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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 --THURSDAY, SEPTEMBER 14, 1786.
Congress assembled. Present, as yesterday.
A motion being made by the delegates of Georgia, That the court for hearing and determining the matter in question between the States of South Carolina and Georgia, be held at the city of New York, on the first Monday in May next.
A motion was made by the delegates of South Carolina, to postpone the motion of the delegates of Georgia, in order to take up the following:
That the federal court appointed to decide the territorial dispute between the States of South Carolina and Georgia, be summoned to meet on the third Monday in November next:
And on the question to postpone for the purpose above mentioned, the yeas and nays being required by the delegates of South Carolina,
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So it passed in the negative the question was lost.
After debate,
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Resolved, That the court appointed to hear and determine the matter in question between the States of South Carolina and Georgia, be summoned to meet at the city of New York, on the third Monday in June next.
The committee, consisting of Mr. [John] Kean, Mr. [Arthur] St. Clair, and Mr. [Charles] Pinckney, to whom was referred the draught of a deed offered by the delegates of Connecticut, grounded on an Act of the legislature of the said state, having reported, "That the deed offered, is in conformity with the Act of Congress of the 26th day of May last," and the Delegates for Connecticut having thereupon proceeded and executed a deed of cession, agreeable to the resolution of the 26 May last, in the words following:
To all who shall see these presents, We, William Samuel Johnson and Jonathan Sturges, the underwritten delegates for the State of Connecticut, in the Congress of the United States, send Greeting. Whereas the general Assembly of the State of Connecticut, on the second thursday of May, in the year of our Lord one thousand seven hundred and eighty six, passed an Act in the words following, viz.
"Be it enacted by the governor, council and representatives in general court assembled, and by the authority of the same, that the Delegates of this State, or any two of them who shall be attending the Congress of the United States, be, and they are hereby directed, authorized and fully empowered in the name and behalf of this State, to make, execute and deliver, under their hands and seals, an ample deed of release and cession of all the right, title, interest, jurisdiction and claim of the state of Connecticut to certain Western Lands, beginning at the completion of the forty-first degree of North latitude, one hundred and twenty miles west of the western boundary line of the commonwealth of Pennsylvania, as now claimed by said Commonwealth, and from thence by a line to be drawn north, parralel to, and one hundred and twenty miles west of the said west line of Pennsylvania, and to continue North until it comes to forty-two degrees and two minutes North latitude Whereby all the right, title, interest, jurisdiction and claim of the state of Connecticut, to the lands lying west of said line to be drawn as afore-mentioned, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth,
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shall be included, released and ceded to the United States in Congress assembled, for the common use and benefit of the said states, Connecticut inclusive.
"And whereas the said William Samuel Johnson and Jonathan Sturges, were, on the second thursday of May, A. D. one thousand seven hundred and eighty-five, elected delegates to represent the state of Connecticut, according to the law of said state, in the Congress of the United States, for the term of one year from the first Monday of November, in the said year one thousand seven hundred and eighty-five, which election remains in force, and the said William Samuel Johnson and Jonathan Sturges, are the lawful delegates of said State in the Congress of the United States. Now therefore Know ye, that we the said William Samuel Johnson and Jonathan Sturges, by virtue of the power and authority to us committed by the said Act of the general assembly of Connecticut, before recited, in the name, and for and on behalf of the said State of Connecticut, do by these presents assign, transfer, quit-claim, cede and convey to the United States of America, for their benefit, Connecticut inclusive, all the right, title, interest, jurisdiction and claim which the said State of Connecticut hath in and to the before-mentioned and described territory or tract of Country, as the same is bounded and described in the said act of assembly, for the uses in the said recited act of Assembly declared. In witness whereof, we have hereunto set our hands and seals, this thirteenth day of September, in the year of our Lord one thousand seven hundred and eighty-six, and of the Sovereignty and Independence of the United States of America, the eleventh. Win. Saml. Johnson, (L. S.) Jonath. Sturges, (L. S.) Signed, sealed and delivered in presence of Chas. Thomson, Roger Alden, James Mathers."1
[Note 1: 1 The original of this deed, in the writing of Benjamin Bankson, is in the Papers of the Continental Congress, Cessions of Western Territory, Connecticut. A copy is in No. 30, folio 507. On folio 513 is a motion headed: "A Motion was made by Mr. Kean seconded by Mr. Johnson," incorporating the committee report and the resolve which follows it. The committee report, in the writing of John Kean, is on folio 511.]
