| 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 --WEDNESDAY, JUNE 1, 1785.
Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from North Carolina, Mr. [Richard Dobbs] Spaight.
On the report of a committee, consisting of Mr. [David] Howell, Mr. [Samuel] Holten and Mr. [William Samuel] Johnson, to whom was referred a memorial of the revd. Samuel Kirkland,
Resolved, That the board of treasury take order for paying to the Rev. Samuel Kirkland, the sum of seventy seven and an half [dollars,] for articles of food and cloathing by him furnished for the Use and comfort of the Oneida Indians, in the years 1780 and 1781.
Resolved, That the paymaster general settle the accounts of the reverend Samuel Kirkland for his services as brigade
Page 408 | Page image
chaplain, under the appointment of October 16, 1779, and allow him the pay and subsistence therein specified to the 3 day of November, 1783.
Resolved, That in consideration of the services rendered to the United States, among the Indians of the Six Nations, by the revd. Samuel Kirkland, since the 3d day of November, 1783, the board of treasury take Order for paying him the sum of two hundred and fifty dollars.1
[Note 1: 1 See ante, April 26.]
On the report of a committee, consisting of Mr. [Rufus] King, Mr. [John] Lawrance, Mr. J[ohn] Henry, Mr. [William] Ellery and Mr. [James] Monroe, to whom was referred a petition of the legislature of the State of South Carolina, praying that a federal court may be appointed conformably to the Articles of Confederation and perpetual Union, to decide a dispute concerning boundaries, between the said state and the state of Georgia,
Resolved, That the second Monday in May next be assigned for the appearance of the States of South Carolina and Georgia, by their lawful agents; and that notice thereof, and of the petition of the legislature of the state of South Carolina, be given by the Secretary of Congress, to the legislative Authority of the state of Georgia, in the following form:
By the United States in Congress assembled, in the city of New York, on the first day of June, in the year of our Lord 1785, and of the independence of the United States of America the ninth. To the legislative Authority of the State of Georgia, it is hereby made known, that in pursuance of the ninth of the Articles of Confederation and perpetual Union, the legislature of the State of South Carolina have presented a petition to Congress in the words following:
"To the United States of America in Congress assembled, The petition of the legislature of South Carolina Sheweth, That a dispute and difference2 hath arisen and subsists between the State of Georgia
[Note 2: 2 At this point Benjamin Bankson takes up the entry.]
Page 409 | Page image
and this State, concerning boundaries, the said States claiming, respectively, the same Territories. That the case and claim of this State are as follows, viz. Charles the Second, King of Great Britain, by Charter, dated the twenty fourth day of March, in the fifteenth year of his reign, granted to eight persons therein named, as Lords Proprietors thereof, all the Lands lying and being within his dominions of America, between thirty one and thirty six degrees of North latitude, in a direct West line to the South Seas, stiling the Lands so described, the Province of Carolina. That on the thirtieth day of June, in the seventeenth Year of his Reign, the said King granted to the said Lords Proprietors, a second Charter, enlarging the bounds of Carolina, viz. from twenty nine degrees of North Latitude to thirty six degrees thirty minutes, and from those points on the Sea Coast, West in a direct line to the South Seas. That seven of the said Proprietors of Carolina, sold and surrendered to George the Second, late King of Great Britain, all their title and interest in the said province; and the share of the remaining Proprietor was separated from the King's, and allotted to him in the north part of North Carolina. That Carolina was afterwards divided into two Provinces called North and South Carolina. That by a Charter dated the ninth day of June, one thousand seven hundred and thirty two, George the Second, King of Great Britain, granted to certain persons therein named, all the Lands lying between the rivers Savannah and Alatamaha, and between lines to be drawn from the heads of those rivers respectively to the South Sea, and stiled the said Colony Georgia. That by the Treaty of peace, concluded at Paris, on the tenth day of February, one thousand seven hundred and sixty three, the River Mississippi was declared to be the Western boundary of the North American Colonies. That the Governor of South Carolina, in the year one thousand seven hundred and sixty two, conceiving that the Land to the Southward of the Alatamaha still belonged to South Carolina, granted several tracts of the said Land. That the government of Georgia complained to the King of Great Britain respecting those grants, as being for Land within its limits, and thereupon his Majesty, by proclamation dated the seventh day of October, one thousand seven hundred and sixty three, annexed to Georgia all the Lands lying between the Rivers Alatamaha and St. Mary, the validity of the grants passed by the Governor of South Carolina, as aforesaid, remaining however acknowledged and uncontested, and the Grantees of the said Land, or their Representatives, still holding
