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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 --WEDNESDAY, SEPTEMBER 3, 1788.
Congress assembled, present Massachusetts Connecticut New York New Jersey Pensylvania, Delaware Maryland Virginia North Carolina South Carolina and Georgia and from New hampshire Mr [Paine] Wingate and from New York Mr [Abraham] Yates.
On a report1 of a comee consisting of Mr [Abraham] Clarke Mr [Hugh] Williamson and Mr [James] Madison to whom was referred a memorial of John Etwein of Bethlehem, president of the brethrens society for propagating the Gospel among the Heathen.
[Note 1: 1 Papers of the Continental Congress, No. 19, II, pp. 229--230, in the writing of Charles Thomson and Mr. Abraham Clark. Read and passed September 3, 1788. This proceeding was also entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, pp. 67--70. See September 2, 1788.]
Whereas the United States in Congress assembled by their Ordinance2 of the 20 May 1785 among other things ordained that the towns of Gnadenhutten, Schoenbrun and Salem with lands adjoining to the said towns be reserved for the sole use of the Christian Indians who were formerly settled there or the remains of that society; and by an act 3 of the 27 July 1787 directed the board of treasury to except and reserve out of any contract they might make pursuant to an Order4 of the 23 of the same month a quantity of land around and adjoining to each of the before mentioned towns amounting in the whole to ten thousand acres and ordered the property of the said towns and reserved lands to be vested in the Moravian brethren at Bethlehem in Pensylvania or the Society of the said brethren for5 civilizing the Indians and promoting christianity (or as they are called The society
[Note 2: 2 Journals, vol. XXVIII, pp. 375--381.]
[Note 3: 3 Journals, vol. XXXIII, pp. 429--430.]
[Note 4: 4 Journals, vol. XXXIII, pp. 399--401.]
[Note 5: 5 At this point in the original report the phrase, "propagating the Gospel among the heathen", is crossed off.]
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of the United brethren for propagating the Gospel among the Heathen) in trust and for the uses expressed in the said Ordinance, including others as mentioned in the said act of 27 July 1787; and whereas it has been agreed that the plot of each of the towns should be estimated at 666 2/3 acres so that each town and the reserved land adjoining shall make a tract of four thousand acres; and whereas the remnant of the said Christian Indians are desirous of returning to their towns as speedily as possible, and the United brethren to facilitate this without loss of time have offered to advance the expences of surveying the three tracts on condition they be repaid either in Money or land,1
[Note 1: 1 The concluding part of this paragraph, which is crossed off in the original report, reads as follows: "and it appearing that the Geographer of the United States is well convinced of the practicability of his being able to return plats of the said Surveys into the treasury office before the commencement of the ensuing year, without interfering with the business he is now on his way to execute".]
Ordered That the geographer of the United States survey or cause to be surveyed as speedily as possible without interfering with the business he is sent to execute, the three tracts of Gnadenhutten, Shoenbrun and Salem on the Muskingum including the reserved land adjoining each of the said towns and return plats thereof to the board of treasury, that deeds may be issued for the same as is mentioned above; and that he also survey or cause to be surveyed the intermediate spaces, if any there be between the said three tracts and return plats thereof with an account of the expence to the board of treasy.2 and that the said board, provided it can be done without infringing any contract they may have already made, convey the same to the said United brethren or the society of the said brethren for propagating the Gospel
[Note 2: 2 Roger Alden takes up the entry.]
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among the heathen, upon their paying1 for the said intermediate space or spaces when the said surveys shall be returned by the Geographer, at the rate at which such lands are granted to others, and also the expences attending the surveying and plotting the said spaces, deducting the sum advanced for surveying the three tracts, provided that in case any of the abovementioned lands shall fall within the supposed bounds of the million of acres reserved for the late Army, that the said bounds shall be understood to extend so far to the westward as to include the million of acres exclusive of the abovementioned lands.
[Note 1: 1 The portion of the resolve from this point to the end was written in the original report by Mr. Abraham Clark in substitution for another clause which is crossed off and reads as follows: "into the board of treasury for the said intermediate spaces or tracts when the Surveys are returned at the rate at which such lands are granted to others and also the expence attending the surveying and plating the said intermediate spaces deducting the sum advanced for surveying the three tracts."]
2The motion 3 which was yesterday made by Mr [Pierpont] Edwards seconded by Mr [Theodore] Sedgwick being again moved and read
[Note 2: 2 Charles Thomson resumes the entry.]
[Note 3: 3 Upon the subject of the organization of the government under the Constitution. See July 8, September 2, 4 and 13, 1788.]
A motion was made by Mr [Joshua] Seney seconded by Mr [David] Ross to amend the same by inserting the words "and that the city of Annapolis in the state of Maryland be the place" immediately after the words "be the time" and on the question to agree to this Amendment the yeas and nays being required by Mr [Joshua] Seney,
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So the question was lost.
