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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 --MONDAY, SEPTEMBER 12, 1785.
Congress assembled Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, and Georgia; and from the State of New Jersey, Mr. [Lambert] Cadwallader, and from North Carolina, Mr. [William] Cumming.
On motion of Mr. [Charles] Pinckney, seconded by Mr. [Jacob] Read,
Whereas the Commissioners appointed under the act of the 15 of March, for holding treaties with the Southern Indians, are authorised to draw on any of the States of
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Virginia, North Carolina, South Carolina and Georgia, for a sum not exceeding 9000 thirteen thousand dollars, for the purpose of holding the said treaties: And whereas the executives of some of the said States may not be empowered during the recess of their legislatures to furnish the sums which may be respectively required of them, by the Commissioners, in time for holding the said treaties; and it being expedient for the tranquillity of the southern frontiers, that they should be concluded with all convenient despatch; therefore,
Resolved, That the Commissioners for holding treaties with the southern Indians be, and they are hereby authorised to draw on the board of treasury of the United States, for such balance of the said sum of 9000 thirteen thousand dollars, as it may not be in the power of the Executives of the said states to furnish for the purposes aforesaid.1
[Note 1: 1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, III, folio 153. The figures lined out are so in the motion but not in the Journal.
On this day, as the indorsement states, was read a letter of September 3 from Matthew Griswold, Governor of Connecticut, reporting that he cannot furnish Congress with the old laws of the State. It is in No. 66, II, folio 304.
On this day, according to Committee Book No. 191, the committee of September 8, on the letter from the Board of Treasury respecting de la Lande & Finje, made a report, which was acted on September 13.
Also was read the letter from the Board of Treasury, dated September 9, relating to the attachment levied by the United States on the property of de la Lande & Finje. It is in the Papers of the Continental Congress, No. 140, II, folio 71.
Also was read, according to indorsement, the report from the Secretary at War, dated September 12, on the message from the Oneida Indians. It is in No. 151, folio 103. See post, September 14.
Also, according to indorsement, the Secretary for Foreign Affairs' drafts of letters to Marbois, were this day referred back to said Secretary to take order; See ante, September 2.
Also, according to indorsement, was read the report of Paymaster General John Pierce, dated September 8, on the petition of Duncan Campbell. It is in the Papers of the Continental Congress, No. 62, folio 91. Roger Alden later indorsed it: "See mem. Sept. 1788 and Rept. bd. treasury Sept. 16th 1788."
Also was read a letter, dated September 8, from Richard Soderstrom requesting copies of a representation sent to Congress by Sears & Smith. It is in No. 78, XXI, folio 435. See post, October 4.]
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War Office,
September 8th, 1785.
The Secretary of the United States for the department of War to whom was referred the Memorial and Narration of Pierre Ayotte reports--
That it appears from the evidence of a number of American Officers particularly Mr. Antill, late a Lieutenant Colonel in General Hazen's regiment, that in February, 1776, he appointed Pierre Ayotte a Captain and furnished him with a sum of Money; that he did actually engage a Company and even a surpluss, that his Company was stationed at Point Levi opposite to Quebec in the beginning of May, 1776, at the time the American Army were obliged to raise the Seige of that City; that upon the retreat of the American Army Captain Ayottes company at Point Levi dispersed and went to their Homes, excepting four privates who joined the American Army at Sorrel] River. That Captain Ayotte went to his own Home, where he closely concealed himself for sometime, but was at length apprehended and conveyed to the Goal in the City of Quebec; that it is rather uncertain how long he remained in confinement, but it is probable that his own statements upon this point may be right, to wit, until January, 1777; after he was liberated he resided with his family until the termination of the War, under some restrictions, probably on oath of fidelity to the King of Great Britain.
