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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, SEPTEMBER 11, 1788.
Congress assembled present as before.
On motion3 of the delegates of Virginia
[Note 3: 3 Papers of the Continental Congress, No. 20, II, p. 345, in the writing of Mr. Cyrus Griffin (?). The original motion is indorsed as passed September 10, 1788. See August 20 and September 10, 1788.]
Ordered that the said delegates have leave to transmit to the executive of the said state a copy of the report of the board of treasury made the 10th instant relative to the admission of the books of the treasurer and auditor as authentic documents for certain advances of money on account of the United States.4
[Note 4: 4 A concluding phrase, reading, "the vouchers for which have been destroyed by the enemy", was crossed off in the original.]
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[Report of Secretary of Congress on memoire of P. R. Randall1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 80.]
Sept. 11, 1788.
On the memorial2 of P. R. Randal stating that in the year 1785 he was sollicited by Mr Adams, and Mr Jefferson to go with J Lamb to Algiers in quality of secy . and was promised 150 guineas as a salary for that service, that with a hope of serving his country he accepted the Office and went on the business but hath not received any part of the salary promised and therefore praying that the stipulated salary be paid him
[Note 2: 2 See September 10, 1788.]
The Secy of Congress reports
That the Memorial of Mr Paul R Randall be referred agreed to to the board of treasury to enquire into the facts therein set forth and take order.3
[Note 3: 3 The reference in accordance with the recommendation of the report is entered in the Committee Book, Papers of the Continental Congress, No. 190, p. 206.]
[Report of committee on claim of Baron de Steuben4]
[Note 4: 4 Papers of the Continental Congress, No. 19, V, pp. 495--496 (6 pages), in the writing of a clerk. Read September 11, 1788. A cover on p. 493b bears the following endorsement, by Roger Alden, "These papers were collected from different files by Comee . on meml of Baron Steuben. The report not being acted on they are preserved together in case it should again be brought into view by the future Government. 1789." See June 4, July 7, 9, 25 and August 25, 1788.]
The Committee [consisting of Mr. James Madison, Mr. Theodore Sedgwick, Mr. Alexander Hamilton, Mr. Edward Carrington and Mr. Thomas Tudor Tucker] to whom was committed the report of a Committee on the Memorial of the Baron De Steuben and the papers accompanying the same Report.
That it appears by the said Papers that the Baron De Steuben claims a settlement with the United States on the bassis of a Contract alleged to have been made with Congress previous to his joining the American Army. That in support of his Claim the Baron makes
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a statement1 of the manner in which he supposes the Contract to have been formed in the following words.
[Note 1: 1 A notarial copy of this statement, together with the certificates of Dr. Witherspoon, Mr. Gerry and Mr. Duet, mentioned below, as well as Washington's copy of the report of the Committee which received Baron de Steuben and letters of James Duane, October 16, 1787 and G. Washington, November 10, 1787, to Steuben, are in Papers of the Continental Congress, No. 19, V. pp. 565--572.]
At the arrival of Baron de Steuben in the year one thousand seven hundred and Seventy Seven, he was received by Congress with Marks of Distinction, and the day after his Arrival, was waited on by a Committee of Congress, composed of Doctor Witherspoon, Mr Henry of Maryland, and a third whom at this tune he cannot recollect. This Committee demanded of the Baron the Conditions on which he was inclined to serve the United States and if he had made any stipulation with the Commissioners in France? He replied that he had made No agreement with them, nor was it his intention to accept any rank or pay, that he wished to join the army as a Volunteer and to render such services as the Commander in Chief should think him capable of, adding that he had no other fortune than a Revenue of about Six hundred Guineas Per Annum, arrising from places and posts of Honor in Germany which he had relinguished to come to this Country, that in Consideration of this he expected the United States would defray his Necessary expences while in their Service, that if unhappily this Country should not succeed in establishing their Independance, or if he should not succeed in his endeavours for their Services, in either of these Cases he should Consider the United States as free from any Obligations towards him, but if on the other hand the United States should be happy enough to establish their freedom, and that he should be successfull in his endeavours, in that case he should expect a full indemnification for the sacrifice he had made, in coming over, and such marks of their generosity as the Justice of the United States should dictate. That if these terms were agreeable to Congress, he waited only their Orders to join the Army without delay. The Committee were pleased to applaud the generosity of his propositions in thus risking his fortune on that of the United States. The Committee then left him, in order to make their report. The next day Congress gave him an Entertainment, after which the President Mr . Laurens, told him it was the desire of Congress, that he should join the Army without delay, which he did.
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That this statement is accompanied by three Certificates; one from Doctor Witherspoon dated Princeton Nov. 1. 1785, by which the Doctor Certifies among other things, that he was one of the Committee who waited on the Baron de Steuben at York Town, and that he is "sensible that the above Statement, is a just and fair account of what passed on that occasion"; another from Mr . Geary dated New York 23 Nov. 1785, in which he certifies among other things "That having a Seat in Congress at the time of the Barons arrival at York Town, he well remembers the Facts contained in his Statement, except what relates to the Entertainment, which he doubts not was provided, and to the time of the Baron's arrival at that place, which was in the beginning of the Year 1778, and that in Questions agitated in Congress, while he has been a Member, respecting the allowance to be made the Baron he has considered his Claim for a full indemnification and Compensation as a Claim of Justice founded in the verbal Contract of the Parties"; and a third from Mr . Duer in which he certifies among other things; "That he was a Member of Congress and of the Board of War when the Baron de Steuben arrived at York Town, and though he was not present when the Baron had his first Interview with the Committee of Congress, being absent for a few days on a visit to Manheim, he perfectly remembers that the Account he received on his return to York Town of the Engagements entered into with the Baron Steuben by Congress was perfectly similar to that which the Baron has above Stated".
