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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, MAY 1, 1782
Mr. William Few, a delegate for the State of Georgia, attended, and produced credentials under the great seal of the State, by which it appears that the Hon. Edward Telfair, Noble Wimberly Jones, and William Few, are appointed delegates in the Congress of the United States of America, to continue in office until the first Tuesday in January, one thousand seven hundred and eighty-three.
State of GeorgiaThe people of the said state by the Grace of God free and Independent
To all to Whome these presents shall come Greeting
Jno. Martin [With the Great Seal appendant] Whereas our General Assembly, did at their last held, at Augusta in the said state, nomi-Seal appendant]nate & appoint the Honorable Edward Telfair, Noble Wimberly Jones, & William Few esquires Delegates to represent the same, in the General Congress of the United States of America, to continue in office untill the first Tuesday in January, one thousand seven hundred & eighty three
Now therefore Know ye, That in pursuance of such nomination and appointment We do by these presents Commissionate the said Edward
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Telfair, Noble Wimberly Jones, & William Few esquires Delegates, to represent this our state, in the said General Assembly of the United States of America in Congress Assembled, and do hereby authorize them, and each of them to hold & exercise, all the powers and authorities to the office or place of Delegates belonging, by Virtue of the Constitution of this state, and the nomination & appointment aforesaid. To have, and to hold, the said office or place of Delegate unto the said Edward Telfair, Noble Wimberly Jones & William Few esquires, for during and untill the first tuesday in January as aforesaid, In Testimony whereof I have hereunto set my hand, and caused the great seal of the said State to be affixed, this tenth day of February one thousand seven hundred & eighty two, and in the sixth year of the Independence of the United States of America.
By His Honors Command
Abraham Jones Secretary.1
[Note 1: 1 The original is in the Papers of the Continental Congress, Georgia, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
On the report of a committee, consisting of Mr. [James] Madison, Mr. [John Morin] Scott and Mr. [Arthur] Middleton, to whom was referred a communication of the Secretary for Foreign Affairs,
The Secretary for Foreign Affairs having laid before Congress the following minutes of a communication made to him the 28th of April, by the minister of France, from letters of the Count de Vergennes, dated 24th December and 22d January last, viz.
"After expressing his satisfaction in the success of our arms in Virginia, he laments the weakness of our army, and the incapacity in which it leaves us of pursuing so important a blow, before England can recover it. He says, though the plan of the ensuing campaign is not yet determined on, he has reason to believe that means will be used to aid us in the exertions we shall make to expel the enemy from this continent; and he wishes that this consideration, and the obstinate adherence of the British to their plan of subduing this country, evidenced by their answer to the mediators,
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may rouse the United States to an early and animated exertion. He observes, that the British are much embarrassed with respect to the measures they ought to pursue; that they still continue to represent us as a weak and divided people, in the hope that this may have some effect upon the powers of Europe, more particularly upon the mediators. He is of opinion that England will endeavour to make proposals to the several states seperately; and though he does not apprehend that they will succeed in their attempt to detach them from the alliance, yet he presumes, while the issue is unknown, that they will avail themselves of it to induce a belief that they have a considerable interest in this country, and that the people at large wish to be connected with them. He hopes the wisdom of Congress will devise some means to frustrate this design. He expresses in strong terms the resolution of His Majesty to adhere to the principles of the alliance, and to form no treaty of peace which does not secure to the United States the object of it."
And this communication having been referred to a committee, and the committee reported thereon, it was
The Committee to whom were referred the communication &c. laid before Congress by the Secty. of Foreign Affairs submit the following Resolutions:
Resolved, That the Secretary for Foreign Affairs be and he is hereby directed to make a confidential communication to the several states of the intelligence received by Congress on the 29 day of April last through his Department, in order that the states may be the more fully impressed with the necessity of such united and determined exertions as with the cooperation of our generous ally will expell the enemy from their remaining posts within the United States and display to the world the falsehood of the assertions of the
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British Court that the people of these states are neither united nor determined in support of their national Independence.
Resolved, That the said Secy. be further directed to prepare and report to Congress a manifesto exhibiting to the world the origin and justice of our cause, and in particular the several facts and arguments which demonstrate the unanimity and unalterable firmness of the Citizens of the U. States therein.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 25, II, folio 95.
The communication of the Secretary for Foreign Affairs was entered only in the manuscript Secret Journal, Foreign Affairs. The resolution was entered in both the Public and the Secret Journal. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton), V., 382.]
The order of the day for taking into consideration the report of the committee, consisting of Mr. [Elias] Boudinot, Mr. [James Mitchell] Varnum, Mr. [Daniel of St. Thomas] Jenifer, Mr. [Thomas] Smith and Mr. [Samuel] Livermore, on the cessions of New York, Virginia and Connecticut, and the petitions of the Indiana, Vandalia, Illionois and Wabash companies, being called for by the delegates of Virginia, and the report being read through, and the first paragraph again read from the chair, the motion of the 18 of April as then amended, was moved by Mr. [Theodorick] Bland, seconded by Mr. [Abraham] Clark, viz.
