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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 --TUESDAY, JULY 27, 1784.
The Committee of the States assembled: Present, nine states as yesterday.
A motion was made by Mr. [Edward] Hand, in the right of the State of Pensylvania, in the words following:
"Whereas the United States in Congress assembled, did, on the 23d day of January last, cause the following notice to be given to the claimants of the private right of soil, within the territory westward of the river Delaware, formerly in controversy between the state of Connecticut and that of Pensylvania, viz.
"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 soft 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
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soil, in pursuance of the ninth Article of Confederation: and that the 4th Monday in June next, is assigned for the appearance of the parties, by their 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."
And whereas an agent for one of the parties only attended on the said 4th Monday in June, agreeably to the said notice, viz. William Bradford, jun. as agent on the part of the claimants under grants from the state of Pensylvania. Therefore in justice to the said claimants, and to the end it may be known that the institution of the said court, has not been prevented by neglect or non attendance on their part,
Resolved, That the letter from William Bradford, jun. to the chairman of the Committee of the States, dated at Annapolis, the 28th June, 1784, informing, that being appointed an agent and counsellor in the controversy concerning the private right of soil, to lands within the state of Pennsylvania, and in support of the grants held under that commonwealth, he was then ready to appear, agreeably to the requisition of the United States in Congress assembled, expressed in their act of the 23d day of January last, be entered on the Journals of the Committee of the States:"1
[Note 1: 1 This motion, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 32, folio 47.]
Which being under consideration,
A motion was made by Mr. [Francis] Dana, seconded by Mr. [Jonathan] Blanchard, to amend the motion by inserting between the words, "Pensylvania Therefore," the following, "at which time there was not a quorum of the Committee of the States, nor before the 5th day of July instant,
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since when no agent has appeared before the Committee from the State of Pensylvania, nor at any time on the part of the claimants under the state of Connecticut."1
[Note 1: 1 This motion, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 32, folio 51.]
And on the question to agree to the amendment, the yeas and nays being required by Mr. [Francis] Dana,
So the question was lost.
On the question to agree to the motion, the yeas and nays were required by Mr. [Francis] Dana,
So the question was lost.
The committee, consisting of Mr. [Francis] Dana, Mr. [Richard Dobbs] Spaight and Mr. [Jacob] Read, to whom was referred the report of a committee of Congress, upon their order of the 17th June, 1783, "That a committee be appointed
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to consider what further measures may be necessary to compel persons who have received public monies to account," report, that upon inspecting the Journals of Congress they find, that Congress did, on the 27th February, 1782, resolve, "that it be recommended to the several legislatures of these United States, to make provision by law for the speedy and effectual recovery from individuals, of debts due and effects belonging to the United States." That on searching the files in the Office of the Secretary of Congress, your committee do not find that any of the legislatures of the respective states, have made the provision recommended to them to be made by the said resolution of Congress. And as it is the opinion of your committee, that the interest of the United States, hath already suffered greatly for want of such provision, and doth require that it should be made by the several legislatures, without loss of time; therefore,
Resolved, That it be most earnestly recommended to such of the legislatures of these United States, as may not have yet complied with the said recommendation of Congress, to enact laws in compliance therewith, as soon as may be, and for empowering such person or persons as already are, or hereafter shall be appointed by the United States in Congress assembled, for that purpose, in their name and in their behalf, to commence, and to prosecute to final decree, judgment and execution, any action or actions, bill, suit or plaint, either in law or equity, which may be proper and necessary, not only for the recovery from individuals of debts due, and effects belonging to the United States, but to recover, secure or maintain any rights, properties or interests to the said United States appertaining, or for any injury or damages whatsoever which they have sustained, or may sustain, therein. [And that it be further recommended to the legislatures of the several states, to frame any act or acts which they may pass in pursuance of the foregoing
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recommendation, in such manner as may produce a speedy and effectual decision of all such bills, actions, suits or plaints as may be commenced, sued or prosecuted for the purposes aforesaid.]1
[Note 1: 1 This report, in the writing of Francis Dana, except the part in brackets, which is in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 32, folio 93.]
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