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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 25, 1788.
Congress assembled present Massachusetts Connecticut New York New Jersey Virginia North Carolina and South Carolina and from New hampshire Mr [Nicholas] Gilman from Rhode island Mr [Peleg] Arnold from Pensylvania Mr [James R.] Reid and from Delaware Mr [Dyre] Kearny.
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[Report of committee on land bounties for officers1]
[Note 1: 1 Papers of the Continental Congress, No. 27, p. 363, in the writing of Mr. Abraham Clark. Indorsed as read September 23, which is apparently an error. See March 12, July 17 and August 28, 1788.]
The Committee consisting of Mr . [Abraham] Clark Mr . Edward] Carrington and Mr . [Nathan] Dane to whom were referred a report of the Secretary at War, report,
That Congress by their Acts2 of the 16th . and 18th . of Septemr . 1776, granted bounties of Land to the Officers and Soldiers who had engaged or should engage in the Service, and continue therein to the end of the War, or untill discharged by Congress and to the representatives of such Officers and Soldiers as should be slain by the Enemy. That upon a New Establishment of the Army in 1778, many of the officers at that time in Service were left out as Supernumerary, in Consideration whereof it was on the 24th . of Novemr . in said year, Resolved, That Congress gratefully Acknowledge the faithful services of such Officers, and that all Supernumerary Officers be entitled to one years pay of their commissions respectively, to be computed from the time such Officers had leave of Absence from the Commander in Chief on this account. That whatever might have been the intention of Congress, your Committee cannot find it any where declared or intimated that the allowance of one years pay should be considered as a full compensation for their services, or intended in any wise to exclude them from their bounties of Land; whereupon the following resolution is Submitted,
[Note 2: 2 Journals, vol. V, pp. 763 and 781, respectively.]
That the Secretary at War be, and he is hereby instructed to consider all those officers who became Supernumerary by the Arrangement of the Army in the years 1778 and 1779, As entitled to the bounties of Land granted by Congress in Septemr . 1776, and to issue Warrants accordingly.
[Report of committee on memorial of B. Tardiveau3]
[Note 3: 3 Papers of the Continental Congress, No. 19, VI, pp. 9--10 in the writing of Mr. Abraham Clark. Read September 1788. As there is no indication of the day of the reading, this report is printed on the first day on which business was transacted after the appointment of the committee. See September 17, 1788.]
The Come . consisting of Mr . [Abraham] Clark Mr . [Hugh] Williamson and Mr . [James] Madison to whom were referred the memorial of Mr . Tardiveau Agent of the French and American Inhabitants of the
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Illinois and Post St Vincents, report, that in and by the Ordinance1 for the Government of the Western territory passed the 13th . day of July 1787, it is ordained that, "there shall be neither Slavery nor involuntary Servitude in the said territory otherwise than in the punishment of Crimes whereof the party shall have been duly convicted. And Whereas since the passing of said Ordinance it appears there were at that time Negroes under Servitude to the inhabitants then residing at Kaskaskies Illinois Post St . Vincents and other of the Antient French Settlements whose Right to the property they possessed were guaranteed by Congress in their Act2 Accepting the Cession3 of Claim to Western territory made by the State of Virginia; which Right of property it was not the intention of Congress to violate by said Ordinance but merely to restrain the Settlers in future from carrying persons under Servitude into the Western territory, for remedy whereof,
[Note 1: 1 Journals, vol. XXXIII, p. 343.]
[Note 2: 2 Journals, vol. XXVI, p. 116.]
[Note 3: 3 Original cession, engrossed on parchment, is in Papers of the Continental Congress, Cessions of Western Lands.]
Resolved, That the before mentioned Ordinance for the government of the Western territory, shall not be construed to deprive the Inhabitants of Kaskaskies Illinois Post St . Vincents and the other Villages formerly settled by the French and Canadians, of their Right and property in Negro or other Slaves which they were possessed of at the time of passing the said Ordinance, or in any manner to Manumit or Set free any such negroes or other persons under Servitude within any part of sd . Western territory; any thing in the said Ordinance to the contrary notwithstanding.
