Congress assembled. Present New Hampshire Massachusetts Connecticut New Jersey Pensylvania Virginia and South Carolina and from New York M r . [Leonard] Gansevort and from Delaware M r [Dyre] Kearny and from N o . Carolina M r . [James] White.

[Report of Postmaster General on post from Philadelphia to Pittsburgh 1 ]

General Post Office March 3 d . 1788

Upon the Motion for a Post from Philadelphia to Pittsburgh, the Postmaster General begs leave to

Report;

That he apprehends there will not be a sufficiency of Postage received from the Letters and Packets passing between Philadelphia and Pittsburgh to defray the Expence of such an Establishment, at present; but he is of Opinion that this will not long be the Case, as the Number of Emigrants to the Westward, already very great, will annually be much encreased:

That the Establishment of Government in the Territory of the United States Northwest of the River Ohio, seems to render a regular Mode of Intercourse between the Seat of Federal Government and that Country, necessary; and, considering that Individuals will contribute to its Support, the Mode of Communication by Post will be the least expensive, as well as most convenient to the Public;

That the Route proposed is rather circuitous; but York Town, and Carlisle, being County, as well as trading Towns, may be of sufficient Importance to demand Attention:

That your Postmaster General is of Opinion that it will be adviseable to employ Posts between Philadelphia and Pittsburgh; but as the Distance is great, and the Expence will be encreased by the Frequency of Communication, he begs leave to propose, that the Mail be sent but once in each Fortnight, throughout the whole Route, 0087 77 unless the Business can be done by Contract; in which Case the Contractor might be engaged, perhaps, to do it weekly.

Which is respectfully submitted.

Eben Hazard 1

His Excellency The President of Congress .

Congress assembled. Present New hampshire Massachusetts, Connecticut New York, New Jersey Pensylvania, Delaware Virginia and South Carolina and from New York M r [Leonard] Cansevort and from N o . Carolina M r [James] White.

According to the Order of the day Congress was resolved into a com ee . of the whole.

M r [Samuel Allyne] Otis was elected to the chair.

After some time the president resumed the chair and M r Otis reported that the Com ee . of the whole had taken into consideration the subject referred them but not having come to a resolution desire leave to sit again, which was granted. 2

[Report of Board of Treasury on memorial of J. Read 1 ]

The Board of Treasury to whom was referred the Memorial of James Read

Beg leave to Report

That the Memorialist sollicits of Congress an allowance for his expences from Bordentown to Baltimore, and at Baltimore in the year 1778 when agreeably to the Orders of Congress he removed to Baltimore the Books and Papers of the Navy Board of the Middle Department; and an additional Compensation for performing the duties of a Paymaster at the time he acted as Secretary to the late Agent of Marine from July 1783 to September 1784.

On the above Memorial the Board beg leave to Report, That it appears by a Resolve 2 of Congress of the 13 th . May 1778 that the sum of Six hundred Dollars was granted to Francis Hopkinson and Joseph Wharton (then Commissioners of the Navy Board for the Middle district) on account of their extra expences at Bordentown and to defray their expences at Baltimore, which sum when reduced, to Specie Value, is equal to 247 dollars.

That it does not appear by any document amongst the papers of the Marine, that M r . Read has received any compensation on account of this Service.

That it is represented by the Commissioner for settling the accounts of the Marine Department, that M r Read has settled the Accounts of his Department with great regularity and integrity; and that it therefore appears equitable that an allowance should be made to him, as well as to the principals of the Navy Board, for expences incurred in a similar service.

With respect to any additional Compensation to M r . Read for discharging the duties of a Paymaster whilst acting as Secretary to the Agent of Marine, the Board beg leave to Report,

That M r . Read has been allowed for his Services whilst acting as Secretary to the Agent of Marine at the rate of One thousand dollars per annum; that during the time he officiated in that department there was little or no business transacted therein or disbursements made; and that from an examination of Receipts and Expenditures 0089 79 made at that period by the Memorialist, the Board are of opinion that the Compensation already received by him is fully adequate.

Under these Circumstances they submit to the Consideration of Congress the following Resolve,

That there be allowed to James Read late Paymaster for the Navy Board of the Middle district the sum of two hundred and forty seven Dollars in full for his extra Service and Expence in removing the Books and Papers of his Office from Bordentown to Baltimore in the year 1778; and that the Commissioner of Accounts for the Marine Department issue his Certificate for the above sum.

All which is humbly submitted.

Samuel Osgood

Walter Livingston

March 3 d . 1788.

Congress assembled. Present New hampshire Massachusetts Connecticut New Jersey, Pensylvania, Delaware Virginia and South Carolina and from N[orth] Carolina M r . [James] White.

[Report of committee on pay of A. C. Hanson and R. Goldsborough 1 ]

The Committee consisting of [Mr. John Armstrong, Mr. James Madison and Mr. Nicholas Gilman] to whom were referred the letters from the Hon. A. C. Hanson and R. Goldsboro Esquires on the subject of an allowance for their attendance as Judges of a Fœderal court instituted by Act 2 of Congress of the 13 th . of September 1786 for hearing and determining a territorial dispute between the States of South Carolina and Georgia, report,

That it has been usual in such eases for the States in controversy to make provision for all the expences incident to fœderal courts and that tho' the court of which Messrs Hanson and Goldsbro' were judges was prevented from sitting by an Act of Comprise between the contending States, yet that in the opinion of your Committee this circumstance, which is the only one in which it differs from other cases, 0090 80 does not warrant any departure from the customary mode, and that the States of S o . Carolina and Georgia should make immediate provision for the discharge of all such expences as did arise under the appointment of the said Court previously to their notice of the Act of compromise afforesaid. Under this Opinion your Committee submit the following Resolution,

Resolv'd that it be recommended to the States of S o . Carolina and Georgia to make adequate Allowance to M r Hanson and M r Goldsboro for their services as Judges under the Act 1 of Congress of the 13 th . of Sept. 1786.

[Report of committee on memorial of J. Fitch 2 ]

The Committee consisting of M r [Abraham] Clark M r [Thomas Tudor] Tucker and M r [John] Armstrong to whom was referred the memorial of John Fitch, Stating that he had at considerable expence determined the Practicability of applying Steam to the purposes of impelling boats against the Currents or tides of large fresh water or other rivers in such manner as exceedingly to lessen the expence, and encrese the facility of Navigating the same; And praying that Congress would make him an Allowance in land; as well in consideration of the discovery itself, as to enable him to bring to effect a project which promises much ultimate advantage to the United States: report,

That having examined the evidence produced by M r . Fitch in Support of the fact Stated in his memorial, and believing it to be founded, They are of Opinion that the prayer of his memorial should be granted, and Accordingly offer the following resolution,

Resolved , That the board of Treasury be, and they hereby are Authorized and directed to execute a grant unto John Fitch or his Assigns, for Acres of Land to be laid out in any part of the Unappropriated Lands belonging to the United States lying North West of the River Ohio, which the said John Fitch may make choic of, Provided that the said Tract shall be seperated from the other Lands of the United States (excepting where a River shall be made a boundary) by lines running East and West North and South, and 0091 81 the said Tract to extend in length North and South twice the distance that it may be in breadth East and West. And also that when ever the said John Fitch shall compleat a boat or Vessel which shall be moved through the Water at the rate of Miles per hour, by the intire force of Steam, in which the Works and all the necessary Appurtenances thereto, shall not exceed in Weight one fourth part of the burthen of said boat, or Occupy more than that proportion of the room therein, and that said boat so constructed, shall continue in general use for the Span of one Month without any Material repairs, and produce proof thereof by two or more Credible Witnesses, Sattisfactory to the Commissioners of the board of Treasury, That then the said Commissioners are hereby further directed to make an Additional Grant unto the said John Fitch or his Assigns of Acres of Land to be laid out wherever the said John Fitch shall fix upon, in any part of the Land of the United States on the North West side of the River Ohio, which shall at that time be Unappropriated; Observing in Ascertaining the bounds thereof, the same Rule as to the length breadth and Courses thereof, as directed in the above Proviso.

[Report of Postmaster General on post route 1 ]

General Post Office , March 4 th . 1788

The Postmaster General, having duly considered the Petition of the Inhabitants of Massachusetts, Eastward of Portland, praying for the Establishment of a Post between Portland and Pownalborough, begs Leave to

Report, That, although he has been intimately connected with the Post Office Department ever since May 1775, (when he received an Appointment under the Committee of New York) he does not recollect, nor can he find by any Documents in this Office, that any Post rode between Portland and Pownalborough, at the Expence of the General Post Office of the Union, before October 1784:

That, in May 1784, the Postmaster at Boston, at the Request of some Gentlemen to the Eastward, represented to the Postmaster General, the Anxiety of the Eastern Inhabitants of Massachusetts, for a Rider to “go fifty miles below Falmouth ”, now Portland; and informed him that if “Thirty Pounds per Year” (100 Dollars) could 0092 82 be allowed from the General Post Office, “the Inhabitants engaged to make up the Deficiency by Subscription;” intimating, at the same Time, that it was probable the Thirty Pounds would be reimbursed by the Postage to be received:

That a Post began to ride, upon these Principles, in October 1784, and was continued for fifteen Months, when the new Plan of transporting the Mail, by Stage, took Place:

That, by the Act 1 of Congress of Sept r . 4 th . 1786, the Route from Portland to Pownalborough was enumerated among the Cross Roads, which the Post Master General was directed to farm; but, no Person appearing to take it, upon that Principle, no public Mail has since been carried upon that Route;

That from the Petition it appears, that the Establishment of the Post alluded to, is both a favorite and important Object with the Petitioners; and it will, doubtless, facilitate a Communication with the Capital of the State, and prove a Convenience to Government;

That the Expence of Two hundred Dollars per Annum, stated by the Petitioners as necessary for supporting the Establishment, cannot be considered as worthy to be put in Competition with the Advantages which it is supposed will arise from it;

And therefore your Postmaster General is of Opinion, that it will be both prudent and expedient to grant the Prayer of the Petition:

Which is respectfully submitted.

Eben Hazard 2

His Excellency The President of Congress .

Congress assembled present New hampshire Massachusetts Connecticut Pensylvania Delaware Virginia and S o Carolina and from New York M r [Leonard] Gansevoort from 0093 83 New Jersey M r [Abraham] Clarke and from N o Carolina M r [James] White.

[Report of committee on the address of the inhabitants of Post St. Vincents 1 ]

The Committee [consisting of Mr. Jeremiah Wadsworth, Mr. William Irvine and Mr. James White] to whom was refered the Petitions of the French and American Ihabitants of Post Vincents and the Illonois, by their Agent M r Tardivo, beg leave to report, that the Petitions are not accompanied by any documents which justify the claims of the Petitoners to Lands under antient grants, and your Committee are of Opinion the prayer of the Petitioners be not granted. they further report that the State of Virginia in their Cession of the Lands North west of the River Ohio Stipulated “That the French and Canadian inhabitants, and other settlers of the Kaskastkias, S t Vincents and the neighboring Villages who have professed themselves citizens of Virginia, shall have their Possessions and titles confirmed to them and be protected in the enjoyments of their rights and liberties” And your Committee are of Opinion that the Governor of the Western Territory be directed to Obtain, as soon as may be, from the Petitioners “a Statement of their rights to lands within the s d . Country guaranteed to them by Congress, in their Acceptance of the Virginia Cession, with the origin and extent thereof,” and report the same to Congress with a plan for securing to the Petitioners the peacable, and quiet possession of their just claims rights.

[Report of committee on boundary of western cessions 2 ]

The Committee consisting of M r . [Abraham] Clark, M r . [William] Irvine, M r . [John] Armstrong M r . [Jeremiah] Wadsworth and M r . [John] Brown to whom was referred a Motion of M r . [William] Irvine, Submit the following resolution

Resolved, That the Geographer of the United States, be, and he is hereby directed as soon as conveniently may be, to Accurately run 0094 84 and Ascertain by himself or Deputy duly appointed for that purpose, the line of Cession from the States of New York and Massachusets, between Lake Erie and the Northerly boundary of the State of Pennsylvania; which line is to be run on a Meridian twenty Miles West of the most Westerly bend of the River or Strait between Lake Erie and Niagaria. 1

That the Geographer inform the Executive of the States of New York and Massachusets of the time of running said Line in order that they or either of them may if they think proper have persons attending at the time.

That the said Geographer or his deputy having run the said Meridian Line between Lake Erie and the State of Pennsylvania, and Marked and Noted down in his field Book proper Land Marks for perpetuating the same, shall proceed to make a Survey of the Land lying West of said Line between Lake Erie and the State of Pennsylvania so as to Ascertain the quantity thereof, and make return of such Survey to the board of Treasury, who are hereby Authorized and impowered at any time before or after such Survey to sell the said Tract, either in whole at private Sale for a price not less than ¾ of a dol. per Acre in Specie or publick Securities drawing Interest, or in parcels at publick Auction after giving three months Notice of the time and place of Sale, Provided the price per Acre in such Sales shall not be less than price above mentioned. 2

Congress assembled present as yesterday.

Six states assembled only attended namely New hampshire Massachusetts Connecticut Pensylvania Virginia and South Carolina and from New York M r [Leonard] Gansevoort from Delaware M r [Dyre] Kearny from Maryland M r [David] Ross and from North Carolina M r [James] White.

M r [David] Ross 1 a delegate for Maryland attended.

Five states only attending namely New hampshire Massachusetts Connecticut New Jersey and South Carolina and from Pensylvania M r [William] Irvine from Delaware M r [Dyre] Kearny from Maryland M r [David] Ross from Virginia M r [Cyrus] Griffin and from North Carolina M r [James] White, the president adjourned Congress to 11. Oclock to morrow.

Congress Assembled present New hampshire Massachusetts, Connecticut, New Jersey, Pensylvania, Virginia and South Carolina and from New York M r [Leonard] Gansevoort from Delaware M r [Dyre] Kearny from Maryland M r [David] Ross and from N o Carolina M r [James] White.

[Report of Board of Treasury on memorial of D. Brearley 2 ]

The Board of Treasury to whom was referred the Memorial of the Honorable David Brearly Chief Justice of the State of New Jersey

Beg leave to Report:

That the Month of June 1779 the Memorialist, then a Lieu t Colonel in the Army of the United States accepted of the appointment of Chief Justice of the State of New Jersey, and in July following 0096 86 informed Congress of his intention of retiring from Service; but that he wished to retain his Rank in the Army without Pay.

