which some of them are citizens, for its protection. That the legislature of the said state, thereupon nominated and appointed your petitioner, the lawful agent of the said state, for the express purpose of preparing and presenting to Congress, a memorial or petition on the part and behalf of the said state, representing the matter of the complaint aforesaid, to pray for a hearing, and to prosecute the said hearing to issue, in the mode pointed out by the articles of confederation. That the said legislature ordered that a commission should be issued by the executive authority of the said state, to your petitioner, for the purposes aforesaid. That a commission was accordingly issued to your petitioner, by the executive authority of the said state, a copy whereof accompanies this petition. That your petitioner doth most expressly deny that the state of Virginia hath any just or lawful claim to the lands in question, and doth® declare them to be the property of your petitioner, and others as above mentioned. Wherefore your petitioner as lawful agent of the said state of New-Jersey, prays for a hearing in the premises, agreeably to the ninth articles of confederation and perpetual union between the United States of America. Annapolis, February 26th, 1784. (Signed) George Morgan, agent for the state of New-Jersey. A motion was made by Mr. Beatty, seconded by Mr. Montgomery, that the said petition he committed: And on the question for commitment, the yeas and nays being required by Mr. Beatty, N-Hampshire, Mr. Foster, no no ay Pennsylvania, Mr. Mifflin, ay } no Massachusetts, Mr. Gerry, Patridge, no | Delaware, ay ay Maryland, Virginia, Montgomery, ay ay ay Rhode-Island, Mr. Ellery, ay ay Howell, ay } div. So the question was lost. A motion was then made by Mr. Williamson, seconded by Mr. Read, That a committee be appointed to consider and prepare an answer to the state of New-Jersey, to the application which has been made by col. George Morgan, in behalf of that state, for the appointment of a court, under the 9th of the articles of confederation, to determine the claim of certain citizens of New-Jersey, to a tract of land claimed by the commonwealth of Virginia to be within its jurisdiction. On the question to agree to this, the yeas and nays being required by Mr. Williamson, A motion was made by Mr. Howell, seconded by Mr. Spaight, Whereas the general assembly of Virginia at their session, commencing on the 20th day of October, 1783, passed an act to authorize their delegates in Congress to convey to the United States in Congress assembled, all the right of that commonwealth, to the territory north-westward of the river Ohio: And whereas the delegates of the said commonwealth, have presented to Congress the form of a deed proposed to be executed pursuant to the said act, in the words following: To all who shall see these presents, we Thomas Jefferson, Samuel Hardy, Arthur Lee and James Monroe, the underwritten delegates for the commonwealth of Virginia, in the Congress of the United States of America, send greeting: Whereas the general assembly of the commonwealth of Virginia, at their sessions begun on the 20th day of October, 1783, passed an act, entitled" an act to authorize the delegates of this state in Congress, to convey to the United States in Congress assembled, all the right of this commonwealth, to the territory north-westward of the river Ohio," in these words following, to wit: Whereas the Congress of the United States did, by their act of the sixth day of September, in the year 1780, recommend to the several states in the union, having claims to waste and unappropriated lands in the western country, a liberal cession to the United States, of a portion of their respective claims, for the common benefit of the union: and whereas this commonwealth did, on the 2d day of January, in the year 1781, yield to the Congress of the United States, for the benefit of the said states, all right, title and claim which the said commonwealth had to the territory north-west of the river Ohio, subject to the conditions annexed to the said act of cession. And whereas the United States in Congress assembled, have, by their act of the 13th of September last, stipulated the terms on which they agree to accept the cession of this state, should the legislature approve thereof, which terms, although they do not come fully up to the propositions of this commonwealth, are conceived in the whole, to approach so nearly to them, as to induce this state to accept thereof, in full confidence, that Congress will in justice to this state, for the liberal cession she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal, for the common benefit and support of the union. Be it enacted by the general assembly, that it shall and may be lawful for the delegates of this state, to the Congress of the United States, or such of them as shall be assembled in Congress, and the said delegates, or such of them so assembled, are hereby fully authorized and empowered, for and on behalf of this state, by proper deeds or instrument in writing, under their hands and seals, to convey, transfer, assign and make over unto the United States in Congress assembled, for the benefit of the said states, all right, title and claim, as well of soil as jurisdiction, which this commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying and being to the north-west of the river Ohio, subject to the terms and conditions contained in the before