And Whereas Congress by their Acts of the 20th . of June and 29th . of August last, took measures for confirming in their possessions and Titles all the French and Canadian Inhabitants and ethers, Settlers at or near the Rivers Mississippi Illinois and Wabash, who on or before the year 1783, had professed themselves Citizens of the United States or any of them, and for laying off the several tracts which they rightfully claim within certain limits. And also in and by said Acts directed the laying of certain tracts of Land of such extent as to contain four hundred acres as bounties donations to each of the heads of families in the districts therein mentioned to be divided among them by lot, but omitted melting any grants of land for Supporting
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Religion and for Schools of education as had been done in the Sales of Land in the western territory; for Supplying which Omission,
Resolved that before any of the Tracts of Land directed by the above mentioned Acts as donations to the heads of families, shall be laid of, there shall be laid out two Tracts ofLand of Acres each Adjoining to each Village not the property of any of the Inhabitants of such Village; one of which said tracts adjoining each Village shall be and remain forever to the sole and only use of Supporting the ministry of the Gospel Religion in such Village, and the other of said tracts to remain in like manner for supporting Schools of education in the Village it adjoins, any thing in the Acts of Congress of the 20th . of June or 29th . of August last, to the contrary notwithstanding.
[Report of Board of Treasury on accounts of M. Beaumarchais1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 87--105. This report is indorsed as read September 23, but is entered in the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 40 as received (read) September 25, 1788. The covering letter of the Board which is indorsed as read September 25, 1788, is in Papers of the Continental Congress, No. 140, I, p. 623. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 207, the report was referred to a committee consisting of Mr. Edward Carrington, Mr. Hugh Williamson and Mr. Abraham Clark, which reported September 30, 1788. The subject was acted on October 1, 1788. The report bears the following indorsement: "N. B. All reports on this subject under names of Chevallie, L'Vaigneur etc. are filed with reports under the name of Beaumarchais. The accounts with Mr. Deane's in Iron chest." See June 20. 1788.]
The Board of Treasury to whom it was referred to Report on the Accounts and Claims of Caron De Beaumarchais, have carefully examined such Documents as they are in possession of, and beg leave to submit to Congress the following facts and observations Vizt .
That the accounts of Mr . Beaumarchais, as certified by Mr . Silas Deane on the 6th . day of April 1781, amount to 5.106.599:11:6 Livres Tours .
That the balance claimed by Mr . Beaumarchais, as due on this Account on the 1st . July 1783, is 3.309.491:0:4 Livres Tournois, with an Interest of 6 per Cent per Annum, amounting at this time nearly 1.000.000 of Livres; so that the whole of his claim is about 900.000 Dollars.
That the amount debited against the United States has no other Voucher to support it, than a copy of a Certificate, said to have been signed by Silas Deane, dated Paris the 6th . day of April 1781.
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That Mr . Beaumarchais' claim against the United States, arises from Eight Cargoes said to have been shipp'd to America in consequence of a verbal agreement made with Mr . Silas Deane, and from Commissions, Freight and Insurance.
That four of the above Cargoes came to the use of the United States through the hands of John Langdon Esqr . at Portsmouth. That two of the Cargoes arrived at Martinico, and were received in whole, or part by Mr . William Bingham. And that two other Cargoes arrived at Cape Francois, and are said to have been delivered to Mr . Carabasse, Agent of Mr . Beaumarchais, for the use of the United States.
That no evidence is produced to show that these two last Cargoes amounting to, Livres 1.303.922:11:9 ever came to the use of the United States; but on the contrary, when a Frigate in the year 1780, was sent on purpose to bring them, the Agent at the Cape, by his Original Letter in this Office, refused to deliver them, alledging, that he had dispatched part of the Cargoes to the Continent; but that though he had large quantities on hand, he could not make any further Shipments without the express Orders of his Principal.
That Mr Silas Deane informed Doctor Franklin and Mr . Lee his Colleagues in the Commission to the Court of France, that the Accounts of Mr . Beaumarchais contained private as well as public transactions.
That Doctor Franklin, Mr . Lee and Mr . Adams in their Letter to the Count de Vergennes, state that they had always understood, and that Congress had been informed, that the supplies sent out from Mr . Beaumarchais, were only made through him, as a private Agent of the Court, and that, In confirmation of this, we find, that the United States are charged with a Million of Livres said to have been advanced for the service of the United States on the 10th . of June 1776; before Mr . Deane the first Agent could have arrived at Paris.
That the Commissioners at the Court of Versailles, in consequence of the Act1 of Congress of the 13th . April 1778, and of a Contract made by the Commercial Committee by order of Congress, with the Agent of Mr . De Beaumarchais, were instructed by the Commercial Committee to adjust and settle those Accounts, and that Mr . Beaumarchais did refuse to account with them.
[Note 1: 1 Journals, vol. X, p. 342.]
