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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, APRIL 12, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Maryland, Virginia and South Carolina; and from the state of Pensylvania, Mr. W[illiam] Henry; from Delaware, Mr. [Gunning] Bedford; from North Carolina, Mr. [Hugh] Williamson, and from Georgia, Mr. [William] Houstoun.
On the report of a committee, consisting of Mr. [David] Howell, Mr. [Hugh] Williamson, Mr. [Samuel] Hardy, Mr. [Lambert] Cadwallader and Mr. [Rufus] King, to whom was referred a memorial of R. Howe, esq. late a major general in the army of the United States,
Resolved (by nine States), That the pay master general be authorized and directed to settle with the late major general Robert Howe, for the depreciation of his pay, on the principles of the resolution of the 7th day of September, 1780.
Resolved (by nine States), That the Commissioners of the treasury be, and they are hereby authorized and directed to advance to the late major general R. Howe, the sum of seven thousand dollars, for which sum his account is to be debited.
On the report of a committee, consisting of Mr. [James] Monroe, Mr. [William Samuel] Johnson, Mr. R. R. Livingston, Mr. [Rufus] King, Mr. [John] Beatty, Mr. J[ohn] Henry and Mr. [Gunning] Bedford,
Resolved, That the non commissioned Officers and privates to be raised by the resolution of the seventh day of the present month April, be furnished by the states hereinafter mentioned, in the following proportions:
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That the following commissioned Officers be furnished by the said States, for the said troops, in the following proportions:
One lieutenant colonel from Pennsylvania.
Two majors, one from Connecticut, and one from New York, each to command a company.
Eight captains, ten lieutenants, one to act as adjutant, one as quarter master, and one as pay master. Ten ensigns, one surgeon and four mates, to be furnished by the said States in proportion to the number of privates which they respectively furnish.
That the pay of the lieutenant colonel be 50 dollars per month; that of the Major, 45 do; Captain, 35; lieutenant, 26; Ensign, 20; Serjeant, 6; Corporal, 5; Drum, 5; Fife, 5; private, 4; Surgeon, 45; Mate, 30.
That the lieutenants acting as adjutant, quarter master and pay master, shall receive, in consideration of the said extra duty, each 10 dollars per month.
That each Officer and soldier shall receive one month's pay after they are embodied, before their march.
That the Secretary at War be directed to form the said troops when raised into one regiment, consisting of eight companies of infantry, and two of artillery, to appoint their places of rendezvous, direct their subsequent operations, and make all other inferior necessary arrangements not herein particularly mentioned, subject to the Order of Congress, and of the Committee of the States in the recess of Congress; and That the Commissioners of the treasury be instructed to furnish on his warrant, the sums necessary for carrying the same into effect.
That the said troops when embodied, on their march, on duty, or in garrison, shall be subject to all the rules and regulations formed for the government of the late army, or such other rules as Congress or a Committee of the States may form.
That the Secretary at War ascertain the necessary clothing and rations proper for the troops, and report the same to Congress.
That the Commissioners of the treasury contract for the supply of rations at such places and in such quantities as the Secretary at War shall judge necessary.1
[Note 1: 1 This report, in the writing of James Monroe, except the last two paragraphs which are in the writing of Robert R. Livingston, is in the Papers of the Continental Congress No. 30, folios 395, 399 and 403.]
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On the report of a committee, consisting of Mr. [Jacob] Read, Mr. [Elbridge] Gerry and Mr. [Charles] Pinckney, to whom was referred a letter of the 29 January, from the Secretary for foreign Affairs,
Resolved, That the act of Congress of the 1st March, 1782, authorizing the Secretary for foreign Affairs, to appoint two under secretaries, be, and it is hereby repealed; and that so much of the act of the 22 February, 1782, as was repealed by the said act of the first of March, 1782, be, and it is hereby declared to be of full force and effect, and so construed and taken from the first day of March, 1784.
