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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 --MONDAY, FEBRUARY 11, 1788.
Congress assembled present New hampshire Massachussetts Pensylvania, Delaware, Maryland, Virginia, and South Carolina and from Connecticut Mr [Jeremiah] Wadsworth and from North Carolina Mr [James] White.
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Mr Paine Wingate a delegate for New Hampshire attended and produced credentials of his appointment which were read.
[Credentials of Paine Wingate, New Hampshire 1]
[Note 1: 1 Original credentials, read February 11, 1788, in Papers of the Continental Congress, New Hampshire Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, p. 245.]
The State of New Hampshire.
To Paine Wingate EsquireGreeting.
Whereas the General Court of this State did, at their Session held at Charlestown on the twenty ninth day of September Instant appoint you the said Paine Wingate, one of the Delegates to represent this State in the Congress of the United States of America: Now therefore Know You, that by these presents, in pursuance of the said Appointment you the said Paine Wingate are commissioned to be one of the Representatives of this State in Congress, and vested with all and singular the power and authority to the said Office or Place of Delegate belonging by virtue of the Constitution of this State, and the appointment aforesaid; To Have and to Hold to you the said Paine Wingate the said Office or Place of Delegate for the term of one year from and after the first day of November next unless sooner relieved or recalled by the General Court of said State.
In Testimony whereof, the Seal of said State is hereunto affixed: Witness John Sullivan Esquire President of said State at Charlestown this twenty ninth day of September Anno Domini One thousand, seven hundred and eighty seven, and of the Sovereignty and Independence of the United States of America the Twelfth.
Jno . Sullivan
By His Excellency's Command
Joseph Pearson Secy
[SEAL]
A Memorial2 of Israel Evans being read in the words following
[Note 2: 2 See January 22 and February 1, 1788.]
"Charlestown Decr 6 1787. Sir, This memorial which I beg your excellency to communicate to the honble Congress
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I have long delayed because i was unwilling to make any addition to the business and trouble of Congress until urged by necessity. At length thro' fear of sustaining a very considerable loss, I am constrained to make the following request That it may please the honorable Congress to grant me a certain quantity of military bounty land as much as to them seems fit in consideration of my service as chaplain in the late army during more than eight years. The custom of granting lands to chaplains in time past and the large bounties of land recently granted to the chaplains of the New-York and other lines of the army have encouraged me to hope that this application will not be disagreeable to the Congress nor without success. I would also take the freedom to observe that the medical staff who according to the rules of the army are entitled to no greater emoluments than the clerical staff have obtained those bounties in land which are agreeable to their wishes. When the honorable Congress are pleased to consider how long their memorialist served in the late war; how many losses he sustained and how little subsistance he recd . from any of the States by reason of his serving in different lines of the Army he cannot but entertain some hope that the Congress will grant him such military lands as shall be in proportion to his station and pay in the late Army and will place him upon a footing with the chaplains of the state of New York. Should this memorial so far meet the favourable regard of the honble Congress as to obtain what has been requested I beg leave to desire that whatever lands may be granted as a military right may be included in my shares of the land granted to the Ohio Company. With the greatest respect I am Sr yr Exys most obedt humble servt
Israel Evans
His Exr The President of Congress
A motion was made by Mr [Samuel Allyne] Otis seconded by Mr [George] Thatcher that the memorial of Israel Evans
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be referred to a comee . And on the Question for commitment the yeas and nays being required by Mr [Samuel Allyne] Otis
{table}
So the question was lost.
On a report1 of the Secretary at War
[Note 1: 1 Papers of the Continental Congress, No. 151, p. 319, dated February 7 and read February 11, 1788. A copy of Finney's resignation is on p. 315.]
Resolved, That the resignation of capt. Walter Finney be accepted and that it take effect from the 10th . Novr 1787 the date of his request for that purpose.
On the report of a committee consisting of Mr [Jeremiah] Wadsworth Mr [Samuel Allyne] Otis and Mr [Daniel] Huger to whom was referred a petition2 of Lynch and Stoughton, N. Cruger and T. Ludlow praying for a Sea Letter for a vessel called the Jenny now at New York and bound for the East Indies, of the burthen of three hundred tons and commanded by William Thompson, and who report "That the Jenny is owned entirely by citizens of the United States
[Note 2: 2 Papers of the Continental Congress, No. 42, IV, p. 434, read February 11, 1788. The reference to the committee is entered in the Committee Book, Papers of the Continental Congress, No. 190, p. 179.]