Page 410 | Page image
it as their legal Estate. That South Carolina claims the Lands lying between the North Carolina line, and a line to be run due West from the mouth of Tugoloo River to the Mississippi, because, as the said State contends, the River Savannah loses that name at the Confluence of Tugoloo and Keowee Rivers, consequently that spot is the head of Savannah River; the State of Georgia, on the other hand, contends, that the source of Keowee River is to be considered as the head of Savannah River. That the State of South Carolina also claims all the Lands lying between a line to be drawn from the head of the River St. Mary, the head of Alatamaha, the Mississippi and Florida, being, as the said State contends, within the limits of its Charter, and not annexed to Georgia by the said proclamation of one thousand seven hundred and sixty three; the State of Georgia, on the other hand, contends, that the tract of Country, last mentioned, is a part of that State. Therefore and inasmuch as the United States in Congress assembled, are the last resort, on appeal, in all disputes and differences between two or more States concerning boundary, the Legislature of South Carolina pray for a hearing and determination of the difference and dispute subsisting as aforesaid, between Georgia and this State, agreeable to the Articles of Confederation and perpetual Union, between the United States of America. In the Senate House, this twenty fourth day of March, in the year of our Lord one thousand seven hundred and Eighty five, and in the Ninth year of the Independence of the United States of America.
1And that the second Monday of May next is assigned for the appearance of the said states of South Carolina and Georgia, by their lawful agents, to proceed in the premises as by the said Articles of Confederation and perpetual Union is directed.
[Note 1: 1 At this point Thomson resumes the recording of the Journal.]
By Order of Congress,Charles Thomson, Secretary.2
[Note 2: 2 See ante, May 13 and 17.]
The Comee. [Mr. John Beatty, Mr. William Henry and Mr. Joseph Platt Cook] to whom was referred the letter from Geo: Morgan of the 20th of May, 1785, relative to the Indian youth under his care report
That they find from the Information of Mr. Morgan that Thos. Killbuck and Jno. Killbuck are desirous of returning to their Country being of the Delaware Tribe of Indians. That for some time past they have not been attentive to the advice and Instruction made thereof for their Improvement; but either have been wholly Idle, or
Page 411 | Page image
Employed in some branches of Mechanic Arts, which can avail them but little on their return among their Countrymen. That John Killbuck hath intermarried with a servant maid in Mr. Morgan's Family, whereby a Considerable additional Expence is incurred in the Maintenance of his wife and child. That under this State of Facts in the opinion of your Comee. they ought to be permitted to return and that the Corers. who axe about to hold a Treaty in the Western Territory, should be requested to take charge of and Cause them to be delivered to the Tribe to which they belong--wherefore your Comee. submit the following resolution--
Resolved, That Mr. Morgan be directed to deliver to any one or more of the Commissioners appointed to negotiate a Treaty with the Indians at Fort Vincent in June next, Thomas Killbuck and Jno. Killbuck, two Indian youth of the Delaware Tribe, who were put under his care in the year 1779. That he furnish them with such necessary articles of cloathing as may be proper for them and that the Commissioners be directed to cause them to be delivered up to the Tribe of which they are Natives.
Resolved, That the accounts Exhibited by Mr. Morgan for Cloathing & Board to the Indians put under his Care, be referred to the Board of Treasury for Liquidation and payment
Resolved, That Mr. Morgan be impowered and requested to continue the care and direction of Geo: White Eyes for one Year and that the Board of Treasury take order for furnishing Mr. Morgan with Money necessary to carry the views of Congress in this respect into Effect.1
[Note 1: 1 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, IV, folio 133. According to the indorsement it was read this day and passed June 20.]
The Committee of the week [Mr. Charles Pettit, Mr. John Lawrance and Mr. John Kean] to whom were referred the letter from Col. Humphreys of the 18th of March last, and its enclosures relative to the procuring of the honorary presents which have been directed to be given to different officers during the late war, Report.
That the principal object of the said letter seems to have been to convey information of the measures which had been taken towards procuring the said honorary presents. That the description of medals for Genl. Morgan &c. was not in the style and manner in which such medals were usually executed, and that the execution of them had therefore been suspended until the pleasure of Congress should be
Page 412 | Page image
known whether the performance should be exactly in the manner prescribed; and that, if they are to be executed in the manner originally proposed, it will be necessary for Col. Humphreys to have more particular information of the numbers on both Sides of the killed, wounded prisoners, trophies &c. which the enemy lost in the action of the Cowpens.