That in pursuance of this Application, it was Resolved 1 by Congress on the 22 nd . of July 1779,

“That the desire of L t . Col o . Brearly to hold his rank in the Army, after he shall have accepted of the Office of Chief Justice of the State of New Jersey, cannot be complied with.”

Under the above circumstances, the Board are of opinion, that Lieu t . Col o . Brearly must be considered as having retired from Service, from the time he accepted the Office above stated, and of course precluded by the Acts 2 of Congress of the 10 th . of Aug t . 1780, May 15 th . and 12 th . August 1785, and 3 d . February 1786; from all Claims on account of Pay, or Depretiation of Pay, to which he might otherwise have been entitled, by virtue of the Resolve 3 of the 11 th . April 1780.

All which is humbly Submitted.

Samuel Osgood

Walter Livingston

Arthur Lee

March 11 th . 1788.

[Letter of Secretary at War respecting land bounties 4 ]

War Office , March 10 th 1788 .

Sir : I have the honor to submit to Congress, a report of the measures which have been adopted, in consequence of their directions of the 22nd of October last, 5 respecting the lands appropriated to satisfy the bounties due the late army of the United States, and also, to state some circumstances relative to claims for lands, by certain descriptions of officers, on which it may be necessary for Congress to decide.

The numerous speculations, or transfers of the real and supposed claims of individuals, for lands, rendered it highly proper to ascertain the names of all persons originally entitled to lands, by the resolves of Congress. Accurate lists are therefore making out, at the office of the Commissioner of army accounts of all the legal claimants. The muster rolls from time to time are the only genuine means to guard against fraud in this case. The alphabetical lists which are forming from them are considerably advanced, and will probably be completed in three months. The work which is very voluminous will be important for other public objects than the one herein specified.

I applied, early after Congress passed the before recited resolve of the 22nd of October, to the Geographer to have the tract situated at the mouth of the Ohio surveyed. He expressed his readiness to direct the surveys, but required, as an indispensible preliminary, an advance of twelve hundred dollars, without which, the persons in the department could not undertake the business. The board of treasury, on a request for this sum, stated, that the situation of the treasury would not admit of any advance to the surveyor's department.

Being desirous that the orders of Congress should be promptly executed in this respect, I suggested the expedient of the surveys being performed, under the direction of the Geographer, by some of the military officers on the Ohio. The board of treasury, and the Geographer agreeing with me in the propriety and oeconomy of the measure, I directed Brigadier General Harmar to appoint suitable officers to survey the exterior lines of the tract, at the junction of the Ohio, with the Mississippi, according to the mode which should be pointed out by the Geographer. I stated explicitly that for this service the officers were not to expect any compensation. But I informed him that the tracts would be divided into lots, and that for the surveys of such lots as should have been alienated by the persons originally entitled, a reasonable price would probably be fixed, by which the officers would be compensated for their trouble in making the surveys.

I humbly presume, that it is the intention of Congress, that the officers and soldiers possessing their own rights to land should have the quantity to which they are respectively entitled, surveyed and delivered to them free of all expences whatever.

But, as a very great proportion of the persons originally entitled, have transferred their claims to Speculators for inadequate considerations, 0098 88 the public are not obliged perhaps to survey and deliver such lands free of all expence.

Were the whole quantity due the late army to be surveyed into lots of the sizes stipulated, the cost of the surveys would probably exceed the sum of one hundred thousand dollars, a sum, far exceeding the public ability to furnish for the object. As this is a point on which the decision of Congress may be considered as necessary, the following resolve is submitted.

Resolved , That all officers and soldiers of the late army of the United States, possessing their rights to the bounty lands stipulated by the resolves of Congress, shall have the quantity to which they are respectively entitled, surveyed and delivered to them without any expence whatever. That the army rights to lands which may have been alienated, be charged only with the actual expences of surveying the same.

A mode for the distribution of the lands will be formed and hereafter submitted to Congress.

Some doubts have arisen whether the officers who were deranged in 1778 and 1779 were entitled to lands. But I presume a recurrence to the original resolve 1 on this subject of the 16th of September 1776, will fully establish their right. It is there stipulated that lands shall be granted “to the officers and soldiers who shall engage in the service, and continue therein until the end of the war, or until discharged by Congress , and to the representatives of such officers and soldiers as shall be slain by the enemy.”

An officer who resigned and voluntarily quitted the service was clearly precluded from land and other emoluments. But in the case of a derangement by Congress, he is entitled to all the stipulations made previously to his discharge. The officers who were discharged in 1778 and 1779 received one year's pay in a depreciated paper as a gratuity, but there were not any resolves of Congress which deprived them of the lands.

Some doubts have also been suggested respecting the lands which have been alienated since the war by the officers and soldiers originally entitled. The preamble of the resolve 2 of Congress of the 20th of September 1776 precluded the sale of the lands only during the war, and the resolve founded thereon ought not to have a more extensive construction. The resolve itself, however seems to preclude any

2 Journals , vol. V, p. 788.

Should the mode herein suggested for the survey of the outlines of the tract at the mouth of the Ohio, meet with the approbation of Congress the outlines of the reserved tract north of the purchase of Cutler and Sargent could also be surveyed by the same means; And if a discrimination could with propriety be made between unalienated and alienated lots, so that the latter should be charged with a reasonable price for the expence of surveying, the whole of the army lands might be delivered to the persons entitled thereto, without any expence to the public.

I have the honor to be, etc.,

H Knox

His Excellency The President of Congress

[Report of Commissioner of Army Accounts on petition of C. Medici 1 ]

Office of Army Accounts New York March 10 th . 1788

The Commissioner of Army Accounts to whom was refered the Petition of Cosimo Medici, begs leave to report,

That the Commissioner had a deputy stationed in North Carolina from August 21 st . 1784 to the last of June 1785 for the purpose of receiving and examining the claims of the Army. that your Commissioners deputy advertised in the public papers that these claims be produced, and that in the winter of 1784 the Commissioner attended in the State himself to receive and finally adjust them. That a Resolve 2 of Congress of the 2 d . day of Novem r . 1785 has directed that all persons having claims for services performed in the military department, should exhibit the same for liquidation to your Commissioner on or before the first of August then next, and that all claims

2 Journals , vol. XXIX, p. 866.

That the Petitioner did not lodge his demands, either with your Commissioner or his deputy within the period assigned in the before mentioned resolution of Congress, wherefore the Commissioner is humbly of opinion that no releif can be granted to the Petitioner, in respect to the demands on your Commissioners Office, and that his claim by the said Act is forever precluded from adjustment or allowance.

That his further claim for the loss of his Horses is not precluded by the afores d . act, and properly comes before the Treasury for the consideration of the propriety of its being admitted, and as the compliance with demands of this nature must depend on the resolves of Congress already existing, the particular interposition of Congress in this case, your Commissioner presumes, is unnecessary.

All which is humbly submitted.

Jn o . Pierce

[Letter of Secretary for Foreign Affairs regarding capture of sloop America. 1 ]

Office for Foreign Affairs 7 th . March 1788

Sir : I have the Honor of transmitting to your Excellency, herewith enclosed, two Letters both dated the 5 th . of last Month, one from Mess rs . Clark and Nightingale, and the other from the Honorable 0101 91 David Howell Esq r ., together with the Papers that accompanied them, and am with great Respect, etc.,

John Jay 1

His Excellency The President of Congress .

Congress assembled present as yesterday.

[Report of Secretary for Foreign Affairs on Col. Smith's letter 2 ]

Office for Foreign Affairs 12 th . March 1788

The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter from Col l . Smith of the 12 th . Septem r . last with the Papers that accompanied it,

Reports,

That they contain a Detail of Occurrences and Observations in the Journey he made to Lisbon, to deliver the Letter of Congress to the Queen of Portugal. It appears from them that he was well received by the Court of Madrid, and favored by the Minister with a polite and friendly Letter of Introduction to the Spanish Resident at Lisbon.

That he received particular Marks of Attention from the Queen and her Minister for foreign Affairs, with whom he had much Conversation respecting the Treaty negociating between that Country and this.

That the Queen “was not much pleased that, she had not been noticed by Congress in the Way that her Friends and neighbouring Nations had.”

That she was desirous of receiving a Minister from the United States, and of sending one to them of any Rank or Degree most agreeable to them; but she did not wish that only a Chargé des Affaires should be appointed.

That the Queen would rather negociate for a Treaty at Lisbon than at London; and that this Disposition rendered it probable that in such an Event the Obstacles which now retard it might be more easily removed.

Your Secretary thinks it adviseable for the United States to conclude a Treaty of Commerce of limited Duration with Portugal, and that a Minister plenipotentiary should be sent to that Court in case adequate Provision can be made for the Expence.

He further reports, that the Conduct of Col l . Smith appears to him to have been proper; and therefore in his Opinion that it would be well to permit your Secretary to insert the following Paragraph in the next Letter which he may write to the Colonel.

“Your Letter of the 12 th . September last together with the Papers which accompanied it have been communicated to Congress, and in Obedience to their Orders I have the Pleasure of informing you that they are pleased with the Manner in which you appear to have treated the Affairs to which those Dispatches relate.”

All which is submitted to the Wisdom of Congress.

John Jay . 1

Congress Assembled, present, New Hampshire Massachusetts, Connecticut, Pensylvania Delaware, Virginia and 0103 93 South Carolina and from New Jersey M r [Abraham] Clark, from Maryland M r [David] Ross and from North Carolina M r [James] White.

1 The Secretary for foreign Affairs, to whom was referred a letter 2 of the day of 1787 from the Chevalier de la Luzerne to his Excellency the President of Congress having reported, 3 That in his opinion it would be proper that he should write to the Chevalier a letter of the following tenor,

Sir : His Excellency the President laid before Congress your letter of recall, together with the one that enclosed it; and I have the honor, in obedience to their orders, to assure You, that had You resumed Your former place near them, You would have received fresh and continued marks of that esteem with which the manner in which You fulfilled the duties of it, very early impressed them. They have heard with pleasure of the recent and honorable proof which the King has given You of his confidence, and as Your attachment and services to this country will always be remembered, so You will always have the best wishes of Congress, that success and prosperity may attend You to every station, to which Your distinguished merit and talents may induce the King to call You.

Resolved , that Congress agree to said report and that it be referred to the Sec y . for for n Affairs to take order.

[Letter of Secretary at War transmitting information on Western territory 1 ]

War Office , March 17' th . 1788 .

Sir : I request permission to submit to your Excellency for the information of Congress, the copy of a letter received from Brigadier General Harmar, commanding the troops on the frontiers of the United States dated the 10 th . of January last.

I have the honor to be, etc.,

H Knox

His Excellency The President of Congress .

[Letter of Secretary at War transmitting information on Indian affairs 2 ]

War Office , March 17' th 1788 .

Sir : I have the honor to submit to Congress, copies of the following letters and papers containing information relative to indian affairs, viz t .

I have the honor to be, etc.,

H Knox 1

His Excellency The President of Congress .

Congress Assembled, present, New Hampshire Massachusetts, Connecticut, New Jersey, Pensylvania, Virginia and South Carolina and from Delaware M r [Nathaniel] Mitchell, from Maryland M r [David] Ross and from N[orth] C[arolina] M r [James] White.

The Committee to whom it was referred, to revise and amend the land ordinance, having reported the draught of a supplement to an Ordinance entitled, An Ordinance for ascertaining the mode of disposing of lands in the Western territory, it was read a first time.

[Report of committee on amendment of land ordinance 2 ]

A Supplement to an Ordinance entitled “An Ordinance for Ascertaining the mode of disposing of Lands in the Western Territory.

Whereas it Appears inconvenient to pursue the mode prescribed in the Land Ordinance 1 passed the twentieth day of May in the year one thousand seven hundred and eighty five, for disposing of the Land therein directed to be Surveyed, by Allotting certain proportions thereof to the Several States to be sold by Loan Officers in each State. And Whereas a Sufficient quantity of Land hath been Appropriated for the bounties to the late continental Army since passing the above mentioned Ordinance as to render any further draughts for that purpose out of the Townships already Surveyed both unnecessary and improper , Therefore,

Be it Ordained by the United States in Congress Assembled, that so much of the said Ordinance passed the twentieth day of May in the year one Thousand seven hundred and Eighty five, as ordains certain parts of the Townships therein directed to be Surveyed, to be drawn for in the name of the thirteen States respectively according to the Quotas in the last preceding requisition on all the States in order that the same might be sold by the Loan Officers in said States; And Also that part of the said Ordinance which directs that the Secretary at War shall take by Lot from the Townships when surveyed a Number of Townships and fractional parts of Townships for the use of the late continental Army, so far as the same respects future draughts for that purpose, shall be, and the same are hereby repealed.

And be it further Ordained that the board of Treasury proceed to the Sale of the three last ranges of Townships Surveyed in the Western Territory in the same manner, and upon the Same conditions and under the restrictions and limitations prescribed in the resolutions 2 of Congress of the twenty first of April last, except as to the place of Sale and daily continuance thereof, including in such Sales the parts thereof which by the Ordinance of the twentieth of May One Thousand seven hundred and Eighty five, were directed to be drawn for the late Army. And Also that the board of Treasury proceed to Sell Such parts of the first four ranges of Townships as they were directed to Sell by the resolutions of the twenty first of April last, which remain Unsold; That the said board be authorized to commence the Sale of the Lands Above directed to be sold, either at New York or Philadelphia; and may Adjourn such Sales from time to time to any part

2 See Journals , vol. XXXII, p. 226.

That all grants or Sales which have been or may be made by the said board Agreably to Any Resolution or order of Congress, Already, or which hereafter may be passed, shall be good and Valid, and fully entitle the purchaser or purchasers to An Absolute all the Right of the United States in and to the premises granted.

That the Secretary at War issue Warrants for bounties of Land to each of the Officers and Soldiers of the late continental Army who may be entitled to such bounties, or their respective Assigns or legal representatives, certifying therein the Regiment Corps or Company to which such Officer or Soldier belonged, with the time of his Service, and when discharged, together with the quantity of Land they may respectively be entitled to by former Acts of Congress with an Additional quantity of Acres to each Colonel and Lieutenant Colonel; Acres to each Major; Acres to each Captain; and Acres to each Non Commissioned Officer and Soldier, As a Compensation for their expences in locating the same.

