The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781

XII The Completion of the Confederation

XII The Completion of the Confederation PROBABLY the first expression of the idea of creating independent states in the West was contained in Jefferson's proposed constitution for Virginia in· 1776. The idea remained alive among that group of Virginia politicians of which Jefferson eventually became the recognized leader. In November, 1778, before Maryland finally refused to ratify the Confederation, Richard Henry Lee suggested that Virginia should voluntarily limit her size, and proposed that the Ohio River be made the western boundary of the state. In support of his proposal he urged that the completion of the Confederation was necessary; that it was difficult to govern by republican laws a country so far distant ; that the creation of a buffer state against the Indians would be an economical move for Virginia; and that, lastly, it would unmask those who based their opposition to the Confederation upon the extensiveness of Virginia's claims.1 The Virginia remonstrance in the fall of 1779 made it plain that at least a majority of the Virginia Assembly was willing to make a cession of some of Virginia's claims to the West. At the same time it denounced the claims of the land company speculators from the Middle states and suggested that Congress should take the first step by approaching Virginia. While there was thus a body of sentiment in Virginia favorable to the idea of a cession, the first state to cede her Western claims to Congress was New York. During the year 1779 various New York leaders came to look with favor upon the idea of such a cession. John Jay, like Richard Henry Lee in Virginia, believed that the West was too extensive a territory to be governed adequately and looked upon it as a possible source of trouble. Robert R. Livingston, who believed that the weight of taxation would 1 To Governor Patrick Henry, November '5, in Lee, Letters, 1:452-453; Abernethy, Western Lands, 223-224' 226 The Articles of Confederation drive the other states to seize all the Western lands as a means of paying their debts, felt that it might be well for New York to cede some of her claims in order to preserve the remainder. Governor Clinton too was in favor of a cession; he agreed that the states would be likely to claim the Western lands, and even believed that the confiscated Loyalist estates might be seized as common property. Moreover, New Yorkers generally were anxious to secure the support of Congress in the bitter dispute between their state and the inhabitants of Vermont, and it was recognized that a cession of New York's claims might win for her the support of the landless states and their allies in Congress, even though it alienated Virginia and North Carolina, the chief claimant states. Thus New York leaders had come to the conclusion that a cession should be made before the landless states renewed their fight upon the landed states in the fall of 1779. Pressure from Maryland seems to have been the least of the influences acting upon the New York politicians.2 During the fall of 1779 General Philip Schuyler was sent to Congress as a delegate from New York. He soon induced Congress to take up the business of making peace with the Six Nations . On November 27 a committee reported on the terms which Congress should demand as a condition of a peace with the Indians . Among other things it was recommended that the Six Nations should make considerable offers of territory "as the most pointed marks of their contrition." The commissioners from Congress , however, should decline this offer in order to demonstrate "the superior Generosity of America, compared with their Experience of others." The submission of this report to Congress proved to be a point of departure for a new attack by the landless states. Forbes of Maryland at once proposed that Congress should accept any cession the Six Nations might make, reserving to the states their prior claims to the territory. A New York delegate countered this proposal with another to the effect that any such cession should be negotiated for the benefit of the state with such prior rights. Both these motions were set aside. Marchant of Rhode Island then proposed as one of the conditions of peace with the Six Nations 2 Thomas C. Cochran, New York in the Confederation (Philadelphia, 1932), 74-77· Completion...