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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, APRIL 30, 1784.
Congress assembled: Present, eleven states as before.
Congress took into consideration the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Jacob] Read, Mr. [Hugh] Williamson, Mr. [Jeremiah Townley] Chase and Mr. [Thomas] Jefferson, to whom were referred
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sundry letters and papers relative to commercial matters, and the following paragraph being under debate:
The Committee to whom were referred sundry letters and papers relative to Commercial matters, submit the following circular letter and resolves:
The trust reposed in Congress renders it their duty to be attentive to the conduct of Foreign nations and to prevent or restrain as far as may be all such proceedings as might prove injurious to the United States.
The delicate situation of Commerce at this time claims the attention of the several States and it will be admitted that few objects of greater importance can present themselves to their notice. The fortune of every citizen is interested in the fate of Commerce for it is the constant source of industry and wealth and the value of our produce and our land must ever rise or fall in proportion to the prosperous or adverse state of trade.
Already has Great Britain attempted a monopoly which is destructive of our trade with her West India islands; there was reason to expect that a measure so unequal and so little calculated to promote mercantile intercourse would not be persevered in by an enlightened nation, but the measure seems to be growing into a system and if it should be attended with success there is too much reason to apprehend other nations might follow the example and the Commerce of America become the victim of illiberal policy.
It would have been the duty of Congress as it was their wish at an earlier period to have met the attempts of Great Britain with similar and adequate restrictions on her Commerce, but their powers on this head were not explicit and tho' they are not to suppose that a free people would be jealous of men whom they choose from year to year to consult and guard their interest yet it is with reluctance that Congress now make a proposition which may seem to argue be suspected to have originated in a desire of power, altho' the measures already adopted by the legislatures of the several states seem to render it their duty to take the general sense of the Union on this subject.
It will certainly be admitted that unless the United States can act as a nation and be regarded as such by foreign powers, and unless Congress for this purpose shall be vested with powers competent to the protection of Commerce they can never command reciprocal
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advantages in trade and without such reciprocity our foreign Commerce must decline and eventually be annihilated.
That it be recommended to the legislatures of the several states, to vest the United States in Congress assembled, for the term of fifteen years, with a power to prohibit any goods, wares or merchandize from being imported into any of the states, except in vessels belonging to and navigated by citizens of the United States, or the subjects of foreign powers with whom the United States may have treaties of Commerce.
A motion was made by Mr. [David] Howell, seconded by Mr. [William] Ellery, to postpone the consideration thereof, in order to take up the following:
That it be recommended to the legislatures of the several states, to prohibit restrain by imposts or prohibitions, any goods, wares or merchandize from being imported into them respectively, except in vessels belonging to and navigated by citizens of the United States, or the subjects of foreign powers with whom the United States may have treaties of commerce, or the subjects of such foreign powers as may admit of a reciprocity in their trade with the citizens of these states. That it be recommended to the legislatures of the several states, to prohibit for the term of ten years the subjects of any foreign state, kingdom or empire, from importing into them respectively, any goods, wares or merchandize, unless such as are the produce or manufacture of that state, kingdom or empire, whose subjects they are.1
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 367. The vote is indorsed on the motion.]
That the United States may be enabled to secure such advantages in the object terms of equality in their Commerce with Foreign nations is the object of this address, and it will appear by the papers herewith transmitted that however desirous some of the states may be that further powers should be vested in Congress for the external
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external regulation of trade, much time and many valuable opportunities might be lost before any thing effective could be done considering the vague and different powers that are proposed to be given by different states. Hence it seems necessary that the states should be explicit and fix on some particular mode by which Foreign Commerce not founded on principles of reciprocity may be restrained. Imposts or duties have been the general instruments for effecting this purpose, but Congress have agreed to recommend another measure which is more simple, equally effective and may be less exceptionable. For this purpose they have,
Resolved, That it be recommended to the legislatures of the several states to vest the United States in Congress Assembled for the term of--years with power to prohibit any goods wares or merchandize from being imported into any of the states except in vessels belonging to and navigated by citizens of the United States or the subjects of Foreign powers with whom the United States may have treaties of Commerce.
Resolved, That it be recommended to the legislatures of the several states to vest the United States in Congress Assembled for the term of--years with the power of prohibiting the subjects of any Foreign State, kingdom or empire from importing into the United States, any goods, wares, or merchandize unless such as are the produce or manufacture of that state kingdom or empire whose subjects they are.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 24, folio 99. According to the indorsement the committee was Mr. [Elbridge] Gerry, Mr. [Jacob] Read, Mr. [Hugh] Williamson, Mr. [Jeremiah Townley] Chase and Mr. [Thomas] Jefferson. This report was read April 22, made the order of the day for Monday, April 26, and passed April 30.]
