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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 --FRIDAY, OCTOBER 12, 1787.
Congress assembled present as yesterday.
1On a report2 of the board of treasury in consequence of the Act of 18 July
[Note 1: 1 From this point to the end of the proceeding on the disposition of the balance of the appropriation for the Barbary treaties the margin of the Journal is marked with dots. The proceeding was then entered by Benjamin Bankson and attested by Charles Thomson in the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, p. 413. It was also entered by Bankson in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, p. 1678.]
[Note 2: 2 See July 31, 1787.]
Resolved That the balance of the appropriation for the Barbary treaties of the 14 feby 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 direction of the Minister of the United States at the court of Versailles.
That the Acts of Congress of the 14 february 17853 and such part of the resolves of the 18th. July 1787 as directs provision to be made for the above object be and they are hereby repealed.
[Note 3: 3 Journals, vol. XXVIII, pp. 65--66.]
On a report4 of the board of treasury to whom was referred a letter5 from the honble Mr J Adams of the 24 feby last together with an Account6 of Mr Richd Harrison of Cadiz
[Note 4: 4 See October 9, 1787]
[Note 5: 5 See July 30, 1787.]
[Note 6: 6 See July 6, 1787.]
Resolved That the board of treasury take Order for reimbursing to Mr Richard Harrison merchant of Cadiz the sum of three hundred and thirty one dollars and one quarter of a dollar being the amount of his advances for the maintenance
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of the captain and Crew of the ship Betsy James Erwing commander whilst detained by the Moors and for provision for subsisting the crew on their passage to America.
On a report1 of the board of treasury to whom was referred a memorial2 of the Canadian refugees on lake Champlain praying for a continuance of the supply of public provisions
[Note 1: 1 See October 2, 1787.]
[Note 2: 2 See September 24, 1787.]
Resolved That such of the aged and infirm amongst the said Canadians as may not be able to provide for the subsistence of themselves and families be supplied for the space of twelve Months with rations at the public expence (excepting the articles of rum soap and candles) agreeably to such a return of persons coming under the above description as shall be made to the board of treasury by the secretary at war.
On motion3 of Mr [Rufus] King seconded by Mr H Lee
[Note 3: 3 This proceeding regarding the minister to France, was also entered by Thomson in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, p. 1674.]
Resolved that Congress proceed to the election of a minister plenipotentiary to reside at the Court of France and that his commission commence from the expiration of the present commission of the honble Thomas Jefferson and continue in force for the term of three years unless sooner revoked by Congress.
Congress accordingly proceeded to the Election and the ballots being taken
The honble Thomas Jefferson was elected.
Congress resumed the Consideration of the report4 of the Committee relative to Indian Affairs in the Northern department
[Note 4: 4 See August 9, 1787. See October 22, 1787.]
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And on Motion1 of Mr [Rufus] King seconded by Mr [John] Kean
[Note 1: 1 Papers of the Continental Congress, No. 36, p. 321, in the writing of Mr. Rufus King.]
Resolved2 That twenty thousand dollars be and hereby are appropriated for the purpose of holding Indian treaties whenever the same shall be hereafter judged necessary by a majority of the United States in Congress Assembled and that the resolutions for holding a general treaty with the Indians passed the fifth of the present Month be and they are hereby repealed.
[Note 2: 2 This resolve is entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, p. 16.]
[Report of committee on lands for military bounties3]
[Note 3: 3 Papers of the Continental Congress, No. 27, p. 347, in the writing of Mr. Edward Carrington. The report was read October 12 and passed October 22, 1787. See May 2, 1787.]
The Committee consisting of Mr. [Edward] Carrington Mr. [Rufus] King Mr. [Nathan] Dane, Mr. [James] Madison and Mr. [Joseph Platt] Cook to whom was referred a letter of the Secretary at War of the 26th. of April last, beg leave to submit to the Consideration of Congress the following resolution Viz,
That a Tract of land to be bounded bybe reserved and set a part for the purpose of satisfying the Military Bounties due to the late Army, and that no locations other than for the said Bounties be permitted within the said Tract, until they shall be fully gratified satisfied.
