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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 28, 1788.
Congress assembled present Massachusetts Connecticut New York, New Jersey Pensylvania Delaware Virginia South Carolina and Georgia and from New hampshire Mr [Paine] Wingate and from North CaroIina Mr [Hugh] Williamson.
On Motion2 of Mr [Dyre] Kearny seconded by Mr Clark [Nathan] Dane
[Note 2: 2 Papers of the Continental Congress, No. 36, III, p. 413, not indorsed, in the writing of Mr. Dyre Kearny. Another motion on p. 411, indorsed "Motion Mr Kearny/amendmt . to Motion of/Mr Madison-/for admitting claims./Augt . 28th . 1788." reads as follows: "And that [Resolved that] the sd Board [of Treasury] be directed to report forthwith thereon and on the several other claims forthwith some general provision for equitable cases barred by the Resolution of the 23 day of July 1787."]
Resolved that the board of treasury be and they are hereby directed to report on the expediency of any further admission of equitable claims now barred by the resolution3 of the 23 day of July 1787, and in case of such expediency to report some general plan for that purpose.
[Note 3: 3 Journals, vol. XXXIII, p. 392.]
On the report4 of a comee . consisting of Mr [Hugh] Williamson Mr [Samuel Allyne] Otis and Mr [Abraham]
[Note 4: 4 Papers of the Continental Congress, No. 19, IV, pp. 159--160, in the writing of Mr. Hugh Williamson. Read August 28, 1788. The resolve was entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, pp. 61--64. See June 25, July 1, 8, 15, 30 and August 15, 1788.]
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Baldwin to whom was1 recommitted a report on the memorial of George Morgan and sundry other Papers,
[Note 1: 1 Roger Alden takes up the entry.]
Resolved, That the board of treasury be and they hereby are authorised in contracting with George Morgan and his Associates or with any other person or persons for the sale of a tract of land on the Mississippi which is described in the Act of June 20th last, to vary in the following particulars from the terms proposed in the said Act, viz. A payment of 200,000 dollars shall be made on closing the contract, the remainder of the price to be paid in seven equal payments, the first of which shall be paid whenever the Indian title, if any such there is, shall be extinguished, and a survey of the tract returned to the treasury Office. The other six payments to be made half yearly with Interest from the time in which the survey is returned. On making the first payment entrys shall be permitted on so much land as that sum is equal to, at the limited price. On making the second payment a deed shall issue for so much land as may then be paid for, and other deeds if required shall issue on making the several payments; Provided that it is previously stipulated on what part the first deed shall be laid, and that every subsequent deed shall be for a regular tract as nearly as may be of an equal width extending from the Mississippi to the eastern boundary of the general purchase, and that the several deeds be for tracts in contact with one another. That in case of failure in any one of the payments stipulated for, the contract shall be considered as forfeited in all the parts thereof, which shall then remain to be carried into effect.2 That instead of the three parallelograms to be reserved according to the Act of 20th June last for donations to the
[Note 2: 2 In the original this sentence reads as follows: "and that it be further stipulated that on the failure of any payment the Contractor or Contractors shall forfeit any claim to future Preemption".]
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antient settlers on the west side of a certain ridge of rocks, there shall be reserved an equal quantity of land for the same use to be laid out in three squares on the east side of the said ridge of rocks, and as near as may be to the improvements belonging to the villages of Kaskaskies, la Praire du Rochers and Kahokia.
Resolved That in case there are any improvements belonging to the antient french settlers without the general reserved limits, the same shall also be considered as reserved for them in the sale now proposed to be made.
According to the order of the 5th . Instant, Congress proceeded to the election of a Commissioner of Army Accounts, and the ballots being taken,
Mr . Joseph Howell was elected,1 having been previously nominated by Mr [Abraham] Clark.
[Note 1: 1 See August 5, 8 and September 1, 1788.]
[Motion of Mr. Tucker respecting W. Mason2]
[Note 2: 2 Papers of the Continental Congress, No. 62, p. 246, in the writing of Mr. Thomas Tudor Tucker. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 204, the motion was referred to the Commissioner of Army Accounts to report. Report rendered September 1, 1788.]
That the Board of Treasury take Order for paying to William Mason late a Serjeant of the Virg. Line in the Continental Army Forty Dollars to be charged on the Specie Claims he may appear to have on the United States on a Settlement of his Accounts.
[Report of committee on memorial of Ann Ledyard3]
[Note 3: 3 Papers of the Continental Congress, No. 19, III, pp. 497--498, in the writing of Mr. Theodore Sedgwick. Read August 28 and agreed to September 1, 1788. See August 14, 1788.]
