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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, JULY 2, 1788.
Congress assembled present New hamshire Massachussetts Rhode island Connecticut New York New Jersey,
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Pensylvania Virginia North Carolina South Carolina and Georgia and from Maryland Mr [Benjamin] Contee.
The Comee . consisting of Mr . [Nathan] Dane, Mr [Abraham] Clarke Mr [Abraham] Baldwin Mr [Hugh] Williamson and Mr [Pierpont] Edwards to whom was referred the Supplement to an ordinance entitled an Ordinance for ascertaining the mode of disposing of lands in the Western territory, reported another draught which was read a first time.
[Report of committee on supplement to the land ordinance1]
[Note 1: 1 Papers of the Continental Congress, Miscellany, in the writing of Mr. Nathan Dane and John Fisher. Read July 2, 1788. Printed copies of this report, used for the second reading, are in Papers of the Continental Congress, Broadsides. The portions underlined by the editor were struck out from or amended in the original report during debate. See March 19, June 19, July 7 and 9, 1788.]
A Supplement to an ordinance entitled an ordinance for assertaining the mode of disposing of lands in the Western Territory.
Whereas it is found to be inconvenient to execute that part of the land ordinance2 passed May 20th . 1785 which directs that certain proportions of lands be allotted to the several States, to be sold by the loan officers in each State; and whereas a sufficient quantity of lands for satisfying the bounties due to the late army was appropriated set apart by the Act3 of Congress passed the 22d . of October last, whereby further draughts for satisfying military bounties in lands from the townships lately surveyed, are become unnecessary
[Note 3: 3 Journals, vol. XXXIII, pp. 695--696.]
Be it ordained by the United States in Congress Assembled, that so much of the said ordinance passed May the 20th . 1785, as ordains, that certain parts of the townships therein directed to be surveyed, shall be drawn for in the name of the thirteen States respectively according to the quotas in the last preceeding requisitions in all the states, in order that the same be sold by the said loan officers; and also that the Secretary at war shall take by lot from the townships when surveyed, certain proportions of land for the use of the late Army, so far as the same may respect future draughts, be, and the same are hereby repealed.
Be it further ordained, that the board of Treasury be, and they hereby are authorised and directed to sell those parts of the seven
[Note 2: 2 Journals, vol. XXVIII, pp. 375--381.]
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ranges of townships surveyed in the Western Territory, which are not already sold or drawn for the use of the late Army, in the same manner, on the same conditions, and under the same restrictions and limitations as were prescribed in the resolutions1 of Congress of April 21st . 1787 except as to the place of sale and the daily continuance thereof, which may be so far varied, that the said board may commence the sales at New York or Philadelphia, and adjourn the same from time to tune to any part or parts of the United States, which they may judge most proper for the purpose.
[Note 1: 1 Journals, vol. XXXII, p. 226.]
Be it further ordained that the secretary at war issue warrants for bounties of land to the several officers and soldiers of the late Continental Army, who may be entitled to such bounties, or to their respective assigns or legal representatives, certifying therein the rank or station of each officer, and the line, regiment, corps and company in which the officer or soldier had served.
Be it further ordained that the Geographer by warrant under his hand and seal, appoint one surveyor to each of the two tracts or districts of land set apart for satisfying the said bounties, by the Act of Congress of the 22th . of October last, and that the persons entitled to lands by virtue of warrants issued as aforesaid shall be at liberty to locate them on any part of the two tracts of land set apart as aforesaid, provided that each location and survey shall be bounded on one side by one of the external boundarys of one of the tracts aforesaid or by some prior survey therein, and the external lines of each survey shall run East and West, North and South, except where the same may bind upon a river, and the several surveys shall be in squares, unless where restrained by rivers, or by the lines of former surveys.
And in all Cases where a survey shall be bounded by a navigable river on any one side, or a navigable river shall pass through the same it shall extend twice as far back from or across such river as upon it, and no interstices shall be left between surveys less than a mile wide, and all the lands to which any person may be entitled shall be laid off to him in one entire survey.