[Report of Secretary at War on case of J. Sullivan4]
[Note 4: 4 Papers of the Continental Congress, No. 151, pp. 299--302, read October 12, and passed October 13, 1787. See October 4 and 8, 1787.]
The Secretary of the United States for the department of War to whom was referred a part of the Report of the Secretary of Foreign Affairs on the case of John Sullivan,
Reports,
That whatever judgement a Court Martial might have passed on John Sullivan for his supposed conduct in Philadelphia in the month
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of June 1783, while he with the greater part of the Army were furloughed as a preparatory step to their being discharged, yet after the Army were actually disolved by the proclamation of Congress on the 18th. November 1783 without any exceptions being made it may be a questionable point, whether he or any other person could be legally tried by a court martial for crimes committed during the existence of the Army.
That were such an attempt to be made at this late period it might be considered as an unusual stretch of power, and injurious to the reputation of the United States.
That most probably it would be utterly impracticable at this time to procure substantial evidence to convict the said Sullivan before a court of judicature of his having instigated and directed the insult on the peace and dignity of the government of Pennsylvania by the mutiny which took place in the City of Philadelphia in the month of June 1783.
But as it is evident if credit can be given to the letter of said Sullivan that he will to the utmost of his power endevor to interrupt and injure the harmony subsisting between the United States and the Crown of Spain, it may be highly proper to direct the commanding Officer on the Ohio, that if the said Sullivan or other evil minded persons should come within the federal territory, and attempt to excite hostility against, or forcible inroads into the dominions of Spain, that he or they be seized and confined by the troops of the United States in order to be tried in such mode as shall on deliberation be found legal and expedient.
Agreably to this idea the following Resolve is submitted.
Whereas a certain John Sullivan [stiling himself "late capt 4 regiment American light dragoons"] has written an inflamatory and unwarrantable letter to the Encargado de Negocios of his Catholic Majesty bearing date the first of March 1787 tending to interrupt and injure the peace and mutual confidence which so happily subsist between the United States and his said Catholic Majesty therefore
Resolved That the Secretary at War direct the commanding officer of the troops of the United States on the Ohio, that if a certain [if the said] John Sullivan, or other evil minded persons, should come within the federal territory and there attempt to excite, or prosecute hostility against, or forcible inroads into, the he cause the said Sullivan, or such other persons, to be seized, and
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confined, in order that he, or they, may be legally tried, and punished according to the nature and degree of their [his] crimes.1
[Note 1: 1 The changes in this paragraph were made by Thomson to bring it into agreement with the adopted resolve.]
All which is humbly submitted to Congress
H Knox
War Office 11th October 1787
[Report of Secretary at War on memorial of T. Cushing 2]
[Note 2: 2 Papers of the Continental Congress, No. 151, pp. 303--308, read October 12, 1787. See February 11 and June 11, 1788.]
The Secretary of the United States for the department of war to whom was referred the memorial3 of Captain Thomas H Cushing
[Note 3: 3 See October 6 1787.]
Reports
That it appears from the muster rolls of the first Massachusetts regiment that Thomas Cushing was entitled on the 2d. of November 1780 to succeed to the rank of Captain lieutenant according to the then system of promotion which was regimental to the rank of captain inclusive.
That it appears from the representations of the said Thomas Cushing and the evidence of authentic papers that Colonel Vose the commanding officer of the regiment reported, on the 2d. day of November aforesaid to the Governor of Massachusetts the vacancies in his regiment and requested warrants accordingly but that two days afterwards to wit on the 4th. of said November he wrote the letter to the executive of which the enclosed is an authentic copy requesting for the reasons therein contained that the warrants might not be forwarded.
But notwithstanding the said second letter the warrants were transmitted and received by Colonel Vose on or about the 15 February 1781 agreeably to the first letter.
That Colonel Vose refused delivering the warrants as well to the said Thomas Cushing as to two other senior subalterns entitled to become Captains by the same vacancies which entitled the said Cushing to become a captain Lieutenant.
That the said senior subalterns and the said Cushing were arranged as subalterns in the new arrangement which took place on the 1st. of January 1781.
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That it is highly probable that the two senior subalterns were induced to acquiesce in the conduct of Colonel Vose in withholding their warrants because had they received them at the time they were entitled thereto they would have been liable to have been deranged as junior captains as the Massachusetts line was reduced from 16 to 10 regiments whereas by continuing senior lieutenants they would be retained in service.
But the same reasons did not operate with Mr. Cushing because although the semi-rank of Captain Lieutenant placed him above the lieutenants it did not prevent his serving in that grade.
That had he actually received the warrant at the time he was entitled thereto he would in the process of service to wit on the 12th. October 1782 have been entitled to a vacancy of a captaincy which was filled by a senior lieutenant in the line; the mode of promotion having been changed from being regimental to be lineal by the resolve1 of Congress of the 25th. May 1782.
[Note 1: 1 This refers apparently to the resolve of May 25, 1781. See Journals, vol. XX, pp. 539--541.]
On this statement your Secretary observes generally that the variety of terms on which the late army were originally engaged and the repeated alterations and changes in the systems of promotion involved the subject of rank in the greatest perplexity which consumed the time and attention of officers of high rank which otherwise might have been more beneficially employed besides being the cause of the resignations of a great number of valuable officers who supposed themselves injured by the decisions on their cases.
That on all complaints of injury in rank it was customary for the Commander in Chief to direct an enquiry into the circumstances and to be reported to him.
That it does not appear what measures were taken in the case of Mr. Cushing. Indeed his opportunities for redress were not great as on the second day after the warrants were received from Massachusetts Colonel Vose was ordered from West point to the southward and did not return until the latter end of 1781 or the beginning of 1782. And in May 1781 Mr. Cushing was taken prisoner and did not re-join the regiment until May 1783. Whether such circumstances then existed as to preclude enquiry or redress your secretary cannot determine.
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But it appears that soon after the peace Mr. Cushing brought an action in a court of law for damages against Colonel Vose for not delivering the warrant to him to which he was entitled on the 2d. of November 1780. It also appears by two references to officers of the late army in consequence of a rule of the Supreme court of Massachusetts that damages and costs were awarded to Mr. Cushing.
It appears that the said Thomas H Cushing is highly solicitous that Congress would direct that he receive the actual commission of Captain bearing date the 12th. of October 1782. But your secretary apprehends that this cannot be the case as the evidence of the appointment of the state to said rank is wanting, the only document whereon commissions can be founded.
If however Congress should judge that the said Thomas H Cushing's claim to the said vacancy of the 12th. of October 1782 is as well founded as if he had an actual appointment from the State and that notwithstanding said vacancy was filled by another that he ought to receive the rank and emoluments from that time they will please to resolve
That the secretary at war deliver to Thomas H Cushing a brevet commission of Captain to rank from the 12th. of October 1782 and to operate as the other brevet commissions in the late army operated and that the commissioner of army accounts allow the said Thomas H Cushing the difference of pay and emoluments between a captain and lieutenant from the said 12th. of October 1782 to the end of the war.
Or in case Congress should be of opinion that he ought to have the rank but not the emoluments the following resolve is submitted
That the secretary at War deliver to Thomas H Cushing a brevet commission of Captain to take rank the 12th. of October 1782, to have the same operation as the other brevet commissions given during the late war.
But if it should be the judgment of Congress that this matter ought to have been settled during the late war and that a decision of this nature cannot with propriety be made at this late period the following resolve is submitted
Resolved That the petition of Thomas H Cushing for rank and emoluments in the late army cannot be granted
H Knox
War Office, October 11th. 1787
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[Report of Postmaster General on route of Southern mail1]
[Note 1: 1 Papers of the Continental Congress, No. 61, pp. 403--405, read October 12 and acted on October 15, 1787. 2 See October 10, 1787.]
General Post Office Octr. 11th. 1787.
Sir: Having been honored by a Reference of the enclosed Motion,2 I beg leave to Report;
[Note 2: 2 See October 10, 1787.]
That as the route therein proposed has not been the Post's Route, it has not been visited either by myself or my Assistant, for which Reason I have not a sufficient Acquaintance with it to enable me to form a proper Judgment respecting it.
