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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --TUESDAY, JULY 15, 1788.
Congress assembled present as yesterday.
2The comee . consisting of Mr [Abraham] Clarke Mr [Nathan] Dane Mr [Hugh] Williamson Mr [Edward] Carrington and Mr [Paine] Wingate to whom was recomd their report3 on a motion4 of the delegates of Georgia and an Act5 of the legislature of that state passed feby 1 1788 for ceding a part of the territorial claims of the said State to the United States having reported
[Note 2: 2 The proceedings from this point to the end of the day were entered by John Fisher, in Western Territory, Papers of the Continental Congress, No. 176, pp. 45--51.]
[Note 3: 3 See July 14, 1788.]
[Note 4: 4 See May 29, 1788.]
[Note 5: 5 Papers of the Continental Congress, No. 76, pp. 292--295.]
"That the said state by the act aforesaid has authorised her delegates in Congress to convey to the United States the territorial claim of the said state to a certain tract of country bounded as follows, to wit, beginning at the middle of the river Catahouche or Appalachicola where it is intersected by the thirty first degree of North latitude and from thence due north one hundred and forty british statute miles; thence due west to the middle of the river Mississippi;
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thence down the said river to where it intersects the thirty first degree of North latitude and thence along the said degree to the place of beginning annexing the provisoes and conditions following to wit. First that the United States in Congress assembled shall guarantee to the citizens of the said territory a republican form of government subject only to such change as may take place in the federal constitution of the United States. Secondly That the navigation of all the waters included in the said cession shall be equally free to all the citizens of the United States, nor shall any tonage on vessels or any duties whatever be laid on any goods, wares or merchandize that may pass up or down the said waters, unless for the use and benefit of the United States; thirdly that the sum of one hundred and seventy one thousand four hundred and twenty eight dollars and 45/90 of a dollar which has been expended in quieting the minds of the Indians and resisting their hostilities shall be allowed as a charge against the United States and be admitted in payment of the specie requisitions of that states quotas that have been or may be required by the United States; fourthly that in all cases where the state may require defence the expences arising thereon shall be allowed as a charge against the United States agreeably to the articles of Confederation; and fifthly that Congress shall guarantee and secure all the remaining territorial rights of the state as pointed out and expressed by the definitive treaty of peace between the United States and Great Britain the convention1 between the said state and the state of South Carolina entered into the 28th day of April 1787 and the clause of an Act of the said state of Georgia describing the boundaries thereof passed the 17 of feby 1783.
[Note 1: 1 JournaIs, vol. XXXIII, pp. 467--474. (August 9, 1787).]
The comee . having fully considered the subject referred to them are of opinion that the cession offered by the state of
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Georgia cannot be accepted on the terms proposed 1st . because the tract of land proposed to be ceded appears to be but an inconsiderable part of the vacant and appropriate lands claimed by the state of Georgia Because it appears highly probable that on running the boundary line between that state and the adjoining state or states a claim to a large tract of country extending to the Missisippi and lying between the tract proposed to be ceded and that lately ceded by South Carolina will be retained by the said state of Georgia and therefore the land which the state now offers to cede must be too far removed from any other lands hitherto ceded to the Union to be of any immediate advantage to it. 2. because there appears to be due from the state of Georgia on specie requisitions but a small part of the sum mentioned in the third proviso or condition before recited and that it is improper in this case to allow a charge against the specie requisitions of Congress which may hereafter be made, especially as the said state stands charged to the United States for very considerable sums of money loaned, and third because the fifth proviso or condition before recited contains a special guarantee of territorial rights and such a guarantee as has not been made by Congress to any state and which considering the spirit and meaning of the confederation must be unnecessary or improper. But the committee are of the opinion that the first, second and fourth provisoes before recited and also the third with some variations may be admitted and that should the said state extend the bounds of her cession and vary the terms thereof as herein after mentioned Congress may accept the same whereupon they submit the following resolution:
1That the cession of claims to western territory offered by the State of Georgia cannot be accepted on the terms contained in her Act passed the first of February last.
[Note 1: 1 Roger Alden takes up the entry.]
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That in case the said State shall authorise her Delegates in Congress to make a cession of all her territorial claims to lands west of the fiver Appalachicola, or west of a meridian line running through or near the point where that river intersects the thirty first degree of North Latitude, and shall omit the last proviso in her said Act, and shall so far vary the proviso respecting the sum of 171,428 dollars and 45/90 of a dollar expended in quieting and resisting the Indians, as that the said State shall have credit in the specie requisitions of Congress to the amount of her specie quotas on the past requisitions, and for the residue in her account with the United States for monies loaned; Congress will accept the cession."
