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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 --THURSDAY, JUNE 3, 1784.
Congress assembled: Present, eleven states as yesterday.
On the report of a committee, consisting of Mr. [Edward] Hand, Mr. [Samuel] Hardy and Mr. [James] Monroe, to whom was referred a motion of Mr. Dana,
Resolved, That the ministers plenipotentiary of the United States for negotiating commercial treaties with foreign powers be and they are hereby instructed, in any negotiations they may enter upon with the court of Spain, not to relinquish or cede, in any event whatsoever, the right of the citizens of these United States
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to the free navigation of the river Mississippi from its source to the ocean.1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 28, folio 189.]
Ordered, That the secretary prepare a commission or commissions to Messrs. Adams, Franklin and Jefferson, or a majority of them to make supplementary treaties of commerce with France, the United Netherlands, and Sweden.2
[Note 2: 2 This resolution and order were entered only it the Manuscript Secret Journal, Foreign Affairs, in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.]
The committee, consisting of Mr. [Roger] Sherman, Mr. [Jacob] Read, Mr. [James] McHenry, Mr. [James] Monroe and Mr. [Samuel] Dick, to whom was referred a motion of Mr. [Jacob] Read, having reported, and the report being taken into consideration, being as follows:
Whereas a body of troops to consist of seven hundred noncommissioned officers and privates, properly officered, are immediately and indispensably necessary for securing and protecting the northwestern frontiers of the United States, and their Indian friends and allies, and for garrisoning the posts soon to be evacuated by the troops of his britannic Majesty: Resolved, That it be, and it is hereby recommended to the states hereafter named, and as most conveniently situated, to furnish forthwith from their Militia, 700 men to serve for 12 months, unless sooner discharged, in the following proportions, viz. Connecticut, 165; New-York, 165; New-Jersey, 110; Pensylvania, 260; making in the whole 700.
Resolved, That the Secretary at War take order for forming the said troops when assembled, into one regiment, to consist of eight companies of infantry, and two of artillery, arming and equipping them in a soldier-like manner: and that he be authorised to direct their destination and operations,
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subject to the order of Congress, and of the Committee of the states in the recess of Congress.
Resolved, That the pay, subsistence and rations of the officers and men shall be the same as has been heretofore allowed to the troops of the United States, and that each officer and soldier shall receive one month's pay after they are embodied, before their march.
Resolved, That it be recommended to the several states, to employ such officers of their late lines of the continental army, as may be willing to enter into the present service.
Resolved, That the staff and commissioned officers of the said troops consist of the following, and be furnished by the several states hereinafter mentioned; that is to say, one lieutenant-colonel commandant from Pensylvania, two majors, one from Connecticut, and one from New-York, each major to command a company; eight captains from the several states furnishing the troops in the nearest proportion to the number of the men furnished; ten lieutenants, one to act as adjutant; ten ensigns, one chaplain, one surgeon, four mates.
Resolved, That the the Secretary at War give the necessary order for the inferior arrangements and organization of the said troops, and make the apportionment of the officers to be furnished by the several states, not herein particularly directed.
Resolved, That the said troops when embodied, on their march, on duty, and in garrison, shall be liable to all the rules and regulations formed for the government of the late army of the United States.
Resolved, That the Superintendant of the Finances of the United States, take order for furnishing on the warrant of the Secretary at War, the sums requisite for carrying the foregoing resolutions into effect.1
[Note 1: 1 This report in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 24, folio 103--109.]
