Page:Confederate Military History - 1899 - Volume 1.djvu/134

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102
CONFEDERATE MILITARY HISTORY.


settled or unsettled, covered by their several charters, was, therefore, untenable, and was never sanctioned or seriously contemplated by the United States.

On the contrary, the recognition of the jurisdiction of the several States over all land, settled or unsettled, within their respective charter limits, some of which has never been ceded to, and none of which has ever been claimed by, the United States; the repeated invitations to the States to make cessions of their western lands; the care with which the terms of each cession were scrutinized; the scrupulous observance of the stipulations of these cessions, especially in the cases of Georgia and Connecticut, and of the request to Virginia to amend the terms of its cession so as to permit the Northwest Territory to be organized into more than three States; the incorporation into the articles of confederation of the provision by which the United States can take cognizance of the boundaries or jurisdiction of States only as "the last resort on appeal, when the case shall be brought before Congress by "the legislative or executive authority or lawful agent" of one of the States "in controversy"; the adoption of the guarding clause, "No State shall be deprived of territory for the benefit of the United States"; the language of the ordinances of 1784 and 1787; subsequent decisions of the Supreme Court of the United States on collateral questions growing out of the cession; all abundantly show that the United States has uniformly respected the charter titles of the States to their western territory.

The events connected with the origin of this dispute have been given in some detail, for the reason that, although essential to a just estimate of the acts and motives of the leading parties to the controversy, they have not been adequately set forth by previous writers. The events which follow have been discussed by many historians, who agree on the main facts but differ in their opinions and reflections.