Virginia's Private Instructions to Geo. Rogers Clark. King's Draft Anti-Slavery Resolution. Monroe's Report on New States. Confirmatory Act of Congress. The attitude of the Congress of the Confederation toward the territories COPYRIGHT, 1901, BY A. LOVELL & COMPANY. to territorial government, and to the limitations on new states, between 1778 and 1789. All the federal documents have been verified from the originals in the State Department at Washington. In Number 22 of the Leaflets have been printed the principal documents relating to the controversy between the federal government and the states for the Northwest Territory. Two documents closely related to that question are here inserted, the Virginia Instructions to George Rogers Clark, and the Virginia Statute for creating the County of Illinois: they show the expectation of Virginia as to a future government of the Northwest country. The cessions by New York and Virginia in 1781 and 1783 made it certain that there would be a broad area for which Congress must provide a government; hence various propositions for territorial government, of which three, the Ordinance of 1784, the Grayson Land Ordinance of 1785, and the Northwest Ordinance, were actually passed by Congress, and contain the germs of the later territorial and colonial system. Upon the territorial question during the Confederation there is abundant material, of which a select bibliography will be found in Channing and Hart, Guide to the Study of American History, § 150; a more detailed bibliography, in Justin Winsor, Narrative and Critical History of America, VII, 528-539. The best secondary discussions of the subject are George Bancroft, History of the Constitution, several chapters on territory; Shosuke Sato, History of the Land Question, 22-120; Theodore Roosevelt, The Winning of the West, III, chs. i-vi; John Fiske, Critical Period, ch. v; B. A. Hinsdale, The Old Northwest, chs. xiv-xvi. On the Ordinance of 1787 there is a special literature: the Cutlers' Life of Manasseh Cutler; Edward Coles, History of the Ordinance; G. T. Curtis, Constitutional History, I, chs. v, xiv; the general histories, - McMaster, Schouler, and Pitkin. The propositions which were adopted by Congress can be found in print in Bioren and Duane, Land Laws of the United States; in Thomas Donaldson, Public Domain (inaccurate transcripts); and in the Journals of Congress. The reports of committees have not before been printed in carefully verified form and in connection with each other. For historical maps, see introduction to Leaflet, No. 22. 1-1778, Jan. 2. Virginia's Private Instructions to George Rogers Clark. VIRGINIA SCT In Council, Wmsbug, Jan. 2, 1778. LIEUT. COLONEL GEORGE ROGERS CLARK: You are to proceed with all convenient Speed to raise Seven Companies of Soldiers to consist of fifty men each officered in the usual manner & armed most properly for the Enterprise, & with this Force attack the British post at Kaskasky. It is conjectured that there are many pieces of Cannon & military Stores to considerable amount at that place, the taking & preservation of which would be a valuable acquisition to the State. If you are so fortunate therefore as to succeed in your Expectation, you will take every possible Measure to secure the artillery & stores & whatever may advantage the State. For the Transportation of the Troops, provisions, &c., down the Ohio, you are to apply to the Commanding Officer at Fort Pitt for Boats, &c. during the whole Transaction you are to take especial Care to keep the true Destination of your Force secret. Its success depends upon this. Orders are therefore given to Capt" Smith to secure the two men from Kaskasky. Similar conduct will be proper in similar cases. It is earnestly desired that you show Humanity to such British Subjects and other persons as fall in your hands. If the white Inhabitants at the post & the neighbourhood will give undoubted Evidence of their attachment to this State (for it is certain they live within its Limits) by taking the Test prescribed by Law and by every other way & means in their power, Let them be treated as fellow Citizens & their persons & property duly secured. Assistance & protection against all Enemies whatever shall be afforded them, & the commonwealth of Virginia is pledged to accomplish it. But if these people will not accede to these reasonable Demands, they must feel the Miseries of War, under the direction of that Humanity that has hitherto distinguished Americans, & which it is expected you will ever consider as the Rule of your Conduct, & from which you are in no Instance to depart. The Corps you are to command are to receive the pay & allowance of Militia & to act under the Laws & Regulations of this State now in Force as Militia. The Inhabitants at this Post will be informed by you that in Case they accede to the offers of becoming Citizens of this Commonwealth a proper Garrison will be maintained among them & every Attention bestowed to render their Commerce beneficial, the fairest prospects being opened to the Dominions of both France & Spain. It is in Contemplation to establish a post near the Mouth of Ohio. Cannon will be wanted to fortify it. Part of those at Kaskasky will be easily brought thither or otherwise secured as circumstances will make necessary. You are to apply to General Hand for powder & Lead neces sary for this Expedition. If he can't supply it the person who has that which Capt Lynn brot from Orleans can. Lead was sent to Hampshire by my orders & that may be delivered you. Wishing you success, I am Sir, Your h'ble Serv., P. HENRY. George Rogers Clark, Sketch of his Campaign in the Illinois in 1778-9, pp. 95-97. 