That your Committee do not deem it expedient to suggest any alteration in the directions which have been given for procuring the said Medals; they therefore recommend that the said letter and its inclosures be referred to the Secretary at war to take order respecting the information necessary to be given to Col. Humphreys.1
[Note 1: 1 This report, in the writing of Charles Pettit, is in the Papers of the Continental Congress, No. 32, folio 587. It is undated. Despatch Book No. 185 shows that it was received June 1. The indorsement states that the letter was referred June 13 to the Secretary at War to take order.]
The Committee consisting of Mr [William] Houstoun, Mr [David] Howell, Mr [William] Hindman, Mr [William] Grayson, and Mr [William Ellery, to whom was referred a report on the subject of reprinting the Journal and with what additions,
Are of opinion that the whole of the journals ought to be reprinted and published, and that such part of the secret Journals as are marked for that purpose by the Committee and which have not heretofore been printed and published be incorporated in their order agreeably to their dates. They are further of opinion that the Secretary of Congress be directed to give the most public notice to the different printers in the respective States, requesting them to propose the terms upon which they will print and publish the journals in Quarto and at the same time transmit samples of their performances.2
[Note 2: 2 This report, in the writing of William Hindman, is in the Papers of the Continental Congress, No. 23, folio 281. The indorsement states that it was read this day and "referred to the Secretary of Congress to take order." See post, January 30, 1786.
On this day, as the indorsement states, was read a petition of Absalom Martin praying to be appointed a surveyor. It is in No. 42, V, folio 325.
Also, a letter of William Morris, dated May 30, accepting appointment as surveyor. It is in No. 55, folio 157.
Also, a letter of May 20 from Thomas Cushing, Governor of Massachusetts, relative to the apprehension of counterfeiters. It is in No. 65, II, folio 261.]
The Committee [Mr. John Lawrence, Mr. William Ellery and Mr. Abiel Foster] to whom was referred the Petition of Thomas Walcut setting forth his having served in the Capacity of a Steward and Wardmaster in a Hospital established at Boston from 18th March
Page 413 | Page image
1778 to 1st August 1782, and praying Compensation for the Service he rendered as Ward Master.
Report, That from the Certificates of John Warren, late Hospital Surgeon and Physician to the Hospital at Boston, from E. Willard late Surgeon and Abijah Cheever late Surgeons Mate, in the said Hospital it appears that the said Thomas Walcut did the Duty of Steward and Ward Master in the said Hospital from March 18, 1778, to August 1, 1782, with attention and Fidelity. That he discharged the Duties under an infirm state of Health; and was exposed to disorders of the most malignant Kind; and that he has received no Compensation for the service rendered as Ward Master. They therefore submit the following Resolution--
Resolved, That the Commissioner for settling the Accounts of Persons who served in the Hospital Department during the late war be authorized to allow the said Thomas Walcut at the Rate of Ten Dollars per month as a Compensation for the time he served as Ward Master in the Hospital at Boston.1
[Note 1: 1 This report, in the writing of John Lawrance, is in the Papers of the Continental Congress, No. 19, VI, folio 135. It is indorsed by Thomson: "Entd. read June 1 1785. Entd. read July 8, 1785 passed." The report was read June 1 and recommitted on June 3; it was, apparently, again submitted without change on July 8. See post, September 28,]
The Committee consisting of Mr [Charles] Pinckney, Mr R[obert] R. Livingston, Mr [Rufus] King, Mr [James] Monroe, and Mr [William Samuel] Johnson to whom were referred a letter of theof December from the Hon. Cyrus Griffin and John Lowell Esqrs. Judges of the Court of appeals and a motion of Mr [David] Howell--to whom also were referred the petitions of Joseph Ellis praying a reheating in the case of the sloop Hannah condemned in the Court of the Admiralty in the State of New Jersey, a reversal of which decree was obtained before the judges of appeal together with the Report of the Secretary of foreign affairs in the case between Daniel Darby qui tam appellant and the imperial Brig Ersten and her Cargo Pd Thomson Master &c. and to whom also was referred the Memorial and petition of George Meade as attorney to Thomas Lake, W. C. Lake and Richard Lake, subjects of his Britannick Majesty respecting the condemnation of the Brigantine Hope and her Cargo in the Court of Admiralty in the State of Connecticut, stating the reasons of their appeal not being lodged in time and praying relief, Report,
That in the opinion of your Committee the present Judges of the Court of appeals must be still considered as in Commission, no information having been communicated to Congress of their intention
Page 414 | Page image
to resign, and that it will be necessary the court of appeals should remain upon their present establishment except with respect to the salaries of the Judges which should cease from theday ofand that in lieu thereof they shall be entitled todollars per day during the tune they shall attend the sitting of the Courts and including the time they shall be necessarily employed in travelling to and from the said courts.