That the Geographer by Warrant under his hand and Seal, Appoint One Surveyor to each of the two Tracts or districts of Land reserved and set apart for the purpose of Sattisfying the Military bounties due to the late Army by the Act 1 of Congress of the twenty second of October last; Which Surveyor shall reside at, or as near to the district for which they may be respectively Appointed, as can be done with Safety, who, upon Application for that purpose from any person holding a Land Warrant issued as above mentioned, shall, at the expence of the Applicant first paid or secured, run out and Ascertain in the district for which he is appointed, the exact quantity of Land mentioned in such Warrant, the lines of which shall run East and West North and South, except at the extremity of the district where the same may bind upon a River; the first Survey so to be laid out in each district to be laid in one corner thereof, and every Succeeding Survey to be laid Adjoining the last Survey in such district, in such a manner that no interstices shall be left between Surveys, Always Observing as much regularity in laying each Survey compact, as the preceding Surveys will Admit of. That each Surveyor upon laying out any Tract, shall protract and lay the same down on a General Map to be kept and preserved, and shall Number each

1 See Journals , vol. XXXIII, pp. 695–696.

That the Surveyors to be appointed as herein before directed shall be entitled to receive for the Services enjoined upon them by this Ordinance, so much only as shall be Allowed and fixed by the Governor and Judges of the Western Territory and shall be liable to be displaced by the Geographer for Neglect of duty or other Misbehaviour, in which Case he shall supply any Vacancy so happening by a New Appointment.

That each Surveyor who may be appointed under this Ordinance, before he enters upon the duties of his Office, Shall take an Oath or Affirmation, that he will justly and truly execute the trust reposed in him as Surveyor of a district of Land in the Western Territory, According to the best of his Skill and Understanding without favour or partiality. Which Oath or Affirmation shall be taken before the Governor or either of the Judges of the Western Territory, or one of the Justices of the Supreme Court in either of the United States, and being duly Attested, shall be transmitted to the Secretary of Congress to be by him filed of record.

That the Maps and records before mentioned shall at all times be subject to the Orders of Congress to be removed or deposited wherever they shall direct.

That if any Officer or Soldier, or any Assignee or Grantee of either, shall desire to have their bounty of Land Allotted in the Townships or fractional parts thereof, lately drawn for the Army by the Secretary at War out of the first four ranges of Townships Surveyed West of the Ohio, and shall cause such his desire in Writing together with his Land Warrant to be deposited in the Office of the Secretary at War; the said Secretary when ever Warrants sufficient to cover the land so drawn shall be deposited in his Office for that purpose, shall cause the said Land to be divided Among such Applicants by Lot According to their respective Rights, for which Surveys shall be made out and 0109 99 delivered to the Several Proprietors Signed by the Geographer of the United States; which Surveys shall be entered recorded in a book by the Geographer and Lodged in the Treasury Office.

And Whereas Several of the Soldiers of the late Continental Army have disposed of their bounties in Land without any formal Conveyance, or any kind of transfer other than delivering their Discharges to the Purchasers, Therefore,

Be it further Ordained that all legal discharges to the Non commissioned Officers and Soldiers, when produced to the Secretary at War; And also any Conveyance duly proved, from an Officer or Soldier for bounties of Land which shall be first produced to the said Secretary, shall in either case entitle the possessor of such discharge, or Grantee in such Conveyance, to receive a Warrant in his own name for the Land due to the Officer or Soldier Selling or transferring the Same; Saving however, to all Soldiers their just Rights to Land which may be located upon Warrants granted upon discharges produced, where a fraud in Obtaining such discharge shall be proved.

And Whereas the State of Virginia in their Deed of Cession to the United States reserved Such a quantity of Land on the North West side of the Ohio between the Rivers little Miami and Scioto as would make up the deficiency of certain Lands on the South East side of the Ohio, to Sattisfie their grants to their Officers and Soldiers, which deficiency hath not been Ascertained to Congress, or any returns received from that State of the Amount of the land Located as bounties to their Troops on the South East side of the Ohio, or of the quantity of Land Appropriated in the State for that purpose; In Order therefore that such deficiency when Ascertained may be made good to the persons entitled thereto Agreably to the Terms of the Cession, Be it further Ordained That the following Tract of Land be reserved to make good such deficiency, when the same shall be Ascertained. Beginning at the Mouth of the River Scioto and Running up the same the distance of Twenty five miles measured on a Streight line, thence West to the river little Miami, thence down the said Miami to the Ohio, thence up the Ohio to the beginning. That untill the Amount of the deficiency, if any, mentioned in the aforesaid Deed of Cession, shall be ascertained no locations whatever for that purpose, or on Account thereof, shall be made by any of the Officers or Soldiers of the Virginia Troops on the North West side of the Ohio; And All Locations which have been or may be made Under the Virginia Grants to their Troops North West of the Ohio before such 0110 100 Ascertainment and untill it shall appear there will be a deficiency in the Land Assigned for their Troops on the South East side of the Ohio, shall be and are hereby declared Null and Void.

That the board of Treasury be Authorized to Sell and Convey the Whole or any part of the Lands between the Rivers little Miami and Scioto lying North of the Above reserved Tract Provided they sell no part thereof in parcels less than Acres each. That such Sales shall be for given quantities of Unlocated Lands within the Above limits, and shall be laid out and located at the expence of the Purchaser by a Surveyor to be appointed by the Geographer of the United States, who is hereby Authorized and directed to make such Appointment in the manner before directed for the Appointment of Surveyors to Locate Warrants to be granted to the Army; which Surveyor when Appointed, shall take the same Oath or Affirmation, be Subject to the like Rules, orders and restrictions, and in all respects transact the business for which he shall be appointed in the manner directed for locating the Warrants to be granted to the Army, excepting only, that he shall not retain the Conveyance given by the board of Treasury in the manner Land Warrants are to be retained.

Ordered That Monday next be assigned for the second, reading of the said Ordinance.

[Report of Board of Treasury on memorial of Rapalje and Woods 1

The Board of Treasury to whom was referred the Memorial of Garret Rapalje and John Woods, proposing a Contract for the purchase of a Million of Acres of Land, in the Western Territory, on the same terms as have been determined on by Congress on the application of Royal Flint and Joseph Parker,

Beg leave to Report to Congress

That by the sixth Article of the Treaty 2 concluded at the mouth of the great Miami on the thirty first day of January 1786, the Shawanese nation appear to have ceded all title or pretence of title to a District of Country, comprehending the tract for which the Memorialists, offer to contract.

That it does not appear to the Board that the cession of Country at the said Treaty, has been made by those Nations, which, in the contemplation of Congress had a Claim to the same; as the Act 1 of that Honorable Body of the 18 th . March 1785, expressly directs the Commissioners to hold the Treaty of that year with the Potowatamies Twightees, Piankeshaws, and other Western Nations; none of whom appear to have attended the said Treaty.

That it is presumed by the Board that the Shawanese are not considered by the Indians as a Nation having any Claim of Territory; and of course, that their Act of Cession cannot be deemed of any Validity in extinguishing the Indian Title to the lands in question.

That, as the United States in Congress have directed a Treaty to be held in the present year for the purpose of quieting the discontents already prevailing amongst the Indian Tribes, and of giving greater security to the Frontier settlements; the Board submit to their Consideration whether it would be at present adviseable to make any Contracts for Western Lands, which are not comprehended, within the Treaty held at Fort M c .Intosh in the commencement of the year 1785; more especially as from the late encreased value of the Domestic Debt, and of its probable augmentation; there is great reason to fear that the Contracts already authorised by Congress cannot be complied with.

These Circumstances the Board esteem it their duty to suggest to the consideration of Congress. Should that Hon'ble Body be notwithstanding of opinion, that it would be adviseable to enter into the proposed negociation the Board submit to their consideration the following Resolve,

“That the Board of Treasury be authorised and directed to enter into a Contract with Garret Rapalje and John Woods for the sale of One Million of Acres of Land on the North side of the River Ohio and Westward of the Great Miami, and that in ascertaining the boundaries of the said Tract, and the Terms of the Contract they conform to the Act 2 of Congress of the 23 d . July 1787; and to the Conditions prescribed on the application of Royal Flint and Joseph Parker.

All which is humbly submitted.

Samuel Osgood

Walter Livingston

Arthur Lee

March 18 th . 1788.

Congress Assembled, present New Hampshire Massachusetts, Connecticut, New Jersey, Pensylvania, Virginia and South Carolina and from New York M r [Leonard] Gansevoort, from Delaware M r [Dyre] Kearny, from Maryland M r [David] Ross and from North Carolina M r [James] White.

[Motion of Mr. Clark respecting T. H. Cushing 1 ]

Whereas it appears the Thomas H. C. an Officer in the late Massach s . line of the late Army, was in his right of promotion app ed . by the State of Massach s . a Cap t Lieu t which Appointment having been forwarded to the Col o . of the Regim t . to which he belonged, was by the Col o . detained, by which means M r . Cushing never Obtained a Commiss n . agreably to such Appointm t . and thereby was deprived of further promotion to the rank of Captain in the Army which he otherwise would have Obtained; but inasmuch as another Officer hath by these the Above means received from the Un. the emoluments of the Office, and M r . Cushing having neglected to seek his redress in a proper time to prevent such emoluments being received by another, the same whereupon

Resolved

[Report of Board of Treasury on memorial of J. Stevens 2 ]

The Board of Treasury to whom was referred the Memorial of John Stevens, late a Captain in the Army of the United States

Beg leave to Report to Congress

That at the Memorialist commanded a Company raised by the State of Connecticut, in the late War, for the service of the United States.

That in the month of May 1776, he was made a prisoner, and remained in Canada a considerable time, as a Hostage for the prisoners taken at the Capitulation of the Cedars; and appears not to have been exchanged till the month of February 1782.

That on the 25 th . of May 1781, it was resolved 1 by Congress, “that Officers who were Hostages, and liable to be called for by the Enemy (though not in the line of the respective States) should be entitled to their full pay 'till redeemed; and to half Pay in the same manner with other Officers of equal Grade, and that it should be recommended to the several States to settle with them accordingly.”

That the Memorialist appears to have applied to the State of Connecticut for the benefit of this Act, but without success; that the circumstances of his Claim was, on a reference, reported to Congress by the Commissioner of Army Accounts previous to the Expiration of the Period fixd for receiving Military Claims, agreably to the Resolve 2 of the 2 d . Nov r . 1785 and that in consequence, it was on the 7 th . of August 1786, recommended 3 specially to the State, “to settle the Claim of Captain John Stevens for Pay and Depreciation as a Captain of a Company in the Connecticut line of the Army.”

That on a second application from the Memorialist to the Legislature of the State of Connecticut to settle his Account of Pay and Depreciation, agreeably to the Act of Congress, above stated, it appears, that the same was rejected.

On the above circumstances the Board beg leave to observe, That although no precedent has yet been established, by which Congress have directed the Commissioner of Army Accounts to settle the Pay and Depreciation of Officers whose application to the States, in pursuance of the Recommendations of Congress have not been successful; yet that the Case of the Memorialist appears of so peculiar a nature, as, in the opinion, of this Board, to render it proper on the part of the United States, to extend that relief to him which was intended by their Acts of the 25 th . May 1781 and 7 th . August 1786; for which purpose they submit to the Consideration of Congress the following Resolve

That the Commissioner of Army Accounts be authorised and directed to settle the Pay and Depreciation of Captain John Stevens (a Hostage during the late War at the Capitulation of the Cedars) as a Captain of a Company in the Connecticut Line of the Army.

All which is most Humbly Submitted.

Samuel Osgood

Walter Livingston

Arthur Lee

March 19 th . 1788.

[Letter of Secretary at War respecting burned stores 1 ]

War Office March 19 th . 1788 .

Sir : I am extremely sorry to inform Congress, that the most valuable part of the Ordnance Stores of the United States at Charlestown South Carolina have been destroyed by the conflagration of the State House at that place.

The enclosed extract of a letter just received from the person having charge of the Stores is all the information I have received relative to this unfortunate event.

The Muskets were generally out of repair, and a considerable proportion of them would not have repaid the expence of repairs.

The principal Stores which remain there are seventeen pieces of brass Ordnance, with a very defective supply of ammunition.

As the Stores are thus reduced and the public not in a situation to establish any considerable Arsenals in South Carolina at present, I submit to the consideration of Congress the propriety of delivering, the Cannon and their apparatus to the executive government of South Carolina, on condition of their being returned, when demanded by Congress, or the Secretary at War.

By this arrangement the expence of a Store keeper will be saved to the public, and I presume the Cannon may be as ready for the purposes of the United States, as they will probably be under the present circumstances.

I have the Honor to be, etc.,

H Knox 2

His Excellency The President of Congress .

Congress Assembled, present, New Hampshire, Massachusetts, Connecticut, New Jersey, Pensylvania Virginia and South Carolina and from Delaware M r . [Dyre] Kearny from Maryland M r [David] Ross and from North Carolina M r [James] White.

A supplement to an Ordinance, entitled An Ordinance for ascertaining the mode of disposing of lands in the western territory was read a second time. 1

Ordered , That the consideration of the said ordinance supplement be postponed until tomorrow.

[Report of Secretary of Congress on Sundry letters and petitions 2 ]

Congress Assembled, present as before.

Agreeably to order Congress proceeded to the consideration of the supplement to the land Ordinance 1 and not having gone through the same adjourned till tomorrow.

[Motions for Amendment to land ordinance 2 ]

A

certifying therein [or station in which such officer or soldier had served] the rank of each officer and the line, Reg t . corps or Comp y . to which the officer

Rank, general officer and to each,

And shall be in squares unless restrained by lines of former locations surveys.

And no survey shall contain less than 64,000 Acres.

[Report of Secretary at War on memorial of J. Story 3 ]

The Secretary of the United States for the department of War to whom was referred the memorial of John Story,

Reports,

That the enclosed copy of said memorial was not received until two days past, owing to the absence of the memorialist and other causes.

That it appears that the said John Story acted as a volunteer aid-de-camp for some time during the late war, to the late Major there General Lord Stirling.

That for the service of volunteer aids de camp, no pay nor emoluments of any kind have been stipulated or allowed. M r . Story therefore 0118 108 cannot consistently with the practice in such cases receive any rewards for the service he performed as volunteer aid-de-camp.

All which is humbly submitted.

H Knox

War Office . March 11 th . 1788

[Report of Secretary at War on Fort M c Intosh 1 ]

The Secretary of the United States for the department of War to whom was referred an extract of a letter dated January 10'th 1788 from Brigadier General Harmar respecting Fort M c . Intosh

Reports;

That the situation of Fort M c . Intosh has been estimated of considerable importance in a defensive system for the frontiers.