That it appears from the evidence of Lieut. Colonel Antill and Major Platt, that Captain Ayotte was extremely zealous in the American cause until the retreat from Quebec. That he frequently obtained provisions from the Inhabitants for the American Troops when in groat distress; that by his activity & zeal, intrenching implements were obtained from the Inhabitants to form the Batteries at Point Levi; that he was particularly serviceable in assisting Major Dubois, to quell a mutiny or rising of the Canadians and that he was employed by General Wooster to raise a number of Beacons below Quebec, in order to give the signal for the approach of the British ships, and that although the Chain was not completed before the arrival of the Vessels, yet he must have incurred some expence in the Business for which it is probable he was not compensated. He says that since the Peace numbers from whom he procured provisions and intrenching Tools have applied to him for payment and have threatened to compel him to make compensation; that the apprehension of this event must oblige him to leave Canada, lest he should be thrown into prison.
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The assertions of Captain Ayotte are strongly corroborated by the information of Colonel Antill and Major Platt that he acted with great vigor in obtaining the Articles before mentioned. From all these circumstances your Secretary is of opinion that it would be proper considering his expences services and sufferings, that he should be allowed the pay and subsistence of a Captain for one Year commencing from January 1st, 1776, and that one hundred and fifty dollars should be advanced to him in full consideration of all extra expences, and as it is probable that he cannot longer reside in Canada without danger of prosecution, in consequence of his conduct in the service of America, that he be allowed rations in the same manner as other Canadians until the 1st. June next, and that the same quantity of Land be allowed to him, as to the heads of other Canadian Families. Upon these reasons the following resolutions are submitted:
Resolved, That the Commissioner of Army Accounts in liquidating the claims of Pierre Ayotte, allow him the pay and subsistence of a Captain for the year 1776, deducting three hundred dollars advanced him by the resolve of the 24th February last.
That the further sum of one hundred and fifty dollars be allowed him in full of all expences, incurred by him in the service of the public.
That he be allowed rations until the first of June next and that the same quantity of Lands be assigned to him, as may be assigned to the heads of other Canadian Families.
H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 91. It is indorsed as read this day and passed September 14.]
War Office, September 10th. 1785.
The Secretary of the United States for the department of War to whom was referred the Memorial of James Stewart, the petition of Hubert Dubois and the petition of Martin Lintz, John Briger and Jacob Brugear Reports--
That Captain James Stewart was an Inhabitant of Canada at the commencement of the late War and is entitled to the provision made by Congress for the Canadians refugees on the 11th. July last.
That Hubert Dubois was an Inhabitant of Canada and lately came from thence into the State of New York, but that it does not appear
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he has performed any services, for which he can claim compensation from the United States.
That Martin Lintz and John Briger are Germans by their own acknowledgement, that Martin Lintz Originally enlisted in Pensylvania and John Briger in a corps commanded by Captain Schott, and transferred from thence to Hazen's regiment agreeably to the Act of Congress of the 3rd. October, 1780, these Men cannot therefore have any just claims as Canadian refugees.
That Jacob Brugear was a soldier in Hazen's regt. & enlisted in Canada, is entitled to provisions under the resolution of the 11th. July last.
The pretensions of Captn. Stewart and Jacob Brugear to provision being founded in justice, they have received the necessary authorities from this Office to draw their rations henceforward either at West Point or Albany: they yet claim a settlement of the arrears of subsistence which they suppose are due to them for retained rations under the Act of Congress of the 9th. August, 1783, On which your Secretary begs leave to observe, that if a retrospect be given to such of the Canadian refugees as have been absent from West Point and Albany & have not drawn their rations in kind in pursuance thereof, great abuses will be committed on the public which no measures can easily remedy; that the rations should therefore be drawn personally at the usual places of issue, within the month, that such rations shall become due.
On this statement of facts, your Secretary submits the following resolution:
Resolved, That the petitions of Hubert Dubois, Martin Lintz and John Briger be dismissed, they having no just claims upon the United States.
H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 95. It is indorsed as read this day and passed February 2, 1786.
September 12: The following committee was appointed: Mr. [William] Houstoun, Mr. [David] Howell, Mr. [Samuel] Holten and Mr. [William] Grayson, on "Letter 9 Sept. Postmaster genl. on the meaning of the words accustomed route." They reported October 3 and the report was acted on October 5. Hazard's letter is in No. 61, folio 235.
Also, the letter from Captain Aaron Hill, a Mohawk chief, dated June 14, was referred to the Secretary at War to report. It is in No. 78, XII, folio 411. See post, October 3.
Committee Book No. 190.]
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