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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, MARCH 19, 1788.
Congress Assembled, present, New Hampshire Massachusetts, Connecticut, New Jersey, Pensylvania, Virginia and South Carolina and from Delaware Mr [Nathaniel] Mitchell, from Maryland Mr [David] Ross and from N[orth] C[arolina] Mr [James] White.
The Committee to whom it was referred, to revise and amend the land ordinance, having reported the draught of a supplement to an Ordinance entitled, An Ordinance for ascertaining the mode of disposing of lands in the Western territory, it was read a first time.
[Report of committee on amendment of land ordinance2]
[Note 2: 2 Papers of the Continental Congress, No. 59, III, pp. 455--460, in the writing of Mr. Abraham Clark, read March 19, 1788. The committee, appointed February 22, 1788, consisted of Mr. Abraham Clark, Mr. Nathan Dane, Mr. James Madison, Mr. William Irvine and Mr. Jeremiah Wadsworth. The report was assigned for consideration on Monday, March 24th. Printed copies of the report, used for the second reading, are in Papers of the Continental Congress, No. 59, III, pp. 463--464 (with Mss. changes by Thomson), 471--472 (Mr. Parker's copy with Mss. changes), and 473--474; and also in Broadsides. The portions underlined by the editor were struck from or amended in the original report during debate. See June 19, July 2 and 9, 1788.]
A Supplement to an Ordinance entitled "An Ordinance for Ascertaining the mode of disposing of Lands in the Western Territory.
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Whereas it Appears inconvenient to pursue the mode prescribed in the Land Ordinance1 passed the twentieth day of May in the year one thousand seven hundred and eighty five, for disposing of the Land therein directed to be Surveyed, by Allotting certain proportions thereof to the Several States to be sold by Loan Officers in each State. And Whereas a Sufficient quantity of Land hath been Appropriated for the bounties to the late continental Army since passing the above mentioned Ordinance as to render any further draughts for that purpose out of the Townships already Surveyed both unnecessary and improper, Therefore,
[Note 1: 1 Journals, XXVIII, pp. 375--381.]
Be it Ordained by the United States in Congress Assembled, that so much of the said Ordinance passed the twentieth day of May in the year one Thousand seven hundred and Eighty five, as ordains certain parts of the Townships therein directed to be Surveyed, to be drawn for in the name of the thirteen States respectively according to the Quotas in the last preceding requisition on all the States in order that the same might be sold by the Loan Officers in said States; And Also that part of the said Ordinance which directs that the Secretary at War shall take by Lot from the Townships when surveyed a Number of Townships and fractional parts of Townships for the use of the late continental Army, so far as the same respects future draughts for that purpose, shall be, and the same are hereby repealed.
And be it further Ordained that the board of Treasury proceed to the Sale of the three last ranges of Townships Surveyed in the Western Territory in the same manner, and upon the Same conditions and under the restrictions and limitations prescribed in the resolutions 2 of Congress of the twenty first of April last, except as to the place of Sale and daily continuance thereof, including in such Sales the parts thereof which by the Ordinance of the twentieth of May One Thousand seven hundred and Eighty five, were directed to be drawn for the late Army. And Also that the board of Treasury proceed to Sell Such parts of the first four ranges of Townships as they were directed to Sell by the resolutions of the twenty first of April last, which remain Unsold; That the said board be authorized to commence the Sale of the Lands Above directed to be sold, either at New York or Philadelphia; and may Adjourn such Sales from time to time to any part
[Note 2: 2 See Journals, vol. XXXII, p. 226.]
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or parts of the United States which they shall judge most proper for the purpose, untill the whole be sold.
That all grants or Sales which have been or may be made by the said board Agreably to Any Resolution or order of Congress, Already, or which hereafter may be passed, shall be good and Valid, and fully entitle the purchaser or purchasers to An Absolute all the Right of the United States in and to the premises granted.