On the report of a committee, consisting of Mr. Howell, Mr. Beatty and Mr. Grayson, to whom was referred a memorial of Michael Connolly,
Resolved, That any State which shall have settled with and paid the officers or privates of their late lines in the army of United States on the principles of the resolution of June 1st, 1784, relative to the proof of claims to be admitted by the pay master general, shall be empowered to charge such payments to the United States; provided that such payments shall appear to have been made for services which shall not have been settled for by the paymaster general.
The Committee [Mr. David Howell, Mr. John Beatty and Mr. William Grayson] to whom was referred the memorial of Michael Conolly, Agent for the Troops of the State of New York, dated New York April 5, 1785, beg leave to report the following resolution,
Resolved, That the commissioners appointed by the State of New York to settle and liquidate the pay of the troops of that state in the service of the United States from the 1st of August, 1780 to the 1st January 1782 be and they are hereby authorised to settle and liquidate said claims for pay agreeably to the principles of the resolutions of the 1st day of June 1784
Resolved, That the Commissioners appointed by the State of New York to settle and liquidate the pay of the troops of that State in the service of the United States from the 1st Aug., 1780, to the 1st
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January, 1782, be and they are hereby authorised to settle and liquidate said claims for pay agreeably to the principles of the resolution of June 1, 1784, provided that it shall appear to said Commissoners that said troops shall not have been settled with for said time or any part thereof by the Pay Master General1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, I, folio 595. The indorsement states that it was read this day. It was recommitted and, apparently, again reported on this same day. See post, April 13.]
The Committee to whom was recommitted their report on the memorial of Michael Conolly Agent for the troops of the State of New York, dated New York April 5 1785, and a motion of Mr. Williamson relative thereto--beg leave to report the following resolution--
Resolved, that any State, which shall have settled with and paid the officers, or privates of their late lines in the Army of the U. States on the principles of the resolution of June 1st 1784, relative to the proofs of claims to be admitted by the P. M. General, shall be empowered to charge such payments to the U. States. Provided that such payments shall appear to have been made for services, which shall not have been settled for by the P. M. General2
[Note 2: 2 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, I, folio 591. According to the indorsement, it was read this day and passed April 13.]
[Motion of Mr. Hugh Williamson]
That the state of New York [or] any other state shall obtain a Credit for whatever sums of Money she has paid or may pay to the late Line of her Army, having caused the Accounts of the Troops to be settled according to the Rules laid down for the P. M. Gl. in settling the Army Accounts and in Cases where the Troops are not settled with for the same Service by the U. S.3
[Note 3: 3 This motion, undated, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, I, folio 593.]
The Committee, consisting of Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [James] M'Henry, to whom was referred a petition of Samuel Parsons, report,
That Congress, upon the 2d of July, 1782, having resolved on the application of Mr. Samuel Parsons, that the business to be done in Martinique, did not require the services of any
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person holding a public character, and Mr. Parsons never having received any appointment from Congress, his claims for Salary or other pay as their agent cannot be admitted. The Committee further report, that they do not find that the attendence of Mr. Parsons, to obtain the settlement of his accounts, was necessary, nor that Congress have at any time required such attendance, and are therefore of opinion, that no allowance can be made for his expenses on that business. That with respect to the balance that is due to Mr. Samuel Parsons, they are of opinion that the board of treasury be instructed to take order for the payment of the same, as soon as the situation of the finances will admit. Whereupon,
Resolved, That Congress agree to the said report.
On the report of a committee, consisting of Mr. [Gunning] Bedford, Mr. [William] Grayson and Mr. [Rufus] King, to whom was referred a letter of 5 April, from Mr. W. Duer,
Resolved, That the sum of three thousand dollars ordered to be advanced to Mr. Duer, by the resolve of Congress of the 18 of February last, be deducted from the amount of issues for the two last months of his contracts, the former resolve of the 18th February, to the contrary notwithstanding.
[Report of the committee consisting of Mr. Pierse Long, Mr. Rufus King, Mr. David Howell, Mr. William Samuel Johnson, Mr. R. R. Livingston, Mr. Archibald Stewart, Mr. Joseph Gardner, Mr. John Henry, Mr. William Grayson, Mr. Hugh Williamson, Mr. John Bull and Mr. William Houstoun.]
An Ordnance for ascertaining the mode of disposing of lands in the Western territory.
