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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 4, 1786.2
[Note 2: 2 At this point Roger Alden begins the entry.]
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from the State of New Hampshire, Mr. [Pierse] Long.
According to order, the Agents for the States of South Carolina and Georgia, attended, in pursuance to the act of Congress, and the notification given the i June, 1785, and
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produced their Credentials, declaring at the same time, that they had respectively examined each others credentials, and were satisfied with the powers therein contained. The Credentials were then read, and are in the words following, viz.
State of South Carolina.
By His Excellency William Moultrie, Esqr. Governor and Commander in Chief in and over the State aforesaid: To all to whom these presents shall come, be seen or made known, Greeting: Know ye, that John Vanderhorst, Esqr. who certifies the annexed to be a true copy from the original Ordinance of record, in the Secretary's Office of the said State, is Secretary of the said State, therefore all due faith, credit and authority is and ought to be had and given to his proceedings and certificate as such. In faith and testimony whereof, I have hereunto set my hand, and caused to be affixed the Great Seal of the State, in the city of Charleston, this 1st day of August, in the Year of our Lord one thousand seven hundred and eighty six, and of the sovereignty and Independence of the United States of America, the eleventh.
William Moultrie.
By His Excellency's command, Peter Freneau, Dy. Sec'y.
With the great Seal of the state Appendant.
State of South Carolina:
At a General Assembly begun and holden at Charleston, on the third day of January, one thousand seven hundred and eighty-five, and in the ninth year of the Sovereignty and Independence of the United States of America, and from thence continued by divers adjournments, to the twenty-second day of March, in the Year of our Lord one thousand seven hundred and eighty-six.
An Ordinance to appoint Commissioners to ascertain and settle the boundaries of this State with the States of Georgia and North Carolina; and to authorize His Excellency the Governor to appoint Agents to act in behalf of this State at the federal court, in the controversy between this State and the State of Georgia, relative to boundary. Be it Ordained by the honorable the Senate and house of representatives, now met and sitting in General Assembly, and by the authority of the same, that three commissioners be chosen by joint ballot to the legislature, which commissioners, or a majority of
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them, when chosen, shall be, and they are hereby invested with full and absolute power and authority, in the behalf of this State, to settle and compromise all and singular the differences, controversies, disputes and claims, which subsist between this State and the State of Georgia, relative to boundary, and to establish and permanently fix a boundary between the two States; And this state shall and will at all times hereafter, ratify and confirm all and whatsoever the said commissioners, or a majority of them, shall do in and touching the premises, and the same shall be forever binding on this state: Provided always, that the Commissioners to be appointed by the state of Georgia, shall have as extensive powers vested in them by the State of Georgia, as are above vested in the commissioners of this State: And as it may so happen that the said commissioners may not be able to settle and compromise the above differences, but it may be necessary to have the same decided by a federal court: Be it Ordained by the Authority aforesaid, that his Excellency the Governor, or Commander in Chief for the time being, be, and he is hereby empowered to appoint proper persons to prosecute the claim, and to manage the affairs of this State in the federal court, with full power and authority to do, transact, perform and execute all and every such matters and things touching the same, as shall be requisite and necessary; And this State shall and will at all times hereafter, ratify and confirm what shall be so done, transacted, performed or executed: And be it further ordained by the Authority aforesaid, that three commissioners be chosen by joint ballot of the legislature; which commissioners, or a majority of them, when chosen, shall be, and they are hereby invested with full and absolute power and authority, in behalf of this State, to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between this State and the State of North Carolina, relative to boundary, and to establish and permanently fix a boundary between the two last mentioned States: And this State shall and will at all times hereafter, ratify and confirm all and whatsoever the said commissioners, or a Majority of them, shall do in and touching the premises; And the same shall be forever binding on this State: Provided always, that the commissioners to be appointed by the State of North Carolina, shall have as extensive powers vested in them by that State, as are hereby vested in the Commissioners of this State: And be it further ordained by the Authority aforesaid, that His Excellency the Governor,
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or Commander in Chief for the time being, shall be, and he is hereby empowered to draw upon the treasury for any sum or sums, not exceeding ten thousand dollars, for the reasonable expenses of the said commissioners, and for carrying this ordinance into full execution.
In the Senate house, the twenty-second day of March, in the year of our Lord one thousand seven hundred and eighty-six, and in the tenth Year of the Independence of the United States of America.
John Lloyd,
President of the Senate.
John Fauchereaud Grimke,
Speaker of the House of Representatives.