That for the troops to abandon the position entirely, at a tune when the people of the frontiers are apprehensive of an indian wax, would be politically injurious in the minds of the inhabitants who conceive themselves protected thereby.

That this circumstance, and the probability of occupying the Big Beaver Creek, as a communication to Cayahoga river and lake Erie, induce your Secretary to be of opinion, that it would be proper to construct a block house for the present in the vicinity of Fort M c . Intosh, and to garrison the same by a party of an officer and fifteen or twenty men. That Fort M c . Intosh should be dismantled and demolished, and the materials disposed of for the public service in such a manner as the commanding officer may think proper.

Your Secretary conformably to this opinion submits the following resolve to Congress

Resolved , That the Secretary at War direct the commanding officer to erect a block house, in the vicinity of Fort M c . Intosh, and place a suitable garrison therein, and that he dismantle and demolish Fort M c . Intosh, and dispose of the materials thereof in the manner most conducive to the public service.

H Knox

War Office , March 20 th . 1788.

[Report of Secretary for Foreign Affairs on complaint of Minister of United Netherlands 1 ]

Office for foreign Affairs 24 th . March 1788

The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter 2 to him of the 18 th . December last from the Minister plenipotentiary of the United Netherlands,

Reports,

That in this Letter the Minister complains, that one of his Domestics had been arrested by a Constable of this City named John Wessel, in pursuance of a Warrant issued by John Wiley Esq r . one of the Alderman of the same.

That on the 4 th . January last he wrote the following Letter on the Subject to the Mayor of the City, Viz t .

“ Office for foreign Affairs 4 th . January 1788

Sir : The Paper herewith enclosed is a Translation of a Letter in french dated the 18 th . ult. which I received from the Minister of the United Netherlands shortly before I returned to Town, the Day before Yesterday.

As the Aggression of which he complains, is not the first of the kind which that Minister has experienced during his Residence here, he feels it very sensibly.

I think it my Duty, Sir, to lay this Matter before you that proper Measures may be taken to satisfy the Minister, and to prevent the like Improprieties in future.

I have the Honor to be, etca.,

(signed) John Jay .

The Honorable James Duane Esq r . Mayor of the City of New York”

That in Answer to this he received the following, Viz t .

“ Office of Mayoralty 7 th . January 1788

Sir : Yesterday I had the Honor of your Favor, enclosing a Copy of the Honorable M r . Van Berckel's Complaint of a Violation of his Privileges, as the Minister at this Court for the United Netherlands. 0120 110 I am now engaged in the Mayor's Court which fully employs my Time and Attention, the Recorder who only could relieve me being absent. As soon as the Term ends I shall hope for a Conference with you on the Subject. In the mean Time I shall apprize Alderman Wiley of the Accusation, and recommend to him Conciliation, that we may be extricated from a Controversy which, if it becomes serious, cannot fail of proving highly disagreeable perhaps disgraceful to a City with the Police of which I am so intimately connected.

I have the Honor to be &ca.,

(signed) Ja: Duane .

Honorable John Jay Esq r . Secretary for foreign Affairs “

That on the 10 th . of the same Month he wrote to the Minister as follows, Viz t .

“ New York 10 th January 1788

Sir : The Letter you did me the Honor to write on the 18 th Day of December last was transmitted to me whilst in the Country.

On my Return to Town I wrote a Letter on the Subject of it to the Honorable M r . Duane, and enclosed a Translation of your Letter; for as the Aggression complained of was committed in this City, it appeared to me proper that the Circumstances should be made known to its first Magistrate, in Order that Measures might be immediately taken, both for your Satisfaction and to prevent the like Improprieties in future.

The Mayor received the Application in the Manner becoming his Character and Office; but his whole Time being engaged by the Mayor's Court which is now sitting, a Day or two must elapse before it will be in my Power to give you any more particular Information on the Subject.

I exceedingly regret that you should experience the least cause of Complaint from any of our Citizens. The present Instance doubtless originated in Ignorance, not in Design; but still as your official Rights were infringed, it is highly proper not only that you should assert them but that proper Satisfaction be given you on that Head.

I have the Honor to be &ca.,

(signed) John Jay

The Honorable the Minister of the United Netherlands ”

That he has since had sundry Conferences with the Mayor on the Subject, and that the Mayor appeared willing and desirous to do what might be right on the Occasion.

That the necessary Absence of the Mayor and Recorder, who were obliged to attend the Legislature at Poughkeepsie, has subjected the Progress of this Business to Delays, which he explained to the Minister in a Manner which he had Reason to think satisfactory.

That he was induced to be at the Trouble of these informal Measures, in Hopes of being able to conclude the Business without the Interference of the national Government, which in his Opinion would tend to give it a greater Degree of Importance than it appeared to him to merit.

That he nevertheless conceived it to be his Duty to inform Congress precisely of what had happened and been done, and therefore made the written Communications to them, which form the Subject of the Reference in Question.

That the foederal Government does not appear to him to be vested with any judicial Powers competent to the Cognizance and Judgment of such Cases, and therefore in his Opinion Congress can in the first Place only

Resolve that a Copy of the said Letter be transmitted to his Excellency the Governor of the State of New York, to the End that such judicial Proceedings may be had on the Complaint stated in it, as Justice and the Laws of Nations may require.

All which is submitted to the Wisdom of Congress.

John Jay .

[Report of Secretary for Foreign Affairs on the sloop America 1 ]

Office for foreign Affairs 25 th March 1788

The Secretary of the United States for the Department of foreign Affairs, to whom was referred his Letter of the 7 th March Ins t . with two Letters, both dated the 5 th . of last Month, one of which is from the Honorable David Howell Esq r . and the other from Mess rs . Clark and Nightingale, together with the Papers which accompanied them,

Reports,

That from these Letters and Papers it appears that a Sloop called the America, commanded by a Captain Barley and belonging to Mess rs . Clark and Nightingale of the State of Rhode Island, being at Turks Island, did obtain Permission in Writing, dated 24 th November 1786, from Andrew Symmer the Commander there, to take on board 1200 Bushels of Salt, and any other Product of that Island not prohibited by Act of Parliament.

That on the 25 th . November 1786 he took in about 350 Bushels of Salt, and was then seized by Captain Drysdal of the Vigilant Tender in the Service of the Custom House of his britannic Majesty, and carried to New-Providence, where she was libelled and condemned, the Captain not being able to prevail on any of the Gentlemen of the Law to appear in his Defence.

That if the Facts stated in these Papers are well founded, the Captain and his Owners have much Reason to complain of uncandid and unjust Treatment.

As to the Sentence and Decree of the Court of Admiralty, the Defendants must pursue their Remedy by Appeal in the accustomed Manner, and therefore in this Stage of the Business, your Secretary conceives that Congress cannot with Propriety interpose on the Principle that the Court has done wrong.

But as there is Reason to suspect that there was Collusion between the Commander at Turks Island who gave the Permit to take in the Salt, and Captain Drysdal who seized the Sloop for so doing; and as from the Refusal of the Lawyers at Providence to be concerned against such Seizures, it seems as if the Influence of the King's Officers there was exerted in a Manner little consistent with the Honor and Justice of the Nation, your Secretary thinks it would be useful to the commercial Interests of the United States to cause his britannic Majesty to be well informed of these Facts.

But as before any Dispatches from hence can reach Britain, it is highly probable that M r . Adams will have left it, and as Congress have not thought it adviseable to appoint a Successor to him, nor to charge any Person with their Affairs there, your Secretary cannot think of any other Order or Resolution that would be proper to take on the Application in Question, than that your Secretary should be directed to return the said Papers and Documents to Mess rs . Clark and Nightingale, and inform them, that as a Way for Redress remains open to 0123 113 them by Appeal in the ordinary course of judicial Proceedings, it would be improper for Congress to interpose at present.

All which is submitted to the Wisdom of Congress.

John Jay . 1

Congress Assembled present, New Hampshire Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia and South Carolina and from New York M r [Leonard] Gansevoort, from Delaware M r [Dyre] Kearney from Maryland M r [David] Ross and from North Carolina M r [James] White.

Congress resumed the consideration of the supplement to the land Ordinance 2 and not having finished the same, adjourned till tomorrow.

[Letter of Secretary at War transmitting a memorial 3 ]

War Office , March 26'th 1788

Sir : I have the honor to transmit to your Excellency, a memorial from lieutenant colonel Tousard, requesting payment of the arrearages of the pension, directed to be paid to him, by the resolve of Congress of October 27'th 1778.

This gentleman, who is at Cape Francois, has empowered M r . Otto to receive his arrearages, and remit the same to him.

I have the honor to be, etc.,

H Knox .

His Excellency The President of Congress .

Congress Assembled, present as before.

On a report 1 of the Secretary at War, to whom was referred an Extract of a letter 2 dated Jan y 10 th . 1788 from Brigadier General Harmar respecting Fort M c Intosh,

Resolved , That the Secretary at War direct the commanding Officer to erect a block House in the vicinity of fort Mc Intosh, and place a suitable garrison therein, and that he dismantle and demolish Fort M c Intosh, and dispose of the Materials thereof in the manner most conducive to the public service.

Congress proceeded to a farther consideration of the supplement to the land Ordinance, 3 and after debate thereon, adjourned till Monday next.

[Report of Board of Treasury on memorial of Mary Vance 4 ]

The Board of Treasury to whom was referred the Memorial of Mary Vance, Administratrix of the Estate of Joseph Curry dec d .

Beg leave to Report

That the Memorialist states, “that her Son Joseph Curry, now deceased, entered into the service of the United States early in the late War, in quality of a Steward and Commissary in the Hospital Department, and continued in that capacity till his death, in the Month of December 1780.

“That, in consequence of the recommendation of Congress, the Legislature of the State of New Jersey (of which her deceased son was a native) past an Act to make up the Depretiation of pay to such of their Citizens as had served in the Hospital Department of the United States; which Act the Memorialist states, has been repealed, after the claim of her deceased son had been duly audited, and previous to the issue of the State Treasurers Certificate, as usual in such cases; and that she is therefore constrained to have recourse for relief in the premises to the justice of the United States.”

On the above Memorial, we beg leave to observe, that as it appears to the Board from a report on this Claim by the Commissioner for settling the accounts of the Hospital Department, that the State of New Jersey has actually settled the accounts of such of her Citizens as were entitled to the depretiation of pay, it must be presumed that there are causes, which have obstructed the settlement of the Claim of the Memorialist, of which this Board are at present ignorant.

They therefore beg leave to suggest, whether it might not be proper, previous to any determination on this Memorial, that Congress should obtain Official information, from the State of New Jersey, whether the Acts past by that State for making up the depretiation of pay, agreeably to the resolves of Congress have been repealed previous to the complete execution of the same; and in such case, of the reasons, which may have induced this measure.

From the result of this enquiry, Congress will be able to determine how far it might be proper to extend relief to persons, who in consequence of the repeal of the Law above mentioned, may have been deprived of that compensation to which by the resolves of Congress they were respectively entitled.

All which is humbly submitted.

Samuel Osgood

Walter Livingston

Arthur Lee 1

March 27 th 1788.

Six States only attending, namely New Hampshire Massachusetts, Connecticut, Pensylvania, Virginia and South Carolina, and from New York M r [Leonard] Gansevoort from New Jersey M r [Abraham] Clark, from Delaware M r [Dyre] Kearney from Maryland M r [David] Ross, from North Carolina M r [James] White and from Georgia M r [Abraham] Baldwin, the President adjourned Congress to 11 o Clock tomorrow.

Six States only attending, namely New Hampshire, Massachusetts, New Jersey, Pennsylvania, Virginia and South Carolina, and from Connecticut M r [Stephen Mix] Mitchel from New York M r [Leonard] Gansevoort, from Delaware M r [Dyre] Kearney, from Maryland M r [David] Ross, from North Carolina M r [James] White and from Georgia M r [Abraham] Baldwin the President adjourned Congress to 11 o Clock tomorrow.

Four States only attending, namely New Hampshire Massachusetts, New Jersey and Virginia and from Connecticut M r [Stephen Mix] Mitchel, from Pensylvania M r [William] Irvine, from Delaware M r [Dyre] Kearney, from Maryland M r [David] Ross, from North Carolina M r [James] White, 0127 117 from South Carolina M r [John] Parker and from Georgia M r [Abraham] Baldwin, the President adjourned Congress to 11 o Clock tomorrow.

Six States attending, namely New Hampshire Massachusetts, New Jersey, Pensylvania Virginia and South Carolina, and from Connecticut M r . [Stephen Mix] Mitchell from New York M r [Leonard] Gansevoort, from Delaware M r [Dyre] Kearney, from Maryland M r [David] Ross, from North Carolina M r [James] White and from Georgia M r [Abraham] Baldwin the President adjourned Congress to 11 o Clock tomorrow.

The same as before.

The same as before.

Five States only attending, namely New Hampshire Massachusetts, Pensylvania Virginia and South Carolina, and from Connecticut M r [Stephen Mix] Mitchell, from New York M r [Leonard] Gansevoort, from New Jersey M r [Abraham] Clark, from Delaware M r [Dyre] Kearny, from Maryland M r [David] Ross, from North Carolina M r [James] White and from Georgia M r [Abraham] Baldwin, the President adjourned Congress, till 11 o Clock tomorrow.

Four States only attending, namely New Hampshire Massachusetts, Virginia and South Carolina, and from Connecticut M r [Stephen Mix] Mitchel, from New Jersey M r [Abraham] Clark, from Pensylvania M r [William] Irvine, 0128 118 from Delaware M r [Dyre] Kearney, from Maryland M r [David] Ross from North Carolina M r [James] White and from Georgia M r [Abraham] Baldwin, the President adjourned Congress till eleven o Clock tomorrow.

During the course of this week only six states attended namely New hampshire Massachusetts New Jersey Pensylvania Virginia and South Carolina and from Connecticut M r [Stepehn Mix] Mitchel from New York M r [Leonard] Gansevoort from Delaware M r [Dyre] Kearny from Maryland M r [David] Ross from North Carolina M r [James] White and from Georgia M r [Abraham] Baldwin.

During the course of this week four states attended namely New hampshire Massachusetts Virginia and South Carolina and from Connecticut M r [Stepehn Mix] Mitchel from New York M r [Leonard] Gansevoort from Pensylvania M r [William] Irvine from Delaware M r [Dyre] Kearny from Maryland M r [David] Ross from North Carolina M r [James] White and from Georgia M r [Abraham] Baldwin.

