| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, SEPTEMBER 29, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Virginia, South Carolina and Georgia; and from the State of Delaware, Mr. [John] Vining; from Maryland, Mr. [William] Hindman; and from North Carolina, Mr. [William] Cumming.
On a report of the board of treasury, to whom were referred a letter of 21 from Timothy Pickering, and one of the same date, from Ralph Pomeroy,
Resolved, That the commissioner for settling the Accounts of the quartermaster general's department, be authorized and directed to settle the whole accounts of Timothy Pickering, late quartermaster general, and his respective deputies, any thing in the resolve of the 27 February, 1782, to the contrary notwithstanding.
On a report from the board of treasury, to whom was referred a petition of John Allan, esqr. late superintendent of Indian Affairs for the eastern department,
Resolved, That three thousand four hundred and ninety four dollars be paid to Mr. John Allan, out of the requisition for the year 1784, in full of the balance clue to him on the fourth clay of June, 1783, for his services to that time, and that the register's certificate, given for that balance, be taken up and cancelled.1
[Note 1: 1 This resolution, in the writing of Charles Thomson, was added to the report of the Board of Treasury, read June 7. See ante, June 13.]
Page 781 | Page image
The board of treasury having, according to order, reported on the claim of P. du Calvet, as adjusted at the Comptroller's Office,
Resolved, That the board of treasury take order for paying to Monsieur Peter du Calvet, the sum of five thousand three hundred and fifty two dollars and forty three ninetieths of a dollar, being the balance found due to him on a settlement of his accounts, at the comptroller's office.1
[Note 1: 1 This resolution, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 19, II, folio 125. Du Calvet's memorials are in No. 41, II, folios 197 205.]
On motion of the state of Massachusetts, seconded by the state of New York:
Whereas on the 7th day of March, 1785, the legislature of the State of New York passed, and afterwards transmitted an attested copy of a law, in the words following:
"Whereas an agreement was made and entered into on the eighteenth day of May, in the year of our Lord one thousand seven hundred and seventy three, between commissioners appointed by an act of the legislature of the late Colony of New York, and Commissioners appointed by an act of the legislature of the late Colony of Massachusetts Bay; which agreement is in the words following, to wit: This Agreement indented, made the eighteenth day of May, in the thirteenth year of the reign of his Most Gracious Majesty George the third, king of Great-Britain, France and Ireland, Defender of the faith, &c. and in the year of our Lord one thousand seven hundred and seventy three, between John Watts, William Smith, Robert R. Livingston and William Nicholl, esquires, duly authorised to make such agreement, by virtue of a law of the province of New York, of the one part; and William Brattle, Joseph Hawley and John Hancock, esquires, thereunto duly authorised by virtue of a law of the province of Massachusetts Bay, of the other part, witnesseth, that the commissaries aforesaid, being met at Hartford, in
Page 782 | Page image
the colony of Connecticut, for the settlement of a partition line of jurisdiction between the said provinces of New York and Massachusetts Bay, on the easterly part of the said province of New York, and from the south to the north boundaries of the said Massachusetts Bay, in pursuance of the said laws, and certain commissions respectively issued to the Commissaries above named, by the governors of the provinces aforesaid, and in compliance with the royal recommendations heretofore signified to Sir Henry Moore, baronet, and Francis Bernard, esquire, the then governors of the said provinces, by letters from the right honorable the earl of Shelburne, late one of his Majesty's principal Secretaries of State; and after having had divers conferences relative to the aforesaid boundary of the said provinces, they, the said commissaries, do thereupon unanimously agree, that the following line, that is to say, a line beginning at a place fixed upon by the two governments of New York and Connecticut, in or about the year of our Lord one thousand seven hundred and thirty one, for the north west corner of a tract of Land commonly called the oblong or equivalent land, and running from the said corner north twenty one degrees, 10 minutes and thirty seconds east, as the magnetic needle now points to the north line of the Massachusetts Bay, shall, at all times hereafter, be the line of jurisdiction, between the said province of the Massachusetts Bay and the said province of New York, in all and every part and place where the said province of New York, on its eastern boundary, shall adjoin on the said province of the Massachusetts Bay. In testimony whereof, the commissaries aforesaid, have hereunto set their hands and seals, the day and year first above-mentioned. And whereas the governors of the said colonies of New York and Massachusetts Bay, by an instrument in writing under their hands and seals respectively, bearing date the eighteenth day of May, in the year one thousand seven hundred and seventy three,