Be it further ordained that each surveyor upon making any survey shall protract and lay the same down on a general map to be kept and preserved, and shall number the surveys in each of the said tracts, in the order in which they shall be made, which shall be in the order the warrants shall be presented and shall make a record of each survey
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in a book to be kept for that purpose, and make out and deliver a copy of the survey certified under his hand, to the proprietor or proprietors thereof, and the surveyor shall retain1 in his hands all warrants by him laid out and located until he can transmit the same to the Board of Treasury, which he shall do within one year after laying out the land, certifying thereon under his hand that the same is satisfied. That the Surveyors to be appointed as herein before directed, shall be entitled to receive for the services enjoined them by this Ordinance so much only as shall be allowed and fixed by the Governor and Judges of the Western Territory and shall be liable to be displaced by the Geographer for Neglect of duty or other misbehaviour; in which case he shall supply any Vacancy so happening by a New appointment.
[Note 1: 1 John Fisher takes up the copy.]
That each Surveyor who may be appointed under this Ordinance before he enters upon the duties of his Office shall take an Oath or affirmation, that he will justly and truly execute the trust reposed in him as Surveyor of a district of land in the Western Territory according to the best of his skill and understanding without favor or partiality. Which Oath or Affirmation shall be taken before the Governor or either of the Judges of the Western Territory or one of the Justices of the Supreme Court in either of the United States, and being duly attested shall be transmitted to the Secretary of Congress to be by him filed of record.
That the Maps and Records before mentioned, shall at all times be subject to the Orders of Congress, to be removed or deposited whereever they shall direct.
That if any Officer or Soldier, or Assignee or Grantee of either shall desire to have their bounty of land allotted in the Townships or fractional parts thereof, lately drawn for the Army by the Secretary at War out of the first four ranges of Townships Surveyed, west of the Ohio, and shall cause such his desire in writing, together with his land warrant to be deposited in the Office of the Secretary at War, the said Secretary, whenever warrants sufficient to cover the land so drawn shall be deposited in his Office for that purpose, shall cause the land to be divided among such applicants by lot, according to their respective rights, for which Surveys shall be made out and delivered to the several proprietors signed by the Geographer of the
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United States, which Surveys shall be recorded in a book by the Geographer and lodged in the Treasury Office.
And whereas lands are set apart for satisfying Military bounties not only in the said districts and Townships, but also within the limits of purchases made by Several Companies
Be it further Ordained that each Officer or Soldier his Assignee or grantee when he shall receive his land warrant from the said secretary shall determine in what district or purchase to take his lands which shall be expressed on the warrant accordingly and the persons who and persons who have purchased tracts of the federal lands shall have credit for so much land as the warrants issued as aforesaid and delivered by them to the Board of Treasury cover, provided that in no case deductions on Account of Military bounties shall exceed one Seventh part of the purchase.
Whereas Congress on the 13th . day of September 1783 fixed the Terms and Conditions1 upon which they would Accept a cession of Claims to western Territory from the State of Virginia; and Whereas the Said State on the 20th day of October 1783 agreed to the same terms and Conditions, and by her Act2 authorised her delegates in Congress to convey, transfer and assign to the United States the right, title and claim of the said State to the lands within her Charter, and Northwest of the River Ohio, on the said terms and Conditions proposed by Congress, and the said Delegates made a Conveyance accordingly, on the said Conditions among which Conditions is the following, to wit, "That in case the quantity of good lands on the South-east side of the Ohio upon the waters of Cumberland river and between the Green river and Tenessee river which have been reserved by law to the Virginia troops upon Continental establishment should from the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops in good lands to be laid off between the Rivers Scioto and little Miami on the North-west side of the River Ohio in such proportions as have been engaged to them by the laws of Virginia." And whereas the said deficiency of lands on the south-east side of the Ohio has not in any manner been ascertained to Congress, nor has it been alledged by the said State or troops that there is any deficiency of such lands on the
[Note 1: 1 Journals, vol. XXV, pp. 559--564.]
[Note 2: 2 Papers of the Continental Congress, No. 75, pp. 388--391, attested copy.]
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said South-East side of the Ohio, either from the bearing in of the said North Carolina line further than was expected, or from any other cause, which deficiency ought to be shewn previously to lands being laid off for the said troops between the said Rivers Scioto and Miami.
Be it further Ordained that no part of the said tract of land between the Rivers little Miami and Scioto shall be disposed of by the United States within the terra of two years from the passing of this Ordinance, in order that Sufficient time may be given to the State of Virginia or those entitled to bounties under the said State to ascertain the quantity of land on the Northwest side of the Ohio, requisite to make good the deficiency mentioned in the deed of Cession.
