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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 --THURSDAY, AUGUST 14, 1788.
Congress assembled, present New hampshire Massachusetts Connecticut New York New Jersey Pensylvania, Delaware Maryland, Virginia, North Carolina South Carolina and Georgia.
A letter1 of 13 Aug. from Mr W[alter] Livingston one of the Commissioners of the board of treasury was read requesting leave of absence from the 18 instant to the last of next month, whereupon
[Note 1: 1 Papers of the Continental Congress, No. 78, XIV, p. 743, read August 14, 1788.]
Ordered That leave be granted to him accordingly.
[Report of committee on Indian affairs in the southern department2]
[Note 2: 2 Papers of the Continental Congress, No. 30, pp. 341--342, in the writing of Mr. Thomas Tudor Tucker. Passed August 14, 1788. See August 4, 1788.]
The Comme consisting of Mr [Thomas Tudor] Tucker, Mr [Jonathan] Dayton, and Mr [Hugh] Williamson to whom was refered a Letter from the War Office with papers from the Superintendant of Indian Affairs for the southern Department relating to the proposed Treaty with the Creek [southern] Indians, report
That it appears from an Estimate made by the Superintendant and the State Commissioners of South Carolina and Georgia, that at the lowest [a moderate] Computation about 10,000 Dollars will be necessary to the Accomplishment of the Treaty. This Estimate has the Sanction of the Opinion of the Governor of South Carolina so far as he considers himself to be an adequate Judge of the several Articles. As this Business is of very high Importance and admits of no Delay, the Committee are of Opinion that the Estimate ought to be allow'd, as there is no reason to doubt the good Intentions and adequate
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Information of the Officers who made it, and more especially as no other Source of Information can at present be found in which Congress may safely confide. The Committee farther observe that it appears from the papers committed to them that the States of South Carolina and Georgia had furnish'd their Quotas of the 6000 Dollars granted for this Business by a Resolution of Congress of the 26th . October 1787;but they do not find that the State of North Carolina has yet furnish'd or taken measures towards furnishing her Quota of the said Sum; nor do they understand discover that she has appointed or means to appoint a Commissioner to cooperate in the Business. Your [but they are inform'd that Official Information had not been receiv'd by the Legislature of North Carolina during their last Session concerning the recited said Resolution of Congress, whence they presume it is that North Carolina has neither appointed a Commissioner nor taken measures towards furnishing her Quota of the said Sum;] The Committee having consider'd the Subject are induced to recommend the following Resolutions.1
On the report of a committee consisting of Mr [Thomas Tudor] Tucker Mr [Jonathan] Dayton and Mr [Hugh] Williamson to whom was referred a letter from the War Office with papers from the Superintendant of Indian Affairs for the Southern department relating to a proposed treaty with the Southern Indians
Resolved That a further sum of four thousand dollars or so much thereof as may be found absolutely necessary be allowed in addition to the six thousand dollars granted by a resolution of Congress of the 26 of Oct 1787 for defraying the expence of the treaty intended to be made with the southern Indians, and that the states of North Carolina, South Carolina and Georgia be required to furnish the same in equal sums, to be credited on their respective quotas of specie requisitions of Congress. That it be earnestly recommended to the state of North Carolina to furnish without delay her quota of the six thousand dollars before granted as well as
[Note 1: 1 The resolutions which follow at this point were entered in the Journal verbatim. See below.]
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of the four thousand dollars granted by this resolution, that no misfortune may happen from the want of sufficient funds to bring the treaty to a happy issue. And that it be also recommended to the said state or to the executive thereof to appoint a commissioner if possible in time to assist at the said treaty.
Resolved That if any of the states shall furnish more than its quota of either of the before mentioned sums, such state or states shall have credit for the whole sum furnished in like manner as expressed in the preceding resolution.
