to divide the Territory into States, each state to "comprehend from north to south two degrees of latitude, beginning to count from the completion of 45 degrees north of the equator; and by meridians of longitude, one of which shall pass through the lowest point of the Ohio, and the other through the western cape of the mouth of the great Kenhawa."
Congress having under these deeds obtained, or secured, her possession of the north-western Territory, she was not thereafter at liberty to disregard them. The exercise of sovereignty was restricted by stipulations which she was bound to comply with and enforce.
The Ordinance, containing the "Articles of compact between the original states, and the people and states in the said Territory," passed on the 13th day of July, 1787; and it may be regarded as confirmatory of the terms of the deeds of cession; for the 5th article having proposed boundaries different from those mentioned by Virginia, her assent or alteration of her act of cession, was required by Congress.
The states bordering upon the Ohio on the south and Canada on the north, are established by this article, but it contains also the following proviso: "That the boundaries of these three states shall be subject so far to be altered, that if Congress shall hereafter find it expedient, they shall have authority to form one or two states in that part of the said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan."
Congress recommended to Virginia to so modify her act of cession as to enable the United States to divide the north-western Territory into not less than three, nor more than five states "as the situation of the country and future circumstances might require."
Pursuant to this recommendation the state of Virginia, on the 30th December 1788, recognized and confirmed the fifth article above mentioned, and was thus, at the solicitation of Congress, made a party to that artile, if no other, of that instrument. It does not appear to have been competent for Congress, at any time thereafter, to vary the lines thus established, without her assent, and also the concurrence of the inhabitants of the north-western Territory.
The transfer of the country was made at the instance of the United States, for their benefit as well as that of Virginia who, by stipulations in favor of her citizens inhabiting the Territory, made them equitably and truly parties to the contract.
Ohio was the first to demand admission, and the right of a state. On her application Congress was expressly called upon to say, whether it was expedient to have more than three states north-west of the Ohio river—whether the three states bordering upon the Ohio river, should be bounded by the line running east and west through