Five states attended Namely New Hampshire Massachusetts Maryland Virginia and South Carolina and from Connecticut M r [Stepehn Mix] Mitchel from New York M r [Leonard] Gansevoort from Pensylvania M r [William] Irvine from Delaware M r Kearny and from Georgia M r [Abraham] Baldwin.

M r Joshua Seney 2 a delegate from Maryland took his seat.

The same as yesterday and from New Jersey M r [Jonathan] Dayton.

Six states attended namely New Hampshire Massachusetts Pensylvania Maryland Virginia and South Carolina and from Connecticut M r [Stephen Mix] Mitchel from [New York M r [Leonard] Gansevoort from Delaware M r [Dyre] Kearny and from Georgia M r [Abraham] Baldwin.

Six states attended namely New hampshire Massachusetts New Jersey Maryland Virginia and South Carolina and from Connecticut M r [Stephen Mix] Mitchell from Pensylvania M r [William] Irvine from Delaware M r [Dyre] Kearny and from Georgia M r [Abraham] Baldwin.

Congress assembled present New hampshire Massachusetts New Jersey, Pensylvania Maryland Virginia and South Carolina and from Connecticut M r [Stephen Mix] Mitchel, from New York M r [Leonard] Gansevoort from Delaware M r [Dyre] Kearny and from Georgia M r [Abraham] Baldwin.

[Report of Board of Treasury on memorial of W. Gardner 1 ]

The Board of Treasury to whom was referred the Memorial of W m . Gardner

Beg leave to Report

That although the case stated by the Memorialist is confirmed by the Commissioner of Accounts for the Clothing Department it is with regret the Board observe it is by no means singular; for that numerous instances occur daily, where private Credit has been 0130 120 obliged to support that of the Public during the late War, to the great Injury of the parties.

That the sum which the Memorialist prays may be paid to him out of the Requisitions due from the State of New Hampshire has been already included in a Certificate issued to him at the settlement of the General Balance of his Account, and that it would be therefore, improper, in the opinion of this Board to pay to any Individual in Specie, any part of his Capital in the Domestic Debt, whilst the Creditors at largo are obliged to receive paper for their Interest. Under these circumstances the Board submit to the consideration of Congress the following Resolve,

That the prayer of the Memorial of William Gardner cannot be complied with.

All which is humbly submitted

Samuel Osgood

Walter Livingston

Arthur Lee

10 th . April 1788.

[Report of Board of Treasury on petition of M. Faunt Le Rey 1 ]

The Board of Treasury to whom was referred the Petition of Moore Faunt Le Ray late a Major in the Regiment of Light Dragoons, Commanded by Col. Stephen Moylan

Beg leave to Report.

That the Petitioner stands charged with the Sum of Three thousand Dollars, received by him from the Military Chest in the year 1777, which sum he alledges to have laid out for the recruiting and equiping the Troop, which he commanded during the War, in the Fourth Regiment of Light Dragoons commanded by that Officer; and that he had delivered up the Accounts and Vouchers of his disbursments in the year 1779, to Col. Moylan who had neglected to return the same to the Pay Office.

That it is stated to this Board by the Commissioner of Army Accounts that Col. Moylan had received from the United States sundry sums for the use of his Regiment, for the expenditure of which he had rendered no accounts, although frequently applied to for the 0131 121 purpose; and that this neglect has induced the Commissioner, in the Settlement of the Accounts of the Officers of his Regiment to make Stoppages, in order to cover any balance which might be due from them on account of advances received from Colonel Moylan.

On the above Memorial; the Board beg leave to observe that it would be improper to attempt any redress of the grievance complained of by the Memorialist, before Col. Moylan has rendered his Accounts and Vouchers of the Advances made by him to the Officers of his Regiment; more especially as the Petitioner has it in his power to bring Col o Moylan to Account by legal process provided he can sufficiently establish the delivery of his accounts and vouchers, as stated in his Memorial.

They are further of opinion that the Commissioner of Army Accounts should, without delay, take the necessary measures for bringing Colonel Moylan to account for the sums advanced to him, in order that Justice may be done to the United States as well as the Officers of his Regiment, whose Accounts through his neglect are still open.

Under these circumstances, they submit to the consideration of Congress the following Resolve,

That the petition of Moore Faunt Le Rey together with the Report of the Board of Treasury on the same, be referred to the Commissioner of Army Accounts to take Order.

All which is humbly submitted

Samuel Osgood

Walter Livingston

Arthur Lee

April 12 th . 1788.

[Letters of Board of Treasury respecting Dutch loan]

Board of Treasury April 17 th . 1788 1

Sir : We have the honor of Enclosing to your Excellency for the Consideration of Congress, an Extract of a Letter 2 received by the last Vessels from Europe, from the Commissioners of Loans, in Amsterdam. As the Proposition contained in this Letter is of a

2 Papers of the Continental Congress , No. 140, II, pp. 496–501. Letter from Willinks and van Staphorst to Board of Treasury, January 18, 1788.

Samuel Osgood

Walter Livingston

Arthur Lee

To His Excellency the President of Congress .

Board of Treasury April 21 st . 1788 1

Sir : We have the honor of Enclosing to your Excellency for the Information of Congress a Letter 2 of the 7 th . of February last, which came to hand by the French Pacquet. It relates to the same Subject as the Letter of the Dutch Commissioners which we had the honor of transmitting to your Excellency on the 17 th . Instant.

We have the honor to be, etc.,

Samuel Osgood

Walter Livingston

Arthur Lee

His Excellency, The President of Congress .

[Letter of Board of Treasury on government expenses 1 ]

Board of Treasury April 22 d . 1788

Sir : We have the Honor of transmitting to your Excellency the Register's Statement 2 of the Receipts, and Expenditures of the Treasury to the Close of the last Year, and an Abstract 3 of the State of the Treasury for the Months of January, and February last.

We have the Honor to be, etc.,

Samuel Osgood

Walter Livingston

Arthur Lee

His Excellency The President of Congress .

[Report of Secretary at War on petition of Captain Vincent 4 ]

The Secretary of the United States for the department of War to whom was referred the petition of Captain Vincent a Huron Indian

Reports

That the papers respecting Captain Vincent were at the latter end of August last presented to your Secretary at a time when Congress were not assembled. That he examined into the claims of the said Captain Vincent and found that his legal claims were adjusted but 0134 124 that he claimed for undefined and casual services which were most probably compensated at the time they were performed.

That your Secretary persuaded the said Captain Vincent to return to his own Country again giving him a gun powder and lead and paying his expences while in the city of New York.

That Congress having no lands on Lake Champlain cannot give any to the said Vincent. But should Congress think proper they will direct that he be furnished with provisions on Lake Champlain as long as the Canadians shall continue to be furnished. Being both aged and infirm he would be comprehended within the description of Canadians who are to be supplied with one years provisions. His services may also entitle him to a suit of clothes.

On this principle the following resolution is submitted

Resolved That the Secretary at War direct Captain John Vincent a Huron indian who rendered services to the United States during the late War to be furnished with rations in the same manner as the Canadian refugees on Lake Champlain are furnished and also a suit of clothes.

H Knox

War Office October 27, 1787

His Excellency The President of Congress .

[Report of the Secretary at War on Indian affairs 1 ]

The Secretary of the United States for the department of war, to whom was referred a letter 2 of the 14'th of March 1788, from the Governor of the Western territory,

Reports,

That the confederation of a large number of tribes of Indians, to oppose the settlement of the lands, North of the river Ohio, is a subject of great importance, and seriously claims the attention of the United States.

That the said tribes of Indians have expressed the highest disgust, at the principle of conquest, which has been specified to them, as the basis of their treaties with the United States, and in consequence 0135 125 of which, the limits of their hunting grounds and territory, have been circumscribed and defined.

That the practice of the British government, and most of the Northern colonies previously to the late war, of purchasing the right of the soil of the Indians, and receiving a deed of sale and conveyance of the same, is the only mode of alienating their lands, to which they will peaceably accede.

That to attempt to establish a right to the lands claimed by the Indians, by virtue of an implied conquest, will require the constant employment of a large body of troops, or the utter extirpation of the indians. That circumstanced as they are at present, being in alliance with, and favorably treated by, the British government, the doctrine of conquest is so repugnant to their feelings, that rather than submit thereto, they would prefer continual war.

That the principle of waging war for an object which may be obtained by a treaty, is justly to be questioned.

That at the ensuing treaty, it is highly probable, the indians will, in the first instance, object to the right of the United States to the country North of the Ohio. If the Commissioners, who are to hold the treaty, are bound by instructions to adhere rigidly to the principle of conquest, and the limits of territory stated at the former treaties, an abrupt departure of the Indians, and hostilities in consequence thereof, may be expected.

Your Secretary humbly apprehends that the United States may conform to the modes and customs of the indians in the disposal of their lands, without the least injury to the national dignity. Were an opposition to the custom of the indians in this respect to be a material part of national character, it would not be highly estimated in the opinion of the world.

But, your Secretary conceives that the Commissioners may negociate an extinguishment of the indian claims, to the territory described by former treaties, and perhaps to the further extension defined in the instructions to the Governor of the Western territory, without calling in question the validity of the said treaties. In case of a new purchase, or the modification of the former boundaries, a suni of money may be given according to the indian custom, on the chiefs signing the deeds in the usual form.

As an extensive indian war in the present political crisis, and with an exhausted treasury, would be an event pregnant with unlimited 0136 126 evil, your Secretary submits, with all deference, the consideration of the propriety of so modifying the instructions to the Governor of the Western territory, and the Superintendant of Indian Affairs, as to admit of their extinguishing, by purchase, the indian claims to the Western country, described in the former treaties, with such additions, as the said commissioners shall be able to effect.

That the sum to be given, for the complete extinquishment of the indian claims to the said country, be limited to the sum of forty thousand dollars.

That one third of the said sum be paid in money, or goods, on the signing of the deeds at the ensuing treaty; one third, in the year 1789; and the remainder, in the year 1790; to be delivered on such days in the years aforesaid, and at such places, as shall be mutually agreed on.

All which is humbly submitted to Congress.

H Knox

[Letter of Secretary at War on Indian affairs 1 ]

War Office , May 2 nd . 1788 .

Sir : I have the honor to submit to Congress, an extract of the last letter from Brigadier General Harmar of the 9'th of March.

The apparent friendly dispositions of the regular tribes on the frontiers, render it probable that the murders, stated in the Kentucky Gazette of the 5' th . of April last, were perpetrated by some of the vagrant banditti of indians, who have no fixed place of abode.

I have the honor to be, etc.,

H Knox

His Excellency The President of Congress .

[Letter of Secretary at War respecting claim of J. Jackson 1 ]

War Office , May 2 nd . 1788 .

Sir : I have the honor to transmit to Congress the copy of a letter from the Honorable M r . Jefferson dated at Paris, February 6 th . 1788, with several enclosures. They were received at this office the 19'th of April.

I have the honor to be, etc.,

H Knox

His Excellency The President of Congress .

[Letters of Secretary for Foreign Affairs transmitting correspondence]

Office for foreign Affairs 1 st . April 1788 2

Sir : Your Excellency will receive herewith enclosed, a Letter 3 of the 11 th . December last from M r . Adams, together with the Paper mentioned in it.

With great Respect, etc.,

John Jay

His Excellency The President of Congress Office for foreign Affairs 1 st . April 1788 4

Sir : Whatever may be the Intention of Congress relative to the Appointments mentioned in the enclosed Letters from M r . Barclay 5

5 Papers of the Continental Congress , No. 91, II, p. 447.

I have the Honor to be, etc.,

John Jay

His Excellency The President of Congress .

Office for foreign Affairs 1 st . April 1788 2

Sir : I have the Honor of transmitting to your Excellency herewith enclosed, a Letter of the 25 th . Instant from the Mayor of this City, together with the Copy of one from Alderman Wiley to him, which is referred to in it.

From these Documents it appears that the Complaint of M r . Van Berckel has met with all the Attention which the Nature of the Case, and the Circumstances relating to it would admit of.

I have the Honor to be, etc.,

John Jay .

His Excellency the President of Congress Office for foreign Affairs 9 th . April 1788 3

Sir : I yesterday received and now have the Honor of transmitting to your Excellency, herewith enclosed, a Letter from M r . Jefferson of 21 st . December last, together with the Papers mentioned to be enclosed with it; and am with great Respect, etc.,

John Jay .

His Excellency The President of Congress .

Office for foreign Affairs 11 th . April 1788 1

Sir : I have the Honor of transmitting to your Excellency two Letters 2 of the 30 th . November, and 16 th . December last from M r . Adams, with the Papers mentioned in the former; and am with great Respect, etc.,

John Jay .

His Excellency The President of Congress . Office for foreign Affairs 11 th . April 1788 3

Sir : Your Excellency will receive herewith enclosed a Letter and Translation of it, from a M r . Collegnon, together with the little Book that accompanied it. Although his Propositions are too singular to be embraced, yet it may be adviseable to permit me to give him a general Answer.

I have the Honor to be, etc.,

John Jay .

His Excellency the President of Congress . Office for foreign Affairs 11 th . April 1788 4

Sir : I have the Honor of transmitting to your Excellency herewith enclosed, a Letter of the 10 th . Instant from M r . John Lamb, which it appears to me should be referred to the Treasury.

With great Respect etc.,

John Jay .

His Excellency The President of Congress .

Office for foreign Affairs 18 th . April 1788 1

Sir : I have the Honor to transmit to your Excellency, herewith enclosed, two Letters from Mr Jefferson dated the 31 st . December 2 and 5 th . February 3 last, together with the Papers mentioned to be enclosed with the former; and am with great Respect, etc.,

John Jay .

His Excellency The President of Congress . Office for foreign Affairs 21 st . April 1788 4

Sir : I have the Honor of transmitting to your Excellency herewith enclosed, sundry Letters from Mr Dumas of 14 th . and 27 th . November and 4 th . 18 th . and 21 st . December last, together with Translations of them; and am with great Respect, etc.,

John Jay .

His Excellency The President of Congress . Office for foreign Affairs 24 th . April 1788 5

Sir : I have the Honor of transmitting to your Excellency herewith enclosed, a Letter from M r . John M. Pintard commercial Agent of 0141 131 the United States at Madeira, dated the 3 d . of March last, together with the Papers mentioned to be enclosed in it.

I have the Honor to be, etc.,

John Jay . 1

His Excellency The President of Congress .

