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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 --TUESDAY, OCTOBER 23, 1787.
Congress assembled present as before.
On motion3 of Mr [Nathan] Dane seconded by Mr H[enry] Lee
[Note 3: 3 Papers of the Continental Congress, No. 19, III, p. 513½ in the writing of Mr. Nathan Dane. See September 24 and 25, 1787.]
Resolved That the board of treasury be directed to defend the suit of Colbreath and others against A Lee and others late commissioners for treating with the Indian Nations.
On the report4 of a committee consisting of Mr [John] Kean Mr [Abraham] Clarke and Mr [William] Grayson to whom were referred draughts of Commissions for the Governor the Secretary and the Judges of the territory of the United States North West of the river Ohio
[Note 4: 4 Papers of the Continental Congress, No. 30, pp. 135--141, in the writing of Mr. John Kean. Read October 23, 1787. These proceedings were entered by John Fisher in Western Territory Papers of the Continental Congress, No. 176, pp. 17--20.]
Resolved That the following forms be adopted
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For the Governor
The United States in Congress Assembled to A. S. Esqr
We reposing special trust and confidence in your integrity prudence and ability have constituted and appointed and by these presents do constitute and appoint you the said A. S. Governor in and over the territory of the United States of America north west of the river Ohio and commander in chief of the militia therein, to order rule and govern the same conformably to the Ordinance of the 13 July 1787 entituled "An Ordinance for the government of the territory of the United States north west of the river Ohio" which is hereto affixed And we do hereby give and grant to you the said A S all the powers authorities and prerogatives assigned to the governor of the said territory in and by the said Ordinance. And we do strictly enjoin all persons to pay due Obedience to this our commission. This commission to take effect from the first day of february 1788 and to continue in force for the term of three years thereafter unless sooner revoked by Congress. In testimony &c.
For the Secretary
The United States in Congress Assembled to W. S esqr.
We reposing special trust and confidence in your fidelity diligence and integrity have constituted and appointed and by these presents do constitute and appoint you the said W S Secretary in and for the territory of the United States north west of the river Ohio to execute and perform all the duties directed by the Ordinance of the 13th. July 1787 entituled "an Ordinance for the government of the territory of the United States north west of the river Ohio which is hereto annexed, giving to you the said W S all the powers and authorities assigned to the Secretary of the said territory in and by the Ordinance Aforesaid, and we do enjoin all persons to pay due Obedience to this our commission. This Commission
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in take effect from the first day of feby 1788 and in continue in force for the term of four years thereafter unless sooner revoked by Congress. In Testimony &c.
For the Judges1
[Note 1: 1 The original commission on parchment of John Armstrong, jr., one of the judges, dated October 23, 1787, is in Papers of the Continental Congress, No. 59, I, p. 233.]
The United States in Congress Assembled to--
We reposing special trust and confidence in your widsom Uprightness and integrity have constituted and appointed and by these presents do constitute and appoint you the saidOne of the Judges in and over the territory of the United States north west of the river Ohio with full power and authority in conjunction with one or more of the judges of the said territory to form a court with all the powers and authorities incident to a court having a common law jurisdiction and to exercise all such powers and perform and execute all the duties directed by the Ordinance of the 13 July 1787 entituled An Ordinance for the government of, the territory of the United States north west of the river Ohio which is hereto affixed, giving in you the saidall the powers and authorities assigned to a judge of the said territory in and by the Ordinance aforesaid and we do enjoin all persons to pay due Obedience to this our commission. This commission to continue and be in force during good behaviour or during the existence of the government established by the Ordinance aforesaid, you residing within the said territory. In Testimony &c.
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On motion1 of Mr [John] Kean seconded by Mr [Henry] Lee
[Note 1: 1 Papers of the Continental Congress, No. 30, pp. 133--134, in the writing of Mr. John Kean. On the back of this motion are what appear to be two proposed amendments, as follows: (a) "provided that each tract shall extend from the Ohio to the continuation East and West line as run by the Georgrapher" and (b) "provided that no gift of land be made for seminaries of learning except in proportion to the grant of Sagt. and Cr."]
Resolved That the board of treasury be and they are hereby authorised and empowered to enter into contracts in behalf of the United States with any person or persons for any quantity of land in the Western territory, the Indian rights whereon have been extinguished, not less than one Million of Acres in One body upon the same terms as it respects price, payment and surveying with those directed in the contract with M Cutler and W Sargent on the 23 and 27th of July last2 provided that no tract contracted for shall have a front on the Ohio, Mississippi, Wabash or Illinois rivers exceeding one third of its depth from the said rivers And provided that no gift of land be made for seminaries of learning or other purpose than those contained in the Ordinance3 of the 20th May 1785 except the quantity contained in any one contract shall contain a quantity greater or equal to the aforementioned contract of Cutler and Sargent, and that the said contract shall be in4 a state as described by the fifth Article of the Ordinance for the government of the territory of the United States Northwest of the river Ohio passed the 13 of July 1787, other than that wherein the contract of the said Cutler and Sargent is.
[Note 2: 2 In the original motion the clause "provided ...... said rivers" read as follows, "Provided that no tract contracted for shall have a front on any navigable water exceeding one half its length from the said navigable water."]
[Note 3: 3 Journals, vol. XXVIII, pp. 375--381.]
[Note 4: 4 From this point to the end of the resolve the original motion reads as follows, "a district as described by the resolve of the 13th day of July 1787 other than that wherein the contract of the sd. Cutler and Sargent is".]
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When the foregoing resolution was under debate a Motion1 was made by Mr [William] Grayson seconded by Mr [Lambert] Cadwallader to postpone the Consideration thereof in order to take up the following viz "That the board of treasury be authorised to enter into contracts with any person or persons for any quantity of land in the Western territory the indian titles whereof have been extinguished not less than one million of Acres on similar terms and principles with those of the contracts heretofore entered into, provided that no tract of land thus contracted for shall have a front on the Ohio Miami, Wabash or Mississippi exceeding one third of its depth from the said rivers respectively"
[Note 1: 1 Papers of the Continental Congress, No. 30, p. 133½ in the writing of Mr. William Grayson.]
And on the question to postpone for the purpose above mentioned the yeas and Nays being required by Mr [William] Grayson
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So the question was lost.
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