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and manned for the most part with citizens of the said states"
Ordered That Sea letters in the usual form be granted for the Jenny W. Thompson commander agreeably to the prayer of the petitioners.
[Report of Board of Treasury on memorial of E. Blaine 1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 123--130, read February 11, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 447. See April 23, 1787.]
The Board of Treasury to whom was referred the Memorial of Ephraim Blaine late Commisary General of Purchases,
Beg leave to Report,
That the Memorialist states "That the Commissioner of Accounts for the Quarter Master and Commissary General's Department, has gone through an examination of all his Accounts whilst acting as Commissary General of Purchases for the late Army; but that no compleat Settlement has taken place of the same; from an inattention on the part of several of his deputies, and Assistants to render their Accounts; that he has adopted every measure in his power, (but without success) to bring those persons to Account; and that, notwithstanding, a considerable part of his Commissions are, to his great injury detained; he therefore prays relief in the premises.
"The Memorialist further prays; that he may be allowed a Specie salary from the time of his appointment, as Commissary General, until the period when his pay was regulated, in consequence of a Report2 of the Board of War; and that on Account of his Exertions during the War an Additional compensation may be made to him by a grant of Lands, in the Western Territory, of the United States; it is likewise Suggested by the Memorialist, whether it would not be adviseable that more effectual measures should be adopted on the part of the United States, than what at present exists, for bringing to Account such of his Deputies and Assistants, as have neglected to render their Accounts."
[Note 2: 2 This is apparently the report read December 9, 1780 and passed January 12, 1781, which is in Papers of the Continental Congress, No. 147, IV, pp. 721--722. See Journals vol. XlX, pp. 49--51.]
On the above Memorial, the Board beg leave to observe: That, although the Memorialist has (as stated in his Memorial) rendered
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his Account of Disbursements, as Commisary General of Purchases to the Commissioner of Accounts for the late Commissary's Department; yet that, in several instances, it appears that he did not take Bonds with two sufficient securities from some of his deputies; one of whom, in particular, has died Insolvent, and has not accounted for all the Monies advanced to him. That the Act1 of Congress of the 16th . April 1778 renders the taking such Bonds necessary, previous to the exonoration of the principal Officer; and that it would, consequently be improper to establish a precedent of dispensing with it, in the case of the Memorialist, unless satisfactory reasons are offered by him for an omission of so essential a part of his duty.
[Note 1: 1 Journals, vol. X, pp. 356--357.]
That in addition to the above circumstance it appears, that the Memorialist has charged one of his deputies, with the Sum of Fifty thousand Dollars, more than the said Deputy acknowledges to have received, but that he has not produced a receipt for said Money.
The circumstances above stated induced the Commissioner of Accounts to retain (on a Settlement of the Commission Account of the Memorialist) as much, as in his judgment will Indemnify the United States against any eventual loss which may be sustained by the public in consequence thereof; that in the opinion of this Board, this conduct on the part of the Commissioner was proper, and ought not (under present Circumstances) to be receded from.
With respect to the prayer of the Memorialist for annexing a Specie pay for his services previous to the Act2 of Congress of the 30th . November 1780, or allowing him, in lieu of his stipulated pay in Continental Money, a Commission of one half per Cent on his Disbursements, previous to the period above stated; the Board are of opinion, That, (if the objections abovementioned with respect to the final adjustment of the Accounts of the Memorialist did not exist) it would be improper to adopt a measure which would open a channel, for numerous applications of a similar nature, which no Revenue of the United States would be adequate to comply with. How far a compensation in Lands in the Western Territory, may, with propriety be made to Officers in the late Staff Departments; who, on the final adjustment of their Accounts may appear to have acted with particular Zeal and attention (without an adequate compensation) the Board do not take upon themselves to determine;
[Note 2: 2 Journals, vol. XVIII, pp. 1109--1110.]
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the Accounts of many of these Officers (as well as those of the Memorialist) are not completely adjusted; and this in the opinion of the Board, ought to be a necessary preliminary to any Grant of this nature should the principle of making the same, be hereafter approved of by Congress.
Under the circumstances and for the reasons above stated; the Board are of Opinion that it would be improper to comply with the objects of Mr . Blaines Memorial.
