| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, MARCH 1, 1784.
Mr. Jonathan Blanchard, a delegate for the State of New Hampshire, attended, and produced credentials, by which it appears, that on the 26th of December last, he was duly appointed to represent that State in the Congress of the United States, until the first Monday in November next.
State of New HampshireIn House of Representatives Dec.r. 26th 1783.
Voted, that the Honble. Jonathan Blanchard Esq: be and he hereby is appointed a Delegate to represent this State in the Congress of the United States untill the first Monday of November next unless sooner relieved or recall'd by the General Assembly of this State with all the Powers & Priviledges which other Delegates from this State have heretofore had & enjoyed agreeable to the Confederation of the United States.
Sent up for Concurrence,
John Dudley, Speaker.
In Council the same day read & concurred,
E. Thompson, Secy
Copy Examd
Per J. Pearson, D. Secy2
[Note 2: 2 The original is in the Papers of the Continental Congress, New Hampshire, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.
Sometime in this month (February), as the indorsement indicates, was read a petition of Anthony Selin. It is in No. 42, VII, folio 184.]
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Pensylvania, Virginia, North Carolina and South Carolina; and from the State of Delaware, Mr. [James] Tilton, and from Maryland, Mr. [Jeremiah Townley] Chase.
Page 110 | Page image
A letter, of 31 January, from J. Bartlett, President P. T. State of New Hampshire, was read, and also an enclosed copy of an Act passed by the said State, January I and 2, 1784, entitled "An Act for granting to the United States in Congress assembled, certain imposts and duties upon foreign goods imported into this State, and for the purpose of paying the principal and interest of the debt contracted in the prosecution of the late war with Great Britain."1
[Note 1: 1 Bartlett's letter is in the Papers of the Continental Congress, No. 64, folio 242.]
A petition of Colonel George Morgan, being read in the words following:
To the United States of America in Congress assembled.
The petition of colonel George Morgan, agent for the State of New Jersey, respectfully sheweth. That a controversy now subsists between the said State, and the Commonwealth of Virginia, respecting a tract of land called Indiana, lying on the river Ohio, and being within the United States. That your petitioner and others, owners of the said tract of land, labour under grievances from the said Commonwealth of Virginia, whose legislature have set up pretentions thereto: that in consequence of instructions from the legislature of New Jersey, to their delegates in Congress, Anno 1781, and the petitions of Indiana proprietors, Annis 1779, 1780 and 1781, a hearing was obtained before a very respectable committee of Congress, who, after a full and patient investigation of the matter, did unanimously report, as will appear on reference to their printed journals, for May, 1782, page 364, "that the purchase of the Indiana company, was 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, and the then governments of New York and Virginia." That notwithstanding this report, the State of Virginia still continues to claim the lands in question, to the great injury of your petitioner and others. That your petitioner in behalf of himself and the other proprietors of the said tract of land, applied to the said State of New Jersey, of which some of them are citizens, for its protection. That the legislature of the said State thereupon nominated and appointed your petitioner, the lawful agent of the said
Page 111 | Page image
State, for the express purpose of preparing and presenting to Congress, a memorial or petition on the part and behalf of the said State, representing the matter of the complaint aforesaid, to pray for a hearing, and to prosecute the said hearing to issue, in the mode pointed out by the Articles of Confederation. That the said legislature ordered that a commission should be issued by the executive authority of the said State, to your petitioner, for the purposes aforesaid. That a commission was accordingly issued to your petitioner, by the executive authority of the said state, a copy whereof accompanies this petition. That your petitioner doth most expressly deny that the State of Virginia hath any just or lawful claim to the lands in question, and doth declare them to be the property of your petitioner, and others as above mentioned. Wherefore your petitioner as lawful agent of the said State of New Jersey, prays for a hearing in the premises, agreeably to the ninth Article of Confederation and perpetual Union between the United States of America. Annapolis, February 26th, 1784. (Signed) George Morgan, agent for the State of New Jersey.
A motion was made by Mr. [John] Beatty, seconded by Mr. [John] Montgomery, that the said petition be committed: And on the question for commitment, the yeas and nays being required by Mr. [John] Beatty,
{table}
Page 112 | Page image
So the question was lost.
A motion was then made by Mr. [Hugh] Williamson, seconded by Mr. [Jacob] Read,
That a committee be appointed to consider and prepare an answer to the State of New Jersey, to the application which has been made by Colonel George Morgan, in behalf of that State, for the appointment of a court, under the ninth of the Articles of Confederation, to determine the claim of certain citizens of New Jersey, to a tract of land claimed by the Commonwealth of Virginia to be within its jurisdiction.
On the question to agree to this, the yeas and nays being required by Mr. [Hugh] Williamson,
{table}
So the question was lost.
