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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 --FRIDAY, MAY 2, 1788.
Congress assembled present New hampshire Massachusetts New Jersey, Pensylvania Maryland Virginia and South Carolina and from Connecticut Mr [Stephen Mix] Mitchel, from New York Mr [Leonard] Gansevoort from Delaware Mr [Dyre] Kearny and from Georgia Mr [Abraham] Baldwin.
[Report of Board of Treasury on memorial of W. Gardner1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I. pp. 529--530, read May 2, 1788. See August 2, 1787, May 5, July 11 and 15, 1788.]
The Board of Treasury to whom was referred the Memorial of W m . Gardner
Beg leave to Report
That although the case stated by the Memorialist is confirmed by the Commissioner of Accounts for the Clothing Department it is with regret the Board observe it is by no means singular; for that numerous instances occur daily, where private Credit has been
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obliged to support that of the Public during the late War, to the great Injury of the parties.
That the sum which the Memorialist prays may be paid to him out of the Requisitions due from the State of New Hampshire has been already included in a Certificate issued to him at the settlement of the General Balance of his Account, and that it would be therefore, improper, in the opinion of this Board to pay to any Individual in Specie, any part of his Capital in the Domestic Debt, whilst the Creditors at largo are obliged to receive paper for their Interest. Under these circumstances the Board submit to the consideration of Congress the following Resolve,
That the prayer of the Memorial of William Gardner cannot be complied with.
All which is humbly submitted
Samuel Osgood
Walter Livingston
Arthur Lee
10th . April 1788.
[Report of Board of Treasury on petition of M. Faunt Le Rey1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 389--392, read May 2, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 491. See March 6 and May 6, 1788.]
The Board of Treasury to whom was referred the Petition of Moore Faunt Le Ray late a Major in the Regiment of Light Dragoons, Commanded by Col. Stephen Moylan
Beg leave to Report.
That the Petitioner stands charged with the Sum of Three thousand Dollars, received by him from the Military Chest in the year 1777, which sum he alledges to have laid out for the recruiting and equiping the Troop, which he commanded during the War, in the Fourth Regiment of Light Dragoons commanded by that Officer; and that he had delivered up the Accounts and Vouchers of his disbursments in the year 1779, to Col. Moylan who had neglected to return the same to the Pay Office.
That it is stated to this Board by the Commissioner of Army Accounts that Col. Moylan had received from the United States sundry sums for the use of his Regiment, for the expenditure of which he had rendered no accounts, although frequently applied to for the
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purpose; and that this neglect has induced the Commissioner, in the Settlement of the Accounts of the Officers of his Regiment to make Stoppages, in order to cover any balance which might be due from them on account of advances received from Colonel Moylan.
On the above Memorial; the Board beg leave to observe that it would be improper to attempt any redress of the grievance complained of by the Memorialist, before Col. Moylan has rendered his Accounts and Vouchers of the Advances made by him to the Officers of his Regiment; more especially as the Petitioner has it in his power to bring Colo Moylan to Account by legal process provided he can sufficiently establish the delivery of his accounts and vouchers, as stated in his Memorial.
They are further of opinion that the Commissioner of Army Accounts should, without delay, take the necessary measures for bringing Colonel Moylan to account for the sums advanced to him, in order that Justice may be done to the United States as well as the Officers of his Regiment, whose Accounts through his neglect are still open.
Under these circumstances, they submit to the consideration of Congress the following Resolve,
That the petition of Moore Faunt Le Rey together with the Report of the Board of Treasury on the same, be referred to the Commissioner of Army Accounts to take Order.
All which is humbly submitted
Samuel Osgood
Walter Livingston
Arthur Lee
April 12th . 1788.
[Letters of Board of Treasury respecting Dutch loan]
Board of Treasury
April 17th . 17881
[Note 1: 1 Papers of the Continental Congress, No. 140, II, p. 491, read May 2, 1788. See May 5 and June 3, 1788.]
Sir: We have the honor of Enclosing to your Excellency for the Consideration of Congress, an Extract of a Letter2 received by the last Vessels from Europe, from the Commissioners of Loans, in Amsterdam. As the Proposition contained in this Letter is of a
[Note 2: 2 Papers of the Continental Congress, No. 140, II, pp. 496--501. Letter from Willinks and van Staphorst to Board of Treasury, January 18, 1788.]
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Nature so Extraordinary, as not to justify an Acquiescence on the Part of the Board without the Express Authority of Congress, we request the Favor of your Excellency to obtain the Determination of that honorable Body, as soon as possible, that we may signify it to the Commissioners. A Vessel will sail for Amsterdam in a few days; and Unless we should receive the Directions of Congress to agree to the Proposals of those Gentlemen, we shall Esteem it incumbent on us to disapprove of the Terms suggested in their Letter. We have the honor to be with great Respect, etc.,
Samuel Osgood
Walter Livingston
Arthur Lee
To His Excellency the
President of Congress.
Board of Treasury
April 21st . 17881
[Note 1: 1 Papers of the Continental Congress, No. 140, II, p. 505, read May 2, 1788. See May 5, 1788.]
Sir: We have the honor of Enclosing to your Excellency for the Information of Congress a Letter2 of the 7th . of February last, which came to hand by the French Pacquet. It relates to the same Subject as the Letter of the Dutch Commissioners which we had the honor of transmitting to your Excellency on the 17th . Instant.
[Note 2: 2 Thomas Jefferson to the Board of Treasury, Papers of the Continental Congress, No. 140, II, pp. 509--514 (copy).]
We have the honor to be, etc.,
Samuel Osgood
Walter Livingston
Arthur Lee
His Excellency,
The President of Congress.
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[Letter of Board of Treasury on government expenses1]
[Note 1: 1 Papers of the Continental Congress, No. 140, II, p. 521, read May 2, 1788.]
Board of Treasury
April 22d . 1788
Sir: We have the Honor of transmitting to your Excellency the Register's Statement2 of the Receipts, and Expenditures of the Treasury to the Close of the last Year, and an Abstract3 of the State of the Treasury for the Months of January, and February last.
[Note 2: 2 The several statements, prepared by Joseph Nourse, dated January 1, 1788 axe in Papers of the Continental Congress, No. 141, II, on the pages as indicated, as follows: (a) General account of Receipts and Expenditures (No. 14.) from 1st October to 31st December, 1787, pp. 479--480. This is supported by no. 1, Expenditures of the Civil List, pp. 502--508; no. 2, Expenditures in the Paymaster General's Department, p. 511; no. 3, Expenditures for subsistence of the Army, p. 515; no. 4, Expenditures of the Quarter Master General's Department, p. 513; no. 5, Expenditures of the Hospital Department, p. 517; no. 6, Expenditures of the Marine, p. 519; no. 7, Expenditures for Indian Affairs, p. 521; no. 8, Expenditures for Pensions, Annuities and Grants, p. 523; and no. 9, Expenditures for Contingencies, p. 525. (b) General Account of Taxes (No. 14) from 1st October to 31st December 1787, pp. 491--493. (c) Schedule of the Requisitions on the several States (a printed form, with the assigned quotas printed and the amounts paid and balances due written in by hand), pp. 483--484. (d) Account of Willink and van Staphorst, pp. 487--488.]
[Note 3: 3 Papers of the Continental Congress, No. 141, II, pp. 497 and 501.]
We have the Honor to be, etc.,
Samuel Osgood
Walter Livingston
Arthur Lee
His Excellency
The President of Congress.
[Report of Secretary at War on petition of Captain Vincent4]
[Note 4: 4 Papers of the Continental Congress, No. 151, p. 311, read May 2, 1788. Referred to the Secretary at War to take order. See October 26, 1787.]
The Secretary of the United States for the department of War to whom was referred the petition of Captain Vincent a Huron Indian
Reports
That the papers respecting Captain Vincent were at the latter end of August last presented to your Secretary at a time when Congress were not assembled. That he examined into the claims of the said Captain Vincent and found that his legal claims were adjusted but
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that he claimed for undefined and casual services which were most probably compensated at the time they were performed.
That your Secretary persuaded the said Captain Vincent to return to his own Country again giving him a gun powder and lead and paying his expences while in the city of New York.
That Congress having no lands on Lake Champlain cannot give any to the said Vincent. But should Congress think proper they will direct that he be furnished with provisions on Lake Champlain as long as the Canadians shall continue to be furnished. Being both aged and infirm he would be comprehended within the description of Canadians who are to be supplied with one years provisions. His services may also entitle him to a suit of clothes.