And on the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [William] Ellery,
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So it passed in the negative.
The report being amended was agreed to as follows:
The trust reposed in Congress, renders it their duty to be attentive to the conduct of foreign nations, and to prevent or restrain, as far as may be, all such proceedings as might prove injurious to the United States. The situation of Commerce at this time claims the attention of the several states, and few objects of greater importance can present themselves to their notice. The fortune of every citizen is interested in fate of commerce success thereof; for it is the constant source of wealth and incentive to industry; and the value of our produce and our land must ever rise or fall in proportion to the prosperous or adverse state of trade.
Already has Great Britain adopted regulations destructive of our commerce with her West India islands. There was reason to expect that measures so unequal and so little calculated to promote mercantile intercourse, would not be persevered in by an enlightened nation. But these measures are growing into system. It would be the duty of Congress, as it is their wish, to meet the attempts of Great Britain with similar restrictions on her commerce; but their powers on this head are not explicit, and the measures already adopted propositions made by the legislatures of the several
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states, seem to render it their duty necessary to take the general sense of the Union on this subject.
Unless the United States in Congress assembled shall be vested with powers competent to the protection of commerce, they can never command reciprocal advantages in trade; and without such reciprocity these, our foreign commerce must decline, and eventually be annihilated. Hence it seems is necessary that the states should be explicit, and fix on some effectual mode by which foreign commerce, not founded on principles of reciprocity equality, may be restrained.
That the United States may be enabled to secure such terms of equality, they have
Resolved, That it be, and it hereby is recommended to the legislatures of the several states, to vest the United States in Congress assembled, for the term of fifteen years, with power to prohibit any goods, wares or merchandize from being imported into or exported from any of the states, in vessels belonging to or navigated by the subjects of any power with whom these states shall not have formed treaties of Commerce.
Resolved, That it be, and it hereby is recommended to the legislatures of the several states, to vest the United States in Congress assembled, for the term of fifteen years, with the power of prohibiting the subjects of any foreign state, kingdom or empire, unless authorised by treaty, from importing into the United States any goods, wares or merchandise, which axe not the produce or manufacture of the dominions of the sovereign whose subjects they are.
Provided, That to all acts of the United States in Congress assembled, in pursuance of the above powers, the assent of nine states shall be necessary.1
[Note 1: 1 A printed copy of this Act, signed by Charles Thomson, is in the Papers of the Continental Congress, No. 49, folio 481.]
The Committee, consisting of Mr [Jacob] Read, Mr [Elbridge] Gerry and Mr [Edward] Hand, to whom were referred the motion
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of Mr [Jacob] Read of the 29th day of April Instant and the instructions to their Delegates in Congress from the State of Pensylvania report
That it appears to your Committee that General George Washington, lately Commander in Chief of the Armies of the United States of America is in consequence of his late command exposed to very considerable extra table and household expences.
The Committee beg leave to observe that many foreigners of great distinction have already visited these States from a desire to become acquainted with a country and people rendered famous by the late arduous and glorious war, and to pay their respects to the illustrious character who led the arms of the Confederated States with so much honour to himself and advantage to the Union. That much greater numbers may continually be expected. That as well by these means as from the constant visits of the Citizens of the United States passing and repassing through the State of Virginia, as also of those persons who during the war were under the command of the General in the different departments of the Army and who are frequently necessitated to refer themselves to him for advice and assistance in the settlement of their affairs, the expences of the General's table and household must be encreased beyond the compass of the fortune of any individual in these United States. Your Committee think it would reflect great discredit on the United States to suffer a General who has so gloriously and disinterestedly served them through a long and arduous war should be put to an inconvenience, or injured in his private fortune, by being obliged to bear out of his own purse so great an expenditure as he is at present subjected to. The Committee therefore recommend the following resolves: Resolved, That the Superintendant of finance pay to the drafts of George Washington Esquire late Commander in Chief of the Armies of the United States Ten thousand dollars per annum by quarterly payments to be accounted from the first day of January last past untill the further order of Congress. Resolved, That the President write a letter to the General inclosing a copy of the foregoing report and of these resolves, expressing the strongest wishes of the United States in Congress assembled that he will permit them to make the above provision for reimbursing the extra expences which he must necessarily incur in consequence of the dignified office and high command which he has lately sustained in the Service of the United States,
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and informing him that Congress consider this as their indispensable duty and as an act of impartial justice due to the General.1
[Note 1: 1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, VI, folio 469. See ante April 29. An extract from the instructions to the Pennsylvania delegates is on folio 465.]
