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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 --WEDNESDAY, MAY 24, 1786.

Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
WEDNESDAY, MAY 24, 1786.

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Link to date-related documents.

Congress assembled. Present, Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long; from Rhode Island, Mr. [James] Manning, and New Jersey, Mr. [Josiah] Hornblower.

Congress resumed the consideration of the report of the committee, to whom was referred a motion of the delegates of the state of Connecticut, relative to a cession of part of that State's claim to western territory.

A motion was made by Mr. [James] Wilson, seconded by Mr. [Arthur] St. Clair, that the report be postponed, in Order to take up the following resolution:

That the United States cannot accept the cession of the claim of the State of Connecticut to western territory, tendered to Congress by the delegates of that State, because the acceptance of that cession, in its present form, might be construed to imply the approbation of Congress, of Claims not ceded, and it would be improper for Congress to express any Opinion, either directly or indirectly, on this subject. But since the great object of Congress, in recommending to the state of Connecticut, and to other states, to make cessions of their claims to western territory, has been to establish and secure the tranquillity of the United States, and of every state in the Union that might be affected by such claims or cessions; Resolved, in order to obtain that great object on the present occasion, that when the state of Connecticut shall cede and release to the United States, and to the States of New York and Pennsylvania, respectively, all the claim of the said State of Connecticut, to jurisdiction and property of territory westward of the Eastern boundary of the State of New York, the United States in Congress assembled, will thereupon grant, release and confirm to the State of Connecticut, the property, but not the jurisdiction of the territory and tract of land described as follows, that is to say, Beginning at the end of the first degree of North latitude, one hundred and twenty miles westward of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by the said Commonwealth, thence North, to the end of the forty second degree of

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North latitude, thence east to the aforementioned boundary line of Pennsylvania, thence South, to the end of the forty first degree of North latitude, thence West, to the place of beginning.1

[Note 1: 1 The original motion, in the writing of James Wilson, is in the Papers of the Continental Congress, No. 30, folio 545. On folio 529 is a motion, in Wilson's handwriting as follows: "Whereas the United States in Congress assembled, by their Resolution of therecommendedAnd whereas it is proper and reasonable that the said Recommendation should be complied with. And whereas a Part of the Territory formerly claimed by this State lies within the Bounds and Jurisdiction of the Commonwealth of Pennsylvania; and was, by the foederal Court held at Trenton in the year 1782 for deciding a Controversy then subsisting between this State and that Commonwealth respecting that Part, decreed to be the Right of that Commonwealth; to which Decree it is the Duty of this State to pay full and exact Obedience:
Be it enacted--"
On the verso of this ms. are the following notes by Wilson:


On folio 531 is the following, in the writing of James Monroe: "Provided also that nothing herein contain'd shall be construed to invalidate the rights which the U.S. have under ye acts of cession from the States of Virga. Mass. and New York, to the lands lying between the Pena. line and the sd. line westwd. of which the lands are hereby propos'd to be ceded."
On folio 533 is the following: "Whenever the sd. Delegates shall be furnished with full powers to execute and shall execute a deed for that purpose. Provided that the acceptance of the sd. cession shall in no degree be construed to affect the claims of any State or states to any territory which has or shall be ascertained by the decree of a federal Court to be within the territory or jurisdiction of any State or states."]

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On the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [James] Wilson,

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So the question was lost.

A motion was then made by Mr. [Charles] Pettit, seconded by Mr. [Josiah] Hornblower, to postpone the report of the committee, in order to take into consideration the following:

That the acceptance by the United States of any cession heretofore made, or which shall hereafter be made, by any State, of the claims of such state to western territory, ought not, nor shall be construed nor understood as confirming, or in any wise strengthening the claim of such state to any such territory not ceded.1

[Note 1: 1 The original motion, in the writing of Charles Pettit, is in the Papers of the Continental Congress, No. 30, folio 523.]

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And on the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Charles] Pettit,

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So the question was lost.

A motion was then made by Mr. [Charles] Pinckney, seconded by Mr. [Arthur] St. Clair, to amend the report by adding,

Provided that the Acceptance of the said cession shall in no degree be construed to affect the claims of any state or states to any territory which has or shall be ascertained by the degree of a federal court, to be within the territory or jurisdiction of any State or States, or to injure the claims of the United States, under acts of cession from any individual State.1

[Note 1: 1 The original motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 30, folio 541.]

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A division of the amendment was called for; and on the question to agree to the first clause, as far as the words "jurisdiction of any State or States," inclusive, the yeas and nays being required by Mr. [James] Wilson,

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So it was resolved in the affirmative.

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On the question to agree to the latter clause, the yeas and nays being required by Mr. [Melancton] Smith,

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So the question was lost.

The report being further amended, adjourned to 11 o'clock tomorrow.

The Board of Treasury to whom was Referred the Petition of Benjamin Pierce late Gunner of the Continental Frigate Alliance, in behalf of a number of the late Officers, and Marines of the said Ship when under the Command of Captain Peter Landais, Beg leave to Report:

That the Memorialist in behalf of the Parties abovementioned, prays that he may receive the Amount of Prize Money due on the Captures made by the Frigate Alliance.

