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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, MARCH 12, 1784.
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Virginia and North Carolina; and from the State of Pensylvania, Mr. [John] Montgomery, and from the State of South Carolina, Mr. [Jacob] Read.
The president being absent through indisposition, Congress proceeded to the choice of a chairman; and, the ballots being taken, Mr. Thomas Jefferson was elected.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Jacob] Read,
"That an addition be made of one commissioner, to those appointed on the 4th instant to negotiate with the Indians of the northern and middle departments."
And on the question to agree to this, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question was lost.
The secretary having, agreeable to order, prepared and laid before Congress, the form of a commission for the persons appointed to negotiate with the Indians; the same was agreed to, as follows:
The United States in Congress Assembled
To all who shall see these presents send Greeting:
Whereas, we have judged it proper that one or more convention or conventions be held with the Indians residing within the boundaries of the United States of America in the northern and middle departments comprehending the whole of the Indians known by the name of the Six Nations and all to the northward and westward of them and as far south as the Cherokees exclusive, for the purposes of receiving them into the favour and protection of the United States and of establishing boundary lines of property for separating and dividing the settlements of the citizens of the United States of America from the Indian villages and hunting grounds and thereby extinguishing as far as possible all occasion of future animosities, disquiet and vexation;
Now, therefore, Know Ye that we reposing special trust and confidence in the integrity, prudence and ability of our trusty and beloved George Rogers Clarke, Oliver Wolcot, Nathaniel Greene, Richard Butler and Stephen Higgenson, have nominated, constituted
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and appointed and by these presents do nominate constitute and appoint them the said George Rogers Clarke, Oliver Wolcot, Nathaniel Greene, Richard Butler and Stephen Higgenson our commissioners giving and granting to them and to any three of them full power and authority for us and in our name to confer, treat, agree and conclude with the said Indians or with any nation or tribe of Indians within the boundaries of the United States or bordering thereon in the northern and middle departments aforesaid, of and concerning the establishment of peace with the said Indians, extinguishing their claims and settling boundaries between them and the citizens of the United States, in as ample form and with the same effect as if we were personally present and acted therein, hereby promising to hold valid and to fulfil and execute whatever shall be agreed upon, concluded and signed by our said commissioners or any three of them.
In testimony whereof we have caused the seal of the United States of America to be hereunto affixed, witness his Excellency Thomas Mifflin, president of the United States in Congress assembled this twelfth day of March in the year of our Lord one thousand seven hundred and eighty-four and of our Sovereignty and independence the eighth.
Congress took into consideration the report of a committee, consisting of Mr. [Samuel] Osgood, Mr. [Arthur] Lee and Mr. [William] Ellery, in answer to the address from the house of representatives of the State of Connecticut, enclosed in Mr. Williams's letter, of the 1 November, and the following paragraph being under debate, respecting the resolution granting half pay for life to the officers of the army.
"The resolution of Congress referred to, appears by the yeas and nays, to have been passed according to the then established rules of that body in transacting the business of the United States; the resolution itself had public notoriety, and does not appear to have been formally objected against by the legislature of any State till after the Confederation was completely adopted, nor till after the close of the war."
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A motion was made by Mr. [David] Howell, seconded by Mr. [Arthur] Lee, to strike out the words, "nor till after the close of the war."
And on the question, shall those words stand the yeas and nays being required by Mr. [Arthur] Lee,
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So the question was lost, and the words were struck out.
The Committee [Mr. William Ellery, Mr. Jacob Read and Mr. Hugh Williamson] to whom the Report of the Committee of Qualifications, and a proposed amendment thereto were referred submit the following report.
Whereas the federal year begins on the first Monday in November, and great inconveniencies may be avoided by the several States annually electing their delegates to meet in Congress on the first Monday in November in every year.
Therefore, Resolved, That such states as have not already adopted that mode of appointment be requested to enact laws for make the annual appointment of their respective delegates to Congress in such manner as that the time of their annual services may commence on the first monday in November in every year.
Resolved, That computing the time of the services of Mr Osgood from the first monday in November, 1781, he will not have served
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as a delegate to Congress three federal years until the first monday in November next.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 23, folio 239. The indorsement states that it was read on this day; Saturday, 13th., assigned for consideration and on March 15, 1784, referred to the Committee on Qualifications.
On this, or an approximate date, was read a letter of March 10 from the Superintendent of Finance. It is in No. 137, III, folio 463.]
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