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Arthur St. Clair 9th President of the United States in Congress Assembled February 2, 1787 to October 29, 1787 by Stanley L. Klos

Chapter Sixteen

(continued)


by: Stanley L. Klos Published by ROI.us Corporation

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Arthur St. Clair
9th President of the United States
in Congress Assembled February 2, 1787 to October 29, 1787

Revolutionary War Major General


Continued

President Elias Boudinot now in his home state of New Jersey and protected by their militia wasted no time in dealing harshly with the mutineers. On June 30th, the day after Congress's arrival in New Jersey, a resolution was passed ordering General Howe to march fifteen hundred troops to Philadelphia to disarm the mutineers and bring them to trial. The Journals reported:

That Major General Howe be directed to march such part of the force under his command as he shall judge necessary to the State of Pennsylvania; and that the commanding officer in the said State he be instructed to apprehend and confine all such persons, belonging to the army, as there is reason to believe instigated the late mutiny; to disarm the remainder; to take, in conjunction with the civil authority, the proper measures to discover and secure all such persons as may have been instrumental therein; and in general to make full examination into all parts of the transaction, and when they have taken the proper steps to report to Congress.

Before this force could reach Philadelphia, General St. Clair, Alexander Hamilton and the Executive Council had succeeded in quieting the disturbance without bloodshed. The principal leaders were arrested, obedience secured, and a trial was set.

The Congressional resolution directing General Howe to move with the troops against the mutineers greatly affronted St. Clair. The General regarded it as an attempt to supersede his rank and undermine his negotiations. Arthur St. Clair took it upon himself to write President Boudinot a scathing letter. The President, who received all official mail addressed to Congress, made the decision not present the letter to the governing body. Instead Boudinot summoned St. Clair and met with him on July 3rd and wrote this account to Commander-in-Chief George Washington:

General St. Clair is now here, and this moment suggests an Idea which he has desired me to mention to your Excellency, as a Matter of Importance in his View of the Matter in the intended Inquiry at Philadelphia--That the Judge advocate should be directed to attend the Inquiry. By this Means the Business would be conducted with most regularity. The Inquiry might be more critical -- and as several officers are in Arrest, perhaps a Person not officially engaged, may Consider himself in an invidious Situation. It is late at Night, and no possibility of obtaining the Sense of Congress, and therefore your Excellency will consider this as the mere Suggestion of an individual & use your own Pleasure. I have the Honor to be with the most perfect Esteem & respect, Your Excellency's Most Obed Hble Servt, Elias Boudinot

Arthur St. Clair had already sent this suggestion to Washington, who upon receiving it immediately ordered Judge Advocate Thomas Edwards to Philadelphia. Elias Boudinot, three days later, wrote this July 9, 1783 letter to Arthur St. Clair attempting to settle the military matter:



Princeton, July 9, 1783 Elias Boudinot to Arthur St. Clair - Courtesy of the Author

Dear Sir, I duly recd your favor of yesterday but conceiving that you had mistaken the Resolution of Congress, I showed it to Mr. Fitzsimmons and we have agreed not to present it to Congress, till we hear again from you. Congress were so careful to interfere one way or the other in the military etiquette, that we recommitted the Resolution to have every thing struck out that should look towards any determination as to the Command, and it was left so that the Commanding officer be him who it might, was to carry the Resolution into Execution; and it can bear no other Construction. If on the second reading you choose your Letter should be read in Congress, it shall be done without delay …

Elias Boudinot, President

P. S., You may depend on Congress having been perfectly satisfied with your conduct.

Boudinot, undoubtedly, trusted St. Clair's judgment and spared him the embarrassment of making his letter known to Congress. As a result of the mutiny the accused ringleaders were sentenced to death, but were pardoned by Congress in September 1783. Arthur St. Clair stature that summer reached new heights in the eyes of his fellow countrymen and the Delegates of the United States in Congress Assembled.

