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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 --FRIDAY, JUNE 20, 1788.
Congress assembled. Present New hampshire Massachusetts, Rhode island, New York, New Jersey, Pensylvania Virginia North Carolina South Carolina and Georgia and from Connecticut Mr [Pierpont] Edwards and from Maryland Mr [Benjamin] Contee.
According to Order Congress proceeded to the election of an Agent for the Cherokee Nation of Indians agreeably to the act passed yesterday1 and the ballots being taken Col. Joseph Martin was elected having been previously nominated by Mr [John] Brown.
[Note 1: 1 See June 19, 1788.]
The comee . consisting of Mr [Hugh] Williamson Mr [Nathan] Dane Mr [Edward] Carrington Mr [Dyre] Kearny and Mr [Paine] Wingate to whom was referred a memorial2 of George Morgan and his Associates respecting a tract of land in the Illionois country on the Mississippi having reported3 thereon and their report4 being amended to read as follows "That there are sundry french settlements on the river Mississippi within the tract which Mr Morgan and his associates propose to purchase. Near the mouth of the river Kaskaskies, there is a village which appears to have contained near eighty families from the beginning of the late revolution. There are twelve families in a small village at La prairie du rochers, and near fifty families at the Kahokia village. There are also four or five families at fort Chartres and St Philips which is five miles farther up the river. The heads of families in those villages appear each of them to have had a certain quantity of arable land alloted to them and a proportionate
[Note 2: 2 See May 13, 14 and 23, 1788.]
[Note 3: 3 See June 12 and 19, 1788.]
[Note 4: 4 Papers of the Continental Congress, No. 19, IV, p. 157. This is a printed copy of the original report with manuscript changes to bring it into conformity with the adopted resolution. The report as adopted was entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, pp. 29--36.]
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quantity of meadow and of woodland or pasture. Your Committee are of the opinion that from any general sale which may be made of the lands on the Mississippi there should at least be a reserve of so much land as may satisfy all the just claims of the ancient settlers on that river and that they should be confirmed in the possession of such lands as they may have had at the beginning of the late revolution, which may have been allotted to them according to the laws or usages of the governments under which they have respectively settled. And whereas an additional quantity of land may be necessary for the support of those people whenever the settlement shall encrease, and the indian trade, by which they have chiefly subsisted shall become less profitable, your Comee . are of the opinion that such allowance should also be made to them within the reserved limits. Your Committee observe that in the contract which is already made for the sale of a tract of land in the Western country, the purchasers are to be charged with surveying three lots which are reserved for the benefit of the United States. They conceive that future contractors may be relieved from this expence, but they would propose that every agreement hereafter to be made shall be equally binding on the contracting parties, whereupon they submit the following resolves
That the board of treasury be authorised to contract with any person or persons for a grant of a tract of land, which shall be bounded as follows: Beginning on the rive Au vase in the parallel of latitude of the mouth of little Wabash river, thence running due north to the parallel of latitude which passes through the mouth of Wood river, thence west to the mouth of Mississippi at the mouth of Wood river, thence down the river Mississippi to the mouth of the river Au Vase, thence up the said river to the place of beginning, under the exceptions and reservations herein after mentioned.
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That the purchaser or purchasers shall oblige themselves to lay off the tract at their own expence into townships or fractional parts of townships, and to divide the same into lots according to the land Ordinance1 of the 20th May 1785, compleat returns of which are to be made to the board of treasury. The lot N 16 in each township or fractional part of a township to be given perpetually for the purposes contained in the said Ordinance; and the lot N 29 in each township or fractional part of a township to be given perpetually for the purposes of religion; and that each of the several townships shall be thus laid off before the original purchaser or purchasers shall have disposed of the same or made any settlement therein. The price to be not less than two thirds of a dollar per acre for the contents of the said tract, except the reservations and gifts herein mentioned, payable in specie, loan office certificates reduced to specie value, or certificates of liquidated debts of the United States; the principal only of the said certificates to be received in payment; And the board of treasury, for such interest, as may be due on the certificates, rendered in payment as aforesaid, prior to the first day of January 1787, shall issue indents for interest to the possessors which shall be receivable in payment as other indents for interest of the existing requisitions of Congress; and for such interest as may be due on the said certificates between that period and the time of payment the board shall issue indents, the payment of which to be provided for hereafter. That part of the purchase money, not less than one hundred and fifty thousand dollars shall be paid down upon the closing of the contract, and the remainder of the purchase money, whenever the indian claim shall have been extinguished and the boundary line of the tract run by the geographer of the United States or his assistant, the contents of the land which is to be sold ascertained and a
[Note 1: 1 Journals, vol. XXVIII, pp. 375--381.]
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plot of the same returned to the office of the treasury board; on which payment a grant shall be made and the purchaser or purchasers shall have the right of entry and occupancy.
