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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, JULY 31, 1787.
Congress assembled. Present Massachusetts New York New Jersey Pensylvania Delaware Virginia North Carolina South Carolina and Georgia and from Rhode island Mr [James Mitchel] Varnum.
On a report1 of the board of treasury to whom was referred a memorial of Donald Campbell with directions to report fully on his Accounts and to settle what is equitably due to him,
[Note 1: 1 See July 30, 1787]
Resolved,2 That there be allowed to Donald Campbell late a Deputy Quarter Master General in the service of the United States the sum of four thousand two hundred and sixty dollars, being the amount of the pay due to him at the rate of forty dollars per Month, from the 17th. of July 1775 to the 2d of June 1784 being the period when the whole Army of the United States was disbanded; As also the farther sum of four hundred and forty dollars 49/90ths on account of Arrearages of rations of provisions and forage due to him from the 1st January 1776 to the 13th. February 1777 at which period he ceased to be in actual service.
[Note 2: 2 At this point Roger Alden takes up the entry.]
Resolved, That the above sums bear Interest at the expiration of each Year as they respectively became due; and the same be in full of all claims of the said Donald Campbell against the United States.
Resolved, That the Memorial of Donald Campbell praying that his accounts as Deputy Quarter Master General (which were finally adjusted on the 24th. November 1781) might be
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revised, and that the principal and Interest of the certificate by him received for the balance should be discharged cannot be complied with.
On a report1 of the Secretary at War,
[Note 1: 1 See July 30, 1787.]
Resolved, That the Secretary at War transmit to Lieutenant Colonel Commandant Harmar a brevet commission of brigadier general, and that he be allowed the emoluments, but not the pay of the said rank, the allowance to commence with and continue during his command on the frontiers.
[Report of committee on pay of federal judges2]
[Note 2: 2 Papers of the Continental Congress, No. 19, III, p. 39, in the writing of Nathan Dane. This report was apparently read July 31, 1787. See July 30, 1787 and February 12 and March 5, 1788.]
The Committee consisting of [Mr. Nathan Dane, Mr. Abraham Clark and Mr. William Irvine] to whom was referred the letters of the Honorable Mr. Hanson and Mr. Goldsborough Judges of the Federal Court instituted by the Act3 of Congress passed Sept. 13, 1786, for hearing and determining a territorial dispute between the States of South Carolina and Georgia, Stating that they have attended several days in pursuance of their appointment and requesting that provision may be made for compensating their services,
[Note 3: 3 Journals, vol. XXXI, pp. 650--652.]
Report that it appears by the Journals of Congress that it has been the practice in like Cases for the contending States to fix the allowance and pay the Judges and as this in the Opinion of the Committee is reasonable and proper therefore they submit the following resolution
Resolved that it be recommended to the States of South Carolina and Georgia to make adequate allowance to Mr. Hanson and Mr. Goldsborough for their services aforesaid.
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[Report of Secretary of Congress on letter of Governor of Virginia1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress; No. 180, p. 60. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 163, the letter and accompanying documents were referred to a committee consisting of Mr. James Mitchel Varnum, Mr. Abraham Clark and Mr. Nathan Dane. Report rendered August 2. See July 28, 1787.]
Office Of Secy Of Congress
July 30, 1787
On the letter of 24 Jany last from his Excy the governor of Virginia stating that "in the course of last summer the inhabitants of Kentucky were compelled for their own preservation to commence expeditions against the Indians on both sides of the Ohio, that these have been recognised by the State of Virginia" and submiting to Congress "the propriety of Virginia taking credit for the expenditures against the United States and consigning to the direction of Congress the prisoners made by the troops,"
The Secy of Congress reports
That the letter of 24 Jany from his Exy the Govr of Virga. with the papers accompanying be referred to a Committee.
[Report of Board of Treasury on money to redeem captives2]
[Note 2: 2 Papers of the Continental Congress, No. 59, II, pp. 315--318, read July 31, and passed October 12, 1787.]
The Commissioners of the Board of Treasury beg leave to represent to Congress
That in consequence of the Letter of the Honorable Mr. Adams of the 8th. of May last, relative to the Drafts made on him by Mr. Thomas Barclay, on account of the Morocco Treaty, they have judged it proper to ascertain (as nearly as the Documents in their Office will admit of it) what Sums have been expended on the negotiation for the Barbary Treaties, in pursuance of the Act of Congress of the 14h. February 1785, by which Eighty thousand Dollars were appropriated out of the Funds in Europe, and made subject to the orders of the Foreign Ministers for that object, and find
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making in the whole the Sum of Thirty nine thousand, two hundred and thirty one Dollars, 67/90ths. for which as yet no Vouchers of Expenditure have been exhibited. Of course the Balance of the Sum remaining from the appropriation above mentioned, is Forty thousand seven hundred and sixty nine Dollars, 23/90ths.
The Morrocco Treaty being completed, at an expence (as Mr Adams says) far beyond what was expected, and Mr. Lambs expenditures having produced nothing, the Board beg leave to submit to the consideration of Congress, how far it may be advisable to continue this appropriation; particularly as by the Act of Congress of the 18h. Instant, the Board are directed to remit or borrow Money for the purpose of redeeming the American Captives at Algiers.
What the Sum necessary for this object will be, it is not easy to ascertain; but from a communication from the Office of Foreign Affairs, transmitted to this Board on the 24h. February last, it appears that on the 15h. April 1786, they were Twenty one American Captives at Algiers; amongst which were two Captains.
From the above data, the following estimate may be made.
Hence it appears that the Sum necessary for redeeming the American Captives at Algiers (supposing their numbers not encreased since the 15h April 1786) would be Fifty thousand five hundred Dollars. But as it is to be presumed, that this expence will be lessened through the means which Mr. Jefferson may persue in this Negotiation, the Balance of the former appropriation being 40,769, 23/90ths. Dollars, will probably be adequate to the object.
Under the above circumstances the Board submit to the consideration of Congress, the following Resolves, viz
That the Balance of the appropriation for the Barbary Treaties of the 14h. February 1785, not hitherto applied to that object be, and it is hereby Constituted a Fund, for redeeming the American Captives [now] at Algiers; and that the same be for this purpose subject to the
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direction of the Minister of the United States at the Court of Versailles.
That the Acts1 of Congress of the 14h. February 1785, and such part of the Resolves of the 18h. July 1787, as directs provision to be made for the above object, be, and they are hereby Repealed.
[Note 1: 1 Journals, vol. XXVIII, p. 65.]
That the Honble John Adams be directed to call upon Mr. Thomas Barclay, and Mr John Lamb for the Accounts and Vouchers of their respective Disbursements, in pursuance of the Resolves of Congress of the 14h. of February 1785; and to hold the same subject to the orders of the Board of Treasury.2
[Note 2: 2 This paragraph was crossed off by Thomson.]
All which is humbly Submitted
Samuel Osgood
Arthur Lee
July 30th. 1787.
[Report of Board of Treasury on memorial of J. Cochran3]
[Note 3: 3 Papers of the Continental Congress, No. 138, I, pp. 251--252, read July 31, 1787. According to indorsement it was negatived October 2, 1787. See July 18 and 20, 1787.]
The Board of Treasury to whom was referred the Memorial of John Cochran, Commissioner of the Loan Office for the State of New York of the 18h. Instant,
Beg leave to Report
That the Memorialist states, that from the large Sums of Interest, which have been Certified in the States of Massachusetts, New York, and Pennsylvania, when compared with the other States in the Union, the Transactions of his Office require necessarily so much Clerkship that it is not practicable to execute the same without loss, if no other allowance but that of his Salary is made to him, agreeably to the Act of Congress of the 23d. March last, and without any compensation for Clerks, Firewood, or Candles.
