"Western Wastelands"

(Primary Resource: Ray Allen Billington (with collaboration from James Blaine Hedges) Westward Expansion, A History of the American Frontier, Second Edition, The Macmillan Co. c 1962.)

The various colonial charters of several of the States included vague and overlapping charters that granted "unoccupied western wastelands" extending to the sea. (By the 1763 Treaty of Paris, England had subsequently severed these grants at the Mississippi River or "western waters," (1 Commager supra. pp. 117-121, documents 74-76 and C. Sellers, H. May & N.R. McMillen, supra, pp. 61, 67-69.) Five States had no western land claims: New Hampshire, Rhode Island, New Jersey, Delaware and Maryland.

States with territories could pay their war debt with revenue from the sale of western lands and discharge land bounties promised to the men who had enlisted in the war. Those without, would have to raise revenue and purchase lands through taxation, forcing a migration of their population to the landed states. As a result, the colonies whose charters did not include western lands argued that the trans-Appalachian domains were common property of all the states on the basis that they were "wrested from the common enemy by blood and treasure of the thirteen states" and, by right, should be ceded to the federal league (at 200.)

Lining up behind arguments in favor of unqualified cession of the western lands were the lobbying interests of speculators who had unlawfully purchased from Native American tribes. (Expansion into Indian territory had resulted in attacks on frontiers. Colonies, such as Virginia, had passed laws forbidding such direct purchase. The British had declared a "Proclamation Line" in 1761, and negotiated treaties in 1763 at Ft. Stanwix and 1772 at Lochaber, that established lines beyond which settlers were forbidden to go.)

The Middle States pushed to include a clause in the Articles of Confederation authorizing Congress to define state boundaries and erect new western states, but the states with western claims stood firm, insisting on a clause in Article IX of the Articles of Confederation that "no state shall be deprived of territory for the benefit of the United States."

The dispute was one of the primary factors that delayed ratification of the Articles until March 1, 1781. As a league, all member States were required to ratify the document before it could take effect.

Virginia proposed a compromise to the land debt question in December of 1779, offering "to furnish lands out of their territory on the north west side of the Ohio river, without purchase money, to the troops on continental establishment of such of the confederate states as had not unappropriated lands for that purpose..." (William Walter Hening, "The Statutes at Large: Being a Collection of All the Laws of Virginia" 1619-1792, 1809-1823, vol. 10. p.559.) However, this failed to serve the interests of speculators.

On September 6, 1780, the Continental Congress approved a resolution recommending the surrender and cession of waste lands to the confederated United States. The "Resolution of Congress on Public Lands" of 1780 established the basis for claims that would comprise the "common debt" and set forth the remedy as the cession of lands to the United States for sale to acquire revenue to discharge such debts:

On Oct. 10, 1780, Congress pledged that all land ceded by the original states to the confederation:

In 1781, New York ceded its charter rights to lands west of the Appalachian divide to the federal government without conditions.

Maryland applied to the French minister for aid in defending Chesapeake Bay against the British Navy. In return, it was suggested to Maryland that unless they ratified the Articles, it would be impossible for France to act. Maryland's legislature promptly issued such authorization to its Congressional delegates.

On January 2, 1781, the legislature Virginia resolved that they would conditionally cede to the  United States in Congress Assembled all right, title and claim to lands north-west of the Ohio river for the mutual benefit of the Confederation's member States. The conditions specified included:

Congress struck certain conditions regarding confirmation of Virginia's other claims and nullification of prior speculative purchases from the tribes.

Virginia's House of Burgesses insisted on leaving the restriction on private purchases from Indians intact. In 1781 Maryland and Pennsylvania's speculating interests worked in Congress to lobby against acceptance of Virginia's cession until the private purchases clause was eliminated. Twice, speculator dominated committees insisted the national government already owned the trans-Atlantic region, (as inherited from England or as part of the New York claim,) and could grant it without respect to Virginia's wishes. However, neither report was adopted

In October of 1783, Virginia tendered a slightly revised resolution and the Congress adopted a report agreeing to the cession as offered. On March 1, 1784, Virginia executed the deed of cession to its charter rights to certain western land claims north of the Ohio River.

In 1784, Massachusetts ceded all of its land claims west of New York, but resered a claim to a portion of the state. The New York, Virginia and Massachusetts deeds of cession to the United States (confederation) included jurisdiction, as well as all "rights of soil."

Subsequent to these cessions, Congress requested that additional State cessions be limited only to right of soil:

Connecticut ceded its western territory on September 14 1786. Because the State of Pennsylvania also claimed the area, the agreement included a cession of jurisdiction. A "right of soil" in other lands was apparently released back to Connecticut (act of 6 Cong. c. 38.)

It is significant to note that the ownership of these lands was in the Congress of the United States - in effect, a joint ownership by its several members.

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