A motion was made by Mr. [David] Howell, seconded by Mr. [Richard Dobbs] Spaight,
Whereas the general Assembly of Virginia at their session, commencing on the 20 day of October, 1783, passed an act to authorize their delegates in Congress to convey to the United States in Congress assembled all the right of that
Page 113 | Page image
Commonwealth, to the territory northwestward of the river Ohio: And whereas the delegates of the said Commonwealth, have presented to Congress the form of a deed proposed to be executed pursuant to the said Act, in the words following:
To all who shall see these presents, we Thomas Jefferson, Samuel Hardy, Arthur Lee and James Monroe, the underwritten delegates for the Commonwealth of Virginia, in the Congress of the United States of America, send greeting:
[Whereas the general assembly of the Commonwealth of Virginia, at their sessions begun on the 20th day of October, 1783, passed an act, entitled "An Act to authorize the delegates of this State in Congress, to convey to the United States in Congress assembled, all the right of this commonwealth, to the territory northwestward of the river Ohio," in these words following, to wit:
"Whereas the Congress of the United States did, by their act of the sixth day of September, in the year 1780, recommend to the several states in the Union, having claims to waste and unappropriated lands in the western country, a liberal cession to the United States, of a portion of their respective claims, for the common benefit of the Union: and whereas this Commonwealth did, on the 2d day of January, in the year 1781, yield to the Congress of the United States, for the benefit of the said states, all right, title and claim which the said Commonwealth had to the territory northwest of the river Ohio, subject to the conditions annexed to the said act of cession. And whereas the United States in Congress assembled, have, by their act of the 13th of September last, stipulated the terms on which they agree to accept the cession of this State, should the legislature approve thereof, which terms, although they do not come fully up to the propositions of this Commonwealth, are conceived on the whole, to approach so nearly to them, as to induce this State to accept thereof, in full confidence, that Congress will in justice to this State, for the liberal cession she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal, for the common benefit and support of the union. Be it enacted by the General Assembly, that it shall and may be lawful for the delegates of this State, to the Congress of the United States, or such of them as shall be assembled
Page 114 | Page image
in Congress, and the said delegates, or such of them so assembled, are hereby fully authorized and empowered, for and on behalf of this State, by proper deeds or instrument in writing, under their hands and seals, to convey, transfer, assign and make over unto the United States in Congress assembled, for the benefit of the said states, all right, title and claim, as well of soil as jurisdiction, which this Commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying and being to the northwest of the river Ohio, subject to the terms and conditions contained in the before recited act of Congress, of the 13th day of September last; that is to say, upon condition that the territory so ceded, shall be laid out and formed into states, containing a suitable extent of territory, not less than one hundred, nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit; and that the states so formed, shall be distinct republican states, and admitted members of the federal union; having the same rights of sovereignty, freedom and independence, as the other states. That the necessary and reasonable expences incurred by this State, in subduing any British posts, or in maintaining forts or garrisons within, and for the defence, or in acquiring any part of the territory, so ceded or relinquished, shall be fully reimbursed by the United States: and that one commissioner shall be appointed by Congress, one by this Commonwealth, and another by those two commissioners, who, or a majority of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expences incurred by this State, which they shall judge to be comprised within the intent and meaning of the act of Congress, of the 10th of October, 1780, respecting such expences. That the French and Canadian inhabitants, and other]1 settlers of the Kaskaskies, St. Vincents, and the neighbouring villages who have professed themselves citizens of Virginia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding one hundred and fifty thousand acres of land, promised by this State, shall be allowed and granted to the then Colonel, now General George Rogers Clarke, and to the officers and soldiers of his regiment, who marched with him when the posts of Kaskaskies and St. Vincents were reduced, and to the officers and soldiers that have been since incorporated into the
[Note 1: 1 The portion in brackets was entered in the Journal by Henry Remsen, Jun.]
Page 115 | Page image
said regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in such place on the northwest side of the Ohio, as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers in due proportion, according to the laws of Virginia. That in case the quantity of good lands on the southeast side of the Ohio, upon the waters of Cumberland river, and between the Green river and Tenessee river, which have been reserved by law for the Virginia troops upon continental establishment, should, from the North Carolina line, bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops, in good lands, to be laid off between the rivers Scioto, and Little Miami, on the northwest side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the before-mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States, as have become or shall become members of the confederation or federal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever. Provided that the trust hereby reposed in the delegates of this State, shall not be executed, unless three of them at least are present in Congress."