From an Examination of the Returns of the several Loan Officers, it appears that a very great proportion of the business of that Department, has been transacted in the States specified by the Memorialist; and that the necessary Clerkship attending the issue of Indents, on the numerous evidences of the Public Debt, so as to prevent and detect frauds, is much more laborious than can be conceived by those who are
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not acquainted with its detail. And therefore that it appears reasonable, that some distinction should be made with respect to the Commissioners so circumstanced, and those who are not.
Under the above circumstances, the Board submit to the consideration of Congress the following Resolve,
That in such States where the transactions of the Commissioners of the Loan Office, shall in the judgment of the Board of Treasury render it necessary, there be allowed one Clerk at a Salary not exceeding Four hundred Dollars per Annum; and the further Sum of One hundred Dollars per Annum, in full of all Charges for Office Rent, Candles, and Firewood.
All which is humbly Submitted
Samuel Osgood
Arthur Lee
July 31st. 1787.
[Report of Secretary for Foreign Affairs on Mr. Adams' letter of January 27, 17871]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 135--136, read July 31, 1787. According to Reports of Committees, Papers of the Continental Congress, No. 189, p. 25, this report was filed. See July 30, 1787.]
Office for foreign Affairs
31st. July 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a letter2 of 27th. January last from the Honorable Mr. Adams with the Papers referred to in it,
[Note 2: 2 See May 3, 1787.]
Reports,
That this Letter calls the Attention of Congress to two Objects, the first of which is the Case of 16 Chinese Seamen, who were then in London in a distressed Condition, and who said they had come from India in the Hyder or Hydrea, Capt Clarke, belonging to the United States, to Ostend, where he discharged them. The second is "a Practice then beginning to be talked of, if not practiced, for british Merchants to metamorphose a british into an american Bottom, to trade to the East Indies."
Whether it be right or wrong for an american Vessel to discharge foreign Seamen at this or that Port, must at present depend on the Agreement made with them when shipped; so that without a Knowledge
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of the Agreement in the present Case, the Propriety of discharging these Chinese Seamen at Ostend cannot be decided, especially as no Complaint appears to have been made by them of their having been irregularly discharged. In the Opinion therefore of your Secretary Congress cannot take any particular Notice of this Case.
As to the fraudulent Practice mentioned in the second Case, it seems doubtful whether it does really exist, or whether it is only talked of; and therefore in his Opinion the particular attention of Congress is not due to it.
It is however most certain, that the Trade of the United States to Asia, as well as to other parts of the World, should be subject to certain general Regulations; but at present, Congress cannot ordain such Regulations and cause them to be observed, nor while lawful Requisitions remain neglected, is there much Reason to expect that Recommendations would prove useful or proper.
They who trade to distant Nations may often find it convenient to employ Seamen of the Country, who should be encouraged to ship themselves by settled and proper Regulations, to facilitate their speedy and easy Return to their own Country, but as it is not in the Power of Congress to take effectual Measures for these and similar Purposes, he thinks it best that they should not take any.
All which is submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 July 31, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 163, the following committees were appointed:
Mr. Nathan Dane, Mr. Benjamin Hawkins, Mr. John Kean, Mr. William Irvine and Mr. Edward Carrington on the report of the Secretary at War, July 20, 1787, on a message from the Indians of December 18, 1786. Papers of the Continental Congress, No. 27, p. 346--347. A marginal note by Thomson on this broadside, states the first resolve of the report was agreed to July 31, 1787 in the following form: "That a general treaty be held with the tribes of Indians within the limits of the United States, inhabiting the country northward of the Ohio, and about Lake Erie." Report rendered August 9. See July 18, 21 and 25, 1787.
Mr. Edward Carrington, Mr. Abraham Clark and Mr. Nathan Dane, on motion of Mr. Dane respecting half pay. Report rendered October 12, 1787.
According to indorsement was read a report of the committee of July 21, 1787, on a report of the Secretary at War and other papers relating to Southern Indian affairs. Papers of the Continental Congress, No. 27, pp. 335--340. There is also a broadside of the report in Papers of the Continental Congress, No. 56, pp. 445--446. It was made order of the day for Friday, August 3 and on that day debated where the report is entered verbatim in the Journal. See July 18, 1787.]
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