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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, JULY 17, 1788.
Congress assembled, present New hampshire Massachusetts Rhodeisland Connecticut New York, The thirteen states.
On the report1 of a comee . consisting of Mr [Hugh] Williamson Mr [Nathan] Dane and Mr [Edward] Carrington to whom was referred a motion2 of Mr [Hugh] Williamson
[Note 1: 1 Papers of the Continental Congress, No. 30, p. 429, in the writing of Mr. Hugh Williamson.]
[Note 2: 2 See July 16, 1788.]
Resolved3 That the Geographer be and he is hereby authorised to appoint such surveyors as he shall think are best qualified to discharge the duties of that office without any reference to former appointments to each of whom, as also to the chain carriers whom they may employ shall be administered the oath prescribed by the Ordinance4 of May 20th 1785.
[Note 3: 3 This resolve together with the preamble of Dane's motion and the resolves on this subject were entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, pp. 51--54.]
[Note 4: 4 Journals, vol. XXVIII, 375--381.]
That there shall be allowed to each surveyor at the rate of two dollars per mile for every line he shall run on the river Ohio and three dollars per mile for every other line he shall actually run in executing large surveys including the wages of Chain-carriers, markers and every other expence direct or indirect that may attend the same.
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On motion1 of Mr [Nathan] Dane seconded by Mr [Hugh] Williamson,2 Whereas Congress on the 13th of September 1783 fixed the terms and conditions3 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 of October in the same year agreed to the same terms and conditions, and by her act4 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 terms and conditions proposed by Congress; and the said Delegates made a conveyance5 accordingly on the same conditions; among which conditions is the following, to wit, "That in case the good lands on the southeast side of the Ohio, upon the waters of Cumberland river and between the green river and Tenesee 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 river 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 it has not in any manner been alledged or stated to
[Note 1: 1 Papers of the Continental Congress, No. 30, pp. 147--149, in the writing of Mr. Nathan Dane. See March 12, August 28 and September 1 and 25, 1788.]
[Note 2: 2 Roger Alden takes up the entry.]
[Note 3: 3 Journals, vol. XXV, pp. 559--564.]
[Note 4: 4 Papers of the Continental Congress, No. 75, pp. 388--391, attested copy.]
[Note 5: 5 Original conveyance en parchment, dated March 1, 1784, is in Papers of the Continental Congress, Cessions of Western Lands, Virginia.]
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Congress, that there is any such deficiency of lands on the souh east side of the Ohio,1
[Note 1: 1 At this point the original motion has the following paragraphs, which are crossed off because of having been postponed:
"Resolved that all locations and surveys which have been made or shall be made by or on account of the said troops on the said lands between the Scioto and Miami before the said deficiency (if any) of lands on the South East side of the Ohio shall be duly ascertained and stated to Congress, shall be considered and deemed null and void
and to the end that the said deficiency, if any there be, may be made up to the said troops out of the good lands between the said rivers Scioto and Little Miami in a reasonable time, and that after on the expiration thereof the residue of the lands between the said rivers, after satisfying the said deficiency may be disposed of for the benefit of the United States
Resolved that no part of the said tract of land between the rivers Little Miami and Scioto shall be disposed of by the United States until after the expiration of two years from this time, in order that sufficient time may be given to ascertain the deficiency before mentioned, to ascertain the quantity of land on the North West side of the Ohio requisite to make good the same deficiency and to satisfy the said bounties, and all the claims on account of the said bounties not regularly brought forward and exhibited within the two years shall be considered as relinquished."]
Resolved,2 That the State of Virginia be informed that Congress consider all locations and surveys which shall be made by, or on account of the said troops on the said lands between the Scioto and little Miami, before the said deficiency, if any, on the south east side of the Ohio shall be ascertained and stated to Congress, invalid.
[Note 2: 2 Papers of the Continental Congress, No. 30, p. 149½, in the writing of Mr. Nathan Dane (?). This resolve was apparently an amendment to Dane's motion.]
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On the question to agree to this resolve the Yeas and nays being required by Mr [Abraham] Clark:
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So it passed in the affimative.
Resolved, That the executive of the State of Virginia be requested to inform Congress whether there has been any deficiency of good lands reserved by the laws of that State on the south east side of the Ohio for the Virginia troops upon continental establishment; and if there has been any deficiency, what is the amount, and also what checks have been provided by the said State to prevent the said troops taking up more lands than are actually due to them, in order that measures may immediately be taken for laying off for the benefit of such troops a sufficient quantity of good land beztween the rivers Scioto and little Miami, and that Congress may be prepared to dispose of the remaining land between those rivers for the general benefit of the Union.
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[Report of committee on claim of S. Nicholson1]
[Note 1: 1 Papers of the Continental Congress, No. 19, IV, p. 515, in the writing of Mr. Nathan Dane. Read July 17 and passed July 18, 1788. See June 27 and July 16, 1788.]
The Committee consisting of [Mr. Nathan Dane, Mr. Thomas Tudor Tucker and Mr. Samuel Allyne Otis] to whom was referred the letter of Capt Samuel Nicholson of the 14th instant, submit the following resolution
That in consideration of the trouble and expence incurred by Capt Samuel Nicholson in collecting evidence of the capture and disposition of the prizes taken in Europe in the year 1777 by the Continental armed vessels Reprisal, Lexington and Dolphin and in settling the accounts respecting the same a Commission of 2½ per Cent be allowed him on the Captor's proportion of the said prizes and deducted there from before division and that the Commissioner of accounts for the maxine department set fie with him accordingly.
[Report of Board of Treasury on memorial of I. Sherman I. Ludlow and W. Morris2]
[Note 2: 2 Papers of the Continental Congress, No. 138, II, pp. 355--360, read July 17, 1788. The accompanying document is on p. 361. The covering letter of the Board, also read, is on p. 365. See February 25, 1788.]
The Board of Treasury to whom it was referred to Report on the Memorial of Isaac Sherman, Israel Ludlow and William Morris, praying for a further compensation for their Services as Surveyors of the Western Territory
Beg leave to Report
That in pursuance of the Act3 of Congress of the 3d of October 1787 there has been paid to the Memorialists the following sums on account of extra expences Vizt.
[Note 3: 3 Journals, vol. XXXIII, pp. 598--599.]
That there has been further paid to the Memorialists on account of Surveys respectively made by them, agreeably to the Ordinance, the following sums vizt .
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Hence it appears, that the whole sum received by the Memorialists on account of their Service and Expences in executing Surveys has been 1608 48/90 ths. Dollars which is more than Six and one quarter of a dollar per Mile on the aggregate of their Surveys.
That it is alledged on the part of the Memorialists: That the Ordinance allowance of Two Dollars per Mite having been deducted from the account of Expences respectively exhibited by them; it follows of course, that where no Surveys have been made, by Surveyors exhibiting such accounts, the latter are in a better condition than the former; who went through the Fatigue of the Surveys, which they consider as an Injury, from which they ought to be relieved.
On which the Board beg leave to observe,
For these reasons, and because the State of the Treasury will not admit of Payments to Numerous Applicants who have well established
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Claims against the United States; The Board are of opinion that it would not be proper to make any further extra allowance for Surveys executed in the Western Territory, than what is provided for by the Act of Congress of the 3d of October 1787; and therefore submit the following Resolve. Vizt .
That the application of Isaac Sherman Israel Ludlow and William W. Morris, for an additional compensation on account of their Services whilst executing Surveys in the Western Territory cannot be complied with.
All which is humbly submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
July 16th .1788.
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