Be it ordained by the United States in Congress assembled that the territory ceded by individual States to the United States which has been purchas'd of the Indian inhabitants, shall be dispos'd of in the following manner:
Thirteen or more surveyors shall be appointed by the Geographer of the United States who shall be approved of by Congress and who shall
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enter into bond with good security, the sufficiency of which shall be determined by the said Geographer conditioned for the faithful discharge of their duty respectively [Congress who shall take an Oath for the faithful Discharge of their Duty to be administered by the Geographer who is hereby impowered to administer the same] and if any surveyor being [appointed shall be unable to act from any cause whatever as afsd. shall decline or become incapable to discharge his Duty] the Geographer shall appoint another in his place.
The Geographer (under whose direction the said surveyors shall act) shall form such regulations for their conduct as he shall deem necessary, and shall have authority to suspend them from Office until Congress shall be informed thereof to direct the proper inquirys [for misconduct in Office and shall make Report of the same to Congress.]
The Surveyors shall proceed to divide the said territorys into townships of seven miles square, by lines running due North and South and others crossing these at right angles, unless where the boundaries of the late Indian purchase may render the same impracticable, and then departing from this instruction Rule no farther than such particular circumstances may require.
The Geographer shall be alloweddollars p annum for his salary.
There shall be allowed for the surveying of every township dollars, including the wages of chain carriers, markers and every other expense and so in proportion for a part of a township.
The first Line running North and South as aforesaid shall begin on the Ohio, at a point that shall be found to be due North from the termination of a line which has been run as the Southern boundary of the State of Pennsylvania, and the first line running East and West shall begin at the same point, and shall extend throughout the whole territory. The Geographer shall designate the Townships or parts of townships by numbers progressively from South to North, always beginning each Range with No. 1 [and the Ranges shall be distinguished by their progressive numbers to the Westward, the first Range extending from the Ohio to the Lake Erie, being marked No. 1.]
The lines shall be measured with a chain, shall be plainly marked by chops on the trees and exactly described on a plat whereon shall be noted at their proper distance all water courses, mountains and other remarkable and permanent things over or near which such lines shall pass.
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The Plats of the districts respectively shall be subdivided [as the Case may require] into sections of one mile square, or 640 acres, in the same direction as the external lines, and numbered from one to 49, always beginning the succeeding range of sections with the number next to that with which the preceeding one concluded and where from the causes before mentioned only a part of a township shall be surveyed, the sections protracted thereon shall bear the same numbers as if the Township had been intire [and those Sections shall be subdivided into Lots of 320 a.s.]
The Geographer and surveyors under his direction shall pay the utmost attention to the variation of the magnetic needle, and shall run and note all lines by the true meridian, certifying with every platt what was the variation at the times of running the lines thereon noted.
As soon as four ranges of townships and parts of townships in the direction from South to North shall have been survey'd, the Geographer shall transmit plats thereof to the Commrs. of the Treasury, who shall record the same with the report in well bound books to be kept for that purpose. The Secretary at War shall take by lot therefrom a number of townships and parts of townships equal to onepart of the whole for the use of the late Continental Army, to be applied in manner herein after directed. The Commrs. of the Treasury shall then cause the remaining numbers to be drawn for in the name of the thirteen states, according to such proportions as nearly as may be as are allotted in rating the Quotas of the different States [the Quotas in the last preceding Requisition on the States,] provided if more land than its Proportion is allotted for sale in any one individual state than a due proportion [State] at any one division a deduction be made therefor at the one next succeeding [division].
The Commrs shall transmit duplicates of the said original plats so drawn for, to the loan Officer of the individual States respectively, who after giving proper notice shall proceed to sell the same at public vendue, excepting only such townships and parts of townships as may be herein after particularly reserved provided that none of the lands within the said territory be sold under the price of one dollar the acre to be paid in specie or loan Office certificates reduced to specie value by the scale of depreciation or certificates of liquidated debts of the United States, besides the expence of the survey and other proceedings thereon, which are hereby rated at forty dollars the
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township in specie or certificates as aforesaid and so in the same proportion for a part thereof.
