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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 --1MONDAY, SEPTEMBER 1, 1788.
[Note 1: 1 Charles Thomson resumes the entry.]
Congress assembled. Present Massachusetts Connecticut New York New Jersey Pensylvania Delaware Maryland Virginia North Carolina South Carolina and Georgia and from New hampshire Mr [Paine] Wingate and from New Jersey Mr [Abraham] Clarke.
On the report2 of a committee consisting of Mr [John] Henry Mr [Arthur] St Clair and Mr [William Samuel] Johnson to whom were referred an Accot . of Capt Allen McLane and a letter touching the same from the Comr . of army accounts
[Note 2: 2 According to Reports of Committees, Papers of the Continental Congress, No. 189, p. 15, this report was read October 18, 1786. The report does not appear in the Papers of the Continental Congress. See September 12, 1786 and February 12, 1787. (Journals, vol. XXXI, p. 649n and vol. XXXII, p. 42n.)]
Resolved, That the accounts of Capt Allen McLane be referred3 to the commissioner of army accounts to be settled on the same principles as are all other accounts similarly circumstanced.
[Note 3: 3 The reference of the accounts in accordance with the resolve was noted in the Committee Book, Papers of the Continental Congress, No. 190, p. 205. It is also stated here that the accounts were delivered to Mr. Mitchell.]
On the report4 of a comee . consisting of Mr [Theodore] Sedgwick Mr [Abraham] Clark and Mr [Edward] Carrington to whom was referred a memorial5 of Ann Ledyard widow of colonel William Ledyard late an Officer in the service of the state of Connecticut
[Note 4: 4 See August 28, 1788.]
[Note 5: 5 See August 14, 1788.]
Resolved That Ann Ledyard have leave to withdraw her memorial, a compliance with the prayer thereof being inadmissible.
On the report6 of a comee . consisting of Mr [Nathan] Dane Mr [Hugh] Williamson Mr [Abraham] Clarke Mr [James] Madison and Mr [Joshua] Seney to whom was
[Note 6: 6 See August 28, 1788. See also July 17, 1788.]
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referred the a letter1 of the 4 Aug from his Exy the governor of Virginia
[Note 1: 1 See August 14 and 20 and September 1, 1788.]
Resolved That the executive of the state of Virginia be informed that the act of Congress of the 17th . of July last was not meant, nor is so to be interpreted as to infringe any stipulation in the cession made by Virginia to the United States; and that it is not the intention of Congress to take any further measures at present respecting the lands between the Scioto and Little Miami but to allow a reasonable tune for the returns mentioned in the act of Congress aforesaid and for all other measures which may be requisite for ascertaining and carrying into effect on fair and liberal principles the intentions of the parties to the said act of cession.
On the report2 of a comee . consisting of Mr [Nathan] Dane Mr [James] Madison Mr [Abraham] Clarke Mr [William] Irvine and Mr [Egbert] Benson to whom was referred a report3 of the Secy at War relative to certain intrusions on the hunting grounds of the cherokees, Congress agreed to the following proclamation and resolutions.
[Note 2: 2 See July 30, 1788.]
[Note 3: 3 See July 18, 1788. See also July 8 and 9, 1788.]
A proclamation4
[Note 4: 4 A broadside of this proclamation is in Papers of the Continental Congress, Broadsides.]
Whereas the United States in Congress assembled by their Commissioners duly appointed and authorised did on the 28 day of November 1785 at Hopewell on the Keowee conclude Ar5ticles of a treaty6 with all the Cherokees, and among other things stipulated and engaged by Article 4th . "that the boundary allotted to the Cherokees for their hunting grounds, between the said Indians and the citizens of the United States,
[Note 5: 5 Roger Alden takes up the entry.]
[Note 6: 6 Journals, vol. XXX, pp. 187--190.]
