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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 --WEDNESDAY, MARCH 12, 1788.
Congress Assembled present New hampshire Massachusetts, Connecticut, New Jersey, Pensylvania, Virginia and South Carolina and from New York Mr [Leonard] Gansevoort from Delaware Mr [Dyre] Kearny from Maryland Mr [David] Ross and from No Carolina Mr [James] White.
[Report of Board of Treasury on memorial of D. Brearley2]
[Note 2: 2 Papers of the Continental Congress, No. 138, I, pp. 139--141, read March 12, 1788. The covering letter, also read, is in Papers of the Continental Congress, No. 140, I, p. 471. See March 5, 1788.]
The Board of Treasury to whom was referred the Memorial of the Honorable David Brearly Chief Justice of the State of New Jersey
Beg leave to Report:
That the Month of June 1779 the Memorialist, then a Lieut Colonel in the Army of the United States accepted of the appointment of Chief Justice of the State of New Jersey, and in July following
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informed Congress of his intention of retiring from Service; but that he wished to retain his Rank in the Army without Pay.
That in pursuance of this Application, it was Resolved1 by Congress on the 22nd . of July 1779,
[Note 1: 1 Journals, vol. XIV, p. 861.]
"That the desire of Lt . Colo . Brearly to hold his rank in the Army, after he shall have accepted of the Office of Chief Justice of the State of New Jersey, cannot be complied with."
Under the above circumstances, the Board are of opinion, that Lieut . Colo . Brearly must be considered as having retired from Service, from the time he accepted the Office above stated, and of course precluded by the Acts2 of Congress of the 10th . of Augt . 1780, May 15th . and 12th . August 1785, and 3d . February 1786; from all Claims on account of Pay, or Depretiation of Pay, to which he might otherwise have been entitled, by virtue of the Resolve3 of the 11th . April 1780.
[Note 2: 2 The dates should be August 8, 1780, May 15 and August 13, 1783 and February 3, 1786. See Journals, vols. XVII, pp. 710--711, XXIV, pp. 343 and 502, and XXX, p. 43, respectively.]
[Note 3: 3 Should be April 10, 1780. See Journals, vol. XVI, pp. 344--345.]
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
March 11th . 1788.
[Letter of Secretary at War respecting land bounties4]
[Note 4: 4 Papers of the Continental Congress, No. 150, III, pp. 101--107, read March 12, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 186, this report was referred to a committee, consisting of Mr. Abraham Clark, Mr. George Thatcher, Mr. Leonard Gansevoort, Mr. Nathan Dane and Mr. James White, which was discharged on July 16, 1788. See July 17, August 28, and September 25, 1788.]
War Office, March 10th 1788.
Sir: I have the honor to submit to Congress, a report of the measures which have been adopted, in consequence of their directions of the 22nd of October last,5 respecting the lands appropriated to satisfy the bounties due the late army of the United States, and also, to state some circumstances relative to claims for lands, by certain descriptions of officers, on which it may be necessary for Congress to decide.
[Note 5: 5 Journals, vol. XXXIII, pp. 695--696.]
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The numerous speculations, or transfers of the real and supposed claims of individuals, for lands, rendered it highly proper to ascertain the names of all persons originally entitled to lands, by the resolves of Congress. Accurate lists are therefore making out, at the office of the Commissioner of army accounts of all the legal claimants. The muster rolls from time to time are the only genuine means to guard against fraud in this case. The alphabetical lists which are forming from them are considerably advanced, and will probably be completed in three months. The work which is very voluminous will be important for other public objects than the one herein specified.
I applied, early after Congress passed the before recited resolve of the 22nd of October, to the Geographer to have the tract situated at the mouth of the Ohio surveyed. He expressed his readiness to direct the surveys, but required, as an indispensible preliminary, an advance of twelve hundred dollars, without which, the persons in the department could not undertake the business. The board of treasury, on a request for this sum, stated, that the situation of the treasury would not admit of any advance to the surveyor's department.
Being desirous that the orders of Congress should be promptly executed in this respect, I suggested the expedient of the surveys being performed, under the direction of the Geographer, by some of the military officers on the Ohio. The board of treasury, and the Geographer agreeing with me in the propriety and oeconomy of the measure, I directed Brigadier General Harmar to appoint suitable officers to survey the exterior lines of the tract, at the junction of the Ohio, with the Mississippi, according to the mode which should be pointed out by the Geographer. I stated explicitly that for this service the officers were not to expect any compensation. But I informed him that the tracts would be divided into lots, and that for the surveys of such lots as should have been alienated by the persons originally entitled, a reasonable price would probably be fixed, by which the officers would be compensated for their trouble in making the surveys.
I humbly presume, that it is the intention of Congress, that the officers and soldiers possessing their own rights to land should have the quantity to which they are respectively entitled, surveyed and delivered to them free of all expences whatever.
But, as a very great proportion of the persons originally entitled, have transferred their claims to Speculators for inadequate considerations,
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the public are not obliged perhaps to survey and deliver such lands free of all expence.
Were the whole quantity due the late army to be surveyed into lots of the sizes stipulated, the cost of the surveys would probably exceed the sum of one hundred thousand dollars, a sum, far exceeding the public ability to furnish for the object. As this is a point on which the decision of Congress may be considered as necessary, the following resolve is submitted.
Resolved, That all officers and soldiers of the late army of the United States, possessing their rights to the bounty lands stipulated by the resolves of Congress, shall have the quantity to which they are respectively entitled, surveyed and delivered to them without any expence whatever. That the army rights to lands which may have been alienated, be charged only with the actual expences of surveying the same.