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A motion was made by Mr. [Ephraim] Paine, seconded by Mr. [Charles] De Witt, to postpone the consideration thereof, in order to take up the report of the committee, on the representation from the delegates of New-York, and which is as follows:
"The committee consisting of Mr. [Jacob] Read, Mr. [Roger] Sherman, Mr. [William] Ellery, Mr. [Samuel] Hardy, and Mr. [George] Partridge, to whom was referred the representation of the delegates from the State of New York, respecting the controversy between the said State, and the people inhabiting the territory called the New Hampshire Grants, made in pursuance of express instructions from the legislature of the said State, urging the necessity of an immediate decision of the said controversy, with sundry affidavits and other papers accompanying the same, having carefully examined the papers, and the files and proceedings of Congress, respecting the said controversy, and maturely considered the case, report thereon as follows: That by an act of Congress of the 7th of August, 1781, reciting, that the States of New Hampshire and New York had submitted to Congress the decision of the disputes between them, and the people inhabiting the New Hampshire Grants, on the west side of Connecticut river, called the State of Vermont, concerning their respective claims of jurisdiction over the said territory, and had been heard thereon, and that the people aforesaid did claim and exercise the powers of a sovereign independent State, and had requested to be admitted into the foederal Union of these States: It was among other things resolved, "That a committee of five be appointed to confer with such person or persons as may be appointed by the people residing on the New Hampshire Grants on the west side of Connecticut river, or by their representative body, respecting their claim to be an independent State, and on what terms it may be proper to admit them into the foederal
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Union of these States, in case the United States in Congress assembled, shall determine to recognize their independence. and thereof make report." "And it is hereby recommended to the people of the territory aforesaid, or their representative body, to appoint an agent or agents to repair immediately to Philadelphia, with full powers and instructions to confer with the said committee on the matters aforesaid, and on behalf of the said people to agree upon and ratify terms and articles of Union and confederation with the United States of America, in case they shall be admitted into the Union; and the said committee are hereby instructed to give notice to the agents of the States of New Hampshire and New York, to be present at the conference aforesaid."
And on the 8 day of the said August, a committee was accordingly appointed, who afterwards had a conference with Jonas Fay, Ira Allen and Bezaleel Woodward, agents appointed by the authority of the people inhabiting the said territory called the New Hampshire Grants, to repair to Congress, and to propose and receive from them, terms of a Union with the United States.
That the committee appointed as aforesaid having made their report, Congress on the 20 day of August. 1781, came to the following resolution:
@'It being the fixed purpose of Congress to adhere to the guarantee to the states of New Hampshire and New York, contained in the resolutions of the 7 instant:
Resolved, That it be an indispensable preliminary to the recognition of the independence of the people inhabiting the territory called Vermont, and their admission into the foederal Union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river, and on the west side of a line beginning at the northwest corner of the State of Massachusetts, thence running twenty miles east of Hudson's river, so far as the
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said river runs northeasterly in its general course; then by the west bounds of the townships granted by the late government of New Hampshire, to the river running from South Bay to Lake Champlain; thence along the said river to Lake Champlain; thence along the waters of Lake Champlain, to the latitude of 45 degrees north, excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain."
Which resolution was agreed to by nine states. That on 19th of October, 1781, the Assembly of Vermont, taking into their consideration the aforesaid act of Congress,
Resolved, That they could not comply with it, without destroying the harmony then subsisting in that State, and a violation of a solemn compact entered into by articles of union, &c., as appears on the journal of Congress of the 4 of April, 1782.
That afterwards, on the 22d day of February, 1782, the people inhabiting the said territory called Vermont, by their representatives in general assembly, in compliance with the aforesaid act of Congress, then remaining unaltered and unrepealed, came to the following resolutions, to wit:
"Resolved, That the West bank of Connecticut river, and a line beginning at the northwest corner of the Commonwealth of Massachusetts, from thence northward twenty miles east of Hudson's river, as specified in the resolutions of Congress in August last, shall be considered as the east and west boundaries of this State; and that this Assembly do hereby relinquish all claims and demands to, and jurisdiction in and over any and every district of territory without said boundary lines."
And afterwards, in the said month of February, 1782, the said general Assembly appointed Moses Robinson, Paul Spooner, Isaac Tichenor and Jonas Fay, esqrs., agents, with plenary powers on behalf of the people of the said district,
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to negotiate and agree on terms for their admission into confederation with these United States; and upon such admission to represent the said State of Vermont in Congress; and it being now represented by the State of New York, that great danger and distress will arise from a further delay of the decision of the said controversy; and the people of Vermont having complied as aforesaid with the terms prescribed by Congress, as a preliminary to the recognition of their independence, your committee submit the following resolves:
Resolved, That the district of territory lying on the west side of Connecticut river, called Vermont, within the limits and boundaries described in the act of Congress of the 20 August, 1781, and the people inhabiting the same, be, and they are hereby recognized and declared to be a free, sovereign and independent State, by the name of the State of Vermont. That the said State of Vermont, being within the limits of the United States, shall be considered as a part of the Confederacy, on the same principles as the new states, who shall have established permanent governments agreeably to the act of Congress of the 23 day of April last, until it shall accede to the Articles of Confederation, and be admitted into the federal Union of these States.
