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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 --TUESDAY, SEPTEMBER 19, 1786.
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long, and from Pennsylvania, Mr. [John Bubenheim] Bayard.
On motion of Mr. [Charles] Pinckney, seconded by Mr. [Josiah] Hornblower,
Ordered, That the board of treasury report the sums in specie value, which have been respectively advanced to the delegates of the several States, with the names of the delegates to whom the said Sums were paid, and the times and purposes expressed in the resolutions on which they were advanced.1
[Note 1: 1 See post, September 26.]
On the report of a committee, consisting of Mr. [Nathaniel] Ramsay, Mr. [Edward] Carrington and Mr. [Arthur] St. Clair, to whom was referred a Memorial of Duncan Campbell, together with a report of the commissioner of Army Accounts thereon,
Resolved, That the commissioner of Army accounts settle with and allow Duncan Campbell two hundred and seventy-seven dollars for bounty money advanced to fifty four recruits, by order of general Arnold, and for Arms, blankets, and other things, furnished the said recruits.
[Motion Mr. Pinckney]
Ordered Resolved, That the board of Treasury report the sums in specie value which have been respectively advanced to the delegates of the several states, with the names of the delegates to whom the said sums were paid and the times and purposes expressed in the resolutions on which they were advanced.2
[Note 2: 2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 26, folio 617. According to indorsement it was passed September 19.]
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The Com. consisting of [Mr. Edward Carrington, Mr. John Bubenheim Bayard and Mr. William Samuel Johnson] to whom was referred the memorial of David Henley report as follows:
It appears to your Com. from the information of the said David Henley that he was charged with the immediate command of the Guard of Militia amounting to near 3,000 Men over the convention Troops at Cambridge for about six months in the years 1777 and 1778. That the residence of Genl. Heath who had the Chief Command being in Boston, which was distant and unconnected with the Troops, a very great proportion of the expences as well as business incidental to such a command, fell upon the memorialist, and that these expences must have been much augmented by communications with the British Officers which, for preserving the respect necessary dignity of his public Character were necessary and unavoidable. Your Com. are of Opinion upon considering the foregoing facts, that, had Genl. Heath actually resided with the Troops at Cambridge, Colo. Henley's command under him would still have been equal to a Brigadier, and must have exposed him to more expence than would regularly have attended the Rank of Colonel and his claim for some indemnification would be reasonable, but as Genl. Heath did not reside there it becomes the more incumbent on the justice of Congress to make him an allowance which may comprehend all the aforesaid considerations whereupon the following resolution is submitted:
R., That David Henley be alloweddollars as an indemnification for his extraordinary expenses while in Command with the Militia employed as a Guard over the convention Troops at Cambridge in the State of Massachusetts in the years 1777 and 1778.1
[Note 1: 1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress, No. 19, III, folio 125. According to indorsement it was read September 19 and passed September 21. The changes then made in the resolve are entered upon this report.]
The Committee consisting of Mr. [William Samuel] Johnson, Mr. [Charles] Pinckney, Mr. [Melancton] Smith, Mr. [Nathan] Dane and Mr. [William] Henry appointed to prepare a plan of a temporary government for such districts or new States as shall be laid out by the United States upon the principles of the acts of cession from individual States and admitted into the confederacy, submit the following report to the consideration of Congress:
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The United States in Congress assembled will appoint a governor, whose Commission shah continue in force for the term of three years unless sooner revoked by Congress.
There shall be appointed by Congress from time to time a Secretary whose Commission shall continue in force for two years unless sooner revoked by Congress. It shall be his duty to keep and preserve the Acts and laws passed by the general Assembly and public records of the district, and of the proceedings of the governor in his executive department and transmit an Authentic copy thereof every three months to the Secretary of Congress.
There shall also be appointed a Court to consist of five Judges who shall have a common law and Chancery Jurisdiction and whose Commissions shall continue in force during good behaviour.
And to secure the rights of personal liberty and property to the inhabitants and other purchasers in the said districts it is hereby
Resolved, That the inhabitants of such districts shall always be entitled to the benefits of the Act of habeas Corpus and of the trial by Jury.
That the Judges shall agree on the Criminal Laws of some one State, in their Opinion the most perfect, which shall prevail in said district, until the Organization of the general Assembly, but afterwards the general Assembly shall have authority to alter them as they shall think fit.
That the real estates of resident proprietors dying intestate previous to the Organization of the general Assembly shall descend to the heirs of such proprietors Male and female in equal parts, that is to say, if a father dies intestate leaving a Son and two daughters the real estate shall be divided into three equal parts, and descend to each in such equal proportions; provided however, that such proprietors shall be at liberty to dispose of such lands by alienation by bargain and sale testamentary devise or otherwise as he shall think proper; but after the Organization of the general Assembly the estates of resident proprietors shall be subject to such disposition by alienation bargain and sale descent or otherwise as the said assembly shall direct.
The real estate of non resident proprietors shall be subject to such alienation while living and disposal by testamentary devise as they shall think fit; but the real estates of non resident proprietors dying intestate shall descend in the same manner as those of resident proprietors, previous to the organization of the general assembly until such district shall be admitted into the Confederacy.
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The Governor for the time being shall be commander in chief of the Militia; and appoint and Commission all officers in the same below the rank of General Officers; all officers of that rank shall be appointed and Commissioned by Congress.
Previous to the Organization of the general Assembly the governor shall appoint such Magistrates and other Civil Officers in each County or township, as he shall find Necessary for the preservation of peace and good order in the same.
After the general Assembly shall be Organized, the number of Magistrates and other Civil Officers with their powers and duties and term of services shall be regulated and defined by the said Assembly. But all Magistrates and other Civil Officers not herein otherwise directed shall during the continuance of this temporary Government, be appointed by the Governor.