Congress assembled. Present New hampshire, Massachusetts New Jersey, Pensylvania, Maryland Virginia and South Carolina and from Connecticut M r [Stephen Mix] Mitchel, from Delaware M r [Dyre] Kearny and from Georgia M r [Abraham] Baldwin.

[Report of Secretary of Congress on various letters and Petitions 1 ]

Office of Sec y of Congress May 3, 1788

On the letter 2 of 10 of April from J Lamb to the Sec y of foreign Affairs desiring him to inform Congress that he is in New York and prays for a Settlement of his Mission to Algiers

The Sec y of Congress reports

That the letter of 10 of April from J Lamb be ag referred to the board of treasury.

On the letter 3 of 10 June 1787 from M r Colignon contain g his proposals for publishing a plan to extirpate all public misery

The Sec y of Congress reports

That the letter of 10 June 1787 from M r Collignon ag d with the pamphlet accompanying it be returned to the Office of foreign Affairs.

On the letter 4 of 31 Dec r . 1787 from M r Jefferson accompanied with “An Act of the King's Council of State for the encouragem t . of the Commerce of France with the U S of America Dec r . 29, 1787 and his Observations thereon

The Sec y . of Congress reports that the letter of 31 Dec r . from M r . Jefferson be returned to the Office of foreign Affairs And that the ag d Act for the encouragement of the Commerce of France with the U S of A. together with M r Lamberts Letter with accompanied the said Act be referred to the Sec y . for foreign Affairs to take Order for the publication. 5

On the memorial 1 of James Wilson in behalf of the United land Companies of the Illionois and Wabash stating the claims of the said companies, suggesting a mode for obtaining information touching the fairness of their purchases and representing their willingness in case they should be found to be well founded to cede to the U S a great proportion thereof

The Sec y of Congress reports

That the memorial of Ja s . Wilson in behalf of the United land Companies of the Illionois and Wabash be referred to ag d a committee. 2

On the letter of 20 Sept 1787 from M r Kosciusko late a Col. in the Army of the U S stating that he has not these three years rec d int on the Money due to him and praying that M r Grand may be directed to pay him yearly according to the Certificate given him at the treasury Office.

The Sec y of Congress reports

That the letter of 20 Sept 1787 from M r Kosciusko ag d be referred to the board of treasury. 3

On the petition 4 of Garret Rapalje and John Wood referring to their former petition for liberty to purchase a tract of Land N W of Ohio and stating that Contracts have been proposed to them for divers parcels of the land prayed for in case Congress should think proper to order a grant of the same and praying for a speedy answer as they have been long absent from their families

The Sec y of Congress reports

That the petition of Garret Rapalje and John Woods be referred to the board of treasury.

On the letter of the 17 April from the board of treasury enclosing an extract of a letter from the Com rs . of loans in Amsterdam touching 0144 134 a proposal for compleating the last loan made in Holland; and also on another letter of the 21 April from the board enclosing one of the 7 feb y last from M r Jefferson on the same subject

The Sec y of Congress reports

That the letters 1 of 17 and 21 April from the board ag d of treas y with the letters enclosed be referred to the said board to report.

On the letter 2 of 2 May from the Sec y at war enclosing a letter from M r Jefferson and sundry papers touching the claim of John Jackson a british pilot, who in the year 1779 went on board Capt J P. Jones then hovering on the coast of England and was detained and, in the Action with the Serapis which ensued, lost his Arm,

The Sec y of Congress reports that this matter came before Congress in 1785 and was referred to a Com ee who reported 3 as their Opinion “That 6 doll rs . per month, a pilots half pay be allowed and paid out of the treas y . of the U. S in half yearly payments to the said J Jackson” and that this report has never been still lies undetermined.

[Report of committee on Claims of Virginia 4 ]

The Committee consisting of [Mr. Jeremiah Wadsworth, Mr. Nathan Dane, Mr. Abraham Clark, Mr. William Irvine and Mr. Dyre Kearny] To whom were referred Sundry papers relative to the Illonois accounts subject to be adjusted and settled agreeable to the Terms of the Virginia Cession of Western Territory, report

That by An Act 5 of Congress of the 10 th of October 1780 it was resolved “that any necessary and reasonable expences which any particular State should [shall have] incurred since the Commencement of the present war in subduing any British posts, or in maintaining forts or garrisons within and for the defence, or in acquiring any part of the Territory that may be ceded or relinquished to the United States shall be reimbursed”.

That a Condition in the Acceptance of the Act of Virginia is as follows, “that in order to comply with the Second Condition so far as has been heretofore provided for by the Act of the 10 th . of October 1780 it is Agreed that one Commissioner shall be appointed by Congress, one by the State of Virginia, and another by those two Commissioners, who or a majority of whom shall be authorised and impowered to adjust and liquidate the accounts of the necessary and reasonable expences incurred by the said State, which they may Judge to be comprized within the true intent and meaning of the said recited Act”.

That the said Commissioners have been accordingly Appointed and after a long investigation appear to have brought the business referred to them nearly to a final adjustment, by whose determination and report in the premises the contracting parties are reciprocally bound as in all other Cases.

Your Committee, therefore, are of opinion that neither party can with any propriety interfere in the business so referred.

[Report of committee on petition of inhabitants of St. Vincents and Illinois 1 ]

The Committee [consisting of Mr. Jeremiah Wadsworth, Mr. William Irvine and Mr. James White] to whom was referred the petition of the French and American Inhabitants of Port St Vincents and the Illinois by their Agent M r . Tardiveau beg leave to report that as there is much uncertainty about the possessions of the Inhabitants of the Country upon the Wabash and Missisippi Rivers, and the Quantities of Land that they may be entitled respectively to hold and enjoy by rights acquired before they became subjects of the United States, in order to quiet their minds, to maintain them in their just rights, and extend to them the liberality of the United States they submit the following resolutions viz

Resolved that the Governor of the Western Territory shall cause to be surveyed and laid out, as soon as may be a tract of land upon the Wabash River bounded in the following manner to wit, beginning at the place where the River a Maries falls into the Wabash and 0146 136 running thence east eight miles thence north to the Southern 1 boundary line of a tract of land lately agreed for by the Board of Treasury with Messrs Flint and Parker; thence with that line to the Wabash and across the same twenty miles thence due north so far as to meet a due west line drawn from the point of beginning. Also one other tract of land upon the Mississippi bounded in the following manner viz. beginning at the mouth of the wood River and running with the Southern boundary line of a tract of land lately agreed for by the Board of Treasury with Messrs Flint and Parker to the Kaskaskias River thence Southerly untill it meets the Mississippi at the mouth of the River au Vase, thence with that River to the place of beginning and including all the Islands in that river near to the eastern bank of the same, which two tracts of land will contain and circumscribe all the settlements made by the ancient French Inhabitants, except such as may have been within the Tract agreed for with Flint and Parker upon the Illinois River, and the rights of each as may have been settled therein and provided for by the agreement with them.

Resolved that the Governor of the Western territory shall cause as soon as may be, due enquiry to be made into the claims to lands of the Inhabitants of the Country upon the Wabash and Mississippi Rivers, and where it shall be asscertained either by Records that have been preserved in the Country or by authentic writings in the Possession of the parties claiming which may not have been recorded that lands may have been granted to any of the said Inhabitants by the french Government, or conceded to them by the military officers in command there from time to time, or by the Intendant or other civil Officer of that Crown who may have been entrusted with the distribution of lands he shall provided the Quantity expressed in such grant does not exceed four hundred acres, on the application of the said Inhabitants respectively or of their Heirs or legal Representatives, cause the same to be surveyed and laid out, agreeably to the descriptions in the said Writings and Records contained, at their own proper Costs and charges, and shall grant letters patent under the seal of the Government and Counter signed by the Secretary confirming the same to the said Parties and to their Heirs and Assigns forever, to the Inhabitants of the Country upon the Wabash the Lands to be laid out in the tract upon the Wabash, and to the Inhabitants of the Mississippi in the tract upon the Mississippi.

And whereas it may be that persons may have acquired equitable Titles to lands under some peculiar Customs established and recognized in the ancient French Colonies where no actual grants have passed in that Case Resolved that the Governor of the Western Territory wherever it shall be made satisfactorily to appear by any of the Inhabitants of the Countries upon the Wabash and Mississippi Rivers, or by the Heirs or legal Representatives of any persons who have heretofore been inhabitants of the same, that they or their Predecessors respectively had acquired equitable or Customary rights to Lands shall cause to be surveyed for each on their applying for the same, and at their Proper Costs and Charges four hundred acres of Lands within either of the before described Tracts of Land, in that upon the Wabash for the Inhabitants upon the Wabash, and in that upon the Mississippi for those upon the Mississippi, and issue letters Patent under the seal of the Government granting the same in the inhabitants individuals and to their Heirs and Assigns forever.

And whereas the Country upon the Wabash and Mississippi Rivers was by the treaty of Paris 1763 ceded to the Crown of Great Britain and grants of land may have been made to Individuals inhabiting there by the Officers of that Crown Resolved that the Governor of the Western territory shall cause like enquiries to be made as in the cases of the ancient French inhabitants and order the lands to be surveyed and laid out for them respectively within the bounds of the before described tracts of Land, and under the same limitations and restrictions Issue letters Patent confirming the same to them and their: Heirs and Assigns respectively forever.

And whereas from the conquest of the Country upon the Wabash and Mississippi Rivers untill the Cession made by the State of Virginia to the United States the same was under the Government and dominion of that State, and many persons may have removed during that period into the said Country and have acquired legal or equitable Titles to lands, under the laws or Customs of Virginia Resolved that the Governor of the Western territory shall cause due enquiry to be made into the same and upon the same being asscertained; to order the lands to be surveyed and laid out for the Persons claiming the same their Heirs or legal representatives within either of the before described tracts of Land, and Issue letters Patent confirming them, to them, and their Heirs and Assigns forever under and Subject to the same Regulations limitations and restrictions as are prescribed in the Case of the french and English Inhabitants.

And whereas it may be that within the boundaries of the before described Tracts of land upon the Wabash and Mississippi Rivers after all the claims of the inhabitants, whether legal or equitable, to any quantity of Land, not exceeding four hundred Acres for each, shall have been satisfied there may yet remain an over plus, Resolved that the Governor of the Western Territory may, and he is hereby empowered and directed upon application to order the same to be surveyed and laid out for any person or persons in quantities not exceeding four hundred Acres for each applicant and to Issue letters Patent, granting and confirming the same to the said Applicants respectively and to their Heirs and Assigns for ever they paying for the same at the rate of pr Acre, any thing in the powers to the board of Treasury to dispose of Western territory notwithstanding, out of which powers the before described tracts of Land upon the Wabash and Mississippi Rivers are hereby expressly excepted.

Resolved that where the Claims to Lands of the Inhabitants of the Country upon the Wabash and Mississippi Rivers, whether legal or equitable do not amount to four hundred acres for each, the Governor of the Western territory may and he is hereby empowered at the request of the parties to grant to the Parties a quantity in addition that shall make up four hundred acres for each Inhabitant and provided that in all cases where the Claim exceeds that Quantity he shall report the same with all the Circumstances attending it to Congress for their Decision. And to the end that the business may be conducted with safety and propriety as well for the United States as for the Individuals interested, Resolved that the Governor shall erect an Office where all persons claiming lands under Grants from the Crown of France the Government of Great Britain or the State of Virginia shall present the same or authentic Copies of the Records, where the same may have been preserved and from which warrants of survey shall Issue to the Surveyors to be appointed to lay out the same, which Surveyors before they enter upon the execution of their offices shall take an Oath or AFfirmation of fidelity to the United States and for the due and faithfull execution of their Offices respectively before they enter on the same which Warrants together with plotts of the tracts of land shall be returned to and filed in the said Office, before any Patent shall Issue, and in all Cases where equitable Titles shall have been asscertained the Governor shall certify the same, under his hand and seal to the party, which certificate shall be recorded in 0149 139 the said Office and warrants of survey Issued thereupon and return of the warrants together with the Plotts of the land be returned and filed before any Patent for the same shall Issue. And the Secretary of the Government shall make return once in every three months to the Secretary of Congress of all warrants Issued by the Governor in pursuance of the foregoing Resolutions.

[Report of Secretary at War on western posts 1 ]

The Secretary of the United States for the Department War to whom was referred a letter of the 11 th . of March 1788 from the Superintendant of Indian affairs for the Northern district,

Reports,

That it is to be regretted that every arrangement of military posts for the protection of the frontiers is exceedingly defective compared with the importance of Niagara and Detroit.

That by the said posts being unjustly withheld from the United States, they are not only constrained to make inadequate establishments for the defence of the frontiers but are subjected to excessive expences by being obliged to transport all their supplies upwards of three hundred miles by land.

That untill the United States are in possession of said posts not only the before recited evils will be continued, but it is to be apprehended no solid peace can be effected with the Indians.

That the opinion of the Superintendant with respect to the establishment of posts at the Miami Village and at Cayahoga would be well founded were existing circumstances favorable to the plan.

That posts being established at said places must depend on one or the other of the following circumstances. Either the Indians must sincerely concur in the measure, or the posts and garrisons themselves must be so strong, and possess such communications, as to bid defiance to the force of the Indians.

To attempt the establishment of small posts far advanced into the country in the present irritated temper of the Indians would most probably accelerate a war which it is highly the interest of the United States to avoid.

A post of five hundred men being established at the Miami Village at the rapids of the Miami river, which runs into Lake Erie, would be highly advantageous to the Indian trade and the security of the 0150 140 frontiers. But the said post ought to be supported by others so as to have a free communication by the way of the Wabash, as well as Lake Erie.

Should the Indians at the ensuing treaty receive favorably the proposition, a considerable post might this year be established at Cayahoga river, which runs into Lake Erie. Should they be averse to the design it must be deferred. For the troops on the frontiers will be too much reduced to attempt the establishment by force, and it is uncertain whether the Treasury will be able to furnish money to recruit others to supply their places.

The average number of troops on the frontiers during the present year will not exceed three hundred and fifty, unless exigencies should arise to induce the States to furnish the public treasury better than otherwise it will be.

Hence it will appear that any capital alteration of the posts will depend on the issue of the ensuing Indian Treaty combined with other causes.

Your Secretary will request early information of the Commissioners with respect to the dispositions of the Indians on this point, which with any propositions arising therefrom shall be submitted to Congress for their decision.

All which is humbly submitted.