That, from consulting a Map of the Country, and Information received otherwise, the proposed Route appears to be shorter than the present, and that some large Ferries would be avoided by adopting it, which are Advantages worthy of Attention;
That, on the other hand, Disadvantages present themselves. Should the proposed Route be adopted, the Sea Ports, which are important on Account of their Connection with foreign Countries, as well as with the several Parts of the Union, would be deprived of an Advantage they have always hitherto enjoyed, and the Union itself might suffer by closing these Avenues through which Information from foreign Parts might pass; this Measure would also, beyond a doubt, excite Discontents and Clamors throughout the whole Extent of Sea Coast, from Virginia to Georgia. Should Cross Posts be proposed to prevent these Inconveniencies, new Difficulties arise from the Expence attending their Establishment, which must be great; the following will be necessary; vizt.
This Expence, which cannot now be calculated for want of necessary Data, added to that of the whole Line from Petersburg to Augusta, I apprehend, will considerably exceed what is paid at present for the Carriage of the Mail from Petersburg to Savannah; and should the
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Population of the Country not be equal, the Income will be proportionably less.
That, as Trade is the principal, and almost only, Support of the Post Office Department, and the important trading Towns lie generally on the Sea Coast, it is to be feared that the proposed Alteration would materially injure the Revenue, and thus, while it encreased Expences, would deprive of the means of paying them.
That, as no hint of an Alteration of the Post Road has been publicly given, and the Route from Suffolk to Savannah has been particularly mentioned, in the Advertisement from this Office, pursuant to a former Act of Congress; the Proposals will undoubtedly be for Contracts upon that Route; and there is not sufficient Time remaining between this and the last Day of December, to advertise for, and receive Proposals for Contracts, to establish Post Offices, and make the other Arrangements which an Alteration of the Road will render necessary.
Upon the whole, Sir, I beg leave to give it as my Opinion that it will not be adviseable to make the proposed Alteration in the Post Road, before particular Information can be obtained respecting the various Circumstances necessary to be attended to; the coming Year will furnish sufficient Opportunity for collecting it; and, should the Measure then be deemed expedient, the Alteration may be made, free from present Embarrassments, at least from such as unavoidably arise from the advanced Period of the present Contract.
It is evidently proper to vest in the Postmaster General the discretionary Power mentioned in the concluding Paragraph of the Motion, and I think a considerable Saving might be made if he possessed it throughout the whole Extent of the Post Road. At present he is obliged to contract with the Proprietors of the Stages, if it is practicable, without attending to any other Circumstance; it was so last Year; and the Proprietors made their Advantage of it; for, knowing the Restrictions he was under, some of them demanded, and he was obliged to allow them a larger Sum for carrying the Mail for this Year than was allowed for the last. I have Information upon which Dependance can be placed, that the Demands are now to be still more encreased, and a Reference to the Act of Congress of the 26th. July last will convince your Excellency that I am under the same Restrictions as before. It is unnecessary to enlarge here, as the Files of Congress already contain a full Discussion of this Subject; I shall therefore take the Liberty of respectfully submitting the above
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Remarks, and of assuring your Excellency that I have the Honor to be, etc.,
Eben Hazard
[Report of Secretary for Foreign Affairs on loan contract1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, p. 23, read October 12, 1787. The report is endorsed "This business done the 11th."]
Office for Foreign Affairs
12th. October 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter of the 16th. June, 1787 with the Contract therein mentioned,
Reports
That this Contract appears to him to have been made under such Circumstances as to render it expedient to ratify it, and therefore in his Opinion it would be proper for Congress to ratify it in the usual Form.
All which submitted to the Wisdom of Congress.
John Jay.2
[Note 2: 2 October 12, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 172, the following committee was appointed:
Mr. Rufus King, Mr. William Grayson and Mr. John Kean on a letter of Richard Randolph, August 25, 1785, requesting pay for flour captured by the enemy in 1776. This was a renewal of a committee of October 3, 1785. See Journals, vol. XXIX, p. 805 n.
Also according to the Committee Book, Papers of the Continental Congress, No. 190, pp. 163 and 171, and the Reports of Committees, Papers of the Continental Congress, No. 189, p. 26, the committee of July 31 and October 3, 1787, on memorial of Mrs. Hannah Douglas and half pay of officers reported.]
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