1The secretary for the department for foreign Affairs having transmitted2 to Congress a letter from their high Mightinesses the states general of the United Netherlands and a memoire of from Mr Van berckel their Minister plenipotentiary to Congress, of which the following are translations
[Note 1: 1 From this point to the end of the day the proceedings were entered by Charles Thomson and Roger Alden, in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1701--1705. The answers of Congress were also entered by John Fisher and attested by Charles Thomson in the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 427--429. Charles Thomson begins the entry.]
[Note 2: 2 See August 28, 1788.]
To the United States of America in Congress assembled
Our friends and Allies,
Various reasons conducive to our interest have induced us to recal Mr Van Berckel home, who has resided some time with you as our Minister plenipotentiary. We trust that his conduct during his residence with you3
[Note 3: 3 Roger Alden takes up the entry.]
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has merited your approbation, as it has fully merited ours, and that You will have the goodness to part with him in a friendly manner.
We have charged him previous to his departure to assure You of our continued regard for Your persons and Government, and of our disposition to maintain with You good friendship and intercourse. We request that you will please to give full faith to the assurances he shall make You relative thereto on our behalf, and of the continuance of our Affection, wherewith we conclude, Our friends and Allies, recommending You to Gods holy protection.
At the Hague
the 8th May 1788.
The States General of the United Netherlands
W. N. Pesters.
By order, H. Fagel
To the United States of America,
Memoire.
The undersigned Minister Plenipotentiary of the States General of the United Netherlands, has the honor to inform Congress, that he has received a Resolution, by which their High Mightinesses have been pleased to recall him. He thinks it his duty to deliver the letters which his Masters have addressed to him on this subject, and thereby perform without delay the last function he has to fulfil.
It is with the highest satisfaction that he percieves himself authorised to repeat the Assurances of friendship and good will which he made at the commencement of his ministry; and to declare in the name of his Masters, that they constantly desire to promote and confirm the harmony and good understanding which so happily subsist between the two Nations.
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Could their High Mightinesses have been apprized of the important [change1] made by the United States in their Government, they would probably have ordered the Undersigned Minister to testify how ardently they wish, that this revolution may conduce to the grandeur, the prosperity and duration of a republic, whose success cannot fail to be exceedingly dear to them.
[Note 1: 1 This word, omitted from the Journal, is supplied from the original translation in Papers of the Continental Congress, no. 99, p. 304 b.]
To these Assurances of Attachment and good will on the part of his masters, the undersigned Minister cannot forbear to add expressions of the lively gratitude with which he is impressed by the gracious reception he has experienced during his residence for several Years near Congress. He has been a witness to the efforts made by this Assembly, to establish the Government confided to them on a solid and permanent basis. His communications to his Masters have always been calculated to impress them with the importance of this Object, and to cherish the friendly dispositions of their High Mightinesses.
He flatters himself that his conduct has been such as to leave no doubts respecting the purity of his Intentions, and his attachment to the reciprocal Interests of the two powers. It would give him the highest satisfaction to be ascertained, that his exertions have conduced to confirm the connection, and strengthen the commercial and political relations which one of the most happy and important of revolutions had formed between them.
May the great Arbiter of events be propitious to the measures now pursuing by all the members of the Confederacy, and may the Government about to be established ensure prosperity to a Nation, who from their Origin have astonished Europe, and whose situation,
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internal Resources and political constitution, as well as the moderation and patriotism of their Counsels destine to become one of the most great, most powerful and most happy in the world.
New York 25th . Augt . 1788
(signed) P. J. Van Berckel
1And the said letter and memoire having been referred to the Secretary for foreign Affairs who reported2 an Answer to their High Mightinesses which was agreed to as follows
[Note 1: 1 Charles Thomson resumes the entry.]
[Note 2: 2 Papers of the Continental Congress, No. 81, III, pp. 83--85, read September 3, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 205, the report was referred back to the Secretary for Foreign Affairs to take order.]
To their High Mightinesses the States general of the United Netherlands,
High and Mighty Lords, Our Good Friends and Allies
Mr Van berckel your minister plenipotentiary near us has delivered to us your letter dated the 8th of May last in which you inform us that reasons conducive to your interest have induced you to recall him.
It gives us pleasure to find that his conduct here has fully merited your approbation and we assure you that it has been entirely satisfactory to us. He appears to us to deserve well of both countries and to merit proofs of the esteem of both. We are happy to receive from him by your order, such strong assurances of the continuance of your affection and we entreat you to be persuaded that we shall constantly endeavour to render the friendship subsisting between us as permanent as it is pleasing.
We recommend you to God's holy protection and keeping. Written by your good friends and allies the
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United States of America in Congress assembled at the city of New York on the third day of Sep 1788.