Resolved, That Congress adhere to the guarantee to the States of New Hampshire and New York, agreeably to the resolutions of the 7 and 20 day of August, 1781; and if it shall appear, on running the line between the States of New York and Vermont, that the latter hath made any encroachments on the territory of the former, the same shall be immediately removed.
Your committee further report, with respect to the matters alleged by the delegates of New York, concerning the suffer, encroachings of individuals by banishment and confiscation of property, and the disorders and violences that have happened
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in consequence of the opposite and interfering jurisdictions exercised by the State of New York and the government of Vermont, over the same persons within the said district; that the several letters and papers from the governor of New York and the people of Vermont, relative to those matters, have been heretofore committed, and no report hath been made thereon; your committee are therefore of opinion, that if Congress shall judge it expedient to take any further order respecting those matters, it will be proper again to commit those papers."
On the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Ephraim] Paine,
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So it passed in the negative.
Congress proceeded in the consideration of the report before the House, and a motion was made by Mr. [John]
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Beatty, seconded by Mr. [Samuel] Dick, to strike out the words and figures, "New Jersey 110:" And on the question, shall those words and figures stand the yeas and nays being required by Mr. [John] Beatty,
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So it was resolved in the affirmative.
A motion was then made by Mr. [John] Beatty, seconded by Mr. [John] Stevens, to amend the report by adding the following:
"That where the laws of any State will not admit of their militia being called out, on the terms prescribed in the foregoing resolutions, such State may be permitted to engage the quota of men assigned it, in such manner as the legislature thereof shall direct."1 On this the previous question was moved by Massachusetts and Maryland:
[Note 1: 1 This motion, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 36, IV, folio 575.]
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And on the question to agree to the previous question, the yeas and nays being required by Mr. [John] Beatty,
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So it was resolved in the affirmative, and the motion was set aside.
The report being amended to read as follows:
Whereas a body of troops, to consist of seven hundred non-commissioned officers and privates, properly officered, are immediately and indispensably necessary for taking possession of the western posts, as soon as evacuated by the troops of his britannic Majesty, for the protection of the northwestern frontiers, and for guarding the public stores;
Resolved, That it be, and it is hereby recommended to the states hereafter named, as most conveniently situated, to furnish forthwith from their militia, seven hundred men, to
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serve for twelve months, unless sooner discharged, in the following proportions, viz.
Resolved, That the Secretary in the War Office take order for forming the said troops when assembled, into one regiment, to consist of eight companies of infantry, and two of artillery, arming and equipping them in a soldier-like manner; and that he be authorised to direct their destination and operations, subject to the order of Congress, and of the Committee of the states in the recess of Congress.
Resolved, That the pay, subsistance and rations of the officers and men shall be the same as has been heretofore allowed to the troops of the United States; and that each officer and soldier shall receive one month's pay after they are embodied, before their march.
Resolved, That the staff and commissioned officers of the said troops, consist of the following, and be furnished by the several states hereinafter mentioned; that is to say, one lieutenant colonel commandant from Pensylvania; two majors, one from Connecticut, and one from New York, each major to command a company; eight captains from the several states furnishing the troops in the nearest proportion to the number of the men furnished; ten lieutenants, one to act as adjutant; ten ensigns; one regimental chaplain; one surgeon; four mates.
Resolved, That the secretary in the War office give the necessary order for the inferior arrangements and organization of the said troops, and make the apportionment of the officers to be furnished by the several states, not herein particularly directed.
Resolved, That the said troops when embodied, on their march, on duty, and in garrison, shall be liable to all the
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rules and regulations formed for the government of the late army of the United States, or such rules and regulations as Congress or a committee of the states may form.
Resolved, That the Superintendant of the finances of the United States, take order for furnishing, on the warrant of the secretary in the war office, the sums requisite for carrying the foregoing resolutions into effect.1
[Note 1: 1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 24, folios 103--109.]
On the question to agree to the report as amended, the yeas and nays being required by Mr. [Ephraim] Paine,
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So it was resolved in the affirmative.2
[Note 2: 2 From this point the entries in the Journal are made by Benjamin Bankson.]