The committee [consisting of Mr. Theodore Sedgwick, Mr. Abraham Clark and Mr. Edward Carrington] to whom was refered the memorial of Ann Ledyard, Widow of Colonel William Ledyard, late an officer in the service of the State of connecticut, who was killed by the enemy in 1781, report,
That the said Ledyard was an officer appointed, and commissioned by the State of connecticut, independent of any resolve of congress,
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and without the order or requisition of any officer in the service of the U.S. That there is not to the knowledge of the committee any instance of a compensation made by Congress for the losses or services of officers or soldiers in the service of individual States, and that although the committee are of opinion that the said Ledyard was an officer of merit, and that the prayer of the said memorial is entitled to the consideration and favorable attention of the legislature of the said state, yet that the same cannot be granted by congress without establishing a precedent, which will be productive of great inconvenience. The committee therefore ask leave to submit the following resolve.
Resolved, that Ann Ledyard have leave to withdraw her Ag: memorial a compliance with the prayer thereof being inadmissible.
[Report of committee on Mr. Kearny's motion1]
[Note 1: 1 Papers of the Continental Congress, No. 61, p. 575, in the writing of Mr. Dyre Kearny. Read August 28, 1788. This report was agreed to on August 29, 1788, where it is entered verbatim on the Journal. See August 25, 1788.]
[Report of committee on letter of the Governor of Virginia on western lands2]
[Note 2: 2 Papers of the Continental Congress, No. 30, p. 153, in the writing of Mr. Nathan Dane. Read August 28, 1788. The report was agreed to on September 1, 1788, where it is entered verbatim on the Journal. See July 17, August 14 and 20, 1788.]
[Report of Board of Treasury on memorial of J. Vinton3]
[Note 3: 3 Papers of the Continental Congress, No. 138, II, pp. 475--477, read August 28, and acted on August 29, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 603. See April 25, 1787 (Journals, vol. XXXII, p. 241n.).]
The Board of Treasury to whom was referred the Memorial of John Vinton, administrator of the Estate of Edmund Soper, late a purchasing Commissary in the Army of the United States,
Beg leave to Report,
That the circumstances stated by the Memorialist with respect to the sale of certain Stores in the possession of the deceased for public securities have been fully investigated, by the Commissioner for settling accounts in the Commissary General's Department and found to be true.
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That it further appears by a Certificate of Oliver Wandall Esqr late Judge of Probates for the County of Suffolk that the said sale was made in pursuance of an opinion given by him to the Administratrix that the measure was adviseable. The Board are therefore of opinion, that the Balance appearing to be due from the Estate of the said Edmund Soper, should be paid by the Administrator to said Estate, to the Commissioner of Accounts for the Commissary Generals Department, and for this purpose submit to the consideration of Congress the following Resolve
That the Sum of Four thousand and twenty three Dollars, and thirty four ninetieths of a Dollar arising from the Sale of sundry Public Stores in the possession of Edmund Soper, late a purchasing Commissary at the time of his decease be received in discharge of a balance to the said amount due from the Estate of the deceased to the United States.
All which is humbly Submitted.
Samuel Osgood
Arthur Lee
August 28th . 1788.
[Letter of Secretary for Foreign Affairs on recall of Mr. Van Berckel1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 561, read August 28, 1788: According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 204, the enclosures of this letter were referred to the Secretary for Foreign Affairs to report. Report rendered September 3, 1788.]
Office for foreign Affairs
28th . Augt . 1788
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter2 of the 25th . Instant from Mr . Van Berckel, together
[Note 2: 2 Papers of the Continental Congress, No. 99, p. 301, original in French with translation on p. 304, informing of his recall.]
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with a Letter1 from their High Mightinesses and Memoire2 from himself which accompanied it.
[Note 1: 1 Papers of the Continental Congress, No. 59, IV, pp. 369--370, original in Dutch. This is the letter of recall of Peter John van Berckel, dated May 8, 1788. The letter, original in Dutch, of their High Mightinesses to the United States in Congress Assembled, August 1, 1788, announcing the appointment of Peter Francis van Berckel, as minister to succeed his father, Peter John van Berckel, is in Papers of the Continental Congress, No. 59, IV, pp. 385--386, with translation in Papers of the Continental Congress, No. 99, p. 307.]
[Note 2: 2 Papers of the Continental Congress, No. 99, pp. 302--303, original in French with translation on pp. 304a--305, dated August 25 and enclosed in letter of same date.]
With great Esteem, etc.,
John Jay.3
[Note 3: 3 August 28, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 204 the following committee was appointed:
Mr. Abraham Clark, Mr. Edward Carrington and Mr. Nathan Dane ou a letter of the Secretary at War, March 10, 1788, respecting lands appropriated for bounties to the late army. Report rendered September 25, 1788. See March 12, July 16 and 17, 1788]
His Excellency
The President of Congress.
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