[Report of Mr Thomas Jefferson, Mr Hugh Williamson, Mr David Howell, Mr Elbridge Gerry, Mr Jacob Read. An Ordinance for ascertaining the mode of locating and disposing of lands in the western territory.]
Be it ordained by the United States in Congress assembled, that the territory ceded by individual States to the United States, when the same shall have been purchased of the Indian inhabitants, and laid off into States, shall be disposed of in the following manner: it shall be divided into Hundreds of ten geographical miles square, each mile containing 6086 feet and four tenths of a foot, by lines to be run and marked due North and South, and others crossing these at right angles, the first of which lines each way shall be at ten miles distance from one of the corners of the State within which they shall be, but if the Indian purchase shall not have included any one of the corners of the State, the lines shall then be run at the termination of integral miles, as measured from some one of the corners, but shall be extended, by actual marks, only so far as the purchase extends. These Hundreds shall be subdivided into lots of one mile square each, or 850 acres and four tenths of an acre by marked lines running in like manner due North and South, and others crossing these at right angles.
For laying off the said territory, Surveyors shall be appointed by Congress, or the Committee of the States, who shall proceed forthwith, under the direction of the Register hereafter to be mentioned, to divide the same into hundreds, by lines in the directions, and at the intervals before mentioned, which lines shall be measured with a chain, shall be plainly marked by chaps or marks on the trees, and shall be exactly described on a plat whereon shall be noted, at their proper distances all water courses, mountains, and other remarkeable and permanent things, over or near which such lines shall pass.
The Hundreds being laid off and marked, nine of them shall be assigned as a district to each surveyor, who shall then proceed to divide each Hundred of his district into lots as before directed, beginning
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with the Hundreds most in demand, and measuring, marking, and platting the said dividing lines thereof in the manner before directed for the Hundreds, save only that the lines of the lots shall be distinguished by a single mark on each tree, and those of the hundreds by three marks. And that the said lots may be capable of more accurate description and distinction from each other, those in every hundred shall be designated by the numbers in their order from i to 100, beginning at the northwestern lot of the Hundred and applying the numbers from 1 to 10 to the lots of the first row from West to East successively, those from 11 to 20 to the lots of the second row from west to east and so on; the Surveyors shall pay due and constant attention to the variation of the magnetic meridian, and shall run and note all lines by the true meridian, certifying with every plat what was the variation at the time of running the lines thereon noted.
A Register shall be appointed by Congress, for each of the States within which the said territory shall lie, who shall keep his Office within the said State, be resident at it himself, and provide a seal for authenticating its acts; to him returns shall be made, by the several Surveyors, on the last days of March and August in every year, of the plats of all lines, measured and marked by them in the preceding half year, to be by him collated, and reduced into a general map of the whole State for which he acts, he shall annually, to wit, on the first Monday in November of every year, deliver or cause to be delivered, to the Secretary of Congress, a copy of such portions of the said general map as shall have been formed, or further filled up, during the preceding year, retaining one in his own Office for the use thereof, he shall have power to suspend any Surveyor for negligence or malversation, making report thereof to Congress, or a Committee of the States, that they may direct a proper enquiry.
Each Register shall cause to be printed under such devices, difficult of imitation, as he shall think best, warrants each of which shall give right to one lot of a mile square described as before directed, and other warrants for each of the said States which shall give right, each of them, to one of the Hundreds of ten miles square as before described; these warrants shall have blanks for names and dates, shall be numbered and signed by the Register, sealed with the seal of his Office, and shall be cut with indentures from a book, the margin of which shall be numbered in correspondence with the
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warrant cut therefrom, and shall be preserved in the Office as a further check, the said warrants shall be deposited in the Treasury of the United States, and the Treasurer thereon debited with them, from thence they shall be sent in such numbers as the Register issuing them shall direct, to the Commissioner of the Loan Office for the United States in each of the States within the Union, the Treasurer countersigning them on parting therewith, and having a credit duly entered in his own account with the United States, and a debit against the loan Officer, to whom they are sent.