On the report of a committee, consisting of Mr. [Richard Dobbs] Spaight, Mr. [Elbridge] Gerry, Mr. [Arthur] Lee, Mr. [John] Beatty and Mr. [Roger] Sherman, to whom
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was referred a report of a committee, on a report of the Superintendant of finance, dated the 5 November, 1783, in answer to questions proposed by the Commissioner for settling the accounts of the State of Pensylvania with the United States; and also a report on the petition of James Smith, praying for a sum of money to be advanced to him on account;
Resolved, That all monies or articles supplied by the United States to any particular State, shall be charged to such State at their just value in specie, with an interest of six per cent. per annum, from the date of such supplies, until the final adjustment and payment of the account; but the former requisitions of Congress, for supplies from the states, not being considered as their real quotas of the common expence, are not to be charged.
That all monies or continental bills of credit furnished by any particular State to the United States, to be re-issued, and all other articles supplied to, or charges made against the United States by any particular State, and allowed in the adjustment of its account, shall be credited to such State at the specie value, with an interest of six per cent. per annum, from the date of such supplies, until the final settlement of the account.
That if bills of credit advanced to any State or person to be expended for the use of the United States, shall have depreciated before the same were so applied, the receiver shall not be charged with the depreciation, if satisfactory evidence be given to the Commissioner by such receiver, that such bills had not been applied to any other use, (and were applied to the purpose designed, as soon as occasion required); otherwise such receiver will be chargeable with such bills at their value when received, or at such lesser value as the Commissioner, on consideration of all circumstances attending the case, shall judge equitable.
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That in cases where no written vouchers are or can be produced, and the Commissioner shall receive satisfactory evidence that such vouchers have been destroyed or lost, or that from the circumstances of the case they have never been obtained, he may receive such other evidence as shall be satisfactory to him, and the best that the circumstances of the case will admit; and at his discretion may examine the claimant or claimants under oath, respecting any accounts exhibited to him for settlement, whether accompanied with written vouchers or not, when the other evidence is not sufficient to satisfy him as to the truth or justice of the charge; and in case he shall doubt the truth or justice of any charge, or the authenticity of any voucher, it shall be his duty to enquire into the matter by the best evidence that can be obtained, and to allow such claims only as shall be supported by satisfactory evidence.
That the specie value of supplies furnished, or services rendered by individuals, on unliquidated accounts, to the United States, before the 26 of August, 1780, shall be ascertained, so far as may be, by the rule prescribed by a resolution of Congress of that date: and in all cases wherein that rule can not be applied, and no other is given by Congress, the just value in specie must be ascertained by the judgment of the Commissioner, on the best evidence that can be had.
That the accounts for supplies be settled by the Commissioner in the State where the same were furnished, except that in cases where the same person may have an account for supplies furnished in several States, the Superintendant of finance may, if he shall think proper, order the whole account to be settled by one Commissioner, or by the Comptroller.
That it shall be the duty of the Commissioner to attend1 in different counties or districts, when, in his opinion, it
[Note 1: 1 From this point the entries in the Journal are by John Kilty, Jr.]
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will save expence, and expedite the settlement of accounts, or when thereto requested by the legislature or the Supreme Executive of the State for which he is appointed.
That the several Commissioners be instructed to proceed in the business of settling accounts will all possible despatch.
That the Commissioners make reasonable allowance for the use of stores, and other buildings, hired for the use of the United States, by persons having authority to contract for the same; but that rent be not allowed for buildings which being abandoned by the owners were occupied by the troops of the United States.
That such compensation as the commissioner may think reasonable, be made for wood, forage or other property of individuals, taken by order of any proper officer, or applied to, or used for the benefit of the army of the United States, upon producing to him satisfactory evidence thereof, by the testimony of one or more disinterested witnesses.
That according to the laws and usages of nations, a State is not obliged to make compensation for damages done to its citizens by an enemy, or wantonly and unauthorised by its own troops; yet humanity requires that some relief should be granted to persons who, by such losses, are reduced to indigence and want: and as the circumstances of such sufferers are best known to the states to which they belong, it is the opinion of the committee, that it be referred to the several states, (at their own expence,) to grant such relief to their citizens, who have been injured as aforesaid, as they may think requisite: and if it shall hereafter appear reasonable that the United States should make any allowance to any particular states who may be burthened much beyond others, that the allowance ought to be determined by Congress; but that no allowance be made by the Commissioners for settling accounts, for any charges of that kind against the United States.
