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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 --FRIDAY, MAY 6, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, New York, Pennsylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of Rhode Island, Mr. [William] Ellery, and from Georgia, Mr. [William] Houstoun.
The committee, consisting of Mr. [Rufus] King, Mr. [David] Howell and Mr. [James] Monroe, to whom was referred a memorial of Augustus Provost, praying a compensation for sundry tracts of Land granted by the Six Nations of Indians to the late Col. Croghan, and which are now said to fall within the bounds of Pennsylvania, submit the following report:
That in the year 1768, the Six Nations of Indians at a public Treaty, made a deed of Cession to the King of Great Britain, of an extensive Country lying north-eastward of the river Ohio; that at the same time, the same Indians made another deed to the said King, for the use of the late Col. Croghan, of three tracts of land, containing about 200,000 acres, with a covenant therein, that, in case the said lands should fall within the Charter limits of Pennsylvania, the same might be made up to Col. Croghan from the lands then Ceded to the said King; that in the deed of Cession to the Crown, the lands ceded were charged to compensate the aforesaid Col. Croghan upon the contingency aforesaid.
The memorialist now represents, that the lands Ceded for the use of Col. Croghan, in fact fall within the limits of Pennsylvania, and prays the United States to compensate
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him as the lawful representative of the late Col. Croghan, for the loss of the same.
Upon this state of facts, the Committee observe, that granting that the deed of Cession of the Six Nations of Indians, charged the lands Ceded thereby to the Crown, to compensate the late Col. Croghan as aforesaid, and granting the event to have taken place upon which such compensation should be made; yet the Committee conceive the charge to be a real and not a personal one: and as particular States claim the whole of the Territory ceded as aforesaid to the Crown, the obligation to compensate the representative of the late Col. Croghan, if it exists, must lie upon the particular States thus claiming the lands charged, and not upon the United States;1 Whereupon,
[Note 1: 1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 19, V, folio 215. Prevost's memorial is in No. 41, VIII, folio 205.]
Resolved, That Congress agree to the said report.
Congress proceeded in the third reading of the Ordinance for ascertaining the mode of disposing of Lands in the Western Territory. A motion was made by Mr. [William] Grayson, seconded by Mr. [James] Monroe, to amend the Ordinance by striking out the following clause:
"The Surveyors shall proceed to divide the said Territory into Townships of six miles square, by lines running due north and south, and others crossing these at fight angles, unless where the boundaries of the late Indian purchases may render the same impracticable, and then they shall depart from this rule no farther than such particular circumstances may require," and in its stead insert, "The Surveyors shall proceed to divide the said Territory into Townships of six miles square, by lines running due north and south, and others crossing these at right angles, and the said Townships into right angled parallelograms, of the dimensions of two miles by six miles, in the direction of North and South." And at the end of the clause [for subdividing townships,] to insert, "And the surveyors in running the external lines of the Townships and right angled parallelograms, shall mark corners at the distance of every half mile, for the lots and half
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lots, always taking care that the comers for the Townships shall be designated in a different manner from those of the lots; and those of the lots in a different manner from those of the half lots," so that it read, "The plats of the townships respectively shall be marked by subdivisions into lots of one mile square, or 640 acres, in the same direction as the external lines, and numbered from I to 36, always beginning the succeeding range of the lots with the number next to that with which the preceding one concluded. And where, from the causes before mentioned, only a part of a Township shall be surveyed, the lots protracted thereon, shall bear the same numbers as if the Townships had been entire; and these lots shall be subdivided into lots of 320 acres, and the Surveyors in running the external lines of the Townships, and right angled parallelograms, shall mark corners at the distance of every half mile for the lots and half lots, always taking care that the corners for the Townships shall be designated in a different manner from those of the lots; and those of the lots in a different manner from those of the half lots."1
[Note 1: 1 This motion, in the writing of William Grayson, is in the Papers of the Continental Congress, No. 36, III, folio 45. The phrase is brackets in the Journal was added by Charles Thomson.]
And on the question to agree to this amendment, the yeas and nays being required by Mr. [William] Grayson,
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So the question was lost.
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The Committee [Mr. Hugh Williamson, Mr. Jacob Read and Mr. John Francis Mercer] to whom was referred a Letter from the superintendant of Finance of the 13th of April [1784] inclosing sundry Papers respecting the Claims of Francis Cazeau submit the following Report
Whereas it is represented to Congress that Francis Cazeau in his Account with the U. S. charges them with three Batteaux loaded with goods to the amount of 5404 Dlrs though those very Batteaux were sent out by him towards the British army under a Pass from Genl Burgoyne and were captured while under such Pass by an American Party after resistance and the Loss of Blood. That he also charges the U. S. with 10633 Dlrs for wheat said to be purchased for the Use of the American Army; though under very suspicious Circumstances
Resolved, That the sundry Resolves of Congress of the 18th of March last respecting money to be advanced to Francis Cazeau and the Charges to be admitted in the settlement of his Accounts be repealed and that the further Considerations of the Claims of the said Cazeau be deferred till Congress shall have adopted some general plan for the settlemt of Claims from Canada.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, 19, I, 553. According to indorsement it was read this day. Robert Morris' letter is in No. 137, III, folio 507. See post, May 20.]
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