recited act of Congress, of the 13th day of September last; that is to say, upon condition that the territory so ceded, shall be laid out and formed into states, containing a suitable extent of territory, not less than 100, nor more than 150 miles square, or as near thereto as circumstances will admit; and that the states so formed, shall be distinct republican states, and admitted members of the federal union; having the same rights of sovereignty, freedom and independence, as the other states. That the necessary and reasonable expenses incurred by this state, in subduing any British posts, or in maintaining forts or garrisons within, and for the defence, or in acquiring any part of the territory so ceded or relinquished, shall be fully reimbursed by the United States: and that one commissioner shall be appointed by Congress, one by this commonwealth, and another by those two commissioners, wlio, or a majority of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expenses incurred by this state, which they shall judge to be comprised within the intent and meaning of the act of Congress, of the 10th of October, 1780, respecting such expenses. That the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighbouring villages who have professed themselves citizens of Virgi nia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding 150,000 acres of land, promised by this state, shall be allowed and granted to the then colonel, now general George Rogers Clarke, and to the officers and soldiers of his regiment, who marched with him when the posts of Kaskaskies and St. Vincents were reduced, and to the officers and soldiers, that have been since incorporated into the said regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in such place on the north-west side of the Ohio, as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers in due proportion, according to the laws of Virginia. That in case the quantity of good lands on the south-east side of the Ohio, upon the waters of Cumberland river, and between the Green river and Tennessee river, which have been reserved by law for the Virginia troops upon continental establishment, should, from the North-Carolina line, bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops, in good lands, to be laid off between the rivers Scioto, and Little Miami, on the north-west side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the before-mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States, as have become or shall become members of the confederation or federal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever. Provided that the trust hereby reposed in the delegates of this sate, shall not be executed, unless three of them at least are present in Congress." And whereas the said general assembly, by their resolution of June 6th, 1783, had constituted and appointed us the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, delegates to represent the said commonwealth in Congress for one year, from the first Monday in November then next following, which resolution remains in full force: Now therefore know ye, that we the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, by virtue of the power and authority committed to us by the act of the said general assembly of Virginia before recited, and in the name, and for and on behalf of the said commonwealth, do by these presents convey, transfer, assign, and make over unto the United States in Congress assembled, for the benefit of the said states, Virginia inclusive, all right, title and claim, as well of soil as of jurisdiction, which the said commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying and being to the northwest of the river Ohio, to and for the uses and purposes, and on the conditions of the said recited act. In testimony whereof, we have hereunto subscribed our names and affixed our seals, in Congress, the day of in the year of our Lord 1784, and of the independence of the United States the eighth." Resolved, That the United States in Congress assembled, are ready to receive this deed, whenever the delegates of the state of Virginia are ready to execute the same. A motion was made by Mr. Beatty, seconded by Mr. Montgomery, to add the following proviso: "Provided always, that the acceptance of the said cession, in manner and form aforesaid, shall not be considered as implying any opinion or decision of Congress respecting the extent or validity of the claim of the commonwealth of Virginia, to western territory, by charter or otherwise." And on the question to agree to this amendment, the yeas and nays being required by Mr. Beatty, N-.Hampshire, Mr. Foster, Pennsylvania, Mr. Mifflin, 22 } Y * no no Blanchard, no Montgomery, ay Delaware, Mr. Tilton, no > Mr. Jefferson, no Rhode Island, Mr. Ellery, ay Howell, ay no ay On the question to agree to the motion of Mr. Howell, the yeas and nays The delegates of Virginia then proceeded, and signed, sealed and delivered the said deed; Whereupon Congress came to the following resolution: The delegates of the commonwealth of Virginia, having executed the deed: Resolved, That the same be recorded and enrolled among the acts of the United States in Congress assembled. TUESDAY, March 2, 1784. Congress assembled: Present as yesterday. According to the order of the day, Congress proceeded to the election of an under secretary in the office for foreign affairs, to take charge of the papers in that office; and, the ballots being