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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 --1THURSDAY, AUGUST 9, 1787.
Congress assembled present Massachusetts, New York New Jersey, Pensylvania, Delaware, Virginia, and South Carolina and from Rhode island Mr [James Mitchell Varnum.
The delegates of South Carolina having laid before Congress An Act of the legislature of that state empowering the delegates thereof to cede to the United State the claim of the said state to a certain tract of Western territory and the said delegates having presented to Congress a draught of a deed which they were ready to sign in compliance with the said Act provided Congress are willing to accept the said cession,whereupon it was thereupon
Resolved That Congress are ready to accept the cession of the claim of the State of South Carolina to the tract of
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Country described in the Act of the said state whenever the delegates will execute a deed conformable to the said Act.
On application from the honble., N Gorham1 stating that he has a Schooner at Boston called "The Machias, William Cowell Master bound for Mogadore in Morocco and praying for a sea letter for the said Schooner.
[Note 1: 1 The memorial of Gorham is in the Papers of the Continental Congress, No. 41, III, p. 554. It is indorsed as read and acted on August 9, 1787.]
Ordered That Sea letters in the usual form be granted for the Schooner The Machias William Cowell Master.
A motion2 having been made by the delegates of South Carolina
[Note 2: 2 According to the Committee Book, Papers of the Continental Congress, No. 190, p. 164, this motion and a convention between the states of South Carolina and Georgia were referred to a committee consisting of Mr. Henry Lee, Mr. John Armstrong and Mr. William Grayson.]
That the Convention held and concluded between the Commissioners of the States of South Carolina and Georgia at Beaufort in the State of South Carolina on the 28th. day of April in the year of Our Lord 1787 in the words following to wit "Convention between the States of South Carolina and Georgia concluded at Beaufort in the State of South Carolina on the twenty eighth day of April in the year of our Lord one thousand seven hundred and eighty seven and in the eleventh year of the Independence of the United States of America. To all to whom these presents shall come the unwritten Charles Cotesworth Pinckney Andrew Pickens and Pierce Butler esquires3 Commissioners appointed by the State of South Carolina of the one part and the underwritten John Habersham and Lachlan McIntosh Esquires a majority of the commissioners appointed by the State of Georgia of the other part, send Greeting. Whereas the State of South Carolina did heretofore present a petition to the United States in Congress Assembled and did therein set forth that a dispute
[Note 3: 3 Roger Alden takes up the entry.]
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and difference had arisen and subsisted between the States of South Carolina and Georgia, concerning boundaries;1 the said States claiming respectively the same territories, and that the case and claim of the State of South Carolina was as follows, that is to say, "Charles the second King of Great Britain by charter dated the twenty fourth day of March, in the fifteenth Year of his reign, granted to eight persons therein named, as lords proprietors thereof all the lands lying and being within his dominions of America between thirty one and thirty six degrees of North Latitude, in a direct west line to the South Seas, stiling the lands so described the province of Carolina. That on the thirtieth day of June in the seventeenth Year of his reign the said King, granted to the said Lords Proprietors a second charter enlarging the bounds of Carolina, viz. from twenty nine degrees of North Latitude, to thirty six degrees thirty minutes, and from those points on the sea coast west, in a direct line to the South Seas. That seven of the said proprietors of Carolina, sold and surrendered to George the second late King of Great Britain, all their title and Interest in the said province; and the share of the remaining proprietor was seperated from the Kings and allotted to him in the north part of North Carolina. that Carolina was afterwards divided into two provinces called North and South Carolina. That by a charter dated the ninth day of June one thousand seven hundred and thirty two, George the second, King of Great Britain granted to certain persons therein named all the lands lying between the rivers Savannah and Alatamaha and between lines to be drawn from the heads of those rivers respectively to the South Sea, and stiled the said Colony Georgia. That by the treaty of peace concluded at Paris on the tenth day of February one thousand seven hundred
[Note 1: 1 See Journals, vol. XXVIII, pp. 361, 365, 408; XXX, p. 288; and XXXI, pp. 622--629, 642, 650--654, for previous proceedings with reference to this dispute.]
