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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 AND THURSDAY, APRIL 25 AND 26, 1787.
Congress assembled present as before.
[April 25, 1787]
[Instructions of North Carolina to her delegates1]
[Note 1: 1 Papers of the Continental Congress, No. 72, pp. 289--290, read April 25. 1787.]
Extract.
North Carolina,
In the House of Commons 6th. January 1787.
The House resumed the Consideration of the Report of the Committee on sundry Papers respecting Indian Treaties &c which being read and amended was concured with in the following Words,
Your Committee to whom was refered sundry Papers respecting Treaties and Indian Affairs beg leave to report
That they have examined with Attention the papers refered to them and they find that by the Treaties entered into between the Commissioners appointed by the United States to treat with the southern Indians and the Cherokee and Chickasaw Indians at Hopewell on the Keeowee, the Commissioners of the United States have allotted to the said Indians certain Lands as their hunting Grounds which are obviously within the Jurisdiction of this State being North of the Boundary established by Law between the Citizens and Indians, and a great part of which is for a valuable Consideration sold to our Citizens, some of whom are now actually living thereon.
Your Committee observe that the Commissioners having only allotted these lands to the Indians as their hunting Grounds, the Treaty doth not thereby annull the Title of those who hold under our Laws but have cloged it in a Manner different from the Intentions of the Legislature and which does in effect suppose a right in the United States to interfere with our Legislative Rights which is inadmissable.
Your Committee thereupon recommend that the Delegates of this State in Congress be instructed to State our Rights to the Lands in question to the United States of America in Congress assembled to obtain a Disavowal of the Treaties so far as they effect the same and if the same should be persisted in which Your Committee cannot suppose from the known Wisdom and Rectitude of Congress that finally they formally protest against the same.
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[Motion respecting Indian Treaties1]
[Note 1: 1 This motion is entered by Thomson in the Committee Book, Papers of the Continental Congress, No. 190, p. 147. It was referred to a committee consisting of Mr. William Samuel Johnson, Mr. Charles Petit and Mr. Abraham Clark.]
Motion Mr Blount and Mr Ash for Congress to disavow the treaties with the Cherokee and Chickasaw Indians so far as they allot to the sd. Indians hunting grounds within the limits of North Carolina other than those allotted them by the laws of the sd. State.
[Report of committee on ordinance for disposing of Western territory2]
[Note 2: 2 Papers of the Continental Congress, No. 30, pp. 119--127, in the writing of John Fisher with introductory paragraph and emendation by Charles Thomson. Read April 25, 1787 and made the order of the day for Monday, April 30. A broadside copy is on p. 129. This committee was appointed April 9, 1787.]
The comee. consisting of Mr [Edward] Carrington, Mr [James Mitchel] Varnum Mr [Abraham] Clarke Mr [Rufus] King and Mr [Benjamin] Hawkins to whom was referred a motion of Mr Carrington for revising the ordinance for surveying and selling the western territory report as follows,
Your Committee are of Opinion that it will be improper to adhere to the mode provided in the said Ordinance for disposing of the Western Territory, for the following reasons. 1st It is too slow in its operation to effect a faithful execution of the duties incumbent on Congress, under the present public circumstances, and the terms upon which these lands were ceded to, and accepted by the United States. 2dly. it will in its advance constantly involve a great public expence, which, being unnecessary, is unreasonable.
Upon the first of these reasons your Committee beg leave to observe, that the Ordinance hath been in operation nearly two years, and but little more than half the quantity of land which would Authorise the sale of any part of that extensive Territory has been surveyed. Upon enquiry into the causes of this delay, they are informed by the Geographer than the danger to which the surveyors are liable from the Indians, prevent their proceeding except when they can be covered by Troops. It appears to your Committee that these dangers are more likely to encrease than diminish, as the hostile disposition of the Indians have in no degree abated, and the future numbers and situations of our Troops, will, in all probability, be such as to afford less protection to the surveyors than they have hitherto received.