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within the limits of the United States of America, is and shall be the following, viz. Beginning at the mouth of Duck river on the Tenesee, thence running north east1, to the ridge dividing the waters running into Cumberland, from those running into the Tenesee, thence eastwardly along the said ridge to a north east line to be run, which shall strike the river Cumberland, forty five miles above Nashville, thence along the said line to the river, thence up the said river to the ford where the Kentucky road crosses the river, thence to Campbell's line near to Cumberland Gap, thence to the mouth of Clouds creek on Holstein, thence to the chimney top mountain, thence to camp Creek, near the mouth of big lime stone on Nolichucky, thence a southerly course six miles to a mountain, thence south to the North Carolina line, thence to the South Carolina Indian boundary, and along the same southwest over the top of the Oconee mountain, till it shall strike Tugaloo river, thence a direct line to the top of the Currokee mountain, thence to the head of the south fork of the Oconee river," and by article the 5th . that, "If any citizen of the United States, or other person not being an Indian should attempt to settle on any of the lands westward or southward of the said boundary, which were allotted to the Indians for their hunting grounds, or having settled previously to concluding the said treaty, and not removing from the same within six months after the ratification of the said treaty, such person should forfeit the protection of the United States, and that the Indians might punish him or not as they please; provided that the said 5th Article should not extend to the people settled between the fork of french broad and Holstein rivers, whose particular situation should be transmitted to the United States in Congress assembled for their decision thereon, which the Indians agreed to abide by." And whereas it has been represented to Congress that several disorderly persons settled
[Note 1: 1 At this point two repeated lines are crossed off.]
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on the frontiers of North Carolina in the vicinity of Chota have in open violation of the said treaty made intrusions upon the said Indian hunting grounds, and committed many unprovoked outrages upon the said Cherokees, who by the said treaty have put themselves under the protection of the United States, which proceedings are highly injurious and disrespectful to the Authority of the Union, and it being the firm determination of Congress to protect the said Cherokees in their rights according to the true intent and meaning of the said treaty The United States in Congress Assembled, have therefore thought fit to issue and they do hereby issue this their proclamation strictly prohibiting forbidding all such unwarrantable intrusions, and hostile proceedings against the said Cherokees, and enjoining all those, who have settled upon the said hunting grounds, of the said Cherokees to depart with their families and effects without loss of time, as they shall answer their disobedience to the injunctions and prohibitions expressed in this resolution at their peril. Provided that this proclamation shall not be construed as requiring the removal of the people settled between the fork of french broad and Holstein rivers referred to in the said treaty. Provided also that nothing contained in this proclamation shall be considered as affecting the territorial claims of the state of North Carolina. Done, etc.
Resolved that the Secretary at War be, and he is hereby directed to have a sufficient number of the troops in the service of the United States in readiness to march from the Ohio, to the protection of the Cherokees, whenever Congress shall direct the same, and that he take measures for obtaining information of the best routes for troops to march from the Ohio to Chota, and for dispersing among all the white Inhabitants settled upon or in the vicinity of the hunting grounds secured to the Cherokees by the treaty concluded between
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them and the United States Novr . 28th . 1785 the proclamation of Congress of this date,
Resolved, that copies of the said proclamation and of these resolutions be transmitted to the Executives of Virginia and North Carolina, and that the said States be and they are hereby requested to use their influence that the said proclamation may have it's intended effect to restore peace and harmony between the citizens of the United States and the Cherokees, and to prevent any further invasions of their respective rights and possessions and in case Congress shall find it necessary to order troops to the Cherokee towns to enforce a due observance of the said treaty, that the said States be and they are hereby requested to cooperate with the said troops for enforcing such observance of that treaty.
Resolved,1 that the papers which have been transmitted to Congress concerning certain hostilities alledged to have been committed by John Sevier and others on the Cherokee Indians at Chota, be referred to the Executive of North Carolina, and that the said Executive be and they hereby are earnestly requested to cause enquiry to be made into the said hostilities, and to take measures for having the perpetrators thereof, apprehended and punished.