State of South Carolina,
Secretary's Office.
I hereby certify the foregoing to be a true copy from the original Ordinance of record in this office.
Examined by John Vanderhorst, Secretary.
State of South Carolina, By His Excellency William Moultrie, Esqr. Governor and Commander in Chief in and over the State aforesaid:
To the honorable John Kean, Charles Pinckney and John Bull, Esqrs.
Whereas disputes and differences have arisen and now subsist between the States of South Carolina and Georgia, concerning the boundaries of the said States, and in consequence thereof a Petition of the legislature of this State, praying that a federal court may be appointed conformably to the Articles of the Confederation to decide the same, has been presented to Congress: Whereupon Congress have resolved, that the second Monday of May next, be assigned for the appearance of the said States by their lawful Agents to proceed in the premises as by the said Articles of Confederation is directed. Now know ye, that I, resposing special trust and confidence in the abilities and integrity of you the said John Kean, Charles Pinckney and John Bull, do hereby nominate and empower you, or any two of you, as lawful Agents for and in behalf of the State of South Carolina aforesaid, to appoint Commissioners or Judges, to constitute a Court for hearing and determining the said matter in question between the said States of South Carolina and Georgia, conformably to the Articles of confederation aforesaid: And I do hereby further direct and require, that after such Commissioners or Judges are appointed, and they shall have fixed on a time and place for holding the said court, that you do
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give sufficient notice thereof to me, in order that the proper persons appointed to prosecute the claim and to manage the affairs of this State in the said federal court, may attend the same. Given under my hand and the Great Seal of the State, in the city of Charleston, this eighteenth day of April, in the Year of our Lord one thousand seven hundred and eighty-six, and of the Sovereignty and Independence of the United States of America, the Tenth.
William Moultrie.1
[Note 1: 1 The original of this commission is in the Papers of the Continental Congress, No. 76, folio 250.]
By his Excellency's command, Peter Freneau, Dep'y. Sec'y.
Georgia, By the hon. Edward Telfair, Esqr. Captain General, Governor and Commander in Chief in and over the State aforesaid:
To all to whom these presents shall come, Greeting:
Know ye, that John Milton, Esqr. who hath certified the annexed copy of an Act, entitled "An Act to appoint Agents to defend the fights of the State of Georgia, to certain territories claimed by the State of South Carolina," is Secretary of the State of Georgia aforesaid, in whose Office the Archives of the same are deposited; therefore all due faith, credit and authority axe and ought to be had and given the said copy by him certified: In testimony whereof, I have hereunto set my hand, and caused the great Seal of the said State to be put and affixed at Augusta, this first day of April, in the year of our Lord one thousand seven hundred and eighty-six, and of our sovereignty and Independence the 10th.
Edward Telfair.
By his Honor's command, J. Milton, Sec'y.
With the great Seal of the state Appendant.
An Act to appoint Agents to defend the rights of the State of Georgia to certain territories claimed by the State of South Carolina.
Whereas the Legislature of the State of South Carolina did present a petition dated the 24th day of March, one thousand seven hundred and eighty-five, to the United States of America in Congress Assembled, stating, that they did claim "the lands lying between the North Carolina line, and a line to be drawn due west from the mouth of the Tugaloo river to the Mississippi, because, as they contend, the river
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Savannah loses that name at the confluence of Tugaloo and Keowee rivers, consequently that spot is the head of Savannah river," also, the lands lying between a line to be drawn from the head of St. Mary's, to the head of the Altamaha rivers, the Mississippi river and Florida, as being within the limits of its charter, and not annexed to the State of Georgia, and praying that a federal court might be appointed to hear and determine the dispute and difference between the said two States, relative to the said territory, agreeable to the Articles of confederation and perpetual union between the United States. And whereas the said United States in Congress Assembled, by an act of Congress dated at New-York, the first day of June, one thousand seven hundred and eighty-five, did notify to the Legislature of the State of Georgia, that they had assigned the second Monday in May next for the appearance of the said States of Georgia and South Carolina, by their lawful Agents, to proceed in the premises: Now, that the just rights and jurisdiction of this State to the territories claimed by the State of South Carolina, in their petition above recited, may be properly verified, and such proceedings