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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled present as yesterday.
[Report of committee on memorial of J. Woods3]
[Note 3: 3 Papers of the Continental Congress, No. 19, VI, p. 593, in the writing of Mr. Abraham Clark. Read and passed June 19, 1788.]
The Committee Consisting of Mr . [Abraham] Baldwin Mr . [Abraham] Clarke Mr . [Nathan] Dane Mr . [Thomas Tudor] Tucker Mr . [Jonathan] Dayton
to whom was referred the report of the board of Treasury on the Memorial of John Woods, report
That upon examining the Claims of the sd . John Woods and the amount of the Sums by him received as reported by the board of Treasury and Agreed to by Congress on the fifteenth day of May last, there appears by the enclosed a Subsequent Statement of the payments by the said board, to have been a mistake of 178 65 dollars paid less than reported, whereupon
Resolved4.....
[Note 4: 4 The report concluded with the resolve, which is given verbatim below.]
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On the report of a comee . consisting of Mr . [Abraham] Baldwin Mr [Abraham] Clarke Mr [Nathan] Dane Mr . [Thomas Tudor] Tucker and Mr . [Jonathan] Dayton to whom was referred a report1 of the board of treasy on a memorial2 of John Woods
[Note 1: 1 See June 4, 6 and 13, 1788.]
[Note 2: 2 See May 30, 1788.]
Resolved That the board of treasury take order for paying to John Woods the sum of one hundred and seventy-eight dollars and sixty ninetieths of a dollar to compleat the payment of the sum supposed to have been paid by the Act of Congress of the fifteenth day of May last.
On a report3 of the Secretary at War to whom was referred a letter4 of 9 May from his Exy governor Randolph enclosing a letter of 13 March last from col Jos. Martin
[Note 3: 3 See May 26, 1788.]
[Note 4: 4 See May 20, 1788.]
Resolved That an Agent5 be appointed for the Cherokee Nation of Indians to continue in Office six Months to commence from the time he shall take upon him the duties of his Office; the said agent to act in subordination to the superintendant of the southern department for the time being, and to govern himself in all cases by the instructions which shall be transmitted to him by Congress and that he be allowed at the rate of five hundred dollars per annum.
[Note 5: 5 For the appointment of the agent see June 20, 1788.]
Ordered That tomorrow be assigned for the election of the Agent.
Congress resumed the consideration of the Supplement to the Ordinance entitled "an Ordinance for ascertaining the mode of disposing of Lands in the western territory6 And the following clause7 being under debate
[Note 6: 6 See May 29, July 2, 7 and 9, 1788.]
[Note 7: 7 A manuscript copy of the entire paragraph of the original report of which this clause is the first part, is in Papers of the Continental Congress, No. 59, III, p. 465, in the writing of Mr. Abraham Clark. It has emendations and changes in other hands, showing modifications made during the debates of this day.]
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"And whereas the state of Virginia in their deed of cession to the United States reserved such a quantity of land on the north west side of the Ohio between the rivers Miami and Siota as would make up the deficiency of certain lands on the south east side of the Ohio, to satisfy their grants as bounties to their officers and soldiers in order therefore that justice may be done to the said troops agreeably to the stipulation mentioned in the said cession, be it further Ordained that no part of the said tract of land between the rivers little Miami and Siota shall be disposed of by the United States within the term of two years from the passing of this Ordinance in Order that sufficient time may be given to the state of Virginia or those entitled to bounties under said state to ascertain the quantity of land on the North west side of the Ohio requisite to make good the deficiency mentioned in the deed of cession, and that until the amount of the deficiency if any mentioned in the said deed of cession shall be clearly ascertained to the satisfaction of Congress, no locations whatever for that purpose or on account thereof shall be made by any of the Officers or soldiers of the Virginia troops on the North west side of the Ohio.
A motion was made by Mr [Edward] Carrington seconded by Mr [John] Brown to strike out the words "And that until the amount of the deficiency &c to "Ohio inclusive
And on the question shall those words stand the yeas and nays being required by Mr [Abraham] Clark
{table}
[Note 1: 1 Roger Alden enters the vote.]
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{table}
1So the question was lost and the words were struck out.
[Note 1: 1 Charles Thomson resumes the entry.]
Ordered that the Supplement as amended be referred to a comee . of five.2
[Note 2: 2 According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 195, the committee consisted of Mr. Nathan Dane, Mr. Abraham Clark, Mr. Abraham Baldwin, Mr. Hugh Williamson and Mr. Pierpont Edwards. It reported July 2, 1788.]
[Supplement to land ordinances as recommitted3]
[Note 3: 3 Papers of the Continental Congress, No. 59, III, pp. 463--464. This is a printed copy of the committee report of March 19, 1788, with manuscript changes made by Charles Thomson, showing amendments made during the debates. The portions underlined by the editor indicate the amendments to the original report. There is another copy of the amended form of the supplement, part manuscript, in the writing of Roger Alden, and part clippings from the printed report, in Papers of the Continental Congress, No. 56, pp. 489--493. This is a fair copy of the amended report, which bears numerous changes, possibly made by the committee during reconsideration. See February 22, May 29 and July 9, 1788.]
A Supplement to an Ordinance entitled, "An Ordinance for ascertaining the mode of Disposing of Lands in the Western Territory.