On motion,
Resolved, That Congress accept the said deed of Cession, and that the same be recorded and enrolled among the acts of the United States in Congress assembled.
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On a report of the Commissioner of Army Accounts, to whom was referred a memorial of James Grigg, late a captain in the service of the United States,
Resolved, That invalid officers be permitted to return the amount of their commutation in other securities of the United States, where they have parted with their own, provided the same shall be of equal amount, and bearing the same interest.
[Motion of Mr St Clair]
Whereas the united States have given Peace to the several Tribes or Nations of Indians following viz. (insert the Nations) and have since received Assurances of their friendly Disposition, and their Resolution to adhere inviolably to the Treaties entered into by them with the said united States, And where as the united States in Congress assembled have received no authentic Account of the Infraction of the Treaties of Peace entered into by the said Indian Tribes or nations by all or any of the said Nations and it is inconsistent with the Safety, honor, and Dignity of the united States as well as contrary to the Articles of Confederation and perpetual Union entered into between the said united States, and subversive of every Idea of national Justice that, upon any accidental Rencounter between Individuals of the said Indian Tribes or Nations and IndividuaLs of any of the united States, or in consequence of any Injury offered to the Persons or Property of the Citizens of any of the united States, all or any of the united States, in their separate and individual Capacity, should be at liberty to levy War against or make Reprisals upon the Tribes or Nations of Indians to which the Individuals having had accidental Rencounters or having committed Injury as aforesaid respectively belong but complaint of the Injury ought to be made to the united States in Congress assembled, to the End that the same be enquired into and Redress obtained, if due, conformably to the practice of civilized Nations, and to the true intent and meaning of the Treaties entered into with and subsisting between the united States and the said Indian Nations.
And whereas by Accounts transmitted by Colo. Harmar commanding the Forces of the united States in the Country bordering upon the Ohio River, it appears that a considerable Force has been raised within the State of Virginia with intent to levy War and commit
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Hostilities upon some of the Nations of Indians bordering upon the united States with which Nations the united States are in peace or have formally entered into Treaties with the same, which if permitted by the united States in Congress assembled would not only infer a want of due regard in them to preserve inviolate the Articles of Confederation and perpetual union between the united States, and prevent every infraction and contravention of all and every of the Articles, but would be countenancing a violation of the national Faith, solemnly plighted to the said Indians which would probably involve the united States in a general and unjust War to the great Dishonor as well as Detriment of the said united States, therefore:
Resolved, That the State of Virginia do abstain from committing Hostilities against, making Reprisals upon, or entering into War with all or any of the Tribes or Nations of Indians with which the united States are in Peace or any other; and that if any Troops have been levied or Men embodied for the purpose of committing Hostilities against, making reprisals upon or entering into War with the said Indian Nations or any other the Executive of the said State of Virginia do cause the same forthwith to be disbanded.
Resolved, That the Secretary of Congress take order for preparing a Proclamation, to be issued as soon as may be and transmitted to the Executive Powers of the different States enumerating the several Tribes or Nations of Indians with which the united States have entered into Treaties prohibiting every State and all and every Citizen or Citizens of all and any of the united States respectively, to levy War or commit Hostilities against all and every of the said Nations of Indians or any other, and all or any Individuals of the said Nations respectively, and strictly charging and commanding all and every of the said States and all and every of their Citizens to behave towards the said Indian Nations and every individual of them in such manner as civilized Nations do, and of right ought to do, towards Nations and individuals of Nations with which they are at Peace, that the national Character may not be injured and the good of the Union maintained.