The Board beg leave farther to observe, that Mr . Silas Deane with whom these Shipments are said to have commenced, was one of five
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Contractors, who undertook on the 10th . February 1776 to import sundry Articles for the Indians, to the Amount of £40.000 sterling, on Account of which Contracts they received out of the Treasury, shortly after £45.000 Sterling Dollars at 4/6. Mr . Deane also received a Commission and Instructions from the Committee of secret Correspondence on the 2d . of March 1776. These Instructions directed him to appear as a Merchant from Bermuda for some time, and to procure Clothing for 25.000 Men. Thus Commissioned and Instructed he left America in April 1776, arrived on the 24th . at Bermuda; left that place on the 4th . May, and arrived at Bourdeaux on the 6th . June following, at which place he appears to have staid some days previous to his Journey to Paris; so that the advance said to have been made by the Court of France for the Service of the United States on the 10th . of that month could not (as we have before observed) have been made to that Gentleman.
With the Papers of this Committee are to found several of Mr . Deanes most important Papers and Letters relative to Business, though it is evident by his references that many of his Letters are missing. He refers to letters giving an account of his arrival at Bourdeaux, and his transactions there, and also to a letter giving au account of his first conference with the Count De Vergennes, none of which are to be found. In one of his Letters addressed (as we may judge from its Contents) to the Contractors for Indian Goods, he states "that Mr . Beaumarchais furnished the Supplies ostensibly, but that they really came from a higher Source; and also, that he had procured the Indian Goods from the same quarter.
We cannot ascertain by what authority Mr Deane undertook in 1781, to adjust and settle Mr . Beaumarchais accounts. If Congress should be of opinion that he had no authority (which we doubt not will be the case, as there was then in Europe a Gentleman appointed by Congress for this purpose) before any decided Opinion can be given as to the Amount due from, or to, Mr . Beaumarchais, it will be necessary to be possessed of his Original, Accounts and vouchers. This Conduct of Mr . Deane appears extraordinary, as in his letter above referred to; he mentions the goods shipp'd by Mr . Beaumarchais, as coming from a higher source than that of a private person; and on the 7th . Octr . 1777, put his Signature to a joint letter of the Commissioners in which they inform Congress that the Court of France had given them assurances that no repayment shall be required
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of what had been already given either in Money or Military Stores. The Original of this letter was stolen out of the dispatches entrusted to Capt . Folger; a duplicate of it is however, still in the Office for foreign affairs.
The following Statement will give a general View of Mr . Beaumrchais Debits and Credits exclusive of the Cargoes sent to Cape Francois, amounting to 1.303.922:12:9 Livres Tournois; the whole of which, for want of Proof of Delivery, we deduct from his Accounts.
{table}
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We therefore place the value of the six Cargoes at Two Millions four hundred and seventy thousand four hundred and eighty four Livres, eleven sous, and nine deniers.
The deduction of the six Cargoes abovementioned axe made on the following principles:
Of the Commission,
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we presume that the difference would (on a fair investigation of the Account) greatly exceed not only all reasonable Charges, but a liberal Commission for executing this Business.
Of the Insurance,
1o . Because the parties acknowledge, none was made; or direction given for such purpose, and etc. 2o . Because it does not appear whether the Merchandize was shipped at the risque of Mr . Beaumarchais, or at that of the United States; the latter of which from present appearances appear most probable.
We have deducted the cost of the Ship Seine no reason appearing why the U. States should be charged with her loss; and a liberal allowance having been made for her freight.
We debit Mr . Beaumarchais as follows:
To Deux Helenes Ditto ... 76. 607. 12. 0
To Ben homme Richards Ditto ... 8. 371. 11. 0
To Nett Amt . of Pollys Cargo ... 58. 514. 13. 0
To sier Rodriques Do . ... 69. 814. 7. 6
To Amelias Ditto ... 55. 675. 7. 5
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If it should hereafter be ascertained that the Goods shipped on Account of the Indian Contract are included in Mr . Beaumarchais' Accounts against the United States; and that he has received from the Contractors, who were bound to pay for them any remittances on that Account; the amount of such payment must of course be added to the above debt.
Mr . Beaumarchais received sundry Cargoes of Tobacco, and generally credited the United States for only one half, taking one half for freight. As it appears that the Commercial Committee were of Opinion the one third was a sufficient allowance for freight, the difference between, one half, and one third is charged to Mr . Beaumarchais in the above statement.
As to the Debits against Mr Beaumarchais, we are obliged to take them principally from his own accounts, so far as specific Articles were received by him. Congress on the 15th . Jany . 1779, ordered1 three thousand Hogsheads of Tobacco to be purchased and delivered to his Agent, And on the 5th . June 1779, they gave an unlimited Order2 to deliver the said Agent all the Public Tobacco. The Accounts of the Agents who purchased Tobacco never having been regularly settled, we cannot at present ascertain from any Documents in this Office, how much he is properly chargeable with.
[Note 1: 1 Journals, vol. XIII, p. 70.]
[Note 2: 2 Journals, vol. XIV, p. 692.]
Having stated generally the Facts which are within the knowledge of the Board relative to these accounts, we presume that the United States in Congress will find it necessary to decide, first, Whether the adjustment of them said to have been made by Mr . Silas Deane in April 1781, is binding on the United States, and, secondly, if it cannot be so deemed, Whether it is not necessary previous to a final Adjustment thereof, that Mr . Beaumarchais should produce to the Treasury of the United States his Original Accounts and Vouchers.
Should Congress concur in this opinion we submit to their consideration the following Resolves, vizt .
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Resolved, That the settlement of the Accounts of Mr . Caron de Beaumarchais said to have been made by Mr . Silas Deane at Paris in the Month of April 1781, cannot be deemed binding on the United States; the said Mr . Deane not being vested with any Authority to make such adjustment.
Resolved, That the said Accounts be settled at the Treasury of the United States; and that Mr . Beaumarchais be required to transmit the same together with the necessary Vouchers in support thereof, in order that a speedy and final adjustment may be made of all his claims against the said States.
All which is most humbly submitted.
Samuel Osgood
Arthur Lee
September 18th . 1788.
[Letter from the Office of Secretary at War respecting the Western territory1]
[Note 1: 1 Papers of the Continental. Congress, No. 150, III, p. 301, read September 25, 1788. The three mentioned enclosures are St. Clair to Knox, pp. 289--290; Wilson and Rinkin to Butler, pp. 293--295 and W. Wilson to Butler, pp. 297--298.]
War Office September 19th . 1788.
Sir: In the absence of the Secretary at War, I have the honor to transmit to your Excellency, the copy of a letter from the Governor of the Western Territory dated at Fort Harmar the 2d . instant, together with copies of two letters from the Indian Messengers to the Superintendant of Indian Affairs for the Northern District dated Detroit Rivers Mouth the 4th . and 14th ultimo.
I have the Honor to be, etc.,
Wm . Knox.
His Excellency
The President of Congress.
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[Letter of Secretary for Foreign Affairs with letter of Mr. Gardoqui1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 589. It is indorsed as read September 23, but entered in the Despatch Book, p. 40, as received (read) September 25, 1788. The letter of Diego de Gardoqui to Jay, is in Papers of the Continental Congress, No. 97, pp. 222--226, original Spanish with English translation on pp. 230--232. The letter refers to orders for apprehending J. Sullivan and communications made respecting fugitive negroes. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 207, Gardoqui's letter was referred to the Secretary for Foreign Affairs to report. Jay's letter bears the indorsement, "Novr . 23d . 1789, recd . from the office f. f. Affairs, the papers enclosed filed in the office of f. Affrs . not reported on".]
Office for Foreign Affairs
22d . Septr . 1788
Sir: I have the honor of transmitting to your Excellency herewith enclosed, a Letter (and a translation of it) from Mr . Gardoqui dated the 19th . instant, and am with great Respect and Esteem, etc.,
John Jay.
His Excellency
The President of Congress.
[Letter of Secretary for Foreign Affairs, on letters of the Governor of Virginia2]
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 585, read September 25, 1788. The letters of the governor of Virginia relate to the Ferrier question. See August 8, 1788.]
Office for Foreign Affairs
19th . Septemr . 1788
Sir: The Absence of the Minister of France (with whom it appeared to me expedient previously to converse on the Subject of the Letters of 30th . June and 2d . July from his Excellency the Governor of Virginia) induced me to postpone reporting on them. He arrived Yesterday, and I have seen him this Morning. He is preparing to go immediately to Boston, and prefers leaving this Affair in its present State until his Return. The Delay will not in my Opinion be inconvenient, and therefore I took the Liberty of consenting to it.
With great Respect, etc.,
John Jay
His Excellency
The President of Congress.
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[Report of Commissioner of Army Accounts on petition of J. King for A. Baird1]
[Note 1: 1 Papers of the Continental Congress, No. 62, pp. 251--254 (copy). This report was transmitted to Congress with a brief covering report of Joseph Howell, the new commissioner, dated September 19, 1788, which is on p. 247. It is indorsed as read September 23, 1788, which is apparently an error.See September 16,1788.]
Office of Army Accounts
New York Augt . 25, 1788.