On this principle the following resolution is submitted
Resolved That the Secretary at War direct Captain John Vincent a Huron indian who rendered services to the United States during the late War to be furnished with rations in the same manner as the Canadian refugees on Lake Champlain are furnished and also a suit of clothes.
H Knox
War Office
October 27, 1787
His Excellency
The President of Congress.
[Report of the Secretary at War on Indian affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 343--346, read May 2, 1788. See March 24, May 15, 20 and July 2, 1788.]
The Secretary of the United States for the department of war, to whom was referred a letter2 of the 14'th of March 1788, from the Governor of the Western territory,
[Note 2: 2 See March 18, 1788.]
Reports,
That the confederation of a large number of tribes of Indians, to oppose the settlement of the lands, North of the river Ohio, is a subject of great importance, and seriously claims the attention of the United States.
That the said tribes of Indians have expressed the highest disgust, at the principle of conquest, which has been specified to them, as the basis of their treaties with the United States, and in consequence
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of which, the limits of their hunting grounds and territory, have been circumscribed and defined.
That the practice of the British government, and most of the Northern colonies previously to the late war, of purchasing the right of the soil of the Indians, and receiving a deed of sale and conveyance of the same, is the only mode of alienating their lands, to which they will peaceably accede.
That to attempt to establish a right to the lands claimed by the Indians, by virtue of an implied conquest, will require the constant employment of a large body of troops, or the utter extirpation of the indians. That circumstanced as they are at present, being in alliance with, and favorably treated by, the British government, the doctrine of conquest is so repugnant to their feelings, that rather than submit thereto, they would prefer continual war.
That the principle of waging war for an object which may be obtained by a treaty, is justly to be questioned.
That at the ensuing treaty, it is highly probable, the indians will, in the first instance, object to the right of the United States to the country North of the Ohio. If the Commissioners, who are to hold the treaty, are bound by instructions to adhere rigidly to the principle of conquest, and the limits of territory stated at the former treaties, an abrupt departure of the Indians, and hostilities in consequence thereof, may be expected.
Your Secretary humbly apprehends that the United States may conform to the modes and customs of the indians in the disposal of their lands, without the least injury to the national dignity. Were an opposition to the custom of the indians in this respect to be a material part of national character, it would not be highly estimated in the opinion of the world.
But, your Secretary conceives that the Commissioners may negociate an extinguishment of the indian claims, to the territory described by former treaties, and perhaps to the further extension defined in the instructions to the Governor of the Western territory, without calling in question the validity of the said treaties. In case of a new purchase, or the modification of the former boundaries, a suni of money may be given according to the indian custom, on the chiefs signing the deeds in the usual form.
As an extensive indian war in the present political crisis, and with an exhausted treasury, would be an event pregnant with unlimited
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evil, your Secretary submits, with all deference, the consideration of the propriety of so modifying the instructions to the Governor of the Western territory, and the Superintendant of Indian Affairs, as to admit of their extinguishing, by purchase, the indian claims to the Western country, described in the former treaties, with such additions, as the said commissioners shall be able to effect.
That the sum to be given, for the complete extinquishment of the indian claims to the said country, be limited to the sum of forty thousand dollars.
That one third of the said sum be paid in money, or goods, on the signing of the deeds at the ensuing treaty; one third, in the year 1789; and the remainder, in the year 1790; to be delivered on such days in the years aforesaid, and at such places, as shall be mutually agreed on.
All which is humbly submitted to Congress.
H Knox
[Letter of Secretary at War on Indian affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 150, III, p. 165, read May 2, 1788. The extract is on p. 161.]
War Office,
May 2nd . 1788.
Sir: I have the honor to submit to Congress, an extract of the last letter from Brigadier General Harmar of the 9'th of March.
The apparent friendly dispositions of the regular tribes on the frontiers, render it probable that the murders, stated in the Kentucky Gazette of the 5'th . of April last, were perpetrated by some of the vagrant banditti of indians, who have no fixed place of abode.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress.
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[Letter of Secretary at War respecting claim of J. Jackson1]
[Note 1: 1 Papers of the Continental Congress, No. 150, III, p. 169, read May 2, 1788. A copy of Jefferson's letter to Knox, respecting the claims of John Jackson, an English pilot, for pay, while detained by John Paul Jones, is on p. 173, with accompanying documents on pp. 177--178, 181--182 and 185. See letter from Secretary for Foreign Affairs, September 20, 1785, on the same subject. Journals, vol. XXIX, p. 733. See May 5, 1788.]
War Office,
May 2nd . 1788.
Sir: I have the honor to transmit to Congress the copy of a letter from the Honorable Mr . Jefferson dated at Paris, February 6th. 1788, with several enclosures. They were received at this office the 19'th of April.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress.
[Letters of Secretary for Foreign Affairs transmitting correspondence]
Office for foreign Affairs
1st . April 17882
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 458, read May 2, 1788. Enclosures returned to Office for Foreign Affairs, May 14, 1788.]
Sir: Your Excellency will receive herewith enclosed, a Letter3 of the 11th . December last from Mr . Adams, together with the Paper mentioned in it.
[Note 3: 3 Papers of the Continental Congress, No. 84, VI, p. 587, read May 2, 1788. Transmitted paper on Experiments in Navigation by Patrick Miller.]
With great Respect, etc.,
John Jay
His Excellency
The President of Congress
Office for foreign Affairs
1st . April 17884
[Note 4: 4 Papers of the Continental Congress, No. 80, III, p. 466, read May 2, 1788. The enclosures recommended Mr. Bondfield for vice consul at Bordeaux.]
Sir: Whatever may be the Intention of Congress relative to the Appointments mentioned in the enclosed Letters from Mr . Barclay5
[Note 5: 5 Papers of the Continental Congress, No. 91, II, p. 447.]
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and Doctr . Franklin,1 I think it my Duty to communicate them without waiting for the Occasion they allude to.
[Note 1: 1 Papers of the Continental Congress, No. 82, III, p. 281.]
I have the Honor to be, etc.,
John Jay
His Excellency
The President of Congress.
Office for foreign Affairs
1st . April 17882
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 462, read May 2, 1788. The enclosures mentioned are on pp. 391--391b and 392--393. Deane's letter is dated March 25, 1788. See February I and March 25, 1788.]
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter of the 25th . Instant from the Mayor of this City, together with the Copy of one from Alderman Wiley to him, which is referred to in it.
From these Documents it appears that the Complaint of Mr . Van Berckel has met with all the Attention which the Nature of the Case, and the Circumstances relating to it would admit of.
I have the Honor to be, etc.,
John Jay.
His Excellency the
President of Congress
Office for foreign Affairs
9th . April 17883
[Note 3: 3 Papers of the Continental Congress, No. 80, III, p. 470, read May 2, 1788. Jefferson's letter dealt with the brig Appolonia and communications with Mr. Dumas, which were enclosed. The enclosures were returned to the Office for Foreign Affairs on May 14, 1788.]
Sir: I yesterday received and now have the Honor of transmitting to your Excellency, herewith enclosed, a Letter from Mr . Jefferson of 21st . December last, together with the Papers mentioned to be enclosed with it; and am with great Respect, etc.,
John Jay.
His Excellency
The President of Congress.
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Office for foreign Affairs
11th . April 17881
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 478, read May 2, 1788.]
Sir: I have the Honor of transmitting to your Excellency two Letters2 of the 30th . November, and 16th . December last from Mr . Adams, with the Papers mentioned in the former; and am with great Respect, etc.,
[Note 2: 2 Papers of the Continental Congress, No. 84, VI, pp. 575--578 and 591--594, with a copy of the King's speech on pp. 579--584. The first discussed the King's speech and political affairs in Europe. The second treated of the approval of his conduct as Minister, the new Constitution and a projected quadruple Alliance of the two Emperors, France and Spain.]
John Jay.
His Excellency
The President of Congress.
Office for foreign Affairs
11th . April 17883
[Note 3: 3 Papers of the Continental Congress, No. 80, III, p. 474, read May 2, 1788. The enclosures were returned to the Office for Foreign Affairs on May 14, 1788. See May 5, 1788.]
Sir: Your Excellency will receive herewith enclosed a Letter and Translation of it, from a Mr . Collegnon, together with the little Book that accompanied it. Although his Propositions are too singular to be embraced, yet it may be adviseable to permit me to give him a general Answer.
I have the Honor to be, etc.,
John Jay.
His Excellency the President of Congress.
Office for foreign Affairs
11th . April 17884
[Note 4: 4 Papers of the Continental Congress, No. 80, III, p. 482, read May 2, 1788. Lamb's letter advised of his arrival in New York and requested a settlement of his mission to Algiers. See May 5, 1788.]
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter of the 10th . Instant from Mr . John Lamb, which it appears to me should be referred to the Treasury.
With great Respect etc.,
John Jay.
His Excellency
The President of Congress.
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Office for foreign Affairs
18th . April 17881
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 486, read May 2, 1788. The enclosures were returned to the office for Foreign Affairs on May 14, 1788. See May 5, 1788.]
Sir: I have the Honor to transmit to your Excellency, herewith enclosed, two Letters from Mr Jefferson dated the 31st . December2 and 5th . February3 last, together with the Papers mentioned to be enclosed with the former; and am with great Respect, etc.,
[Note 2: 2 This letter transmitted a Decree of December 29, 1787 for encouraging commerce and made observations thereon.]
[Note 3: 3 Papers of the Continental Congress, No. 87, II, pp. 47--49. It discussed European affairs, and announced the trip of J. P. Jones to Copenhagen and the death of Captain Coffin at Algiers.]
John Jay.
His Excellency
The President of Congress.
Office for foreign Affairs
21st . April 17884
[Note 4: 4 Papers of the Continental Congress, No. 80, III, p. 490, read May 2, 1788. The first four letters of Dumas related to his difficulties with the government in Holland. That of December 21 reported a proposed alliance between Holland, England and Prussia. The enclosures were returned to the Office for Foreign Affairs on May 14, 1788.]
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, sundry Letters from Mr Dumas of 14th . and 27th . November and 4th . 18th . and 21st . December last, together with Translations of them; and am with great Respect, etc.,
John Jay.
His Excellency
The President of Congress.
Office for foreign Affairs
24th . April 17885
[Note 5: 5 Papers of the Continental Congress, No. 80, III, p. 494, read May 2, 1788. Pintard's letter was regarding the conduct of his office at Madeira with a list of American ships that arrived there. The enclosures were returned to the Office for Foreign Affairs on May 14, 1788.]
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter from Mr . John M. Pintard commercial Agent of
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the United States at Madeira, dated the 3d . of March last, together with the Papers mentioned to be enclosed in it.
I have the Honor to be, etc.,
John Jay.1
[Note 1: 1 May 2, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 188, the following were read and referred:
Petition of Mary Cransbury, April 5, 1788, for a liquidation of pay due her deceased husband while in captivity. Papers of the Continental Congress, No. 62, p. 239. Referred to the Commissioner of Army Accounts to report. Report rendered May 13 and acted on May 15, 1788.
Memorial of Isaac Trowbridge, March 28, 1788, respecting his contract for carrying mail. Papers of the Continental Congress, No. 41, X, pp. 267--268. Referred to the Postmaster General to report. Report rendered May 6, 1788. See May 13 and June 17, 1788.
Representation of Benjamin Contee, March 17, 1788, with reference to his letter opened in the post office. Referred to the Postmaster General to report. Report rendered May 6, 1788.
According to indorsement the following were read:
Petition of G. Rapalje and John Woods, March 28, 1788, supplementing their previous petition, read March 12, 1788. Papers of the Continental Congress, No. 42, VIII, p. 412, with,original articles of agreement between Rapalje and Woods, and Henry Perine, on pp. 414--416. See May 5 and 7, 1788.
Letter of Sam Johnston, governor of North Carolina, to Secretary of Congress, March 19, 1788, respecting a commissioner to treat with the Creeks and Cherokees. Papers of the Continental Congress, No. 72, pp. 313--314.
Letter of Sam Johnston to Secretary of Congress, March 19, 1788, acknowledging receipt of resolution on granting of sea letters. Papers of the Continental Congress, No. 72, p. 309.
Letter of John Collins, governor of Rhode Island, to President of Congress, dated April 5, 1788, respecting the conduct of the Assembly with reference to the Constitution. Papers of the Continental Congress, No. 64, pp. 604--605, together with a certified copy of the Yeas and Nays from the respective towns, on pp. 608--609, and a printed attested copy of "An Act submitting to the Confederation of the Freemen of this State, the Report of the Convention of Delegates for a Constitution" on pp. 610--611.]
His Excellency
The President of Congress.
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