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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, AUGUST 26, 1788.
Congress assembled present New hampshire Massachusetts, Connecticut New York, New Jersey Pensylvania Delaware Maryland Virginia North Carolina South Carolina and Georgia.
A motion2 being made by Mr [Theodore] Sedgwick seconded by Mr [Abraham] Clark in the words following:
[Note 2: 2 Papers of the Continental Congress, No. 23, pp. 103--104, in the writing of Mr. Theodore Sedgwick. See July 8, August 13, September 2 and 13, 1788.]
3Whereas the federal Convention assembled in Philadelphia, pursuant to a resolution of Congress of the 21st . of Feby . 1787, did on the 17th . of September last report to the United States in Congress Assembled, a form of Government; And whereas the said form of Government hath been adopted in
[Note 3: 3 Roger Alden takes up the entry.]
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the manner therein declared necessary for the ratification thereof, and thereby become the constitution of the States adopting the same,
Resolved that the city of New York in the State of New York being the seat of the present federal Government, be the place for commencing proceedings under the said constitution. Resolved that the first wednesday in January next be the day for appointing Electors in the several States, which before that time shall have adopted the said constitution; that the first wednesday in Feby next be the day for the said Electors to assemble in their respective States, and vote for a President; and that the first wednesday in march next be the time for commencing proceedings under the Constitution aforesaid.
The first resolution being under debate a motion was made by Mr [Dyre] Kearny seconded by Mr [Nathaniel] Mitchell to strike out the words "the city of New York in the State of New York, being the seat of the present federal Government," and in lieu thereof to insert, "town of Wilmington in the State of Delaware". And on the question to agree to this amendment, the Yeas and Nays being required by Mr [Dyre] Kearny,
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So the question was lost.
On the question to agree to the resolution as moved, the Yeas and Nays being required by Mr [Theodore] Sedgwick,
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So the question was lost.
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1On the report2 of the comee consisting of Mr [Alexander] Hamilton Mr [Theodore] Sedgwick and Mr [James] Madison to whom was referred a report3 of the Secretary for the department of foreign Affairs of the 14th . Instant,
[Note 1: 1 From this point to the end of the day the Journal entry was made by Charles Thomson and Roger Alden, with the notes by Benjamin Bankson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1698--1700. The Journal entry proper was also made by John Fisher and attested by Charles Thomson in Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 426--427.]
[Note 2: 2 Papers of the Continental Congress, No. 25, II, pp. 499--500, in the writing of Mr. Alexander Hamilton. Read August 26, 1788. See August 20, 1788.]
[Note 3: 3 See August 15, 1788. See also May 29, 1788.]
Resolved, That the Secretary for the department of foreign Affairs be directed to transmit copies of the papers* referred to in his said report to the Chargé des
[Note *: * Georgia]
House of Assembly
Wednesday the 30 Januy . 1788.
On a Motion made by Mr . William Few the House came to the following Resolution:
Whereas authentic information has been laid before this House that sundry negro Sieves belonging to Citizens of this State have absconded from their Masters and gone to East Florida where they are protected and detained from their rightful Owners by the Government of his most Catholic Majesty to the great injury of the Citizens of this State, contrary to the Usage of Nations in Amity, and those principles of friendship which this State wishes to preserve with the Subjects of his most Catholic Majesty.
Resolved, That the Letter of the Governor De Zespedes, dated the 12 of December 1784, be transmitted to the Delegates of this State in Congress, and that the said Delegates or either of them be and they are hereby instructed and required to lay a statement of the case before the United States in Congress Assembled, and to move that such measures may be taken on the occasion as will redress the injured Citizens of this State and remove the cause of such complaints.
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Affaires of the United States at Madrid and instruct him to represent to his Catholic Majesty the inconveniencies
Extract from the minutes
Jas. M. Simmons, Clk. G. A.
My Dear Sir: The expressions your Excellency has honored me with in your Letter of 27 of October fills me with satisfaction, and I will certainly have the greatest pleasure at all tunes and on every occasion to manifest the true esteem I entertain of your Excellency and your Citizens.
