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being placed or continued in the corps of invalids, shall be discharged, and be entitled to receive as a pension five dollars per month, in lieu of all pay and emoluments.
Resolred, That it be, and hereby is, recommended to the several states to discharge such pensions annually, and draw on the superintendent of finance for the payment of the money they shall so advance.
On a report from the secretary at war, to whom was referred a report of a committee, consisting of Mr. Cornell, Mr. Scott, and Mr. Dickinson, on a motios of Mr. Scott, a letter from the superintendent of finance, and a report of the secretary at war on the said letter, Congress came to the following resolution :
Whereas the most strict economy in the public expenditures is absolutely necessary for a vigorous prosecution of the war; and whereas to that end it is requisite, to discontinue the practice of filling some of the places in the staff. departments, with persons not of the line of the army, which places may, with great savings to the public, be filled by supernumerary officers from the line.
Resolved, therefore, That in future there be only ten lieutenants to each regiment of infantry, to be employed in the regimental line and staff, the regiinental pay-master to be considered as not attached to any company:
That the supernamerary junior lieutenants, beyond the number of ten in each regiment of infantry, be reduced ; unless the officers of the regiment shall otherwise agree, as to those who shall retire according to the resolutions of the 3d and 21st of October, 1780, and shall accordingly retire on or before the 1st of June pert, if in the main army, and the 1st of July next, if in the southern army, except such of them as shall accept of employments in the staff-departments, with the approbation of the heads of the respective departments, in which case they shall severally retain their respective ranks in the army, and be entitled to the full pay and subsistence belonging to their rank in the line, as a compensation for their respective services in the staff, without any other allowance whatsoever: provided always, that nothing contained in the above resolution, shall affect the pay or rank of any officers in captivity during such captivity.
FRIDAY, April 26, 1782. A letter, of the 24th, from the superintendent of finance, was read, respecting the accounts and claims of captain Landais ; Whereupon, the report of a com mitteee, consisting of Mr. N. W. Jones, Mr. Clark, and Mr. Patridge, to whom was referred a memorial of capt. P. Landais, was called for, which being read.
Resolred, 'That the report of the coinmittee on capt, Landais's memorial be rejected, that the said memorial be dismissed, and that Congress approve of the steps taken in his case by the superintendent of finance.
On the report of a committee, consisting of Mr. Montgomery, Mr. Floyd, and Mr. Osgood, to whom was referred a report of the secretary at war, on a letter from col. Baldwin :
Resolred, That Jeduthun Baldwin, colonel of engineers in the army of the United States, be considered as a supernumerary officer retiring from the service; and that he be entitled according to his present pay tortqual emoluments, which shall be received by the officers of the line, who retired under the resolutions of Congress of the 3d and 21st of October, 1780.
On a report of a coinmittee consisting of Mr. Montgomery, Mr. Bland, and Mr. Dickinson, to whom was referred a report of the delegates of Pennsylvania, Maryland, and Virginia, on a memorial of col. Carrington:
Resolved, That lieut. col. Carrington be informed, that the 7th article of the confederation having reserved to the states, the right of appointing all officers of and under the rank of colonels for the forces respectively raised by them, and of filling up all vacancies of such officers, Congress cannot appoint him to the vacancy in the command of the 4th regiment of artillery raised by the state of Pennsylvania.
MONDAY, April 29, 1782. Mr. Wright, a delegate for the state of Maryland, attended and took his seat.
A letter, of the 20th, from the commander in chief, was read, together with the copy of a memorial from the inhabitants of the county of Monmouth, in the state of New Jersey, and sundry affidarits respecting the death of capt. Joshua Huddy; who, after being a prisoner some days with the enemy in New York, was sent out with a party of refugees, and most cruelly and wantonly hanged on the heights of Middletown.
These papers being comunitted, and the committee, consisting of Mr. Boudinot, Mr. Scott, and Mr. Bee, having reported thereon :
Resolved, That Congress having deliberately considered the said letter and the papers attending it, and being deeply impressed with the necessity of convincing the enemies of these United States, by the most decided conduct, that the repetition of their unprecedented and inhuman cruelties, so contrary to the laws of nations and of war, will no longer be suffered with impunity, do unanimously approve of the firm and judicious conduct of the commander in chief in his application to the British general at New-York, and do hereby assure bim of their firmest support in his fixed purpose of exemplary retaliation.
· TUESDAY, April 30, 1782. On a report of the secretary at war, on a memorial of capt. Schreiber:
Resolved, That the pay and depreciation of a lieutenant of artillery be allowed to captain Schreiber, from the 26th day of November, 1779, to the 2d of March, 1780; and that his accounts for pay as captain of engineers, from the 2d day of March, 1780, to the 1st day of May, 1782, be settled on like principles with the accounts of other foreign officers retiring from the service.