Resolved, That it be recommended to the State of Virginia, and every other State respectively which may be in like Circumstances, to lay before the united States in Congress assembled, any Cause of Complaint there may subsist against all or any of their neighbouring Indian Nations, together with the Evidence to support such Complaint
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plaint to the end the same may be enquired into, and redress obtained conformably to good Faith and the Treaties entered into with the said Nations.1
[Note 1: 1 This motion, in the writing of Arthur St Clair, is in the Papers of the Continental Congress, No. 36, III, folio 299. According to indorsement, it was offered September 14. See post, September 15.]
Board Of Treasury,
Sept. 12th. 1786.
Sir: We do ourselves the Honor of laying before Congress a Copy of a Letter received by this Board from the Commissioner of the Loan Office of the State of Rhode Island, together with the Copy of an Act of the Legislature of that State, directing the Payment of the Paper Currency of that State in all Arrears of Taxes due to the United States. As this Explanation of the Law of the State relative to the late Requisitions of Congress entirely defeats the Intention of those Acts, the Commissioner of the Loan Office has suspended the Issue of Indents in that State on the Requisition of the 27th. Sept., 1785, till he receives our Orders on this Subject. The conduct of Mr. Ellery in this Respect appears to us extremely proper; and we shall therefore Confirm this Suspension, unless Congress should otherwise direct; on the Principle of a Non-Compliance on the Part of the State with the Requisition of Congress of the 27th. Sept. last. The State of Rhode Island (we are sorry to observe) is not ye only State in the Union, which has defeated the Object of the Requisition of Congress by making their Paper Currency receivable on the Specie Proportion of the Continental Taxes. The State of New Jersey has made their Paper receivable on the Arrears of Taxes due on the Requisition of the 27th. and 28th. April, 1784. The Consequences of these Unjustifiable Precedents, which have been set by the States above mentioned are so dangerous to the Union, that we Submit it to the Judgment of Congress, whether it is not proper to take Immediate measures for Expressing the Sense of the United States in Congress on the Conduct of these States in this Respect, and for preventing in Season the Extent of this alarming Evil.
We have the Honor etc.2
[Note 2: 2 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress, No. 140, II, folio 307. According to indorsement it was read September 14. The inclosures are on folios 311--321. See post, September 15.]
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To His Excellency,
The President of Congress.
The Committee consisting of Mr. [John Bubenheim] Bayard, Mr. [William] Hindman, and Mr. [Arthur St Clair, to whom was referred the report of the Board of Treasury, on the memorial of Mr. Andrew Caldwell, Report:
That they have read and considered the memorial of Andw. Caldwell together with the Certificate from Mr. Saml. Caldwell and one from the late Commissioners of the Board of War, from all which it appears--
That Mr. Saml. Caldwell was specially appointed by said Commissioners to purchase a quantity of Clothing for the Army in the latter end of the year 1779 and begining of the year 1780, and to contract for immediate payment, that in consequence He purchased on Dec. 20th., 1779, of Andw. and James Caldwell 49 ps. Broad Cloth amounting to £40,500 to be paid as soon as Congress should begin to draw Bills of Exchange on France or Holland either in Cash, Bills of Exchange, or Certificates, as the Seller should make His Option.
It further Appears that on January 26th., 1780, there was a further purchase made of Andw. and James Caldwell by Saml. Caldwell of 25 ps. of Broad Cloth and 16 ps. of Coating amounting to £25,110.10 to be paid for in Cash of which sum £20,562.10 was paid in the february following which left a Balance of £4,548 of this last purchase still due them; that the Board of War were unable to pay the above sums on account of the Stoppage in drawing Bills by Order of Congress.
Your Committee upon this Statement of facts, submit the following resolution to Congress:
Resolved, That the Board of Treasury Liquidate and adjust the Account of Andw. and James Caldwell agreeable to the Scale of depreciation allowing Interest thereon and give a Warrant on the Treasury for the Ballce. due them, to be paid as soon as the situation of the Treasury will admit.