That the report under consideration be postponed; 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 honour, 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 rights of any one of the states by whom such cessions have been made, and that such declaration be entered on the journal:
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A motion was made by Mr. [Abraham] Clark, seconded by Mr. [William] Ellery, to strike out the words "that the report under consideration be postponed," and in lieu thereof to insert, "inasmuch as the report under consideration is of a nature, in which all the several states are essentially interested and consequently ought to have notice, and an opportunity to be present by their representatives in Congress at the determination thereof, there being but nine states represented at this time, that therefore the said report be postponed until the first day of August next; and that the executive authority of the several states be informed thereof, and furnished with copies of the said report, in order that each State may be fully represented, and their delegates properly instructed upon the subject at that time."1
[Note 1: 1 From this point the entries in the Journal are by George Bond.]
On the question to agree to the amendment, the yeas and nays being required by Mr. [John Morin] Scott,
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So the question was lost.
A division of the motion was then called for by Mr. Smith and on the question to agree to the first part, namely, "that the report under consideration be postponed;" the yeas and nays were required by Mr. [Theodorick] Bland.
The report being as follows:
"The committee, to whom the cessions of New York, Virginia, Connecticut, and the petitions of the Indiana, Vandalia, Illinois and Wabash companies, were referred, do report,
"That having had a meeting with the agents on the part of New York, Connecticut and Virginia, the agents for New York and Connecticut laid before your committee their several claims to the lands said to be contained in their several states. together with vouchers to support the same; but the agents delegates on the part of Virginia declining any elucidation of their claim, either to the lands ceded in the act referred to your committee, or the lands requested to be guaranteed to the said State by Congress, delivered to your committee the written paper hereto annexed and numbered twenty:
"That your committee have carefully examined all the vouchers laid before them, and obtained all the information into the state of the lands mentioned in the several cessions aforesaid, and having maturely considered the same. are unanimously of opinion, and do report the following resolutions:
"Resolved, That Congress do, in behalf of the United States, accept the cession made by the State of New York, as contained in the instrument of writing executed for that purpose by the agents of New York, dated theday oflast past, and now among the files of Congress; and that the President do take the proper measures to have the same legally authenticated, and registered in the public records of the State of New York.
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"The reasons that induced your committee to recommend the acceptance of this cession, are,
This appears by the minutes of the Council for the Colony of New York from the year 1686 tp 1760, also by the paper hereto an nexed, No. 2.
"Resolved, That Congress do earnestly recommend to the states of Massachusetts and Connecticut, that they do without delay release to the United States in Congress assembled, all claims and pretensions of claim to the said western terr teritory, without any conditions or restrictions whatever.
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"Resolved, That Congress cannot, consistent with the interests of the United States, the duty they owe to their constituents, or the rights necessarily vested in them as the sovereign power of the United States, accept of the cession proposed to be made by the State of Virginia, or guarantee the tract of country claimed by them in their act of cession referred to your committee.
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"Resolved, That it be earnestly recommended to the State of Virginia, as they value the peace, welfare and increase of the United States, that they re-consider their said act of cession, and by a proper act for that purpose, cede to the United States all claims and pretensions of claim to the lands and country beyond a reasonable western boundary, consistent with their former acts while a colony under the power of Great Britain, and agreeable to their just rights of soil and jurisdiction at the commencement of the present war, and that free from any conditions and restrictions whatever.
"Your committee farther report, that they have had a conference with the agents for the several petitioners, calling themselves the Indiana, Vandalia, Illenois and Wabash companies, and also of Colonel Croghan, and have seen and carefully examined their several vouchers and deeds; to which conference your committee invited the agents delegates for Connecticut, New York, and Virginia, but the agents delegates for Virginia refused to attend.
"On the whole, your committee are of opinion, that the purchases of Colonel Croghan and the Indiana company and Vandalia Company as fas as the last Company proceeded in the same were made bona fide for a valuable consideration, according to the then usage and custom of purchasing lands from the Indians, with the knowledge, consent and approbation of the Crown of Great Britain, the then governments of New York and Virginia, and therefore do recommend that it be
"Resolved, That if the said lands are finally ceded or adjudged to the United States in point of jurisdiction, that Congress will confirm to such of the said purchasers, who are and shall be citizens of the United States, or either of them, their respective shares and proportions of said lands, making a reasonable deduction for the value of the quit-rents reserved by the Crown of England.