That the Secretary at War issue Warrants for bounties of Land to each of the Officers and Soldiers of the late continental Army who may be entitled to such bounties, or their respective Assigns or legal representatives, certifying therein the Regiment Corps or Company to which such Officer or Soldier belonged, with the time of his Service, and when discharged, together with the quantity of Land they may respectively be entitled to by former Acts of Congress with an Additional quantity ofAcres to each Colonel and Lieutenant Colonel;Acres to each Major;Acres to each Captain; andAcres to each Non Commissioned Officer and Soldier, As a Compensation for their expences in locating the same.
That the Geographer by Warrant under his hand and Seal, Appoint One Surveyor to each of the two Tracts or districts of Land reserved and set apart for the purpose of Sattisfying the Military bounties due to the late Army by the Act1 of Congress of the twenty second of October last; Which Surveyor shall reside at, or as near to the district for which they may be respectively Appointed, as can be done with Safety, who, upon Application for that purpose from any person holding a Land Warrant issued as above mentioned, shall, at the expence of the Applicant first paid or secured, run out and Ascertain in the district for which he is appointed, the exact quantity of Land mentioned in such Warrant, the lines of which shall run East and West North and South, except at the extremity of the district where the same may bind upon a River; the first Survey so to be laid out in each district to be laid in one corner thereof, and every Succeeding Survey to be laid Adjoining the last Survey in such district, in such a manner that no interstices shall be left between Surveys, Always Observing as much regularity in laying each Survey compact, as the preceding Surveys will Admit of. That each Surveyor upon laying out any Tract, shall protract and lay the same down on a General Map to be kept and preserved, and shall Number each
[Note 1: 1 See Journals, vol. XXXIII, pp. 695--696.]
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Lot in the order they are Surveyed, which shall Also be in the order Warrants are presented for laying out. That each Surveyor upon the location of each Warrant, shall make out and deliver to the proprietor thereof a Survey of the Land laid out with a discription of the lines and boundaries thereof, Certified under his hand; first recording the same in a book to be kept for that purpose; And shall retain in his hands all Warrants by him laid out and Located, untill 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 Sattisfied.
That the Surveyors to be appointed as herein before directed shall be entitled to receive for the Services enjoined upon 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.
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 favour 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 wherever they shall direct.
That if any Officer or Soldier, or any 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 when ever Warrants sufficient to cover the land so drawn shall be deposited in his Office for that purpose, shall cause the said Land to be divided Among such Applicants by Lot According to their respective Rights, for which Surveys shall be made out and
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delivered to the Several Proprietors Signed by the Geographer of the United States; which Surveys shall be entered recorded in a book by the Geographer and Lodged in the Treasury Office.
And Whereas Several of the Soldiers of the late Continental Army have disposed of their bounties in Land without any formal Conveyance, or any kind of transfer other than delivering their Discharges to the Purchasers, Therefore,
Be it further Ordained that all legal discharges to the Non commissioned Officers and Soldiers, when produced to the Secretary at War; And also any Conveyance duly proved, from an Officer or Soldier for bounties of Land which shall be first produced to the said Secretary, shall in either case entitle the possessor of such discharge, or Grantee in such Conveyance, to receive a Warrant in his own name for the Land due to the Officer or Soldier Selling or transferring the Same; Saving however, to all Soldiers their just Rights to Land which may be located upon Warrants granted upon discharges produced, where a fraud in Obtaining such discharge shall be proved.
And Whereas the State of Virginia in their Deed of Cession to the United States reserved Such a quantity of Land on the North West side of the Ohio between the Rivers little Miami and Scioto as would make up the deficiency of certain Lands on the South East side of the Ohio, to Sattisfie their grants to their Officers and Soldiers, which deficiency hath not been Ascertained to Congress, or any returns received from that State of the Amount of the land Located as bounties to their Troops on the South East side of the Ohio, or of the quantity of Land Appropriated in the State for that purpose; In Order therefore that such deficiency when Ascertained may be made good to the persons entitled thereto Agreably to the Terms of the Cession, Be it further Ordained That the following Tract of Land be reserved to make good such deficiency, when the same shall be Ascertained. Beginning at the Mouth of the River Scioto and Running up the same the distance of Twenty five miles measured on a Streight line, thence West to the river little Miami, thence down the said Miami to the Ohio, thence up the Ohio to the beginning. That untill the Amount of the deficiency, if any, mentioned in the aforesaid Deed of Cession, shall be ascertained no locations whatever for that purpose, or on Account thereof, shall be made by any of the Officers or Soldiers of the Virginia Troops on the North West side of the Ohio; And All Locations which have been or may be made Under the Virginia Grants to their Troops North West of the Ohio before such
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Ascertainment and untill it shall appear there will be a deficiency in the Land Assigned for their Troops on the South East side of the Ohio, shall be and are hereby declared Null and Void.
