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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, OCTOBER 30, 1783
On the report of a committee, consisting of Mr. [Abraham] Clark, Mr. [Theodorick] Bland and Mr. [James] McHenry, to whom was referred a letter of 26 September last, from R. Varick,
The Committee, consisting of Mr. [Abraham] Clark, Mr. [Theodorick] Bland and Mr. [James] McHenry, to whom were referred the letter of Richard Varick of the 20th of September last, report,
That the paymaster General be Authorized and directed to settle in Specie the pay of Lt. Col. Varick as Deputy muster master general from the first day of August, 1779, to the 12th day of January, 1780, the time of his derangement, and certifie the same in the usual manner now practiced with the army. That the paymaster general in like manner settle the arrears of Col. Varick's allowance of one year's pay granted to deranged officers by the Act of Congress of the 12th day of January, 1780, computing the same in Specie agreeable to the Scale of depreciation directed by Congress on the 28th of June, 1780.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 19, VI, folio 115. According to the indorsement, it was delivered October 1, read and entered; and acted upon October 30.]
Resolved, That it be recommended to the executive of the State of New York, to settle with and pay Lieutenant-Colonel Richard Varick, by allowing him what his arrears of pay, and year's advance as deputy mustermaster general was worth in specie at the time they respectively became due, and charge the same to the United States.2
[Note 2: 2 This resolution, in the writing of Ezra L'Hommedieu, is in the Papers of the Continental Congress, No. 19, VI, folio 111.]
On motion of Mr. [Samuel] Osgood, seconded by Mr. [Samuel] Holten,
Resolved, by nine states, That General Knox be allowed the pay of a major general in a separate department, during his command at West Point; his additional pay granted by the resolution of the 12 of January, 1781, to cease during the time he receives the aforegoing allowance.
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That the Superintendant of finance take order for paying such part thereof to Major General Knox, the arrears of such subsistence as majors general in a separate command department have heretofore received.1
[Note 1: 1 This motion, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 36, II, folio 263.]
On a report of the Secretary at War,
War Office October 29, 1783.
Sir,
General Bailey, who lives on the west side of Connecticut river at the lower Coos, has since the capture of General Burgoyne been employed in various services for the United States, viz: gaining intelligence of the situation and designs of the Enemy in Canada, and of the Savages in their service; in supplying the friendly tribes which came within our lines and a company of them formed by the direction of Congress; and in supplying also our prisoners in their return from captivity. The several duties in which he has been employed will subject him to the trouble and the public to the expence of settling his accounts at different offices, unless he obtains the particular order of Congress directing some one of the departments to close his accounts. A direction of this kind would in my opinion unite the two desirable objects, a saving to the public and ease to an individual. For no person I think is so well acquainted with the services of General Bailey as the Quarter Master General, and none better capable of judging of the value of them, and of the supplies issued, as he has had a general knowledge of the whole.
If Congress should judge the measure expedient they will please to resolve:
Resolved, That the commissioner for settling the accounts of the quartermaster's department be, and he is hereby directed to settle the accounts of General Bailey which he has against the United States, for money advanced, supplies given, and services rendered by him.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, III, folio 267. The indorsement states: Read 29. Referred back to the Secretary at War and that he be informed the case is provided for by the act of 27 February last.]
On the report of a committee, consisting of Mr. [Richard] Beresford, Mr. [Hugh] Williamson and Mr. [John Francis]
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Mercer, to whom was referred a letter from G. Bond, deputy secretary of Congress,
The Committee, consisting of Mr [Richard] Beresford, Mr [Hugh] Williamson, and Mr [John Francis] Mercer, to whom was referred a letter from Mr Bond, Deputy Secretary of Congress praying a compensation for expenditures of his private property, occasioned by his attendance upon Congress and the insufficiency of the salary annexed to his office, beg leave to report,
That Mr Bond is about to resign his present office; that he has received the most honorable testimonials of his fidelity and industry from his superior in office; that in the course of four or five years service the strictest economy has not enabled him to support a wife and two children with the emoluments of his office, but at the end of his labours he finds himself exhausted of the resources with which he began them, and considerably embarrassed with debts.
In order that Mr Bond may retire from the service of his country with that decency which will become an officer of his character and trust in the United States, your Committee are of opinion that Congress should furnish him with the sum of 500 dollars.1
[Note 1: 1 This report, in the writing of Richard Beresford, is in the Papers of the Continental Congress, No. 19, I, folio 397.]