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That the Superintendant of finance be authorised to give such further instructions to the Commissioners for facilitating the settlement of the accounts of individuals with the United States, and issuing certificates on interest for what may be found due to them, as may be necessary, and not repugnant to the resolutions of Congress.
That new certificates on interest shall be issued in exchange for those that may have heretofore been issued by any commissary or quartermaster general, or deputy commissary or deputy quartermaster general or other officer who, had a right to give such certificates for supplies or services rendered to the United States, previous to, or in pursuance of the resolution of Congress of the 26 of August, 1780, to the amount of such former certificates in specie; and specie certificates issued to any person in his own name, for services or supplies which he has furnished for the United States, shall be received of him in payment of any demand which the United States have against him, upon the settlement of his account.
That an interest of six per cent. per annum shall be allowed to all creditors of the United States, for supplies furnished, or services done, from the time that the payment became due.
That the Superintendant of finance give order for the speedy settlement of the accounts of James Smith, by the proper Commissioner, and take order for payment of what may be found due to him, or such part thereof as the state of the finances will admit, without giving him any undue preference to other creditors.
[That a Commissioner be appointed to settle the accompts of the Commercial Committee and other persons entrusted with the Commercial Rejected. concerns of the United States, and that he observe the Rules prescribed to the other Commissioners for liquidating the public Accompts.
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That the commissioner for settling the marine accounts, be directed to proceed to Boston, to adjust those of the Navy Board, and all other marine accounts of the United States in the eastern department.]
That the paymaster general, in settling the old accounts of the line of the army, be instructed to have recourse to the principles of the above resolutions, so far as they may apply.1
[Note 1: 1 This report, in the writing of Roger Sherman, except the paragraphs in brackets, which are in the writing of Richard Dobbs Spaight, and the last, paragraph, which is in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, V, folios 393 and 401-1. It is indorsed: "... On B. Stelle's queries, &c...." A printed copy of the report, with the alterations, is on folio 403.
The following undated motion, in the writing of Jonathan Blanchard (?) appears to belong to this period. It is in No. 36, II, folio 419:
That it shall be the duty of said Commissioners to receive of the States in the district for which they [are] appointed all their accounts and vouchers for demands which said state or states may have against the United States for services performed or supplies made wither the same has been made under existing resolutions of Congress or not.]
2P.M. FOUR O'CLOCK
[Note 2: 2 At this point Charles Thomson resumes the entries in the Journal.]
On the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Samuel] Hardy and Mr [Edward] Hand, to whom was referred a letter from the governor of the State of Massachusetts, with its inclosures, and a motion of the delegates of Massachusetts. Congress came to the following resolution:
Whereas it is represented, that early in February, 1776, the accounts of the State of Massachusetts against the United States, were forwarded to Congress, and by them referred to a committee, who examined and approved the same, except the charges for the Boston poor and sea-coast guards; and whereas the committee found the accounts were supported by proper vouchers, so far as they respected the expenditure of the money in making purchases; and that the
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final settlement of the accounts were only deferred till similar or competent proofs should be obtained of the issues or expenditures of the articles thus purchased for the public use: And whereas it is further represented, that the vouchers respecting the purchases, were put up in boxes, and lodged in the care of the Officers of the treasury of the United States, and that during the removals to which they have been exposed, the boxes have been opened, and some of the papers lost; and as it is not reasonable that the State of Massachusetts should suffer by the loss of those vouchers, which it has once produced:
Resolved, That the Commissioner for liquidating and settling the accounts of the State of Massachusetts with the United States be, and he is hereby instructed to pass the accounts which have been rendered as aforesaid, so far as such accounts respect the purchases, though they should, in some instances, be defective; and that in examining the accounts of issues, he admit such evidence as may appear reasonable and satisfactory, respect being had to the general disorder and want of system, about the beginning of the late war.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 20, I, folio 165.]
On the report of the Superintendant of finance, to whom was referred the memorial of Lieutenant Andrew Lytle,
Resolved, That Lieutenant Andrew Lytle be allowed to debit the United States, with the sum of seven hundred and fifty-one dollars, and that he receive credit for the same, in the settlement of his accounts.
