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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 25, 1788.
Congress Assembled, present, New Hampshire Massachusetts, New York, Pensylvania, Delaware, Maryland Virginia and South Carolina, and from Connecticut Mr Jerh . Wadsworth,
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from New Jersey Mr [Abraham] Clark and from North Carolina Mr [James] White.
Mr Alexander Hamilton and Mr Leonard Gansevoort Delegates for New York, attended and produced Credentials of their appointment which were read.
[Credentials of New York delegates1]
[Note 1: 1 Original credentials, on parchment, read February 25, 1788, in Papers of the Continental Congress, New York Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, pp. 248--249.]
The People of the State of New York by the Grace of God Free and Independent To all to whom these presents shall come send Greeting
Whereas our Senate and Assembly have on the twenty second day of January last Nominated and Appointed the Honorable Ezra L'Hommedieu Egbert Benson Alexander Hamilton Abraham Yates Junior and Leonard Gansevoort Esquires Delegates to represent our said State in the United States in Congress Assembled from the said day of their Appointment until the first Monday in November next and thence forward until Ten Days after the first subsequent Meeting of the Legislature. Provided nevertheless that the Delegates so Nominated and Appointed shall not on any Account hold their Seats in Congress longer than one Year to be Computed from the day of their Appointment as aforesaid. Now therefore Know Ye that in pursuance of the said Nomination and Appointment We have by these presents Commissioned the said Ezra L'Hommedieu Egbert Benson Alexander Hamilton Abraham Yates Junior and Leonard Gansevoort with full power and Authority to them the said Ezra L'Hommedieu Egbert Benson Alexander Hamilton Abraham Yates Junior and Leonard Gansevoort to represent our said State in the said Congress. Accordingly: In Testimony whereof we have Caused these our Letters to be made Patent and the Great Seal of our said State to be hereunto affixed. Witness our trusty and well beloved George Clinton Esquire Governor of our said State General and Commander in Chief of all the Militia and Admiral of the Navy of the same. At Poughkeepsie in our County of Dutchess the Second day of February in the Year of
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our Lord one thousand seven hundred and Eighty eight and in the Twelfth Year of our Independence.
Geo: Clinton
[seal pendant]
[al dorso]
Passed the Secretarys Office the 2d . February 1788.
Lewis A Scott Secretary
On Motion1 of Mr [Nathan] Dane
[Note 1: 1 Papers of the Continental Congress, No. 30, p. 331, in the writing of Mr. Nathan Dane.]
Resolved, That the Superintendant of Indian Affairs for the southern Department be elected for six Months and continue in Office during that period, unless sooner recalled by Congress.
Pursuant to a resolution of the 21st . Instant Congress proceeded to the election of a Superintendant of Indian Affairs for the southern department, but not coming to a choice, the election was postponed until thursday next.
[Motion of Mr. Irvine on limits of New York and Massachusetts2]
[Note 2: 2 Papers of the Continental Congress, No. 30, p. 605, in the writing of Mr. William Irvine. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 183, this motion was referred to a committee consisting of Mr. Abraham Clark, Mr. William Irvine, Mr. John Armstrong, Mr. Jeremiah Wadsworth and Mr. John Brown. Report rendered March 6 and acted on June 6, 1788.]
Whereas it appears, by the boundary line which hath been lately run, between the States of New York and Pennsylvania, that the North west corner of the latter extends some distance into Lake Erie by which a narrow strip of land bounded on the North by the lake and on the South by said State, will be cut off from the territory of the United States.
And whereas by the several Acts of Cession of territory, by the States of New York and Massachusetts to the United States, A certain line therein described is to be drawn, by which the said States are to be bounded on the West, And it is just and proper that said line and boundary should be ascertained and fixed, As well in order to secure peace and harmony in the United States, as to amongst those more
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immediately concerned and Citizens thereof who may hereafter become inhabitants, and that the righful owners of the Soil and Jurisdiction, may be enabled to dispose of the same or otherwis appropriate it as they may shall think best,
Resolved, that the Geographer, be and he is hereby directed as soon as may be, to proceed (in conjunction with Agents, or Commissioners, in behalf of New York and Massachusetts in case they shall think proper to appoint such) to run a line, and ascertain the Western limits of the said States of New York and Massachusetts, conformably to their Acts of Cession to the United States.
