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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 19, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, and North Carolina; and from the state of South Carolina, Mr. [John] Bull; and
The Committee of the Week [Mr. Pierse Long, Mr. William Houstoun and Mr. John Vining] to whom was referred a report of J. Pennell, Commissioner for settling Marine accounts, upon the application of Captain Seth Harding, having reported as follows:
That as Joseph Pennell, Esq., has repeatedly informed Captain Seth Harding if he would furnish him the necessary vouchers to his account he would take it up for a final settlement, and he still withholds the same, the Committee are therefore of opinion, that no payments can be made him with propriety until his accounts are adjusted.
That the petition of Captain Dennis Leary lay on file.1
[Note 1: 1 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress, No. 19, III, folio 55. The unlined words so appear in the report but not in the Journal.]
A motion was made to postpone the said report and on the question to agree to this, the yeas and nays being required by Mr. Williamson,
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So the question was lost.1
[Note 1: 1 The vote is also entered in the Papers of the Continental Congress, No. 19, III, folio 61.]
A motion was made by Mr. Ellery, seconded by Mr. Howell, to amend the report by striking out the word "payments" and in lieu thereof to insert the words "future allowance" and on the question to agree to the amendment, the yeas and nays were required by Mr. Williamson.
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So the question was lost.2
[Note 2: 2 The vote, with a note of Ellery's motion, is also entered in the Papers of the Continental Congress, No. 19, III, folio 61.]
On motion of Mr. Williamson, seconded by Mr. Ellery,
Ordered, That the further consideration of the report be postponed.
A motion was made by Mr. [David] Howell, seconded by Mr. [Rufus] King, as follows:
The Delegates for Massachusetts having proceeded to execute the deed of Cession mentioned in the resolution of yesterday, in the words following, viz.
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To all who shall see these Presents, We, Samuel Holten and Rufus King, the underwritten Delegates for the Commonwealth of Massachusetts, in the Congress of the United States of America, send Greeting:
1Whereas the general Court of Massachusetts, on the thirteenth day of November, in the year of our Lord one thousand seven hundred and eighty four, passed an Act, entitled "An Act empowering the Delegates of this Commonwealth in the United States in Congress assembled, to relinquish to the United States certain lands the property of this Commonwealth," in the words following: "Whereas several of the States in the Union have at present no interest in the great and extensive tracts of uncultivated country, lying in the westerly part of the United States; and it may be reasonable that the States above mentioned should be interested in the aforesaid Country: Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, that the Delegates of this Commonwealth in the United States in Congress assembled, or any three of the said Delegates, be, and they hereby are authorized and empowered for and in behalf of this Commonwealth, to Cede or relinquish, by authentic conveyance or conveyances, to the United States, to be disposed of for the common benefit of the same, agreeably to a resolve of Congress of October the tenth, one thousand seven hundred and eighty, such part of that tract of Land belonging to this Commonwealth, which lies between the river Hudson and Mississippi, as they may think proper, and to make the said Cession in such manner and on such conditions as shall appear to them to be the most suitable." And whereas the said general Court, on the seventeenth day of March, in the year of our Lord one thousand seven hundred and eighty-five, passed one other Act, entitled "An Act in addition to an Act, entitled An Act empowering the Delegates of this Commonwealth in the United States in Congress assembled, to relinquish to the United States, certain Lands the property of this Commonwealth," in the words following: "Whereas by the Act aforesaid, three Delegates representing this State in Congress, are necessary to make the Cession aforesaid, and it may be Necessary that the said business should be performed by a less number of the said Delegates. Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority
[Note 1: 1 From this point the entries are in the handwriting. of Henry Remsen Jr.]
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of the same, that any two Delegates representing this Commonwealth in Congress, be, and hereby are authorized and empowered to do and perform all matters and things which by the Act aforesaid might be done and performed by any three Delegates as aforesaid, any thing in the aforesaid Act notwithstanding." And whereas the said General Court on the seventeenth day of June, in the aforesaid year of our Lord one thousand seven hundred and eighty-four, did nominate and appoint the aforesaid Samuel Holten, and on the third day of November following, the aforesaid Rufus King, Delegates to represent the said Commonwealth of Massachusetts in the Congress of the United States of America, for one year, from the first Monday of November in the said year one thousand seven hundred and eighty four, which appointment remains in full force. Now therefore, know ye, that we, the said Samuel Holten and Rufus King, by virtue of the power and authority to us committed by the said Acts of the general Court of Massachusetts before recited, in the Name, and for and on behalf of the said Commonwealth of Massachusetts, do by these presents, assign, transfer, quit claim, cede and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title and estate of and in as well the soil as the Jurisdiction, which the said Commonwealth hath to the Territory or tract of Country within the limits of the Massachusetts Charter, Situate and lying west of the following line: That is to say, a meridian line to be drawn from the forty-fifth degree of North Latitude, through the westerly bent or inclination of lake Ontario, thence by the said meridian line, to the most Southerly side line of the territory contained in the Massachusetts Charter, but if, on experiment, the above described meridian line, shall not comprehend twenty miles due west, from the most westerly bent or inclination of the river or Strait of Niagara, then we do by these presents, by Virtue of the power and authority aforesaid, in the Name and on behalf of the said Commonwealth of Massachusetts, transfer, quit claim, cede and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title and estate, of and in as well the soil as the Jurisdiction, which the said Commonwealth hath to the Territory or tract of Country within the limits of the Massachusetts Charter, Situate and lying west of the following line: That is to say, a meridian line to be drawn from the forty-fifth degree of North Latitude, through a point twenty miles due west from the most westerly bent or inclination of the river or Strait of Niagara; thence by the said meridian line to the most
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Southerly side line of the Territory, contained in the Massachusetts Charter aforesaid, for the purposes in the said recited Acts declared, and to the uses in a Resolve of Congress, of the tenth day of October, one thousand seven hundred and eighty, mentioned. In testimony whereof, we have hereunto subscribed our Names, and affixed our Seals in Congress, this Nineteenth day of April, in the year of our Lord one thousand seven hundred and eighty-five, and of the independence of the United States of America the Ninth."
1S. Holten,
Rufus King.
[Note 1: 1 At this point Benjamin Bankson resumed the entries in the Journal.]
Signed, sealed and delivered in the presence of
Benjamin Bankson, Jun. John Fisher, Robert Patton.
Resolved, That Congress accept said deed of Cession; and that the same be recorded and enrolled among the Acts of the United States in Congress assembled.2
[Note 2: 2 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 30, folio 611.]
On the question to agree to the foregoing resolution, the yeas and nays being required by Mr. Holten,
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So it was resolved in the affirmative.1
[Note 1: 1 On this day, according to Committee Book No. 190, the memorial of Udny Hay, praying payment of a bill of exchange "for 444¼ Dollars obtained for payment of monies advanc'd by him to A. Officers prisons. at Quebeck," was referred to the Board of Treasury to report.]
The Committee to whom was referred the Memorial of P. R. de Roussi formerly a Lieutenant Colonel in the Service of the United States who resigned his Commission on the 29th. of March 1780, and requests that he may be allowed depreciation of his pay, submit the following Resolve--That as depreciation of pay is not due to any officer who retired from service before the 10th. of April, 1780, and as Congress have frequently refused it to persons in like situation with Mr P. R. de Roussi the prayer of his memorial cannot be granted.2
[Note 2: 2 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, V, folio 253. The indorsement states that it was read this day, and referred to the Paymaster General to report. He reported August 10. See post, August 8 and August 15.]
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