Excerpts from The Papers of Thomas Jefferson

Julian P. Boyd, ed. (Princeton, N.J., 1950)

Volume 1: 1760 to 1776

[Before 13 June 1776] First Draft of the Virginia Constitution by Jefferson, pp. 337-347.

[There was no mention in this draft of ceding to any other colonies the lands they had been granted in conflict with Virginia's grant.]

[Before 13 June 1776] Second Draft of the Virginia Constitution by Jefferson, pp. 347-355.

pp. 352-353: "The territories <describe> contained within the charters erecting the colonies of Maryland Pennsylvania, North & South Carolina are hereby <f> ceded <&> released and for ever confirmed to the people of those <pro> colonies respectively with all the rights of <jurisdiction and> property, jurisdiction <&> and government, and all other rights whatsoever <claimed . . .> which might at any time heretofore have been claimed by this colony. The Western and Northern extent of this country shall in all other respects stand as <described> fixed by the Charter of [left blank] until by act of the Legislature <any new> <a territory or> one or more territories shall be laid off westward of the Alleganey mountains for <any> <the establishment of> new <colony or> colonies, which <colony or> colonies <when established shall be free & independent of this & shall> shall be established on the same fundamental laws contained in this instrument & shall be free & independent of this colony and of all the world."

[Before 13 June 1776] Third Draft of the Virginia Constitution by Jefferson, pp. 356-365.

pp. 362-363: "The territories contained within the charters erecting the colonies of Maryland Pennsylvania, North and South Carolina, are hereby ceded, released, & for ever confirmed to the people of those colonies respectively, with all the rights of property, jurisdiction and government and all other rights whatsoever which might at any time heretofore have been claimed by this colony. the Western and Northern extent of this country shall in all other respects stand as fixed by the Charter of [left blank] until by act of the Legislature one or more territories shall be laid off Westward of the Alleghaney mountains for new colonies, which colonies shall be established on the same fundamental laws contained in this instrument, and shall be free and independent of this colony and of all the world."

[29 June 1776] The Virginia Constitution as Adopted by the Convention, pp. 377-386.

p. 383: "The territories contained within the Charters erecting the Colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and forever confirmed to the People of those Colonies respectively, with all rights of property, jurisdiction, and Government, and all other rights whatsoever which might at any time heretofore have been claimed by Virginia, except the free Navigation and use of the Rivers Potowmack and Pohomoke, with the property of the Virginia Shores or strands bordering on either of the said Rivers, and all improvements which have or shall be made thereon. The western and northern extent of Virginia shall in all other respects stand as fixed by the Charter of King James the first, in the Year one thousand six hundred and nine, and by the publick Treaty of Peace between the Courts of Great Britain and France in the year one thousand seven hundred and sixty three; Unless by act of this legislature, one or more Territories shall be laid off, and Governments established Westward of the AlleghenyMountains."

p. 385: Ed. Note: This paragraph was copied from TJ's Draft, almost literally, except for the following major differences: (1) the addition of the reservation of free navigation of the Potomac and Pohomoke; and (2) the elimination of the requirement that western territories should be established on "the same fundamental laws contained in this instrument, and . . . be free and independent of this colony and of all the world." This, stated T. P. Abernathy, who does not identify it as TJ's contribution to the Constitution, "was the first sweeping assertion by Virginia of her right to jurisdiction over all the land remaining within the boundaries fixed by the charter of 1609" (Abernathy, Western Lands, p. 148, where its effect on the strategy of the Inidiana Company and the Articles of Confederation are also indicated).

[Note that, although Jefferson originated the idea of Virginia's cession of contested territory, he probably was not the one who thought to reserve the navigation of the Potomac and Pokomoke, because he owned no western lands and did not live along the Potomac.]

[5 November 1776] Memoranda on the Va., Pa., and Md. Boundaries, pp. 594-597.

pp. 595-596: "Maryland charter dated 8 Car. 1, June 20. . . . 'passing from the aforesaid bay called Delaware bay . . . unto the true meridian of the first fountain of the river Puttowmack, and from thence tending toward the South unto the further bank of the aforesaid river and following the West and South side thereof unto a certain place called Cinquack, situate near the mouth of the said river. . . .'"

p. 596: Ed. Note: These memoranda were set down at several different times, doubtless over a period of years.