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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, JANUARY 23, 1784.


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Journals of the Continental Congress, 1774-1789
FRIDAY, JANUARY 23, 1784.

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Link to date-related documents.

Congress assembled: Present, Massachussetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia North Carolina, and South Carolina; and from the state of New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] Tilton.

On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [Arthur] Lee and Mr. [Hugh] Williamson, to whom was referred a petition of Zebulon Butler, and others, claiming under the State of Connecticut, private right of soil within the territory westward of the Delaware, formerly in controversy between the said State, and that of Pensylvania, and lately determined by a court constituted and appointed agreeably to the 9th of the Articles of Confederation and perpetual union, to be within the jurisdiction of the State of Pensylvania, complaining that they are disturbed in their right by others, claiming under the said State of Pensylvania, and praying that a court may be instituted under the 9th Article of the Confederation, for determining the said right.

Also the resolutions of the General Assembly of Connecticut and the letter and proclamation of Gov. Trumbull desiring in like manner the institutions of such a court; an further notifying that the said state of Connecticut claims jurisdiction over all the lands between Pennsylvania and the Mississippi from 41° to 42° 2' northern latitude have agreed to the following resolutions:

Resolved, That a court be instituted according to the said ninth Article of the Confederation, for determining the private right of soil within the said territory, so far as the same is by the said article submitted to the determination of such a court.

That the 4 Monday in June next be assigned for the appearance of the parties, by their lawful agents, before Congress, or the committee of the states, wheresoever they shall be then sitting.


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That notice of the assignment of the said day, be given to the parties in the following form:

To the claimants of the private right of soil within the territory westward of the Delaware, heretofore in controversy between the states of Connecticut and Pensylvania, and adjudged by the sentence of a court constituted and appointed agreeably to the ninth of the Articles of Confederation and perpetual union, to be within the jurisdiction of the State of Pensylvania, it is hereby made known:

That sundry individuals claiming private right of soil, under the State of Connecticut, within the said territory, have made application to Congress, stating that they have been disturbed in their said right of soil by others, claiming under the State of Pensylvania; and praying for the institution of a court for determining the said private right of soil, in pursuance of the ninth Article of Confederation: And that the fourth Monday in June next is assigned for the appearance of the parties, by the lawful agents, before Congress, or a committee of the states, wheresoever they shall be then sitting, to proceed in the premises as by the Confederation is directed.

By order of Congress,

Charles Thomson, Secretary.

Resolved, That the said notice be transmitted by the secretary, to the executives of the states of Connecticut and Pensylvania, with a request that they take proper measures for having the same served on the parties interested under their states respectively,

The committee having not had time to go through so much of the matters referred to them as relates to the claim of the said State of Connecticut to territory westward of the State of Pennsylvania beg further time for that purpose.1

[Note 1: 1 This report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 19, I, folio 477. Butler's petition is in No. 42, I, folios 306--311.]

The committee consisting of Mr. [Edward] Hand, Mr. [Richard Dobbs] Spaight, and Mr. [James] Tilton, to whom was referred a letter from Major de Brahm, praying that a sum sufficient to defray the expence arising from his stay in Philadelphia, and that of his passage to Europe, may be granted him on account of his pay, &c., and applying for promotion, considering the disagreable situation


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and even distress Major de Brahm may be reduced to by his being detained in America which it appears to your committee must necessarily follow if he cannot procure money to enable him to return to his native country, beg leave to submit the following resolution:

Resolved, That the Superintendent of Finance be and he is hereby directed to advance Major de Brahm on account of his pay, &c., such sum as he finds necessary to enable the said Major de Brahm to return to Europe. In answer to the application of Major de Brahm for promotion, your committee submits the following resolution.

Resolved, That Major de Brahm cannot be granted the promotion he requests.1

[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, II, folio 27. The indorsement states that it was delivered January 10, 1784, and recommitted January 23. De Brahm's letter is on folio 23. See post, February 6.]

The committee consisting of Mr. [James] Duane, Mr. A[rthur] Lee, Mr. [James] McHenry, Mr. S[amuel] Huntington and Mr. [Richard] Peters, to whom it was referred to consider and devise the Powers with which a Committee of the States shall be vested during a recess of Congress submit the following resolution:

Resolved, That the Committee of the States which shall be appointed pursuant to the ninth article of confederation and perpetual union to sit in the recess of Congress for managing the affairs of the United States, or any nine of the said Committee shall be and hereby are authorized to perform and exercise, in the recess of Congress, all such powers and duties, as may be lawfully exercised by the United States in Congress assembled;

Provided, That no power is, or shall be deemed to be, hereby delegated to the said Committee of the States, for the exercise of which by the articles of confederation the voice of nine States, in the Congress of the United States assembled is requisite.2

[Note 2: 2 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 23, folio 163. The indorsement states that it was delivered September 17, 1783, read on this day and referred to Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Roger] Sherman.]

[Motion of Mr. Edward Hand; referred to Mr. Edward Hand, Mr. James Triton and Mr. Hugh Williamson]

Resolved, Thatbe and he is hereby ordered to procure and lay before Congress as soon as may be exact returns of all the military, ordnance and Quarter Master's stores, the property of


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the United States, specifying the quantity and quality of each article in what manner secured where deposited in whose care and in what manner secured.1

[Note 1: 1 This motion, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 27, folio 257. The indorsement gives it this date.]

That the report of 22d. October, 1783, be referred to a Grand Committee to report a requisition on the States for the payment of interest on the national debt.

Ordered, That they meet in the Congress Chamber to-morrow at 10 o'clock, and proceed on the business.2

[Note 2: 2 This motion, in the writing of David Howell, except the names of the members of the committee and the order, which are in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, II, folio 305. The indorsement gives it this date. The following, in the writing of Thomas Jefferson undated, is on folio 309:
That it be an instruction to the Grand Committee to prepare and report to Congress an estimate of current expences of the Continent from the 1st. day of January, 1784, to the 1st. day of January 1785.]

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