Resolved, by nine states, That the Superintendant of finance take order for the payment of five hundred dollars to G. Bond, deputy secretary of Congress, on account of his extra services.
On motion of Mr. [Jacob] Read, seconded by Mr. [Silas] Condict,
Resolved, That the question on the report of the committee on a motion of Mr. [Richard] Peters, and an application of the legislature of Pensylvania, relative to the purchase of the Indian claim of land within the jurisdiction of that State, which was lost on the 22, be re-considered.2
[Note 2: 2 A memorandum of this motion and of the motions of Ellery and Howell and the two votes, is in the Papers of the Continental Congress, No. 36, II, folio 251. It is in the writing of Elias Boudinot.]
The report being taken up and read,
A motion was made by Mr. [William] Ellery, seconded by Mr. [David] Howell, to add to the resolution, "provided that
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no treaty shall be entered into with the Indians by the commissioners appointed by the State of Pensylvania, until the commissioners appointed by these United States for negotiating a treaty with the Indians shall have completed the same"1
[Note 1: 1 This motion, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 36, II, folio 255.]
And on the question to agree to this, the yeas and nays being required by Mr. [James] Duane,
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So it passed in the negative.
A motion was then made by Mr. [David] Howell, seconded by Mr. [William] Ellery, to add by way of amendment,
"Nor with the exclusive right of Congress to negotiate treaties, regulate trade, and manage all affairs with the Indians not members of any particular State":2 and on the question to agree to this amendment, the yeas and nays being required by Mr. [David] Howell,
[Note 2: 2 This motion, in the writing of Hugh Williamson and David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 257.]
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So the question was lost.
On motion of Mr. [] Huntington, seconded by Mr. [David] Howell,
Resolved, That the resolution reported by the committee be amended by adding, "for the sole purpose of making such purchase," after the word attend.
On motion of Mr. Osgood [David] Howell, seconded by Mr. Howell [William] Ellery, to strike out the words, "and the commissioners on the part of the United," &c. to the end: A question was taken, shall those words stand? and the same being lost, the words were struck out.
A motion was then made by Mr. [Hugh] Williamson, seconded by Mr. [Samuel] Holten, to add in lieu of the words struck out,
"And the commissioners on the part of the United States, are instructed to give every assistance in their power, to the commissioners who may be appointed on the part of Pensylvania, towards promoting the interest of that State, as far as the same may consist with the general interest of the Union:"1
[Note 1: 1 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 20, II, folio 164. The three votes following are indorsed on it by Thomson.]
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And on the question to agree to this, the yeas and nays being required by Mr. [Hugh] Williamson,
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So it was resolved in the affirmative.
On the question to agree to the resolution as amended, the yeas and nays being required by Mr. [Jacob] Read,
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So it was resolved in the affirmative.
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The preamble being then taken into consideration, a motion was made by Mr. [Samuel] Osgood, seconded by Mr. [David] Howell, to strike out the words, "for in the opinion of the committee, the idea of a division of councils," &c. to the end: and on the question, shall those words stand? the yeas and nays being required by Mr. [David] Howell,
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So the question was lost, and the words were struck out.
The preamble was then agreed to as amended, and the whole is as follows:
Whereas it appears that the application of the legislature of Pensylvania, relative to a treaty for the purchase of the Indian claim to lands within the jurisdiction of that State, proceeded from a respectful attachment to the federal government, and a desire to guard against prejudices which might arise from the interference of their own particular views with the authority of the United States: That the public interest might have been deeply affected by a negotiation for such purchase independent of, and unconnected
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with the general treaty to be holden on behalf of the United States:
Resolved, That the commissioners for holding the convention with the Indians under the act of the fifteenth day of October instant give notice to the supreme executive of the State of Pennsylvania, of the time and place of holding such treaty, to the end, that the persons to be appointed by that State, for purchasing lands within the limits thereof, at the expence of the said State, may attend for the sole purpose of making such purchase, at the time and place appointed for holding the said treaty: and the commissioners on the part of the United States, are instructed to give every assistance in their power, to the commissioners who may be appointed on the part of Pensylvania, towards promoting the interest of that State, as far as the same may consist with the general interest of the Union.
On a memorial from Robert Patton, messenger,
Resolved, That the sum of ten dollars per month be allowed to Robert Patton, in addition to his salary, from the 21 day of June last, to the 12 of November next, for his extra services and expences.1
[Note 1: 1 This resolution, in the writing of a clerk, is in the Papers of the Continental Congress, No. 41, VIII, folio 122.]