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and sixty three, the river Mississippi was declared to be the western boundary of the north American Colonies; that the Governor of South Carolina in the Year one thousand seven hundred and sixty two, conceiving that the lands to the Southward of the Alatamaha, still belonged to South Carolina, granted several tracts of the said lands. That the Government of Georgia complained to the King of Great Britain; respecting those grants, as being for lands within its limits, and thereupon his Majesty by proclamation dated the seventh day of October, one thousand seven hundred and sixty three, annexed to Georgia all the lands lying between the rivers Alatamaha and St Mary, the validity of the grants passed by the Governor of South Carolina as aforesaid, remaining however acknowledged and uncontested, and the grantees of the said land or their representative still holding it as their legal estate. That South Carolina claims the lands lying between the North Carolina line, and the line run due west from the mouth of Tugoloo river to the Mississippi; because as the said State contends the river Savannah loses that name at the confluence of Tugoloo and Keowee Rivers, consequently that spot is the head of Savannah river. The State of Georgia on the other hand contends that the source of Keowee river is to be considered as the head of Savannah River. That the State of South Carolina also claims all the lands lying between a line to be drawn from the head of the River St Mary, the head of Alatamaha, the Mississippi and Florida, being as the said State contends within the limits of its charter, and not annexed to Georgia by the said proclamation of one thousand seven hundred and sixty three. The State of Georgia on the other hand contends that the tract of country last mentioned is a part of that State. The State of South Carolina did therefore by their said petition pray for a hearing and determination of the differences and dispute subsisting as aforesaid between the said State and Georgia,
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agreeable to the Articles of confederation and perpetual Union between the United States of America. And whereas the State of Georgia were duly notified of the said Petition, and did by their lawful Agents appear in order to establish their right to the premises in the manner directed by the said Articles of confederation; and proceedings were thereon had in Congress in order to the appointment of Judges to constitute a court for hearing and determining the said matter in question. And whereas it appeared to be the sincere wish and desire of the said States of South Carolina and Georgia that all and singular the differences and claims subsisting between the said States, relative to boundary should be amicably settled adjusted and compromised. And whereas the legislature of the State of South Carolina did elect the above named Charles Cotesworth Pinckney, Andrew Pickens, and Pierce Butler Esquires, Commissioners, and did invest them, or a Majority of them with full and absolute power and Authority, in behalf of that State, to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between the said State and the State of Georgia, relative to boundary and to establish and permanently fix a boundary between the two States. And the said State of South Carolina did declare that it would at all times thereafter ratify and confirm all and whatsoever the said commissioners or a majority of them should do in, and touching the premises, and that the same should be forever binding on the said State of South Carolina. And whereas the Legislature of the State of Georgia did appoint; John Houstoun, John Habersham and Lachlan McIntosh Esquires Commissioners and did invest them with full and absolute power and authority in behalf of that State to settle and compromise all and singular the differences, controversies, disputes and claims, which subsist between the said State and the State of South Carolina, relative to boundary and to
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establish and permanently fix a boundary between the two States. And the said State of Georgia did also declare that it would at all times thereafter ratify and confirm all and whatsoever the said last mentioned commissioners or a majority of them should do in and touching the premises, and that the same should be forever binding on the said State of Georgia. Now therefore know Ye, that the underwritten Commissioners on the part of the States of South Carolina and Georgia respectively having by mutual consent, assembled at the town of Beaufort in the State of South Carolina, on the twenty fourth day of this present month of April in order to the due execution of their respective trusts, and having reciprocally exchanged and considered their full powers, and declared the same legal and forever binding on both states, and having conferred together on the most effectual means of adjusting the differences subsisting between the two States and of establishing and permanently fixing a boundary between them, have agreed and by these presents for and in behalf of their respective States, do mutually agree to the following Articles, that is to say. Article the first. The most northern branch or stream of the River Savannah from the Sea or Mouth of such stream to the fork or confluence of the Rivers now called Tugoloo and Keowee, and from thence the most northern branch or stream of the said River Tugoloo till it intersects the northern boundary line of South Carolina, if the said branch or stream of Tugoloo extends so far north, reserving all the Islands in the said rivers Savannah and Tugoloo to Georgia; but if the head spring or source of any branch or stream of the said River Tugoloo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi to be drawn from the head spring or source of the said branch or stream of Tugoloo river, which extends to the highest northern latitude, shall forever hereafter form the separation limit and boundary