be had in the premises as the said Articles of Confederation and perpetual Union direct: Be it enacted by the representatives of the freemen of the State of Georgia in General Assembly met, and by the Authority of the same, that the honorable William Houstoun, George Walton and William Few, be, and they are hereby appointed Agents for this State in the dispute and difference aforesaid, on behalf of this State, and they the said William Houstoun, George Walton and William Few, or any two or more of them, are hereby fully authorized and empowered to appear and represent this State, before the United States in Congress assembled, on the second Monday in May next, and at all such other times and places, as they may thereafter direct and appoint, and by joint consent with the Agents or Commissioners for the State of South Carolina in this behalf appointed, to nominate and agree upon such persons as they may think proper to be Commissioners or Judges, to constitute a federal court, finally to determine the dispute and difference aforesaid, between the said States. And if it should so happen, that the said Agents herein before mentioned, or any one or more of them, and the Agents or Commissioners on this behalf, appointed by the State of South Carolina, cannot agree in the choice of persons so to be appointed Commissioners or Judges, to form a federal court, as aforesaid, then the said Agents herein before
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appointed, or any one or more of them, shall, and they are hereby declared to have full power to name proper persons for that purpose, to be struck and commissioned by the United States in Congress assembled, according to the form pointed out by the Confederation and perpetual Union of the said United States, and to appear before the said court when legally appointed and convened; there to defend and vindicate the rights and Jurisdiction of this State, taking all due and lawful ways and means in their power, that the final issue of the said dispute and difference may be successful for this State; for which purpose they are hereby authorised and empowered to employ and engage all such counsel learned in the law, and all such solicitors as they may think proper and necessary on the trial, and in prosecution of the claim and right of Jurisdiction of this State to the territories in question, hereby confirming and establishing, whatever they the said agents, or any one or more of them, shall or may lawfully do, on behalf of this State in the premises. And be it further enacted by the Authority aforesaid, that the said Agents herein appointed, or any one or more of them, shall, and they are hereby declared to have full power, and are hereby required to examine the records of this State, and take and carry away, so that they may be produced at the trial, all such original papers and records as they may think proper, authenticated under the great seal of this State, or such sufficient authenticated copies of the same, exemplified as aforesaid, as they may deem proper, to be given in evidence on the said trial; and the Officers keeping such Offices, are hereby required to furnish the said Agents or any of them with the same, when called for, without fee or reward.
By order of the House:
William Gibbons, Speaker.
Augusta, 13th February, 1786.
Georgia, Secretary's Office:
I do hereby certify, that the foregoing is a true copy, taken from the Original Act deposited in my office.
J. Milton, Secretary, State of Georgia.1
[Note 1: 1 The certified copy of this act is in the Papers of the Continental Congress, No. 76, folio 256.]
On motion of the Delegates of the said States,
Resolved, That the Agents for the States of South Carolina and Georgia be, and they are hereby directed to appoint, by
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joint consent, commissioners or Judges to constitute a court for hearing and determining the matter in question, agreeable to the ninth of the Articles of confederation and perpetual Union.
On a report of a committee, consisting of Mr. [Rufus] King, Mr. [Charles] Pinckney and Mr. [John] Bull, to whom was referred the Subject of the transportation of the mail for the year 1787,
Resolved, That the Post Master General be, and hereby is authorised and instructed to enter into contracts with sufficient security, for the conveyance of the mails by stage carriages, if practicable, for one year, commencing on the 1st day of January next, from Portland, in Massachusetts, to Savannah, in Georgia; and that the same be done by four or more separate contracts; and in case of only four contracts, the first to extend from Portland to New York; the second from New York to Philadelphia; and third from Philadelphia to Petersburg; and the fourth from Petersburgh to Savannah, by such route as the Post Master General may find most convenient.
Resolved, That the said Post Master General be further authorised and instructed to make arrangements for the transportation of the mail for one year from the 1st day of January, 1787, on the following cross roads, at such stated periods as he shall judge necesary, viz.