2-1778, Oct. Virginia's Act for Illinois County. WHEREAS by a successful expedition carried on by the Virginia militia, on the western side of the Ohio river, several of the British posts within the territory of this commonwealth, in the country adjacent to the river Mississippi, have been reduced, and the inhabitants have acknowledged themselves citizens thereof, and taken the oath of fidelity to the same, and the good faith and safety of the commonwealth require that the said citizens should be supported and protected by speedy and effectual reinforcements, which will be the best means of preventing the inroads and depredations of the Indians upon the inhabitants to the westward of the Allegheny mountains; and whereas, from their remote situation, it may at this time be difficult, if not impracticable, to govern them by the present laws of this commonwealth, until proper information, by intercourse with their fellow citizens, on the east side of the Ohio, shall have familiarised them to the same, and it is therefore expedient that some temporary form of government, adapted to their circumstances, should in the mean time be established: Be it enacted by the General Assembly, That all the citizens of this commonwealth who are already settled, or shall hereafter settle, on the western side of the Ohio aforesaid, shall be included in a distinct county, which shall be called Ilinois county; and that the governour of this commonwealth, with the advice of the council, may appoint a county lieutenant or commandant in chief in that county, during pleasure, who shall appoint and commission so many deputy commandants, militia officers, and commissaries, as he shall think proper in ACT FOR ILLINOIS COUNTY, 1778. 5 the different districts, during pleasure, all of whom, before, they enter into office, shall take the oath of fidelity to this commonwealth and the oath of office, according to the form of their own religion, which the inhabitants shall fully, and to all intents and purposes enjoy, together with all their civil rights and property. And all civil officers to which the said inhabitants have been accustomed, necessary for the preservation of peace and the administration of justice, shall be chosen by a majority of the citizens in their respective districts, to be convened for that purpose by the county lieutenant or commandant, or his deputy, and shall be commissioned by the said county lieutenant or commandant in chief, and be paid for their services in the same manner as such expenses have been heretofore borne, levied, and paid in that county; which said civil officers, after taking the oath as before prescribed, shall exercise their several jurisdictions, and conduct themselves agreeable to the laws which the present settlers are now accustomed to. And on any criminal prosecution, where the offender shall be adjudged guilty, it shall and may be lawful for the county lieutenant or commandant in chief to pardon his or her offence, except in cases of murder and treason; and in such cases, he may respite execution from time to time, until the sense of the governour in the first instance, and of the general assembly in the case of treason, is obtained. But where any officers, directed to be appointed by this act, are such as the inhabitants have been unused to, it shall and may be lawful for the governour, with the advice of the council, to draw a warrant or warrants on the treasury of this commonwealth for the payment of the salaries of such officers, so as the sum or sums drawn for do not exceed the sum of five hundred pounds, any thing herein to the contrary notwithstanding. And for the protection and defence of the said county and its inhabitants, Be it enacted, That it shall and may be lawful for the governour, with the advice of the council, forthwith to order, raise, and levy, either by voluntary enlistments, or detachments from the militia, five hundred men, with proper officers, to march immediately into the said county of Ilinois, to garrison such forts or stations already taken, or which it may be proper to take there or elsewhere, for protecting the said county, and for keeping up our communication with them, and also with the Spanish settlements, as he, with the advice aforesaid, shall direct. And the said governour, with the |