A mode for the distribution of the lands will be formed and hereafter submitted to Congress.
Some doubts have arisen whether the officers who were deranged in 1778 and 1779 were entitled to lands. But I presume a recurrence to the original resolve1 on this subject of the 16th of September 1776, will fully establish their right. It is there stipulated that lands shall be granted "to the officers and soldiers who shall engage in the service, and continue therein until the end of the war, or until discharged by Congress, and to the representatives of such officers and soldiers as shall be slain by the enemy."
[Note 1: 1 Journals, vol. V, p. 763.]
An officer who resigned and voluntarily quitted the service was clearly precluded from land and other emoluments. But in the case of a derangement by Congress, he is entitled to all the stipulations made previously to his discharge. The officers who were discharged in 1778 and 1779 received one year's pay in a depreciated paper as a gratuity, but there were not any resolves of Congress which deprived them of the lands.
Some doubts have also been suggested respecting the lands which have been alienated since the war by the officers and soldiers originally entitled. The preamble of the resolve2 of Congress of the 20th of September 1776 precluded the sale of the lands only during the war, and the resolve founded thereon ought not to have a more extensive construction. The resolve itself, however seems to preclude any
[Note 2: 2 Journals, vol. V, p. 788.]
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assignment without limitation of time. But as this could not probably have been the meaning of Congress the assignments clearly made since the war will be considered as valid, unless it should please Congress otherwise to direct.
Should the mode herein suggested for the survey of the outlines of the tract at the mouth of the Ohio, meet with the approbation of Congress the outlines of the reserved tract north of the purchase of Cutler and Sargent could also be surveyed by the same means; And if a discrimination could with propriety be made between unalienated and alienated lots, so that the latter should be charged with a reasonable price for the expence of surveying, the whole of the army lands might be delivered to the persons entitled thereto, without any expence to the public.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress
[Report of Commissioner of Army Accounts on petition of C. Medici1]
[Note 1: 1 Papers of the Continental Congress, No. 62, pp. 227--228, read March 12, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 186, this report was referred to a committee, consisting of Mr. Stephen Mix Mitchell, Mr. John Brown and Mr. Paine Wingate, which reported May 16, 1788. See July 23, 1787 and July 14, 1788.]
Office of Army Accounts
New York March 10th . 1788
The Commissioner of Army Accounts to whom was refered the Petition of Cosimo Medici, begs leave to report,
That the Commissioner had a deputy stationed in North Carolina from August 21st . 1784 to the last of June 1785 for the purpose of receiving and examining the claims of the Army. that your Commissioners deputy advertised in the public papers that these claims be produced, and that in the winter of 1784 the Commissioner attended in the State himself to receive and finally adjust them. That a Resolve2 of Congress of the 2d . day of Novemr . 1785 has directed that all persons having claims for services performed in the military department, should exhibit the same for liquidation to your Commissioner on or before the first of August then next, and that all claims
[Note 2: 2 Journals, vol. XXIX, p. 866.]
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under the description above mentioned which should be exhibited after that period is forever hereafter to be precluded from adjustment or allowance, which Resolve your commissioner did give public notice of in the State of North Carolina, for the term of six months, by inserting the same in the News papers of the State for that period.
That the Petitioner did not lodge his demands, either with your Commissioner or his deputy within the period assigned in the before mentioned resolution of Congress, wherefore the Commissioner is humbly of opinion that no releif can be granted to the Petitioner, in respect to the demands on your Commissioners Office, and that his claim by the said Act is forever precluded from adjustment or allowance.
That his further claim for the loss of his Horses is not precluded by the aforesd . act, and properly comes before the Treasury for the consideration of the propriety of its being admitted, and as the compliance with demands of this nature must depend on the resolves of Congress already existing, the particular interposition of Congress in this case, your Commissioner presumes, is unnecessary.
All which is humbly submitted.
Jno . Pierce
[Letter of Secretary for Foreign Affairs regarding capture of sloop America.1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 450, read March 12, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 186, this letter and the enclosed documents were referred to the Secretary for Foreign Affairs to report. Report rendered March 25, 1788. This report with the enclosures was transmitted to the office for Foreign Affairs on May 21, 1788.]
Office for Foreign Affairs
7th . March 1788
Sir: I have the Honor of transmitting to your Excellency, herewith enclosed, two Letters both dated the 5th . of last Month, one from Messrs . Clark and Nightingale, and the other from the Honorable
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David Howell Esqr ., together with the Papers that accompanied them, and am with great Respect, etc.,
John Jay1
[Note 1: 1 March 12, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 186, the following committee was appointed:
Mr. Stephen Mix Mitchell, Mr. John Brown and Mr. Paine Wingate on a memorial of John Story, dated March 10, read March 12, 1788, regarding his claims, together with a report of the Board of Treasury on a former memorial, read February 1, 1788. Papers of the Continental Congress, No. 41, IX, pp. 305--306. Additional documents are on pp. 313--322. The committee was renewed on July 28 and the matter acted on September 5, 1788. This was the same committee as on the case of Cosimo Medici. See March 25, 1788.
Also according to indorsement and the Committee Book, was referred to the Board of Treasury to report:
The petition of Garret Rapalje and John Woods, for themselves and others, dated March 7, read March 12, 1788, for purchase of a tract of land. Papers of the Continental Congress, No. 42, VIII, p. 410. Report rendered March 19 and acted on May 7, 1788. See May 23, 1788.]
His Excellency
The President of Congress.
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