Holland, which he supposed might easily be obtained. This, I think, might be the best mode of making provision for him. If he is successful, he may soon refund; if not, we can pay the money here and save the risk of the seas. Colonel Duer will most certainly assist him in obtaining them. Mr. Flint will be able to carry with him our new federal constitution, which I think a very favorable circumstance. Is there not a tolerable prospect of his being able to negotiate in England? Our associates at New York and Mr. Jefferson will be, perhaps, the best judges. Our prospects abroad, at any rate, I think, brighten upon us.

I am, dear sir,

Most sincerely yours,

MAJOR WINTHROP SARGENT.

M. CUTLER.

CHAPTER VIII.

THE INFLUENCE EXERTED BY DR. CUTLER IN THE FORMATION OF THE ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTH-WEST OF THE RIVER OHIO, PASSED JULY 13, 1787.

The general subject of establishing a distinct government or Colony westward of the limits of any of the thirteen colonies, received the attention of the British government before the Revolutionary War.

The following reference is made to this subject in a report made to Congress on May 1, 1782. Referring to the lands then claimed by Virginia, the Committee say: "It appeared that, in the year 1763, a very large part thereof was separated and appointed for a distinct government and colony by the King of Great Britain, with the knowledge and approbation of the government of Virginia." (Journ. Cong.) The Earl of Dunsmore writes quite fully to the Earl of Hillsborough, under date of November 12, 1770, "on the scheme in agitation of establishing a colony on the Ohio." (N. Y. Col. Rec., vol. 8, p. 253.) Sir William Johnson, in a letter dated June 20, 1774, to Earl Dartmouth, says, "a considerable number of settlements were made on the Ohio as early as 1765." (Vol. 8, 460.) Dartmouth writes to Johnson, July 6, 1774, strongly condemning the scheme.

p.

It also appears that an agreement was entered into with the King and council for erecting a colony called "Vandalia," which agreement was completed all to affixing the seals and passing the usual forms of office. (Journ. Cong., May 1, 1782.) General Washington refers to this scheme in his propositions for colonizing his lands on the Ohio already given. (p. 140.) All this was before the war, and while the territory belonged to the crown. Congress took up the subject before they had acquired the territory by conquest, and followed it up until the final conclusion, July 13, 1787. The following extracts from

the journals of Congress are presented, to show that "new states," "distinct governments," were regarded as the true line of public policy in dealing with the future interests of the vast interior:

1. On the 21st of May, 1779, the delegates from the State of Maryland received instructions, that were entered upon the Journals of Congress, claiming that the unsettled country, if "wrested from the common enemy by the blood and treasure of the thirteen States, should be considered a common property, subject to be parceled out by Congress into free, convenient, and independent governments, in such manner and at such times as the wisdom of that assembly shall direct."

2. The following is the record of Congress for October 10, 1780: "Resolved, That the unappropriated lands that may be ceded or relinquished to the United States by any particular state, pursuant to the recommendations of Congress of the 6th of September last, shall be disposed of for the common benefit of the United States, 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; that each state which shall be formed shall contain a suitable extent of territory, not less than 100 or more than 150 miles square, or as near thereto as circumstances will admit; that the necessary and reasonable expenses which any particular state shall have incurred since the commencement of the present war in subduing any British Posts, or in maintaining posts or garrisons within and for the defense, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed. That the said lands shall be granted or settled at such times and under such regulations as shall hereafter be agreed upon by the United States in Congress assembled, or any nine of them." The above constitutes the entire record in the Journals of Congress for October 10, 1780. No names of attendance, votes, or Committee are given; but it is the first distinct announcement by Congress of the policy of organizing new states or distinct governments in the North-west.

3. On May 1, 1782, the following resolution is embraced in a report made by a Committee, consisting of Messrs. Boudinot,

Varnum, Jenifer, Smith, and Livermore, to whom had been referred the cessions of New York, Virginia, and Connecticut, and petitions from the Indiana, Vandalia, Illinois, and Wabash Land Companies :

Resolved, That whenever the United States in Congress assembled shall find it for the good of the Union to permit new settlements on unappropriated lands, they will erect a new state or states, to be taken into the Federal Union in such manner that no one state so erected shall exceed the quantity of 130 miles square, and that the same shall be laid out into Townships of about six miles square." The Journal does not show that this Resolution was adopted, but it indicates the prevailing views at the time.

4. On September 13, 1783, a Committee, consisting of Messrs. Rutledge, Ellsworth, Bedford, Gorham, and Madison, reported the following proposition, which was agreed to: "That the territory so ceded should be laid out and formed into states containing a suitable extent of territory, not less than 100 nor more than 150 miles square, or as near thereto as circumstances will admit; and that the states so formed should be distinct republican states, and admitted members of the Federal Union, having the same rights of sovereignty, freedom, and independence, as the other states." The deed of cession from Virginia, which was accepted by Congress on March 1, 1784, contains the above proposition.

5. On the 14th of October, 1783, a Committee, consisting of Messrs. Duane, Peters, Carroll, Hawkins, and A. Lee, presented a report upon the subject of Indian affairs and the western lands. During the discussion, Mr. Gerry offered the following proposition, which was "agreed to," although there is no entry showing that the entire report was adopted. Mr. Gerry moved to amend so that it would read as follows: "Your Committee therefore submit it for consideration, whether it will not be wise and necessary, as soon as circumstances shall permit, to erect a district of the western territory into a distinct government, as well for doing justice to the army of the United States, who are entitled to lands as a bounty, or in reward for their services, as for the accommodation of such as

may desire to become purchasers and inhabitants, and in the interim to appoint a committee to report a plan, consistent with the principles of confederation, for connecting with the Union by a temporary government the purchasers and inhabitants of the said district, until their numbers and circumstances shall entitle them to form a permanent constitution for themselves, and as citizens of a free, sovereign, and independent state, to be admitted to a representation in the Union. Provided, such Constitution shall not be incompatible with the republican principles which are the basis of the Constitution of the republican states of the Union."

6. The next expression of Congressional policy is found in the adoption of a report made by Messrs. Jefferson, Howell, and Chase, April 23, 1784. In this case the previously declared intentions of Congress in regard to new states were so far consummated as to work out the general outlines of a governmental scheme. This effort was evidently unsatisfactory, as no attempt was ever made to effect a settlement of territory under its provisions; and, subsequently, the subject was placed in the hands of another committee, consisting of Messrs. Johnson, Pinckney, Smith, Dane, and Henry. This Committee reported an ordinance on April 26, 1787, which was ordered to a third reading on May 10th, but never received final action. A Committee, consisting of Messrs. Carrington, Dane, R. H. Lee, McKean, and Smith, reported the ordinance which received the unanimous approval of all the eight states then present, on the 13th of July, 1787.

It can not be claimed that there was any concert of action actually agreed upon between Congress and the promoters of the Ohio Company in regard to founding a "new state;" still, it is evident that governmental institutions were constantly in view by the "Associates," from the first inception of their plan until its consummation. These evidences have already been presented to the reader, as they occurred in proper order, but attention may be called to them at this place in the narrative in connection with the policy of Congress.

Colonel Pickering undoubtedly expressed a prevailing sentiment at that time when he said, "But a new plan is in contemplation, no less than forming a new state westward of the