That the board of Treasury be Authorized to Sell and Convey the Whole or any part of the Lands between the Rivers little Miami and Scioto lying North of the Above reserved Tract Provided they sell no part thereof in parcels less thanAcres each. That such Sales shall be for given quantities of Unlocated Lands within the Above limits, and shall be laid out and located at the expence of the Purchaser by a Surveyor to be appointed by the Geographer of the United States, who is hereby Authorized and directed to make such Appointment in the manner before directed for the Appointment of Surveyors to Locate Warrants to be granted to the Army; which Surveyor when Appointed, shall take the same Oath or Affirmation, be Subject to the like Rules, orders and restrictions, and in all respects transact the business for which he shall be appointed in the manner directed for locating the Warrants to be granted to the Army, excepting only, that he shall not retain the Conveyance given by the board of Treasury in the manner Land Warrants are to be retained.
Ordered That Monday next be assigned for the second, reading of the said Ordinance.
[Report of Board of Treasury on memorial of Rapalje and Woods1
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 273--275, read March 19, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 475. The report was postponed on March 25 and debated and negatived on May 7, 1788. See March 12 and May 23, 1788.]
The Board of Treasury to whom was referred the Memorial of Garret Rapalje and John Woods, proposing a Contract for the purchase of a Million of Acres of Land, in the Western Territory, on the same terms as have been determined on by Congress on the application of Royal Flint and Joseph Parker,
Beg leave to Report to Congress
That by the sixth Article of the Treaty2 concluded at the mouth of the great Miami on the thirty first day of January 1786, the Shawanese nation appear to have ceded all title or pretence of title to a District of Country, comprehending the tract for which the Memorialists, offer to contract.
[Note 2: 2 See Journals, vol. XXX, pp. 185--195.]
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That it does not appear to the Board that the cession of Country at the said Treaty, has been made by those Nations, which, in the contemplation of Congress had a Claim to the same; as the Act1 of that Honorable Body of the 18th . March 1785, expressly directs the Commissioners to hold the Treaty of that year with the Potowatamies Twightees, Piankeshaws, and other Western Nations; none of whom appear to have attended the said Treaty.
[Note 1: 1 See Journals, vol. XXVIII, pp. 172--173.]
That it is presumed by the Board that the Shawanese are not considered by the Indians as a Nation having any Claim of Territory; and of course, that their Act of Cession cannot be deemed of any Validity in extinguishing the Indian Title to the lands in question.
That, as the United States in Congress have directed a Treaty to be held in the present year for the purpose of quieting the discontents already prevailing amongst the Indian Tribes, and of giving greater security to the Frontier settlements; the Board submit to their Consideration whether it would be at present adviseable to make any Contracts for Western Lands, which are not comprehended, within the Treaty held at Fort Mc .Intosh in the commencement of the year 1785; more especially as from the late encreased value of the Domestic Debt, and of its probable augmentation; there is great reason to fear that the Contracts already authorised by Congress cannot be complied with.
These Circumstances the Board esteem it their duty to suggest to the consideration of Congress. Should that Hon'ble Body be notwithstanding of opinion, that it would be adviseable to enter into the proposed negociation the Board submit to their consideration the following Resolve,
"That the Board of Treasury be authorised and directed to enter into a Contract with Garret Rapalje and John Woods for the sale of One Million of Acres of Land on the North side of the River Ohio and Westward of the Great Miami, and that in ascertaining the boundaries of the said Tract, and the Terms of the Contract they conform to the Act2 of Congress of the 23d . July 1787; and to the Conditions prescribed on the application of Royal Flint and Joseph Parker.
[Note 2: 2 See Journals, vol. XXXIII, pp. 399--401.]
All which is humbly submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
March 18th . 1788.
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