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between the States of South Carolina and Georgia. Article the second. The navigation of the river savannah at and from the bar, and mouth along the north east side of Cockspur Island, and up the direct course of the main northern channel along the northern side of Hutchinson's Island opposite the town of Savannah to the upper end of the said Island, and from thence up the bed or principal stream of the said River, to the confluence of the Rivers Tugoloo and Keowee, and from the confluence up the channel of the most northern stream of Tugoloo river to its source, and back again by the same channel to the Atlantic Ocean, is hereby declared to be henceforth equally free to the citizens of both States, and exempt from all duties, tolls, hinderance, interruption or molestation whatsoever attempted to be enforced by one State on the citizens of the other, and all the rest of the river Savannah to the Southward of the foregoing description is acknowledged to be the exclusive right of the State of Georgia. Article the third. The State of South Carolina shall not1 hereafter claim any lands to the eastward southward, south eastward or west of the boundary above established, but hereby relinquishes and cedes to the state of Georgia all the right title and claim which the said State of South Carolina hath to the government, sovereignty and jurisdiction in and over the same and also the right of preemption of the soil from the native Indians and all other the estate, property and claim which the state of South Carolina hath in or to the said land. Article the Fourth. The State of Georgia shall not hereafter claim any lands to the Northward or Northeastward of the boundary above established, but hereby relinquishes and cedes to the state of South Carolina all the right title and claim which the said State of Georgia hath to the government, sovereignty and jurisdiction in and over the same and also the right of pre-emption of the soil from
[Note 1: 1 Charles Thomson takes up the entry.]
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the native Indians and all other the estate property and claim which the state of Georgia hath in or to the said lands. Article the Fifth. The Lands heretofore granted by either of the said states between the forks of Tugaloo and Keowee shall be the private property of the first grantees and their respective heirs and assigns and the grantees of any of the said lands under the state of Georgia shall within twelve months from the date hereof cause such grants or authentic copies thereof ratified under the seal of the State of Georgia to be deposited in the Office of the secretary of the state of South Carolina, to the end that the same may be recorded there, and after the same shall have been so recorded, the grantees shall be entitled to receive again from the said secretary their respective grants or the copies thereof, whichsoever may have been so deposited without any charge or fee of Office whatsoever and every grant which shall not, or of which the copy certified as above mentioned shall not be so deposited shall be adjudged void. Article the sixth. The Commissioners on the part of the State of South Carolina do not by any of the above articles mean to cede, relinquish or weaken the right title and claim of any of the individual citizens of the State of South Carolina to any lands situated in Georgia particularly to the lands situated to the south or southwest of the river Alatamaha and granted during the Administration of Governor Boone in the year one thousand seven hundred and sixty three and they do hereby declare that the right and title of the said citizens to the same is and ought to remain as full strong and effectual as ff this Convention had not been made. The Commissioners on the part of the state of Georgia do decline entering into any negociation relative to the lands mentioned in this Article as they conceive they are not authorised so to do by the powers delegated to them. In testimony whereof the said Charles Cotesworth Pinckney Andrew Pickens and Pierce Butler for and in
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behalf of the State of South Carolina and the said John Habersham, and Lachlan McIntosh for and in behalf of the state of Georgia have to these presents and a duplicate thereof both indented interchangeably set their hands and affix their seals. Done at Beaufort in the state of South Carolina the twenty eighth day of April in the year of our Lord one thousand seven hundred and eighty seven and in the eleventh year of the Independence of the United States of America.
(Signed) Charles Cotesworth (L S) Pinckney
Andrew (L S) Pickens
P. (L S) Butler
John (L S) Harbersham
Lachlan (L S) McIntosh"
be ratified and confirmed and that the lines and limits therein specified shall be hereafter taken and received as the boundaries between the said states of South Carolina and Georgia for ever.
A motion was made by Mr [Nathan] Dane seconded by Mr [Samuel] Holten that the foregoing motion be committed; and on the question for commitment, the yeas and nays being required by Mr [John] Kean
{table}
So it was resolved in the affirmative.
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The Delegates ofIn Virtue of the powers in them vested the Delegates of the state of South Carolina for and in behalf of the said State executed the following deed of cession1 to the United States of America,
[Note 1: 1 The original deed of cession on parchment is in Papers of the Continental Congress, Cession of Western Lands. The Journal entry varies from the original in capitalization and punctuation.]
2To all who shall see these presents, we John Kean, and Daniel Huger the underwritten Delegates for the State of South Carolina in the Congress of the United States, send greeting,
[Note 2: 2 Roger Alden here takes up the entry.]
Whereas the General Assembly of the State of South Carolina on the eighth day of March in the Year of our Lord one thousand seven hundred and eighty seven passed an Act in the words following, viz. An Act to authorise the delegates of this State in Congress to convey to the United States in Congress Assembled all the right of this State to the territory herein described.
"Whereas the Congress of the United States did on the sixth day of September in the Year one thousand seven hundred and eighty, recommend to the several States in the Union having claims to western territory to make a liberal cession to the United States of a portion of their respective claims for the common benefit of the Union;3 And Whereas this State is willing to adopt every measure which can tend to promote the honor and dignity of the United States and strengthen their federal Union: Be it therefore enacted by the honorable the Senate and house of Representatives in General Assembly met and sitting and by the authority of the same, That it shall and may be lawful for the Delegates of this State to the Congress of the United States, or such of them as shall be assembled in Congress, and they are
[Note 3: 3 Journals, vol. XVII, p. 807.]
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hereby fully authorised and empowered for and on behalf of this State by proper deeds or instruments in writing, under their hands and seals, to convey transfer, assign and make over unto the United States in Congress Assembled, for the benefit of the said States all right, title and claim, as well of soil as jurisdiction which this State hath to the territory or tract of country within the limits of the Charter of South Carolina, situate lying and being within the boundaries and lines hereinafter described, that is to say, all the territory or tract of country included within the river Mississippi and a line beginning at that part of the said River which is intersected by the southern boundary line of the State of North Carolina, and continuing along the said boundary line, until it intersects the ridge or chain of Mountains which divides the eastern from the western waters, then to be continued along the top of the said ridge of mountains, until it intersects a line to be drawn due west from the head of the southern branch of Tugoloo river to the said Mountains, and thence to run a due west course to the River Mississippi. In the Senate house the eighth day of March, in the Year of our Lord one thousand seven hundred and eighty seven, and in the eleventh Year of the Independence of the United States of America. John Lloyd, President of the Senate. John Julius Pringle, Speaker of the house of Representatives." And whereas the said John Kean, and Daniel Huger were on the sixth day of March, one thousand seven hundred and eighty seven, elected Delegates to represent the State of South Carolina, according to the law of said State in the Congress of the United States until the first Monday in November in the said Year, one thousand seven hundred and eighty seven, which election remains in full force, and the said John Kean and Daniel Huger are the lawful Delegates of said State in the Congress of the United States. Now therefore know Ye, that we the said John Kean and Daniel
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Huger by virtue of the power and authority to us committed by the said Act of the General Assembly of South Carolina before recited, in the name and for and in behalf of the State of South Carolina, do by these presents, assign, transfer, quit claim, cede and convey to the United States of America for their benefit, (South Carolina inclusive) all the right, title, interest Jurisdiction, and claim which the State of South Carolina 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 ninth day of August in the Year of our Lord one thousand seven hundred and eighty seven, and of the Sovereignty and Independence of America the twelfth. John Kean (L S) Daniel Huger (L S) signed, sealed and delivered in presence of Charles Thomson, Roger Alden, Benjamin Bankson.
[Report of committee on Indian Affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 27, pp. 341--344, in the writing of Mr. Nathan Dane. It is indorsed as read August 9, 1787 and order of the day for Monday next. Also indorsed by Thomson "This superseded by the appropriation of 20,000 dollars for Indn. treaties and the order to Govr. of West terry to hold a treaty with Ind if he find it necy. 12 and 22 Oct 1787." There is a broadside of this report on page 345. It is indorsed by Alden "one paragraph respecting holding treaties agreed to by amendment. Oct [5,] 1787." The paragraph in question is corrected to read in conformity with the Journal entry of October 5, q.v. On the margin of this paragraph is the notation by Thomson "Agreed to Sept 22", which is apparently an error. This Committee was appointed July 31, 1787. See October 12 and 22, 1787.]
The Committee, consisting of Mr. [Nathan] Dane, Mr [Benjamin] Hawkins, Mr. [John] Kean, Mr [William] Irvine, and Mr. [Edward] Carrington, to whom were referred the report of the Secretary at war, and sundry papers relative to Indian Affairs in the Northern Department, report in part,
That from the papers and evidence before them, it appears, first, that several tribes in the said Department, express much uneasiness about the surveys undertaken North West of the Ohio, and discover
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a hostile disposition to oppose them, as well as to revenge what they seem to consider unprovoked attacks on some of their people by the frontier settlers. Secondly, that an extensive Confederacy of many of the tribes in that Department, has been formed, with much labor and attention, under the influence of Brant and his adherents, and for purposes not fully disclosed. thirdly that the Indians are dissatisfied with the forms, in which, treaties between them and the United States, have been lately conducted, and fourthly, that the confederated tribes are desirous of treating collectively with the United States.
On these subjects the Committee Observe that treaties have been lately concluded at different times between the United States and many of the said tribes; and that the tribes which possessed the lands North West of the Ohio, now supposed to belong to the United States by purchase, relinquished them for a stipulated consideration. that the Confederated tribes now complain that these lands were not purchased of the Indian Nations, the proper proprietors of them. the Committee conceive that Indians claims, especially to large tracts of hunting grounds, must often be undefined, and interfere with each other. nor do they discover, in the present Case, any evidence, by which it can be determined, what tribes can Justly set up Claims to the lands in question. to discuss these Claims, if possible, must, probably be difficult and expensive; but to quiet them in some form or other appears to the Committee, to be highly expedient, and necessary as a previous measure to the advantageous disposition of the Western lands. the Committee discern but two ways practicable to effect this object, the one is to silence the Indians by making a vigorous war upon them, the other is by holding a general treaty with the tribes which make claims to those lands, and adjusting all disputes about them, holding all former treaties good and valid between the parties to them.
Various circumstances evince that a war, or measures for such a treaty must, in the course of a year or two at furthest [soon] take place. the uneasiness and restless disposition of those tribes appear to be increasing; great pains are taken to excite their Jealousy against the United States, and especially to alarm their fears and to increase enmity towards the settlements near them, whether there are Causes or not for this hostile temper in the Indians, cannot be material; they will be governed by their feelings and what they are induced to beleive, and the United States must guard against those disagreeable
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events which appear probable. there are the strongest reasons for preferring peace with the Indians to war, especially, in the present situation of public affairs. the Indians appear to act a natural part for men in their situation, they express a concern about their lands and their desire of peace with the United States, in whose power and limits they are, and the Committee are not convinced that a war, under present circumstances, would be consistent with Justice or humanity, but whether so or not, clear it is, that it cannot be consistent with the Interest and policy of the Union. a war with the Confederated tribes must be very expensive, and attended with many evils, however, favourably it may terminate for the United States. it may be followed by connections and events injurious to them, and in any event, probably can any [no] object [can] be obtained by it which may not [probably] be obtained by measures leading to peace and friendship at one hundreth part of the trouble and expence. while the United States can preserve peace with the Indians, within their limits, those Indians may be of real advantage to them. peace therefore, on the most effectual and economical plan, and a regular trade, are clearly the objects to be pursued. the Committee convinced, however, that the forms and measures lately adopted in treating with the Indians are not the most eligible, or at all calculated for effecting the objects in view, but these may easily be changed, and probably, the connections formed among the tribes may be promotive of a better system.