H Knox 1

War Office, March 31 st . 1788

Congress assembled present as yesterday and from Rhode island M r P[eleg] Arnold who produced credentials of his appointment.

[Credentials of Peleg Arnold, Rhode Island 1 ]

By His Excellency John Collins Esquire, Governor, Captain-General and Commander in Chief of the State of Rhode-Island, and Providence-Plantations,

To Peleg Arnold Esquire Greeting.

You the said Peleg Arnold being at the General Election held at Newport on the First Wednesday in May instant chosen one of the Delegates to represent this State in the Congress of the United States of America for one Year from the First Day of November next, and until another shall be appointed to take your Place, are hereby authorised and empowered to represent this State in the said Congress, during the Time aforesaid, agreeably to your said Appointment.

Given under my Hand at Newport and the Seal of the said State this Seventh Day of May A. D. 1787 and in the Eleventh Year of Independence.

(Seal) John Collins

By His Excellency's Command. Henry Ward Secry

[Motion of Mr. Carrington 2 ]

That to morrow be assigned for electing two Commissioners for settling the accounts of the five great departments.

[Report of Secretary of Congress on memorial of R. Stiles 1 ]

Office of Secr y of Congress May 6 1788

On the Memorial 2 of Reuben Stiles, late a deputy issuing Commissary stating that he has come to this city to settle his accounts but that on applying to M r Burral he finds his authority ceased on the 23 March last and praying that M r Burral or some other person may be authorized to liquidate and settle his Acco ts

The See y of Congress reports that by the Act 3 of 23 July 1787 it was resolved that all persons hav g unliquidated claims ag t . the U S in the commissary's &c department were to exhibit abstracts of such claims to the corm r . appointed to settle the acco ts . of the department within 8 months from the of the resolution and by the s d . resolution it is declared that all acco ts . not exhibited as aforesaid shall be precluded from settlement or allowance, whether M r Stiles application comes within this resolve depends on the nature of his claim his having claims ag t the U. S.

The Sec y therefore reports

ag d That the Mem l . of R. Stiles be referred to the board of treas y . 4

[Report of Postmaster General on memorials of B. Contee and I. Trowbridge 5 ]

General Post Office New York May 5 th . 1788.

The Postmaster General begs Leave to Report; Upon the Memorial of the Honorable Benjamin Contee;

That all Letters sent from one Post Office to another at the same time, are put up (with an Invoice of them) in a Bundle, covered with a Paper Wrapper, which is tied, and sealed with the Seal of the 0153 143 Office from which the letters are sent; and the Bundle is then directed for the Office to which the Letters are to be carried:

That M r Contee's Letter appears to have been the outside Letter of the Bundle, and that the Seal (probably to secure the Direction in Case of Accidents) was placed next to the Wrapper:

That the Wax used in sealing the Bundle, being hot, has melted that with which M r . Contee's Letter was sealed, and occasioned the Wrapper to adhere to it; and, that in Consequence of this Adhesion, M r . Contee's Letter was torn in taking the Wrapper off the Bundle, which is commonly done in an hurry, as there are generally People waiting at the Post Office Window for their Letters upon the Arrival of the Mail;

That, as Part of the Post Office Seal, Part of the String with which the Bundle was tied, and Part of the Wrapper, still adhere to the Seal of M r . Contee's Letter, the Postmaster General thinks it evident that the Letter was torn in the manner abovementioned.

Upon the Memorial of Isaac Trowbridge he reports;

That so far as the Postmaster General is acquainted with the Circumstances of the Case, the Memorialist has truly stated Facts;

That after the Memorialist had entered into the Contract, and before he gave Bond, he alledged a mistake in his Calculation; but the Postmaster General did not conceive himself at Liberty to make any further Allowance, as the Contract was compleated, and he had Proposals from another Person who asked but ten Dollars more than M r . Trowbridge for performing the same Service;

That the Purposes of Commerce did not require so frequent a Transportation of the mail, as thrice in each week, to the Eastward: nevertheless, as the Establishment is made, and is general, extending from New Hampshire to Georgia, and Alterations in a Part of the Route (particularly in the middle) will create Confusion in the whole, and may occasion great Damage in mercantile Cases respecting Insurance, 0154 144 Bills of Exchange, &c. the Postmaster General cannot advise an Alteration in this Respect now.

Which is with due Deference submitted.

Eben Hazard 1

Congress Assembled present as yesterday.

[Report of committee on Post Offices 2 ]

Whereas difficulties have been lately experienced by the several printers in the exchange of their papers by post and doubts have arisen how far they have the right of making such exchange free from postage, therefore Resolved ,

That, in order to promote the circulation of useful intelligence the printers of newspapers throughout these States, be allowed to exchange their papers with each other by means of the public mail without any charge of postage. Provided always that no newspaper shall be suffered to pass in the mail unless it shall be thoroughly dry and the wrapper left open at one end so that it may be clearly seen how many newspapers of the [or] publications and whether any letters, are contained therein; and if it shall appear upon examination that any letters are concealed under such wrapper, the full rate of postage shall be charged not only on such letter, but also on the other contents of the wrapper.

[Report of Board of Treasury on letter of Governor of Virginia 1 ]

The Board of Treasury to whom was referred a Letter from His Excellency the Governor of the State of Virginia of the 13 th , March 1788,

Beg leave to Report

That the application of the State of Virginia for an extension of the Period assigned by the Ordinance 2 of the 7 th May 1787, for rendering the accounts of the several States with the Union, appears to be founded on an Idea entertained by the Executive, that the Accounts of the State cannot be rendered in season, under the heads which they apprehend may be required by the Commissioner; and that consequently they would be precluded from exhibiting them at a subsequent period.

On which the Board beg leave to observe

That although the different heads, under which the accounts of several States with the Union, are pointed out by the Ordinance aforesaid, and the Commissioner for the district, in which the State of Virginia is comprehended, may have suggested to the State the propriety of stating their accounts under such heads for the sake of facilitating their adjustment, yet that the States are not precluded by any clause in the said Ordinance from rendering their accounts, under such forms as their particular situation may render most adviseable.

That the great and desireable object is to obtain from the several States all their accounts against the Union, so that a proper statement may be made of the same with as little delay as possible; but nevertheless, as the District Commissioners are limited to the period of Six months, after they have received the State accounts for adjusting such of them as fall under their respective cognizance, it is to be wished that the several States would render the same under the heads pointed out by the Ordinance.

It is however the intention of the Board (unless otherwise directed by Congress) to direct the district Commissioners to receive from the several States all their Accounts against the Union, under such Forms, as they may judge it adviseable to exhibit the same, should the time limited for their reception not enable the States to class them under the several heads, as stated in the Ordinance.

For this reason (without the necessity of suggesting others which will obviously present themselves to the consideration of Congress) they are of opinion, it would not be expedient to extend the time assigned by the Ordinance of the 7 th . May 1787, for exhibiting the Accounts of the several States against the Union.

All which is humbly submitted.

Samuel Osgood

Walter Livingston

Arthur Lee

May 7 th . 1788

[Report of Board of Treasury on memorial of J. May 1 ]

The Board of Treasury to whom was referred the Memorial of John May

Beg leave to Report

That the protested bill, for the payment of which application is made by the Memorialist is drawn,by the Agent of the Contractors for the Western Posts, on the Contractors in Philadelphia.

That the Accounts of the said Contractors have been adjusted at the Treasury, and the balance found due to them (so far as they have produced Vouchers) paid; but should any further Sums hereafter accrue to the credit of the Contractors, the same can only be paid to them, or their legal Assigns; as the engagements made by the Contractors are on their private Credit, and the public are in no wise bound to make good the demands which Individuals may have against them.

For the reasons above stated,

The Board of opinion, That the application of John May for the Relief mentioned in his letter of the 15 th . of January last, cannot be complied with; the United States not being liable for any engagements, made by public Contractors on their private Credit.

All which is humbly submitted.

Samuel Osgood

Walter Livingston

Arthur Lee 2

May 7, 1788.

Congress assembled present as before.

[Report of Board of Treasury on settlement of accounts 1 ]

The Board of Treasury to whom was referred a Motion of the Hon'ble M r Carrington, for continuing the appointment of the two Commissioners, for settling the Accounts of the five great Departments;

Beg leave to submit to the Consideration of Congress, two reports of the present Commissioners on the General State of the Accounts in those Departments.

From a consideration of the Circumstances stated in the said Reports; and of the great Importance it is that all those Accounts should be brought to a close, previous to the Orginization of the new Goverment, which in all probability will take effect in the Commencement of the ensuing Year,

The Board are of opinion that it will be advisable to continue the appointment of the present Commissioners for the Space of one Year; and in Order more effectually to induce Individuals, who stand chargeable with Public Monies received in any of the five great Departments to render their Accounts, so that the same may be adjusted previous to the termination of the appointments aforesaid; the Board submit to the consideration of Congress the following Resolves; shou'd that Hon'ble Body concur in Opinion that it will be adviseable to continue the said Appointments. 2

On a report of the board of treasury to whom was referred a motion 3 of M r [Edward] Carrington

Resolved That congress proceed to the election of two commissioners for settling the Accounts of the five great departments, to continue in Office one year.

Ordered 1 That the commissarioners of Accounts for the quarter masters commissaries, hospital and marine and cloathing departments, with the approbation of the board of treasury, 2 commence suits in behalf of the United States against all persons in any of the said departments who stand chargeable with public Monies and whose Accounts shall not be lodged with the proper commissioners within four months computed from the present date and that this resolve order be published in the several States for the period above mentioned.

Resolved That the said commissioners be directed to continue their unremitted attention to the final adjustment of all accounts which have arisen in the said departments and to the recovery of all sums for which suits may be commenced and that at the termination of their commission they deposit with the Register of the treasury all the books and papers of their respective Offices together with a general abstract of the sums due from individuals in order that immediate Measures may be adopted for the recovery of the same.

Congress proceeded to the election and the Ballots being taken

M r Jonathan Burrall was elected a commissioner for settling the Accounts of the quarter masters and commissary's departments having been previously nominated by M r [Abraham] Clarke, and

M r Benjamin Walker was elected commissioner for settling the accounts of the hospital, marine and cloathiers departments having been previously nominated by M r [Nathan] Dane.

[Motion of Mr. Clark on interment of Robert Patton 1 ]

Congress having rec d . information that Robert Patton late Messenger of Congress deceased this morning, whereupon in Consideration of his long and faithful Services,

Resolved , That the Secretary of Congress give directions for the decent interment of said deceased at the public expence and that the board of Treasury povide for the payment of the same.

[Report of committee on petition of J. Mason 2 ]

The Committee [consisting of Mr. Nathan Dane, Mr. Abraham Clark and Mr. Samuel Allyne Otis] to whom was referred the Petition of John Mason of Warren in the State of Rhode Island praying for Sea letters for a Ship of four hundred and fifty Tons called the Warren, Report,

That the said John Mason having produced a Certificate and certain papers whereby it appears that Hate Mason is a Citizen of the said State, and that he having acquired considerable property in the East Indies is desirous of returning to the said State with his effects in a Ship of the description aforesaid, himself master and owner, for which Sea letters are requested, whereupon the following resolution is submitted,

Resolved That a Sea letter be granted in the usual form agreeably to the prayer of the said Petition. 3

Congress Assembled present New hampshire Massachusetts Pensylvania Delaware Maryland Virginia and South Carolina and from Rhode island M r [Peleg] Arnold from Connecticut M r [Stephen Mix] Mitchel and from Georgia M r [Abraham] Baldwin.

A letter 1 from M r Pierce com r . of Army Accounts being read, stating his indisposition and praying for leave of absence from his Office for the recovery of his health

Resolved That leave of absence be granted agreably to his request and that he be authorised to continue the Assistant he appointed in consequence of the Act 2 of April 11 1787.

[Letter of Secretary at War respecting Western territory 3 ]

War Office May 13 th 1788 .

Sir : I have the honor to transmit to your Excellency for the information of Congress, an extract of a letter from Brigadier General Harmar dated at Fort Pitt the 26 th . Ultimo.

I have the honor to be, etc.,

H Knox

His Excellency The President of Congress .

[Report of Commissioner of Army Accounts on petition of Mary Cransbury 4 ]

Office of Army Accounts New York May 10 th 1788 .

The Commissioner of Army Accounts to whom was referr'd the Memorial of Mary Cransburry begs leave to report,

That the Act 1 of Congress of the 12 th . August 1780, recommends to the several States to make compensation to the Officers and Soldiers to them respectively belonging for the depreciation of their pay.

That the State of New York has in part complied with the said Act by making good the pay of Francis Cransburry from the day of his inlistment to the day of his captivity.

That the pay of the said Cransburry from that period, to the time of his death does not appear to have been admitted either by the State aforesaid, or the United States, and that your Commissioner however just the claim appears cannot grant any relief to the Petitioner as the Act 2 of Congress of the 2 d . November 1785 has foreclosed it. Your commissioner therefore begs leave to submit the following resolution

Resolved , That it be recommended to the State of New York to make good the pay of Francis Cransburry late a Soldier in the 3 d . Battalion of New York forces from the 25 th . of August 1778 to the 14 th . of September 1780, inclusive and charge the same to the United States.

All which is humbly submitted,

for John Pierce, Commiss r .

Joseph Howell Jun r . Ass t . Commiss r . 3

Charles Thomson Esq Sec y to Congress

Congress assembled present as yesderday.

[Report of Secretary of Congress on sundry memorials and letters 1 ]

Office of Sec y of Congress May 14, 1788

On the memorial 2 of William Newbold and sixteen others by their Agent George Morgan for the purchase of two million Acres of land in the western territory

The Secretary of Congress reports

That the memorial of William Newbold and others agr d . be referred to the board of treasury to report. 3

On the petition 2 of M r Lotbinier praying for the payment of his pension,

The Sec y of Congress reports

That the petition of M r Lotbinier be referred to the ag d . board of treasury. 4

On the Letter 1 from Jonathan Swett, stating intimating that he was recommended to be a second lieut and had not justice done him

The Sec y of Congress reports

That the letter of 13 May from Jonathan Swett be ag d . referred to the Sec y at war. 2

On the applications 1 of M r F Weisenfels and Gifford Dally to be appointed to the Office which is become vacant by the death of M r Patton

The Sec y of Congress reports that James Mather has acted as an Assistant to the late M r Patton since Jan y 1785, that in the present situation of Affairs it does not seem necessary to employ two, therefore the Secr, He therefore submits

That James Mather be appointed Messenger and door keeper to Congress. 3

On the memorial 1 of John Woods touching his claims for bringing Indians to the treaty at Hopewell

The Sec y of Congress reports, that there is now before Congress a report of the board of treas y . on this subject. 3

[Letter of Secretary for Foreign Affairs transmitting correspondence 4 ]

Office for foreign Affairs 13 th . May 1788 .

