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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled present as yesterday.
On a report4 of the board of treasury to whom were referred a Memorial5 and letter of Thomas Hutchins geographer to the United States and sundry memorials6 of the
[Note 4: 4 See October 2, 1787.]
[Note 6: 6 See March 1, 8 and 20, and September 22, 1787.]
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surveyors employed under him in the western territory praying a compensation on account of their extra expence etc. in executing surveys under the present Ordinance
Resolved That the geographer of the United States certify to the board of treasury such reasonable charges of the extra expence as shall appear to him on the best vouchers or other evidence which the nature of the case will admit of to have been necessarily incurred by the surveyors of the western territory in the execution of their respective surveys and that the board of treasury take such order as the state of the treasury will best admit of for the payment of such of the said expences, as they shall judge proper.
The comee. consisting of Mr [William] Grayson Mr. [John] Armstrong and Mr [Abraham] Clarke to whom was referred a Motion 1 for ascertaining the salary of the Governor of the western territory under the Ordinance of the 13 July last having reported 2 That the salary of the governor of the western territory under the Ordinance of Congress of the 13 day of July 1787 bedollars per Annum for a term not exceeding three years, the said salary to commence from the time of his beginning to execute the duties of his Office. That from and after the 14 day of August next the powers duties and emoluments of the superintendant of Indian Affairs for the Northern department be united with those of the governor.
[Note 1: 1 See October 2, 1787,]
[Note 2: 2 Papers of the Continental Congress, No. 30, p. 131.]
A motion being made to fill the blank with the words "two [One] thousand" the yeas and nays were called by Mr [Abraham] Yates.
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So the question was lost
The blank being filled with the words One thousand
So it was resolved in the affirmative.
And on the question
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Resolved 1 That the salary of the governor of the western territory under the Ordinance of Congress of the 13 day of July 1787 be one thousand dollars per Annum for a term not exceeding three years the said salary to commence from the time of his beginning to execute the duties of his Office. That from and after the 14 day of August next the powers, duties and emoluments of the superintendant of Indian Affairs for the Northern department be united with those of the governor.
[Note 1: 1 These resolves were entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, p. 14.]
On Motion
Resolved 1 That the salary of the Secretary under the said Ordinance be seven hundred and fifty dollars per Annum to commence from the time of his beginning to execute the duties of his Office.
On Motion
Resolved 1 That the salary of the judges under the Ordinance aforesaid be severally eight hundred dollars per Annum to commence from the time of their beginning to execute the duties of their Office.
On passing this resolution the ayes and nays being required by Mr [Abraham] Yates
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So it was resolved in the affirmative.
On a report1 of the secretary at War to whom was referred his letter2 of the 26th of Septr, Congress came to the following resolutions
[Note 1: 1 See October 2, 1787.]
[Note 2: 2 See September 27, 1787.]
Whereas the time for which the greater part of the troops on the frontiers are engaged will expire in the course of the ensuing year
Resolved That the interests of the United States require that a corps of seven hundred troops should be stationed on the frontiers to protect the settlers on the public lands from the depredations of the Indians, to facilitate the surveying and selling of the said lands in Order to reduce the public debt and to prevent all unwarrantable intrusions thereon.
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Resolved That in Order to save the great expence of transporting new levies to the distant frontiers of the United States and also to avail the public of the discipline and knowledge of the country acquired by the troops on the frontiers it is highly expedient to retain as many of them as shall voluntarily reengage in the service.
Resolved That seven hundred non commissioned Officers and privates be raised for the term of three years unless sooner discharged and that the same be furnished in the proportion herein specified by the states which raised the troops agreeably to the requisitions of Congress of April 1785
That the commissioned Officers for the said troops be furnished by the said States agreeably to the present proportions.