With respect to the depredation of the English Subjects in cutting of Timber on the Island of Cumberland, I am to say, that, as the late Treaty of peace grants Eighteen months to the British to evacuate this province unmolested, I cannot during that space of time, disturb the existence of their transports in the River Saint Marys, nor at any time, take notice of the excesses that the Subjects of another Sovereign may commit in a territory that does not belong to me.
I have procured to Mr Coddington all the means in my power for the recovery of his Negroes which might eventually have come into this province; leaving it at his free election when recovered to deposit them, into the hands of a person of his choosing until I receive from the Court their Resolution which I have some time past applied for, concerning these identical Slaves; being obliged to conform myself, until I receive new Instructions, to the antient Regulations of this Government, one of which prescribes, not to disturb any fugitive Negro from Georgia, as the Court of London in that respect refused a reciprocal correspondence. At the same time, I have represented to his Majesty, that Georgia is differently circumstanced as not being as formerly a British Colony. And I expect anxiously an answer to my Representation, with a sincere desire to be authorized to comply fully with the Requisitions of your Excellency.
I remain with the greatest Respect to your Excellency, praying God preserve your life many years. Saint Augusta in Florida 12 December 1784.
I kiss your Excellency's hand, being your most acknowledged, hum Serv.
Viz ManL de Zespedes.
His Excellency
The Governor of Georgia
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which the States bordering on his dominions experience from the Asylum afforded to fugitive negroes belonging to the citizens of the said States; And that Congress have full confidence that orders will be given to his Governors to permit, and facilitate their being apprehended and delivered to persons authorised to receive them; assuring his Majesty that the said States will observe the like conduct, respecting all such negroes belonging to his Subjects as may be found therein.
Resolved, that the said Secretary be also directed to communicate the said papers to the Encargado de Negocios of Spain, and to signify to him, that his interposition to obtain proper regulations to be made on the subject, would be very agreeable to Congress.1
[Note 1: 1 August 26, 1788. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 38, were received and according to the Committee Book, Papers of the Continental Congress, No. 190, p. 204 were referred to the Board of Treasury to report:
Memorial of Udny Hay requesting the reimbursement of £79--2--3.
Petition of George Taylor, bellows maker, for the settlement of his account of retained rations.]
2WEDNESDAY, AUGUST 27, 1788.
[Note 2: 2 Charles Thomson resumes the entry.]
Congress assembled present Massachusetts New York New Jersey, Pensylvania, Delaware, Maryland, Virginia South Carolina and Georgia and from New hampshire Mr [Paine] Wingate from Connecticut Mr [Benjamin] Huntington and from North Carolina Mr [Hugh] Williamson.
[Report of committee on the memorial of J. Lawrence3]
[Note 3: 3 Papers of the Continental Congress, No. 19, III, pp. 489--490, in the writing of Mr. Hugh Williamson. Read and passed August 27, 1788. See August 25, 1788.]
The Committee consisting of [Mr. Hugh Williamson, Mr. Paine Wingate, Mr. Nathan Dane, Mr. William Few and Mr. Nathaniel Mitchell] to whom was referred the Memorial of Jesse Lawrence beg leave to report.
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That Jesse Lawrence who is a british Subject alledges that in the Year 1785 he obtained a Licence from the Governor of Nova Scotia to form a Settlement on the Island of Sable to which he removed in the Autumn of the Year 1786 with Instructions from Govr Parr to afford Relief to the unfortunate of every Nation who might be shipwrecked on the Island. That soon after his settling on the Island and on the Spring of the next Year he was plundered and robbed by different Persons Citizens of the US who belonged to fishing Vessels from Cape Ann or other Parts of Massachusets. That they took from him not only the whole Produce of his Industry while he was on the Island but his Provisions furniture wearing apparel and everything that he possessed.
And whereas the Interest of Humanity seems to require that a settlement should be made on the Island of Sable and as Honour and good Faith require that the Citizens of the US should not injure the Subjects of Great Britain nor give them any just Cause of Complaint and whereas small Injuries offered by the Subjects of friendly Nations to one another when neglected or passed over without Punishment are apt to be followed by serious and dangerous Consequences your Committee submit the following Resolve.