Sir : I have the Honor to transmit to your Excellency herewith enclosed, three Letters 5 from M r . Adams dated the 14 th . 16 th . and 21 st . February last, together with the Papers mentioned to be enclosed with them; and am with great Respect, etc.,

John Jay .

His Excellency The President of Congress .

Congress assembled present New hampshire Massachusetts, New Jersey Pensylvania Delaware Maryland Virginia and South Carolina and from the State of Rhode island M r [Peleg] Arnold from Connecticut M r [Stephen Mix] Mitchel and from Gorgia M r [Abraham] Baldwin.

On a report 1 from the Office of the Commissioner of Army Accounts

Resolved That it be recommended to the state of New York to make good the pay of Francis Cranbury late a soldier in the 3 d . battalion of New York forces from the 25 of Aug 1778 to the 14 Sept 1780 inclusive and charge the same to the United States.

On a report 2 of the board of treasury to whom was referred a memorial 3 of John Woods

Resolved , That the sum of fifteen hundred and eighty seven dollars and thirty ninetieths of a dollar heretofore paid to John Woods for his service and expences in attending Indians in the years 1785 and 1787 be in full compensation of his claims and demands whatsoever against the United States for the purposes aforesaid.

Congress proceeded to the choice of a messenger and doorkeeper in the room of Robert Patton deceased and the ballots being taken James Mathers 4 was elected having been previously nominated by M r S[tephen] M[ix] Mitchell.

[Report of Secretary of Congress on memorial of A. W. White 1 ]

Office of Sec y of Congress May 15, 1788

On the memorial of col A W. White stating sundry difficulties in the way of settling his Acco ts .

The Sec y of Congress reports

ag d . That the mem l . of Col White be referred 2 to the board of treasury to report. 3

Congress assembled, Present New hampshire, Massachusetts New Jersey, Pensylvania, Delaware Maryland Virginia and South Carolina and from Rhode island M r [Peleg] Arnold from North Carolina M r [Hugh] Williamson and from Georgia M r [Abraham] Baldwin.

M r H. Williamson a delegate for North Carolina produced credentials whereby it appears that he is duly Authorized to represent that stat appointed one of the delegates of that state to the first Monday in November next.

[Credentials of Hugh Williamson, North Carolina 1 ]

State of North Carolina

To the Honorable Hugh Williamson Esquire Greeting

Whereas the General Assembly at their late Session in December 1787 have by joint Ballot of both Houses elected you the said Hugh Williamson one of the Delegates of this State to represent the same in the Congress of the United States of America to serve to the first Monday in November next in the Room of Alexander Martin Esquire who has resigned

In Confidence of your Fidelity, Skill and Ability, We have appointed and by these presents do appoint you the said Hugh Williamson, one of our Delegates to represent us in the Honorable the Congress of the United States of America, in the Room of the said Alexander Martin Esquire, To have, hold, use, exercise and enjoy the said Office of Delegate in Congress with all the Rights Privileges Preeminences Authorities and Emoluments to the same belonging or in any ways appertaining untill the first Monday of November next.

Witness Samuel Johnston Esquire our Governor Captain General and Commander in Chief under his hand and our Great Seal at Edenton this 20 th . day of January Anno Dom: 1788, and in the twelfth Year of Our Independence.

Sam l . Johnston

By His Excellencys Command

[ Seal pendent ] W m . Johnston Dawson , P. S .

[Motion of Mr. Seney regarding payment of bill 2 ]

Whereas The Honorable William Carmichael Esquire having for a considerable Length of time past received no remittance of any part of his Salary as a Charges des Affairs for the United States of America at the Court of Spain hath been obliged to borrow in Spain of the House of Gardoqui and Sons the sum of two thousand dollars, for the 0167 157 payment of which the said Wm Carmichael hath drawn a Bill in favor of the said House upon his Friend in Maryland John Brown Esquire payable at ninety days sight, which said sight Bill the said John Brown hath accepted and undertaken to pay. Resolved that the Board of Treasury take order for the payment of the said two thousand Dollars unto the said John Brown for and on account of the said William Carmichael in case there shall be Money unappropriated in the Treasury of the United States, for the purpose. But And in Case there shall not be such unappropriated Money in the Treasury aforesaid Resolved that [it be recommended to] the State of Maryland be requested to pay unto the said John Brown Esquire the sum of two thousand dollars aforesaid to discharge the said Bill, and that upon such Payment the said State have a Credit for the same on the specie requisitions.

[Report of committee on memorial of C. Medici 1 ]

The committee, [consisting of Mr. Samuel Mix Mitchell, Mr. John Brown and Mr. Paine Wingate] to whom was refered the Petition of Cosimo Medici, formerly Captain in the service of the United States and the Report thereon, by the commissioner of Army accounts,

Report

That the Petitioner, unwilling to remain an inactive spectator of the ravages of the enemy upon his country, joyned the cavalry under the command of Col o . Anthony W. White in South Carolina, and on the 10 th . of April 1780 was in cavalry orders appointed by Col o . White Judge advocate and major brigade, of the four corps of cavalry under his command. In which capacity he did duty with address and bravery until made a prisoner by the British horse on the 6 th of May following. When he was wounded, and lost two valuable horses with his baggage, and afterward remained a prisoner near eleven months.

That the Petitioner, altho he had rendered essential services in the line of his duty, and suffered much in his person and property, yet is not entittled, by the existing resolutions of Congress, to any compensation therefor.

Wherefore the committee, conceiving his case in some measure peculiar, and deserving the notice and relief of Congress, submit the following Resolution, That Cap t . Cosimo Medici be allowed five 0168 158 hundred dollars in full for his services and losses, and that the Commissioner of Army accounts settle with him accordingly.

Congress Assembled present New hampshire Massachussets Pensylvania, Delaware, Maryland, Virginia and South Carolina and from Rhode island M r [Peleg] Arnold from New York M r [Alexander] Hamilton from North Carolina M r [Hugh] Williamson and from Georgia M r [Abraham] Baldwin.

[Letter of Secretary at War respecting cannon 1 ]

War Office May 16 th . 1788 .

Sir : I have the honor to enclose to Congress the copy of a letter from His Excellency the Governor of Massachusetts.

On the commencement of the late war, the field artillery of the troops who assembled before Boston, consisted of only four brass three pounders, the property of the then Province of Massachusetts Bay. On the march of the army from Boston, these pieces were part of its apparatus.

In the progress of the war, two of the four pieces were taken by the enemy. The two requested by the Governor were in constant service throughout the war, and are now in this city.

As this circumstance will serve to illustrate the magnanimity of the Americans, by commencing the war against a powerful adversary with such defective means, it may be considered as an important historical fact. Therefore I humbly beg leave to suggest to Congress the consideration of their directing the circumstance to be engraved on the cannon. As I do not consider myself authorized to deliver property claimed by an individual State without the orders of Congress I submit the following resolve,

Whereas there are in the arsenals of the United States the two brass cannon which constituted one moiety of the field artillery with which the late war was commenced on the part of America and which 0169 159 were constantly in service throughout the war and whereas the said cannon are the property of the commonwealth of Massachusetts and the Governor thereof having requested they should be returned Whereupon

Resolved , That the Secretary at War cause a suitable inscription to be placed on the said cannon and that he deliver the same to the order of His Excellency the Governor of the commonwealth of Massachusetts.

I have the honor to be, etc.,

H Knox

His Excellency The President of Congress

The Secretary at War having, represented to Congress “That there are in the Arsenals of the United States two brass cannon which constituted one moiety of the field artillery with which the late war was commenced on the part of America and which were constantly in service throughout the war, that the said cannon are the property of the commonwealth of Massachussets and that the governor thereof hath requested that they be returned”, therupon

Resolved That the Secretary at War cause a suitable inscription to be placed on the said cannon and that he deliver the same to the Order of his Excellency the governor of the commonwealth of Massachussetts.

[Motion of Mr. Dane on settlement of accounts 1 ]

Whereas sundry persons intrusted with large sums of public monies during the late war Notwithstanding they have been frequently called upon, have unreasonably neglected to produce the necessary documents and vouchers and settle their Accounts with the United States,

Resolved that it be the duty of the board of Treasury after the first of September next (or sooner where in their opinion the Case may 0170 160 require it) to institute Suits in all Cases wherein they it may be for the interest of the United States against all persons who stand charged to the said States with public monies or other property as well in accounts adjusted on incompetent vouchers as in accounts altogether unsettled who have been specially notified in pursuance of the Resolution of Congress of July 2 1786 to settle their Accounts and who have unduly neglected to do the same.

Resolved that the said board cause all other persons who stand charged as aforesaid not included in the Resolution of May the instant to have special notice that in Case effectual measures are shall not be adopted by them before the first day of September next for the final adjustment and settlement of their Accounts with the said United States suits will be commenced against them and in all Cases of neglect and where it may be for the interest of the Union the said board are hereby directed to institute suits accordingly.

Resolved that the aforesaid Resolutions be published in the several States for the period of six weeks and that such publication be considered as due notice to all concerned.

[Letter of Secretary at War on Indian affairs 1 ]

War Office May 19, 1788

Sir : I have the honor to transmit to your Excellency a letter from the Superintendant of indian affairs for the northern district enclosing information from Mess. Wilson and Rankin relative to the favorable dispositions of some of the tribes of indians towards the proposed treaty, and also Speeches from two Chiefs of the Wiandot tribe.

I have the honor to be, etc.,

H Knox 2

His Excellency The President of Congress

Congress assembled, present New hampshire Massachusetts, New Jersey, Pensylvania, Delaware Maryland Virginia and South Carolina and from Rhode Island M r [Peleg] Arnold, from North Carolina M r [Hugh] Williamson and from Georgia M r [Abraham] Baldwin.

r William Bingham a delegate for Pensylvania attended and produced the credentials of his appointm t .

[Credentials of William Bingham, Pennsylvania 1 ]

Seal) In the Name and by the Authority of the Freemen of the Commonwealth of Pennsylvania.

The Supreme Executive Council, of the said Commonwealth,

To the Honorable William Bingham Esquire

Whereas, the General Assembly of this Commonwealth have, by their Act of the thirteenth Day of November in the Year of our Lord one thousand seven hundred and eighty seven B. Franklin elected you a Delegate to represent this State in the Congress of the United States, You are therefore hereby comrnissionated as such.

Given in Council, under the Hand of His Excellency Benjamin Franklin esquire, President, and the Seal of the State, at Philadelphia, this first Day of December in the Year of our Lord one thousand seven hundred and eighty seven.

Attest.

Cha s . Biddle Sec' y .

A motion 2 of M r [William] Irvine seconded by M r [John] Brown being made and under debate “That the post master gen(1). be directed to employ posts for the regular transportation of the mail between the city of Philadelphia and the town of Pitsburg in the state of Pensylvania by the rout of Lancaster, York town, Carlisle, Chamberstown and Bedford

2 Papers of the Continental Congress , No. 36, IIl, p. 395, in the writing of Mr. John Brown. It is in the form as passed.

A motion 1 was made by M r [Nathan] Dane seconded by M(r). [Samuel Allyne] Otis that the consideration thereof be postponed to take into consideration the following motion

“That the postmaster general be authorised and directed to contract for the remainder of the present year for the conveyance of the mail by post riders and by the usual rout once a week from Portland to Pownalborough in Massachussets.” 2 And on the question to postpone for the purpose above mentioned the yeas and nays being required by Mr [Samuel Allyne] Otis

So it passed in the negative.

On the question

Resolved 3 That the postmaster gen l be and he is hereby directed to employ posts for the regular transportation of

3 See February 27, 1788.

[Motion of delegates of Delaware on posts 1 ]

Resolved that the Post Master General be authorised and directed to contract with suitable persons for the regular Establishment transportation of the mail twice in every Week from Wilmington in the State of Delaware to Dover in the Said State, upon the Principles of the resolution 2 of Congress of the 15 th . of February 1787, and if it cannot be carried into effect upon the Principles of the resolut n aforesaid by the first of June next, that the Establishment be made at the Expenee of the Gen l Post Office.

[Report of Board of Treasury on protested bill 3 ]

The Board of Treasury to whom was referred a Motion of the Honorable the Delegates of the State of Maryland relative to the payment of a Bill drawn by the Honorable William Carmichael on his correspondent in Maryland,

Beg leave to Report

That from a Statement of M r . Carmichaels Account for Salary as adjusted by M r . Thomas Barclay to the 1 st . April 1784; there appeared to be due to him the sum of Nineteen thousand and forty four Livres, two sols, and one denier.

That subsequent to this period M r Carmichael appears to have received from M r . Grand, to the 6 th . of August 1787, the sum of Forty one thousand, five hundred and thirty five Livres and two Sols, which computing the balance due on the former Account, was not sufficient to the payment of his Salary to that period.

That the Board have authorised M r . Carmichael on the 5 th . of December last to draw on the Commissioners of Loans in Holland on Account of his Salary, for the sum of Three thousand Dollars; but that the payments above recited still fall short of the sum due to Mr Carmichael.

The Board therefore submit to the consideration of Congress the following Resolve,

That the Board of Treasury take order for paying to M r . John Brown of Maryland, on account of the arrears of Salary due to William Carmichael Esq r . the sum of Two thousand Dollars and that the above payment be made in such mode as the state of the Treasury will best admit of.

All which is humbly submitted

Samuel Osgood

Walter Livingston

Arthur Lee

May 19 th . 1788.

[Report of committee on Western territory 1 ]

Additional instructions to the Governor of the Territory of the United States North west of the river Ohio relative to the Treaty to be held with the Western Indians in pursuance of the resolutions of Congress passed in October last.

Sir : An additional sum of twenty thousand dollars has been appropriated for the purposes of procuring a permanent peace with the Indian tribes with which you are authorised to Agreed hold a treaty; This sum and 6000 dollars out of the 14000 heretofore appropriated for holding the s d . treaty are particularly directed to be applied solely to the purpose of obtaining a boundary advantageous to the United States between them and the said Indian tribes and for further extinguishing, by purchase, Indian titles in case it can be done on Terms beneficial to the Union.

But it is not expected that any further purchase of lands will be