That separate tracts shall be reserved for satisfying the claims of the ancient settlers which shall be included within the following boundary, viz. A straight line to be extended from the mouth of the little river Marie below the river Kaskaskies to the old French fort on the east side of the said river Kaskaskies and opposite the Kaskaskie village, thence north three miles; thence west across the Kaskaskies river to the ridge of rocks and high land, which extend from the Kaskaskies to the Illionois rivers; then along the [west] side or foot of the said ridge of rocks and high land to the parallel that runs two miles north of the church at Kahokia; thence west to the river Mississippi; thence down the said river to the mouth of the river Marie.
That measures be immediately taken for confirming in their possession and titles the French and Canadian inhabitants and other settlers on those lands who on or before the year 1783 had professed themselves citizens of the United States or any of them, and for laying off the several tracts which they rightfully claim within the described limits; and for laying off for the benefit of the said inhabitants three additional tracts adjoining the several villages Kaskaskies, La prairie du rochers, and Kahokia, in the form of a parallelogram, extending from the river Mississippi eastward to the ridge of rocks before described and of such extent as shall contain four hundred acres for each of the families now living at either of the villages of Kaskaskies, La prairie du rochers, Kahokia, fort Chartres or St Philips. The additional reserved tract adjoining the village of Kaskaskies shall be for the heads of families in that village; the tract adjoining La prairie du rochers for the heads of families in that village and the tract adjoining Kahokia for the heads of
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families in that village [, as] also for those at fort Chartres and St Philips. Such additional donations of four hundred acres each to be distributed by lot and immediate possession given. Provided nevertheless that no person thus obtaining possession of such donation lands shall have power to alienate the same, until he or she, or his or her heirs shall have resided at least three years from the time of such distribution, within that district; at the end of which period every such resident shall obtain a title to the reserved lot; and all lots not thus conveyed to residents shall revert to the United States.
That whenever the French and Canadian Inhabitants and other settlers aforesaid shall have been confirmed in their possessions and titles and the amount of the same ascertained, and the three additional parallelograms for future donations and a tract of land one mile square on the Mississippi extending as far above as below fort Chartres and including the said fort, the buildings and improvements adjoining the same, shall be laid off; the whole remainder of the soil within the reserved limits above described shall be considered as appertaining to the general purchase and shall be conveyed accordingly.
That measures be immediately taken to extinguish the Indian claim, if any such exists, to the land bordering on the Mississippi from the mouth of the Ohio to a determined station on the Mississippi, that shall be sixty or eighty miles north from the mouth of the Illionois river and extending from the Mississippi as far eastward as may be.
That the governor of the western territory be instructed to repair to the French settlements on the Mississippi at and above the Kaskaskies. That he examine the titles and possessions of the settlers as above described in order to determine what quantity of land they may severally claim, which shall be laid off for them at their own expence; and
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that he take an account of the several heads of families living within the reserved limits, in order that he may determine the quantity of land that is to be laid off in the several parallelograms, which shall be laid off accordingly by the geographer of the United States or his assistant, at the expence of the United States.
That the geographer of the United States be instructed to take the latitude of the mouth of the river Au vase, and the mouth of Wood river, and of the northeast and southern angle of the tract; and that in executing all other large surveys he take the latitude of three or four of the chief corners."
Resolved That Congress agree to the said report.
[Report of Secretary of Congress on memorial of S. Nicholson1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 78.]
Office of Secy of Congress
June 19, 1788
On the memorial2 of Samuel Nicholson late commander of the Sloop Dolphin in the service of the United States, representing that in the year 1777 he in company with Capt Wickes of the reprisal and capt Johnston of the Lexington captured seventeen vessels seven of which were according to his Orders sent into the ports of France to the address of Thomas Morris agent for the United States who made sale thereof, but that neither the memorialists nor his Officers have received their respective shares of any of the said prizes, and praying that what he estimates the share coming to him may now be paid to him
[Note 2: 2 See June 18, 1788.]
The Secy of Congress reports
That the memorial of Samuel Nicholson with the papers accompany it be referred to the Commissioner for the marine department to report.3
[Note 3: 3 According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 196, the memorial was referred to the Board of Treasury to report. Report rendered June 25 and acted on July 2, 1788.]
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[Report of committee on letter from Governor of Georgia1]
[Note 1: 1 Papers of the Continental Congress, No. 20, II, p. 463, in the writing of Mr. Abraham Baldwin. Read June 20, 1788 and postponed. Acted on July 15, 1788. See February 1, June 4 and 27, 1788.]
The Committee [consisting of Mr. Abraham Baldwin, Mr. Nicholas Gilman, Mr. Nathan Dane, Mr. William Bingham and Mr. Pierpont Edwards] to whom was referred the letter from the Governour of Georgia ofrecommend that congress enter into the following Resolve That should the Superintendant and commissioners appointed for holding treaties with the Indians in the southern department, not be able to bring the Indians to explain the cause of their present hostilities, and to enter into a treaty with the United States upon reasonable terms, congress will take measures for the protection of that frontier of the United States2
[Note 2: 2 June 20, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 196, was referred to the Board of Treasury to report:
Complaint of Chevallie respecting the settlement of the accounts of Beaumarchais. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 35, the complaint was received on June 20, 1788. See September 25 and October 1, 1788.]
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