That the Organization of the said troops together with the two companies of Artillery raised by virtue of the resolves1 of Congress of the 20th of October 1786 be according to the present establishment; to wit, One regiment of infantry of eight companies, each company four sergeants, four corporals two musicians and sixty privates. And one battalion of Artillery of four companies each company four sergeants four corporals two musicians and sixty privates.
[Note 1: 1 Journals, vol. XXXI, pp. 892--893.]
That the secretary at war make the necessary arrangements from time to time to replace the men on the frontiers whose engagements shall expire.
That the said troops shall be governed by such rules and Articles of War as are or shall be established by Congress or a committee of the States.
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That the pay and allowances of the said troops be the same as directed by the resolve1 of Congress of April 12th 1785.
[Note 1: 1 Journals, vol. XXVIII, p. 248.]
That the board of treasury make the necessary provisions of Clothing and rations from time to time at such places as the secretary at war shall judge necessary.
2The Secretary of the United States for the department of Foreign Affairs to whom was referred a Letter3 of the first of August from Reade and Bogardus, having reported4
[Note 2: 2 From this point to the end of the day the proceedings are entered by Benjamin Bankson and attested by Charles Thomson, in Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 405--407. They are also entered by Bankson (introductory clause and resolve by Thomson) in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1653--1655.]
[Note 3: 3 See August 2, 1787.]
[Note 4: 4 See September 26, 1787.]
That the object of the said Letter is to represent the case of William Cannon, late Master of the Sloop little Robert from New York, belonging to Messrs. Read and Bogardus, Peter Mesier and William Cannon, which case they state as follows, Vizt.
"A state of Facts that happened to William Cannon, Master of the Sloop little Robert from New York, belonging to Reade and Bogardus, Peter Mesier and William Cannon."
"On the 26h of May 1787, he was lying at Anchor at the Island of Heneauga,5 where he had been about thirty hours, when the captain of a Schooner called the Vigilant, belonging to the Custom house of the Island of New Providence, came in his Boat with a number of Men on board the said Sloop, and made search for supposed goods, merchandize or produce of the Island
[Note 5: 5 Heneagua.]
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of Heneauga, when not finding any he left the Sloop and directed said Cannon not to lie longer than 48 hours at said Island as he would seize his Vessel and Cargo; and in less than one hour after said Cannon got under way and left the Island aforesaid, and on the 30th May he returned there again in company with a french Schooner, who came from the Aux Cayes and had on board Sugar, Coffee, Cotton and Cocoa of the produce of Hispaniola for the said Sloop little Robert, when both of them came to an Anchor at about 9 oClock and began shifting the Cargo from the Schooner on board said Sloop. That about 11 oClock she was boarded by the said Vigilant's Boat with loaded Muskets, Pistols and Cutlasses, and in boarding they killed one man named John Rodan, and much wounded another named William Bryan of said Cannon's crew, without any previous notice, after which they took possession of both Vessels, got up their Anchors and directly proceeded to New providence, where said Vessels and Cargoes were condemned and sold. The whole of Capt. Cannon's stay at the Island of Heneauga, did not exceed 34 hours, and the Officer of the Vigilant had declared to Capt. Cannon that he would allow him 48 hours to do any thing, he might want to do to his Vessel. The Vigilant at the time this seizure was made had not a British register nor never was made a prize, and is now for sale on that very account, being an American built Vessel since the peace."
As the facts on which the first complaint is grounded are not supported by any Affidavits or proofs, that complaint does not as yet appear sufficiently authenticated to render a remonstrance to the british Court on that head adviseable; but your Secretary having reason to believe that Capt. Cannon, who is now in Town, is ready to depose to the truth of these facts, he thinks
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it might be well for him to take the Captain's Affidavit, and in case it should fully support the facts above stated relative to that violence, then to transmit a copy of the Letter and of the Affidavit to Mr. Adams, to the end that he may communicate the same to the British Court, and urge their taking proper measures for bringing the Offenders to punishment, and prevent the like excesses in future.
