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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 --SATURDAY, APRIL 23, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, New York, Pensylvania, Delaware, Maryland, Virginia and North Carolina; and from the state of Connecticut, Mr. [William Samuel] Johnson; from South Carolina, Mr. [Charles] Pinckney, and from Georgia, Mr. [William] Houstoun.
On motion of Mr. [David] Howell, seconded by Mr. [William] Ellery,
Resolved, That the Oaths required by the Secretary at War, may be taken before any executive officer one of the Judges of the Supreme Court in the State of New York
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duly qualified to administer oaths any thing in an Ordinance passed on the 27th day of January, 1785, notwithstanding.1
[Note 1: 1 The motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 417. The words lined out so appear in the motion and not in the Journal.
On folio 37 of No. 36, III, is a record of a vote as follows: "2d. Amendment 4th Parag.{table}
It relates to these proceedings.]
Congress resumed the consideration of the Ordinance under debate yesterday: The following part of the Ordinance being under debate: "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, including interest, besides the expence of the survey, and other charges thereon, which are hereby rated at forty nine dollars the Township, in specie or Certificates as aforesaid, and so in the same proportion for a fractional part thereof."
It was moved by Mr. [James] McHenry, seconded by Mr. [Melancton] Smith, to amend the same by inserting the word "half," between the words "one" and "dollar;" so that "it read one-half dollar the acre."
And on the question to agree to this amendment, the yeas and nays being required by Mr. McHenry,
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{table}
So the question was lost.
The following paragraph in the Ordinance being under debate: "There shall be reserved the central Section of every Township, for the maintenance of public Schools; and the Section immediately adjoining the same to the northward, for the support of religion. The 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." A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [William] Grayson, to amend the paragraph by striking out these words, "for the support of religion;" and in their place to insert, "for religious and charitable uses." On which it was moved by Mr. [William] Ellery, seconded by Mr. [Melancton] Smith, to amend the amendment by striking out the words "religious and," so that it read "for charitable uses."1
[Note 1: 1 A record of this proceeding on the Pinckney amendment, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, III, folio 33.]
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And on the question, shall the words moved to be struck out of the amendment, stand? the yeas and nays being required by Mr. [Charles] Pinckney,
{table}
[Note 1: 1 The vote is also in the Papers of the Continental Congress, No. 36, III, folio 39.]
So the question was lost, and the words were struck out.
And thereupon, the motion of Mr. [Charles] Pinckney for the amendment was withdrawn.
A motion was then made by Mr. [William] Ellery, seconded by Mr. [Melancton] Smith, to strike out the following words in the foregoing paragraph: "and the section immediately adjoining the same to the northward, for the support of religion, the 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." A division of the motion was called for by Mr. [Rufus] King: And on the question, shall the former part stand? namely, "and the section immediately adjoining the same to the northward, for the support of religion." The yeas and nays being required by Mr. [Melancton] Smith and Mr. [Rufus] King,
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{table}
So the question was lost, and the words were struck out.
A motion was then made by [Mr. Melancton] Smith to strike out the following words "and the section to religion."
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Words are struck out.1
[Note 1: 1 This record, in the writing of a clerk, is in the Papers of the Continental Congress, No. 36, III, folio 35.]
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A motion was made by Mr. [William Samuel] Johnson, seconded by Mr. [Rufus] King, farther to amend the paragraph by inserting after the word "Schools," the following words, "And the Sections immediately adjoining the same to the northward, for charitable uses;" so that the paragraph read thus; "There shall be reserved the central Section of every Township, for the maintenance of public Schools; and the section immediately adjoining the same to the northward, for charitable uses."1
[Note 1: 1 The portion of this motion in brackets, in the writing of William Samuel Johnson, is in the Papers of the Continental Congress, No. 36, III, folio 29. It is noted as a motion of Johnson [seconded by] Ellery. On folio 41 is the following in Johnson's writing: "And the section immediately adjoining the same to the Northward for any such other public purposes as a majority of the inhabitants free male residents of full age within the same shall from time to time direct."
The vote on this amendment omits South Carolina, and is in the Papers of the Continental Congress, No. 36, III, folio 43.]
And on the question to agree to this amendment, the yeas and nays being required by Mr. [William Samuel] Johnson,
{table}
So the question was lost.
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