C-J 3-13-1898 GRC 1

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C-J 3-13-1898 GRC 1 - THE LOST STftTBOF GLflRK a Terrltoro WHICH Have...
THE LOST STftTBOF GLflRK a Terrltoro WHICH Have Been. MiQiit GLflRKSVILLE ITS CAPITAL Outclassed By Louisville It Never . .' Flourished. GEN. CLARK'S OLD RESIDENCE Illinois Grant Once Declared Bu the Indiana Suoreme Court To Be Independent. ft HISTORIC NARRATIVE . Written for the Courier-Journal. Courier-Journal. Courier-Journal. THE State of Clark, with Clarksville, Clarksville, opposite Louisville, the capital, was once a possibility. The name would hare sounded well la the list of Northwestern Commonwealths formed out of the territory acquired to this country through the valor of George Rogers Clark In his memorable cam paign of 1778-79. 1778-79. 1778-79. The 130,000 acres of land awarded to Clark and his soldiers, known first as Clark's grant, and afterward called the Illinois grant, was up to a compara tlvely recent period claimed to be ex empt from the Jurisdiction of Indiana. Bonn warrant for the formation of this large strip of 334 square miles, into a separate Bute was given In an opinion banded down by no less an authority than the Supreme Court of Indiana In 1823, extracts from which are glveu la this article. The territory would rot have been the smallest In the ydon, but on the contrary would have been nearly four times as large as the District of Columbia. That Clarksville, which ap peared on the maps before Louisville, did not grow to be a great city, outranking the latter, was largely due to the "pow er of the press" and the prestige of Louisville being located In an older State. Much has been written about George Thus was the capital of Clark's grant started. On December 27, 1783. Virginia passed an act authorising her delegates in Congress Congress to convey to the United' States all or her territory northwest of the river Ohio with1' the proviso or reservation mat tne laO.ooo acres of land promised to Clark and his soldiers should be al lowed and granted to them. Afterward. on the 1st day of March. 1784. Tho. Jefferson. Jefferson. Samuel Hardy. Arthur Iiee an! James Monroe, delegates to Congress rrora Virginia, conveyed the said lands to the United States In; pursuance to the authority of Virginia. The question has often been raised since as to whether the effect of the proviso or reservation did not make the inhabitants of Clark's grant Independent of the Jurisdiction of tne united States, for the language of the ac of ceeelon and of the deed do not appear sufficiently clear: yet It has been lately held by the courts that Virginia Virginia Intended to cede all her right, title and interest In Clark s grant to the United States. This was not always so. for In May. 1822. the Supreme Court of Indiana held -to -to the contrary, setting forth very clearly that Clark's or the Illinois grant was a separate Jurisdic tion. An extract from the decision fol lows: -. -. Supreme Court Decision. .' 'Trior to the year 1783 the State'of Virginia Virginia had the sovereignty of all of the territory now Included in the States of Ohio. Indiana and Illinois. By her act of eeesloa to the United States in 1783. and her deed in conformity thereto; she transferred transferred all of her territory northwest of the Ohio river, saving and excepting certain certain reserves. Among others she reserved a tract granted by her to the officers and soldiers of the Illinois regiment, containing containing 150.000 acres, now known by the name, of the Illinois Grant, with the express stipulation that th said tract should be divided among the said officers and soldiers in due proportion, according to the laws of Virginia, The power of leglalation may cease and the operation and obligations of the laws remain; such Is the case, generally generally In conquered and reded countries; such la the case In all of the new States of this Union (4 Crouch 3M. But the oompact In this caae seems to Intend something more than a stipulation for a continuance of the operation of laws already In existence. The State of Virginia and the United States were two sovereigns, treating for a session of territory. Virginia had made a grant of land to the officers and soldiers of the Illinois regiment for military service. In her act of cession she reserves this grant and stipulates for a continuance of her right of lesialatlon so far as it should be found neeeaaary to carry It Into complete effect. That this was the light in which the compact was understood by the contracting contracting partiae appears evident not only from the compact itself, but also from the SCOTT I i i i i i

Clipped from The Courier-Journal13 Mar 1898, SunPage 20

The Courier-Journal (Louisville, Kentucky)13 Mar 1898, SunPage 20
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  • C-J 3-13-1898 GRC 1

    jeanne_b – 02 Feb 2016

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