Congress proceeded to the election of Commissioners to form a board of treasury, and, the ballots being taken, the following gentlemen were elected: Mr. Daniel of St. Thomas Jenifer, having been previously nominated by Mr. [Hugh] Williamson; Mr. Oliver Ellsworth, having been previously
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nominated by Mr. [James] Wadsworth; and, Mr. William Denning, having been previously nominated by Mr. [Charles] De Witt.
On the report of a committee, consisting of Mr. [Thomas] Stone, Mr. [Jacob] Read, Mr. [James] Monroe, Mr. [Hugh] Williamson and Mr. [Roger] Sherman, to whom was referred a petition from the legislature of the Commonwealth of Massachusetts, praying that a foederal court may be appointed by Congress, to decide a dispute between the said Commonwealth and the State of New York;
Resolved, That the first Monday in December next, be assigned for the appearance of the said States of Massachusetts and New York, by their lawful agents, at the place in which Congress shall then be sitting.
Resolved, That the form of the notice be as follows, to be transmitted by the Secretary, agreeably to the Articles of Confederation.1
[Note 1: 1 This report in the writing of Thomas Stone as to the first paragraph and of Elbridge Gerry as to the two resolutions, is in the Papers of the Continental Congress, No. 36, II, folios 447 and 451. The Massachusetts petition is in No. 65, II, folio 229.]
By the United States in Congress assembled, in the city of Annapolis, on the 3 day of June, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America.
TO THE LEGISLATIVE AUTHORITY OF THE STATE OF NEW YORK
It is hereby made known, that pursuant to the ninth of the Articles of Confederation and perpetual Union, the legislature of the Commonwealth of Massachusetts, have presented a petition to Congress in the words following:
"To the United States in Congress assembled, the petition of the legislature of the Commonwealth of Massachusetts sheweth, That whereas James the first, late King of Great
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Britain, by his letters patent, bearing date at Westminster, the third day of November, in the eighteenth year of his reign, granted unto the Council established at Plimouth, in the county of Devon, and kingdom of Great Britain, commonly called the Council for planting, ruling and ordering and governing of New England in America, all that part of America, lying and being in breadth from forty to forty-eight degrees of northerly latitude, and of length of and within all the breadth aforesaid, throughout the main lands, from sea to sea, to hold the same to themselves, their successors and assigns forever: And whereas the said council established at Plimouth, by their deed, indented under their seal, dated the nineteenth day of March, in the third year of the reign of Charles the first, late king of Great Britain, did bargain, sell, enfeoff, alien and confirm, unto Sir Henry Roswell and his associates, and to their heirs and assigns, all that part of New England, in America, which lieth and extendeth between a great river called Merrimack, and a certain other river there called Charles river, being the bottom of a bay there called Massachusetts Bay, and also all those lands lying within three English miles to the southward of the southernmost part of the said bay, and extending thence northward, in latitude to the northward of every part of the said river Merrimack, and in the breadth of latitude aforesaid, extending throughout all the main land, in longitude westwardly to the southern ocean. And the said legislature in their claim herein described, do aver, that the point or place situate three miles south of the bay called Massachusetts Bay, is a point or place situate in forty-two degrees of northern latitude, two minutes north; and that the place, point or boundary aforesaid, of three miles to the northward of every part of the river Merrimack, is a place or point situate in forty-four degrees northern latitude, fifteen minutes north; and that by the grant aforesaid, the said Sir Henry Roswell
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and his associates, became seized of all the lands before described and contained in the grant aforesaid, of the said council established at Plimouth; and that the same grant was confirmed to the said Henry Roswell and his associates, by the said King Charles, by his letters patent, dated in the fourth year of his reign; and that the said Sir Henry Roswell and his associates, were, immediately upon making the grant aforesaid by the said council, in the actual seizen and possession of all the lands aforesaid, and for many years held the same, under the name and title of the Governor and Company of Massachusetts Bay, in New England: And that such proceedings and possessions have been done and had respecting the territory aforesaid, granted to the said Sir Henry Roswell and his associates, and subsequent grants have been made of the same, that all the said territory is now the just and proper right of the Commonwealth aforesaid. And all this the said legislature are ready to verify.