On motion of Mr. Madison, seconded by Mr. Montgomery,
Ordered, That the superintendent of finance do prepare and lay before Congress, a state of the monies borrowed and not repaid by the United States, prior to the first day of January last; and that he also lay before Congress every half year, computing from the said first day of January, a state of all monies borrowed and bills emitted during such periods respectively, that the same may be transmitted to the respective states pursuant to the direction contained in the 9th article of the confederation.
WEDNESDAY, May 1, 1782. Mr. William Few, a delegate for the state of Georgia, attended, and produced credentials under the great seal of the state, by which it appears that the hon. Edward Telfair, Noble Wimberley Jones, and William Few, are appointed delegates in the Congress of the United States of America, to continue in office until the first Tuesday in January, 1783.
The order of the day for taking into consideration the report of the committee, consisting of Mr. Boudinot, Mr. Varnum, Mr. Jenifer, Mr. Smith and Mr. Livermore, on the cessions of New York, Virginia and Connecticut, and the petitions of the Indiana, Vandalia, Illinois and Wabash companies, being called for by the delegates of Virginia, and the report being read through, and the first paragraph again read from the chair, the motion of the 18th of April as then amended, was moved by Mr. Bland, seconded by Mr. Clark, viz.
6 That the report under consideration be postponed ; that previous to any determination in Congress relative to the cessions of the western lands, the name of each member present be called over by the secretary; that on such call, each meinber do declare upon his honour, whether he is or is not personally interested, directly or indirectly, in the claims of any company or companies, which have petitioned against the territorial rights of any one of the states by whom such cessions have been made, and that such declaration be entered on the journal :»
A motion was made by Mr. Clark, seconded by Mr. Ellery, to strike out the words" that the report under consideration be postponed,” and in lieu thereof to insert, “inasmuch as the report under consideration is of a nature, in which all the several states are essentially interested and consequently ought to have Dotice, and an opportunity to be present by their representatives in Congress at the determination thereof, there being but nine states represented at this time, that therefore the said report be postponed until the first day of August Dest; and that the executive authority of the several states be informed thereof, and furnished with copies of the said report, in order that each state may be fully represented, and their delegates properly instructed upon the subject at that time."
On the question to agree to the amendment, the yeas and nays being required by Mr. Scott, Massachusetts, Mr. Patridge,
ay Y. Osgoor, ay ay Maryland, Mr. Carroll, Rhode Island, Mr. Ellery,
Wright, ay ay
no Connecticut, Mr. Law,
Madison, no no New-York, Mr. Scott,
no ho js.-Carolina, Mr. Middleton, New Jersey, Mr. Clark,
N. W. Jones, no no Pennsylvania, Mr. Montgomery, ay
A division of the motion was then called for, and on the question to agree to the first part, namely, “that the report under consideration be postponed ; the yeas and nays were required by Mr. Bland.
The report being as follows:
“ The committee, to whom the cessions of New York, Virginia, Connecticut, and the petitions of the Indiana, Vandalia, Ilinois and Wabash companies, were referred, do report, that having had a meeting with the agents on the part of New York, Connecticut and Virginia, the agents for New-York and Connecticut laid before your committee their several claims to the lands said to be contained in their several states, together with vouchers to support the same; but the delegates on the part of Virginia declining any elucidation of their claim, either to the lands ceded in the act referred to your committee, or the lands requested to be guaranteed to the said state by Congress, delivered to your committee the written paper hereto annexed and numbered twenty:
That your committee have carefully examined all the vouchers laid before them, and obtained all the information into the state of the lands mentioned in the several cessions aforesaid, and having maturely considered the same, are unanimously of opinion, and do report the following resolutions :
Resolved, That Congress do, in behalf of the United States, accept the cession made by the state of New-York, as contained in the instrument of writing executed for that purpose by the agents of New York, dated the day of last past, and now among the files of Congress; and that the presi dent do take the proper measures to have the saine legally authenticated, ani registered in the public records of the state of New York
The reasons that induced your committee to recommend the acceptance this cession, are,
Ist. It clearly appeared to your committee, that all the lands belonging to t Six Nations of Indians, and their tributaries, have been in due form put und the protection of the crown of England by the said Six Nations, as append to the late government of New York, so far as respects jurisdiction only.
2d. That the citizens of the said colony of New York have borne the burthen, both as to blood and treasure, of protecting and supporting the said Six Nations of Indians, and their tributaries, for upwards of 100 years last past, as the dependents and allies of the said government.
3d. That the crown of England has always considered and treated the coun. try of the said Six Nations, and their tributaries, inhabiting as far as the 45th degree of north latitude, as appendant to the government of New-York.
4th. That the neighboring colonies of Massachusetts, Connecticut, Pennsylvania, Maryland, and Virginia, have also, from time to time, by their public acts, recognized and admitted the said Six Nations, and their tributaries, to be appendant to the government of New-York.
5th. That by Congress accepting this cession, the jurisdiction of the whole western territory belonging to the Six Nations, and their tributaries, will be vested in the United States, greatly to the advantage of the union.