From Portland to Pownalborough, in the State of Massachusetts; from Boston, in the State of Massachusetts, to the town of Concord, in New Hampshire; and from thence, through Exeter, to Portsmouth; from Springfield, in the State of Massachusetts, to the city of Albany, in the State of New York; from the city of New York, to the city of Albany, in the State of New York, and from the said city of New York to Danbury, in the State of Connecticut, and from thence to Harftord, in the said State, by the most convenient route. From the town of Baltimore to the city of Annapolis, in the State of Maryland, and from the city of Philadelphia to the town of Vienna, in the State of
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Maryland; from the city of Annapolis, in Maryland, to Leonardtown, in St. Mary's county, by the route of Upper Marlborough, Piscataway and Port Tobacco. From the town of Alexandria, in the State of Virginia, to the town of Pittsburgh in the State of Pennsylvania, by the route to Leesburgh, Winchester, Fort Cumberland and Bedford; and from the city of Philadelphia to Bedford; from the town of Wilmington to Fayetteville, in the State of North Carolina, by the route of Elizabethtown; from Fayetteville, in North Carolina, to Camden, in South Carolina, and from thence to Charleston, in the same State; and from Camden, by the route of Columbia, to Augusta, in Georgia. Provided always, that nothing in this act contained shall be construed to affect the cross posts heretofore established, which are hereby confirmed. And the Post Master General is hereby farther authorised to farm the exclusive right of conveying the mail on the cross roads above enumerated, or on any of them, to any person or persons giving sufficient security for the faithful transportation of the same, for a term of not exceeding seven years. Provided that the postage of letters or packets upon such cross roads shall not exceed the rates established for the conveyance of such letters, a like distance on the main post road.1
[Note 1: 1 This report, in the writing of Benjamin Bankson, with additions and alterations in that of Rufus King and John Bull, is in the Papers of the Continental Congress, No. 61, folio 533. According to indorsement it was read this day and passed. In No. 36, IV, folio 49, is a motion, undated, in the handwriting of Edward Carrington, which reads: "Resolved, That the Post Master Genl. be authorized and directed to make contracts with the Masters and Owners of Stage Coaches on the Post roads through ye U.S. for the transportation of the Mail whenever the same can he effected at the rate of on terms not exceedingdollars pr mile annually for three mails a week."]
On Motion of Mr. [John] Lawrance, seconded by Mr. [Melancton] Smith,
Resolved, That the Comptroller, in settling the accounts of Joshua Mersereau, be directed to pass to his credit, all such necessary sums of money as may appear to have been disbursed by him in the hire of John Mersereau, as an assistant, while acting as Deputy Commissary of Prisoners.
Resolved, That the Comptroller be directed, in settling the accounts of Joshua Mersereau, to allow such travelling
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charges as were necessarily incurred in the execution of his Office.1
[Note 1: 1 This motion, in the writing of John Lawrance, is in the Papers of the Continental Congress, No. 19, IV, folio 67.]
On motion of Mr. [John] Lawrance, seconded by Mr. [Melancton] Smith,
Resolved, That the Commissioner of Army Accounts settle the pay due to William Smith, as an Assistant Engineer, from the first day of January, to the first day of November, 1776.2
[Note 2: 2 This motion, in the writing of John Lawrance, is in No. 19, V, folio 361. It is headed by Roger Alden: "on report of Commr. of Army Accounts."]
[Motion of Mr. King]
That the Secy. of Congress inform Mr. S. H. P. that it is the expectation of congress that he does not longer delay in proceeding to the adjustment of the claims of the State of virginia under his appointt. of theday of
The Committee [consisting of Mr. John Bubenheim Bayard, Mr. Timothy Bloodworth and Mr. John Bull] to whom was refer'd the Petition of Capt. John Paul Short, beg leave to report: That they have consider'd said petition and conversed with Capt. Short thereon, and are of Opinion that as the petitioner by various Accidents and Misfortunes has lost his Vouchers for the Expenditure of the Money deliver'd Him from Time to time by the Paymaster Genl. for recruiting and pay of His Company that He be credited for the Same upon His declaring upon Oath that He has paid the Sums wherewith He stands charged, whereupon the Committee submit the following resolution.4
[Note 4: 4 This report, in the writing of John Bubenheim Bayard, is in the Papers of the Continental Congress, No. 19, V, folio 293. According to indorsement it was read this day. The resolution submitted was adopted September 5 and is spread verbatim on the Journal of that date.]
[Note 4: 4 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 295. According to indorsement it was referred to the Secretary of Congress to take order, on September 4. Thomson's letter to Samuel Holden Parsons, in pursuance of this order, is in the Secretary's Letter Book, No. 18 B, under date of September 5.]
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The Committee consisting of [Mr. Edward Carrington, Mr. William Henry and Mr. Nathaniel Ramsay] to whom was referred the Memorial of David Henley together with the report of the Commissioner of Army Accounts thereupon, report the following Viz. That the said Report of the Commissioner of Army Accounts be agreed to as follows:
It appears to your Committee from the memorial of the said David Henley that he was not included in the Arrangement of the Army which took effect under the Resolutions of March 9th., 1779.
