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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, MAY 3, 1785.
Congress assembled. Present as yesterday.
A motion was made by Mr. [William Samuel] Johnson seconded by Mr. [David] Howell, as follows:
Whereas it appears that General Wooster at the time of his entering into the service of the United States, held the Commission of a Captain in the service of his Britannic Majesty, and was actually on the half pay of that nation; and that, although it does not appear that he made any express stipulation for an indemnification therefor, yet as such indemnification has been in fact made to other officers under similar circumstances in the service of the United States;
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Resolved, That the Board of Treasury take order for paying to the legal representative of the late General Wooster the sum ofdollars in compensation for the sacrifice of the British half pay of a Captain to which he was entitled before he engaged in the American army.1
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 437.]
It was moved by Mr. [William Samuel] Johnson, seconded by Mr. [David] Howell, to commit the above motion, and on the question for committing, the yeas and nays being required by Mr. [Hugh] Williamson,
{table}
So the question was lost.2
[Note 2: 2 A marginal note directs that the record from the motion by Johnson to the end of the question, is "to be struck out" but the Journal is not crossed over as is usual in such instances.]
Congress resumed the consideration of the Ordinance for ascertaining the mode of disposing of Lands in the Western Territory.
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A motion was made by Mr. [William] Grayson, seconded by Mr. [James] Monroe, to amend the fourth section in the Ordinance [respecting the extent of townships]1 by striking out these words, "seven miles square;" and in their place to insert "six miles square."
[Note 1: 1 The words within brackets have been inserted by Thomson.]
And on the question to agree to this amendment, the yeas and nays being required by Mr. [David] Howell,
{table}
So the question was lost.
The surveyors shall proceed to divide the said territory into Districts of eight miles square by lines running due N. & S. 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 rule no farther than such particular circumstances may require. They shall again divide the said districts into townships of four miles square and those townships into quarters of two miles square, all which subdivisions shall be in the same direction as the lines of the district.2
[Note 2: 2 This motion, in the writing of William Grayson, is in the Papers of the Continental Congress, No. 36, III, folio 17.]
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A motion was made by Mr. [William] Grayson, seconded by Mr. [James] Monroe, to amend the twelfth section in the Ordinance [respecting the sale of lands,]1 by striking out these words, "or he may sell any Township by sections, provided he sells them in order of their number on the plat, and not otherwise, and that he does not offer a second Township for sale by sections, till the whole of the former is sold;" and insert, "he shall offer for sale every third Township so sent from the Treasury Board by sections of 640 acres, beginning with the lowest number in each range; provided that all the fractional parts of Townships shall be sold only by sections."
[Note 1: 1 The words in brackets were inserted by Thomson.]
either in entire districts, or such other enumerated proportions being not less than a section of 640 acres, as shall best advance the public interest and suit the convenience of purchasers provided that where any district shall be offered at public vendue, in fractional parts quarters of townships or sections that the whole shall be sold before any other district shall be exposed to sale in the same manner.2
[Note 2: 2 This motion, in the writing of William Grayson, is in the Papers of the Continental Congress, No. 36, III, folio 27.]
A motion was made by Mr. [James] Wilson, seconded by Mr. [John] Lawrance, to amend this amendment by striking out the word "third," and inserting "second," so that it read, "he shall offer for sale every second Township, &c."
And on the question to agree to the amendment of the amendment, the yeas and nays being required by Mr. [Charles] Pinckney,
{table}
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So the question was lost.
A division of the motion for amendment was then called for by Mr. [William] Ellery; and on the question to agree to the first part, namely, "he shall offer for sale every third Township so sent from the Treasury Board, by sections of 640 acres, beginning with the lowest number in each range," the yeas and nays being required by Mr. [John] Vining,
{table}
So the question was lost.
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The Committee [Mr. James Monroe, Mr. William Ellery and Mr. William Samuel Johnson] to whom was referred the letter of the Commissioners authorised to form Treaties with the Indian tribes, having conferred with the said Commissioners upon the subject of their letter, and the resolutions of 18th of March, directing a Treaty to be held at Post St Vincens on the -- day of June next report:
That from the statement of the Commissioners, effectually to carry the said Treaty into execution, there will be necessary for the purchase of goods in addition to those on hand and the sum voted by the resolutions of the 18th March last 3,000 dollars, for the support of the Commissioners, and others Necessarily attending the Treaty 2,000 dollars, and for the pay of the Officers, Messengers, interpreters and Artificers 2,000 dollars; that a sum will still be wanting, to pay for the transportation of the goods to the post at which the Treaty will be held, but that the amount cannot be precisely ascertained and must therefore be left with the board of Treasury.
That it is also Necessary a power should exist to control all circumstances which might arise to prevent or disturb the treaty; that this power should be vested in the Commissioners, and extend to the confinement of persons and seizure of property during the Treaty, as circumstances may require.
When they consider the very important interests which the States have in the Western Country, and the duties which have already devolved on them respecting it; your Committee take the liberty to suggest to Congress the propriety of turning the attention of the Commissioners during their residence there, to the following objects: As a friendly commercial intercourse between the Citizens of the United States, and the several Tribes of Indians must always be advantageous to both parties, the Committee propose, that as the Commissioners from their being on the ground will possess the Necessary knowledge for the purpose, that they be empowered to make such temporary regulations respecting the said trade, as they shall think expedient, to be in force until repealed, and report the same to Congress.