Page 783 | Page image
signified their approbation of the said agreement; which said instrument is in the words following, to wit: We the governors of the provinces aforesaid, having been present at the execution of the agreement aforesaid, in testimony of our consent thereto, and of our approbation thereof, have hereunto set our hands and seals, at Hartford aforesaid, this eighteenth day of May, in the year of our Lord one thousand seven hundred and seventy three, and the thirteenth year of his Majesty's reign. And whereas since the settlement of the said jurisdiction line in manner aforesaid, Commissioners and surveyors have been since appointed, on the part of the said State of New York and Commonwealth of Massachusetts respectively, to run and mark the said line pursuant to the said articles of Agreement; and although such commissioners, in both instances, proceeded in part to run the said line, yet they could not agree so as to complete the same. And whereas the borderers on the said line now suffer great inconvenience and injustice, by being exposed to taxation under the authority of both governments, and a regard to their security and the public tranquillity require, that some adequate remedy should be provided: Be it enacted by the people of the State of New York represented in Senate and Assembly, and it is hereby enacted by the authority of the same, that it shall and may be lawful to and for the United States of America in Congress assembled, and they are hereby fully authorised to appoint three skilful, judicious and disinterested persons as commissioners, to run out, survey, mark and ascertain the said line of jurisdiction between this state and the commonwealth of Massachusetts, according to the true intent and meaning of the articles of agreement herein before recited. And be it further enacted by the authority aforesaid, that the line so to be run, marked and ascertained by the said commissioners, or any two of them, according to the true intent and meaning of the said Articles of Agreement, shall be, and for ever hereafter
Page 784 | Page image
remain, a jurisdiction or boundary line, as far as the same shall extend between the Commonwealth of Massachusetts and this state: Provided always, that the commissioners so to be appointed, shall, before1 they proceed upon the execution of their trust, be respectively sworn in the presence of a Magistrate, to perform the same faithfully and impartially, according to the best of their skill and Judgment, and shall, within two years from the passing of this Act, complete the said survey, and make a true and exact return thereof into the Secretary's Office of the United States in Congress assembled, in order to be there filed as a perpetual evidence of the said Jurisdiction Line. Provided also, That the Legislature of the Commonwealth of Massachusetts shall consent to such appointment of Commissioners, and shall, within nine Months from the publication of this act, pass a law for vesting the United States in Congress assembled, with similar Powers and Authorities, as are vested in them in and by this Act. And be it further enacted by the Authority aforesaid, That the Governor, or the person administering the Government of this State for the time being, shall be, and is hereby authorized, to nominate and appoint one or more person or persons to furnish the said Commissioners which shall be appointed by Congress, to run the said Jurisdiction line, with the necessary documents and papers relative to the said line, and to disburse and pay, from time to time, the one-half of the expenses attending the survey, as well as to pay the said Commissioners for the one Moiety of their services, and the Person or Persons so nominated and appointed as aforesaid, or any one or more of them, is and are hereby authorized to draw upon, and receive from the Treasurer of this State, a sum not exceeding five hundred pounds, for the purposes aforesaid, and for which they shall be accountable to this State." And whereas on the 29th day of June, 1785, the Legislature of the Commonwealth of
[Note 1: 1 At this point Roger Alden begins the entry.]