The Governor shall as soon as may be, proceed to lay out the land into Counties and Townships, subject however to such Alterations as may thereafter be made by the Legislature.
So soon as there shall befree male Inhabitants of full age within the said district, upon giving due proof thereof to the Governor they shall receive authority, with time and place to elect representatives from their Counties or Townships as aforesaid to represent them in general assembly; provided that for everyfree male Inhabitants there shall be one representative, and so on progressively with the number of free male Inhabitants shall the right of representation increase until the number of representatives amount toafter which the number and proportion of representatives shall be regulated by the Legislature; Provided that no person shall be eligible or qualified to act as a representative unless he shall be a Citizen of one of the United States, or have resided within such district three years and shall likewise hold in his own right in fee simple 200 acres of land within the same; provided also that a freehold or life estate in fifty acres of land if a Citizen of any of the United States and one years residence if a foreigner in addition shall be necessary to qualify a man as elector for the said representative.
The representatives thus elected shall serve for the term of one year; and in case of the death of a representative or his resignation or renunciation of Office the governor shall issue a writ to the County or Township for which he was a member to elect another in his stead to serve for the residue of the time.
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The General Assembly shall consist of the Governor, a Legislative Council to consist of five members, any three of whom to be a quorum, to be appointed by the United States in Congress Assembled and to continue in Office during pleasure; and a house of representatives who shall have a Legislative authority complete in all cases for the good government of the district; provided that no act of the said general Assembly shall be construed to affect any lands the property of the United States; and provided further that the lands of the non-resident proprietors shall in no instance be taxed higher than the lands of residents.
All money bills shall Originate in the house of representatives, and all other bills indifferently either in the Council or house of representatives, and having been passed by a Majority in both houses shall be referred to the governor for his assent, after obtaining which they shall be complete and valid; but no bill, resolution, Ordinance or Legislative Act whatever shall be valid or of any force without his assent.
The Governor shall have power to convene or prorogue the general Assembly at their request, or when in his Opinion it shall be expedient.
The said Inhabitants or settlers shall be subject to pay a part of the federal debts contracted or to be contracted, and to bear a proportional part of the burthens of the Government to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States. The annual salary of the Governor shall be, of the
The annual salary of Governor shall be, of the Legislative Council, of the Judges, and of the Secretaryper annum.
The Governor, Judges, Legislative Council, Secretary and such other Officers as Congress shall at any time think proper to appoint in such district shall take an Oath of Office beforepresented on theday ofto the Secretary at War Mutatis Mutandis.
Whensoever any of the said States shall have of free inhabitants as many as are equal in number to the one thirteenth part of the Citizens of the Original States, to be computed from the last enumeration, such State shall be admitted by its delegates into the Congress of the United States on an equal footing with the said original States; provided the consent of so many States in Congress is first obtained as may at that time be competent to such admission.
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Resolved, That the resolutions of the 23d. of April, 1784, be, and the same are hereby annulled and repealed.1
[Note 1: 1 This report, in the writing of Henry Remsen, jr., except the preamble, which is in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 30, folio 101. According to indorsement it was read September 19 and made the "Order of Day for thursday 21 Sept."
September 19: The following committees were appointed:
Mr. [Charles] Pinckney, Mr. [Nathan] Dane, and Mr. [Edward] Carrington, on "Letter 19 Sept. 1786 Postmaster genl." on acceptance of specie only for postage. A report was rendered September 20, which was adopted with only minor changes and is there spread on the Journal. Ebenezer Hazard's letter is in No. 61, folio 379; the committee report is on folio 539.
Mr. [Nathan] Dane, Mr. [Edward] Carrington, and Mr. [Melancton] Smith, on a committee report for devising ways and means to discharge that part of the public debt consisting of Continental Loan Office certificates issued between September 1, 1777, and March 1, 1778. This committee was again renewed February 12, 1787. See ante, March 5, 1784.
Also the "Meml. Cha. Scott late brig. genl.," was referred to the Board of Treasury to report and a report rendered September 25. It was acted on October 3. Scott's memorial, praying for payment of money advanced to American prisoners in 1781, is in No. 41, IX, folio 419.
Also the "Meml. William Finnie", praying for settlement of his accounts as deputy quartermaster general in the Southern Department and payment of balance due, was referred to the Board of Treasury to report. Report was rendered September 25 and acted on October 5. Finnie's memorial is in No. 41, III, folio 350.
Also was referred to the Board of Treasury to take order "a report of a Comee. on petition of Jos. Cone viz. That when application shall be made to the Compt. or register as to the Comr. for settling the qr. Mr. and commissary's accots. or the Comr. for settling the hospital marine and cloathing departmt. Accots. and doubts arise touchg. the validity of the claim, the sd. Officers respectively receive and file the voucher, certificate, or other evidence produced receipting therefor and proceed as soon as may be to investigate the justice of the demand either by enquiring into the authority of the person issuing, or by calling on him to make return of the checks of certificates issued by him while in office, or such other modes as they judge most proper and where their researches prove ineffectual that they make representation thereof to Congress." Committee Book No. 190.
Also, according to indorsement, was read a letter from the Secretary for Foreign Affairs, dated September 19, transmitting a letter from John Adams, detect July 15. Jay's letter is in No. 80, III, folio 77; Adams' is in No. 84, VI, folio 339. It recounts the action of the British Lords of the Admiralty in the case of Captain Stanhope, of H. M. S. Mercury, in which the captain "had received a Severe Rap over the Knuckles." Adams' letter was read in Congress and "Referred to the Secy. for foreign Affairs to Communicate to the Executive of Massachusetts so much as relates to Capt. Stanhope and the eastern boundary." Committee Book No. 190 states that this reference of the business to the Secretary for Foreign Affairs was made on September 20.]
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