When any Township or part of a township shall have been sold as aforesaid and the money or Certificates recieved therefor, the loan Officer shall deliver a deed in the following terms:
To all whom these presents shall come greeting:
Know ye that for a valuable consideration [the consideration of]the United States of America have granted unto C. D. the Township or part of Township numberedto hold to the said C. D. his heirs and assigns for ever, subject nevertheless to such reservations as are contained in an ordinance bearing date the day ofin the year
In witness whereof the said A. B. loan Officer of the said State hath hereunto set his hand and affix'd the seal of his office thisday ofin the yearand of the independance of the United States thewhich deeds shall be recorded in proper books, & shall be certified to have been recorded previous to the delivery its being delivered to the purchasers.
The loan Officers respectively shall make returns to the Commrs. of the Treasury every three months of the sales of the townships or parts of townships committed to their charge with the persons' names to whom sold; and shall transmit all sums of money or certificates as aforesaid recieved for the same, which shall be duly entered in the books of the treasury.
If any township or part of township remains unsold for six months after the platt shall have been reciev'd by the loan Officer, the same shall be return'd to the Comm. of the Treasy. and shall be sold in such manner, as Congress may hereafter direct in which case the said Commrs. shall grant deeds for the same.
There shall be reserv'd for the United States out of every Township the four corner sections being numbered, and out of every part of a township so many sections of the same numbers as shall be found thereon.
Also onepart of all gold, silver, lead, Copper and Coal mines, and all salt licks and salt springs and a square of one hundred acres of land, of which the said salt lick or salt spring shall be the centre for the purpose of special sale at such times and places as Congress may hereafter direct.
There shall be reserv'd the Central section of every township for the maintenance of public schools and the lot [Section] immediately
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adjoining the same to the Northward, for the support of religion, the revenues [Profits] arising therefrom in both instances to be applied for ever according to the will of the majority of male residents of full age within the same. And whereas Congress by their resolutions of Sept. 16 and 18. in the year 1776, and the 12 of Aug., 1780, stipulated grants of land to the Officers and soldiers who had engaged or should engage in the service of the United States during the war and continue therein to the close of the same or until discharg'd by Congress and to the representatives of such Officers and soldiers as should be slain by the Enemy, in the following proportions to wit:
To a Majr. Genl. 1,100 acres; to a Brigr. 850. to a Colonel 450, to a Major 400--to a Capt. 300. to a Lieut. 200 to an Ensign 150--and to a non commd. Soldier 100. for complying therefore with such stipulation [engagements] be it ordained that the Secretary at War from the returns in his Office or such other sufft evidence as the nature of the case may require [admit] determine who are the objects of the above resolutions and the quantity of land to which such persons or their representatives are respectively intituled and shall cause the Townships or parts of townships hereinbefore reserv'd for the use of the late Continental Army to be drawn for in such manner as he shall deem expedient to answer the purpose of an impartial distribution.
He shall from time to time transmit certificates difficult of imitation to the loan officers of the different States to the lines of which the Military claimants respectively belong, specifying the name and rank of the party the terms of his engagement and time of his service and the division Brigade regiment or company to which he belong'd, the quantity of land he has a title to receive is intituled to, and the District Township out of which his portion is to be assigned taken.
The loan Officers shall execute deeds for such undivided moieties [Proportions] in manner and form herein before mentioned, varying only in such a degree as to make the same conformable to the Certificate from the Secretary at War.
Where any Military claimants of bounty [in Lands] shall not belong to the Line of any particular State similar certificates shall be sent to the Commrs. of the Treasury, who shall execute deeds to the parties for the same.
The Comrs. of the Treasury and loan Officers in the States shall within 12 months return receipts to the Secy. at War for all deeds which have been delivered, as also all the original deeds which remain
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in their hands for want of applicants which deeds so returned shall be preserv'd in the Office until the parties or their representatives require the same, [saving and confirming always to all Officers and Soldiers entitled to Lands on the Northern Side of the Ohio, by donation or Bounty from the Commonwealth of Virginia and to all Persons claiming under them all Rights to which they are so entitled by the Laws of the said State and the Acts of Congress accepting the Cession of Western Territory from the said State.]1
[Note 1: 1 This draft, in the writing of William Grayson, except the part in brackets which is in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 56, folios 451--465. It was read this day and April 14 assigned for consideration. See post May 20.]