And whereas the State of New York have set up a claim to some part of the land beforementioned, and it being highly necessary to have the same claims brought to an immediate decision, they do therefore, in behalf of the said Commonwealth, most solemnly request the United States of America in Congress assembled, that commissioners may be appointed for enquiring into and determining upon the claim aforesaid of the said legislature, and that such other proceedings respecting the premises may be had, as are by the foederal government of the said United States in such cases made and provided."
And that the first Monday in December next is assigned for the appearance of the said states of Massachusetts and New York, by their lawful agents, at the place in which Congress shall then sit, to proceed in the premises as by
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the said Articles of Confederation and perpetual Union is directed.
By order of Congress,
Charles Thomson, Secretary.
It was then moved, that the journal of this day's proceedings be read.
A motion was made by Mr. [Jacob] Read, seconded by Mr. [Richard] Beresford, to postpone the reading of the journal, in order to take into consideration the report of the committee on Indian affairs in the southern department: And on the question to agree to this motion, the yeas and nays being required by Mr. [Jacob] Read,
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So the question was lost.
A motion was then made by Mr. [Richard Dobbs] Spaight, seconded by Mr. [Jacob] Read, in order to take up the following:
"That the act of Congress of the 26 April, authorizing the President to adjourn Congress on this day, being
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irregular and unconstitutional be repealed; and that this Congress will continue to sit till the business before them be acted on."1
[Note 1: 1 This motion, in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress, No. 36, IV, folio 358.]
And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Richard Dobbs] Spaight,
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So it passed in the negative.
The journal up to this period was then read.
A motion was made by Mr. [Arthur] Lee, seconded by Mr. [Richard] Beresford, in the words following:
Whereas it is necessary to expedite the holding treaties with the Indian nations, &c. as entered on the journal of the 18 May last.
An amendment was moved by Mr. [James] McHenry, seconded by Mr. [John Francis] Mercer, by inserting, "of
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the militia directed to be raised by the act of this day," immediately after the words, "three hundred men:" And on the question to agree to this amendment, the yeas and nays being required by Mr. [Arthur] Lee,
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So it was resolved in the affirmative.
The motion being amended, was agreed to as follows:
Whereas it is necessary to expedite the holding treaties with the Indian nations, which it appears cannot be done but under the protection of an armed force; therefore,
Resolved, That the Secretary in the War Office be, and he is hereby directed to order three hundred men, of the militia directed to be raised by the act of this day, to be in readiness to march when and to what place or places the Commissioners for negotiating with the Indians, or any two of them, shall direct: and that the commanding officer of the said troops, give such protection to the Commissioners, as they, or any two of them, shall require; and that the
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said Secretary give order to the different keepers of the public stores, to furnish to the order of the Commissioners, or any two of them, such tents, marquees and other articles as the said Commissioners shall think proper.
Resolved, That the Superintendant of finance take order for purchasing and transmitting the articles necessary for the Indian treaties, according to a list hereunto annexed, to such places as the commissioners appointed to negotiate with the Indians, or any two of them, shall direct. That he furnish such additional articles, not exceeding the sum of four thousand dollars, as the said commissioners shall order; and that he contract with such persons as he may think proper, to furnish sixty thousand rations for the Indian treaties, at such places as the commissioners or any two of them shall direct, together with such things as shall be necessary for the expences of the said commissioners during the negotiation.
Resolved, That the Commissioners for negotiating with the Indians, or any two of them, being a majority of those present, be empowered to do the business of the commission, and to appoint a secretary, messengers, interpreters, storekeepers, and such artificers as they may find necessary, and to agree with them for their pay, for which they shall draw warrants on the treasury
On motion of Mr. [Elbridge] Gerry, seconded by
Resolved, That the thanks of Congress be given to his Excellency Thomas Mifflin, for his able and faithful discharge of the duties of President, whilst acting in that important station.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, IV, folio 565.]
A motion was made by Mr. [Francis] Dana, seconded by Mr. [Edward] Hand,
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That the committee of the states appointed by Congress to sit during their recess, be, and they are hereby directed, to hold their session at Trenton, in the State of New Jersey, and to open the same as soon after the adjournment of Congress as shall be convenient on the twentieth day of June instant, and the several states are requested to keep up their representation therein.1
[Note 1: 1 This report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 36, IV, folio 573.]