Page 785 | Page image
Massachusetts passed, and afterwards transmitted an attested copy of a Law, in the words following: "Whereas an agreement was made and entered into, on the eighteenth day of May, in the year of our Lord one thousand seven hundred and seventy three, between Commissioners appointed by an Act of the Legislature of the late province of Massachusetts Bay, and Commissioners appointed by an Act of the legislature of the late Colony of New York, for the settlement of a partition line of Jurisdiction between the said late province of Massachusetts Bay and the late Colony of New York, on the easterly part of the said colony of New York: And whereas since the agreement made as aforesaid, Commissioners and surveyors have been appointed on the part of the Commonwealth of Massachusetts and the State of New York respectively, to run and mark the said line, pursuant to the said agreement; which Commissioners, although attempts have been made for that purpose, have not been able to complete the running the said line; and whereas the State of New York, by an Act of their Legislature passed on the seventh day of March, one thousand seven hundred and eighty five, have, on their part, authorized the United States in Congress assembled, to appoint three skilful, Judicious and disinterested persons as Commissioners, to run out, survey, mark and ascertain the said line of Jurisdiction, according to the true intent and meaning of the agreement above referred to: Be it enacted by the Senate and House of Representatives, in General Court Assembled, and by the Authority of the same, that it shall and may be lawful to, and for the United States of America, in Congress assembled, and they are hereby fully authorized to appoint three skilful, Judicious and disinterested persons, as Commissioners, to run out, survey, mark and ascertain the said line of Jurisdiction, between this Commonwealth and the State of New York, according to the true intent and meaning of the agreement above-mentioned. And be it further enacted by the
Page 786 | Page image
authority aforesaid, that the line so to be run, marked and ascertained by the said Commissioners, or any two of them, according to the true intent and meaning of the said agreement, shall be, and for ever hereafter remain, a Jurisdiction or boundary line, as far as the same shall extend, between this Commonwealth and the easterly part of the State of New York: Provided always, that the Commissioners so to be appointed, shall, before they proceed upon the execution of their trust, be sworn faithfully and impartially to perform the same, according to the best of their skill and Judgment, and shall, within two years from the seventh day of March, one thousand seven hundred and eighty five, complete the said survey, and make a true and exact return thereof, into the Secretary's Office of the United States in Congress assembled, to be there filed, as a perpetual evidence of the said Jurisdiction Line. And be it further enacted by the Authority aforesaid, that the Governor, by and with the consent of the Council of this Commonwealth, is hereby authorized to appoint one or more person or persons, to furnish the said Commissioners, which shall be appointed by Congress to run and ascertain the line aforesaid, with the necessary documents and papers relative to the said line, and to make his warrant on the Treasurer of this Commonwealth in favour of the person or persons so to be appointed, for the sum of three hundred pounds, to be applied, if necessary, for the payment of one-half of the expenses attending the survey, and for which they shall be accountable to this Commonwealth."
For the purpose of carrying into execution the object of the states aforesaid,
Resolved, That Monday next be assigned for the appointment of Commissioners, conformable to the Laws of the States aforesaid.1
[Note 1: 1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 133.]
Page 787 | Page image
1
Congress took into consideration a Plan for regulating the receipt of taxes, and payment of the Interest due by the United States;
[Note 1: 1 At this point Thomson resumes the entries.]
And the following paragraph being under debate, viz.
That it shall be the duty of the several Officers hereafter to be appointed, to receive and keep the monies arising from the continental taxes in the different states, and to pay the interest due from the United States in the said states respectively; to keep their Office as contiguous as possible to the treasurer of the state in which they may respectively reside, &c.
A motion was made by Mr. [David] Howell, seconded by Mr. [John] Lawrance, to strike out the words "to keep their Office as contiguous as possible to the treasurer of the State in which they may respectively reside." And on the question, shall those words stand? the yeas and nays being required by Mr. [David] Howell,
{table}
[Note 2: 2 This vote is also in the Papers of the Continental Congress, No. 36, III, folio 148.]
Page 788 | Page image
So the question was lost, and the words were struck out.1
[Note 1: 1 On this day, as the indorsement indicates, was read a memorial, dated September 29, of Nathaniel Sackett and associates, for a grant of land in Ohio and power to establish government therein. The memorial, in printed form, with an engraved map, is in No. 41, IX, folio 349. It includes the memorial of August 22, which Despatch Book No. 185 shows was delivered to Congress, but ignored, and is followed by five folios of signatures of the associates.
Also, a letter of August 23, from Richard Caswell, Governor of North Carolina, relative to acts passed by that state and its representation in Congress. It is in No. 72, folio 215.]
War Office, September 27th. 1785.
The Secretary of the United States for the department of War, to whom was referred the Memorial of Capn James McLean, Reports--
That the Corps of Invalids were disbanded in the latter end of the year 1783.