That by a Resolve of the 24th. Nov., 1778, all officers which had been, or might thereafter be, by the alteration of the establishment of the Army, omitted in the arrangement thereof, were allowed one year full pay as a Compensation provided until they could return to civil life with advantage. That no other provision was made for deranged Officers until the Resolves of the 21st. October, 1780, which gave all Officers who should be deranged by the arrangement therein directed to take effect, half pay for life, in lieu whereof the commutation of five years full pay was afterwards given. From the foregoing statement it appears to your Com. that as Colo. Henley's derangement took place before the provision of the 21st of October, 1780, he can have a claim for nothing more than that contained in the Resolution of the 24th of Novr., 1778. Whereupon the following Resolution is proposed, Viz:
That the Com. of Army Accounts be directed to allow and pay to the said David Henley one years full pay upon his Commission as Colo. in the service of the U.S. in pursuance of the Resolve of the 24 November, 1778.1
[Note 1: 1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress, No. 62, folio 162. According to indorsement it was passed September 5.]
The Commissioner for Settling the accounts of the army to whom was referred on the 28th. of June last the petition of Dun Campbell, begs leave to report:
That Mr. Campbell has exhibited an account No. 1 for expences, on an expedition ordered by General Arnold, amounting to Seventeen pounds, One shilling and 3d. which account your Commissioner begs leave to observe, has been already paid in a settlement made by Mr. Campbell at Albany in May, 1777. [Acknowledged a duplicate.]
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That he exhibits the account No. 2 and 3 for advances made to his men in Canada, amounting to one hundred and thirty-seven Dollars, which your Commissioner is of Opinion cannot be allowed, not only for want of Vouchers, but because that in a Settlement made with the petitioner at Crown Point in July, 1776, there was paid into his hands, the whole pay due to his Company by which he was enabled to Reimburse himself for his advances to the men then present, but he had also allowed to him expressly such sums as he himself said he had advanced to those left behind him in Canada.
That he exhibits the account No. 4 amounting to One hundred and ten pounds N. York Currency, being advances made in Canada, for enlisting men, furnishing them with arms and provisions, and paying their ferryage, on which your Commissioner has to observe, that it appears somewhat extraordinary, that it should not have beer produced at the times, when Mr. Campbell Settled for and Received payment for his other advances in Canada and that there is no voucher produced of his payment of the money, which has caused your Commissioner to doubt the propriety of admitting the same without more Satisfactory evidence.
The charge included in it £21.12.0 for Bounty the Commissioner has not particularly excepted against, because it appears that the men were enlisted and that General Arnold authorised the payment, in other respects it is, however, Subject to the same objections as the other charges in this account.
All which is humbly Submitted.
Jno. Pierce.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 62, folio 149. According to indorsement it was read September 4 and referred to Mr. [Nathaniel] Ramsay, Mr. [Edward] Carrington, and Mr. [Arthur] St. Clair. Committee Book No. 190 states that this committee reported September 14. Roger Alden's indorsement further shares: "Act on report of Committee passed 19th. Sept., 1786, filed. See Mem. Sept., 1788, and Report bd. treasury Sept. 16th., 1788."]
Office of Army Accts.
, Sept. 1st., 1786.
[Motion Mr. St. Clair]
Whereas the Board of Treasury in their Report of June 6th. last upon the Petition of Michael Smyser seem to have considered Mr. Smyser as applying for relief in his own Person, and that he might
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be put in a situation to do Justice to his Creditors, in the Business reffered to in the Petition, while the Creditors are realy Soldiers who have been furnished with Arms by sundry Inhabitants upon their personal Contracts, and obliged to pay for the same out of their own pockets, and are the People to be relieved, Mr. Smyser having been an agent only, therefore resolved that the Petition of the said Michael Smyser together with the Report of the Board of Treasury be referred back to that Board for reconsideration.1
[Note 1: 1 This motion, in the writing of Arthur St. Clair, is in the Papers of the Continental Congress, No. 138, II, folio 333. According to Committee Book No. 190, the report of the Board, together with St. Clair's motion, was referred back to the Board of Treasury to report. A report was rendered March 21, 1787.
Also was read, according to indorsement, a letter from the Board of Treasury, dated August 31, regarding the felony of John Phelon, a clerk in the office of the Commissioner of Army Accounts, and referred to the Secretary for Foreign Affairs to report. He reported September 7. The Board's letter and accompanying papers are in No. 140, II, folios 271--279.]
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