[Motion of Mr. Thatcher on securing a newspaper1]
[Note 1: 1 Papers of the Continental Congress, No. 23, p. 325, in the writing of Mr. George Thatcher. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 183, this motion was referred to the Secretary of Congress to take order.]
That the Secretary of Congress be directed to procure for the use of the Members of Congress Mr . Greenliefs daily patriot Advertiser paper.
[Report of Board of Treasury on memorial of A. Steele2]
[Note 2: 2 Papers of the Continental Congress, No. 138, II, pp. 397--399, read February 25, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 455. This report was also entered verbatim in the Committee Book, Papers of the Continental Congress, No. 190, pp. 184--185. See February 18 and 28, 1788.]
The Board of Treasury to whom was referred the Memorial of Mr . Archibald Steele
Beg leave to Report
That by a statement exhibited to this Board, by the Commissioner of Accounts for the Quarter Master Generals Department, there appears to be due to him the sum of One hundred and ten thousand six hundred and seventy four Continental Dollars, including his Commissions on the disbursements made by him; under the late Major General Greene.
That exclusive of this sum the Memorialist has a claim on the United States for Four thousand three hundred and twenty nine and two thirds specie Dollars on account of Pay, and Articles supplied under General Miflin, but that the Commissioner has hitherto declined issuing his Certificates for the above sums, from the confused state in
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which the said accounts have been kept and rendered, which makes a further enquiry necessary, previous to the liquidation of the final balance.
The Board however find from a Report of the Commissioner for settling the accounts of the Quarter Master Generals Department, that he may with safety to the public interest issue a Certificate for the balance appearing to be due to the Memorialist on account of his transactions under General Miflin, and as the situation of the Memorialist and his family, is represented by the Commissioner to be very distressing, they submit to the Consideration of Congress, whether it would not be adviseable to permit the Commissioner to issue a Certificate for the above sum, suspending the final adjustment of the other accounts of the Memorialist for further investigation.
It is with regret that the Board observe, that the Memorialist has been entrusted with the expenditure of no less a sum of the public monies, during the late war, than 4.220,000 dollars; although it appears that from want of capacity, (rather than design) he never kept any accounts, or receipt book; and that he has since his arrival in New York been obliged to have his own account, as well as that of his Assistants, framed from the loose receipts and papers in his possession.
All which is humbly submitted
Samuel Osgood
Walter Livingston
February 25th 1788.
[Report of Secretary at War on talk of Cherokee Indians1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 323--325, read February 25, 1788. See January 22 and February 5, 1788.]
The Secretary of the United States for the department of war, to whom was referred the Talk of the Cherokee Indians of the 8th of September 1787,
Reports,
That Mr . Alexander Dromgoole is a person trading to Chota, one of the Cherokee villages on the Tenasee river.
That he conducted a Cherokee warrior the last summer, in order to complain to Congress of a breach of the treaty made by the commissioners of the United States with the Cherokee nation, at Hopewell, on the Keowee river, in November 1785.
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That Congress not being in session at that time, the said persons were hospitably treated in Philadelphia, at the expence of the United States; and were entrusted by your Secretary at War, with presents, and a speech, for Chiefs of the Cherokee nation.
That the said Alexander Dromgoole was then exceedingly desirous of employment in the indian department, in order to facilitate his designs in trade. That it is highly probable, that some of the Cherokee Chiefs may have been induced to forward his views, with the hope of being extricated from the difficulties in which they are involved.
That supposing however the paper to contain the genuine desires of the Cherokees, the purport of it cannot be granted, consistently with the ordinance regulating indian affairs, as it is therein directed, that "the Superintendents, and the deputies, shall not be engaged either directly or indirectly in trade with the indians," besides which, the Superintendents are to appoint their own deputies.