A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Arthur] Lee,
That in case a President shall not be chosen, on or before the 12 day of November next, Congress shall stand adjourned the secretary adjourn Congress on that day, to meet at Annapolis on the 26 of the said month, according to the resolution of the 20 instant.2
[Note 2: 2 This motion, undated, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No 36, IV, folio 139, the vote being indorsed on it by Charles Thomson.]
On the question to agree to this, the yeas and nays being required by Mr. [Richard] Peters.
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So it was resolved in the affirmative.
A motion was mde by Mr. [Arthur] Lee, seconded by Mr. [Samuel] Holten,
That a committee be appointed to repair to the lower falls of Potomac, to view the situation of the country in the vicinity of the same, and report a proper district for carrying into effect the resolution of the 21 of October.1
[Note 1: 1 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, II, folio 277.]
Whereupon, a motion was made by Mr. [David] Howell, seconded by Mr. [Daniel] Carroll, to amend the foregoing motion by adding,
"And that the committee appointed on the 7 day of October instant to report the most suitable place for erecting buildings for the accommodation of Congress, near the falls of the Delaware, be directed to report immediately [as soon as may be]."2
[Note 2: 2 This motion, in the writing of David Howell, except the words in brackets which are in Elias Boudinot's writing, is in the Papers of the Continental Congress, No. 36, II, folio 269. The vote is indorsed on it.]
On the question to agree to this amendment, the yeas and nays being required by Mr. [David] Howell,
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So it was resolved in the affirmative.
On the question to agree to the motion of Mr. [Arthur] Lee, which was divided from the amendment, at the request of a member, the yeas and nays being required by Mr. [Richard] Peters,
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So it was resolved in the affirmative.
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The second part was agreed to, and the whole is as follows:
Resolved, That a committee be appointed to repair to the lower falls of Potomac, to view the situation of the country in the vicinity of the same, and report a proper district for carrying into effect the resolution of the 21 of October; and that the committee appointed on the 7 of October, to report the most suitable place for erecting buildings for the accommodation of Congress, near the fails of the Delaware, be directed to report as soon as may be: The members, Mr. [Benjamin] Hawkins, Mr. [Elbridge] Gerry, Mr. [Daniel] Carroll, Mr. [John Francis] Mercer and Mr. [Hugh] Williamson.
A motion was then made by Mr. [David] Howell, seconded by Mr. [John Francis] Mercer,
That the President transmit to the executives of New Jersey, Pensylvania, Maryland and Virginia, copies of the acts of Congress of the 7 instant respecting buildings to be erected for a federal town on the banks of the Delaware; and of the acts of the 1 instant respecting buildings to be erected on the banks of the Potomac, for a second federal town, and the adjournment of Congress to Annapolis; [and that copies be also transmitted to the several other states in the Union.]1
[Note 1: 1 This motion, in the writing of Daniel Carroll, except the words in brackets, which are in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 36, II, folio 267. The vote is indorsed on it.]
A division was called for, and a question taken on the first clause, as far as "Delaware", inclusive: passed in the affirmative.
On the question to agree to the second clause, from Delaware to the end, the yeas and nays being required by Mr. [Richard] Peters,
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So it was resolved in the affirmative.1
[Note 1: 1 On this day, as the indorsement indicates, was read a letter of October 23 from the Superintendent of Finance enclosing a copy of one of September 29 from John D. Mercier in reference to the will and pay of George Measam. It was referred to Mr. Williamson, Mr. [Samuel] Osgood, Mr. [William] Ellery, and Mr. [James] Duane. The committee, the indorsement states, reported November 3, but the question was postponed February 1, 1786. The Superintendent's letter is in the Papers of the Continental Congress, No. 137, III, folio 219, the copy of Mercier's letter on folio 231 and the copy of Measam's will on folio 227.
Also, a letter of October 30 from the Secretary at War. It is in No. 149, III, folio 275.
Also, a letter of October 29, from General Duportail. It is in No. 78, VIII, folio 43. According to the indorsement, and the record in Committee Books No. 186 and No. 191, the letter was referred to Mr. [Hugh] Williamson, Mr. [Samuel] Osgood and Mr. William] Ellery, whose report was delivered January 21, 1784, and considered in Congress January 22.]
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