treasure of all, and ought therefore to be a common estate, to be granted out on terms beneficial to the United States.

"Resolved also, That the courts of law established within this state, are competent for the purpose of determining all controversies concerning the private right of soil claimed within the same; and they now, and at all times hereafter, ought to have cognizance of all such controversies; that the indeterminate provision proposed in the ninth article of the confederation for deciding upon controversies that may arise about some of those private rights of soil, tends to take away such cognizance, and is contrary to the declaration of the rights of this state; and therefore ought to receive an alteration."

These resolutions were permitted to be filed among the papers of congress, but with an express condition," that they were not to be considered as admitting any claim thereby set up, or intended to be set up."

On the 22d of February, 1779, the articles were ratified on the part of Delaware.

The assent of Maryland, was now only wanting, to complete the union. She, however, still persisted in her refusal, without an amendment, securing the western lands, for the benefit of all the states. In December 1778, the delegates from that state received special instructions on the subject. These were drawn with much ability, and evinced a determination to withhold the assent of that state to the confederacy, without the security required; and as they contain the reasons for this determination, after the other states had acceded to this great national compact, we here insert them.

"Having conferred upon you," they say to their delegates, " a trust of the highest nature, it is evident we place great confidence in your integrity, abilities, and zeal to promote the general welfare of the United States, and the particular interest of this state, where the latter is not incompatible with the former; but to add greater weight to your proceedings in congress, and take away all suspicion that the opinions you there deliver, and the votes you give may be the mere opinions of individuals, and not result

ing from your knowledge of the sense and deliberate judgment of the state you represent, we think it our duty to instruct as followeth on the subject of the confederation, a subject in which, unfortunately, a supposed difference of interest has produced an almost equal division of sentiments among the several states composing the union. We say a supposed difference of interests; for if local attachments and prejudices, and the avarice and ambition of individuals, would give way to the dictates of a sound policy, founded on the principles of justice, (and no other policy but what is founded on those immutable principles deserves to be called sound,) we flatter ourselves, this apparent diversity of interests would soon vanish, and all the states would confederate on terms mutually advantageous to all; for they would then perceive that no other confederation than one so formed can be lasting. Although the pressure of immediate calamities, the dread of their continuance from the appearance of disunion, and some other peculiar circumstances, may have induced some states to accede to the present confederation, contrary to their own interests and judgments, it requires no great share of foresight to predict, that when those causes cease to operate, the states which have thus acceded to the confederation will consider it as no longer. binding, and will eagerly embrace the first occasion of asserting their just rights, and securing their independence. Is it possible that those states who are ambitiously grasping at territories, to which in our judgment they have not the least shadow of exclusive right, will use with greater moderation the increase of wealth and power derived from those territories, when acquired, than what they have displayed in their endeavors to acquire them? We think not. We are convinced the same spirit which hath prompted them to insist on a claim so extravagant, so repugnant to every principle of justice, so incompatible with the general welfare of all the states, will urge them on to add oppression to injustice. If they should not be incited by a superiority of wealth and strength to oppress by open force their less wealthy and less powerful neighbors; yet depopulation and consequently the impoverishment of those states will necessarily follow, which, by an

unfair construction of the confederation, may be stripped of a common interest, and the common benefits desirable from the western country. Suppose, for instance, Virginia indisputably possessed of the extensive and fertile country to which she has set up a claim, what would be the probable consequences to Maryland of such an undisturbed and undisputed possession? They cannot escape the least discerning.

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Virginia, by selling on the most moderate terms a small proportion of the lands in question, would draw into her treasury vast sums of money; and in proportion to the sums arising from such sales, would be enabled to lessen her taxes. Lands comparatively cheap, and taxes comparatively low, with the lands and taxes of an adjacent state, would quickly drain the state thus disadvantageously circumstanced of its most useful inhabitants; its wealth and its consequence in the scale of the confederated states would sink of course. A claim so injurious to more than one half, if not to the whole of the United States, ought to be supported by the clearest evidence of the right. Yet what evidences of that right have been produced? What arguments alleged in support either of the evidence or the right? None that we have heard of deserving a serious refutation.

"It has been said, that some of the delegates of a neighboring state have declared their opinion of the impracticability of governing the extensive dominion claimed by that state. Hence also the necessity was admitted of dividing its territory, and erecting a new state under the auspices and direction of the elder, from whom no doubt it would receive its form of government, to whom it would be bound by some alliance or confederacy, and by whose councils it would be influenced. Such a measure, if ever attempted, would certainly be opposed by the other states as inconsistent with the letter and spirit of the proposed confederation. Should it take place by establishing a sub-confederacy, imperium in imperio, the state possessed of this extensive dominion must then either submit to all the inconveniences of an overgrown and unwieldly government, or suffer the authority of congress to interpose at a future time, and to lop off a part of its ter

ritory to be erected into a new and free state, and admitted into a confederation on such conditions as shall be settled by nine states. If it is necessary for the happiness and tranquility of a state thus overgrown, that congress should hereafter interfere and divide its territory, why is the claim to that territory now made, and so pertinaciously insisted on? We can suggest to ourselves but two motives; either the declaration of relinquishing at some future period a proportion of the country now contended for, was made to lull suspicion asleep, and to cover the designs of a secret ambition, or, if the thought was seriously entertained, the lands are now claimed to reap an immediate profit from the sale. We are convinced, policy and justice require, that a country unsettled at the commencement of this war, claimed by the British crown; and ceded to it by the treaty of Paris, if wrested from the common enemy by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by congress into free, convenient and independent governments, in such manner and at such times as the wisdom of that assembly shall hereafter direct.

"Thus convinced, we should betray the trust reposed in us by our constituents, were we to authorize you to ratify on their behalf the confederation, unless it be farther explained. We have coolly and dispassionately considered the subject; we have weighed probable inconveniences and hardships against the sacrifice of just and essential rights; and do instruct you not to agree to the confederation, unless an article or articles be added thereto in conformity with our declaration. Should we succeed in obtaining such article or articles, then you are hereby fully empowered to accede to the confederation.

"That these our sentiments respecting our confederation may be more publicly known, and more explicitly and concisely declared, we have drawn up the annexed declaration, which we instruct you to lay before congress, to have it printed, and to deliver to each of the delegates of the other states in congress assembled, copies thereof signed by yourselves, or by such of you as may be present at the time of delivery; to the intent and purpose that

the copies aforesaid may be communicated to our brethren of the United States, and the contents of the said declaration taken into their serious and candid consideration.

"Also we desire and instruct you to move, at a proper time, that these instructions be read to congress by their secretary, and entered on the journals of congress.

"We have spoken with freedom, as become free men; and we sincerely wish that these our representations may make such an impression on that assembly as to induce them to make such addition to the articles of confederation as may bring about a permanent union."

Maryland was particularly opposed to the extensive territorial claim of Virginia; and the declarations of the former on this subject, drew from the latter, a strong remonstrance and vindication of her claim.

The legislature of Virginia, in December 1778, empowered their delegates in congress, to ratify the plan of union, with such other states, as would unite with them; and declared that the same should be binding, without the assent of Maryland and Delaware, allowing these states, however, either a given or an indefinite time, to join the confederacy. The state of Connecticut, also, in April 1779, authorized their delegates, to complete the confederacy exclusive of Maryland.

In May 1779, the delegates from Virginia, in pursuance of their instructions, presented to congress a paper signed by them, declaring they were ready "to ratify the confederation with one or more states named therein, so that the same shall be forever binding upon the state of Virginia." The other states, however, were unwilling to consent to a partial union, and some of them, though they had joined the confederacy, were still dissatisfied, on the subject of the western lands.

The states who claimed these lands, under special grants from the crown, considered their titles valid; and as between them and the crown, there could perhaps be little doubt of their validity. Yet policy, and even justice seemed to demand, that, in case these extensive tracts of wild lands, promising to be of im