been referred, reported September 13, 1783, recommending the acceptance of the cession, as soon as the State should agree to repeal the seventh and eighth conditions of the cession. The remaining six conditions were approved, although the first was considered unnecessary, and an amendment was suggested to the second to more fully carry out its provisions. The seventh was considered to be really embraced in the sixth, but its repeal was urged. The real objection was to the eighth condition, which was wrong in principle, and its repeal was important. Of these two conditions whose repeal was desired, the seventh declared all purchases from the Indians void, and the eighth required the United States to guarantee to Virginia all her remaining territory.
The report of this committee was decisive, and was adopted, September 13, by the votes of all the States represented, except New Jersey and Maryland. Virginia readily accepted the amendments proposed. The condition in reference to purchases from the Indians was unnecessary, being embraced in the other conditions which had been approved. The condition requiring that the United States should guarantee all remaining territory was intended to apply to Kentucky, and to operate as a contract with the United States to protect the State against claims that might arise under the cession of New York or the revival of the plea of "common stock. " In her anxiety to put a quietus on all such claims, Virginia had gone too far, and had framed this condition at variance with her own theories. Maryland, in the instructions to her delegates to accede to the Confederation, had protested against this condition, and Maryland was right. Its acceptance would have operated as an ex parte adjudication or a prejudication of all claims against the State, and would have barred all proceedings under the ninth article of the Confederation, to which any claimant State might be entitled. There were no adverse charter