St. Clair was of an "imposing appearance" bearing a tall and graceful carriage with blue eyes and graying chestnut hair. He was known to be intelligent and well-educated, "of great uprightness of purpose, as well as suavity of manners." He was reportedly, a devoted husband to Phoebe, the mother of seven children, who became mentally ill in 1777. Arthur St. Clair was plagued from reoccurrences of the gout, which prevented him from riding too long on a horse and in later years confining him to long hours in his bed. St. Clair preferred the calling of public service, finding it to be more engaging and meaningful than attending to his private investments. Even after the war, he remained active in political circles and the intrigues of the disbandment of the Continental Army. In 1785 he was elected a Pennsylvania delegate to the United States in Congress Assembled and served in Congress until November 28th, 1787.

1785 and 1786 were turbulent years as the United States Government was nearly bankrupted and in chaos. Shays' Rebellion, led by Daniel Shays a former Revolutionary Army captain exemplified the mood of the nation. His followers, who were primarily New England farmers, rebelled against unsettled economic conditions, corrupt politicians and laws which were revoltingly unfair to working people in general. They protested against excessive taxes on property, polling taxes which prohibited the underprivileged from voting, inequitable actions by the court of common pleas, the excessive cost of lawsuits, and the lack of a stable currency.

On August 29, 1786, rebel mobs stormed the courthouse in Northampton to prevent the trial and imprisonment of debtors. In September 1786, Shays and about 600-armed farmers stormed the courthouse in Springfield. On January 25, 1787, Shays led 2000 rebels to Springfield, Massachusetts to storm the arsenal and in the midst of this bedlam Congress needed to elect a President of the United States to lead the unicameral government.

…The Rebels formed and fired on our people, killed a Mr. Gleason of Stockbridge, a Mr. Porter of Barrington, and wounded three others. The fire was returned, which killed two and wounded five, among whom was their commander. At this instant, our troops in sleighs came up; but before the men could form, the Rebels broke and took to the woods. We have made prisoners of 25 of them, retook all our friends and their property...We have been very much harassed since out troops left this point. The malice of the Rebels can be equaled only by no order of beings but Devils. - CONNECTICUT COURANT 1787

1787, the most eventful legislative year in U.S. History, and it began with only eight states assembling in New York City electing Arthur St. Clair the 9th President of the United States in Congress Assembled on February 2, 1787. Shays' attack on the Massachusetts Arsenal only 9 days after the election exemplified the dire crisis of the nation. The leaders of the United States turned to Arthur St. Clair, who freed them from mutineers in Philadelphia and had close personal ties to former Commander-in-Chief George Washington.

The five States that had no representation in Congress, New Hampshire, Rhode Island, Delaware, Maryland, Virginia, and North Carolina, were notified of the St. Clair Presidency by the Charles Thomson February 2nd letter:

I have the honor to transmit to Your Excellency herewith enclosed two Volumes of the Journal for 1786, together with two Indexes for the Volumes already sent; one for the Legislature and the other for the Executive; And to inform Your Excellency that this day the United States in Congress Assembled have been pleased to appoint his Excellency Arthur St Clair their President for the current Year. With great respect,

Charles Thomson,
Secretary of the United States in Congress Assembled

I am sorry to mention that Your State still continues to be unrepresented.

February 2nd ushered in a Presidency and a Congress that would transform rebellion and a bankrupted confederation into a political system that stills governs the United States of America in the 21st Century. As American ingenuity would have it, this historically important date would be forgotten by the 19th Century and later transformed into a celebration of a Groundhog's ability or inability to see his shadow.

Arthur St. Clair, despite being a revered Confederation President was still in debt, six years after the surrender of Cornwallis in Yorktown, by evidence of this letter to financier John Nicholson:

Your Letter of the 3d instant did not reach me until the 10th. I was not to learn, Sir, that my Accounts are directed to be settled Quarterly, and that it is your duty to see it done, and to compel the payment of any Balance that may be due to the State; neither have I ever been absurd enough, even in thought, to complain of your discharging your Duty, however I may have expressed myself, which indeed I do not remember, as I have no Copy of the last Letter I wrote you. I did however, I know, complain that some intimation was not given that, if the Debt due by me was not paid by some-certain time, a Suit would be instituted. I believe I said that I thought I might have expected such intimation and I believe upon Reflection you will be of Opinion that if I had not reason to expect it from You as an Officer, I was not wrong to expect it from you as a Man.