That the present judges should be acquainted with the determination of Congress upon this subject.
That with respect to the cases of the sloop Hannah and the Imperial Brigantine Ersten, your Committee beg leave to recommend that it be resolved.
That the Court of appeals be authorized in these and every other cause before them to grant rehearings, or new trials of the same, whenever justice and right may in their opinion require it provided that such rehearing is
provided, also, that an order for a rehearing shall in no instance suspend the execution of the first sentence, if the party in whose favor it may be shall give satisfactory security for the payment of such costs and damages as the court on rehearing the cause and reversing the decree may think proper to award.
That with respect to the case of the Brig Hope as it appears by affidavits accompanying the Memorial of the owners, that the reason alledged by them why the appeal was not lodged with the Register within the time prescribed by the resolution of Congress was in consequence of an agreement between the libellants and respondents stated in their Memorial, and attested by S. H. Parsons Esq. your Committee are of opinion that the judges of the Court of appeals be directed to inquire into the reasons which prevented the appeal being lodged in time and if it shall appear to them upon investigation, that it was not owing to the neglect or default of the Said T. Lake, W. C. Lake, and R. Lake or their attorney that the said appeal was not lodged, but to the agreement of the parties to suspend any farther proceedings until it could be known whether any explanation of that article of the treaty which respected this particular case should be made between the two Powers or otherwise settled and determined that in this case the said judges be and they are hereby empowered to receive said appeal and to rehear and determine the said cause, any Resolution of Congress to the contrary notwithstanding.1
[Note 1: 1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 28, folios 205--209. The indorsement states that it was read on this day and Tuesday June 8 assigned for consideration.]
Page 415 | Page image
The Committee of the Week [Mr. Charles Pettit, Mr. John Lawrance, and Mr. John Kean] to whom was referred a Paper entitled, "The Petition of the Roman Catholic Inhabitants of the City of New York," Report--
That on examining the said Paper it does not appear to have been signed, nor in any manner authenticated so as to ascertain it to be the Act of the said Roman Catholicks or the act of any person or persons by them authorized.
That the said Paper, tho' stiled a Petition does not contain any prayer requiring an Answer from Congress in their Collective Capacity nor could any prayer, arising from the facts stated in the said paper, be properly addressed to Congress. Matters of this kind being more proper in the opinion of your Committee for the consideration of the State in which the Petitioners may reside.1
[Note 1: 1 This report, in the writing of Charles Pettit, is in the Papers of the Contntinea Congress, No. 32, folio 531. According to Despatch Book No. 185, it requested financial aid in building a church and was presented to Congress June 1.
June 1: The following committees were appointed:
Mr. [David] Howell, Mr. [William] Grayson, Mr. [James] McHenry, Mr. [Charles] Pettit and Mr. [Rufus] King, on Col. Josiah Harmar's letter of April 21 (Thomson noted it as dated May 1) on steps necessary to be taken to dispossess squatters on lands west of the Ohio. Harmar's letter, which is in the Papers of the Continental Congress, No. 163, folio 426, was read this day and the committee reported June 20, but the report was not read until June 21.
Mr. [John] Lawrance, Mr. [David] Howell and Mr. [Rufus] King on the memorial of Captain Christopher Miller for sea letters. A report was made June 2. Miller's memorial, dated June 1, is in No. 41, VI, folio 405.
Mr. [Charles] Pinckney, Mr. [David] Howell and Mr. [John] Lawrance, on the report on the memorial of Donald Campbell and a new memorial from him dated June 1. Report was made June 4. The June 1 memorial is in No. 41, II, folio 396.
Mr. [David] Howell, Mr. [Samuel] Holten and Mr. [John] Beatty, on memorial of Col. J. G. Diricks, dated June 1, praying payment of his loan office certificates. Report was made June 4. Diricks' memorial is in No. 41, II, 531, and the letter from him forwarding the memorial is in No. 78, VIII, folio 135.
Committee Book No. 190.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |