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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 --FRIDAY, SEPTEMBER 12, 1788.
Congress assembled present as before.
[Report of Board of Treasury on petition of Donald Campbell 1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 179--185, read September 12, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 615.]
The Board of Treasury to whom was referred the Memorial2 of Donald Campbell
[Note 2: 2 See September 8, 1788.]
Beg leave to Report to Congress,
That in consequence of the Resolve3 of Congress of the 19th. of April 1787, directing the Board to report fully on the Claims of the Memorialist, and to settle what was equitably due to him; the Commissioners of this Board investigated with attention his several Claims and reported4 specially on them to Congress on the 31st . of July 1787.
[Note 3: 3 Journals, vol. XXXII, pp. 215--216.]
[Note 4: 4 The Committee reported on July 30, 1787 (Journals, vol. XXXIII, pp. 430--436). Resolutions of Congress on the report were made July 31, 1787 (Journals, vol. XXXIII, pp. 439--440).]
That in consequence of this Report it was on that day resolved by that Honble. Body in the manner following.
"That there be allowed to Donald Campbell late Deputy Quarter Master General in the service of the United States the sum of Four thousand two hundred and sixty Dollars, being the amount of the pay due to him at the rate of Forty Dollars per month from the 17th . of July 1775 to the 2d . June 1784; being the period when the whole Army of the United States were disbanded; as also the further sum of four hundred and forty Dollars 49/90ths. on account of Arrearages of Rations of Provisions and forage due to him from the 1st . of January 1776 to the 13th . of February 1777, at which period he ceased to be in actual service."
"Resolved, That the above sums bear Interest at the expiration of each year, as they respectively became due; and that the same be in full of all Claims of the said Donald Campbell against the United States."
"Resolved, That the Memorial of Donald Campbell, praying that his Accounts as Deputy Quarter Master General which were finally adjusted on the 14th . November 1781, might be revised; and that the Principal and Interest of the Certificate by him received for the balance, should be discharged cannot be complied with."
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The Board further Report,
That, on the 11th . day of October last it was recommended1 by Congress to the State of New York, to pay to Donald Campbell the sum of Two thousand Dollars, on account of a Debt specified to be due to him from the United States, by the Resolve of the 31st . of July last, which sum appears to have been accordingly paid.
[Note 1: 1 Journals, vol. XXXIII, pp. 658--659.]
Hence it results, that the Claims of the Memorialist against the United States, and the payments made on the same are as follows.
On an Account of Supplies and Commissions whilst acting as Deputy Quarter Master General in Canada during the late War being 5,595.35 Dollars Principal a balance of 4000 Dollars, for the Amount of which a Certificate was issued to him by the Register of the Treasury.
On account of his pay, arrearages of Rations and Forage the sum of 4,700 49/90ths Dollars, principal.
That on account of the former he has received from the late Superintendant of Finance the sum of 1,595 35/90ths. Dollars, which is a far greater proportion, than has been received by almost every other Creditor of the Union, whose Claims had been liquidated and settled in the same mode with Mr . Campbells.
That on account of the latter he has received in pursuance of the Act of Congress of the 11th . of October last Two thousand Dollars in Specie; which the Board presume is as large a proportion of the sum due to him under this head as has been received in actual Specie by other Officers in the line of the army, very few instances (and such as the Board conceive ought not to form a precedent) excepted.
On the whole, the Board are of Opinion, that as neither the circumstances stated in the Memorial now referred or the nature of the Application, are in any wise different from what they were, when the United States in Congress entered into their Resolves of the 31st . of July 1787, it would be improper to comply with the present request of the Memorialist and therefore submit to the consideration of Congress the following Resolve.
That the prayer of the Memorial of Donald Campbell of the 1st . instt . cannot be complied with.
All which is humbly submitted.
Samuel Osgood
Arthur Lee
September 11th . 1788.
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On a report of the board of treasury to whom was referred a memorial of Donald Campbell
Resolved That the prayer of the memorial of Donald Campbell of the first instant cannot be complied with.
A motion1 being made by Mr [Henry] Lee seconded by Mr Gansevoort [Nicholas] Gilman in the words following
[Note 1: 1 See July 8, September 4 and 13, 1788.]
Whereas longer delay in executing the previous arrangements necessary to put into operation the federal government may produce national injury Resolved that the first Wednesday in Jany next be the time for appointing electors in the several states which before the said day shall have ratified the said constitution and that the first Wednesday in feby next be the day for the electors to assemble in their respective states and vote for a president and that the first Wednesday in March next be the time and the present seat of Congress the place for commencing proceedings under the said constitution.
A motion was made by Mr [Edward] Carrington seconded by Mr [James] Madison to amend the proposition by striking out the words "and the present seat of Congress be the place" and by adding "And 2whereas it is of great importance, that a government founded on the principles of conciliation and impartial regard to the Interests and accommodation of the several parts of the Union should commence in a spirit corresponding with these principles and under every circumstance calculated to prevent Jealousies in one part of the Union, of undue biass in the public councils or measures towards another part, and it is conceived that these desireable purposes will be much favored by the appointment of some place for the meeting of the new Government more central than the present seat of Congress, and which will at the same time be more likely to obviate disagreeable and
[Note 2: 2 Roger Alden takes up the entry.]
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injurious dissensions concerning the place most fit for the scat of federal business until a permanent seat be established as provided for by the new Constitution, Resolved thatbe the place for commencing proceedings under the new Constitution.
On the question to agree to this amendment the Yeas and Nays being required by Mr [Nicholas] Gilman,
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So the question was lost.
[Motion of Mr. Kearny on organization of the government under the Constitution1]
[Note 1: 1 Papers of the Continental Congress, No. 23, p. 111, in the writing of Mr. Dyre Kearny.]
Whereas from the great Diversity of Sentiment prevailing in Congress relative to the Place where the Said Government of the commencing of proceedings under the new Federal legislature should first convene for the transaction of the public Business. The organnisation
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of the said System of Governmt . as far as the Agency of Congress has been required thereto has met with undue procrastination by which high inconveniences must accrue to the union at large and much Dissatisfaction and Discontend derived to the Good People of the United States. And Whereas from the continued the same unhappy Cause of Delay still exists and there is but little apparent likelihood that such accommodation will result as to gain the assent of the United States in Cong Assembled to any Place for the meeting of the sd . Government, and whereas Nevertheless it is of the highest importance to the Welfare of the Union and that such steps be pursued by Congress as will tend as far as in their Power lies to promote the great End the measures recommended to their Attention by the late Federal Convention. Therefore Resolved That the first Wednesd etc.
and that the first wednesday in March next be the time for commencing Proceedings under the Said Constitution at Such Place as Congress shall hereafter appoint.
A motion was then made by Mr [Dyre] Kearny seconded by Mr [Nathaniel] Mitchell to strike out the words "and that the first wednesday of March next be the time, and the present seat of Congress the place for commencing proceed under the new Constitution", and on question shall those words stand, the yeas and nays being required by Mr [Nathaniel] Mitchell,
{table}
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So it was resolved in the affirmative.
The motion being then amended to read as follows, Whereas the convention Assembled in Philadelphia pursuant to the resolution of Congress of the 21st . Feby . 1787, did on the 17th . of Sept . in the same year, report to the United States in Congress Assembled a constitution for the people of the United States. Whereupon Congress on the 28th . of the same September did resolve unanimously, "that the said report with the resolutions and letter accompanying the same, be transmitted to the several legislatures in order to be submitted to a convention of Delegates chosen in each State by the people thereof, in conformity to the Resolves of the Convention made and provided in that case." And whereas the Constitution so reported by the Convention, and by Congress transmitted to the several legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications duly authenticated have been received by Congress, and are filed in the office of the Secretary, therefore Resolved, that the first wednesday in January next be the day for appointing Electors in the several States, which before the said day shall have ratified the said constitution; that the first wednesday in Feby next be the day for the Electors to assemble in their respective States, and vote for a President, and that the first wednesday in march next be the time, and the present seat of Congress the place for commencing proceedings under the said Constitution.
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When the question was about to be put the determination thereof was postponed till tomorrow by the State of Delaware.
[Report of Secretary for Foreign Affairs on Mr. Barclay's letter1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 87--90, read September 12, 1788.]
Office for Foreign Affairs
12th . September 1788
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter2 from Mr Barclay, containing Intelligence that the Emperor of Morocco had been pleased to order, "that american Vessels arriving in his Ports should pay no more Duties than five per cent on the value of the Goods imported, and that the said Regulation shall remain in force for three Years."
[Note 2: 2 See May 30 and June 2, 1788.]
Reports.
That as this Intelligence is communicated to Mr. Barclay by Joseph Chiappi the american Agent at Mogadore, there can be no Doubt of its being authentic, and although it may not be very important to the Commerce of this Country while at War with Algiers, Tunis and Tripoli, yet it should in his Opinion be made public by Authority in the following Manner, vizt .
Congress having been regularly informed that his Imperial Majesty, the Emperor of Morocco, had been pleased to ordain, "that american Vessels arriving in his Ports with Merchandize shall pay no moro Duties than five per Cent on the Value of the Goods imported, and that the said Regulation" (which is dated at a Period corresponding to the 2d . March 1788) "shall remain in force for three Years."
Ordered that the same be published.
As the Favor was unsolicited and gratuitous, your Secretary thinks it would be proper as well as politic for Congress to express to the Emperor the Sense they entertain of it, in a Letter of the following Tenor, Vizt .
Great and magnanimous Friend
We the United States of America in Congress assembled have been imformed by Means of Mr. Joseph Chiappi at Mogadore, that your Imperial Majesty has been pleased to order, that our Vessels arriving in your Ports with Merchandize, shall pay no more Duties than five
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per Cent on the value of the Goods imported, and that the said Regulation shall continue in force for three Years.
This distinguished Proof of your Majesty's Friendship, calls upon us to embrace the earliest Opportunity of presenting to you our Thanks and Acknowledgments. We regret that the Hostilities of Algiers, Tunis and Tripoli, will not at present permit our Merchants to avail themselves of your kind Intentions towards us, in the Extent which they might otherwise do. Be assured however that we shall remember your Kindness, and that the Friendship you have shewn us in this and former Instances, shall be recorded in our Annals and transmitted to our Posterity.
We pray God to preserve and bless your Imperial Majesty. Written by your good Friends and Allies the United States of America in Congress assembled at the City of New York theDay of1788.
Your Secretary further reports that in his Opinion the aforegoing Letter should be transmitted to Mr . Chiappi, to whom it would be proper for him to write as follows, Vizt .
Sir: An Extract of your Letter, which informs Mr . Barclay that his Imperial Majesty the Emperor of Morocco had been pleased to order, that the american Vessels arriving in his Ports should pay no more Duties than five per Cent etc:, has been communicated to Congress.
In obedience to their Orders I have the Honor of transmitting to you herewith enclosed, a Letter which they have written to his Majesty on the Occasion, and which you will be pleased to deliver. You will find a Copy of it enclosed for your Information.
I am directed, Sir, to assure you, that Congress are well pleased with your Care and Dispatch in communicating this Intelligence, and that your Attention to their Interests shall not fail to recommend you to Proofs of their Approbation.
I have the Honor to be etc.
If the Finances of the United States would admit of it, your Secretary would recommend that some pecuniary Compensation be made to Mr . Chiappi for his Services as their Agent; and he also takes the liberty to hint that the present friendly Disposition of the Emperor, offers the United States an Opportunity of obtaining and using his Influence at Constantinople in negociating and concluding such a Treaty with the Porte, as would probably ensure the effectual Interposition of that Court with Algiers, Tunis and Tripoli; especially
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considering the pecuniary Aids which the Emperor has lately afforded to the Turk, who also would naturally be pleased to receive such an Overture at a Time, when a War with two of the most powerful Christian Nations tended to render his Respectability and Consideration more questionable and precarious in the Eyes of other Nations; and when the public Exigencies, enhanced by that War, might render an uninterrupted Trade with America in some degree convenient and desireable to him.
All which is submitted to the Wisdom of Congress,
John Jay
[Letter from the Office of the Secretary at War respecting Southern Indians1]
[Note 1: 1 Papers of the Continental Congress, No. 150, III, p. 345, read September 12, 1788. The enclosures are copies of Col. Martin's letter, pp. 361--363 and its enclosures: a letter of the Justices of the Court of Abbeville County to the people of Nole-chucke, French Broad and Holstein, July 9, 1788, pp. 349--352, letter of Robert Anderson to Col. Tipton, July 12, 1788, p. 353 and Resolutions of the Council of officers of Washington district, August 19, 1788, p. 357.]
War Office September 12th . 1788.
Sir: In the absence of the Secretary at War I have the honor to transmit to your Excellency, the copy of a letter received yesterday from Joseph Martin Esquire Agent for the Cherokee and Chickasaw Nations of Indians dated North Carolina Washington District August 23d . 1788, with three enclosures.
I have the Honor to be, etc.,
Wm . Knox.2
[Note 2: 2 September 12, 1788. According to indorsement was read:
Memorial of John Henry Ebert, a Canadian of Hazen's regiment, asking for pecuniary assistance. Papers of the Continental Congress, No. 41, III, p. 147. It is indorsed as filed September 13, 1788.]
His Excellency
The President of Congress.
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