[Note 1: 1 The motion on which this resolve was taken is in Papers of the Continental Congress, No. 27, p. 361 in the writing of Mr. Edward Carrington. Another form of the motion, which is crossed out, also in Carrington's hand, is on p. 362, as fellows: "That it be ernestly recommended to the State of North Carolina to cause enquiry to be made into the Conduct of a certainSevier and others in the late Hostility Hostilities which are alleged to have been committed on the Cherokee Indians at Chota by the said Sevier and his adherents to take measures for having the perpetrators of such Hostilities apprehended and brought to condign punishment."]
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[Proposition of Pennsylvania for annexing jurisdiction1]
[Note 1: 1 Papers of the Continental Congress, No. 20, II, pp. 195 and 199, in the writing of Mr. William Irvine. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 205, the proposition was referred to a committee consisting of Mr. Nathan Dane, Mr. Theodore Sedgwick and Mr. James Madison, which reported September 3, 1788. Acted on September 4, 1788.]
Whereas the Board of Treasury in conformity with the Act of Congress of the sixth of June last, have entered into Contract with the Delegates of the State of Pennsylvania in behalf of said State, for the tract of land bounded East agreeably to the Cession of Western territory by the States of Massachusets and New York, south by Pennsylvania North and West by lake Erie. And whereas the said tract is entirely seperated from the other lands of the Western territory over which the Jurisdiction of the United States extends, by which it will become inconvenient for the United States to hold the Jurisdiction of the same, and Whereas under these circumstances it will be most expedient and convenient for the State of Pennsylvania to hold and exercise Jurisdiction over the tract aforesaid, as will on account of its contiguous situation as that the right of soil is now vested in the said State,
Therefore Resolved that the United States do hereby Relinquish all their right title and claim to the Jurisdiction of the said tract of land; and that it be and is hereby transferred and annexed to the State of Pennsylvania forever; and it is hereby declared and made known that the laws and other public acts of said State may and of right shall extend over every part of the same to all intents and purposes, as if the said tract had been originally within the Charter bounds of said State, provided that the inhabitants shall be maintained in all the rights and priviledges as the other Citizens of the said State of Pennsylvania are now or may hereafter be Constitutionally entitled to enjoy.
[Report of Commissioner of Army Accounts respecting W. Mason2)]
[Note 2: 2 Papers of the Continental Congress, No. 62, pp. 243--244, read September 1, 1788. See August 28, 1788.]
Office of Army Accounts
New York August 30, 1788.
The Commissioner of Army Accounts to whom was referr'd the motion of the Honorable Mr . Tucker of the 28: Ins: begs leave to report.
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That it appears by the Muster Rolls of the late fourth Regiment of Virginia, that William Mason inlisted in said Regiment as a private soldier in the year 1777, and that he was promoted to a serjeant on or about the 1 June 1778.
That he continued to do the duties of a Soldier untill the 19: May 1780, at which period it appears by a certificate from David Oliphant, Director of the southern Hospitals that the said Mason was employed in the Hospital department in the capacity of Assistant Steward and continued as such untill the 1: May 1783.
That in the year 1782, he received of the paymaster General, the sum of ninety dollars specie and in the year 1783 a further sum of one hundred and twenty dollars on account of pay due him.
That on the 8: September 1784 the said Mason was finally settled with as Assistant Steward and received from the commissioner of army accounts a certificate for the balance then due him.
From this statement of facts, your Commissioner is of opinion that William Mason has not any further claim against the United States.
all which is humbly submitted.
Joseph Howell Junr 1
[Note 1: 1 September 1, 1788. According to indorsement was read:
Letter of Joseph Howell, jr. to Charles Thomson, September 1, 1788, accepting the office of Commissioner of Army Accounts. Papers of the Continental Congress, NO. 78, XII, p. 469. See August 28, 1788.]
Charles Thomson Esqr
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