Resolved, That Congress do earnestly recommend to the states of Massachusetts and Connecticut, that they do without delay release to the United States in Congress assembled, all claims and pretensions of claim to the said western territory, without any conditions or restrictions whatever.
Resolved, That Congress cannot, consistent with the interests of the United States, the duty they owe to their constituents, or the rights necessarily vested in them as the sovereign power of the United States, accept of the cession proposed to be made by the state of Virginia, or guarantee the tract of country claimed by them in their act of cession referred to your committee.
REASONS. 1st. It appeared to your committee from the vouchers laid before them, that all the lands ceded or pretended to be ceded to the United States by the state of Virginia, are within the claims of the states of Massachusetts, Connecticut, and New-York, being part of the lands belonging to the said Six Nations of Indians and their tributaries.
2d. It appeared that great part of the lands claimed by the state of Virginia, and requested to be guaranteed to them by Congress, is also within the claim of the state of New York, being also a part of the country of the said Sis Nations and their tributaries.
3d. It also appeared that a large part of the lands last aforesaid are to the westward of the west boundary line of the late colony of Virginia, as established by the king of Great-Britain, in council, previous to the present revolution.
4th. It appeared that a large tract of sad lands hath been legally and equi. tably sold and conveyed away under the government of Great-Britain, before the declaration of independence, by persons claiming the absolute property
5th. It appeared that in the year 1763, a very large part thereof was sepa. rated and appointed for a distinct government and colony by the king of GreatBritain, with the knowledge and approbation of the governinent of Virginia.
6th. The conditions annexed to the said cession are incompatible with the honor, interests, and peace of the United States, and therefore, in the opinion of your committee, altogether inadmissible.
Resolved, That it be earnestly recommended to the state of Virginia, as they value the peace, welfare and increase of the United States, that they re-consider their said act of cession, and by a proper act for that purpose, cede to the United States all claims and pretensions of claim to the lauds and country beyond a reasonable western boundary, consistent with their former acts while a colony under the power of Great Britain, and agreeable to their just rights of soil and jurisdiction at the coinmencement of the present war, and that free from any conditions and restrictions whatever.
Your committee farther report, that they have had a conference with the
agents for the several petitioners, calling themselves the Indiana, Vandalia, Illinois and Wabash companies, and also of colonel Croghan, and have seen and carefully examined their several vouchers and deeds; to which conference your committee invited the delegates for Connecticut, New-York, and Virginia, but the delegates for Virginia refused to attend.
On the whole, your committee are of opinion, that the purchases of colonel Croghan and the Indian company were made bona fide for a valuable consideration, according to the then usage and custom of purchasing lands from the Indians, with the knowledge, consent and approbation of the crown of GreatBritain, the then governments of New York and Virginia, and therefore do recommend that it be
Resolved, That if the said lands are finally ceded or adjudged to the United States in point of jurisdiction, that Congress will confirm to such of the said purchasers, who are and shall be citizens of the United States, or either of them, their respective shares and proportions of said lands, making a reasonable deduction for the value of the quit-rents reserved by the crown of England.
It appeared to your committee, that divers persons, residing in and being subjects of Great-Britain, and now enemies of these United States, together with divers citizens of these United States, (but who bear a small proportion to the whole number of the company) applied to the crown of England in the year and agreed to purchase the tract of land called Vandalia, Iying on the back of Virginia, from the Allegheny mountains west to the river and which was agreed to be erected into a colony by the king and council; that the said agreement and purchase was completed all to affixing the seals and passing the usual forms of office, by which the said company were put to yery great expenses in negotiating the same, as appears by the paper writings hereunto annexed. But as it is altogether incompatible with the interests, government and policy of these United States, to permit such immoderate and extravagant grants of lands to be vested in individual citizens of these states, they cannot, in justice to the United States, recommend the confirmation and es. tablishment of the said purchases, in case the said lands should be ceded or adjudged to the United States; but in order to do the strictest justice to such of the said company who are and shall remain citizens of these United States, or any of them, your committee propose the following resolution :
Resolved, in case the said lands shall be ceded or adjudged to these United' States in Congress assembled, that on the said purchasers, or such of them as shall remain citizens of these United States, releasing to Congress all their and each of their rights, title, claim and demand, to all and every part of the said. lands to and for the use of the United States, Congress will fully and amply reimburse to them and each of them, their heirs and assigns, their and each of their full shares and proportions of all their purchase-money, expenses and charges, accrued on the said lands, by distinct and separate grants of lands out of the said several tracts of land, to the full amount and value thereof.
Your committee also having fully considered the petition of the Illinois and Wabash companies, do report the following resolution :
Resolved, That the petition of the Illinois and Wabash companies be dismissed.
REASONS. 1st. It appeared to the committee by the confession of the agent for the company, that the said purchases had been made without license of the then government or other public authority, and as your committee conceive, contrary to the common and known usage in such case established.
2d. That the said purchases were made of certain Indians without any public treaty or other proper act of notoriety.
3d. That one of the deeds begins on the north side of the Illinois river, and contains only a number of lines without comprehending any land whatever.