The Commissioner for settling the accounts of the late Army of the United States, to whom was referr'd the petition of A. Baird requesting the commutation in lieu of half pay for life, as a deranged Surgeon in Baldwin's Corps of Artificers, begs leave to report.
That Doctor Baird founds his claim on the resolution2 of January 17, 1781, granting generally the half pay to the Hospital department, and that3 of May 3d . 1782, granting the same particularly to a Surgeon of Artificers.
[Note 2: 2 Journals, vol. XIX, p. 68.]
[Note 3: 3 Journals, vol. XXII, p. 236.]
That Congress did on the 19 of October last, refer to your Commissioner a report4 made by a committee of Congress on the petition of sundry officers of the late Corps of Artificers for half pay or commutation, which report your Commissioner was directed to take order on, and is in the words following. viz.
[Note 4: 4 The date of this report is October 19, 1785. See Journals, vol. XXIX, pp. 840--841. See July 31, 1788.]
"The Committee consisting ofto whom was referr'd the memorial of several officers of the Corps of Artificers, praying that in settling their accounts they be allowed the Commutation of half pay as founded on Justice or on the Acts of Congress beg leave to report.
"That the claims of those Officers does not appear to be founded on the usages of Nations nor in equity, they believe that half pay has been allowed to Military Officers partly from a regard to the hardships and personal dangers to which they were exposed, but chiefly from a consideration that by a long continuance in the Military line they may have lost those habits by which they had formerly been enabled to provide for themselves or family, which reasons does not apply so fully to the Officers of Artificers.
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"Your Committee are of opinion that their sole rule on this occasion must be the Acts of Congress respecting the Officers in the corps of artificers, and they do not find any resolution by which they are entitled to half pay or commutation, on the contrary they seem to be expressly cutt off from any such claim.
"The original Act1 of Congress of May 15h . 1778, by which half pay was promised for seven years confines the same to Military Officers which certainly did not include the Artificers, and your Committee are of opinion that all subsequent Acts which relate to half pay, the same denomination of Officers must be intended unless in cases where other Officers are expressly mentioned, surely the act2 of October 2d . 1780, promising half pay to Officers who might be deranged never could be construed as given half pay to any class of Officers who had no claim to half pay, had they continued in service to the end of the War, if any doubts could have arisen whether the Artificers were intended in the promise of half pay it must be fully removed by the Act3 of the 16h . Novemr . 1779, it was then resolved. That it be recommended to the several States to allow the Corps of Artificers established4 by Congress the 12h Inst . all the benefits provided for Officers and Soldiers in the line of their quota's of the Continental Battalions except the half pay, after this pointed and express exclusion of those Officers from the allowance of half pay your Committee are of opinion that nothing but a subsequent promise equally pointed and express can give them a title to the same, none such has been made, wherefore they submit the following Resolve, That the Officers of the late Corps of Artificers in the service of the United States are not entitled to half pay, or the commutation for half pay."
[Note 1: 1 Journals, vol. XI, p. 502.]
[Note 2: 2 This is apparently the act of October 21, 1780.Journals, vol. XVIII, pp. 958--959.]
[Note 3: 3 Journals, vol. XV, p. 1276.]
[Note 4: 4 Journals, vol. XV, pp. 1261--1262.]
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Your commissioner therefore supposes that he is not warranted to grant the commutation to the Memorialist unless he has the direction of Congress.
signed Jno . Pierce1
[Note 1: 1 September 25, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 207, the following were referred to the Board of Treasury to report:
Petition of Jeffery Mathewson who was employed with teams in the Army. Received (read) September 25, 1788. No report was rendered, consequently the petition does not appear in the Papers of the Continental Congress.
Memorial of Daniel Baldwin respecting a burned certificate. Received (read) September 25, 1788, No report was rendered consequently the memorial does not appear in the Papers of the Continental Congress.
According to indorsement the following were read:
Letter of Arthur St. Clair to Charles Thomson, September 2, 1788, on the prospects respecting the Indian treaty. Papers of the Continental Congress, No. 150, III, pp. 389--391.
Letter of Isaac Sherman to the President of Congress, September 16, 1788, asking for a determination on a former petition. Papers of the Continental Congress, No. 78, XXI, pp. 485--486. See February 25, 1788.
Memorial of William Bedlow, deputy postmaster of New York, respecting postage on letters of the Treasurer of the United States. Papers of the Continental Congress, No. 41, I, pp. 479--480. This letter is indorsed as read September 23 but is entered in the Despatch Book, p. 40, as received September 25, 1788. See October 1, 1788.]
Charles Thomson Esquire
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