And whereas the said general assembly, by their resolution of June 6th, 1783, had constituted and appointed us the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, delegates to represent the said Commonwealth in Congress for one year, from the first Monday in November then next following, which resolution remains in full force: Now therefore know ye, that we the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, by virtue of the power and authority committed to us by the act of the said general assembly of Virginia before recited, and in the name, and for and on behalf of the said Commonwealth, do by these presents convey, transfer, assign, and make over unto the United States in Congress assembled, for the benefit of the said states, Virginia inclusive, all right, title and claim, as well of soil as of jurisdiction, which the said
Page 116 | Page image
Commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying and being to the northwest of the river Ohio, to and for the uses and purposes, and on the conditions of the said recited act. In testimony whereof, we have hereunto subscribed our names and affixed our seals, in Congress, theday ofin the year of our Lord one thousand and seven hundred and eighty-four, and of the independence of the United States the eighth."1
[Note 1: 1 This form of the deed, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 30, folio 575.]
Resolved, That the United States in Congress assembled, are ready to receive this deed, whenever the delegates of the State of Virginia are ready to execute the same.2
[Note 2: 2 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 329.]
A motion was made by Mr. [John] Beatty, seconded by Mr. [John] Montgomery, to add the following proviso: "Provided always, that the acceptance of the said cession, in manner and form aforesaid, shall not be considered as implying any opinion or decision of Congress respecting the extent or validity of the claim of the Commonwealth of Virginia, to western territory, by charter or otherwise."3
[Note 3: 3 This motion, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 36, II, folio 331, The vote is indorsed on it.]
And on the question to agree to this Amendment, the yeas and nays being required by Mr. [John] Beatty,
{table}
Page 117 | Page image
So it passed in the negative.
On the question to agree to the motion of Mr. [David] Howell, the yeas and nays being required by Mr. [Richard] Beresford,
{table}
So it was resolved in the affirmative.
The delegates of Virginia then proceeded, and signed, sealed and delivered the said deed; Whereupon Congress came to the following resolution:
The delegates of the Commonwealth of Virginia, having executed the deed:
Resolved, That the same be recorded and enrolled among the acts of the United States in Congress assembled.2
[Note 2: 2 This resolution, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, II, folio 333.]
Page 118 | Page image
The Committee [Mr. Thomas Jefferson, Mr. Jeremiah Townley Chase and Mr. David Howell] appointed to prepare a plan for the temporary government of the western territory have agreed to the following resolutions:
Resolved, That the territory ceded or to be ceded by Individual States to the United States whensoever the same shall have been purchased of the Indian inhabitants and offered for sale by the U. S., shall be formed into distinct States, bounded in the following manner as nearly as such cessions will admit, that is to say, Northwardly and Southwardly by parellels of latitude so that each State shall comprehend from South to North two degrees of latitude beginning to count from the completion of thirty one degrees North of the Equator, but any territory Northwardly of the 47th degree shall make part of the State next below. And Eastwardly and West, wardly they shall be bounded, those on the Mississippi by that river on one side and the meridian of the lowest point of the rapids of Ohio on the other; and those adjoining on the east by the same meridian on their western side, and on their eastern by the meridian of the western cape of the mouth of the Great Kanhaway. And the territory eastward of this last meridian between the Ohio, Lake Erie and Pensylvania shall be one State.
That the settlers within any of the said states the Territory so to be purchased and offered for sale shall either on their own petition, or on the order of Congress, receive authority from them, with appointments of time and place for their free males of full age to meet together for the purpose of establishing a temporary government, to adopt the constitution and laws of any one of these States, so that such laws nevertheless shall be subject to alteration by their ordinary legislature, and to erect, subject to a like alteration, counties or townships for the election of members for their legislature.
That such temporary government shall only continue in force in any State until it shall have acquired 20,000 free inhabitants, when giving due proof thereof to Congress, they shall receive from them authority with appointments of time and place to call a convention of representatives to establish a permanent constitution and government for themselves.
Provided that both the temporary and permanent Governments be established on these principles as their basis
Page 119 | Page image
That whensoever any of the said States shall have, of free inhabitants as many as shall then be in any one the least numerous of the thirteen original States, such State shall be admitted by its Delegates into the Congress of the United States, on an equal footing with the said original States, after which the assent of two thirds of the United States in Congress assembled shall be requisite in all those cases, wherein by the Confederation, the assent of nine States is now required, provided the consent of nine States to such admission may be obtained according to the eleventh of the Articles of Confederation. Until such admission by their Delegates into Congress, any of the said States, after the establishment of their temporary government, shall have authority to keep a sitting member in Congress, with a right of debating, but not of voting.