With respect to the Illegality of the seizure and Condemnation, it is to be observed that the sentence of the Court was not final. On the contrary the party aggrieved might have appealed. Until the proceedings of the Court are seen, an adequate judgment cannot be formed either of their regularity or conformity to law and justice, nor can any nation become chargeable with failure of justice, while redress for the grievance complained of may be had by pursuing the course indicated and provided by their Laws for the purpose.
Hence your Secretary is of opinion, that with respect to the merits of the seizure and condemnation, Congress cannot in the present stage of the business interpose, but must leave the parties to puruse their remedy in the ordinary and well known course of judicial proceedings".
Resolved That Congress agree to the said report.
Chas Thomson Secy
[Motion regarding printer 1]
[Note 1: 1 This proceeding was entered by Thomson in the Committee Book, Papers of the Continental Congress, No. 190, p. 171.]
A motion to discharge the printer for Congress and employ another.
Secy of Congress to take Order when he shall find it necessary or judge proper.
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[Report of Secretary of Congress on memorial of Rutgers, Lush and Lansing 1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 64. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 171, the memorial was referred to a committee consisting of Mr. John Keen, Mr. Rufus King and Mr. Dyre Kearny, which reported October 4. See September 29, 1787.]
Office of Secy of Congress
Oct 3, 1787
On the memorial of Henry Rutgers, Richard Lush and Jacob John Lansing late deputy muster masters, stating that by an Act 2 of 12 Jany 1780 when the department was discontinued, the Officers who had served therein for 18 months were entitled to receive a sum equal to their pay respectively for the term of 12 months. That not having received this money they by an Act 3 of 2 June 1785 it was received this recommended to the executive of the State of New York to settle with and pay them the sd. H Rutgers, R Lush and J J Lansing, by allowing them what their arrears of pay and years advance as deputy muster masters was worth in specie at the time they respectively became due, provided it appeared that no settlemt had already been obtained. That in compliance with this recommendation the legislature passed an Act directg the Auditor of the State to settle with and pay them &c as expressed in the recommendation. That in Consequence of the terms in which the recommendation of Congress and the Act of the State are expressed the Auditor conceives himself authorised only to liquidate and settle the arrears of pay and years Advance by the scale of depreciation at the value thereof in specie the time they became due, which would reduce the years pay to less than 14 dollars. That the petitioners conceiving themselves agrieved by this construction applied to the legislature for an explanatory Act and were referred to the United States for redress and thereupon praying that Congress would be pleased to pass an Act explanatory of their real intentions with regard to the petitioners
[Note 2: 2 Journals, vol. XVI, p. 47.]
[Note 3: 3 Journals, vol. XXVIII, p. 416.]
The Secy of Congress reports
That the Memorial of Messr Rutgers, Lush and Lansing be referred to a comee.
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[Report of Board of Treasury on petition of A. Mc Farlan 1]
[Note 1: 1 Papers of the Continental Congress, No. 140, II, p. 475. See April 19 and July 20, 1787.]
Board of Treasury
Octr. 3d. 1787.
The Board of Treasury to whom was referr'd the memorial of Andrew Mc.Farlane, Beg Leave to Inform Congress,
That the Board have already reported 2 on this Subject on the 24h. April 1786; that the present Application is altogether Similar to what the Memorialist formerly presented; and that they see no Cause for varying from the Opinion submitted to the Consideration of Congress in the Report above mentioned.
[Note 2: 2 Journals, vol. XXX, pp. 208--209.]
All which is humbly Submitted
Samuel Osgood
Walter Livingston
Arthur Lee3
[Note 3: 3 October 3, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 171, the following committee was appointed:
Mr. Edward Carrington, Mr. Abraham Clark and Mr. Nathan Dane on a memorial of Mrs. Douglas for seven years' half pay. This is the same committee as that of July 31, 1787 on the motion of Mr. Dane. Report rendered October 12, 1787. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 19, Mrs. Douglas' memorial was received on October 3, 1787.]
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