That it appears from a Receipt of Captain John Paul Jones, who was appointed Agent to receive the Prize Money abovementioned (transmitted to the Office of the Secretary of Foreign Affairs) that there has been paid to the said Agent the sum of One hundred and

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five thousand, one hundred and eighty-five Livres, three Sol. and six Deniers, on account of Prize Money due the Officers and Crew of the Frigate Alliance.

That in consequence of this information the Board have transmitted to the Honble. Mr. Jefferson, Minister for the United States at the Court of France, an order on Captain John Paul Jones for the above Sum, as well as for the Sums received by him on Account of Prize Money due to the other American Officers and Seamen, who Served in the Squadron under his Command during the late War.

That 'till Information is received from the said Minister of the payment of the Order above mentioned, and proper Returns made of the Names and Stations of the Officers and Men serving on Board the Frigate Alliance at the time the Captures were made, it will be impossible to make any Distribution of the Prize Money due to the said Vessell.

Under these circumstances the Board submit to the consideration of Congress the following Resolves:

That the Board of Treasury be directed forthwith to call upon Captain John Paul Jones lately Commanding the Bon-homme Richard, and Captain Peter Landais lately commanding the Frigate Alliance for accurate Returns of the Officers and Men serving on Board their respective Vessells, at the time the Captures were made by the late Squadron under the Command of John Paul Jones.1

[Note 1: 1 This report, signed by Samuel Osgood, Waiter Livingston, and Arthur Lee, is in the Papers of the Continental Congress No, 138, II, folio 257. According to indorsement it was read May 24 and passed June 7 on which date the altered resolve and concluding paragraph of the report were entered verbatim on the Journal.]

*******

May 23d., 1786.

The Commissioner for settling the accounts of the late Army of the United States to whom was referred the memorial of Marinus Willett, late commanding a regiment of Militia embodied in the State of New York, begs leave to report:

That the Regiment entered the service of the United States at the commencement of the campaign of 1782 under the resolution of Congress of the 2d. day of April, 1781, and continued on the frontiers of the State of New York from that time until the end of the War.

That this resolve of Congress appears to have annexed certain conditions to the admission and payment of the two regiments of

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Infantry proposed to be raised by the State of New York, one of which is that the Officers be proportioned to the number of men actually in service and another that the State fill up their quota of Troops for the Continental Army.

That the regiment had its full compliment of Officers when it entered the service excepting the recruiting Lieutenant and a small deficiency in the number of men necessary to compleat the quota of a regiment of Infantry of about forty-nine men.

That it appears by the returns of the War Office that the State of New York was deficient in its quota of Troops from the Continental Army at the commencement of 1781 in Six hundred and ninety-six men. At the commencement of 1782 in Five hundred and fifteen men, and of 1783 in Fourteen hundred and forty-six men.

That the regiment has been paid by the State of New York for the year 1782. That it has been cloathed by the United States in consequence of a resolution of Congress of the 20th. day of August, 1782, and that it has been Subsisted and paid the four months advance in the year 1783, in the same manner as the rest of the Army by the direction of the Commander in Chief.

That, on this state of facts, the Commissioner begs leave to lay the following question before Congress, whether the regiment shall be settled with for the arrears still due, notwithstanding the conditions of the resolve of April 2d., 1781, have not been complied with.

All which is humbly submitted.

Jno. Pierce,
Commissr1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 62, folio 131. According to indorsement it was read May 24 and on August 9 referred to a committee.
May 24: The "Board of Treasury to take order--on the first part of the report of the committee to whom was referred the speech of Capt. O'Beel and the letter from Gen1 Butler--for the payment and adjustment of the bill of expences of Capt O'Beel and his Associates and the allowance to be made to the Interpreter."
The "Commrs. for holding treaties with western Indians to take order on the second part of the above report, to assure Capt. O'Beel that Congress are deliberating upon proper measures to be taken to continue the correspondence between the United States and the Indian nations and that nothing shall be wanting on their part to cultivate friendship and good understanding with them"
Committee Book No. 190.
Also, according to indorsement, was read a letter of May 23, from the Secretary for Foreign Affairs, enclosing a letter from Thomas Jefferson of January 22 and a joint letter of March 28 from Adams and Jefferson. Jay's letter is in No. 80, II, folio 357. The letter of March 28, in copy form, is in No. 86, folio 369 and relates to the negotiations with the Barbary States. On it is a note by Henry Remsen, jr., this copy was made "from a copy furnished by Mr. Jefferson....the original having been communicated to Congress and referred by them to a Committee, which never reported on nor returned it." See post, May 26.
Also, on this day, according to indorsement, was read a letter of May 18, from John Sullivan, accompanied by a memorial for the pay due him. It is in No. 78, XXI, folios 451--455. The letter is indorsed by Thomson: "The reading of this interrupted and stopped by Congress May 24, 1786." Sullivan was a lieutenant in the 4th Light Dragoons and one of the prime movers in the mutinous Pennsylvania troops which, in 1783, threatened Congress.]

Office of Army Accounts
May 24, 1786.

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