Whereas it appears inconvenient to pursue the mode prescribed in the Land Ordinance passed the twentieth day of May, in the year one thousand seven hundred and eighty-five, for disposing of the Land therein directed to be surveyed, by allotting certain proportions thereof to the several States, to be Sold by the Loan-Officers in each State. And whereas a sufficient quantity of Land hath been appropriated for the bounties to the late Continental Army, since passing the abovementioned Ordinance, as to render any further draughts for that purpose out of the Townships already surveyed unnecessary, Therefore,
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Be it ordained by the United States in Congress assembled, That so much of the said Ordinance passed the twentieth day of May, in the year one thousand seven hundred and eighty-five, as ordains certain parts of the Townships therein directed to be surveyed to be drawn for in the name of the Thirteen States respectively, according to the quotas in the last preceding requisition on all the States, in order that the same might be sold by the Loan-Officers in said States; And also, that part of the said Ordinance which directs that the Secretary at War shall take by lot, from the Townships, when surveyed, a number of Townships and fractional parts of Townships, for the use of the late Continental Army, so far as the same respects future draughts for that purpose, shall be, and the same are hereby repealed.
And be it further ordained, That the Board of Treasury proceed to the Sale of the three last ranges of Townships surveyed in the Western Territory, in the same manner, and upon the same conditions, and under the same restrictions and limitations prescribed in the Resolutions of Congress of the twenty-first of April last, (except as to the place of Sale and daily continuance thereof) including in such Sales the parts thereof, which, by the Ordinance of the twentieth of May, one thousand seven hundred and eighty-five, were directed to be drawn for the late Army. And also, that the Board of Treasury proceed to sell such parts of the first four ranges of Townships as they were directed to sell by the Resolutions of the twenty-first of April 1787, which remain unsold; That the said Board be authorised to commence the Sale of the Lands above-directed to be Sold, either at New-York or Philadelphia; and may adjourn such Sales from time to time to any part or parts of the United States which they shall judge most proper for the purpose, until the whole be Sold.
That the Secretary at War issue warrants for bounties of Land to each of the Officers and Soldiers of the late Continental Army who may be entitled to such bounties, or their respective Assigns or legal representatives, certifying therein the rank of each Officer, and the line regiment, corps company, or station in which such officer or soldier had served.
That the Geographer, by warrant under his hand and seal, appoint one Surveyor to each of the two Tracts or Districts of Land reserved and set apart for the purpose of satisfying the military bounties due to the late Army by the Act of Congress of the twenty-second of
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October last; That the persons intitled to lands by virtue of such warrants shall be at liberty to locate them on any part of the two tracts or districts of land reserved and set apart for the purpose of satisfying the military bounties due to the late army provided that each location be made either in contact with some point or part of the external boundary of the said tracts respectively or of some prior location therein, and the external lines of each survey shall run east and west North and south And shall be in squares unless restrained by the lines of former surveys. Locations to be made by causing a survey of the tracts located. That each Surveyor upon laying out any Tract, shall protract and lay the same down on a general Map to be kept and preserved, and shall number each Lot in the order they are surveyed, which shall also be in the order warrants are presented for laying out. That each Surveyor, upon the location of each warrant, shall make out and deliver to the proprietor thereof, a survey of the Land laid out, with a description of the lines and boundaries thereof, certified under his hand, first recording the same in a book to be kept for that purpose; and shall retain in his hands all warrants by him laid out and located, until he can transmit the same to the Board of Treasury, which he shall do within one year after laying out the Land, certifying thereon, under his hand, that the same is satisfied.
That the Surveyors to be appointed as herein before directed, shall be entitled to receive for the services enjoined them by this Ordinance, so much only as shall be allowed and fixed by the Governor and Judges of the Western Territory, and shall be liable to be displaced by the Geographer for neglect of duty or other misbehavior; in which case he shall supply any vacancy so happening by a new appointment.
That each Surveyor who may be appointed under this Ordinance, before he enters upon the duties of his office, shall take an oath or affirmation, that he will justly and truly execute the trust reposed in him as surveyor of a District of Land in the Western Territory, according to the best of his skill and understanding, without favor or partiality. Which oath or affirmation shall be taken before the Governor or either of the Judges of the Western Territory, or one of the Justices of the Supreme Court in either of the United States, and being duly attested, shall be transmitted to the Secretary of Congress, to be by him filed of record.
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That the Maps and Records before-mentioned, shall at all times be subject to the orders of Congress, to be removed or deposited whereever they shall direct.
That if any Officer or Soldier, or Assignee or Grantee of either, shall desire to have their bounty of Land allotted in the Townships or fractional parts thereof, lately drawn for the Army by the Secretary at War, out of the first four ranges of Townships surveyed West of the Ohio, and shall cause such his desire in writing, together with his Land warrant, to be deposited in the office of the Secretary at War, the said Secretary, whenever warrants sufficient to cover the Land so drawn shall be deposited in his office for that purpose, shall cause the said Land to be divided among such applicants by lot, according to their respective rights, for which surveys shall be made out and delivered to the several proprietors, signed by the Geographer of the United States, which surveys shall be recorded in a book by the Geographer, and lodged in the Treasury Office.
And whereas the State of Virginia in their deed of Cession to the U.S. reserved such a quantity of land on the north west side of the Ohio between the rivers Miami and Sioto as would make up the deficiency of certain lands on the South east side of the Ohio, to satisfy their grants of bounties to their Officers and soldiers, which deficiency hath not been ascertained to Congress, in order therefore that Justice may be done to the said troops agreeably to the Secretion mentioned in the said cession Be it further ordained that no part of the said tract of land between the rivers little Miami and Siota shall be disposed of by the U S within the term of two years from the passing of this Ordinance in order that sufficient time may be given to the State of Virginia or those entitled to bounties under said State to ascertain the quantity of land on the North west side of Ohio requisite to make good the deficiency mentioned in the deed of cession.1
[Note 1: 1 June 19, 1788. According to indorsement the report of the committee on the memorial of George Morgan and the inhabitants of Illinois and St. Vincents was the order of the day, but the Journal does not indicate any action. See June 12 and 20, 1788.]
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