All which is submitted.1
[Note 1: 1 This report, in the writing of John Bubenheim Bayard, is in the Papers of the Continental Congress, No. 19, I, folio 493. According to indorsement it was read September 14 and passed September 15.]
The Committee consisting of Mr. [Nathaniel] Ramsay, Mr. [Edward] Carrington, and Mr. [Arthur] St Clair to whom was referred the
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Memorial of Duncan Campbell together with the report of the Commissioner of Army Accounts thereupon report as follows:
It appears to your Committee, upon investigating the account exhibited by the said Duncan Campbell amounting to one hundred and ten pounds, sixteen shillings New York Currency for bounty money advanced to fifty-four recruits, and for Arms, blankets, provisions and other Articles furnished the said recruits; that the said Duncan Campbell did actually enlist fifty-four men, and was authorised by General Arnold to pay them the Bounty charged in his account; that the supplies charged to have been furnished the recruits were Necessary, and the said Campbell's oath to their being made by him is a sufficient evidence of the fact, as he alledges that the loss of papers occasions the defect of other Vouchers; that it does not appear any settlement or allowance has hitherto been made to the said Campbell, therefore,Whereupon your Committee submit the following Resolution.1
[Note 1: 1 This report, in the writing of Henry Remsen, jr., is in the Papers of the Continental Congress, No. 19, I, folio 517. According to indorsement it was read September 14 and passed September 19, where the resolution submitted is spread verbatim on the Journal, but with the amount translated into dollars. A further indorsement by Roger Alden reads: "N. B. a Petition was read Sept. 9th, 1788, referred to board of treasury--reported Sept. 16th. do. See report and report Commr. Army Accots. filed and Petition."]
The Committee consisting of [Mr. Pierse] Long, Mr. Rufus King, and Mr. James Monroe] to whom was refer'd the Memorial of Capt. Thomas Hutchings In behalf of the surveyors of Land who accompanied him to the Western Country, praying for a reimburstement of the money, they severally expended while attending on said business and that some compensation may be made for the time, they were absent--submit the following Resolve: in part
That Benjamin Tupper, William W. Morris, Alexander Parker, James Simpson, Robert Johnston, Isaac Sherman, Absolam Martin, and Edwd. Dowse be reimbursed Sixteen hundred and Seventy-three dollrs. and 62/90 of a dollar, being the amount of their expenditures, as appears by their Accounts accompanying said memorial--and that take order for the payment thereof.2
[Note 2: 2 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress, No. 19, III, folio 239. According to indorsement it was read September 14 and "Acted on in report of 25 Sept., 1786."]
The Committee, consisting of Mr. [William] Harrison, Mr. Edward] Carrington and Mr. [Henry] Lee to whom was referred a report
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of the Commissioner of Army Accots. on the petition of John Lesure, late an Ensign in the Army of the U. S., in behalf of himself and of Nathan Watkins, late a Captain in the said Army, having examined the said report, and the papers accompanying the same, beg leave to submit to Congress the followg. Resolution--
That the Commissioner of Army Accots. be directed to settle with the said Ensign Lesure and the said Captain Watkins, agreably to his report.1
[Note 1: 1 This report, in the writing of William Harrison, is in the Papers of the Continental Congress, No. 19, III, folio 543. According to indorsement it was read September 14 and passed September 15.
September 14: The following committees were appointed: Mr. [John Cleves] Symmes, Mr. [Edward] Carrington and Mr. [William] Hindman, on "Petition of Joseph Cone respectg. certificates issued to him." Report was rendered September 15.
Mr. [Jonathan] Sturges, Mr. [Edward] Carrington, and Mr, [Melancton] Smith, on "Report of Comr. of Army Accots. on pet: D. Pendleton." This committee was renewed February 12, 1787.
Committee Book No. 190.]
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