A motion was made by Mr. [Jacob] Read, seconded by Mr. [Richard] Beresford, to postpone the consideration of that motion, in order to take up the following:
"That notwithstanding the act of the 26 April last, Congress will continue to sit and transact the business of the United States, until Tuesday the 8th of June instant, on which day the President shall adjourn Congress, to meet at Trenton on the 30th day of October next, pursuant to the said act of the 26 of April above mentioned:"2
[Note 2: 2 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, IV, folio 581.]
On the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Jacob] Read,
{table}
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So it was resolved in the affirmative.
After debate, a division was called for by Mr. [John Francis] Mercer, so that a question be taken on the first part, as far as the words, "8th of June instant;" and the second question on the latter part.
Upon this the motion was withdrawn, to make way for a motion of Mr. [Elbridge] Gerry, to this effect, that on Tuesday next, Congress should stand adjourned to meet at Trenton on the 30 of October.
[Motion of Mr. Elbridge Gerry.]
Resolved, That Congress stand adjourned, with or without the usual form of adjourning by the President or a chairman of Congress on Tuesday the 8th. instant to meet at Trenton on the 30th. October following for the dispatch of public business, any thing in their resolution of the 26th. of April last to the Contrary notwithstanding.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, II, folio 461. It is indorsed by Thomson "...When the adjournment was called for."]
[Motion respecting the Committee of the States convening Congress at an earlier date than they stand adjourned for]
That the Committee may convoke Congress at an earlier day than that to which they shall stand adjourned, if the public exigencies shall in their opinion require it, [and that the rules & orders of Congress shall be adopted by the Committee.]2
[Note 2: 2 This motion, undated, in the writing of John Beatty, except the part in brackets, which is in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, IV, folio 569.]
An adjournment was then called for, which being carried,
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The President, by virtue of the powers, and in pursuance of the direction of the act of the 26 April, adjourned Congress to meet at Trenton on the 30th day of October next.
The Committee [Mr. Samuel Hardy, Mr. Hugh Williamson and Mr. James McHenry] to whom was referred a letter from the Superintendant of Finance of the 26th. May, (ulto) enclosing a letter from Joseph Pennel, Esqr. submit the following resolve.
That the Commissioner for settling the Accounts of the Marine Department be instructed and authorized in settling the accounts of the several continental agents to make them such reasonable compensation as they may seem to have merited from the extent or difficulty of their respective services, not allowing them in any case more than a commission of five per cent.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, IV, folio 439. The indorsement indicates that it was read on this or an approximate date. It also states: "See letter Mr Pennel January 15, 1785. Report Board of Treasury June 13, 1785."]
That the Supt. Intt. of Finance to take order to supply furnish Col. Hull who is appointed to has lately been ordered by General Knox to go into Canada for the purposes mentioned in the resolution of Congress of theday ofwith so much money as may be necessary for his expences in that business.
Motion of Mr. Francis Dana, Mr. David Howell, June 3d 1784.
Referred to the Superintendt. of finance, to take order.]2
[Note 2: 2 This motion, in the writing of Francis Dana, except the part in brackets which is in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, II, folio 453.]
The Committee of the Week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Read] to whom were referred the memorial of John Ross beg leave to report, that a report of a Committee of February, 1783, be taken up.3
[Note 3: 3 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 41, VIII, folio 330. Ross's memorial is on folio 327. Another letter of Ross's is in No. 78, XIX, folio 471.
On this, or an approximate date, was read a letter of the 1st from Hugh Gayron. It is in No. 78, X, folio 471.]
The Superintendent of the Finances of the United States to whom was referred the Memorial of Lieutenant Andrew Lytle begs leave, To report,
That the enclosed papers, number one two three, four and five contain the correspondence which hath passed between the Superintendant and Lieutenant Lytle.
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That the enclosed paper Number six contains the copy of a report of the Board of Treasury of the fourth of August 1780 which was adopted by Congress on the seventh-- And,
That the case of Lieutenant Lytle being analogous to that of Alexander Benstead, it may be proper to comply with so much of the memorial as prays an order,
That Lieutenant Andrew Lytle be allowed to Debit the United States with the sum of seven hundred and fifty one dollars and that he receive credit for the same on the settlement of his accounts.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, III, folio 589. The indorsement states that it was passed on this day, having been read May 11.]
Office of Finance 5th May 1784.
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