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"It appeared to your committee, that divers persons, residing in and being subjects of Great Britain, and now enemies of these United States, together with divers citizens of these United States, (but who bear a small proportion to the whole number of the company) applied to the Crown of England in the yearand agreed to purchase the tract of land called Vandalia, lying on the back of Virginia, from the Allegheny mountains west to the riverand which was agreed to be erected into a colony by the king and council; that the said agreement and purchase was completed all to affixing the seals and passing the usual forms of office, by which the said company were put to very great expences in negotiating the same, as appears by the paper writings hereunto annexed. But as it is altogether incompatible with the interests, government and policy of these United States, to permit such immoderate and extravagant grants of lands to be vested in individual citizens of these states, they cannot, in justice to the United States, recommend the confirmation and establishment of the said purchases, in case the said lands should be ceded or adjudged to the United States; but in order to do the strictest justice to the said Purchasers such of the said company who are and shall remain citizens of these United States, or any of them, your committee propose the following resolution:
"Resolved, That in case the said lands shall be ceded or adjudged to these United States in Congress assembled, that on the said purchasers, or such of them as shall remain citizens of these United States, releasing to Congress all their and each of their rights, title, claim and demand, to all and every part of the said lands to and for the use of the United States, Congress will fully and amply reimburse to them and each of them, their heirs or assigns, their and each of their full shares and proportions of all their purchase-money, expences and charges, accrued on the said lands, by distinct and seperate grants of lands out of the said several tracts of land, to the full amount and value thereof.
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"Your committee also having fully considered the petition of the Illenois and Wabash companies, do report the following resolution:
"Resolved, That the petition of the Illenois and Wabash companies be dismissed.
"Your committee having been convinced in the course of their investigation of this business, that many inconveniences will arise to the citizens of these United States, unless the jurisdiction of the United States in Congress assembled, with regard to Indian affairs, is more clearly defined and established, do recommend the following resolutions for the consideration of Congress:
"Resolved, That the sole right of superintending, protecting, treating with, and making purchases of the several Indian nations situate and being without the bounds of any of the
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different states in the union, is necessarily vested in the United States in Congress assembled, for the benefit of the United States, and in no other person or persons whatever within the said states.
"Resolved, That no person or persons, citizens of these United States, or any particular State in the union in their seperate capacity, can or ought to purchase any unappropriated lands belonging to the Indians without the bounds of their respective states, under any pretence whatsoever.
"Resolved, That whenever the United States in Congress assembled, shall find it for the good of the union, to form permit new settlements on unappropriated lands, they will erect a new state or states, to be taken into the federal union, in such manner that no one State so erected shall exceed the quantity of 130 miles square, and that the same shall be laid out into townships of the quantity of about six miles square.
"Resolved, That whenever such new state or states shall be erected by Congress, they will make good all reasonable engagements made to the officers and soldiers in the United States, or any of them.
"Resolved, That whenever such new states shall be erected, that the bona fide settlers within the same, at the time of the erection of such states, shall be confirmed in their respective titles to their reasonable settlements, on the same terms as shall be allowed to other new settlers.
"Resolved, That Congress will reimburse all just and reasonable expences, that may have heretofore accrued to any of the states since the present revolution, in conquering, protecting or defending, any of the unappropriated lands so erected into a state or states.
"Resolved, That nothing herein before determined by Congress, shall be construed so as to suppose any claim or right in Congress, in point of property of soil, to any lands belonging to the Indian nations, unless the same have been bona fide purchased of them by the Crown of England, or
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which may hereafter be purchased by the United States in Congress assembled, for the use of the United States, and that at a public treaty to be held for that purpose."1
[Note 1: 1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 30, folio 1. A fair copy is on folio 15.]
∥On the question for postponing,∥
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So the question was lost.
The Committee of the Week [Mr. Silas Condict, Mr. Turbett Wright, and Mr. Edward Telfair] report,
That the Memorial of John Buhler respecting his depositing a quantity of paper money in the Treasury and receiving a certificate therefor, do lie on the table.2
[Note 2: 2 This report, in the writing of Silas Condict, is in the Papers of the Continental Congress, No. 42, I, folio 281. It is undated, but John Buhler's Memorial, dated Philadelphia, April 30, 1782, is on folio 270, and is indorsed: "May 1, 1782. Ordered to lie on the table."]
A motion was then made by Mr. [William] Ellery, seconded by Mr. [Ezekiel] Cornell, to adjourn; on which the yeas and nays being required by Mr. [Theodorick] Bland,
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[Note 1: 1 At this point Charles Thomson resumes the entries in the Journal.]
So the house was adjourned till to-morrow.2
[Note 2: 2 On this day, according to the indorsement, was read a letter of January 11, from the Assembly of Georgia. On May 20 so much of the letter as respected public accounts was referred to the Superintendent of Finance. The letter is in the Papers of the Continental Congress, No. 73, folio 287.]
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