Ordered1 That it be read a second time on Monday next. The State of New hampshire having ratified the constitution transmitted to them by the Act of the 28 of Septr last and transmitted to Congress their ratification2 and the same being read, the president reminded Congress that this was the ninth ratification transmitted and laid before them, whereupon
[Note 1: 1 This order was indorsed on the report by Charles Thomson.]
[Note 2: 2 Department of State. See Documentary History of the Constitution, vol. 2, pp. 141--144.]
On Motion3 of Mr [Abraham] Clarke seconded by Mr [Pierpont] Edwards
[Note 3: 3 Papers of the Continental Congress, No. 23, p. 331, in the writing of Mr. Nathan Dane.]
Ordered That the ratifications of the constitution of the United States transmitted to Congress be referred to a comee .4 to examine the same and report an Act to Congress for putting the said constitution into operation in pursuance of the resolutions of the late federal Convention.
[Note 4: 4 According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 197, the committee consisted of Mr. Edward Carrington, Mr. Pierpont Edwards, Mr. Abraham Baldwin, Mr. Samuel Allyne Otis and Mr. Thomas Tudor Tucker. It reported July 8, 1788. See July 9, 14, 28 and September 13, 1788.]
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On the question to agree to this Order the yeas and nays being required by Mr [Abraham] Yates
{table}
So it passed in the affirmative.
A motion1 being made by Mr [Nathan] Dane seconded by Mr [Daniel] Huger
[Note 1: 1 Papers of the Continental Congress, No. 29, p. 345, in the writing of Mr. Nathan Dane. This is identical with the resolves entered below down to and including the word "conveyances". The motion was indorsed by Roger Alden as passed July 3, 1788.]
That the contract2 made by John Adams esqr minister plenipotentiary in behalf of the United States of America on the 13th of March 1788 for the loan of one Million of gilders be ratified.
[Note 2: 2 See June 25, 1788. See also May 28 and June 3, 1788.]
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And on the question to agree to this the yeas and nays being required by Mr [Abraham] Yates
{table}
So it was
Resolved That the contract made by John Adams Esqr minister plenipotentiary in behalf of the United States of America on the thirteenth of March 1788 for the loan of one million of Guilders be and it is hereby ratified.
Resolved That three fair copies1 of the contract with the ratification in the form of that agreed to on the first of feby 1785 mutatis mutandis endorsed on each copy be made out and duly attested and that the Secy for the department of foreign affairs transmit the same by several conveyances to Mr T. Jefferson Esq minister plenipotentiary of the United States at the Court of France.
[Note 1: 1 A copy of the translation of the contract with a clause of ratification, in the writing of Henry Remsen, jr., with the seal of the United States, dated July 4, 1788, and signed by Cyrus Griffin, President, and Charles Thomson, Secy., is in Papers of the Continental Congress, Miscellany.]
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On the report1 of a comee . consisting of Mr [Nathan] Dane Mr [Abraham] Baldwin Mr [Paine] Wingate Mr [Pierpont] Edwards and Mr [Hugh] Williamson to whom was referred a report2 of the board of treasury on memorials of Samuel Nicholson.
[Note 1: 1 See June 27, 1788.]
[Note 2: 2 See June 25, 1788. See also June 18 and 20, 1788.]
Resolved That the board of treasury be and they are hereby authorised and directed on such evidence considering all the circumstances of the case as they may deem satisfactory to ascertain the number and value of the prizes which were captured in the year 1777 by the ship Reprisal commanded by Capt Weeks the Sloop Dolphin commanded by captain Saml Nicholson and the brig Lexington commanded by captain Johnson and which were delivered into the possession of Thomas Morris, one of the commercial agents in France for the United States, and that the commissioner of accounts in the Marine department according to such estimate as shall be made by the said board be and he is hereby authorised and directed to ascertain the amount of the respective shares in the prizes included in such estimate to which the Officers and crews of the said ship, sloop and Brig may severally be entitled and settle accounts between them and the United States accordingly.
Resolved That Mr Robert Morris surviving partner and Administrator of the late Thomas Morris one of the commercial Agents for the United States in the kingdom of Franco be required to transmit to the board of treasury all the accounts and vouchers relative to the public transactions of the deceased in Order that an adjustment may be made of the same with the administrator agreeably to the intention of the act3 of Congress of the 4th . of Septr 1778.