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From these considerations your Committee are led to conclude, that the prospect of bringing to market, any tolerable part of this territory, without a very material departure from the Ordinance, must be very distant. From a view of the present public circumstances; the State of these lands, and the terms of Cession by which the United States have become vested with [possessed of] them your Committee are induced to think, that it is the duty of Congress to adopt measures for disposing of them, which may be, not only practicable; but Speedy in their operation. The debts of the Union are already so great that all the efforts of the people towards their extinguishment, fall far short of paying the interest, and of consequence the public burthens must be daily encreasing. these lands are lying in an unproductive State; from a Variety of circumstances it is reasonably to supposed they will now sell higher than at any distant period; and they have been ceded to, and accepted by the United States, as a fund for the common relief, to be faithfully disposed of for that purpose; these considerations operate with your Committee, as sufficient to justify the opinion they have advanced; but they beg leave to add that any considerable delay in disposing of the lands in this territory would very probably be attended with the entire loss of that fund. Some discontented and adventrous people have already encroached upon them, and the Actual operation of the Troops Stationed there, hath been [become] necessary to remove them. The numbers disposed to make these encroachments are manifestly encreasing, and it appears to your Committee, that the Troops in the service of the United States, are more likely to be reduced than encreased in number. from these circumstances your Committee think that the loss of the lands is seriously to be apprehended, unless early measures are pursued for Vesting a better kind of people with legal rights there:
Upon the second reason your Committee beg leave to observe that long experience hath taught that private adventurers in lands with great alacrity and chearfu]ness submit to the dangers of exploring, and the additional expence of surveying them, when they are indulged in their choice as to situation and quality, And your Committee are of Opinion that this indulgence may be allowed under such restrictions as to avoid all the evils to be apprehended from loose indiscriminate locations.
Upon the foregoing considerations your Committee beg leave to Report,
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That in their opinion the mode provided in the said Ordinance1 [of the 20th. day of May 1785] for disposing of the Western Territory after compleating [ought, saving the completion of] the seven ranges of Townships now surveying, provided that the same shall not cross the Muskingum, ought to be repealed, and another established upon the following principles Viz.
[Note 1: 1 Journals, vol. XXVIII, pp. 375--381.]
Such parts of the said Territory as Congress shall from time to time direct to be sold, to be divided by the Geographer into convenient districts bounded by the Ohio, the navigable rivers running into the same, and lines extending due North from the sources of such rivers.
A Surveyor to be appointed by the Geographer for each district whose duty it shall be to receive the locations of Individuals and to Survey their lands for certain fees, and under certain regulations to be prescribed.
The board of Treasury, or a Register, to issue warrants or rights for any quantity of land not less thanacres to any person applying for the same and payingper acre, directed to any Surveyor in the Western territory. The purchasers of the said rights, their Heirs or assigns to be entitled to locate the same in any district which may be ordered for Sale, by an entry or entries with the Surveyor of such district withinmonths from the date thereof, under the following restrictions, every Location to be a square bounded by lines running due North and South, and other equal lines crossing them at right Angles as nearly as may be, except when the boundaries of the district, or prior locations, shall render the same impracticable and then this rule to be departed from no farther, than such particular circumstances may require.
The Locations to be made wherever the locators shall direct; provided that every such location which shall contain a number of Acres less thanmiles Square, shall be bounded wholly on one side by some former entry or entries, and provided also that no interstice shall be left less than half a mile in breadth.
Every location to be surveyed upon the request of the Locator withinmonths from the entry and for enabling the Surveyors to compleat their works, in due time, the Geographer to appoint as many Assistant Surveyors as may from time to time be necessary.
Proper Books to be kept by the Surveyors, in which shall be fairly and fully entered all entries for land and also the platts thereof after they have been surveyed.
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The Surveyors to make returns of all their proceedings to the Geographer once in everymonths, and the Geographer to keep the like Books and the like records therein as may be prescribed by [to] the Surveyors, to be open as well as those of the Surveyors, to the inspection of all persons whatever.
All disputes which may arise to be determined by the Surveyor in whose district the same may happen, with right of Appeal to the Geographer.
Grants to be issued by the Geographer, upon the surveys being compleated, and all fees fully discharged.
The Geographer to extend a line from each Capital survey to some known point, so as to ascertain its true situation, and as he shall from tune to time be possessed of sufficient materials, to divide the Territory into Townships ofMiles square by designating the same on paper by lines running due North and South, and other equal lines crossing these at Right Angles as nearly as may be, and also to designate in like manner every Survey.1
[Note 1: 1 April 25, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 147, there were referred to the Board of Treasury to report:
The Report of the Board of Treasury on Mr. J. Warren's letter. This report was transmitted to Congress in letter of the Board, March 22, 1786, Papers of the Continental Congress, No. 140, I, p. 123.
Petition of John Vinton, read April 25, respecting the accounts of Edmund Soper, Papers of the Continental Congress, No. 42, VIII, pp. 105--106, with a certificate on pp. 109--112. Report rendered August 28 and acted on August 29, 1788.