That the Memorial of Jesse Lawrence be referred to the Governmt Executive of Massachusets and in Case the said Lawrence shall produce such Evidence as may substantiate his Allegations to the Satisfaction of the said Govt . executive that they cause a fair and full Enquiry to be made into the Truth of the Facts alledged and such Proceedings to be had against the Offenders as the Law of Nations and Justice to the Memorialist may require. And whereas the Memorialist may be disabled by his late Sufferings from bearing the necessary Expences of a Prosecution that it be also recommended to the State of Massachusets [said executive] to furnish him with the necessary Supplies and to charge the same together with the proper Indemnification to the Accct U.S.
On the report of a committee consisting of Mr [Hugh] Williamson Mr [Paine] Wingate, Mr [Nathan] Dane, Mr [William] Few and Mr [Nathaniel] Mitchell to whom was referred a memorial of Jesse Lawrence complaining of trespasses committed on him at the Island of Sable by citizens of Massachussets
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Resolved That the memorial of Jesse Lawrence be referred to the executive of Massachussetts and in case the said Lawrence shall produce such evidence as may substantiate his allegations to the satisfaction of the said executive, that they cause a fair and full enquiry to be made into the truth of the facts alledged and such proceedings to be had against the offenders as the law of Nations and justice to the memorialist may require, and that any expences which may be incurred by the executive in complying with this recommendation be chargeable against the United States.
[Report of committee on the Post Office Department1]
[Note 1: 1 Papers of the Continental Congress, No. 61, pp. 581--584, in the writing of Mr. Paine Wingate. The three enclosed papers mentioned in the next to the last paragraph of the report are on pp. 587--588, 591--593 and 594 respectively. Read August 27, 1788. The committee had leave to take back the report on September 30 and was renewed on October 9, 1788. See July 7, 9, and August 25, 1788.]
The Committee consisting of [Mr. Paine Wingate, Mr. John Swann, Mr. Nathan Dane, Mr. James R. Reid and Mr. Peleg Arnold2] appointed agreeably to a resolution3 of Congress of June 17. 1782, to enquire fully into the proceedings of the department of the Post office, and to report the result of their enquiry to Congress, Report,
[Note 2: 2 Although the name of Mr. Arnold is indorsed on the report, the Committee Book, Papers of the Continental Congress, No. 190, p. 197, states that he was replaced by Mr. Dyre Kearny on August 25, 1788.]
[Note 3: 3 Journals, vol. XXII, p. 334.]
That the Post master General who has the direction of the affairs of the Post office has one Assistant, and in order properly to execute the duties of his office, he employs sixty nine Deputy Postmasters, who are obliged each of them to keep an office peculiarly appropriated to the purpose of receiving and transmitting letters which are entrusted to their care. The pay of the Deputies for their services is Twenty per Centm . deducted out of the money received by them respectively for all letters they shall deliver according to the established rates of Postage.
The general instructions given by the Post-master general to his Deputies and the obligations required of them for the faithful discharge
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of their trust appear to be well calculated to preserve regularity, promote the advantage of those whose letters are conveyed, and place the Revenue of the office on a proper footing of security. Those instructions and obligations. for the Deputies, as well as the forms of contracts and bonds required of the Postriders, are the same as have been used by the present and former Post-master general ever since the existence of that office under the Authority of Congress.
The particular instructions given by the Postmaster General to his Deputies from time to time for special purposes the committee are not informed of, as by means of the multiplicity of business in the general post office and no clerk being allowed, there could not be copies preserved.
The contracts and obligations entered into by those who are employed in trasporting the mail, are strict and well adapted for the security and punctuality of those conveyances. And the Post-master general informs that the Stages and Postriders have been as punctual in delivering the mails generally as could reasonably be expected. That the forfeitures for failures under this head in the years 1786 and 1787, amount only to about forty two dollars, excepting the forfeitures of Mr . Twining which in 1787 amounted to upwards of two thousand dollars but were remitted to him by resolve1 of Congress of Sept . 25. 1787.
[Note 1: 1 Journals. vol. XXXIII, p. 533.]
