| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, SEPTEMBER 21, 1785.
Congress assembled. Present as yesterday.
The order of the day being called for, to elect two Commissioners to negotiate with the western Indians, in the room of Arthur Lee, esqr. elected a commissioner of the board of treasury, and of Benjamin Lincoln, esquire who has resigned.
Congress proceeded to the election, and the Ballots being taken, Samuel Holden Parsons was elected, having been previously nominated by Mr. [William Samuel] Johnson.
Ordered, That the election of another Commissioner be postponed.
Congress resumed the consideration of the letter of the 24 December, 1784, from the governor of Connecticut, stating claims of settlers at Wyoming, with a copy of a memorial of sundry inhabitants at Wyoming, and a copy of the proceedings of the legislature of Connecticut relative thereto, which was the subject of debate on Monday and Tuesday.
And a motion having been made by the State of Pennsylvania, in the words following:
Page 726 | Page image
Are the proceedings on the first application of the persons alleged to be settlers at Wyoming continued and in force, notwithstanding the non-appearance of the applicants on the 28 June, 1784, and the recess of Congress, and the committee of the states, at that time?1
[Note 1: 1 This motion, in the writing of James Wilson, is in the Papers of the Continental Congress, No. 36, III, folio 165.]
A motion was made by Mr. [Rufus] King, seconded by Mr. [William Samuel] Johnson, to postpone that motion, in order to take up the following:
Whereas on the fourth Monday of June, 1784, being the day assigned for the appearance of the parties under the act of Congress of the 23 January, 1784, upon the petition of Zebulon Butler and others, claiming under the state of Connecticut, private right of soil within the jurisdiction of the state of Pennsylvania, Congress were then in recess, and a quorum of the Committee of the States did not assemble, Resolved, That farther day be given to the parties, and that theMonday ofbe assigned for the appearance of the parties by their lawful agents, before Congress, wheresoever they shall be then sitting; or if Congress shall not on that day be in session, then on the day of their session next following the saidMonday ofthat notice of the assignment of the said day, be given to the parties in the following form.2
[Note 2: 2 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 163. The date assigned for consideration is given in the draft as the fourth Monday of November next. The votes on this and the succeeding questions, this day, are entered on folio 165.]
On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [James] Wilson,
Page 727 | Page image
{table}
So it was resolved in the affirmative.
After debate, the motion before the house was withdrawn by the mover, and a motion was made by Mr. [Melancton] Smith, seconded by Mr. [Charles] Pettit as follows:
Whereas the petition of Zebulon Butler and others, claiming private right of soil under the State of Connecticut, and within the jurisdiction of the commonwealth of Pennsylvania, doth not describe with sufficient certainty, the tract of Land claimed by the said Zebulon Butler and others, nor particularly name the private adverse claim, under grants from the commonwealth of Pennsylvania; Resolved, That the resolutions of Congress of the 23d day of January, 1784, relative to the claim of Zebulon Butler and others, be, and hereby are repealed.1
[Note 1: 1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 161.]
Page 728 | Page image
A motion was made by Mr. [Jacob] Read, seconded by Mr. [William] Grayson, to postpone that motion, in order to take up the following:
Whereas the United States in Congress assembled, on the 23d day of January, 1784, on the petition of Zebulon Butler and others, claiming under the state of Connecticut, private right of soil within the territory westward of the Delaware, formerly in controversy between the said state and that of Pennsylvania, and lately determined by a court constituted and appointed agreeably to the ninth of the Articles of confederation and perpetual Union, to be within the jurisdiction of the state of Pennsylvania, complaining that they are disturbed in their right, by others claiming under the said state of Pennsylvania, and praying that a court may be instituted under the ninth article of the Confederation for determining the said right. "Resolved, That a court be instituted according to the said ninth article of the Confederation for determining the private right of soil within the said territory, so far as the same is by the said articles submitted to the determination of such a court. That the fourth Monday in June next be assigned for the appearance of the parties by their lawful agents, before Congress, or the Committee of the States, wheresoever they shall then be sitting." And whereas on the said fourth Monday in June, Congress was not in session, and a sufficient number of the Committee of the States, appointed by Congress on the 29 day of May, 1784, did not assemble on the said fourth Monday in June; and whereas it does not appear to the United States in Congress assembled, that on the said fourth Monday in June, 1784, either the parties petitioning, or the claimants of the private right of soil under the State of Pennsylvania, did appear at the city of Annapolis, to prosecute or defend their respective rights; therefore, Resolved, That the force of the said recited resolution of the 23d January, 1784, is determined,
Page 729 | Page image
and that the same resolution ought not to be considered at the present day, as having any validity or effect.1
[Note 1: 1 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, III, folio 167.]
And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [James] Wilson,
{table}
So it passed in the negative.
A motion was then made by Mr. [Charles] Pinckney, seconded by Mr. [William Samuel] Johnson, to postpone the consideration of the motion before the house, in order to take into consideration the motion moved by Mr. [Rufus] King, as before recited, and which was withdrawn.
Page 730 | Page image
And on the question to postpone for the purpose mentioned, the yeas and nays being required by Mr. [James] Wilson,
{table}
So it passed in the negative.
On the question to agree to the motion before the house, the yeas and nays being required by Mr. [James] Wilson,
{table}
Page 731 | Page image
So it was resolved in the affirmative as follows:
Whereas the petition of 1Zebulon Butler and others, claiming private right of Soil under the State of Connecticut, and within the jurisdiction of the Commonwealth of Pennsylvania, doth not describe with sufficient certainty, the tract of Land claimed by the said Zebulon Butler and others, nor particularly name the private adverse claims under grants from the Commonwealth of Pennsylvania:
[Note 1: 1 At this point Roger Alden begins the entry in the Journal]
Resolved, That the resolutions of Congress of the 23d day of January, 1784, relative to the claim of Zebulon Butler and others, be, and hereby are repealed.2
[Note 2: 2 Also on this day, according to indorsement, was read the report of the Secretary for Foreign Affairs, dated September 20, submitting drafts of letters to Count Florida Blanca and Count Galvez. The drafts were referred back to the Secretary to take order. They, with the reference order, are entered in full in Resolve Book No. 123, under this date. Jay's original report is in No. 81, I, folio 393.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |