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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, and South Carolina, and from the State of Georgia, Mr. [William] Houstoun.
A motion having been made yesterday by Mr. [Hugh] Williamson, seconded by Mr. [John] Sitgreaves, "That no
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purchase which may have been made from the Indians at the late treaty at Fort Stanwix, of their claim to soil within the limits of any State, ought to be considered as interfering with the claim of such State to the jurisdiction or soil."1 A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [Samuel] Hardy, to commit the same. When the question was about to be put, the determination thereof was postponed by the State of Rhode Island and the question for commitment being this day put, and the yeas and nays required thereon by Mr. W[illiam] Livingston,
[Note 1: 1 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, II, folio 555.]
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So the question was lost.
A motion was then made by Mr. [David] Howell, seconded by Mr. [William] Ellery, in the words following:
Whereas thearticle of confederation provides that no state shall be deprived of territory, for the benefit of the United States, and
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the said article provides a mode of deciding upon the interfering claims of individual states, relatively to territorial or jurisdictional boundaries: And whereas the United States in Congress assembled, have accepted the Cessions of claims to Western territory, made by the States of Virginia and New York, and made purchases of the natives, of certain lands which they are about to expose to sale. And whereas the motion before Congress tends to draw out a decision from Congress, on a subject not submitted to them in the confederation, and of course would be nugatory, and might eventually prejudice the sale of the lands to be disposed of for the benefit of the federal Union. Resolved, That the motion before Congress be postponed.
A motion was made by Mr. [Rufus] King, seconded by Mr. [Melancton] Smith, to strike out all that precedes, "Resolved," from, "Whereas thearticle," &c. to "federal Union," both inclusive: And on the question, shall that part of the motion stand? the yeas and nays being required by Mr. [David] Howell,
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So it passed in the negative, and the words were struck out.
The motion as amended being, "That the motion before Congress be postponed;" A motion was then made by Mr.
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[John] Beatty, seconded by Mr. [John] Vining, to amend the motion farther by adding "until Monday next." And when the question was about to be put on the amendment, the determination thereof was postponed by the state of Rhode Island till tomorrow.
Your Committee find that the Memorialist from peculiar circumstances has not been settled with or satisfied by any particular State for the depreciation on his pay as an officer in the public service and that the paymaster Genl. is not authorised to settle with him for the same by any existing resolutions of Congress--that from this cause as well as from the nature of the Commands devolved on him and which he executed with assiduity and constancy to the close of the war, he has been exposed to incur heavy debts which he has not been in capacity to discharge.
Your Committee also find from the shewing of the Memorialist to their satisfaction that he has demands on unliquidated account against the United States to a very large amount--and that he hath attended on the paymaster General for settlement but could not at that time obtain it--and that his present necessities call loudly on the public for relief.
Whereupon they beg leave to submit to Congress the following resolutions.
Res[d., That the paymaster Genl be authorised and directed to settle with the late Major Genl Robert Howe for the depreciation of his pay on the principles of the resolution of the 7th. day of September, 1780.
Resd., That the Commissioners of the Treasury be and they are hereby authorised and directed to advance to the late Major Genl. R. Howe the sum of 7000 Dollars for which sum he is to be accountable.1
[Note 1: 1 This report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 19, III, folio 209. According to the indorsement it was read this day and Thursday next assigned for consideration. It was passed April 12.]
The report of the grand committee, on the requisition for the supplies of the present year, was taken up and on the
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question to reconsider the motion to strike out the words and figures, "Federal buildings, 30,000," resolved in the affirmative.
After debate, Ordered, That the report of the grand committee be recommitted.1
[Note 1: 1 According to Committee Book No. 190, the Grand Committee of January 17, which brought in this report, was this day renewed as Mr. [Abiel] Foster, Mr. [Rufus] King, Mr. [David] Howell, Mr. [Joseph Platt] Cook, Mr. [Melancton] Smith, Mr. [John] Beatty, Mr. [Joseph] Gardner, Mr. [John] Vining, Mr. [William] Hindman, Mr. [James] Monroe, Mr. [Hugh] Williamson, Mr. [Charles] Pinckney and Mr. [William] Houstoun and to it the report was recommitted. See ante, March 31, and post, April 14.]
On the report of a committee, consisting of Mr. [William Samuel] Johnson, Mr. [Gunning] Bedford and Mr. [David] Howell, to whom was referred a report of the Secretary of Congress, respecting a bust of General Washington, procured in pursuance of the act of the 7 August, 1783:
That it appearing to them, the Bust of General Washington is now finished and ready to be delivered, and that Mr. Wright the artist who executed the same is about to remove from the city of Philadelphia your committee are of opinion that some immediate disposition should be made of the said Bust: therefore submit the following resolve.
Resolved, That his excellency the president draw an order on the treasury of the United States, in favour of Joseph Wright, for two hundred and thirty three dollars and one third of a dollar, it being the sum charged by him, for modelling and compleating the said Bust.
That the Secretary of Congress take Order for causing the said Bust to be brought to this city, and wait the further order of Congress."2
[Note 2: 2 This report, in the writing of Gunning Bedford, is in the Papers of the Continental Congress, No. 19, VI, folio 471.
On this day, as the indorsement states, was read a letter of March 29 from Jabez Bowen, Deputy Governor of Rhode Island, concerning the uttering and passing of false final settlement notes. It is in No. 64, folio 548.
On this day, according to the indorsement, was read a petition from Captain Seth Harding, dated April 5, for relief. It was referred to Mr. [William] Ellery, Mr. [William Samuel] Johnson and Mr. [David] Howell. It is in No. 42, III, folio 475. Report was rendered April 11.]
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The Committee consisting of &c. [Mr. Rufus King, Mr. David Howell and Mr. William Ellery] to whom was referred a motion from Mr. King for the exclusion of Involuntary servitude in the States described in the Resolve of Congress of the 23d. day of April, 1784, submit the following Resolve.--
Resolved, That after the year 1800 of the christian Era there shall be neither slavery nor involuntary servitude in any of the states described in the Resolve of Congress of the 23d. day of April 1784, otherwise than in punishment of crimes whereof the party shall have been personally guilty, and that this Regulation shall be an Article of Compact, and remain a fundamental principle of the constitutions between the 13 original states, and each of the states described in the said Resolve of Congress of the 23d. day of April 1784, any implication or construction of the said Resolve to the contrary notwithstanding--Provided always, that upon the escape of any person into any of the states described in the said Resolve of Congress of the 23d. Day of Apl. 1784, from whom labor or service is lawfully claimed in any one of the 13 origl states, such fugitive may be lawfully reclaimed, and carried back to the person claiming his labor or service as aforesaid this Resolve notwithstanding.1
[Note 1: 1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 31, folio 329. The indorsement states that it was read on this day and Thursday April 14 assigned for consideration. A printed copy is on folio 331, indorsed by Thomson: "To prevent slavery in the new states. Included in substance in the Ordinance for a temporary government of western territory passed the 13 July, 1787."]
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