That such of them who were at Philadelphia and could not find inmediate means of subsistence, were offered a maintenance at West Point by the Inspector General Baron Steuben in consequence of orders from the Commander in Chief. That five officers and about Twenty five men embraced the proposals and repaired to that post. That the soldiers did not perform and perhaps were incapable of performing any duty, but the Officers occasionally sat on Courts Martial. In addition to which Lieutenant McLean had the special command of the privates. That the Troops of the garrison having received four months pay during the last and present year, the same proportion was paid the Invalids in consideration of their unfortunate situation, in addition to which the Invalid Officers regularly received their full subsistence Money, and the Soldiery their full rations and some clothing. That this circumstance and the benevolent manner in which they were directed to repair to West Point induced them to believe that they were to receive full pay and rations during Life--That upon Congress passing the ordinance on the 7th June last, establishing a system for the Invalids: it became the duty of your Secretary to disband the Invalids at West Point--that they might be provided for as the Resolve directs. That in order to enable them to return to the States to which they respectively belonged, two and three months pay were advanced to the officers in proportion to the distances they had to go, and ten dollars to each of the Privates, who were principally from Pennsylvania. The necessity of the case
Page 789 | Page image
dictated these advances, but your Secretary was restrained from granting a warrant for the supposed Arrearages of pay, from the consideration that he did not conceive it to be the intention of Congress, that a very small part of the numerous Invalids, should be supported with full pay and Emoluments, while at the same time, those who were scattered through the United States whose claims were equally strong, should receive nothing. The pay and subsistence Money actually advanced those at West Point, far exceeds the amount of their half pay. There have been repeated applications to this Office from Invalid Officers in the several States, to be placed upon an equal footing with those who were at West Point, but however great their distresses have been, your Secretary had no Authority to comply with their request. But if Congress should be of opinion that the general Assurances of the Inspector General amounted to a promise of full pay and emoluments, and that the pay which was advanced at different periods afterwards, confirmed that idea and that no ill consequences will arise from a provision for a part of the Invalids, while the whole of that unfortunate, tho' meritorious Corps were unprovided for, they will please to direct. That the Paymaster General make the same settlement with the Officers and Soldiers of the Invalids who were at West Point from the beginning of December 1783, to the 31 July, 1785, as was made with the Troops who formed the Garrison during the same period. If however Congress should conceive that a full allowance of pay and emoluments would involve applications from other Persons, who have equal claims on the Public, which could not be rejected upon principles of impartiality yet, as Lieutenant McLean did upon the expectation of receiving his full pay, incurs debts on his own and the Account of his Men which he is unable to discharge, but for the payment of which he stands bound, amounting toDollars, and as his having had the charge of the Privates, creates a difference in his favour from the other Officers, Your Secretary submits to Congress the propriety of enabling Mr. McLean to discharge the aforesaid Bond of one hundred and thirty dollars and in consideration of the trouble of Commanding the Privates, that a sum be advanced him equal to the Amount of three months pay of a Lieutenant. Upon this principle the following resolve is submitted.
That the sum of one hundred and thirty Dollars be advanced to Lieut. McLean of the Invalids in order to enable him to discharge the Debts due from the Invalid Soldiers, late under his orders at
Page 790 | Page image
West Point, and in consideration of the trouble of his having had the direction of the said Invalids, a further sum be advanced to him equal to three months pay as Lieutenant.
H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 117. According to indorsement it was read this day. Committee Book No. 191 states that it was transferred.
September 29: The following committee was appointed: Mr. [Rufus] King, Mr. [David] Howell and Mr. [Melancton] Smith, on "Letter 14 Sept. 1785 Saml. Kirkland. Letter 15 Sept. James Dean with Message from Indians". This message was from Joseph Brant and the Oneidas. This committee also considered the report of the Secretary at War, of September 12, and rendered its report October 4. Kirkland's letter is in No. 30, folio 475, and Dean's is on folio 473. Brant's speech and letter from the Oneidas is in No. 30, folio 471.
Also, the petition of "Nicholas Jourdain for pay for collecting prisoners in Indian gowns as directed by Comrs" was this day referred to the Secretary at War to take order.
Also, the petition of William Fagan, an Invalid, for pay was referred to the Secretary at War.
Committee Book No. 190.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |