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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875


Item 732 of 1380
Journals of the Continental Congress --FRIDAY, MARCH 24, 1786.
Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
FRIDAY, MARCH 24, 1786.

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Congress assembled. Present, New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, and South Carolina.

Mr. William Harrison, a delegate for Maryland, attended, and took his seat.3

[Note 3: 3 See ante, January 17, 1786.]

On the report of a committee, consisting of Mr. [Charles] Pinckney, Mr. [Nathan] Dane, Mr. [James] Monroe, Mr. [William Samuel] Johnson and Mr. [Rufus] King, to whom was referred a report of the board of treasury, on revising the system adopted for the settlement of the Accounts of the five great departments:


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Resolved, That on and after the fifteenth day of April next, the Resolutions of Congress of the 27th february, 1782, so far as they relate to the appointment of five Commissioners for settling the Accounts of the five great departments, be repealed.

That the respective commissioners, as soon after the 15 day of April next as may be, deliver to the Order of the board of treasury, the books and papers of their several Offices; and that they account respectively with the comptroller of the treasury for the amount of certificate paper delivered to them.

That the settlement of the accounts of the said five departments be vested in one commissioner, to be appointed by Congress, and subject to the superintendence and controul of the board of treasury; That he exercise all such powers in the adjustment of the same, as were assigned to the said commissioners by any former resolutions of Congress, and that he be allowed fifteen hundred dollars per annum, during the time he shall be employed in the same.

That all persons employed in adjusting the said Accounts, take the Oath of Office, previous to their entering on the execution of the trust reposed in them.

Resolved, That thursday next be assigned for electing the said commissioner.

Ordered, That the board of treasury report to Congress the number of persons necessary to be employed under the commissioner aforesaid, and the salaries to be allowed to each of them, and also an estimate of the contingent expenses of the Office of the said Commissioner.1

[Note 1: 1 This motion, in the writing of James Monroe, is in the Papers of the Continental Congress No. 31, III, folio 229. It is indorsed by Roger Alden; "Motion--24th. March 1786 on the report for settling the accounts of 5 great Departs."]

The Grand Committee consisting of [Mr. Pierse Long, Mr. Nathan Dane, Mr. William Samuel Johnson, Mr. Melancton Smith, Mr. Josiah Hornblower, Mr. John Bubenheim Bayard, Mr. William Hindman,


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Mr. James Monroe and Mr. Charles Pinckney] to whom were (among other things) referred a Motion of Mr. [James] Monroe respecting the Cessions and division of Western lands and territory; report, that they have considered the said motion and examined the Acts of Congress and of the States relating to the Cessions of Western lands and Territory within the United States to forming the same into States and the future Governments thereof and find that the State of New York ceded their claims to those Western lands beyond certain limits generally, and without any condition as to the extent of the States that may be there formed; and that Congress October 10th., 1780, having (among other things) resolved that the unappropriated lands that may be ceded to the United States by any particular State, pursuant to the recommendation of Congress of Sepr. 6th., 1780, shall be formed into distinct Republican States; that each State which shall be so formed shall contain a suitable extent of Territory not less than one hundred, nor more than one hundred and fifty miles Square, or as near thereto as circumstances will admit. The States of Massachusetts and Virginia in pursuance of said Resolve, have made Cessions of their respective claims to said lands and the Territory, beyond certain limits on condition that the same be formed into States of the extent aforesaid--which Cessions have been accepted by Congress--by reason of which conditions it is become obligatory on the federal government in dividing the said lands into States, to form them of the same extent; unless those Conditions shall be altered by consent of the said States; but such a division of the western Country cannot in the opinion of the Committee, be, in any degree practicable, conformable to the Natural boundaries of it, or for the interest of the Confederacy; according to this plan some States must be so situated as to have no advantages of Navigation; some inconveniently divided by rivers, lakes and mountains, and many of them must probably contain a large proportion of barren and unimprovable lands.

It is in the Opinion of the Committee highly expedient that settlements in that Country should be formed into governments as soon as possible, and admitted into the Confederacy; that order and the true principles of government may be established among them, and they become an accession of strength to the Union. But if that Country be divided into States agreeable to the system at present adopted, the probability is that many of them will not soon, if ever, have a sufficient number of Inhabitants to form a government; the consequence of which must be, that they will continue without laws, and without


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order among them, and the Union without receiving any advantages or aid from them. The tract of Country Northwest of the River Ohio having many natural boundaries, and the barren and fertile lands intermixed in no regular form, it will be found in the division of it, indispensably necessary to pay particular attention to those Boundaries, and to the Circumstances of the Settlements, men will from natural local advantages be induced to make, and such a variety of circumstances must come into view in fixing the dimensions of States there, on a more perfect knowledge of a Country, as yet, in some degree unexplored, that it is in the opinion of the Committee, highly inexpedient, by any compact or Condition so far as to limit the United States in Congress assembled in forming States there as to preclude the consideration of the future interest of the Confederacy, the future Condition of that Country, and the circumstances of settlers in it; and though the mode of dividing the Country into States heretofore adopted may be as perfect as our knowledge of it would then suggest, yet a further investigation of the subject must fully evince, that it is in some degree defective and incapable of being carried into effect.