On the suggestion made by the Memorialist, for adopting more effectual measures than exist under the present Laws of the States of New Jersey and Pennsylvania for calling to Account such of the Deputies and Assistants of the Memorialist, as have not Accounted for the Monies respectively advanced to them; The Board beg leave to inform Congress: That the time for receiving claims against the late Staff Departments expires in the Month of March next; that a Return will then be made to this Office of such persons as have no Accounts of the Monies respectively advanced to them, in order that such measures may be adopted, for compelling them to Account, as shall be judged most Effectual.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
February 9th . 1788.
[Letter of Secretary at Wax respecting Harmar's despatches1]
[Note 1: 1 Papers of the Continental Congress, No. 150, III, pp. 69--70, read February 11, 1788. General Harmar's letter is on pp. 65--68, with a monthly return of the regiment on p. 63.]
War Office February 7th . 1788.
Sir: I have the honor to transmit to Congress extracts of a letter this day received from Brigadier General Harmar dated on the 9th . of December 1787.
The public dispatches stated to have been forwarded by Mr Bartholomew Tardiveau have not been received. The man has arrived, but the dispatches are missing; having been left or lost as he says at Baltimore or Philadelphia.
The dispatches according to the information of an Officer just arrived contained a minute detail of the military operations of Brigadier General Harmar from the 7th . of August to the 24th . of
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November last. The establishment of his several posts. The returns of the troops. The treaties made with the Indians at Post Vincennes, and variety of observations on the natural and political situation of the western territory.
Whether the dispatches will be received is uncertain. Mr . Tardiveau says that he has written to persons at all the places at which he probably may have left them.
This unfortunate event is attended with peculiar chagrin as Brigadier General Harmar considered the conveyance so safe, as to render duplicates unnecessary.
I have the honor to submit to the inspection of Congress a number of Indian presents received by Brigadier General Harmar at the treaties of the Wabash Indians at post Vincennes. They were received by a person who set out from the Muskinghum with Mr . Tardiveau. The necessary explanations belonging to the presents must have been contained in the dispatches which are missing.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress.
[Report of Secretary for Foreign Affairs on a letter of recall 1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 35--37, read February 11, 1788. This report was agreed to February 12, 1788, where it is entered verbatim in the Secret Journal Foreign.]
[Letter of Secretary for Foreign Affairs transmitting correspondence 2]
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 438, read February 11, 1788.]
Office for foreign Affairs
6th . Feby . 1788
Sir: I have the Honor of transmitting to your Excellency, herewith enclosed, two Letters3 from Mr . Dumas of 17th . and 26th . October, and one from Coll Smith4 of 16th . October 1787, together with all the
[Note 3: 3 The letter of October 17, No. 28, is in Papers of the Continental Congress, No. 93, III, pp. 311--312. A translation of the letter of October 26, No. 29, is in Papers of the Continental Congress, No. 115 B. They treat of the situation in Holland. See February 12, 1788.]
[Note 4: 4 Papers of the Continental Congress, No. 92, p. 355, with enclosures, part with translations, nos. 1--4 on pp. 359--360, 363--364; 365; 367; and 369--370, 373--374, respectively. The letter transmits papers of Mr. Dumas, including a copy of a deed conveying his estate in the United States. See February 12, 1788.]
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Papers that are respectively mentioned in them and Translations.
With great Respect, etc.,
John Jay.1
[Note 1: 1 February 11, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 179, the following committee was appointed:
Mr. William Irvine, Mr. John Eager Howard and Mr. James R. Reid, on the case of Thomas H. Cushing respecting his rank. Report rendered February 14, 1788. See October 12, 1787 and June 11, 1788.
Also according to the Committee Book, the following were referred to the Board of Treasury:
An extract of the letter of September 19, 1787 from Jefferson to Jay, so far as relates to the redemption of captives, with an injunction of secrecy. See February 1 and 5, 1788.
Extract of a letter of September 5, 1787 from Dumas to Jay, so far as relates to his arrearages and the payment of his salary. See February 1 and 5, 1788.
And the following were referred to the Board of Treasury to report:
Petition of Jacobus Demarest, John Demarest and Peter Bogart. Report rendered July 21, 1788. See January 22 and February 1, 1788.
Petition of Thomas Donnellan, January, 1788, respecting lost certificates. Papers of the Continental Congress, No. 42, II, p. 368, read February 11, 1788. Report rendered August 21, 1788.
According to indorsement a motion for the commitment of the petition of John Fitch was taken and lost. See February 5, 13, and March 5, 1788.]
His Excellency
The President of Congress.
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