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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 --1FRIDAY, JULY 18, 1788.
Congress assembled present as yesday.
[Note 1: 1 Charles Thomson resumes the entry.]
On the report2 of a comee . consisting of Mr [Nathan] Dane Mr [Thomas Tudor] Tucker and Mr [Samuel Allyne] Otis to whom was referred a letter3 from Samuel Nicholson
[Note 2: 2 See July 17, 1788.]
[Note 3: 3 See July 16, 1788.]
Resolved That in consideration of the trouble and expence incurred by captain Samuel Nicholson in collecting evidence of the capture and disposition of the prizes taken in Europe in the year 1777 by the continental armed vessels Reprisal, Lexington and Dolphin and in settling the accounts respecting the same a commission of two and a half per centum be allowed him on the captors proportion of the said prizes and deducted therefrom before division and that the Commissioner of accounts for the marine department settle with him accordingly.
When the foreging Act was under debate a motion was made by Mr [Joshua] Seney seconded by Mr [Edward] Carrington to strike out the latter clause viz "And that the Commissioner etc. to the end and in lieu thereof to insert
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"That the share of prizes captured by the ship Reprisal, capt Weeks Brig Lexington Capt Johnson and Sloop Dolphin capt Nicholson and delivered into the hands of the continental agent at Nantz for the use of the United States by instructions from the secret committee of Congress be paid to the captors respectively in specie according to the ascertained value of the said prizes." And on the question to agree to this amendment the yeas and nays being required by Mr [Hugh] Williamson
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So it passed in the negative.
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[Motion of Mr. Williamson respecting land surveys1]
[Note 1: 1 Papers of the Continental Congress, No. 26, p. 681, in the writing of Mr. Hugh Williamson. The motion and the order upon it were entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, pp. 54--55. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 200, the motion was referred to the Board of Treasury and the Geographer to take order.]
That the Geographer be directed immediately to take Measures for having the Tract of Land surveyed that is included in the Contract of Messrs Cutler and Serjeant and that the Board of Treasury make the necessary advances to enable him to discharge this Duty.
[Motion of Mr. Edwards regarding books and papers.2]
[Note 2: 2 Papers of the Continental Congress, No. 26, p. 679, in the writing of Mr. Nathan Dane (?). According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 199, the motion was referred to the Board of Treasury to take order. See July 9, 1788.]
Resolved That the Minister of the United States at the Court of France be requested directed to transmit by such conveyance as he may judge most safe and convenient, to the Treasury Board, all the Books and Papers which belong to the late office of the Commissioner for Foreign Accounts.
[Report of committee on salary of Secretary at War3]
[Note 3: 3 Papers of the Continental Congress, No. 27, pp. 351--353, in the writing of Mr. John Eager Howard. Read July 18, 1788. See July 14, 22 and 25, 1788.]
The Committee [consisting of Mr. John Eager Howard, Mr. William Few, Mr. Jonathan Dayton, Mr. Nicholas Gilman, and Mr. Edward Carrington] appointed to enquire into the proceedings of the War department, to whom was referred the motion of Mr [Pierpont] Edwards, beg leave to report,
That the duties of the Secretary at War have been greatly encreased by the general superintendance of Indian affairs, and the Quarter Masters' department being committed to his care since the establishment of his office. That in the opinion of your Committee his present salary is inadequate to the duties which are required of him. Your Committee therefore beg leave to submit the following resolve.
Resolved, that the Secretary for the department of War be allowed, in addition to his salary, at the rate of three hundred and fifty dollars per annum for his services in the superintendance of Indian affairs
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from the seventh day of August 1786; and also the further sum of two hundred dollars per annum for his services in the Quarter Master General's department, to be computed from the date of the abolition of the said department.
[Report of Board of Treasury on memorial of S. Townsend1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 451--453, read July 18, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 575. See June 12, 1788.]
The Board of Treasury to whom was referred the Memorial of Samuel Townshend late an Assistant Commissary of Purchases
Beg leave to Report to Congress
That on an investigation of the facts set forth in the said Memorial, they find the same justly stated, so far as it relates to the transaction with Mr . Philip Leake.
That, however, in stating the Amount due to Mr Leake, there appears an error in twice charging the sum of Nine pounds five shillings paid for costs of Suit; the actual sum due to Mr . Leake on the 31st . day of August 1782, being £ 84..1..4 NY.Cury for which he on that day received the Bond of the Memorialist.
