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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 --FRIDAY, FEBRUARY 14, 1783
The committee to whom was referred the report of the committee of the whole, with the amendments and additions, and which was taken brought in a report into and the same being which was taken consideration,
And on the question to agree to the first resolution, viz.
That the legislature of each State be and they are hereby required to take such measures as shall be most effectual for obtaining a just and accurate account of the quantity of Land in such State granted to or surveyed for any person, the number of buildings thereon, distinguishing dwelling houses from other buildings, and the number of its inhabitants, distinguishing white from black;
The yeas and nays being required by Mr. Bland,
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[Note 1: 1 A copy of this vote in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 24, folio 89.]
So it was resoled in the affirmative.
And the second proposition following paragraph being under debate, viz. "That the legislature of each State be,
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and they are hereby also required to cause the said account to be transmitted and delivered to Congress, on or before the first day of January next, together with the name of such person as the said legislature shall choose to be a commissioner for estimating the value of all the lands in each of the United States, granted to or surveyed for every person, and of the buildings and improvements thereon."
A motion was made by Mr. [Arthur] Lee, seconded by Mr. [John Lewis] Gervais, to postpone the proposition under debate, in order to take up the following proposition, to wit:
"That the several States in the Union be desired to make returns to Congress, on or before the first day of January 1784, of the value of all lands within their respective jurisdictions, and of the buildings and improvements on such lands, agreeable to the 8th Article of the Confederation, the valuation to be made by commissioners appointed by the several States, and acting on oath; and if either Congress or any State in which the valuation was made, shall be dissatisfied with it, the return shall undergo a revision by a court of commissioners, chosen and constituted as nearly as the case will admit, according to the 9th Article of the Confederation, and the sentence of such commissioners shall be final."1
[Note 1: 1 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 24, folio 87. Another version, in his writing, is in No. 36, II, folio 77, as follows:
"That each state be directed to return to Congress within--months a valuation by Commissioners on oath of all the patented lands within its jurisdiction, and of the buildings and improvements thereon, agreeable to the 8th. Article of the Confederation.
That where the valuation so made, shall be objected to, either on the part of the State or of Congress, in such case the State complaining on one part, and Congress on the other shall nominate each--persons, from which each party shall strike out alternately till the whole number shall be reduced to--who shall be Commissioners to revise upon oath the valuation complained of either by hearing the former Commissioners and the party complaining, or by re-valuing the lands and improvements as to the said Commissioners shall appear most proper, and the determination of such Commissioners shall be final."]
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A division of the question was called, so that the first question may be for postponing generally: on this a question of order was moved in the words following:
When a motion is made by a member to postpone a proposition before the house, in order to take up another which he reads in its place, is it in order to call for a division of such motion?"1
[Note 1: 1 This motion and the vote, in the writing of Charles Thomson, are in the Papers of the Continental Congress, No. 24, folio 85, under the caption "Question of order by Mr. B[land]", the following is entered after the vote: "Is the report under debate to be considered as relating only to one subject on the whole of which a question is to be taken. Resolved in the affirmative."]
On this question, the yeas and nays being required by Mr. [John Taylor] Gilman,
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So it passed in the negative.2
[Note 2: 2 In the copy of the vote given in the Papers of the Continental Congress, No. 24, folio 85, James Wilson is recorded as voting, no.]
On the question to agree to Mr. [Arthur] Lee's motion, the yeas and nays being required by Mr. [Arthur] Lee,
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So it passed in the negative.1
[Note 1: 1 A copy of this vote, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 24, folio 88.]
The committee, consisting of Mr. [Joseph] Jones, Mr. [John] Rutledge and Mr. [James] Wilson, to whom was referred a letter of 7 from the honourable Thomas Jefferson, reported thereon: Whereupon, on motion of Mr. [Nathaniel] Gorham, seconded by Mr. [Oliver] Wolcott,
Ordered, That the Secretary for Foreign Affairs inform Mr. Jefferson, that it is the pleasure of Congress, considering the advices lately received in America, and the probable situation of affairs in Europe, that he do not proceed on his intended voyage until he shall receive their farther instructions.2
[Note 2: 2 This order was entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. The report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 19, III, folio 281.]
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[Report of Mr. John Rutledge, Mr. James Wilson, Mr. Eliphalet Dyer, on E. Hazard's letter of 7th February, 1783:]
That it is unnecessary for Congress to give any orders, respecting the subject matter of the said letter, as any person who conceives himself injured by the transaction therein stated may have his Remedy at Law.1
[Note 1: 1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 19, III, folio 81. The indorsement shows that it was delivered this day, read, and ordered "to be filed".
On this, or an approximate date, a letter of February 13 from Lewis Garanger, Captain of bombardiers, relative to the slanders of Maurice Desdevens, was read, and according to the indorsement, referred to the ensuing committee of the week. The committee of the week, appointed February 17, was Mr. [Eliphalet] Dyer, Mr. [John Lewis] Gervais and Mr. [John] Montgomery. The letter is in No. 78, X, folio 399.]
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