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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 country 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 Six Nations and their tributaries.

Sd. 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 said lands hath been legally and equitably sold and conveyed away under the government of Great-Britain, before the declaration of independence, by persons claiming the absolute property thereof.

5th. It appeared that in the year 1763, a very large part thereof was separated and appointed for a distinct government and colony by the king of GreatBritain, with the knowledge and approbation of the government 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 lands 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 commencement 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 reasona ble 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, lying 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 very 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 establishment 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 of them, your committee propose the following resolution :

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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.

4th. The Wabash purchase has been made since the present revolution, when Congress had an agent for Indian affairs residing at Fort-Pitt, who had no notice thereof.

5th. That the Six Nations and their tributaries claim the same lands, in opposition to the Indians conveying the same in the deeds to said companies.

Your committee having been convinced in the course of their investigation of this business, that many inconveniences will arise to the citizens of these United States, unless the jurisdiction of the United States in Congress assembled, with regard to Indian affairs, is more clearly defined and established, do recommend the following resolutions for the consideration of Congress :

Resolved, That the sole right of superintending, protecting, treating with, and making purchases of the several Indian nations situate and being without the bounds of any of the different states in the union, is necessarily vested in the United States in Congress assembled, for the benefit of the United States, and in no other person or persons whatever within the said states.

Resolved, That no person or persons, citizens of these United States, or any particular state in the union in their separate capacity, can or ought to purchase any unappropriated lands belonging to the Indians without the bounds of their respective states, under any pretence whatsoever.

Resolved, That whenever the United States in Congress assembled, shall find it for the good of the union, to permit new settlements on unappropriated lands, they will erect a new state or states, to be taken into the federal union, in such manner that no one state so erected shall exceed the quantity of 130 miles square, and that the same shall be laid out into townships of the quantity of about six miles square.

Resolved, That whenever such new state or states shall be erected by Congress, they will make good all reasonable engagements made to the officers and soldiers in the United States, or any of them.

Resolved, That whenever such new states shall be erected, that the bona fide settlers within the same, at the time of the erection of such states, shall be confirmed in their respective titles to their reasonable settlements, on the same terms as shall be allowed to other new settlers.

Resolved, That Congress will reimburse all just and reasonable expenses, that may have heretofore accrued to any of the states since the present revolution, in conquering, protecting or defending, any of the unappropriated lands

so erected into a state or states.

Resolved, That nothing herein before determined by Congress, shall be construed so as to suppose any claim or right in Congress, in point of property of soil, to any lands belonging to the Indian nations, unless the same have been bona fide purchased of them by the crown of England, or which may hereafter be purchased by the United States in Congress assembled, for the use of the United States, and that at a public treaty to be held for that purpose." On the question for postponing, Massachusetts, Mr. Patridge,

Rhode-Island, Mr. Ellery,

Osgood,

22, } ay

Delaware,

Mr. Wharton,

ay

Maryland,

Mr. Carroll,

ay

ay

Wright,

ay

ay

Cornell,

ay

ay

Virginia,

Mr. J. Jones,

no

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no

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Bee,

no

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Condict,

ay

N. W. Jones,

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A motion was then made by Mr. Ellery, seconded by Mr. Cornell, to adjourn; on which the yeas and nays being required by Mr. Bland,

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Mr. J. Rutledge, Mr. Ramsay and Mr. A. Middleton, delegates for the state of South-Carolina, attended, and produced credentials; by which it appears that on the 31st of January, 1782, the hon. John Rutledge, David Ramsay, Ralph Izard, John Lewis Gervais, and Arthur Middleton, were elected delegates to represent the state of South-Carolina in Congress.

A motion was made by Mr. Bland, seconded by Mr. Madison,

"That the question be now taken on the proposition contained in the words following, that previous to any determination, &c. (as recited yesterday) the same being the remainder of a proposition, on the first part of which a vote was yesterday taken on a call for a division, and now entitled to decision without debate.”

An objection was made to this motion as out of order,

And on the question, "is the motion in order?" the yeas and nays being required by Mr. Bland,

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So it passed in the negative.

The secretary for foreign affairs informed Congress, that the hon. the minister plenipotentiary of France has received a letter from his most Christian majesty to the United States in Congress assembled, announcing the birth of a dauphin, and that the minister desires a public audience at which he may deliver the letter; Whereupon,

Ordered, That Monday the 13th instant, at twelve o'clock, be assigned for the public audience.

FRIDAY, May 3, 1782.

On a report from the secretary at war:

Resolved, That as the dispersed situation of the corps of artificers commanded by captain Wyley, will no longer require the services of Dr. A. M. Coskey, surgeon, and Dr. W. M. Coskey, his mate, they be considered as reduced VOL. IV.

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and retiring from service on the 10th inst. and that the surgeon be entitled to all the emoluments heretofore allowed to reduced regimental surgeons.

A report from the secretary at war, which was yesterday brought in, and on which no order was made, being taken up by the president, the order of the day was called for by the state of Virginia, and a motion was made by Mr. Madison, seconded by Mr. Bland,

"That the sense of the house be taken, whether it be in order to take into consideration a report from the secretary at war which was read yesterday by the secretary, and has since lain on the table, unless the same be called for by a member."

On which the yeas and nays being required by Mr. Madison,

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On a report from the secretary at war, to whom was referred a petition of M. Dedevans:

Resolved, That Maurice Dedevans be, and hereby is, entitled to draw four rations per day, until it shall be otherwise ordered by Congress.

The order of the day for taking into consideration the report of the committee 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 state of Virginia, a motion was made by Mr. Montgomery, seconded by Mr. Osgood," that the order of the day be postponed." On which the yeas and nays being required by Mr. Bland,

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The committee, consisting of Mr. Clark, Mr. Bland, Mr. Osgood, to whom was referred a letter of the 20th of April from the superintendent of finance, touching the appointment of an intendent of the army, brought in a report, which was taken into consideration, and the same being amended to read as follows :

"That the superintendent of finance be authorized to appoint an inspector for the main and another for the southern army, to take care that the contracts for supplying rations be duly executed by the contractors: that the said in

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