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lina, the secretary at war be, and he is hereby directed to have seven pieces artillery, 16 pounders, and five 24 pounders, of the iron ordnance, unmounted, and lying at the Head of Elk, transported by the first convenient opportunity by water to Charleston, together with such quantity of suitable ball, as may, in his opinion, be necessary, at the expense and risk of the state of South-Carolina; for which the said state is to be accountable.

FRIDAY, May 27, 1785.

Congress assembled: Present, New-Hampshire, Massachusetts, RhodeIsland, Connecticut, New-Jersey, Pennsylvania, Maryland, Virginia and SouthCarolina; and from the state of New-York, Mr. Smith; from North-Carolina, Mr. Spaight, and from Georgia, Mr. Houstoun.

Mr. Charles Pettit, a delegate for the state of Pennsylvania, attended, and produced credentials; by which it appears, that on the 7th day of April, 1785, he was appointed a delegate of that state for the present year.

On the report of a committee, consisting of Mr. Williamson, Mr. Smith, Mr. Grayson, Mr. Wilson and Mr. Howell, to whom was referred a memorial of the late contractors for the moving army,

Resolved, That J. D. Mercier, William Malcolm and Isaac Roosevelt, esqrs. having made oath that they will faithfully discharge this trust, be authorized to enquire into the particulars, and to determine what damages, if any, have been sustained by Tench Francis, Comfort Sands, and others, late contractors for the moving army, from the late superintendent of finance having failed to make good the stipulated payments, or from his withdrawing the contract; and make report to Congress.

On motion of Mr. Pinckney, seconded by Mr. Grayson,

Resolved, That the geographer of the United States be continued in office for a term not exceeding three years; and that he be allowed, during his continuance in office, six dollars per day, for his services and expenses.

According to order, Congress proceeded to the election of a surveyor from each state, in conformity to the ordinance for ascertaining the mode of disposing of lands in the western territory; and, the ballots being taken, Mr. Nathaniel Adams was elected from the state of New-Hampshire; Mr. Rufus Putnam from Massachusetts; Mr. Caleb Harris from Rhode-Island and Providence Plantations; Mr. William Morris from New-York; Mr. Adam Hoops from Pennsylvania; Mr. James Simpson from Maryland; Mr. Alexander Parker from Virginia; Mr. Absolom Tatum from North-Carolina; Mr. William Tate from South-Carolina. They severally having been previously nominated by the delegates of the respective states.

On the report of the board of treasury, to whom was referred a memorial of Henry Mesplet, printer,

Resolved, That the sum of 426 45-90 dollars be paid to Mr. Fleury de Mesplet, on account of expenses attending the transporting himself, family and printing utensils, from Philadelphia to Montreal.

On the report of a committee, consisting of Mr. Long, Mr. Gardner and Mr. Hardy, to whom was referred a memorial of Robert Patton,

Resolved, That Robert Patton be allowed 75 dollars, for seven months and an half extra expenses, from the 26th May, 1784, to the time Congress met in New-York.

On the report of a committee, consisting of Mr. Bull, Mr. Ellery and Mr. W. Henry, to whom was referred a memorial from sundry regimental agents, in whose hands were deposited, for distribution, certificates of the arrears of pay due to the officers and soldiers.

Resolved, That the legislature of the respective states to which regimental and other agents, appointed for the purpose of receiving, from the pay-master general, certificates on a final settlement of the balances due to the officers and soldiers of the late army belong, be, and they are hereby requested to cause the

services of the said agents to be examined, and make them such allowance as they may think them entitled to, and charge the same to the United States. That such agents deposit the certificates that may remain in their hands, with the supreme executive of the states to which they respectively belong, agreeably to the resolution of Congress of the 3d of November, 1783.

MONDAY, May 30, 1785.

Congress assembled: Present, New-Hampshire, Massachusetts, RhodeIsland, Connecticut, New-York, New Jersey, Pennsylvania, Maryland, Virginia, South-Carolina and Georgia; and from the state of North-Carolina, Mr. Spaight.

Mr. William Houstoun, Mr. John Habersham and Mr. Abraham Baldwin, three delegates from Georgia, produced credentials, dated the 5th May, 1785, by which it appears, that the general assembly of the state of Georgia, did, at their last session, appoint the said William Houstoun and John Habersham, also Edward Telfair and William Gibbons, sen. and the said Araham Baldwin and William Few, esqrs. delegates, with power to them, or any two of them, to represent the said state in Congress, until the first Tuesday in January, or till others shall be appointed by the legislature.

