliged to settle and
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improve his purchase within two or three years, or forfeit his lands; the particular regulations of which should be published at the time of sale, and be rigid- ly executed; and when the first course or tier of townships are sold, and the settlement of them secured, lay out another tier, sell them in like man- ner, and so on thro' the whole. This method will have the following advantages, viz.
1. All the lands sold will bring at least a dollar per acre; and if we admit, as above computed, those 300,000,000 acres 27 of our western territory to be- come the public property of the States-general, and allow 100,000,000 acres for lakes, ponds, beds of rivers, barrens, etc. there will remain 200,000,000 acres of good land to be sold; which, at a dollar per acre, will produce 200,000,000 hard dollars for the treasury of the United States; the annual interest of which, at 5 per cent. will be 10,000,000 dollars per annum; a sum much more than sufficient to defray the whole public expenses of the Thirteen States, in a time of peace, and, of course, a large surplus to be expended on a navy, roads, canals, and many other improvements of our country, with a sufficient sum to be laid up for a time of war.
2. This method will push our settlements out in close columns, much less assailable by the enemy, and more easily defended, than extensive, thin pop- ulations; there will be people here for defence near the frontiers; they will have the inducements of a near interest to animate them to the service; their
27 The origin of this estimate of western acreage is difficult to find. It persisted at least down to 1803, when Senator Ross of Penn- sylvania used such an estimate in his speech in Congress, February 14th. The Old Northwest contained 169,959,680 acres.
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improve his purchase within two or three years, or forfeit his lands; the particular regulations of which should be published at the time of sale, and be rigid- ly executed; and when the first course or tier of townships are sold, and the settlement of them secured, lay out another tier, sell them in like man- ner, and so on thro' the whole. This method will have the following advantages, viz.
1. All the lands sold will bring at least a dollar per acre ; and if we admit, as above computed, those 300,000,000 acres 27 of our western territory to be- come the public property of the States-general, and allow 100,000,000 acres for lakes, ponds, beds of rivers, barrens, etc. there will remain 200,000,000 acres of good land to be sold; which, at a dollar per acre, will produce 200,000,000 hard dollars for the treasury of the United States; the annual interest of which, at 5 per cent. will be 10,000,000 dollars per annum; a sum much more than sufficient to defray the whole public expenses of the Thirteen States, in a time of peace, and, of course, a large surplus to be expended on a navy, roads, canals, and many other improvements of our country, with a sufficient sum to be laid up for a time of war.
2. This method will push our settlements out in close columns, much less assailable by the enemy, and more easily defended, than extensive, thin pop- ulations; there will be people here for defence near the frontiers; they will have the inducements of a near interest to animate them to the service; their
27 The origin of this estimate of western acreage is difficult to find. It persisted at least down to 1803, when Senator Ross of Penn- sylvania used such an estimate in his speech in Congress, February 14th. The Old Northwest contained 169,959,680 acres.
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Ohio in the Time of the Confederation
course of life and acquaintance with the country will render them much more fit for the service, than people drawn from the interior parts of the country; and the necessary force may be collected and put into action much quicker, and with much less ex- pense, than if the same was drawn from distant parts.
These and many more and great advantages will naturally result from our pushing out our settle- ments in close columns, which cannot be expected or hoped for from a vastly extended frontier thinly in- habited.
Add to this, that every new beginner makes his first improvement in company of near neighbours, and at but small distance from older settlements, much more easily than he could do alone in a wilder- ness, where he could receive no helps from neigh- bours, let his necessity be ever so great.
3. This method would obviate one abuse very hurtful to new settlements, most injurious to the in- dividuals who first migrate and bear the hardships of first cultivation, and which greatly retards the population and improvement of a new country, viz. large quantities of land lying unimproved in the hands of non-residents or absentees, who neither dwell on the land, nor cause it to be cultivated at all, but their land lies in its wild state, a refuge for bears, wolves, and other beasts of prey, ready to devour the produce of the neighbouring farmers, bears no part of the burden of first cultivation, and keeps the settlers at an inconvenient distance from each other, and obstructs the growth and riches of the townships in which it lies; whilst the owner, by the rise of the land, makes a fortune out of the labor
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and toils of the neighbouring cultivators. This is a most cruel way of enriching one man by the labor of another, and so very hurtful to the cultivation of the country, that it ought to be restrained by the most decisive measures.
4. This method will give every inhabitant of the Thirteen States an equal chance of availing himself of any advantage of procuring lands for the accom- modation of himself or family; whilst, at the same time, the ceding State will reap great benefit from the produce and trade of the adjoining settlements, which will, at the same time, become a secure barrier to their frontiers, against the incursions of an enemy on that side.
5. In this method we can extend our laws, cus- toms, and civil police as fast and as far as we extend our settlements; of course, our frontier people will enjoy every benefit of civil society and regular ad- ministration of justice; which cannot take place with equal perfection in the great extent of a thin settled frontier.
6. Another thing very necessary to be observed in the whole management of this affair is, to culti- vate a good and friendly correspondence with the Indian natives, by a careful practice of justice and benevolence towards them. They are an innumer- able race of people, probably extending over a vast country to the west seas, and very great advantages may be derived from their trade, if we can gain and preserve their confidence.
Whereas nobody ever yet gained any thing by an Indian war. Their spoils are of no value; but their revenge and depredations are terrible. It is much
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Ohio in the Time of the Confederation
cheaper to purchase their lands, than to dispossess them by force; and justice in all cases is more profit- able than violence and wrong.
It may be noted here, that many inhabitants are already on the lands supposed to be ceded. What is to be done with them? I answer-if their continu- ance is matter of uneasiness to the Indians, and is likely to produce broils with them, they are by all means to be removed. For it is unreasonable that the public tranquility should be endangered for the sake of the convenience of a few people, who, with- out the least pretence of right, have fixed themselves down on lands not their own.
But notwithstanding this, if their continuance will not endanger the public security, let them keep their possessions on express condition, viz. that, when the townships in which their possessions shall be in- cluded when the future surveys shall be made, shall be sold, they shall pay as much for their lands as the other purchasers of the same township pay on an average for theirs, excluding every idea of favor, to which they may think themselves entitled for their first migration and cultivation. For I esteem all this very wrong and injurious to the public, which rather deserves punishment than reward.
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