New York Cession of Western Lands, 1781


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New York: Cession of Western Land Claims

[LC: CC Papers, West. Land Cessions: DS1]

[March 1, 1781]

To all People who shall see these presents, We James Duane, William Floyd and Alexander McDougall the underwritten Delegates for the State of New York in the honorable Congress of the United States of America send Greeting.

Whereas by an Act of the Legislature of the said State of New York passed at a Session held at Albany in the Year of our Lord OneThousand seven Hundred and eighty, entitled An Act to facilitate the Completion of the Articles of Confederation and perpetual Unionamong the United States of America2 it is declared that the People of the State of New York were on all Occasions disposed to manifest their Regard for their Sister States, and their earnest desire to promote the General Interest and Security, and more especially to accelerate the federal Alliance, by removing as far as it depended upon them the Impediment to it's final Accomplishment respecting the Waste and uncultivated Lands within the Limits of Certain States: And it is therfore thereby enacted by the People of the said State of New York represented in Senate and Assembly, and by the Authority of the same, that it should and might be lawful to and for the Delegates of the said State in the honorable Congress, And they or the major part of them so assembled are thereby fully authorized and empowered for and on Behalf of that State, and by proper and authentic Acts or Instruments to limit and restrict the Boundaries of the said State in such Manner and form as they shall judge to be expedient either with respect to the Jurisdiction as well as the Right or Pre-emption of Soil;or Reserving the Jurisdiction in part or in the whole over the Lands which may be ceded, or relinquished with respect only to the Right of Pre-emption of the Soil: And by the said Act it is further enacted, that the Territory which may be ceded or relinquished by Virtue thereof either with respect to the Jurisdiction as well as the Right or pre-emption of Soil, or the Right or Pre-emption of Soil only, shall be and enure for the Use and Benefit of such of the United States as shall become Members of the federal Alliance of the said States, and for no other Use or purpose whatsoever. And by the said Act it is provided and enacted that the Trust reposed by virtue thereof shall not be executed by the Delegates of the said State unless at least three of the said Delegates shall be present in Congress. And Whereas by Letters patent under the great Seal of the said State of New York bearing date the Twenty ninth day of October last past, Reciting, that the Senate and Assembly had on the twelfth day of September then last past nominated and appointed us the said James Duane, William Floyd and Alexander McDougall, together with John Morin Scott and Ezre3 L'Hommedieu Delegates to represent the said State in the Congress of the United States of North America. Therefore in Pursuance of the said Nomination and Appointment, The People of the said State of New York did thereby commission us the said James Duane, William Floyd and Alexander McDougall and the said John Morin Scott and Ezre L'Hommedieu or any Majority who should from time to time attend the said Congress, And if only one of the said Delegates should at any time be present in the said Congress he should in such case be authorized to represent the said State in the said Congress, As by an authentic Copy of the said Act and an Exemplification of the said Commission remaining among the Archives of Congress fully appears. Now4 therefore know ye that We the said James Duane, William Floyd and Alexander M°Dougall, by Virtue of the Power and Authority, and in the Execution of the Trust reposed in us as aforesaid, have judged it expedient to limit and restrict, And we do by these Presents, for and On Behalf of the said State of New York, limit and restrict the Boundaries of the said State in the western parts thereof, with respect to the Jurisdiction as well as the Right or Pre-emption of Soil, by the Lines and in the form following,5 that is to say, A Line from the Northeast Corner of the State of Pennsylvania along the North Bounds thereof to it's North west Corner continued due West until it shall be intersected by a meridian Line to be drawn from the forty fifth Degree of North Latitude throughthe most westerly Bent or Inclination of Lake Ontario, Thence by the said meridian Line to the forty fifth Degree of North Latitude,and thence by the said forty fifth Degree of North Latitude. But if on Experiment the above described meridian Line shall not comprehend Twenty Miles due West from the most westerly Bent or Inclination of the River or Strait of Niagara, Then we do by these presents in the Name of the people and for and on Behalf of the State of New York, and by Virtue of the Authority aforesaid, limit andrestrict the Boundaries of the said State in the western parts thereof with respect to Jurisdiction as well as the Right or Pre-emption of Soil by the Lines and in the Manner following, that is to say.—A Line from the North East Corner of the State of Pennsylvania along the North Bounds thereof to it's North West Corner continued due West until it shall be intersected by a meridian Line to be drawn from the forty fith degree of North Latitude through a point twenty Miles due West from the most westerly Bent or Inclination of the River or Strait of Niagara, Thence by the said meridian Line to the forty fifth degree of North Latitude, and thence by the said forty fifth Degree of North Latitude. And we do by these presents, in the Name of the People and for and on Behalf of the State of New York and by Virtue of the Power and Trust committed to us by the said Act and Commission, cede, transfer and for ever relinquish to and for the only Use and Benefit of such of the States as are or shall become Parties to the Articles of Confederation, All the Right, Title, Interest, Jurisdiction and Claim of the said State of New York to all Lands and Territories to the Northward and Westward of the Boundaries to which the said State is in Manner aforesaid limited and restricted, And to be granted, disposed of and appropriated in such Manner only as the Congress of the said United or confederated States shall order and direct.6 In7 Testimony whereof we have hereunto subscribed our Names and affixed our Seals in Congress thefirst day of March in the Year of our Lord One Thousand seven Hundred and eighty one, And of our Independence the fifth.

Sealed and delivered in the presence of

Jas Duane [l. s.]
Wm Floyd [l. s.]
Alex: McDougall [l. s.]
Cha Thomson
Cha: Morse
Ebenezer Smith

[Endorsed] New York Cession of Western Territory Executed by the Delegates from that State March 1st 1781.8—Recorded page 1.

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1 There are certain differences between the text herewith presented, which has been taken from the original deed, and the copy in the Journals of Congress. These pertain mainly to spelling, punctuation, paragraphing, and capitalization. The most important of these are punctuation differences, some fifty in number, most of which are capable of obscuring the meaning. Cf. Journals Cont. Cong.(LC ed.), xix, 211-212.
2Feb. 19, 1780, ibid., pp. 208-209. In the Journals the title is in quotation marks.
3In the Journals the spelling is Ezra, which is correct.
4A new paragraph in the Journals.
5A draft of "Instructions," adopted by the Legislature to accompany the act, is printed in Rept. of University on Boundaries State of N. Y., I, 151-154. This report contains relevant documents concerning New York's claim to Iroquois lands in the west, ibid., pp. 65-141.
6Thus was abandoned the shadowy title held from the Six Nations of Indians;with the exception of the "Erie purchase," now a part of Pennsylvania, no part was held from royal grant. New York's claim to the hunting grounds of the Iroquois was based on various treaties;for those of 1701 and 1726, see Docs, rel. Col. Hist. State N. Y., IV, 908-910, v, 800-801. See also review of claims in report of committee of Congress, received Nov. 3,1781 (CC Papers, no. 30, fol. 1), and considered May 1, 1782 (Journals Cont. Cong., LC ed., xxiI, 228-232).
7A new paragraph in the Journals.
8The "declaration" of the delegates, which is printed in Journals Cont. Cong.

 

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