To ascertain with precision the Receipts of each Post Office for two or more years, the Postmaster general states would require an examination of several hundred accounts and more time than the indispensable demands of the department would permit and he further adds that the present state of his mind is such, owing to sickness and death in his family that he is totally unfit for the investigations. But he informs in general that the income of the Post office from Portland to Virginia inclusive has defrayed the expences of it, but from Virginia southward the expence has exceeded the income, and Bills have been from time to time drawn upon him for the deficiences.
The receipts of the General post office from the year 1785 to April 1. 1788 inclusive are as follows, viz.
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The monies received have been disposed of in defraying the ordinary and contingent expences of the department, and in payments made to the Treasury of the United States. Of each of these the following sketch may give some Idea.
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This statement exhibits a general view of expenditures during the whole period of time it includes, but not an exact one for each year; because part of the money received in each year could not be paid to the Riders in the year in which it became due, and consequently was charged in the succeeding year when it was paid. The like remark is applicable to the money paid into the Treasury.
Agreeably to the foregoing statement of the Receipts and disposition of the monies in this department there remains unapplied 1247. 19/90 Dollrs . in the general post office, exclusive of forfeitures for failures in contracts.
The committee find that the transportation of the mail costs from a tenth to some what less than a twenty fourth part of a dollar pr . mile. The expence is various, and generally greater at the Southward than Eastward. The expence of some of the routes has been encreased and in others reduced in the contracts of the present year; but on the amount of the whole the reduction of this year is considerable.
The committee on a calculation of the ordinary expence of conveying the mail are of opinion that it cannot be afforded generally, by a person who is faithful and punctual and makes that his business for a less price than a dollar for Twenty four miles.
The committee would accompany this report with a list of the Deputy-Post-Masters, and an account of the annual expence of trasporting the mail in the different contracts, and the amount of the
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Receipts of the general post office in the present and three preceeding years. Also the forms of the contracts made with the Post-riders and obligations given by them, and the Instructions given to the Deputy-Post-Masters and their bonds for performance.
With respect to the letter of the Post Master General to Congress of July 8th . ulto . the committee further report that on conferring with him on the meaning of acts of Congress relative to his department, the doubts stated in his letter are removed.
[Letter of Board of Treasury transmitting letter of Mr. Jarvis1]
[Note 1: 1 Papers of the Continental Congress, No. 140, II, p. 551, read August 27, 1788. A copy of the letter of Jarvis is on pp. 555--561. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 204, the letter of Jarvis was referred to a committee consisting of Mr. Abraham Clark, Mr. Hugh Williamson, Mr. Abraham Baldwin, Mr. Jeremiah Wadsworth and Mr. Alexander Hamilton. This was the same committee as that of August 20, 1788. The committee reported September 16, 1788. See July 16 and August 4, 1788.]
Board of Treasury.
August. 28th 1788
Sir: We request the Favor of your Excellency to lay before Congress a Copy of a Letter received on yesterday, by this Board from Mr . James Jarvis, Contractor for Coppers Coinage.
We have the Honor to be, etc.
Samuel Osgood
Arthur Lee
His Excellency,
The President of Congress.
[Letter from the Office of Secretary at War on Indian affairs2]
[Note 2: 2 Papers of the Continental Congress, No. 150, III, p. 365, read August 27, 1788. Copies of the two letters of General R. Winn are on pp. 369--370 and 373, respectively, and that of General Andrew Pickens to Winn on pp. 377--378.]
War Office 27th . August 1788.
Sir: In the absence of the Secretary at War I have the honor to transmit to your Excellency copies of Letters received yesterday from the Superintendant of Indian Affairs for the Southern District dated
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at Winnsborough the 5th . and 8th . Instant, with an enclosure from General Pickens dated Long Cane 6th . Augt . 1788.
I have the Honor to be, etc.,
Wm . Knox1
[Note 1: 1 August 27, 1788. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 39 was received and according to the Committee Book, Papers of the Continental Congress, No. 190, p. 204 was referred to the Board of Treasury to report:
Accounts of Samuel Young Keene for settlement.]
His Excellency
The President of Congress.
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