Any person, chusing to become a purchaser of lands within the said territory and paying to the Treasurer, or Loan Officer, the sum ofdollars, shall receive in lieu thereof one of the said smaller warrants entitling him to a lot, or payingdollars, shall receive in lieu thereof one of the said larger warrants, entitling him to a whole Hundred within the State from which the warrant issued; the Treasurer or Loan Officer inserting the name of the purchaser in the proper blank, filling up the date, and attesting the warrant by his own subscription. Loan Office certificates, reduced to their specie value by the scale of depreciation, or certificates of liquidated debts of the United States, shall be receivable for the said warrants in lieu of money; and evidences of military fights to lands, hereinafter to be described, shall be receivable instead of the price itself of so much land; these warrants shall pass by descent or devise as real property as lands, by descent or devise, but not by assignment nor by survivorship. The owner of any warrant proceeding to locate the same, shall deliver it to the Surveyor of the district, wherein his location is to be, describing to him the particular lot on which he places it, or the Hundred, if it be a warrant for a hundred, by a designation of some point, either natural or artificial, within the said lot or Hundred, so singular and certain as may be adapted to no other lot or Hundred, or by reference to the position of the Hundred, or number of the lot, which description the Surveyor shall immediately enter in a book well bound, with the date of the entry, describing the warrant located thereon by its number, date, signatures and name of the original owner, and leaving no blank space or leaf between that and the preceeding entry, nor any margin by its side. If the location be made before the lot or hundred be yet laid off by lines actually run and marked, the surveyor shall retain the warrant in his hands until the Hundred, if it be for a Hundred, or until all the lots of the
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Hundred, if it be for a lot, shall be actually laid off by marked lines, and then, or at the time of the entry, if the lines were marked before the entry was made; having satisfied himself by proper evidence, or by his own inspection and examination, on what particular lot, or on what Hundred, the location is, and that there has been no previous location on the same, he shall give to the party a certificate, describing the lot or Hundred so specially as that it may be known from all others, by particular marks or circumstances, natural or artificial, by stating the order or position of the Hundred relatively to the boundaries of the State, and specifying the lot by its number, with which certificate he shall return the warrant also to the party, these being delivered to the Register, and the warrant examined, and found genuine by him, he shall give a receipt for the same, and in due time proceed to execute a grant of the land in the following form:
"A. B. register of the Land Office of the United States within the Stateof to all to whom these presents shall come greeting. Know ye that for good considerations there is granted by the United States of America unto C. D. a certain lot [or Hundred of land as the case shall be, describing it from the certificate] within the said State ofto have and to hold the said lot [or Hundred] of land, with its appurtenances, to him the said C. D. and his heirs for ever. In witness whereof the said A. B. Register of the land office of the said State hath hereunto set his hand and caused the seal of his office to be affixed, thisday ofin the yearand of the independence of the United States the"--which grant shall be entered of record, at full length, in good well bound books to be provided for that purpose, at the expence of the United States, and kept by the Register, and being so entered, shall be certified to have been registered, and then be delivered to the party or his order, different lots, adjoining side by side within the same Hundred, may be included and passed by the same grant, but separate lots, and lots in different Hundreds, as also different Hundreds, shall be passed by different grants. No fractions of a lot shall be granted, unless where such fractions are occasioned by the boundary of the State, or of the Indian conveyance. Until a temporary government shall be established in any State according to the resolutions of Congress of April--, 1784 the lands therein shall pass in descent and dower, according to the customs known in the common law by the name of Gavelkind, and shall be transferrable by deed or will proved by two witnesses,
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but so soon as a temporary government shall be so established, they shall become subject to the laws of the State, and shall never after in any case, revert to the United States. Where a grant shall be made out to the heir or devisee of the person in whose name the warrant was originally issued, he shall be named in the said grant as heir or devisee.
For preventing hasty and surreptitious titles, the Register shall execute no grant for lands until the warrant and certificate delivered him for the same shall have remained in his office months, at any time within which period any person claiming the same lands under a prior location, shall be at liberty to enter a caveat, with the register, against the execution of any grant to the other, setting forth in the entry a copy of the location under which himself claims. The Register shall thereupon issue a summons, reciting the entry made with him, and calling the defendant to appear at a certain time and place, in defence of his right, which summons being served, and the parties appearing, he shall refer the decision to three arbitrators to be chosen by them or if they cannot agree then to three intelligent, honest and indifferent persons to be named by himself, which arbitrators being first sworn to do justice between the parties according to the best of their knowledge and abilities, by the Register, who is hereby authorized to administer such oath, shall proceed thereon at such times and places as they shall appoint, giving notice thereof to the parties and their award being rendered, the Register shall execute a grant to the plaintiff or defendant, conformably therewith. The party whose location is annulled shall be authorized to receive again his warrant, and to locate it on other lands. If the defendant, being summoned, or the plaintiff fails to appear by himself or another before the Register on the day appointed, the Register may give a further day, or in his discretion may proceed on the evidence before him to execute a grant to the party having the right; if the defendant fails to appear, and there be no sufficient proof that the summons has been served, the Register shall issue a new summons, unless it shall be proved that he hath been sought at the usual place of his dwelling and hath not been found, in which case the summons shall be advertised three times in some gazette of the State wherein he then resides, or last was known to reside giving a new day of appearance, which shall not be within less thanmonths after the date of the last third publication, and on his failing to appear at that day, the
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Register shall proceed to decision, but in case of a decision against the defendant, where there was no actual service of the summons, he shall be allowed at any tune within one year after such decision, a rehearing before arbitrators to be appointed and qualified as directed in the case of an appearance, but on such rehearing the mere right alone shall be tried.
