the boundaries should be established in accordance with her charters to the several States, and in the case of the northwestern boundary, yielded her claims under the ‘Quebec Act’ to the principle of uti possidetis, which Virginia so happily supplied by the success of her expedition under George Rogers Clarke. The boundaries were established to extend to the Great Lakes, the Mississippi river and the Florida line, embracing all the western territory within the charter claims of Georgia, the Carolinas, Virginia, Connecticut and Massachusetts, the claim of Virginia alone extending to Lake Superior.
Let us now review the controversy which a few of the States without color of title and the land companies so long waged in Congress against the charter claimants, especially against Virginia, and let us begin at the beginning. This controversy started in 1776 between Maryland and Virginia, and grew out of the proceedings connected with the instructions to the Virginia delegates to move in Congress for independence, confederation and foreign alliances. Virginia was the leader in these three propositions. Maryland instructed her delegates to oppose them all.
The conventions of the two States were in session at the same time. Let us examine their proceedings to arrive at the origin of the controversy.
The Virginia convention met at Williamsburg, May 6, 1776. Some of her leaders were absent. Washington was in command of the army. Jefferson, Richard Henry Lee and George Wythe were in Congress. Yet many of her ablest men were present, some of whom were already famous, and others were to gain fame in this assembly. Patrick Henry was there in the plenitude of his powers, the ruling spirit of the convention. Edmund Pendleton. presided over the deliberations. Thomas Nelson was the mover of its most important resolutions. George Mason was the author of its ‘Declaration of Rights.’ Other delegates, scarcely less illustrious, were among its members. Two young men, James Madison and Edmund Randolph, here began their careers.2
May 15th the following resolutions were adopted:
Resolved, unanimously, That the delegates appointed to represent this colony in General Congress, be instructed to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance to, or dependence upon, the crown or parliament of Great Britain, and that they give the assent of this colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances, and a confederation of the colonies, at such time, and in the manner, as to them shall seem best; Provided, that the power of forming government for, and the regulations of the internal concerns of each colony, be left to the respective colonial legislatures.
Resolved, unanimously, That a committee be appointed to prepare a Declaration of Rights, and such a plan of government as will be most likely to maintain peace and order in this colony, and secure substantial and equal liberty to the people. (Life of Patrick Henry, by W. W. Henry, Vol. I, Ch. 16; American Archives, Fourth Series, Vol. 6, p. 1524.)
These resolutions, prefaced by a strong preamble, were offered by Thomas Nelson, and were seconded by Patrick Henry in words of burning eloquence. Copies were sent to the several colonial legislatures and were presented to Congress May 27th.
In obedience to these instructions, Richard Henry Lee, on behalf of the Virginia delegates, offered the following resolutions in Congress June 7, 1776:
That these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British crown, and all political connection between them and the state of Great Britain is, and ought to be, totally dissolved.
That it is expedient forthwith to take the most effectual measures for forming foreign alliances.
That a plan of confederation be prepared and transmitted to the respective colonies for their consideration.
Thus was outlined the policy of Virginia. By the adoption of the motion of her delegates, July 2, 1776, it became the policy of the United States. (Am. Arch., Fourth Series, Vol. 6, p. 1699.)
Let us now examine the policy of Maryland. Her state convention met May 15, 1776, the day on which the convention of Virginia adopted the instructions in favor of independence. May 21, 1776, the Maryland convention gave to its delegates the following instructions:
‘Resolved, unanimously, That, as this convention is firmly persuaded that a reunion with Great Britain on constitutional principles would most effectually secure the rights and liberties, and increase the strength and promote the happiness of the whole empire, objects which this province has ever had in view, the said deputies are bound and directed to govern themselves by the instructions given to them by this convention in its session in December last, in the same manner as if said instructions were particularly repeated.’ (Am. Arch., Fourth Series, p. 463.)
The previous instructions to her deputies in Congress, adopted January 12, 1776, and referred to above, contained strong expressions of attachment to Great Britain and the ardent desire for reconciliation. They comment on ‘the mildness and equity of the English Constitution, under which we have grown up to, and enjoyed a state of felicity not exceeded among any people we know of, until the grounds of the present controversy were laid by the ministry and parliament of Great Britain.’
After these preliminary expressions, the legislature proceeds to give explicit instructions on three points: independence, foreign alliance and national union. These instructions are so interesting that they are quoted below, as follows:
‘As upon the attainment of these great objects, we shall think it our greatest happiness to be thus firmly united to Great Britain, we think proper to instruct you that, should any proposition be happily made by the crown or parliament that may lead to, or lay a rational and probable ground for reconciliation, you use your utmost endeavors to cultivate and improve it into a happy settlement and lasting amity; taking care to secure the colonies against the exercise of the right assumed by parliament to tax them, and to alter and change the charters, constitution and internal policy without their consent—powers incompatible with the essential securities of the colonists.’ (American Archives, Fourth Series, p. 463.)
‘We further instruct you, that you do not, without the previous knowledge and approbation of the convention of this province, assent to any proposition to declare these colonies independent of the crown of Great Britain, nor to any proposition for making or entering into alliance with any foreign power, nor to any union or confederation of these colonies which may necessarily lead to a separation from the mother country, unless in your judgment, or in the judgment of any four of you, or a majority of the whole of you, if all shall be then attending in Congress, it shall be thought absolutely necessary for the preservation of the liberties of the United Colonies; and should a majority of the colonies in Congress, against such your judgment, resolve to declare these colonies independent of the crown of Great Britain, or to make or to enter into alliance with any foreign crown, or into any union or confederation of these colonies, which may necessarily lead to a separation from the mother country, we instruct you immediately to call the convention of this province, and repair thereto with such proposition and resolve, and lay the same before the said convention for their consideration; and this convention will not hold this province bound by such majority in Congress, until the representative body of the province in convention assent thereto.’
The resolutions of the Virginia delegates, embracing the three propositions of independence, foreign alliances and confederation, were debated June 8, 1776. A report of these debates is given by Mr. Jefferson in the Madison papers, Vol. I, p. 9, et seq.
Messrs. Wilson, Robert R Livingston, E. Rutledge, Dickenson and others, although personally favorable to the measures proposed, argued for delay. The middle colonies, they argued, ‘were not yet ripe for bidding adieu to Great Britain, but they were fast ripening;’ ‘some of them had expressly forbidden their delegates to consent to such a declaration;’ ‘that if such a declaration should now be agreed to, these delegates must retire, and possibly their colonies might secede from the Union.’
The other side was argued by J. Adams, Lee, Wythe and others, who urged prompt action, and argued: ‘There are only two colonies, Maryland and Pennsylvania, whose delegates are absolutely tied up, and that these had by their instructions, only