That it also appears from the said Papers, that in January 1778 Congress received a Letter from the Baron Do Steuben Dated Portsmouth December 6, 1777, which Letter among other things contains this declaration "that he had made No Conditions with the Deputies of Congress in France, and that he should make none with them." That in Consequence of this letter Congress resolved, that the President should present the Thanks of Congress to the Baron for the Zeal he had shewn for the Cause of America, and the disinterested Tender he had made of his Military Talents, and enform him that Congress chearfully accepted of his Service as a Volunteer in the Army of these States, and wished him to repair to General Washington's quarters as soon as convenient. That it further appears from the said Papers that the Committee appointed to confer with the Baron, at York Town as before mentioned, consisting of Mr . Witherspoon Mr . Mr . M J L. Lee and Mr . Henry made at that time a written report to Congress in the Words following,
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"The Baron Steuben, who was a Lieutenant General and Aid Do 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, etca . 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 Washington. 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 proceeding 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 Offices which he may have relinquished in Germany, not any promise of such Indemnification made by Congress."
That your Committee perceiving in the two latter documents an appearance of repugnancy to the foregoing Statement by the Baron thought it proper to communicate them to Mr . Gerry in order that such Explanations as the Nature of the Case should admit might be afforded. That in Consequence of this Communication a letter has been received from Mr . Gerry addressed to a Member of your Committee, of which the following is an Extract, "I have received your Letter requesting any explanation which may serve to throw further light on the Subject" of the Baron de Steuben's claim, and enclosing an extract of a report lately made thereon. In answer thereto, I must observe that the distance of the period at which the Baron arrived at York Town is such, as to make it difficult if not impossible for a person to be very particular or positive in the Explanations requested; but the Embarrassments which resulted at that time, from the undisciplined state of our army, the Joy that ensued on the arrival of so experienced and respectable an Officer as the Baron, and the prospects afforded us by this Event of soon having an Army that could face the Enemy, were Circumstances in the progress of the War too important to be even at this late period, wholly forgot. As well as I can recollect, the Committee who first conferred with the Baron, made a verbal or parole report, in addition to and explanatory of their written report. The Baron had in Europe, as well as subsequent
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to his Arrival in America, been informed of the dissatisfaction of the American Officers, at the introduction of foreign Officers into our Army, many of whom having been totally disqualified for the offices they filled had produc'd in the Army a general aversion to the Appointment of such Officers, he was likewise apprized of the Jealousy that might prevail from any claim on his part, of rank or Emolument and that his Abilities would be of very little service to the Army, unless he could prevent their viewing him in an invidious light, and establish himself in their Love and Confidence. The Baron also conducted himself as an Officer having high Ideas of Honor, and an Opinion that it, would be not only derogatory to his own reputation to make any pecuniary stipulations with Congress, and thus degrade himself to a Soldier of Fortune, but that it would derogate from the Honor of Congress as a sovereign power, to suppose such Stipulations necessary for securing either their Justice or Generosity. For these reasons it appeared to me and to such of the Members of Congress as I then conferred with on the subject, that the Committee, had conducted properly in making the verbal report, the Substance of which has been communicated to Congress and is contained in the Baron's printed Statement1 of this Matter."
[Note 1: 1 Papers of the Continental Congress, No. 19, V, following p. 585.]
That from the whole Complection of the Evidence as above Stated, and upon all the Circumstances of the Case, Your Committee are of Opinion that it is not adviseable for Congress to take any definitive resolution respecting the validity of the Contract insisted on by the Baron. Your Committee are the rather inclined to this Opinion, as it appears that the Baron has not thought proper in any former Application to Congress to bring forward the Contract on which he now founds his Claim and as it also appears that shortly after his joining the Army he received an important Appointment therein to which were annexed regular emoluments which have been received by him together with the Commutation allowed officers of his rank as a reward for their Services. Nevertheless as the Baron do Steuben has rendered essential services to the United States during the late War, as considerable sacrifices were made by him in coming to this Country, as the Compensations which have been heretofore received by him, have, from the Embarrassments of the public finances, been made under Circumstances less favourable to enabling him to make compleat and permanent provision for his own
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Support, than was to have been wished, so that the sums paid him have been exhausted in defraying his Current Expences, and he remains incumbered with Considerable debts contracted in relation to his Voyage to America and entrance into the service of the United States. As it also appears that the Baron relies on the intimations stated to have been given him by the Committee with whom he conferred at York Town as amounting to a Contract, and that taking them to have been as stated (whatever may be the true construction of the transaction) they were calculated to produce the expectations he entertains, your Committee upon the whole are of opinion that the Dignity and Justice of the United States require some further compensation and indemnity to the Baron for his services and Sacrifices; and to extricate him from the Embarrassments under which he now labours.
Wherefore your Committee submit the following Resolutions,
That the Baron de Steuben be allowed the sum offor discharging the debts owing by him on account of monies borrowed by him for the purpose of Coming to America, and of making the Necessary preparations to enter into the Service of the United States. And that the Board of Treasury take order for the payment of the said Sum as soon as may be consistent with the state of the Finances.
That the Baron de Steuben be further allowed during his life the yearly sum ofto commence from theday ofProvided that the United States may whenever they think proper discharge the said Annuity by paying to the Baron the value thereof on a Calculation of Interest atPer Cent.1
[Note 1: 1 September 11, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 206, the following committee was appointed:
Mr. Alexander Hamilton, Mr. William Irvine, Mr. Nathan Dane, Mr Thomas Tudor Tucker and Mr. Jonathan Dayton on the memorial of J. Mercier, U. Hay, D. Franks and J. Bindon respecting the Canadian refugees. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 39, this memorial was received (read) September 11, 1788, but as the committee did not report it is not among the Papers of the Continental Congress.]
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