least no conflicts of title between the States. But north of the Ohio, there were many conflicting claims. Virginia claimed all the Northwest, under her old charter (§ 32), and she had done much to give real life to this weak title by taking steps toward actual possession in Dunmore's War and in Clark's conquest of Illinois, and, from 1779 to 1784, by governing the district from Vincennes to Kaskaskia as the County of Illinois. New York also claimed all the Northwest, but by the slightest of all titles. The middle third of the Northwest was claimed also by both Massachusetts and Connecticut on the basis of their ancient charters.

309. While opposing these "large State" claims, Maryland invented a new and glorious colonial policy for America, and, standing alone through a stubborn four-year struggle, she forced the Union to adopt it. As early as November, 1776, a Maryland Convention set forth this resolution:

"That the back lands, claimed by the British crown, if secured by the blood and treasure of all, ought, in reason, justice, and policy, to be considered a common stock, to be parcelled out by Congress into free, convenient, and independent Governments, as the wisdom of that body shall hereafter direct."

A year later, since Congress had failed to adopt this policy, Maryland made it a condition without which she would not ratify the Articles of Confederation. By February, 1779, every other State had ratified. Further delay was in many ways perilous to the new Union; and other States charged Maryland bitterly with lack of patriotism. Virginia, in particular, insinuated repeatedly that the western lands were only an "ostensible cause" for her delay. With clear-eyed purpose, however, the little State held out, throwing the blame for delay where it belonged, on Virginia and the other States claiming the West.

310. Public opinion gradually shifted to the support of the view so gallantly championed by Maryland; and October 10, 1780, the Continental Congress formally pledged the Union to the

1 The Iroquois, who had no ownership, had ceded it to England, in the person of the Commander of the English forces in America - who happened also to be just then governor of New York.

2 By the terms of the Articles, that constitution could not become binding until ratified by each one of the thirteen States.

$ 311]

A NATIONAL DOMAIN

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new policy. A Congressional resolution solemnly urged the States to cede the western lands to the central government, to be disposed of "for the common good of the United States." The resolution guaranteed also that all lands so ceded would be "formed into separate republican States, which shall become members of the federal union and have the same rights of freedom, sovereignty, and independence as the other States."

This completed the American plan of colonization. Previously, the world had known only two plans: Greek and Phoenician colonies became free by separating at once from the mother cities; the seventeenth and eighteenth century colonies of European countries had remained united to the mother countries, but in a condition of humiliating dependence. For the United States Maryland had devised a new plan combining permanent union with freedom. This great political invention was peculiarly adapted to a federal union, such as America was then forming.

311. New York had already promised to give up her western claims, and now Connecticut promised to do likewise. In January, 1781, Virginia's promise followed, for the lands north of the Ohio. The formal deeds of cession were delayed by long negotiations over precise terms, but the general result was now certain. Maryland had won. Accordingly (March 1, 1781), she ratified the Articles. That constitution at last went into operation, and the new confederacy possessed a "national domain."

Kentucky remained part of Virginia until admitted into the Union as a State in 1792; and Virginia did not actually cede the Northwest until 1784, retaining then the "Military Reserve," a triangular tract of several million acres just north of the Ohio (marked B on the map opposite), wherewith to pay her soldiers. Connecticut completed her cession in 1785, and Massachusetts made hers in 1786. Connecticut retained 3,250,000 acres south of Lake Erie, as a basis for a public school fund. This district was soon settled largely by New Englanders, and was long known as "The Western Reserve"; but in 1800, when Connecticut had sold her property in the lands, she granted jurisdiction over the settlers to the United States. North Carolina ceded Tennessee in 1790, and South Carolina had given up her little tract three years earlier; but Georgia clung to her claims until 1802.

II. ORGANIZATION BY THE NATION

312. It was now up to Congress to make good its promise in the resolution of October, 1780 (§ 310). Accordingly, when Thomas Jefferson, as a Virginia delegate in Congress, presented to that body Virginia's final cession, he also proposed a plan of government for all territory "ceded or to be ceded." This plan was soon enacted into law and is commonly known as the Ordinance of 1784.

Jefferson supposed that the States would complete their cessions promptly. Accordingly, the Ordinance of 1784 cut up all the western territory into proposed States. The old States were to be bounded on the west by the meridian passing through the mouth of the Kanawha. West of that line there were to be two tiers of new States (map opposite). Each State was to be two degrees in width from north to south; and the meridian passing through the Falls of the Ohio was to divide the eastern from the western tier. To ten of the proposed States the plan gave peculiar names, Michigania, Metropotamia, Polypotamia, Assenisipia, and so on.

As in all our later organization of Territories, certain provisions were to be made a matter of compact between each new State and the United States. Thus, the State was forever to remain part of the United States, and to preserve a republican form of government; it was to take over its share of the public debt, and not to tax United States lands within its borders, nor to tax non-residents more heavily than its own citizens. A remarkable attempt was made also to exclude slavery from all the Western territory after the year 1800: this provision, however, received the votes of only six States, and so failed of adoption.1

313. In 1787, the Ordinance of 1784 was replaced by the great Northwest Ordinance. During the three years which had passed

1 Virginia (in spite of Jefferson) and South Carolina voted No; North Carolina was "divided' and so not counted; New Jersey, Delaware, and Georgia were absent. Jefferson stated later that, but for the sickness of a delegate from New Jersey, that State would have been present and in the affirmative; so that the proposition "failed for want of one vote."