But in order to prevent any misrepresentations on this subject, and to convince the Cherokees that their case and representations are not forgotten, it may be proper to communicate to them, the measures directed by Congress on the 26th of October last,1 and to state the reasons why their request, respecting Mr . Dromgoole, cannot be granted.
[Note 1: 1 See Journals, vol. XXXIII, pp. 709--713.]
Agreeably to these ideas the following resolve is submitted.
Resolved, That the Secretary at War transmit an answer to the talk of the chiefs of the Cherokee nation, dated the 8th of September 1787.
That he assure them, that Congress are highly solicitous to remove all obstacles to an equitable and permanent peace between the Cherokee nation, and the United States. That he inform them of the measures taken by Congress to effect so desireable an object, and that he also communicate the reasons which prevent the appointment of Mr . Alexander Dromgoole in the Indian department, agreeably to their request.
H Knox2
[Note 2: 2 February 25, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 183, the following committee was appointed:
Mr. Jeremiah Wadsworth, Mr. William Irvine and Mr. James White on note of Mr. Tardiveau and accompanying papers respecting Post St. Vincennes and the Illinois Country. The note, dated March 2, 1788, is indorsed as read February 25, and is in Papers of the Continental Congress, No. 48, p. 103. The accompanying documents are: No. 1, Petition of the French inhabitants of Post Vincennes, August 7, 1787, pp. 115--117; No. 2, Petition of the French inhabitants of Illinois (Kaskaskia, Cahokia, Prairie du Rocher and St. Phillipp), September 15, 1787, pp. 119--120; No. 3, Petition of the French inhabitants of Post Vincennes and Illinois, February 28, 1788, pp. 209--219; No. 4, Explanatory memorandum to preceding petition, February 28, 1788, pp. 123--125; No. 5, Memorandum of articles given by the French of Post Vincennes to the Indians, November 7, 1786 (in French signed by J. M. P. Legrace), pp. 127--128; No. 6, Petition of the American inhabitants of Post Vincennes, August 7, 1787, pp. 131--132; No. 7, Petition of the American inhabitants of Illinois, August 27, 1787, pp. 135--137; No. 8, Powers given to Tardiveau by the French and American inhabitants of Post Vincennes and Illinois, seven original documents in English and French with signatures of the inhabitants, pp. 139--140, 141, 143--145, 147--148, 149--150, 153--154, and 185--188, respectively; No. 9, Census lists of male inhabitants of Post Vincennes and Illinois, nine documents, pp. 157--158, 159--160, 163, 165, 167--173, 176--177, 179, 181--183 and 189--192, respectively. The petitions Nos. 1--4, 6 and 7, were signed by Tardiveau as agent for the inhabitants under the powers given in No. 8. This committee was the same as that of February 5 on letter of P. Langlois, of February 13 on letter of Tardiveau of February 9, 1728 and of February 22, on the address of the inhabitants of Post Vincennes. Report rendered March 6, 1788. See February 22, March 18, 27 and May 19, 1788.
Also according to the Committee Book, there were referred to the Board of Treasury to report:
Petition of John Stevens, delivered February 25, 1788, for pay and commutation. Report rendered March 20, 1788.
Memorial of Isaac Sherman, Israel Ludlow and William W. Morris, read February 25, 1788, for compensation for services. Papers of the Continental Congress, No. 41, IX, p. 465. Report rendered July 17, 1788. See September 25, 1788.
According to indorsement were read:
Letter of Edward Burd to Cyrus Griffin, February 18, 1788, transmitting transcripts of the trials of John White and James Thompson in the Court of Admiralty in Pennsylvania. Papers of the Continental Congress, No. 78, IV, p. 553, with the transcripts on pp. 557--560 and 563--566, respectively.
Petition of the officers of Colonel Benjamin Flower's regiment of artillery and artificers, regarding compensation for services. Papers of the Continental Congress, No. 42, III, pp. 165--167. This petition was withdrawn February 18, 1789.
See February 28 and July 31, 1788.]
War Office,
February 25th . 1788.
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