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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 --WEDNESDAY, SEPTEMBER 6, 1780
A letter, of 12 May, from William Glascock, was read:2 Ordered, That it be referred to a committee of three:
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 73, folio 266.]
The members chosen, Mr. [Samuel] Adams, Mr. [James] Duane, and Mr. [Abraham] Clark.
A letter, of 5, from Thomas Hartley was read: Ordered, That it be referred to the Board of Treasury.
The Board of War, to whom were referred the memorials of Lieutenant Beaulieu, brought in a report; Whereupon,
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At a Board Of War. Sept. 5. 1780
Present Mr. Peters Col Grayson
The Board having considered the reference from Congress on the subject of Lieut: Beaulieu's memorials, and the said memorials--are of opinion that he is not entitled to his travelling expenses from South Carolina to Philadelphia, under any regulation of Congress, as he was not on public business. But it appears to the Board that Lieut: Beaulieu is in very distressed circumstances, and a stranger in the country, labouring under misfortunes which have befallen him in its service. He is a prisoner on parole, and cannot return to France. The Board therefore submit to Congress whether a sum of money should not be advanced to him, if the precedent would not be attended with disagreeable consequences. If Congress be of this opinion they will please to resolve;
Ordered, That the sum of five thousand dollars be paid to Lieutenant Beaulieu, to reimburse his expences while under the cure of the wounds he received in the service of these states, and to defray the charges of travelling from South Carolina to Philadelphia, to which place he was under the necessity of coming for assistance which he could not obtain elsewhere.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 543.]
The Board of War, to whom was referred the memorial of Colonel Durkee, report as their opinion, "That as Colonel Durkee holds a commission of colonel in the service of the United States, and is intitled to all the emoluments thereof, it is not necessary or practicable to make any farther provision for him at this time, though the Board are satisfied he is a meritorious officer: That with respect to his application to be allowed a clerk, the Board are of opinion that it is inexpedient to comply therewith."2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 547.]
A motion was made by Mr. [Ezekiel] Cornell, seconded by Mr. [John] Fell, for discontinuing the post at Carlisle.
Ordered, That it be referred to the Board of War.
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Congress took into consideration the report of the committee to whom were referred the instructions of the general assembly of Maryland to their delegates in Congress, respecting the articles of confederation, and the declaration therein referred to, the act of the legislature of New York on the same subject, and the remonstrance of the general assembly of Virginia; which report was agreed to, and is in the words following:
"That having duly considered the several matters to them submitted, they conceive it unnecessary to examine into the merits or the policy of the instructions or declaration of the general assembly of Maryland, or of the remonstrance of the general assembly of Virginia, as they involve questions, a discussion of which was declined on mature consideration, when the articles of confederation were debated; nor, in the opinion of the committee, can such questions be now revived with any prospect of conciliation; that it appears more advisable to press upon those states which can remove the embarrassment respecting the western country, a liberal surrender of a portion of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy; to remind them how indispensibly necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confidence, to the support of our army, to the vigour of our councils and success of our measures, to our tranquillity at home, and our reputation abroad, to our present safety and our future prosperity, to our very existence as a free, sovereign and independent people; that they are fully persuaded the wisdom and magnanimity of the patriotic legislators of these states will on an occasion of such vast magnitude, prompt them to prefer the general security to local attachment, and the permanency of the confederacy to an unwieldly
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exten of their respective limits, of the respective legislatures will lead them to a full and impartial consideration of a subject so interesting to the United States, and so necessary to the happy establishment of the federal union; that they are confirmed in these expectations by a review of the beforementioned act of the legislature of New York, submitted to their consideration; that this act is expressly calculated to accelerate the federal alliance, by removing, as far as it depends on that State, the impediment arising from the western country, and for that purpose to yield up a portion of territorial claim for the general benefit; an example which in the opinion of your committee deserves applause, and will produce imitation," Whereupon,
Resolved, That copies of the several papers referred to the committee be transmitted, with a copy of the report, to the legislatures of Virginia, North Carolina and Georgia the several states, and that it be earnestly recommended to those states, who have claims to the western country, to pass such laws, and give their delegates in Congress such powers as may effectually remove the only obstacle to a final ratification of the articles of confederation; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe the said articles; and that a copy of the aforementioned remonstrance from the assembly of Virginia and act of the legislature of New York, together with a copy of this report, be transmitted to the said legislature of Maryland.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 20, II, folio 225. A draft, in the writing of James Duane, is filed with it. It was also entered in No. 9 (History of the Confederation), folio 161.]
A report from the Board of War was read; Whereupon,
Resolved, That the resignation of Captain Alexander Lawson Smith, of the regiment formerly Rawlins, be accepted.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 537.]
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A motion was made by Mr. [Joseph] Jones, seconded by Mr. [James] Madison, respecting the lands that may be ceded in pursuance of the foregoing report and resolve.
That in case the recommendation of Congress to the States of Virginia, North Carolina and Georgia to cede to the United States a portion of their unappropriated Western Territory shall be complied with in such manner as to be approved of by Congress, the Territory so ceded shall be laid out in separate and distinct States at such time and in such manner as Congress shall hereafter direct, so as that no state be less than one hundred or more than one hundred and fifty miles square or as near thereto as circumstances will admit, and that upon such cession being approved of and accepted by Congress the United States will guaranty the remaining Territory to the said States respectively.
That such of the said States as have been at expence in subduing any of the British Posts within the Territory proposed to be ceded and in maintaining Garrisons and supporting civil government therein since the reduction of such Posts shall be reimbursed by the Continent the amount of such expence.
That all the Lands to be ceded to the United States and not appropriated or disposed of in bounties to the American Army, shall be considered as a common fund for the use and benefit of such of the United States as have become or shall become members of the confederation according to their usual proportions or quotas of general charge and expenditure, and shall be applied and disposed of for that purpose and no other whatsoever, and therefore all purchases and deeds from any Indian or Indians, or any Indian Nation or Nations for any Lands within any part of such ceded Territory, which have been or shah be made for the use of any private person or persons whatsoever, shall be deemed and taken as absolutely void.1
[Note 1: 1 This motion, in the writing of Joseph Jones, is in the Papers of the Continental Congress, No. 36, I, folio 97.
The following motion, undated, is in No. 36, IV, folio 21:
"That the first resolve in the report under consideration be postponed, till Congress shall have determined on the following motion, That previous to any That previous to any determination in Congress relative to the cessions of the Western lands the name of each member present be called over by the Secretary, that on such call each member do declare upon his honor whether he is or is not personally interested, directly or indirectly, in the claims of any company or companies which have petitioned against the territorial fights, of any one of the States by whom such cessions have been made, and that such declaration be entered on the Journals."
A note is added: "Yeas and nays required by Col. [Theodorick] Bland."]
Adjourned to 10 o'Clock to Morrow.
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