Therefore they submit the following Resolve.1

[Note 1: 1 This report, in the writing of Henry Remsen, Jr., is in the Papers of the Continental Congress, No. 30, folio 79. The submitted resolve is spread vertbatim on the Journal for July 7. The report was printed for consideration on March 30 and a printed copy, revised in the writing of Roger Alden, to conform with the last resolve passed in the proceedings as entered on the Journal of July 7, is in No. 30, folio 569.]

The Grand Committee to whom were referred a Motion of Mr. Monroe upon the subject of the Western Territory ceded by individual States beg leave to report, in part:

That the United States in Congress Assembled having on the 6th. day of September, 1780, Resolved, That it be recommended to the several States having claims to waste and unappropriated lands to make liberal surrenders thereof to the United States for their common benefit; and on the 10th. of October following, That the Territory thus ceded shall be formed into distinct Republican States and admitted members of the Federal Union having the same rights of Sovereignty, freedom and Independence as the other States; and that each State which shall be so formed shall contain a suitable extent of Territory not less than one hundred nor more than one hundred and fifty miles square, or as near thereto as circumstances


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will admit. And the States of Virginia and Massachusetts having made Cessions accordingly, the latter founded on and the former with an express compact, among others, as to the said Condition; and the United States fully to carry the said Condition into effect, entered into on the 23d. of April, 1784, several Resolutions respecting it. And whereas upon further consideration of the same, it hath appeared that a strict adherence to said Condition in the division of the Country as aforesaid will produce many inconveniences to settlers upon the same, and like wise to the Confederacy, to prevent which and put it in the power of the said States to enable the United States to make such division thereof as shall be expedient, it was by the resolution ofrecommended to the said States to revise their acts of Cession as aforesaid; and as the Resolutions aforesaid of the 23d. of April, 1784, might thereof restrain the United States in case the said recommendation should be complied with, from taking such measures as might be for the general interest it is hereby

Resolved, That the resolutions of the 23d. of April, 1784, in the words following Viz: "That so much of the Territory ceded or to be ceded by individual States to the United States as is already purchased or shall be purchased of the Indian Inhabitants, and offered for sale by Congress, shall be divided into distinct States in the following manner, as nearly as such Cessions will admit; that is to say, by parallels of latitude, so that each State shall comprehend from North to South two degrees of latitude beginning to count from the completion of fortyfive degrees North of the equator; and by Meridians of longitude, one of which shall pass through the lowest point of the rapids of Ohio, and the other through the western Cape of the mouth of the great Kanhaway: but the Territory eastward of this last Meridian, between the Ohio, lake Erie and Pennsylvania, shall be one State whatsoever may be its comprehension of Latitude. That which may lie beyond the Completion of the 45th degree between the said Meridians shall make part of the State adjoining it on the South; and that part of the Ohio, which is between the same Meridians coinciding nearly with the parallel of 39° shall be substituted so far in lieu of that parallel on a boundary line"; And "That the preceding articles shall be formed into a charter of Compact; shall be duly executed by the President of the United States in Congress Assembled under his hand and the seal of the United States; shall be promulgated; and shall stand as fundamental Constitutions between the thirteen original States and each of the several States


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now newly described, unalterable from and after the sale of any part of the Territory of such State, pursuant to this resolve, but by the joint consent of the United States in Congress assembled, and of the particular State within which such alteration is proposed to be made" be and they are hereby repealed.1

[Note 1: 1 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress, No. 30, folio 75. According to indorsement it was read March 24 and ordered "To be considered Thursday March 30th."
March 24: The following committee was appointed: Mr. [Rufus] King, Mr. [William Samuel] Johnson and Mr. [Arthur] St. Clair, on a letter from D. Lucket, dated May 28, 1785, "informing that an ejectment is brot. by Craig & Co. to obtain possession of fort Pitt."
Also, the following nominations were made for Commissioner to settle the accounts of the five great departments: J[onathan] Burral by Mr. [Pierse] Long; J[oseph] Pennell by Mr. [Charles] Pinckney; W[illiam] Denning by Mr. [Edward] Carrington; E[dward] Fox by Mr. [Arthur] St. Clair; [Joseph] Bendon [Bindon] by Mr. [Nathaniel] Gorham and J[ohn] Pierce by Mr. [John] Kean.
Committee Book No. 190.
Also, according to indorsement, was read the report of the committee of March 16, to whom was referred the letter of May 14, 1785, from the Board of Treasury. It is in No. 26, folio 595, and was passed March 27 where it is entered verbatim on the Journal with an exception noted under that date.]

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