By the Act of Cession from the State of Virginia it is stipulated, "That the French and Canadian Inhabitants and other settlers of the Kaskaskies, St. Vincents, and other Neighbouring villages who have professed themselves Citizens of Virginia, shall have their possessions and Titles confirmed to them, and be protected in the enjoyment of their rights and liberties". To carry this into effect, it is necessary
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that the origin and extent of their rights be fully ascertained; and for this purpose the Committee propose that the Commissioners be instructed to obtain from them authentic documents thereof, and report the same to the board of Treasury. The State of Virginia having also relinquished her right of jurisdiction, and no government being as yet established over the said Inhabitants and settlers upon the principles of the resolutions of the 23d. of April 1784, they are of Course free from any express engagements or allegiance to the Union whatever. The Committee considering it as highly improper, that any body of Men should inhabit any part of the territory within the United States without acknowledging its authority; suggest that the Commissioners be instructed to administer to the said Inhabitants an Oath of allegiance or fidelity in the following form.
"Ido solemnly swear (or affirm) that I will be true and faithful to the United States of America; that I renounce all allegiance and dependence upon any foreign Prince or Potentate whatever, and that I will as becomes a good Citizen, as far as in me lies, protect and defend the said United States from all attacks and invasions from other powers."
That they advise and assist them in forming a temporary government upon the principles of said resolutions.
The Committee being informed from good authority that many people have crossed the Ohio, and settled upon the lands of the United States, are of Opinion that unless this is immediately discountenanced and measures taken effectually to prevent it in future, but little dependance may be put on those lands as a fund for the payment of the public debt, for this purpose they propose that the following proclamation be issued and published in the papers of every State, and that copies be furnished to the Commissioners for the purpose of publication in said Country--
"Whereas it hath been represented to the United States in Congress assembled, that several disorderly persons have crossed the river Ohio and settled upon their unappropriated lands;
And whereas it is their intention as soon as it shall be surveyed, to open Offices for the sale of a considerable part thereof, in such proportions and under such other regulations as may suit the convenience of all the Citizens of the said States, and others who may wish to become purchasers of the same, and as such conduct tends to defeat the object which they have in view, is in direct opposition to the Ordinances and resolutions of Congress, and highly disrespectful of
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the federal authority, they have therefore thought fit, and do hereby issue this their proclamation, strictly forbidding all such unwarrantable intrusions, and enjoining all those who have settled thereon, to depart with their families and effects without loss of time, as they shall answer the same at their peril.
Whereupon resolved,
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Neighbouring villages, a Statement of their rights to lands within the said Country, with the Origin and extent thereof, and report the same to the Board of Treasury. That they also administer to them the following oath of allegiance,
(Insert the Oath)
(Insert the proclamation)
That the instructions heretofore given to the Commissioners authorized to form treaties with the Indian tribes in the northern and middle departments, not hereby repealed, continue in full force, and that the secretary at war be and he is hereby directed to order the Troops in the Service of the U. S. to be in readiness to march at such tune and to such place or places as the said Commissioners or any two of them shall direct.1
[Note 1: 1 This report, in the writing of Henry Remsen, Jr., is in the Papers of the Continental Congress, No. 30, folio 263. According to indorsement it was read May 3 and Thursday, May 5, assigned for its consideration. On folio 279 is a broadside copy of this report, which was apparently printed between May 3 and May 5, on which Thomson has noted, in ink, the paragraphs passed and the changes made to bring it to the form in which it was passed on June 15. Paragraph No. 7 of this report is noted by Thomson as: "Referred to the committee on the ordinance for regulating the I. Trade." See post, June 15.
On this day, as the indorsement states, was read a petition of sundry persons residing on the western side of the Ohio, dated April 11 and praying to be allowed to retain possession of their lands. It is signed by over 175 persons and is in the Papers of the Continental Congress, No. 41, VII, folio 320.
Also a letter of May 2 from Robert Morris and Philemon Dickinson stating that John Brown, of Rhode Island, has not met them in New York and requesting instructions for carrying out the resolves of Congress of December 20 and the Ordinance of December 28, 1784, on selecting the permanent seat of Government and erecting public buildings thereon. The letter is in No. 137, appendix, 389.
Also a letter from Baron Steuben, dated May 3, praying immediate payment of the money voted him by the resolve of March 23. It was referred to Mr. [James] Monroe, Mr. [Hugh] Williamson and Mr. [David] Howell. Committee Book No. 190 states that Mr. [Rufus] King was substituted for Mr. Williamson and that the committee reported June 13. Steuben's letter is in the Papers of the Continental Congress, No. 164, folio 270.
Also, according to Committee Book No. 190, a letter of March 14 from Mary Wooster praying for payment of seven years' half-pay due her deceased husband, Brig. Gen. David Wooster, was this day referred to Mr. [William Samuel] Johnson, Mr. [David] Howell and Mr. [William] Grayson, who reported May 4. Mrs. Wooster's letter is in No. 78, XXIV, folio 511.]
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