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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 --SATURDAY, SEPTEMBER 20, 1783
Congress took into consideration the report of a committee, consisting of Mr. [James] Duane, Mr. [Richard] Peters, Mr. [Daniel] Carroll, Mr. [Benjamin] Hawkins and Mr. A[rthur] Lee, to whom were referred instructions to the delegates of Pensylvania, and the same being read as follows:
"That the legislature of Pensylvania be informed, in answer to the request of the delegates of that State, in consequence of instructions from the said legislature of the 13th instant, that Congress have no objection to a conference being held on behalf of the State of Pensylvania, with the Indians on their borders, respecting a purchase to be made by and at the expence of the said State, of lands within the limits thereof; provided no engagements relative to peace or war with the said Indians, be entered into by the said State, the power of holding treaties on this subject being vested by the Confederation solely in the United States in Congress assembled. And also provided, that due notice of such meeting be given to the assemblies executives of Virginia and New York, who shall have it in their option to send commissioners to the said conference."1
[Note 1: 1 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 20, II, folio 161.]
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [William] Ellery, that the farther consideration of the report be postponed until Thursday next, and on the question for postponing, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question was lost.
The report having been then amended, so as to read,
"That Congress have no objection to a conference being held on behalf of the State of Pensylvania, with the Indians on their borders, for the sole purpose of making a purchase by and at the expence of the said State, of lands within the limits thereof; provided that due notice of such meeting be given to the executives of Virginia and New York, who shall have it in their option to send commissioners to the said conference."
A motion was made by Mr. [Stephen] Higginson, seconded by Mr. [Samuel] Holten, farther to amend the report, by adding after the word "thereof," the following words: "after terms of peace accommodation shall have been agreed on between the United States and those Indians." And on the question to agree to this amendment, the yeas and nays being required by Mr. [Elbridge] Gerry,1
[Note 1: 1 Higginson's motion is in the Papers of the Continental Congress, No. 20, II, folio 161, written on the report which was under debate.]
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So the question was lost.
A division of the question on the report was then called for; and on the question to agree to the report as amended, so far as the proviso, the yeas and nays being required by Mr. [Thomas] Fitzsimmons,
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So the question was lost.
A motion was then made by Mr. [James] Duane, seconded by Mr. [William] Ellery, in the words following:
Whereas the delegates of the State of Pensylvania have laid before Congress a resolution of the legislature of Pensylvania, in the words following.
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State of Pensylvania, in General Assembly, Friday, September 12, 1783, A.M.
The committee appointed yesterday, to whom was re-committed the report of the committee, on the subject of holding a conference with the supreme executive council, respecting the lands appropriated for the use of the Pensylvania line, made report, which was read; and on motion and by special order, the same was read the second time, and adopted as follows, viz:
The committee to whom the report of a committee, on the subject of a conference to be held with the supreme executive council, respecting the lands appropriated for the use of the Pensylvania line, was re-committed, with instructions to report to this house the best and most expeditious mode for removing the obstructions to the surveying of the said lands, beg leave to report,
That they have deliberately considered the important business submitted to them, with the very interesting consequences which it involves: they find that the sole obstruction to laying off the before-mentioned land, originates in the disposition of the Indians, who claim a right to the territory in question, and will not peaceably suffer it to be occupied or disposed of without receiving, according to uniform practice, since the earliest settlement of the State, a consideration for the same.
Your committee therefore are of opinion that a purchase from the original claimants is the most dignified, humane, expeditious and economical mode by which this house can enable the surveyor-general to lay off and survey the said district; and they beg leave further to observe, that although the Articles of the Confederation do not by any means explicitly restrict this house from entering on this business independent of Congress, yet being deeply impressed with the delicacy of touching any subject of federal relation, but with the most deliberate caution; and as the letter of a clause in the ninth section appears to involve a doubt, they think proper to submit the following resolution:
Resolved, That the following instructions be forwarded without delay to our delegates in Congress, with injunctions to them to procure as expeditiously as possible, and transmit to this house the sense of Congress on the subject.
Extract from the minutes,
Peter Z. Lloyd,
Clerk of the General Assembly.1
[Note 1: 1 This resolution is in the Papers of the Continental Congress, No. 69, II, folio 461.]
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And the said delegates having also laid before Congress an instruction from the said legislature, in the words following, viz:
State of Pensylvania, in General Assembly, September 12, 1783.
Gentlemen: You are hereby instructed to lay before Congress the peculiar situation of the State of Pensylvania, which renders a conference with the Indian nations that live adjoining to our frontiers at this time necessary.
The general assembly of this Commonwealth, by their resolve of the 7th of March, A.D. 1780, promised certain donations of land to be laid off to their officers and soldiers at the end of the war; and have since that time, by a particular law, appropriated the lands belonging to this State, westward of the Ohio and Allegheny rivers, for that purpose, and for the purpose of redeeming the certificates of depreciation.
The time is now come when justice must be done to our officers and soldiers, as well respecting the said lands as their certificates of depreciation.
The custom of Pensylvania has always been to purchase the right of possession from the Indian natives, as being more consonant to justice, and less expensive than force. This, however, cannot be done without some convention or conference with the Indians for that purpose.
Although this business may be said strictly to regard only the internal police of Pensylvania, and the conference proposed does not extend to any description of men without the limits of the United States, nor regard any of the great objects of peace or war; yet our high respect for the Confederation determines us to lay open the whole design of the State to Congress.
Sensible likewise as we are, that the whole expence of this particular business must rest with Pensylvania; yet perhaps the wisdom of Congress may improve this conference to the general benefit of the union.
We wish you to use all reasonable expedition in this matter; and hope the measures we are taking for the satisfaction of the Pensylvania line will meet with the ready concurrence and approbation of the great council of the nation.
By order of the house,
Fredk A. Muhlenberg, Speaker.
The honorable the delegates of Pensylvania.1
[Note 1: 1 This instruction is in the Papers of the Continental Congress, No. 69, II, folio 465.]
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Resolved, That the legislature of Pensylvania be informed in answer to the said representation, that as soon as an agreement shall have taken place for the cessation of hostilities between the United States and the Indians engaged on the side of the British, in the prosecution of the war (for which measures are now under deliberation) Congress will cheerfully consent to the negotiation proposed by the said legislature, for the purchase of the Indian claim to lands within the limits of that State.1
[Note 1: 1 This motion, in the writing of James Duane, is in the Papers of the Continental Congress, no. 20, II, folio 163.]
On the question to agree to the foregoing motion, the yeas and nays being required by Mr. [James] Duane,
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So the question was lost.
The Committee consisting of Mr [Thomas] FitzSimons Mr [Benjamin] Huntington, and Mr [Elbridge] Gerry, to whom was referred a petition of John Halsted of the 12th of September, report by a Resolve
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That the said petition with the papers accompanying it, be referred to the Superintendant of Finance, who is directed to take order thereon without delay.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, III folio 9. The indorsement states that it was passed on this day. Halsted's petition is in No. 41, II, folio 142.]
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