According to indorsement was read a petition of R. J. van den Broek on behalf of Col. J. G. Diriks for payment of monies. Papers of the Continental Congress, No. 42, VIII, p. 113, with an account and certificate on pp. 117--119. See April 26, 1787.]
[April 26, 1787.]
[Report of Secretary of Congress on petition of R. J. Van den Broek2]
[Note 2: 2 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 54. See April 25, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 147, this petition and accompanying papers were referred to the Board of Treasury to report. Report rendered February 1, 1788.]
Office of Secy of Congress
April 26
On the petition of R. J. Van dan Broek in behalf of J. G Diricks late a lieut col in the army of the United States exhibiting a demand of the sd. lieut col Diricks agst the United States for monies paid by
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order of major gen Lord Stirling amounting to £127.15, and prayg Congress to order the same to be paid
The Secy reports
That the petition of R J van den Broek be referredagreed toto the board of treasury to report.
[Motion of the delegates of North Carolina1]
[Note 1: 1 This motion is entered by Thomson in the Committee Book, Papers of the Continental Congress, No. 190, p. 147. It was referred to the Secretary at War to take order.]
That the Secy at war on the application of the delegates of North Carolina furnish them with a copy of all the muster rolls of the continental line of that state now in the war office or the paymaster general's office.
[Plan of a temporary government for the western territory]
[The report2 of the committee consisting of Mr. William Johnson, Mr. Charles Pinckney, Mr. Melancton Smith, Mr. Nathan Dane and Mr. William Henry, to prepare a plan of a temporary government for such districts, or new states, as shall be laid out by the United States, which was appointed September 18, 1786 and reported on September 19, was, according to indorsement, under consideration on this day and was assigned for tomorrow, April 27, on which day no business was transacted. This report had been left as unfinished business on September 21, 1786. It was read a second time on May 9, 1787.]
[Note 2: 2 The Mss. copy of the report is in Papers of the Continental Congress, No. 30, pp. 101--107 and a broadside on pp. 109--110. See Journals, vol. XXXI, pp. 669--673 for text of original report.]
[Letter of Secretary at War respecting lands for late army3]
[Note 3: 3 Papers of the Continental Congress, No. 150, II, pp. 319--321. read April 26, and acted on October 22, 1787. See May 2, 1787.]
War Office, April 26th, 1787.
Sir: The incessant enquiries respecting the lands due to the late army, and a conviction of the perfect dispositions of the United States in Congress assembled, to render ample justice to their late military servants, are the reasons, and I hope will be my apology, for my present address.
It is unnecessary to mention the manner in which the arrearages of pay due the late army was settled, or the present state of those
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arrearages. It is sufficient to observe, that the army were convinced, that had Congress possessed the ability, the payments would have been complete. Too many have been compelled, by their necessities to sell the evidences of their public debt, for a small proportion of the nominal sum. These unfortunate men now consider the lands promised them, as their only resource against poverty, in old age, and therefore are extremely solicitous to receive, immediately, their dues in this respect. Uninformed of, or not comprehending the cause which prevent a delivery, they pine and murmur at a four years delay.
It is presumed the quantity of land due the army will not be much less than three millions of acres. Their proportion of the quantity already surveyed, may amount to about 100,000 acres. Assuming the surveys of the last year, as a data, or even supposing double the quantity will be surveyed annually in future, yet a very long period must elapse before the whole quantity due will be delivered. A period, at which very few of those entitled to the land will be living.
The present object of this letter is to respectfully submit to Congress, the consideration of the propriety of assigning a part of land, bounded on the Ohio, and by some rivers which empty into the same, sufficiently extensive to satisfy the claims of the late army, and to direct some effectual mode free of expence by which individuals may receive their right.
In any plan for the disposal of the western territory, if a tract for the army be not assigned, they will be prevented from the benefits intended by Congress. Circumstanced as they are generally, they cannot enter into competition with rich speculators; which in some degree must be the case, if they shall not have a particular tract assigned to them, and surveyed in the most regular manner.
I have the honor to be, etc.,
H Knox1
[Note 1: 1 April 26, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 147, the following orders were given:
The Board of Treasury was ordered to report a proper device for the copper coin of the United States.
The Secretary of Congress was ordered to report an inscription for the monument of General Montgomery. See May 7 and 10, 1787.
According to indorsement was read the petition of John Wait, April 25, 1787, for settlement of arrears in pay for supplies. Papers of the Continental Congress, No. 42, VIII, pp. 398--399. See May 2, 1787.]
His Excellency
The President of Congress.
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