TUESDAY, May 31, 1785.

Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut. New-York, New-Jersey, Pennsylvania, Maryland, Virginia, South-Carolina and Georgia; and from the state of North-Carolina, Mr. Spaight.

Congress took into consideration the report of a committee, consisting of Mr. Monroe, Mr. Ellery and Mr. Johnson, to whom was referred a letter of 25th April from Messrs. Clark, Wolcott and Butler, three of the commissioners for negotiating with the Indians in the northern and middle department, as far as the Cherokees exclusive: and on the question to agree to the following paragraph,

"That the commissioners instructed to hold a treaty under the resolutions of the 18th of March last, with the western tribes of Indians, at post St. Vincent, on the 20th day of June next, for the purpose of obtaining from them a cession of lands, be, and they are hereby authorized and directed to avail themselves of the disposition of the Indians, and the funds committed to their charge, to make such cession as extensive and liberal as possible." The yeas and nays being required by Mr. Pinckney, Massachusetts, Mr. Holten,

King,

ay div. Maryland,

Mr. McHenry,

ay

no

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J. Henry,
Hindman,

ay ay

Howell,

ay

Virginia,

Mr. Monroe,

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N-Carolina,

Mr. Spaight,

ay

Smith,

ay

ay

S.-Carolina,

Mr. Pinckney,

no

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Pennsylvania, Mr. Jackson,

So the question was lost.

Ordered, That the further consideration of the report be postponed till to

morrow.

On the report of a committee consisting of Mr. Williamson, Mr. Howell and Mr. King, to whom was referred a memorial of J. Beatty, late commissarygeneral of prisoners,

Resolved, That in settling the accounts of Mr. John Beatty, late commissary of prisoners, he be allowed to charge such expenses of travelling, as were necessary in the discharge of his office.

That Mr. Beatty's account for pay be settled according to the act of June 6th, 1777, compared with the act of June 3d, 1784.

WEDNESDAY, June 1, 1785.

Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, South-Carolina and Georgia; and from North-Carolina, Mr. Spaight.

On the report of a committee, consisting of Mr. Howell, Mr Holten and Mr. Johnson, to whom was referred a memorial of the Rev. Samuel Kirkland,

Resolved, That the board of treasury take order for paying to the Rev. Samuel Kirkland, the sum of 77 dollars, for articles of food and clothing by him furnished for the use and comfort of the Oneida Indians, in the years 1780 and

1781.

Resolved, That the pay-master-general settle the accounts of the Rev. Samuel Kirkland for his services as brigade chaplain, under the appointment of October 16th, 1779, and allow him the pay and subsistence therein specified to the 3d day of November, 1783.

Resolved, That in consideration of the services rendered to the United States, among the Indians of the Six Nations, by the Rev. Samuel Kirkland, since the Sd day of November, 1783, the board of treasury take order for paying him the sum of 250 dollars.

On the report of a committee, consisting of Mr. King, Mr. Lawrance, Mr. J. Henry, Mr. Ellery and Mr. Monroe, to whom was referred a petition of the legislature of the state of South-Carolina, praying that a federal court may be appointed conformably to the articles of confederation and perpetual union, to decide a dispute concerning boundaries, between the said state and the state of Georgia,

Resolved, That the second Monday in May next be assigned for the appearance of the states of South-Carolina and Georgia, by their lawful agents; and that notice thereof, and of the petition of the legislature of the state of SouthCarolina, be given by the secretary of Congress, to the legislative authority of the state of Georgia, in the following form:

By the United States in Congress assembled, in the city of New-York, on the first day of June, in the year of Lord 1785, and of the independence of the United States of America the 9th: To the legislative authority of the state of Georgia, it is hereby made known, that in pursuance of the 9th of the articles of confederation and perpetual union, the legislature of the state of South-CaroJina have presented a petition to Congress in the words following:

"To the United States of America in Congress assembled, The petition of the legislature of South-Carolina sheweth, That a dispute and difference hath arisen and subsists between the state of Georgia and this state, concerning boundaries, the said states claiming, respectively, the same territories. That the case and claim of this state are as follows, viz. Charles II, king of Great-Britain, by charter, dated the 24th day of March, in the 15th year of his reign, granted to eight persons therein named, as lords proprietors thereof, all the lands lying and being within his dominions of America, between 31 and 36 degrees of north latitude, in a direct west line to the South-Seas, styling the lands so described, the province of Carolina. That on the 30th day of June, in the 17th year of his reign, the said king granted to the said lords proprietors, a second charter, enlarging the bounds of Carolina, viz. from 29 degrees of north latitude to 36 degrees 30 minutes, and from those points on the sea-coast, west in a direct line to the South-Seas. That seven of the said proprietors of Carolina, sold and surrendered to George II, late king of Great-Britain, all their title and interest in the said province, and the share of the remaining proprietor was separated from the king's, and allotted to him in the north part of North-Carolina. That Carolina was afterwards divided into two provinces called North and South-Carolina. That by a charter dated the 9th day of June, 1732, George II, king of Great-Britain, granted to certain persons therein named, all the lands lying between the rivers Savannah and Alatamaha, and between lines to be drawn from the heads of those rivers respectively to the South-Sea, and styled the said colony Georgia. That by the treaty of peace, concluded at Paris, on the 10th day of February, 1763, the river Mississippi was declared to be the western boundary of the North-American colonics. That the governor of South-Carolina, in the year 1762, conceiving that the land to the southward of the Alatamaha still belonged to South-Carolina, granted several tracts of the said land. That the government of Georgia complained to the king of Great-Britain respecting those grants, as being for land within its limits, and thereupon his majesty, by proclamation dated the 7th day of October, 1763, annexed to Georgia all the lands lying between the rivers Alatamalia and St. Mary's; the validity of the grants passed by the governor of South-Carolina, as aforesaid, remaining however acknowledged and uncontested, and the grantees of the said land, or their represenVOL. IV.

67

tatives, still holding it as their legal estate. That South-Carolina claims the lands lying between the North-Carolina line, and a line to be run due west from the mouth of Tugoloo river to the Mississippi, because, as the said state contends, the river Savannah loses that name at the confluence of Tugoloo and Keowee rivers, consequently that spot is the head of Savannah river; the state of Georgia, on the other hand, contends, that the source of Keowee river is to be considered as the head of Savannah river. That the state of South-Carolina also claims all the lands lying between a line to be drawn from the head of the river St. Mary, the head of Alatamaha, the Mississippi and Florida, being, as the said state contends, within the limits of its charter, and not annexed to Georgia by the said proclamation of 1763; the state of Geor gia, on the other hand, contends, that the tract of country, last mentioned, is a part of that state; therefore and in as much as the United States in Congress assembled, are the last resort, on appeal, in all disputes and differences between two or more states concerning boundary, the legislature of South-Carolina pray for a hearing and determination of the difference and dispute subsisting as aforesaid, between Georgia and this state, agreeable to the articles of confederation and perpetual union, between the United States of America. In the Senate house, this 24th day of March, in the year of our Lord 1785, and in the 9th year of the independence of the United States of America.

And that the 2d Monday of May next is assigned for the appearance of the said states of South-Carolina and Georgia, by their lawful agents, to proceed in the premises as by the said articles of confederation and perpetual union is directed.

By order of Congress,

CHARLES THOMSON, Secretary. THURSDAY, June 2, 1785.

Congress assembled: Present, Massachusetts, Connecticut, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, South-Carolina and Georgia; and from New-Hampshire, Mr. Foster; and from North-Carolina, Mr. Spaight.

The committee, consisting of Mr. Lawrance, Mr. Howell and Mr. King, to whom was referred a memorial of Christopher Miller, praying for sea-letters for the ship Governor Clinton, to be put under his command, report, that they have evidence that the owners and captain of the said ship Governor Clinton, are citizens of the United States of America; and that the said ship is bound on a voyage, in the course of which a sea-letter may be useful; Whereupon,

Resolved, That a sea-letter be granted for the ship Governor Clinton, Christopher Miller, master, in the form of the sea-letter granted for the ship Empress of China, John Green, master, mutatis mutandis.

On the report of a committee, consisting of Mr. Bull, Mr. Beatty and Mr. Patridge, to whom was referred a memorial of Henry Rutgers, Richard Lush and Jacob John Lansing, deputy muster-masters of divisions in the army of the United States,

Resolved, That it be, and it is hereby recommended to the executive of the state of New-York, to settle with and pay Henry Rutgers, Richard Lush and Jacob John Lansing, late deputy muster-masters in the army of the United States, by allowing them what their arrears of pay and years advance as deputy muster-masters was worth in specie at the time they respectively became due, and charge the same to the United States; provided it shall appear that no settlement shall have already been obtained.