He also reported an answer to the Memoire of Mr Van Berckel which was agreed to and referred back to him to take order and is in the words following
1Sir: In obedience to the orders of Congress, I have the honor to inform You that being desirous that the most perfect harmony and friendship should subsist and continue between their High Mightinesses and them, they were always solicitous that the Affairs of the two countries relative to each other should be conducted by men whose characters and dispositions tended to promote those great and desireable objects.
It gives them pleasure to find from the letter of the States General, that Your conduct during Your residence here is fully approved by their High Mightinesses; And I am directed to assure You that it has been perfectly satisfactory to Congress. Every mark of confidence and esteem with which You may in future be honored by your country will afford them satisfaction, and they sincerely wish that public respect, and domestic happiness may conspire in rendering the remainder of Your days useful to others, and agreeable to Yourself.
[Motion of Mr. Lee respecting resolutions for appropriations2]
Whereas in the course of the late war, and since the conclusion of the peace resolves of Congress have been passed, appropriating public money, and are not to be found on the printed Journals, which irregularity hides from the knowledge of the community the application of their common treasure.
[Note 2: 2 Roger Alden again takes up the entry.]
[Note 2: 2 Papers of the Continental Congress, No. 36, III, p. 417, in the writing of Mr. Henry Lee. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 205, the motion was referred to the committee of five on the Department of Finance, which was appointed July 7, 1788.]
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Resolved. That the board of treasury transmit to the Secretary of Congress a list of all such resolves not in their nature secret, that they may be affixed to the journals of the present year, for the information of the good people of the U S.
[Report of committee on the proposition of Pennsylvania for annexing jurisdiction1]
[Note 1: 1 Papers of the Continental Congress, No. 20, II, pp. 193--194 in the writing of Mr. Nathan Dane. Read September 3 and passed September 4, 1788. It is entered in the Journal under this latter date. See September 1, 1782.]
[Report of Secretary for Foreign Affairs respecting navigation of the Mississippi2]
[Note 2: 2 Papers of the Continental Congress, No. 81, III, pp. 147--151, read September 3, 1788. On September 4 the report was made order of the day for September 8. It was acted on September 16, 1788, under which date the report, with minor changes, is entered in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1711--1712.]
Office for Foreign Affairs
2d . September 1788
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Motion3 of the Honorable the Delegates of North Carolina in the Words following, Vizt .
[Note 3: 3 See July 14 and 15, 1788.]
"Whereas many Citizens of the United States who possess Lands on the Western Waters, have expressed much Uneasiness from a Report that Congress are disposed to treat with Spain for the Surrender of their Claim to the Navigation of the River Missisippi in Order therefore to quiet the minds of our fellow Citizens by removing such ill founded Apprehensions, Resolved that the United States have a clear, absolute and unalienable Claim to the free Navigation of the River Missisippi, which Claim is not only supported by the express Stipulations of Treaties, but by the great Law of Nature." Reports4......
[Note 4: 4 Here follows the text of the report which is entered in the Secret Journal.]
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[Letter of Secretary for Foreign Affairs on expences of Mr. Jefferson1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 569, read September 3, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 205, the subject was referred to a committee consisting of Mr. Hugh Williamson, Mr. Abraham Clark and Mr. Theodore Sedgwick. The letter is indorsed "not reported". See August 22 and October 2, 1788.]
Office for Foreign Affairs
3d . Sepr . 1788.
Sir: congress has been pleased to refer to me (to report) the Letter I had the Honor of writing to your Excellency, stating Mr . Jefferson's Doubts whether certain Expences should be borne by the united States or by him. Having been in a situation somewhat similar to his, this Reference places me in circumstances so delicate, that I cannot forbear requesting the Favor of congress to refer this Business to a Committee.
with sincere Esteem, etc.,
John Jay
His Excellency the Presidt . of Congress.
Letter of Secretary for Foreign Affairs on importation of convicts2]
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 565, read September 3, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 205, the letter was referred to the Secretary for Foreign Affairs to report. Report rendered and acted on September 16, 1788.]
Office For Foreign Affairs
3 Sepr . 1788.
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, an affadavit of Leonard White Outerbridge, respecting the Importation of Convicts into the united States by a british vessel. For this Information I am indebted to Sr . John Temple. a gentle Remonstrance on this Subject to the Court of London, would probably prevent such an improper Practice in future, as to the present
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Case, there is Reason to suppose that it arose from the unauthorized Interference of Lord Dunmore.
with great Respect, etc.,
John Jay1
[Note 1: 1 September 3, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 205 was referred to the Board of Treasury to report:
Letter of Governor of Virginia to the Delegates of Virginia, August 11, 1788, respecting pensions to invalids. Papers of the Continental Congress, No. 71, II, p. 655. Report rendered September 5, 1788.]
Excellency the President of Congress.
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