Instead of holding frequent treaties with tribes, separately, which can have no permanent effect upon the temper of the Indians, or tendency to produce a general acquiescence in them to the cessions made of any of their lands, the Committee submit to the consideration of Congress the propriety of promoting general treaties, and collecting the Chiefs of many tribes to the same treaty, where all Interests relative to the same subject may be adjusted. treaties in this case may become less frequent, and less expensive. Instead of lavishing presents upon all kinds of people in the tribes, may it not be eligible to select out carefully the chief and respectable men in them and bestow on them more durable presents, commissions and marks of their rank and distinction; and tools of husbandry upon the more industrious tribes who may be disposed to live by agriculture? instead of a language of superiority and command; may it not be politic and Just to treat with the Indians more on a footing of equality, convince them of the Justice and humanity as well as power of the
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United States and of their disposition to promote the happiness of the Indians? and instead of attempting to give lands to the Indians to proceed on the principle of fairly purchasing of them and taking the usual deeds? In conformity to these facts and reasonings the Committee submit the following Resolutions as the ground work of a general treaty
Resolved that a general treaty be held with the tribes of Indians within the limits of the United States inhabiting the Country North west of the Ohio and About Lake Erie, as soon after the first of April next as conveniently may be and at such place, and at such particular time, as the Commissioners on the part of the United States, and the said tribes shall agree upon, for the purposes of knowing the Causes of uneasiness among the said tribes, and hearing their complaints; of regulating trade and amicably settling all affairs concerning lands and boundaries between them and the United States.
Resolved that two Commissioners be appointed, who in conjunction with the Superintendant of the Northern Department, shall be authorised to hold the said treaty, agreeable to such instructions as shall be given them for that purpose.
Resolved, that a sum not exceedingDollars, be appropriated for the said treaty, which sum shall include all the objects thereof.
Resolved, that the board of Treasury purchase such articles of Indian goods, not exceeding in valueDollars, in addition to those now in possession of the Superintendant, as shall, in the opinion of the Commissioners be proper for holding the said treaty.
Resolved, that the Secretary at war direct one or two companies of the troops of the United States to receive the orders of the said Commissioners.
Resolved that the Superintendant for the Northern Department be directed to communicate to the chiefs of the tribes who joined in the representation to Congress dated theday of December last, and to the chiefs of such other tribes, in his Department, as can conveniently be assembled to a general treaty, the contents of the first and second resolves aforesaid, and to inform the said chiefs that Congress have duly considered all they have heard from the Indians and to give all parties time to prepare for a general treaty for settling all affairs, and fully to convince the Indians of the Justice, and sincere friendship, for them of the United States that Congress have proposed to hold the treaty early next Spring, and wish the Indians to meet
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their Commissioners accordingly. that he be directed, in discharging the duties of his office, to pay particular attention to the ascertaining who are the true chiefs and most respectable and influential men in the said tribes, and in their principal towns, their names and rank, in order that medals, gorgets, Commissions, and rifles may be presented to them, on proper occasions, according to their distinctions and also what tribes there are to which it may be proper to give tools of husbandry.
[Report of committee respecting treasury department1]
[Note 1: 1 Papers of the Continental Congress, No. 26, p. 657, in the writing of Mr. Nathan Dane. It is indorsed as read August 9; order for Monday next. Passed September 21, 1787. The Committee was appointed August 3. A broadside of the report with Mss. changes to make it read as passed, is on p. 659. See August 2, 1787.]
The Committee consisting of Mr [Nathan] Dane, Mr [Abraham] Clark, Mr [James Mitchell Varnum, Mr [Richard Henry] Lee, and Mr [William] Grayson to whom it was refferred to consider what officers in the Civil Department are become unnecessary and to whom also was referred a motion of Mr [Nathan] Dane respecting the Department of the Treasury, report the following resolutions.
Resolved that the board of Treasury, consisting of three Commissioners, instituted and appointed by and in pursuance of the ordinance of Congress passed May 28th. 1784 for putting the Department of finance into Commission, with all the powers and duties pertaining to the said board and Commissioners be, and the same are hereby continued to the tenth day of November A.D. 1789.