That the Territory northward of the 45th degree, that is to say of the completion of 45° from the equator and westward of Lake Superior extending to the Lake of the Woods, shall be called Sylvania; that of the territory under the 45th and 44th degrees, that which lies westward of Lake Michigan shall be called Michigania; and that which is eastward thereof within the peninsula formed by the Lakes and waters of Michigan, Huron, St Clair and Erie shall be called Cherronesus, and shall include any part of the peninsula which may extend above the 45th degree. Of the territory under the 43d & 42d degrees, that to the westward thro' which the Assenisipi or Rock river runs shall be called Assenisipia; and that to the eastward in
Page 120 | Page image
which are the fountains of the Muskingum, the two Miamis of Ohio, the Wabash, the Illinois, the Miami of the Lake and Sandusky rivers, shall be called Metropotamia; of the territory which lies under the 41st and 40th degrees, the western, thro' which the river Illinois runs, shall be called Illinoia; that next adjoining to the eastward Saratoga, and that between this last and Pensylvania and extending from the Ohio to Lake Erie, shall be called Washington; of the territory which lies under the 39th and 38th degrees to which shall be added so much of the point of land within the fork of the Ohio and Mississippi as lies under the 37th degree, that to the westward within and adjacent to which are the confluences of the rivers Wabash, Shawanee, Tanissee, Ohio, Illinois, Missisipi and Missouri, shall be called Polypotamia, and that to the eastward farther up the Ohio, otherwise called the Pelisipi shall be called Pelisipia.
That the preceding articles shall be formed into a charter of compact, shall be duly executed by the President of the U. S. in Congress assembled under his hand and the seal of the United States, shall be promulgated and shall stand as fundamental constitutions between the thirteen original States, and those now newly described, unalterable but by the joint consent of the U. S. in Congress assembled and of the particular State within which such alteration is proposed to be made.1
[Note 1: 1 This report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 30, folios 49--51. The indorsement states that it was read on this day, Monday next assigned for the consideration of this report; March 17, 1784, recommitted.]
The Committee of qualifications [Mr. Roger Sherman, Mr. Thomas Jefferson, Mr. John Beatty, Mr. Jeremiah Townley Chase and Mr. Hugh Williamson] appointed to examine the Commissions or credentials of the Members beg leave to submit to Congress the following Report:
That Mr [Samuel] Osgood, a Delegate from the State of Massachusetts, was on the 9th. day of July last appointed by the legislature of that State a Delegate to Congress for one year to commence the first Monday of November then next.
That on the 14th of February, 1781, he was appointed a Delegate for said State from that time to the first day of November then next, and on the 12th of June then next took his seat in Congress.
That on the 25th of June, 1781, the said Mr. [Samuel] Osgood was again appointed to said office for one year commencing the first
Page 121 | Page image
monday of November 1781. and on the 7th of June, 1782, he was again elected for one year, to commence the first monday of Nov., 1782. That he accepted said trust under each of said appointments.
That the final ratification of the Articles of Confederation was compleated on the first day of March, 1781. That Congress assembled on the 2nd of March, 1781, and took special notice of said Ratification and entered on the Journal the names of the members then present. Whereupon the Committee are of opinion that Mr [Samuel] Osgood, is by the 5th Article of the Confederation, incapable of being a Delegate in Congress after the first day of March, 1784, he having been a Delegate three years since the ratification of the Articles of Confederation expiring on that day.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 23, folio 241. Thomson has noted thereon: "Mr. Gerry, Mr. Foster" and in another hand is: "To commit with amendment Mr. Williamson, Mr. Lee." The indorsement states that it was made on this day, Wednesday next assigned for consideration; on March 3rd postponed till the 4th and on March 5 referred to Mr. [William] Ellery, Mr. [Jacob] Read and Mr. [Hugh] Williamson.]
The Committee of the week, [Mr. Samuel Hardy, Mr. Abiel Foster and Mr. James Tilton] report, that the representation from Capt. Frederick Paschke late of the legion commanded by Count Pulaski setting forth that he had accounted for the money he received for the purpose of going to Europe and praying that the benefit of the resolution of Congress of the 27 of April, 1778, might be extended to him, ought to be referred to a Committee.
They also report, that the petition of Terrason Brothers & Co. of Philadelphia, praying the appointment of American Consuls for the cities of Sette, Marseilles and Leghorn ought to be read in Congress.2
[Note 2: 2 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 32, folio 535. According to the indorsement it was presented on this day. Tarrasson Brothers & Co's. petition is in No. 42, VII, folio 459.
On this day, as the indorsement indicates, a memorial of Blair McClenachan was read. It is in No. 41, VI, folio 331.
Also, a petition from Colonel George Morgan. It is in No. 42, V, folio 291.
Also, a representation, dated Annapolis, January 24, 1784, of Captain Paschke which was referred to Mr. [James] Tilton, Mr. [Richard Dobbs] Spaight and Mr. Jonathan Blanchard. It is in No. 43, folio 213. Committee Book, No. 186, shows that the committee was renewed April 19, 1784.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |