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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 --MONDAY, AUGUST 25, 1788.
Congress assembled present New hampshire Massachusetts Connecticut New York, Pensylvania Delaware Maryland, Virginia, North Carolina South Carolina and Georgia and from New Jersey Mr [Jonathan] Dayton.
On Motion of Mr [Thomas Tudor] Tucker seconded by Mr [John] Parker
Ordered That the board of treasury take Order for paying the bill for one hundred and sixty dollars drawn by the commissioners of the said board on the loan Officer in the State of South Carolina in favour of David Oliphant, pursuant to the resolution2 of Congress of 10 Octr . 1786.
[Note 2: 2 Journals, vol. XXXI, p. 761.]
The report3 of the comee to whom was referred a letter4 from Baron de Steuben being called for and read up and the same having been read in the words following:
[Note 3: 3 See July 25, 1788.]
[Note 4: 4 See June 4, 1788. See also July 7 and 9, 1788.]
5The committee consisting of Mr [Nicholas] Gilman, Mr [Samuel Allyne] Otis, Mr [Hugh] Williamson, Mr [Edward] Carrington and Mr [Ezra] L'Hommedieu, to whom was referred a letter from the Baron de Steuben requesting an adjustment of his claims on the principles of a contract, alledged to have been entered into between him and the
[Note 5: 5 Roger Alden takes up the entry.]
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United States, previous to his engaging in their service, submit the following report,1 viz.
[Note 1: 1 See July 25, 1788.]
That in Jany 1778 Congress recd a letter2 from the Baron de Steuben dated Portsmouth Decr . 6th . 1777 in the words following, viz. "Honorable Gentlemen, the honor of serving a respectable nation engaged in the noble enterprize of defending its rights and liberty, is the only motive that brought me over to this Continent. I ask neither riches nor titles. I am come here from the remotest end of Germany at my own expence, and have given up an honorable and lucrative rank. I have made no condition with your deputies in france, nor shall I make any with You. My only Ambition is to serve You as a Volunteer, to deserve the confidence of Your General in Chief, and to follow him in all his operations, as I have done during seven campaigns with the King of Prussia; two and twenty years past at such a school, seem to give me a right of thinking myself in the number of experienced Officers; and if I am possessor of some talents in the Art of War, they should be much dearer to me, if I could employ them in the service of a Republic such as I hope soon to see America. I should willingly purchase at my whole bloods expence the honor of seeing one day, my name, after those of the defenders of your liberty. Your gracious acceptance will be sufficient for me; and I ask no other favor than to be received among Your Officers. I dare hope you will agree this my request, and that You will be so good as to send me Your orders to Boston, where I shall expect for them, and accordingly take convenient measures. I have the honor to be with respect, honorable Gentlemen, Your most obedient and very humble servant. (signed) Steuben."
[Note 2: 2 Papers of the Continental Congress, No. 19, V, pp. 547--548, read January 13, 1778.]
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Whereupon Congress resolved,1 "That the President present the thanks of Congress in behalf of these United States to Baron Steuben for the zeal he has shewn for the cause of America, and the disinterested tender he has been pleased to make of his military talents, and inform him that Congress cheerfully accept of his service as a volunteer in the army of these States, and wish him to repair to General Washington's Quarters as soon as convenient." Your committee further report, that on the Barons arrival at York town, the seat of Congress in Feby . 1778, the committee consisting of Mr Witherspoon, Mr Mc Kean, Mr . F. L. Lee and Mr Henry, appointed to confer with him, made their report2 to Congress in the words following, viz.
[Note 1: 1 January 14, 1778. Journals, vol. X, p. 50.]
[Note 2: 2 Papers of the Continental Congress, No. 19, V, p. 585; copy attested by Go . Washington.]
"The Baron Steuben who was a Lieutenant General and Aid de camp to the King of Prussia, desires no rank, is willing to attend General Washington, and be subject to his orders, does not require or desire any command of a particular corps or division, but will serve occasionally as directed by the General, expects to be of use in planning encampments, etc. and promoting the discipline of the Army, he heard before he left france of the dissatisfaction of the Americans with the promotion of foreign Officers, therefore makes no terms, nor will accept of anything but with general approbation, and particularly that of General Washingtons" Letters and certificates from different Gentlemen to the Baron, expressing their sense of the contract alledged to have been made by him, have also been laid before Your Committee. But the above report and the preceeding Act of Congress being the only records on this subject, your Committee do not find that any demand was made by the Baron of indemnification for
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Offices, which he may have relinquished in Germany, nor any promise of such Indemnification made by Congress.
Your Committee further report that in Decr . 1782, the Baron addressed a letter1 to the President of Congress requesting a committee to enquire into and report his situation and pretensions; which being granted he stated his pretensions in the words following, viz. "My demands were these, to join the army as a volunteer, that I wished to be known by the Commander in Chief, and to leave it to the Officers of the Army if my capacity entitled me to hold a commission in it, that the General could employ me in such a branch, where he thought my services the most useful, that I was determined not to ask a favor or a reward previous of having deserved it. That however I expected from the generosity of Congress, that in imitation of all European powers they would defray my expences, although a Volunteer, according to the rank which I held in Europe, as well for myself as my Aids and servants." Your committee further report, that although the Baron has disclaimed any preliminary stipulations for reward, and though Congress do not appear to have engaged to indemnify him for emoluments that may have been given up in Europe, yet he has received from Congress, strong and singular proofs of their desire to place him in easy circumstances; and under the different heads of allowance for expences, pay as Major General and Inspector, commutation of half pay for life, and a subsequent grant, according to the statement made by the commissioner of Army Accounts, he has received above forty four thousand dollars in specie, or other money reduced to specie value, besides provisions and forage to a large amount; and of the specie, more than thirty two thousand and nine hundred dollars have been paid since the beginning of the Year 1784.
[Note 1: 1 Steuben to Elias Boudinot, December 5, 1782, read December 10. Papers of the Continental Congress, No. 19, V, pp. 553--556.]
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In consideration of the foregoing facts and all circumstances, Your committee are of opinion, that although the Baron Steuben has no claims against the United States.founded on a contract, yet considering the merit and services of the Baron Steuben, and the peculiarity of his situation, your Committee beg leave further to report, that he be allowed at the rate ofdollars per Annum during his natural life.1
[Note 1: 1 Before agreeing to the commitment of this report three suggestions or amendments were offered. These are in Papers of the Continental Congress, No. 19, V, pp. 503 and 505 and are as follows:
]
- (a) "Altho' Baron Steuben is not by express Stipulation intitled to any farther Sum, yet having perform'd very essential and valuable Services, resting on the Success of the Revolution and the Generosity and Ability of Congress for his Reward, it is proper that such Relief shou'd be given as the present Circumstances of the United States will warrant. therefore resolved." This is in the writing of Mr. Thomas Tudor Tucker.
- (b) "That altho the Baron de S[teuben] has no claims against the U. S. founded on contract, yet considering the merits and services of ... and the peculiarity of his situation."
- (c) "That altho' the contract upon which the Baron De Steuben states his claims against the United States to be founded does not appear on the flies upon any of the records or to the entire satisfaction of Congress."
A motion was made by Mr [Alexander] Hamilton seconded by Mr [Henry] Lee, that the said report be committed,2 and on the question for commitment, the Yeas and Nays being required by Mr [Nicholas] Gilman:3
[Note 2: 2 According to the Committee Book, Papers of the Continental Congress, No. 190, p. 204, the committee consisted of Mr. James Madison, Mr. Theodore Sedgwick, Mr. Alexander Hamilton, Mr. Edward Carrington and Mr. Thomas Tudor Tucker. It reported September 11, 1788.]
[Note 3: 3 A draft of this proceeding in the writing of Charles Thomson is in Papers of the Continental Congress, No. 19, V, p. 507.]
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1So it was resolved in the affirmative.
[Note 1: 1 Charles Thomson resumes the entry.]
[Motion of Mr. Kearny on mail contracts2]
[Note 2: 2 Papers of the Continental Congress, No. 61, p. 577, in the writing of Mr. Dyre Kearny. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 203, the motion was referred to the committee on the Post Office department, appointed July 7, 1788, which consisted of Mr. Paine Wingate, Mr. John Swann, Mr. Nathan Dane, Mr. James R. Reid and Mr. Dyre Kearny. Mr. Kearny replaced Mr. Peleg Arnold on this date. The committee reported August 28, 1788. Acted on August 29, 1788. See August 27, 1788.]
Resolved That the Post Master General be authorized and directed to enter into Contract with any suitable Person or Persons for the Regular Transportation of the mail once in every week from Wilmington in the State of Delaware to Dover in the Said State, upon the principles of the Resolution3 of Congress relative thereto of the 15th . of February 1787. and if such Contract cannot be carried into Effect upon the Principles of the Resolution aforesaid by theDay ofnext, that the Establishment be made at the Expence of the General Post Office.
[Note 3: 3 Journals, vol. XXXII, p. 59--60.]
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[Letter of Secretary for Foreign Affairs transmitting memorial of J. Lawrence1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, pp. 557--559, read August 25, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 203, the letter and its enclosure were referred to a committee consisting of Mr. Hugh Williamson, Mr. Paine Wingate, Mr. Nathan Dane, Mr. William Few and Mr. Nathaniel Mitchell, which reported August 27, 1788.]
Office for foreign Affairs
22d . August 1788.
Sir: I have the Honor of transmitting to your Excellency, herewith enclosed, a Memorial2 from Jesse Laurence, complaining of Trespasses committed on him, at the Island of Sable, by the Citizens of Massachusetts Bay.
[Note 2: 2 Papers of the Continental Congress, No. 78, XIV, pp. 747--750, read August 25, 1788.]
The first application made to me on this Subject, was by Sir John Temple, in Pursuance of Instructions from his Court. As there are objections to any Negotiations with Sir John, out of his consular Department, I suggested to the Complainant that he could not bring his Case more properly before Congress than by a Memorial, which he soon after had prepared and delivered to me.
The Island of Sable, being Part of the british Dominions it is natural that the british Government should appear interested in the Protection and Peace of its Inhabitants, and as such Trespasses, unless punished, tend to impair the Harmony subsisting between the two Nations, it seems to me proper and expedient that the United States should take such Measures on the Occasion, as ought to be deemed Satisfactory by Great Britain.
For this Purpose he is inclined to think that the Memorialist should be referred to the Government of Massachusetts, and that it be earnestly recommended to that Commonwealth to cause fair and full Inquiry to be made into the Truth of the Facts alleged by him, and, if they shall appear well founded, then to cause such Proceedings to be had against the Offenders, as the Laws of Nations and Justice to the Memorialist may require.
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As the Man seems to be very poor, and is earnest to be dispatched, I have taken the Liberty of submitting these Remarks on his Case, without waiting for a Reference.
With great Respect, etc.,
John Jay1
[Note 1: 1 August 25, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 204, the following committees were appointed:
Mr. William Irvine, Mr. Edward Carrington and Mr. James R. Reid on the report on the claim of Catherine, an Indian. Journals, vol. XXVIII, pp. 487--488 (June 29, 1785). Report rendered September 16, 1788.
Mr. Henry Lee, Mr. William Irvine and Mr. Paine Wingate on the report of the Board of Treasury on the memorial of A. W. White. See May 15 and July 30, 1788. Report rendered September 8, 1788.
According to indorsement was read:
Extracts of a letter from General Andrew Pickens to Governor Thomas Pinckney, July 10, 1788, respecting Indian affairs in the southwest. Papers of the Continental Congress, No. 56, pp. 441--442. The enclosures of this letter are no. 1, Talk of the Prince of Notoly, June 5, 1788, on p. 425; no. 2, Talk of the Headmen and Warriors of the Cherokees, June 20, 1788, on pp. 429--430; no. 3, Talk of Hanging Man and John Watts, June 25, 1788, on pp. 432--434; no. 4, Talk of the Jobbers Son, June 30, 1788, on pp. 435--437; and no. 5, An address of She inhabitants of Abbeville County, July 9, 1788, on pp. 438--440.]
His Excellency
The President of Congress.
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