Resolved that the Offices of Comptroller and Auditor, and the Clerkships pertaining thereto, from and after the first day of September next, shall cease and determine, and the powers and duties thereof shall be transferred to the board of Treasury, and after the same period shall vest in, and be exercised and discharged by the said board and by persons appointed by the said board; and the said board, for the despatch of the business thus transferred, shall have authority to employ an accountant and allow him [whose] salary not [shall not] exceed ing the rate of 800 Dollars per annum, and not more than two Clerks.
Resolved that when the said offices shall cease as aforesaid, that all the books and papers pertaining thereto shall be lodged in the office of the said board of Treasury.
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Resolved that the said accountant and Clerks shall respectively take an oath of fidelity to the United States and the oath of office, and the Commissioners of the said board shall, severally, before the tenth day of November next, renew their bonds given to the United States in pursuance of the resolutions of Congress of February the 3d. and March 15th. 1785, or give bonds and security to the United States of the same tenor force and effect as those directed by the said Resolutions for the faithful execution of the trust reposed in them by these resolves or any other Acts of Congress; and shall also take an Oath of fidelity to the United States and the Oath of Office certificates of which shall be fried with the Secretary of Congress.
Resolved that not more then two Clerks be employed after the first day of September next and in the Office of the Secretary at war.
[Report of committee on memorial of A. Jameson 1]
[Note 1: 1 Papers of the Continental Congress, No. 19, III pp. 275--276, in the writing of Mr. Edward Carrington. It is indorsed as read August 9, and passed September 28, 1787. The committee was appointed August 2, 1787.]
The Committee consisting of [Mr. Edward Carrington, Mr. Dyre Kearny and Mr. James Scheurman] to whom was referred the Memorial of Adam Jameson late deputy Commissary of Issues in the southern Army, report.
That it appears from several certificates accompanying the said Memorial, that the Memorialist conducted himself as deputy Commissary of Issues with integrity and diligence, that when he was about to leave the army he packed up his Books and papers, and deposited them with Major Crump Assistant Deputy Qr. Mr. to be forwarded to Philadelphia, where he was to have settled his Accounts; that these Books and papers have been lost through the precariousness of the communication which, at that time, existed between the southern Army and that City, and that the measure he took for having the said Books and papers transported, was the only one which could be attempted: It also appears to your Committee that the quantities of provisions attainable in the memorialist's department, were so small that very little loss can have happened through carelessness or misapplication, and therefore the public can he exposed to but little, or no, injury, in a liberal mode of settling his Accounts, whereupon the following Resolution is submitted.
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That the Commissioner of Accounts for the Commissaries Department, be authorised and impowered, to settle the accounts of Adam Jameson late Deputy Commissary of Issues, upon the best evidence which, in the nature and circumstances of the case, can be obtained; it appearing to Congress that his Books and papers have been lost and that the same happened through no fault or misconduct of him the said Adam Jameson.
[Report of committee on representation of delegates of Massachusetts and New York 1]
[Note 1: 1 Papers of the Continental Congress, No. 20, I, p. 193. This report was delivered August 6, 1787, when no business was transacted. It was probably read August 9, and is indorsed as superseded by a motion of October 8, 1787. See April 24, 1787.]
The committee [consisting of Mr. William Samuel Johnson, Mr. Abraham Clark and Mr. James Mitchel Varnum] to whom was referred the letter of the delegates of Massachusetts and New York, dated the third day of April A D 1787, representing "that the Controversy between the said two States respecting territory having ceased, it is therefore become unnecessary that the Federal court, for the appointment whereof proceedings have been had in Congress, should convene". report.
That the manner in which said controversy has ceased, should be fully represented to congress; And that if any agreement hath been entered into between commissioners of the said States duly authorised for that purpose, the same, or an authenticated transcript thereof, should be filed in the Secretary's office. 2
[Note 2: 2 August 9, 1787. According to indorsement was read a letter from Beverley Randolph, Governor of Virginia, to the Virginia delegates, dated August 1, respecting Indian affairs and enclosing a copy of a letter from Colonel Joseph Martin to Governor Edmund Randolph, June 28, 1787. Papers of the Continental Congress, No. 71, II, pp. 573, 575--578.]
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