[Note 3: 3 Journals, vol. XII, p. 879.]
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On motion1 of Mr Williamson [Abraham] Clarke seconded by Mr [Jonathan] Dayton
[Note 1: 1 Papers of the Continental Congress, No. 30, p. 333, in the writing of Mr. Hugh Williamson. The indorsement of Roger Alden ascribes the motion to Mr. Hugh Williamson.]
Resolved2 That the sum of twenty thousand dollars in addition to the fourteen thousand dollars already appropriated be appropriated for defraying the expences of the treaties which have been ordered or which may be ordered to be held on the present year with the several Indian tribes in the northern department, and for extinguishing the Indian claims; the whole of the said twenty thousand dollars together with six thousand dollars of the said fourteen thousand dollars to be applied solely to the purpose of extinguishing Indian claims to the lands they have already ceded to the United States by obtaining regular conveyances for the same, and for extending a purchase beyond the limits hitherto fixed by treaty; but that no part of the said sums be applied for any purpose other than those above mentioned.
[Note 2: 2 This resolve was entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, pp. 36--37. For committee report see May 20, 1788. See also March 18, 24, May 2 and 18, 1788.]
3On the report4 of a comee . consisting of Mr [Nathan] Dane Mr [William] Irvine Mr S[tephen] M[ix] Mitchel Mr [Edward] Carrington and Mr [John] Brown to whom was referred a report5 of the Secy at War on a letter6 of the 14
[Note 3: 3 The following proceeding on Additional instructions to the Governor of the Western territory is marked with dots on the margin to indicate transfer to the Secret Journal. It was entered by John Fisher in the Secret Journal Domestic, Papers of the Continental Congress, No. 3, pp. 238--239 (246--247) and in Western Territory, Papers of the Continental Congress, No. 176, pp. 37--38.]
[Note 4: 4 See May 20, 1788.]
[Note 5: 5 See May 2 and 18, 1788.]
[Note 6: 6 See March 18 and 24, 1788.]
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March from the Govr . of the Western territory, Congressagreed to the following
Additional instructions to the govr . of the territory1 of the United States north West of the river Ohio, relative to the treaty to be held with the western Indians, in pursuance of the resolutions of Congress passed in October last.
[Note 1: 1 Roger Alden takes up the entry.]
Sir, An additional sum of twenty thousand dollars has been appropriated for the purposes of procuring a permanent peace with the Indian Tribes, with which You are authorised to hold a treaty.2 This Sum and 6000 dollars out of the 14,000 heretofore appropriated for holding the said treaty are particularly directed to be applied solely to the purpose of obtaining a boundary advantageous to the United States, between them and the said Indian Tribes; and for further extinguishing by purchase Indian titles in case it can be done on terms beneficial to the Union.
[Note 2: 2 Charles Thomson interlined the first part of the following sentence.]
But it is not expected that any further purchases of lands will be made unless on terms evidently advantageous to the United States, or that any part of the said additional sum will be expended but in cases apparently necessary.
In fixing a boundary between the United States and the Indian tribes, instead of the East and West line mentioned in your Instructions, You will endeavour to establish an East and West line as far North as the completion of the forty first degree of north Latitude.3 In yr . negociations with the Indians you will make immediate payments so far as you shall have monies in hand, but in case you shall find it necessary to engage any considerable part of the sd . additional sum, you are to stipulate that the payments thereof, be made in two or three equal payments annual instalments, the first to be as late in the year 1789 as can be obtained.
[Note 3: 3 Charles Thomson resumes the entry.]
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The Committee1 to whom was referred the report2 from the Comee of the whole on the address and resolutions from the district of Kentucky being, at their desire, discharged, therupon a motion3 was made by Mr [John] Brown seconded by Mr [Edward] Carrington for the purpose of ratifying and confirming the Compact between the State of Virginia and the said district.
[Note 1: 1 Appointed June 3, 1788.]
[Note 2: 2 See February 29 and June 2, 1788.]
[Note 3: 3 Papers of the Continental Congress, No. 20, pp. 337--338, debated July 3, 1788.]
Ordered that the consideration of this motion be postponed till the order of the day for to morrow.4
[Note 4: 4 July 2, 1788. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 35, was received (read) a letter of Samuel Huntington to Charles Thomson, June 24, 1788, acknowledging receipt of sundry letters. Papers of the Continental Congress, No. 66, II, p. 390.]
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