The Register, together with the map before directed to be delivered annually to the Secretary of Congress, shall report a calender of all grants executed by him, stating in different columns thereof the date, grantee, quantity, how much of that was for military service, the hundred and lot.
The monies arising from the sale of warrants shall be applied to the sinking such part of the principal of the national debt as Congress shall from time to time direct, and to no other purpose whatsoever.
The Register before he enters on the duties of his office shall give such bond and security for the faithful discharge thereof as Congress or the Committee of the States shall approve, and shall be entitled to receive, for the execution of every grantdollar, for every lot the same shall contain, ordollars if it be for a whole hundred, which shall be paid at the time he receives the warrant and certificate, and shall be deemed satisfaction for all the services and expences of his office, except the purchase of books for registering grants and of the seal of his office.
Every Surveyor shall also, before he enters on the duties of his office, give such bond and security for the faithful discharge thereof as Congress, or the Committee of the States shall approve, and shall be entitled to receive for every lot located with himdollars anddollars for a whole hundred, which shall be paid at the time of location and shall be deemed satisfaction for all the services and expences of his office, but where he shall have admitted more locations than one on the same land, he shall restore the fees received from the party whose location shall be set aside.
A Surveyor desiring to locate lands for himself shall make such location with the Register.
And whereas Congress by their resolutions of Sept: 16, 1776, and Aug: 12, 1780, stipulated grants of land to the officers and souldiers who should engage in the service of the United States, and continue therein to the close of the war, or until discharged by Congress, and to the representatives of such officers and souldiers as should be slain
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by the enemy, in the following proportions, to wit to a Major General 1100 acres, to a Brigadier 850, to a Colonel 500, to a Lt. Colonel 450, to a Major 400, to a Captain 300, to a Lieutenant 200, to an Ensign 150, and to a non commissioned officer or souldier 100. For complying therefore with such stipulation, and for ascertaining the evidence of rights accruing under the same which shall be receivable instead of money, it is ordained that the evidence to be required from commissioned officers shall be a certificate from the War Office of their rank and continuance in service to the end of the war; from non commissioned officers and souldiers, a certificate from the Captain of their company, countersigned by the officer who commanded their regiment at the time of their discharge, that they were enlisted into the service of the United States, during the war, and continued therein to the close of it, to wit to theday of1783, and from the representatives of such officers and souldiers as were slain by the enemy, a certificate, from the same authority, of the rank or term of enlistment of the deceased and that he was slain by the enemy, together with satisfactory affidavits that they are his representatives, which evidences shall be receivable by the treasurer or Loan Officer of the United States in the State to the line of which he belonged, or by the Treasurer if he belonged to the line of no State, and on the warrant issued shall be an endorsement signed by the treasurer or loan officer declaring the proportion thereof which was satisfied by military service and in the same proportion shall all fees be abated to which that warrant would otherwise be subject. The proceedings on it in all other respects shall be the same as on a warrant issued wholly for money.
Saving and confirming always to all officers and souldiers entitled to lands on the northern side of the Ohio, by donation or bounty from the Commonwealth of Virginia, and to all persons claiming under them all fights to which they are so entitled by the laws of the said State and the acts of Congress accepting the cession of western territory from the said State.1
[Note 1: 1 This report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 30, folios 59--65. The indorsement shows that it was read on this day, and Friday, May 7, assigned.]
Resolved, That the Superintendant of Finance pay the sum of eighty one hundred Dollars to Henry Gassaway for arresting Henry Carberry and for horse hire, and the expences of the said Henry
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Gassaway and of John Door, who attended said Henry Gassaway by order of the Committee of Congress on that service.1
[Note 1: 1 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II, folio 369. The indorsement states that it was made on this day, and referred to the Superintendant of Finance to take order.
On this, or an approximate date, a letter, dated New York, April 29, 1784, from Oliver Ellsworth and Richard Butler, was read. It is in No. 56, folio 105.]
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