1Resolved That Congress agree to the said report.
[Note 1: 1 Charles Thomson entered the following sentence.]
2 On motion3 of the Delegates for Georgia.
[Note 2: 2 Roger Alden continues the entry.]
[Note 3: 3 See June 27, 1788. See also February 1, June 4 and June 20, 1788.]
Whereas it is represented to Congress by the Delegates of the State of Georgia that the principal parts of the frontiers of that State have been for several Years past invaded and kept in a state of alarm by the Creek Indians; that the fighting men of that Nation supposed to amount to not less than six thousand, have been so far instigated by refugees and fugitive traders, who had formerly escaped from these States, and taken refuge among them as to keep up constant and bloody incursions on the different parts of that frontier, and that the settlements of four of the exterior counties are almost entirely broken up.
Resolved That the Superintendant and Commissioners for the southern department be instructed if they shall find it necessary, to notify to the said Indians, that should they persist in refusing to enter into a Treaty upon reasonable terms, the Arms of the United States shall be called forth for the protection of that frontier.
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Ordered, That the Secretary at War report1 to Congress a plan for carrying into effect the purposes specified in the preceeding resolve as nearly as may be upon the principles of the resolution2 of the 21st . of July last for the protection of the frontiers of Pensylvania and Virginia.
[Note 1: 1 See July 28, 1788, for the report of the Secretary at War.]
[Note 2: 2 Journals, vol. XXXIII, p. 386.]
[Report of committee on memorial of J. Pierce3]
[Note 3: 3 Papers of the Continental Congress, No. 19, V, pp. 187--188, in the writing of Mr. Abraham Baldwin. Read July 15 and acted on July 16, 1788. See July 11, 1788.]
The Committee consisting of [Mr. Abraham Baldwin, Mr. Benjamin Huntington and Mr. Hugh Williamson] to whom was referred the memorial of John Pierce praying that he may have some pay for his services in settling the army accounts in addition to the allowance that has been made him as pay master general beg leave to report
That in March 1783 Mr Pierce was appointed commissioner for settling the army accounts without any allowance for his services in discharging the duties of that office. The business was intricate and laborious, and your Committee cannot forbear to observe that he appears to have discharged it with the utmost integrity and with the most persevering industry. In travelling through the southern states on the duties of his office, with a clerk to whom he gave extra pay, his expences must at some periods have exceeded his allowance as pay master general. That having destroyed his health in the duties of this additional office, for which he has not been paid, he is like to resign life with the painful apprehension of entailing poverty and debts on his family unless congress shall grant him relief, wherefore the Committee submit the following resolve
That the board of treasury be directed to credit John Pierce to the amount of one hundred dollars per month as commissioner of army accounts from the time he entered on the duties of that office in 1783 to the end of the year 1785.4
[Note 4: 4 July 15, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 198, the following committees were appointed:
Mr. Hugh Williamson, Mr. Samuel Allyne Otis, Mr. Abraham Baldwin, Mr. Edward Carrington and Mr. Joshua Seney on report of committee on the memorial of George Morgan (see July 1, 1788) and the memorial of B. Tardiveau (see July 8, 1788). Report rendered July 30, 1788. The former committee of July 8, 1788 on the memorial of Tardiveau was discharged. See June 25, August 12, 15 and 28, 1788.
Mr. Abraham Clark, Mr. Dyre Kearny and Mr. Paine Wingate on the memorial of John May respecting mines in the Western territory. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 36, this petition was received July 15, 1788.
Also according to indorsement and the Committee Book, pp. 198--199, the following were referred:
Motion, of July 14, 1788, of the delegates of North Carolina respecting the Mississippi. Referred to the Secretary for Foreign Affairs to report. Report rendered September 3, and acted on September 16, 1788.
Letter of Secretary at War H. Knox to President of Congress, January 25, 1788, (see February 1, 1788), respecting the ease of J. Sullivan and a report of Lieut. Armstrong on the same subject transmitted with the Secretary's letter of July 7, 1788. Referred to the Secretary for Foreign Affairs to communicate such parts thereof as he should judge proper, to the Encargado of Spain.
According to indorsement the question was taken and lost on the report of the committee on the petition of W. Gardner. See July 11 and also May 2 and 5, 1788.]
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