On the report of a committee, consisting of Mr. Ramsay, Mr. Johnson and Mr. Dick, to whom was referred a petition of Jacob Fowler, an Indian of the Montauk tribe,

Resolved, That the board of treasury advance to Jacob Fowler, the sum of 100 dollars, to encourage him to instruct the Indians.

On the report of the secretary at war, to whom was referred a petition of David Oliphant, deputy director of the late southern hospital,

Reso ved, That those officers of the hospital department in the southern army, who were detained in Charleston, after its surrender to the British troops, for the purpose of attending the sick and wounded of the army of the United States, shall, in consideration of the extra expenses which they incurred by the performance of the said duty, be allowed the sums affixed to their respective names contained in a return deposited in the war-office, which was transmitted and signed by David Oliphant, deputy director of the southern hospital.

On the report of a committee, consisting of Mr. King, Mr. Beatty and Mr. Howell, to whom was referred a memorial of Mr. P. Landais,

Resolved, That the board of treasury take order to pay to Mr. Peter Landais, 4498 1-10 dollars, that sum being the amount of a gratuity allowed him by a resolve of Congress of the 6th day of March, 1779, with the interest thereon from that date to the 6th day of May last, added to the amount of his extra expenses, subsistence, and one-fifth part of his pay as a captain in the navy while in public service, with the interest thereon, from the 6th day of January, 1781, to the 6th day of May aforesaid. And that the commissioner for settling the accounts of the marine department, issue a certificate to Mr. Peter Landais, for 1814 4-10 dollars, bearing an interest of six per cent. from the 6th day of May, 1785; that sum being the balance of his account for pay, subsistence and extra expenses while in public service.

FRIDAY, June 3, 1785.

Congress assembled: Present, Massachusetts, Connecticut, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from New-Hampshire, Mr. Foster; from Rhode-Island, Mr. Ellery, and from North-Carolina, Mr. Spaight.

On the report of a committee, consisting of Mr. King, Mr. Howell and Mr. Pinckney,

Resolved, That the board of treasury be, and hereby are authorized and directed to sell for specie or public securities, at public or private sale, the frigate Alliance, with her tackle and appurtenances, (excepting her guns and other military appointments, which the secretary at war is hereby directed to receive into his custody) the board of treasury giving previous notice of the sale in the news-papers of such states as they may judge proper.

On the question to agree to this, the yeas and nays being required by Mr. Pinckney,

Massachusetts, Mr. Holten,

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Mr. McHenry,

ay

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J. Henry,

ayay

Rhode Island, Mr. Ellery,

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Connecticut

Mr. Cook,

ay

Grayson,

ay

ay

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IN-Carolina,

Mr. Spaight,

no >

New-York,

Mr. Lawrance,

S.-Carolina,

Mr. Pinckney,

no

ay

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I div.

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ay > =Y

Habersham,
Baldwin,

no ay

ay

Pennsylvania, Mr. Jackson,

So it was resolved in the affirmative.

A mo tion having been made by Mr. Pinckney,

seconded by Mr. Lawrance, That a copy of the treaty entered into by the commissioners of the United States, with the sachems and warriors of the Six Nations of Indians, at FortStanwix, on the 22d day of October, 1784, in the words following:

"Articles of a treaty concluded at Fort Stanwix, on the 22d day of October, 1784, between Oliver Wolcott, Richard Butler and Arthur Lee, commissioners plenipotentiary from the United States in Congress assembled, on the one part, and the sachems and warriors of the Six Nations on the other. The United States of America give peace to the Senecas, Mohawks, Onondagas and Cayugas, and receive them into their protection upon the following condi tions: Art. 1. Six hostages shall be immediately delivered to the commissioners by the said nations to remain in possession of the United States, till all the prisoners, white and black, which were taken by the said Senecas, Mohawks, Onondagas and Cayugas, or by any of them in the late war, from among the people of the United States, shall be delivered up. Art. 2. The Oneida and Tuscarora nations shall be secured in the possession of the lands on which they are settled. Art. 3. A line shall be drawn, beginning at the mouth of a creek about 4 miles east of Niagara, called Oyonwayea or Johnson's landing place, upon the lake named by the Indians Oswego, and by us Ontario, from thence southerly in a direction always 4 miles east of the carrying path, between lake Erie and Ontario, to the mouth of Tehoseroron or Buffaloe creek on lake Erie, thence south to the north boundary of the state of Pennsylva nia, thence west to the end of the said north boundary, thence south along the west boundary of the said state, to the river Ohio, fhe said lime from the mouth of the Oyonwayes to the

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