[Motion of Delegates of Massachusetts.]
Whereas by the 9th. of the Articles of Confederation it is provided that the U. S. in Congress Assembled shall agree upon the number of land forces, and make requisitions from each state for its quota in proportion to the number of white inhabitants in such state, which requisition shall be binding; and thereupon the Legislature of each state shall appoint the Regimental Officers, raise the men and clothe, arm, and equip them in a soldier-like manner at the expence of the U. S. And whereas the requisitions made by Congress during the late war were generally quota-ed upon the states, upon principles arising from the particular situations of the states at various periods and these quota's not so fully complied with by some states as by others; and Whereas bounties and encouragements were given by the respective states, in addition to those given by Congress, and in consequence thereof, and of the unequal compliance of the several states, in raising their respective quotas, the expence of raising and keeping up a federal Army hath contrary to the federal provision, been unequally born by the respective states; and whereas the principles of the Confederation allow and justice requires, that said expence should be equalized according to the federal rule,
Resolved, That the sums paid, or contracted to be paid, by any state from the 19th. of April, 1775, to the end of the war, for raising or keeping up land forces, which were born on the rolls of the continental Army, shall, when reduced to specie by the scale of depreciation of such state be allowed in its account with the U. S. provided the bounties or sums to be so allowed shall not in any year exceed the
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average of the bounties paid by the several states to be ascertained in the manner hereafter directed.
Resolved, That it be recommended to the Supreme Executive of each state to report to Congress or to the committee of the states on or before the first Monday in November next, the average of the bounties paid in such state, for raising land forces for the Continental Army in each year during the late war specifying the average bounty paid, or contracted to be paid in every year for land forces, who were enlisted to serve during the war or for any shorter term.
And that from the reports made on the said first Monday of November, an estimate shall be formed of the average bounty which the several states shall be allowed to charge to the U. S. for the land forces by them respectively raised to serve during the war or for a shorter term as aforesaid.1
[Note 1: 1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, II, folio 541. The indorsement states that it was referred on this day to Mr. [David] Howell, Mr. [William Samuel] Johnson, Mr. [James] Monroe, Mr. [Hugh] Williamson Mr. J[ohn] Henry Mr. [William] Ellery, Mr. [John] Beatty Mr. [Samuel] Holten, Mr. [Abraham] Baldwin, Mr. [William] Cumming and Mr. [Melancton] Smith. Committee Book No. 190, gives the committee as Howell, Johnson, Monroe, Williamson, J. Henry and Ellery. Mr. [Samuel] Holten was added April 18.]
That a Committee be appointed to revise the regulations of the Treasury Department and to report an ordinance for its future regulation2
[Note 2: 2 This motion, in the writing of Benjamin Bankson, is in the Papers of the Continental Congress, No. 36, II, folio 547. The indorsement states that it was referred on this day to Mr. [David] Howell, Mr. [Hugh] Williamson, Mr. [Pierse] Long, Mr. [John] Haring, Mr. J[ohn] Henry. This was a renewal of the committee of January 17, which, on that date, was Howell, Williamson, Platt, Long and [James] McHenry. Committee Book No. 190 retains the names of Williamson and Hating and says that the committee was again renewed May 30.
On this day, according to Committee Book No. 190, the committee of February 10 on the memorial of Peter Landais, was renewed as Mr. [Rufus] King, Mr. [John] Beatty and Mr. [David] Howell. A report was rendered April 18.
On this day, according to the indorsement, the report of the Secretary for Foreign Affairs, dated April 11, on the memorial of Pierre Rousille, was read and referred back to the Secretary for Foreign Affairs to take order. It is in No. 81, I, folio 195. Various other papers respecting this claim are in No. 137, Appendix, folios 417 et seq. See post, July 13, which indicates that the direction to the Secretary to take order was not given until this later date and that Thomson's indorsement was not entered upon the report until then.]
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