[Report of committee on memorial of U. Hay1]
[Note 1: 1 Papers of the Continental Congress, No. 19, III, p. 141, in the writing of Mr.Edward Carrington. Read August; 14, 1788. See August 1 and 15, 1788.]
The Committee consisting of [Mr. Egbert Benson, Mr. Edward Carrington and Mr. Joshua Seney] to whom was referred the Memorial of Udney Hay report as follows
Ordered That the Comr . of Army Accounts, in adjusting the claims of retiring Officers for I years pay in pursuance of the resolution2 of the 24th . of Nov. 1778 do consider the same as Specie, and liable to no reduction whatever and that as liable to no reduction by the scale of depretiation and as bearing Interest from the date of the said Resolution; and that all such claims which have heretofore been settled on other principles be reauditted, provided that application be made therefor within twelve months from the date hereof, and that this order be published in the Gazettes of the several States.
[Note 2: 2 Journals, vol. XII, pp. 1156--1157.]
[Report of committee on the department of Foreign Affairs3]
[Note 3: 3 Papers of the Continental Congress, No. 25, II, p. 495--498, in the writing of Henry Remsen, jr., with the last paragraph by Benjamin Bankson. Read August 14, 1788. See July 7, 1788.]
The Committee [consisting of Mr. Samuel Allyne Otis, Mr. Ezra L'Hommedieu, Mr. James R. Reid, Mr. Thomas Tudor Tucker and Mr. John Brown] appointed to enquire fully into the Proceedings of the Department of Foreign Affairs Report.
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That two Rooms are occupied by this Department, one of which the Secretary reserves for himself and the Reception of such Persons as may have Business with him, and the other for his Deputy and Clerks.
That the Records and Papers belonging to the Department are kept in a proper Manner, and so arranged as that Recourse may be had to any of them without Delay or Difficulty.
That they find his Method of doing Business is as follows: the daily Transactions are entered in a minute Book as they occur, and from thence are neatly copied into a Journal at Seasons of Leisure. This Journal contains a Note of the Dates, Receipt and contents of all Letters received and written by him, with References to the Books in which they are recorded, of all Matters referred to him, and the Time when, and of his Reports thereupon; and in general of all the Transactions in the Department. It is very minute and at present occupies 2 Folio Vols .
His official Letters to the Ministers and Servants of Congress and others abroad, are recorded in a Book entitled Book of foreign Letters, and such Parts as required Secrecy are in Cyphers.
His official Correspondence with foreign Ministers here, and with the Officers of Congress and others in the United States, including the Letters received and written by him, are recorded at large in a Book entitled American Letter book. They already fill 3 folio Vols .
His Reports to Congress are recorded in a Book entitled Book of Reports, the 3 Vol. of which is now in Hand. The Papers on which the Reports are made are subjoined to the Report, unless in Cases where according to the ordinary Course of the Office, they are recorded in other Books.
His Correspondence and the Proceedings with the Encargado de Negocios of Spain, are recorded in a Book kept for that Purpose.
The Passports for Vessels issued by the Secretary under the Act of Congress of 12th . February 1788, together with the Evidence accompanying the several Applications, are recorded in a Book kept for that Purpose.
The Letters of Credence and Commissions of foreign Ministers, Chargé des Affaires and Consuls to the United States, are recorded in a Book entitled Book of foreign Commissions.
There is also a Book kept and regularly sent to the Secretary of Congress, to receive such Acts of Congress as respect the Department.
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A Book of Accounts is kept in which are entered the contingent Expences of the Office.
The Business of the Office is done by his Deputy and two Clerks, and whatever Time can be spared from the ordinary and daily Business, is employed in recording the Letters received from the american Ministers abroad. In this Work considerable Progress has been made. We find already recorded one Vol. containing the Letters of Mr . Dana during his Mission to Russia, commencing 18th . February 1780 and ending 17th . December 1783, of Mr . H. Laurens commencing 24th . January 1780 and ending 30th . April 1784, and of Mr . John Laurens during his special Mission to Versailles, commencing 3d . January 1781 and ending 6th . September following. Five Vols. containing the Letters from Mr . Adams commencing 23d . Decemr . 1777 and brought up to 10th . April 1787, the 6th . Vol. is now in Hand. Two Vols. containing the Letters from Mr . Jay commencing the 20th . December 1779 and ending 25th . July 1784. The Letters from Mr Deane commencing the 17th . Septemr . 1776 and ending 17th . March 1782 are recorded, and those from Mr Arthur Lee commencing 13th . February 1776 and brought up to 15th . February 1778, are now in Hand.
Those from Dr . Franklin, Mr . Jefferson, the first joint Commissioners, the joint Commissioners for negociating a Treaty of Peace, and those for negotiating Treaties of Commerce, Mr . William Lee, Mr . Dumas and others are numerous, and are yet to be recorded.
The Letter Book of the late Committee for foreign Affairs composed of Sheets stitched together and much torn, has been fairly copied in a bound Book and indexed.
The Books used for these Records are of demy Paper, and each Vol. contains from 5 to 6 Quires of Paper, being all of a Size, except the two Vols . of the Secretary's Reports which are somewhat less.
There is an Index to the Paper Cases, and to the Boxes in each Case, and to the Papers in each Box. In these Cases and Boxes are filed the original Letters and Papers belonging to the Office.
The Office is constantly open from 9 in the Morning to 6 O'Clock in the Evening; and either his Deputy or one of the Clerks remains in the Office while the others are absent at Dinner.
By inspection of the book of foreign Letters your Committee find that several timely efforts have been made to furnish Mr . Carmichael with a Cypher; which [the] last [of which] they have reason to hope is
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successful, and upon the whole they find, nearness, method and perspicuity throughout the Department.
[Report of Board of Treasury on memorial of J. Spencer1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 389--391, read August 14 and referred August 20, 1788. The covering letter of the Board is on p. 393. See August 5 and September 30, 1788.]
The Board of Treasury to whom was referred the Memorial of Josiah Spencer, late a Major General in the Service of the United States
Beg leave to Report
That the rules established for settling the Claims of Officers of the Army, will not admit of any other mode of adjusting the Account of the Memorialist, than the one proposed by the Assistant Commissioner of Army Accounts, without admitting the principle of computing Depreciation on advances made to the Army previous to the 1st . of August 1780, a Principle which the United States in Congress have invariably adhered to, notwithstanding the numerous applications which have been made to induce a departure from the same.
As the case however of the Memorialist when compared with that of other General Officers who served in the Army, appears peculiarly hard, having never received any depreciation from the State; or even the benefit of one years pay, which was granted to supernumerary Officers, by the Resolve of Congress of 24th . November 1778; the Board submit it to the consideration of Congress whether it might not be adviseable to grant to the Memorialist one years pay, in the same manner as if he had received leave of Absence in the mode prescribed by the Act abovementioned.
The early and disinterested Services of the Memorialist, his present advanced State of Life and the disadvantage he must labor under in the Settlement of his account, agreeably to the established rules, induce the Board with great deference to make this suggestion.
All which is humbly submitted.
Samuel Osgood
Walter Livingston
Arthur Lee2
[Note 2: 2 August 14, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 202, the following committee was appointed:
Mr. Theodore Sedgwick, Mr. Abraham Clark and Mr. Edward Carrington, on the petition of Ann Ledyard for benefit of the allowance made to the widows of deceased officers. Papers of the Continental Congress, No. 42, IV, pp. 430--431, read August 14, 1788. Report rendered August 28 and acted on September 1, 1788.
According to indorsement was read:
Letter of Edmund Randolph to President of Congress, August 4, 1788, relating to the Act of July 17, 1788 respecting lands between the Scioto and Miami rivers. Papers of the Continental Congress, No. 71, II, pp. 647--652. See August 20, 28 and September 1, 1788.]
August 14th . 1788.
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