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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, OCTOBER 10, 1780
A letter, of 3, and one of 8, from Charles Lee, Esquire, were read:2
[Note 2: 2 The letter of October 3 is in the Papers of the Continental Congress, No. 158, folio 151; that of the 8th on folio 155.]
Ordered, That they be referred to a committee of three:
The members chosen, Mr. [John] Mathews, Mr. [William] Sharpe and Mr. [Samuel] Adams.
The committee on the memorial of H. Pendleton, Esquire, delivered in a report, which was read.
A motion was made by Mr. B[enjamin] Huntington, seconded by Mr. [Ezekiel] Cornell, for electing a major general.
That Monday next be assigned to elect a Major General in the Continental Army.3
[Note 3: 3 This motion, in the writing of Benjamin Huntington, is in the Papers of the Continental Congress, No. 36, I, folio 105.]
Ordered, That it be referred to the Board of War.
On motion of Mr. [Theodorick] Bland, one of the committee to whom was referred the report of the Board of Treasury, respecting cloathing,
Ordered, That the said committee be discharged, and that the report and papers be referred to the Committee on Ways and Means.
Congress took into consideration the report of the Board of War, respecting brevet and other officers not attached to the line of the army, and on motion,
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Ordered, That it be re-committed.
Congress resumed the consideration of the report of the committee on the motion made by the delegates of Virginia; and thereupon,
Resolved, That the unappropriated lands that may be ceded or relinquished to the United States, by any particular states, pursuant to the recommendation of Congress of the 6 day of September last, shall be granted and disposed of for the common benefit of all the United States that shall be members of the federal union, and be settled and formed into distinct republican states, which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other 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: and that upon such cession being made by any State and approved and accepted by Congress, the United States shall guaranty the remaining territory of the said States respectively.
That the necessary and reasonable expences which any particular state shall have incurred since the commencement of the present war, in subduing any of the British posts, or in maintaining forts or garrisons within and for the defence, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed;
That the said lands shall be granted and settled at such times and under such regulations as shall hereafter be agreed on by the United States in Congress assembled, or any nine or more of them.
That all purchases made of the Indians of any of said lands by private persons, without the approbation of the Legislature of the State to whom the right of preemption belonged, shall not be deemed valid to make a title to such purchases.
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That no purchases and deeds from any Indians or Indian nations, for lands within the Territory to be ceded or relinquished, which have been made without the approbation of the legislature Postponed. of the state within whose limits it lay for the use of any private person or persons whatsoever make a title to the purchasers shall not have been ratted by lawful authority, shall be deemed valid or ratified by Congress.
On this the yeas and nays being required by Mr. Fell--
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[Note 1: 1 This report is in the writing of Roger Sherman, except the last paragraph, which is in the writing of James Henry, the words "to be ceded or relinquished," "shall not," and "ratified by Congress" in the last paragraph being in the writing of Thomson. Thomson also made the entry of the motion and vote. It is in the Papers of the Continental Congress, No. 20, II, folios 245--247.]
Adjourned to 10 o'Clock to Morrow.
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