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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 --TUESDAY, MARCH 25, 1788.
Congress Assembled, present as before.
Agreeably to order Congress proceeded to the consideration of the supplement to the land Ordinance1 and not having gone through the same adjourned till tomorrow.
[Note 1: 1 See March 24, 26 and July 9, 1788.]
[Motions for Amendment to land ordinance2]
[Note 2: 2 Papers of the Continental Congress, No. 59, III, pp. 467 and 470. The first three clauses are in the writing of Mr. Dyre Kearny and the second two in another hand. The indorsement by Roger Alden dates these motions March 25 and 26, with no indication which were agreed to on each day.]
A
certifying therein [or station in which such officer or soldier had served] the rank of each officer and the line, Regt . corps or Compy . to which the officer
Rank, general officer and to each,
And shall be in squares unless restrained by lines of former locations surveys.
And no survey shall contain less than 64,000 Acres.
[Report of Secretary at War on memorial of J. Story3]
[Note 3: 3 Papers of the Continental Congress, No. 151, p. 327, read March 25, 1788. A letter of J. Story to Mr. Stephen Mix Mitchell, March 25, 1788, respecting his claim, is in Papers of the Continental Congress, No. 41, IX, pp. 313--316. See February 1, March 12, and September 5, 1788. According to Reports of Committees, Papers of the Continental Congress, No. 189, p. 34, this report was filed.]
The Secretary of the United States for the department of War to whom was referred the memorial of John Story,
Reports,
That the enclosed copy of said memorial was not received until two days past, owing to the absence of the memorialist and other causes.
That it appears that the said John Story acted as a volunteer aid-de-camp for some time during the late war, to the late Major there General Lord Stirling.
That for the service of volunteer aids de camp, no pay nor emoluments of any kind have been stipulated or allowed. Mr . Story therefore
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cannot consistently with the practice in such cases receive any rewards for the service he performed as volunteer aid-de-camp.
All which is humbly submitted.
H Knox
War Office.
March 11th . 1788
[Report of Secretary at War on Fort Mc Intosh1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 331--332, read March 25, 1788. See March 18 and 27, 1788.]
The Secretary of the United States for the department of War to whom was referred an extract of a letter dated January 10'th 1788 from Brigadier General Harmar respecting Fort Mc . Intosh
Reports;
That the situation of Fort Mc . Intosh has been estimated of considerable importance in a defensive system for the frontiers.
That for the troops to abandon the position entirely, at a tune when the people of the frontiers are apprehensive of an indian wax, would be politically injurious in the minds of the inhabitants who conceive themselves protected thereby.
That this circumstance, and the probability of occupying the Big Beaver Creek, as a communication to Cayahoga river and lake Erie, induce your Secretary to be of opinion, that it would be proper to construct a block house for the present in the vicinity of Fort Mc . Intosh, and to garrison the same by a party of an officer and fifteen or twenty men. That Fort Mc . Intosh should be dismantled and demolished, and the materials disposed of for the public service in such a manner as the commanding officer may think proper.
Your Secretary conformably to this opinion submits the following resolve to Congress
Resolved, That the Secretary at War direct the commanding officer to erect a block house, in the vicinity of Fort Mc . Intosh, and place a suitable garrison therein, and that he dismantle and demolish Fort Mc . Intosh, and dispose of the materials thereof in the manner most conducive to the public service.
H Knox
War Office,
March 20th . 1788.
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[Report of Secretary for Foreign Affairs on complaint of Minister of United Netherlands1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 51--55, read March 25, 1788. See August 13, 1788.]
Office for foreign Affairs
24th . March 1788
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter2 to him of the 18th . December last from the Minister plenipotentiary of the United Netherlands,
[Note 2: 2 See February 1 and May 2, 1788.]
Reports,
That in this Letter the Minister complains, that one of his Domestics had been arrested by a Constable of this City named John Wessel, in pursuance of a Warrant issued by John Wiley Esqr . one of the Alderman of the same.
That on the 4th . January last he wrote the following Letter on the Subject to the Mayor of the City, Vizt .
"Office for foreign Affairs
4th . January 1788
Sir: The Paper herewith enclosed is a Translation of a Letter in french dated the 18th . ult. which I received from the Minister of the United Netherlands shortly before I returned to Town, the Day before Yesterday.
As the Aggression of which he complains, is not the first of the kind which that Minister has experienced during his Residence here, he feels it very sensibly.
I think it my Duty, Sir, to lay this Matter before you that proper Measures may be taken to satisfy the Minister, and to prevent the like Improprieties in future.
I have the Honor to be, etca.,
(signed) John Jay.
The Honorable James Duane Esqr .
Mayor of the City of New York"
That in Answer to this he received the following, Vizt .
"Office of Mayoralty
7th . January 1788
Sir: Yesterday I had the Honor of your Favor, enclosing a Copy of the Honorable Mr . Van Berckel's Complaint of a Violation of his Privileges, as the Minister at this Court for the United Netherlands.
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I am now engaged in the Mayor's Court which fully employs my Time and Attention, the Recorder who only could relieve me being absent. As soon as the Term ends I shall hope for a Conference with you on the Subject. In the mean Time I shall apprize Alderman Wiley of the Accusation, and recommend to him Conciliation, that we may be extricated from a Controversy which, if it becomes serious, cannot fail of proving highly disagreeable perhaps disgraceful to a City with the Police of which I am so intimately connected.
I have the Honor to be &ca.,
(signed) Ja: Duane.
Honorable John Jay Esqr .
Secretary for foreign Affairs"
That on the 10th . of the same Month he wrote to the Minister as follows, Vizt .
"New York 10th January 1788
Sir: The Letter you did me the Honor to write on the 18th Day of December last was transmitted to me whilst in the Country.
On my Return to Town I wrote a Letter on the Subject of it to the Honorable Mr . Duane, and enclosed a Translation of your Letter; for as the Aggression complained of was committed in this City, it appeared to me proper that the Circumstances should be made known to its first Magistrate, in Order that Measures might be immediately taken, both for your Satisfaction and to prevent the like Improprieties in future.
The Mayor received the Application in the Manner becoming his Character and Office; but his whole Time being engaged by the Mayor's Court which is now sitting, a Day or two must elapse before it will be in my Power to give you any more particular Information on the Subject.
I exceedingly regret that you should experience the least cause of Complaint from any of our Citizens. The present Instance doubtless originated in Ignorance, not in Design; but still as your official Rights were infringed, it is highly proper not only that you should assert them but that proper Satisfaction be given you on that Head.
I have the Honor to be &ca.,
(signed) John Jay
The Honorable
the Minister of the United Netherlands"
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That he has since had sundry Conferences with the Mayor on the Subject, and that the Mayor appeared willing and desirous to do what might be right on the Occasion.
That the necessary Absence of the Mayor and Recorder, who were obliged to attend the Legislature at Poughkeepsie, has subjected the Progress of this Business to Delays, which he explained to the Minister in a Manner which he had Reason to think satisfactory.
That he was induced to be at the Trouble of these informal Measures, in Hopes of being able to conclude the Business without the Interference of the national Government, which in his Opinion would tend to give it a greater Degree of Importance than it appeared to him to merit.
That he nevertheless conceived it to be his Duty to inform Congress precisely of what had happened and been done, and therefore made the written Communications to them, which form the Subject of the Reference in Question.
That the foederal Government does not appear to him to be vested with any judicial Powers competent to the Cognizance and Judgment of such Cases, and therefore in his Opinion Congress can in the first Place only
Resolve that a Copy of the said Letter be transmitted to his Excellency the Governor of the State of New York, to the End that such judicial Proceedings may be had on the Complaint stated in it, as Justice and the Laws of Nations may require.
All which is submitted to the Wisdom of Congress.
John Jay.
[Report of Secretary for Foreign Affairs on the sloop America1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 59--61, read March 25, 1788. See March 12 and 27, and May 21, 1788.]
Office for foreign Affairs
25th March 1788
The Secretary of the United States for the Department of foreign Affairs, to whom was referred his Letter of the 7th March Inst . with two Letters, both dated the 5th . of last Month, one of which is from the Honorable David Howell Esqr . and the other from Messrs . Clark and Nightingale, together with the Papers which accompanied them,
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Reports,
That from these Letters and Papers it appears that a Sloop called the America, commanded by a Captain Barley and belonging to Messrs . Clark and Nightingale of the State of Rhode Island, being at Turks Island, did obtain Permission in Writing, dated 24th November 1786, from Andrew Symmer the Commander there, to take on board 1200 Bushels of Salt, and any other Product of that Island not prohibited by Act of Parliament.
That on the 25th . November 1786 he took in about 350 Bushels of Salt, and was then seized by Captain Drysdal of the Vigilant Tender in the Service of the Custom House of his britannic Majesty, and carried to New-Providence, where she was libelled and condemned, the Captain not being able to prevail on any of the Gentlemen of the Law to appear in his Defence.
That if the Facts stated in these Papers are well founded, the Captain and his Owners have much Reason to complain of uncandid and unjust Treatment.
As to the Sentence and Decree of the Court of Admiralty, the Defendants must pursue their Remedy by Appeal in the accustomed Manner, and therefore in this Stage of the Business, your Secretary conceives that Congress cannot with Propriety interpose on the Principle that the Court has done wrong.
But as there is Reason to suspect that there was Collusion between the Commander at Turks Island who gave the Permit to take in the Salt, and Captain Drysdal who seized the Sloop for so doing; and as from the Refusal of the Lawyers at Providence to be concerned against such Seizures, it seems as if the Influence of the King's Officers there was exerted in a Manner little consistent with the Honor and Justice of the Nation, your Secretary thinks it would be useful to the commercial Interests of the United States to cause his britannic Majesty to be well informed of these Facts.
But as before any Dispatches from hence can reach Britain, it is highly probable that Mr . Adams will have left it, and as Congress have not thought it adviseable to appoint a Successor to him, nor to charge any Person with their Affairs there, your Secretary cannot think of any other Order or Resolution that would be proper to take on the Application in Question, than that your Secretary should be directed to return the said Papers and Documents to Messrs . Clark and Nightingale, and inform them, that as a Way for Redress remains open to
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them by Appeal in the ordinary course of judicial Proceedings, it would be improper for Congress to interpose at present.
All which is submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 March 25, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 188, the following was referred to the Board of Treasury to report:
Letter of John May to President of Congress, January 15, 1788, respecting bills of exchange drawn on Turnbull, Marmie and Co., which were protested. Papers of the Continental Congress, No. 78, XVI, pp. 537--539, read March 25, 1788. The protested bill is on p. 541. Report rendered May 7, 1788.
According to Reports of Committees, Papers of the Continental Congress, No. 189, p. 34, the committee on the award of the referees in the matter of contractors (Roosevelt's letter) reported, but the report was not read. It is stated that the report was acted on June 11 and that it was flied with reports of the committees on the Treasury Department. See February 29, 1788.
According to indorsement the report of the Board of Treasury on the memorial of Rapalje and Woods was postponed. See March 19 and May 7, 1788.]
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