That on the 18th of July 1785, when this Bond appears to have been paid by Virtue of an Execution obtained against the Memorialist, it amounted to £ 100..18..5 N.Yk. Curry which sum, together with the Interest accruing thereon from the date last mentioned, is the whole which the Memorialist has a right to Claim of the United States.
Whereupon the Board submit to the consi[der]ation of Congress the following Resolve:
That there be past to the Credit of Samuel Townshend in the Books of the Treasury the sum of Two hundred and fifty two Dollars and 27/90ths. being the amount of sundry supplies by him procured for the United States whilst acting as an Assistt . Commissary, including costs of suit attend a prosecution for the recovery of the same; and that a Certificate issue for the amount bearing Interest from the 18th . of July 1785.
All of which is humbly submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
July 18th . 1788.
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[Report of Board of Treasury on memorial of Joseph Hubley1]
[Note 1: 1 Papers of the Continental Congress, No. 19, III, pp. 213--217, read July 18 and passed July 22, 1788.]
The Board of Treasury to whom was referred the Memorial2 of Joseph Hubley of the County of Lancaster,
[Note 2: 2 Papers of the Continental Congress, No. 41, IV, pp. 350--351. Dated June 29 and read July 12, 1786. Supporting documents are on pp. 354 and 356. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 109, the memorial was referred on July 13, 1786, to the Board of Treasury to report. Report rendered July 18, 1788. The documents accompanying the report were returned to the memorialist September 27, 1788.]
Beg leave to Report
That it appears by a Certificate of William Augustus Atlee Depy Commissary Genl . of Prisoners at Lancaster, in the State of Pennsylvania, that the said Joseph Hubley was, on the 18th of May 1781 appointed his Assistant to take charge of the Prisoners at Lancaster, in consequence of instructions given to the said William Atlee by Abraham Skinner at that time Commissary General of Prisoners.
That it appears by Mr Skinner's letters to Mr Atlee of the 5th . May, and 20th . August 1781 (accompanying this Memorial), that he conceived the necessity of the case would justify the appointment of Mr Hubley; that he had communicated it to a Committee of Congress, having then under consideration the Department of the Commissary General of Prisoners; and that they approved of the same.
That the Memorialist sets forth; that having exhibited his accounts for settlement to the proper Officers of the Treasury, the examining Clerk, and Auditor had reported: "That though it appeared that he had done the duty of an Assistt . Depy . Commissary of Prisoners at Lancaster, yet that his pay for the same would not be admitted; the same not being warranted by any Resolve of Congress".
On examining the circumstances stated in the Memorial, the Board do not find by the Journals of Congress, any Resolve authorising or confirming the Appointment of the Memorialist; although the existence of Assistt . Depy . Commissary's of Prisoners at the Posts of Lancaster, York and Reading, appear to have been known to Congress, by their Resolve3 of the 3rd . of July 1782; in which such Officers axe specially mentioned, and made amenable to a Court Martial.
[Note 3: 3 Journals, vol. XXII, p. 372.]
This circumstance confirms the assertion made by Mr Skinner, that the appointment of Mr Hubley, was known to a committee of congress;
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and for this reason, and because he appears in fact to have discharged the duties of that Office, The Board are of opinion, that an equitable compensation should be made to him.
From the duties incident to the Department in which Mr . Hubley acted; the Pay and Rations of a Captain in the Army of the United States, with forage for one home, (being what the Memorialist has asked) does not in their opinion appear unreasonable, they submit therefore, for the relief of the Memorialist, the following Resolve Vizt .
That in the settlement of the account of Joseph Hubley, acting during the War as an Assistt . Depy . Commissary of Prisoners at the Post of Lancaster, he be allowed during the time of such service the Pay and Rations of a Captain in the Army; with the usual allowance of Forage-Money for one horse.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
July 17th ., 1788.
[Report of Secretary at War on letter of Col. J. Martin1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 351--356, read July 18, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 199, the report was referred to a Committee consisting of Mr. Nathan Dane, Mr. James Madison, Mr. Abraham Clark, Mr. William Irvine and Mr. Egbert Benson, which reported July 30, 1788. See September 1, 1788.]
The Secretary at War to whom was referred a letter2 from Colonel J Martin dated June 15, 1788 respecting the Cherokee indians
[Note 2: 2 See July 8 and 9, 1788.]
Reports
That it appears by former evidence submitted to Congress as well as by the letter of the 15th of June last from colonel J Martin that the white inhabitants on the frontiers of North Carolina in the vicinity of Chota on the Tenessee river, have frequently committed the most unprovoked and direct outrages against the Cherokee indians.
That this unworthy conduct is an open violation of the treaty of peace made by the United States with the said indians at Hopewell on the Keowee the 30th . of November 1785.
That the said enormities have arisen at length to such an height as to amount to an actual although informal war of the said white inhabitants against the said Cherokees.
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That the unjustifiable conduct of the said inhabitants has most probably been dictated by the avaricious desire of obtaining the fertile lands possessed by the said indians of which and particularly of their ancient town of Chota they are exceedingly tenacious.
That your Secretary is aware of the entanglements of this business by the opinions which have been entertained by some of the former legislatures of North Carolina. But he apprehends that the subject is so changed by the violent claims of the people within the district styled the state of Franklin that the state of North Carolina would not be disposed to object to any equitable interference of Congress to fulfill the said treaty so far as to oblige all persons to remove from the limits assigned by the treaty who have not fairly purchased the lands of the indians.
That waving the consideration of any obstructions on the part of North Carolina your secretary humbly conceives that by an upright and honorable construction of the treaty of Hopewell the United States have pledged themselves for the protection of the said indians within the boundaries described by the said treaty and that the principles of good Faith sound policy and every respect which a nation, owes to its own reputation and dignity require if the union possess sufficient power that it be exerted to enforce a due observance of the said treaty.
That in order to vindicate the sovereignty of the Union from reproach, your secretary is of opinion, that, the sentiments, and decision, of Congress should be fully expressed to the said white inhabitants, who have so flagitiously stained the American name.
That the agent of indian affairs should disperse among the said people a proclamation to be issued by Congress on the subject. That the said proclamation should recite such parts of said treaty as are obligatory on the Union and a declaration of the firm determination of Congress to enforce the same. That all persons who have settled on any of the said lands unless the same shall have been fairly purchased of the said indians shall be warned at their peril to depart previously to a day to be affixed.
That in order to carry efficiently into effect the determinations of Congress the commanding officer of the troops on the Ohio should be directed to make himself acquainted of the best routes by which a body of three hundred men could be transported most easily and expeditiously to Chota on the Tenessee river, and report the same to the secretary at war.
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That in case the Proclamation of Congress should be attended with no effect that the said commanding officer should be directed to move as early in the spring of the next year as the season should admit with a body of three hundred troops to Chota and there to act according to the special instructions he shall receive from the Secretary at War.
That a particular statement of the whole business be made to the Executive of North Carolina and to request a concurrence with the arrangement.
Your Secretary begs leave to observe that he is utterly at a loss to devise any other mode of correcting effectually the evils specified than the one herein proposed. That he conceives it of the highest importance to the peace of the frontiers that all the indian tribes should rely with security on the treaties they have made or shall make with the United States. That unless this shall be the case the powerful tribes of the Creeks Choctaws and Chickesaws will be able to keep the frontiers of the southern states constantly embroiled with hostilities, and that all the other tribes will have good grounds not only according to their own opinions but according to the impartial judgements of the civilized part of the human race for waging perpetual war against the citizens of the United States.
All which is humbly submitted to Congress.
H Knox
War Office July 18, 1788.
[Letter of Secretary at War on Indian affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 150, III, p. 489, read July 18, 1788. The enclosed papers are on pp. 493--507.]
War-Office, 18th July 1788.
Sir: I have the honor to transmit to your Excellency, the copy of a letter from the Governor of the Western territory, dated at Fort Pitt the 5th of July 1788, together with some information from Messr . Rankin and Wilson.
Conceiving it of great importance that the Governor should have, as early as possible, the Act of Congress of July 2nd . 1788, I forwarded it to him by express, and most probably he is at this time in possession of it.
I have also enclosed the copy of a letter to Colonel Joseph Martin, informing him of his appointment as Indian Agent to the Cherokees, which he has most probably received, as His Excellency the Governor
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of Virginia, to whom it was enclosed, has informed me in a letter of the 3rd . instant, that the packet to Colonel Martin had been received, and forwarded by a safe, and direct opportunity.
I have the honor to be, etc.,
H Knox1
[Note 1: 1 July 18, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 200, the following committee was appointed:
Mr. William Few, Mr. Abraham Clark and Mr. Jeremiah Wadsworth on the report of the Board of Treasury on the memorial of Robert Walton. See May 30 and July 16, 1788. The report of the committee was rendered July 25 and acted on July 28, 1788.]
His Excellency
The President of Congress.
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