taken, Mr. Henry Remsen, jun. was elected, having been previously nominated by Mr. Gerry. Ordered, That the election of a deputy secretary be postponed till to-morrow. Congress proceeded to the election of a secretary for foreign affairs, but not coming to a choice, Ordered, That the election of a secretary for foreign affairs be postponed, until the committee appointed to consider what reductions may be made in the civil list, and who were directed to report specially on each department, shall have reported. On motion of Mr. Howell, seconded by Mr. Gerry, Resolved, That Mr. H. Remsen, jun. under secretary in the office of foreign affairs, be, and he is hereby authorized and directed, to take a list of all the papers in the office for foreign affairs, and lay the same before Congress; and that the members of Congress have access to the said papers, under the regulations of the office. On motion of Mr. Gerry, seconded by Mr. Howell, Ordered, That to-morrow be assigned for the consideration of Indian affairs. WEDNESDAY, March 3, 1784. Congress assembled: Present, the same states as yesterday, and from the state of Delaware, Mr. Tilton. According to the order of the day, Congress proceeded to the consideration of Indian affairs; and on motion of Mr. Howell, seconded by Mr. Ellery, Resolved, That to-morrow be assigned for electing five commissioners to negotiate with the Indians. On motion of Mr. Howell, seconded by Mr. Lee, Resolved, That a committee be appointed to revise the 4th and 5th of the instructions of the 15th of October last, to the commissioners to be appointed to negotiate a treaty with the Indians, and to report the alterations necessary to be made. THURSDAY, March 4, 1784. Congress assembled: Present, the same states as yesterday, and from the state of Delaware, Mr. Tilton, and from Maryland, Mr. Chase. Congress proceeded to the election of five commissioners to negotiate with the Indians; and, the ballots being taken, Mr. George Rogers Clark, Mr. Oliver Wolcott, Mr. Nathaniel Greene, Mr. Richard Butler and Mr. Stephen Higginson were elected. Ordered, That the election of a deputy secretary be postponed. FRIDAY, March 5, 1784. Congress assembled: Present as yesterday. On the report of a committee, consisting of Mr. Jefferson, Mr. Howell and Mr. Lee, appointed to consider and report what further arrangements are nenessary to carry into effect the proposed treaty with the Indians; Resolved, That the president-immediately inform the gentlemen elected commissioners for holding a treaty with the Indians, of the said election, and that, as it is the wish of Congress, that the negotiations should commence as soon as possible, the commissioners are desired to meet at New-York, on the 10th day of April next, to fix upon the times and places of holding the treaties with the different nations, and tribes of Indians, and give them respectively the speediest information of the time and place determined on, inviting them to meet accordingly. Resolved, That all appointments of persons for negotiating with the Indians, prior to that of the 4th instant, be, and they are hereby revoked. Ordered, That the secretary prepare and lay before Congress, the form of a commission, for the persons appointed to negotiate with the Indians, making any three of the same competent to the business of their commission. MONDAY, March 8, 1784. Mr. Gunning Bedford, a delegate for the state of Delaware, attended. Congress assembled: Present, New-Hampshire, Massachusetts, RhodeIsland, Connecticut, New-Jersey, Pennsylvania, Delaware, Virginia, NorthCarolina and South Carolina; and from the state of Maryland, Mr. Chase. Congress proceeded in the farther consideration of the report of the commitVOL. IV. 44 tee appointed to consider and report what further arrangements are necessary to carry into effect the proposed treaty with the Indians: And the following paragraph being under debate, and amended to read, That each of the commissioners attending the treaty, shall be allowed dollars a day, in full for his services during such attendance, exclusive of his expenses necessarily incurred. A motion was made by Mr. Howell, seconded by Mr. Tilton, to strike out the words between "allowed" and "his expenses," and after "incurred," to add, "and snch compensation for his time, as the nature and extent of his services may require." A motion was made Mr. Ellery, seconded by Mr. Gerry, to postpone the paragraph and amendment under debate, in order to take up the following: That Congress will make each of the commissioners for negotiating a treaty with the Indians, an adequate compensation for his time and services; and that the superintendent of finance be directed to advance each of them 800 dollars on account. And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. Howell, A motion was then made by M. Gerry, seconded by Mr. Read, To postpone the consideration of the paragraph under debate, together with the amendment proposed, in order to take up the following: "That each of the commissioners for negotiating with the Indians, be allowed seven dollars a day for his services and expenses:" And on the question for postponing, the yeas and nays betng required by Mr. Gerry, A motion was then made by Mr. Ellery, seconded by Mr. Beatty, to strike out the word "seven," in the motion before the house, and in lieu thereof to insert "six:" And on the question to agree to this amendment, the yeas and nays being required by Mr. Ellery, |