It is most certain I did not know that old Balance had not been paid off. Though I acknowledge now, as I did then, that is no Justification; but if you had been pleased to have been more explicit, it would have led me to enquire more particularly, and I certainly had not left the City until provision had been made for the payment, though it had been attended with giving you the trouble to cut up more of my Certificates. It is true Sir many of them have been for Sale, and for purposes I am not ashamed of; for discharging Debts contracted during the progress of the Revolution; which cost me a great part of my Property when many others were making their Fortunes.

As to the Attestation to the Accounts, I request you to recollect that before I removed my Family from Philadelphia I communicated to you my Doubts on that Head, and desired to know whether the Attestation could not be made by one of the Gentlemen who did the Business for me, and that you told me it could be done. I own that I have since been surprised to find them presented to me for that purpose, but I ascribed it to your desire to have it done by me rather than another, as being more regular; that the Attestation by either would give the State no greater security I agree, for I have that Opinion of the Integrity of all concerned, that nothing would be done by them where that Sanction is not required, that they would not be very ready to confirm by it, if it should be thought necessary.

In an earlier attempt to improve intrastate commerce under the Articles an Annapolis] Convention was held in September 1786. The convention only attracted Delegates from five of the 13 states, Maryland, New York, New Jersey, Delaware, Pennsylvania, and Virginia and was called "Proceedings Of Commissioners To Remedy Defects Of The Federal Government". This gathering in Annapolis issued a report on September 11, 1786 that called upon the thirteen states to send representatives:

… to meet at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union; and to report such an Act for that purpose to the United States in Congress assembled, as when agreed to, by them, and afterwards confirmed by the Legislatures of every State, will effectually provide for the same.

Five months later, unlike his predecessor Nathaniel Gorham, President Arthur St. Clair brought the Annapolis motion before Congress. On February 21, 1787 St. Clair's Confederation Congress formally approved the resolution for a Philadelphia Convention at Independence Hall to revise the Articles of Confederation beginning in the 2nd week of May 1787.

Resolved that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the States render the federal Constitution adequate to the exigencies of Government3 and the preservation of the Union. - Journals of the Confederation Congress WEDNESDAY, FEBRUARY 21, 1787

It is important to note that this resolution refers to the Articles of Confederation as the Federal Constitution. This description of the Articles is a term NOW used by contemporary scholars exclusively for the current constitution and its amendments. The Articles of Confederation is and will always be, despite their claims, the first U. S. Federal Constitution.

This 1st constitution was born in York, Pennsylvania under the leadership of Continental Congress Presidents John Hancock and Henry Laurens. Unaltered over the next four years in a painful but unanimous ratification process, the 1st Federal Constitution became the law of the land in 1781 under leadership of Samuel Huntington, the 1st President the United States in Congress Assembled. These facts are irrefutable and consistently misstated by authors, scholars, municipal, state and federal agencies.

Case in point, on a recent road trip to York, Pennsylvania I discovered that the town boldly proclaimed itself to be "The First Capital of the United States." It was disheartening, not because the Articles of Confederation were started and finally ratified in Philadelphia, but because a more noble fact was glossed over by the York Borough claim. It was in that Susquehanna Hamlet a fleeing 1777 Continental Congress miraculously assembled and gave birth to the First Constitution of the United States, the Articles of Confederation. York, instead of trumpeting this fact from their roof tops, perplexingly concocted this absurd claim, "The First Capital of the United States.". Whether it is a "Historic Sin" of ignorance or design it is an error that needs to be corrected.

York's claim as the "First capital of the United States" is damaging because U. S. History has lost favor with school boards of primary and secondary educational systems all throughout the nation. For this reason York's sizzling spin, probably created to lure tourism, spews out a baffling smoke choking the minds of unwary Central Pennsylvania students and tourists who earnestly seek historic clarity. York, the "Birthplace of the 1st U.S. Constitution", declaration is not harmless puffery but downright buffoonery. If the town that birthed the Articles of the "Perpetual Union" can not properly interpret this radiant detonation of democracy in world history, who truly can?

With the 1787 resolution passed calling for the revision of York's Articles of Confederation the new congress moved forward on a variety of matters while General Benjamin Lincoln squashed Shays rebellion in Massachusetts. On March 9th, 1787, Arthur St. Clair received the following report from Massachusetts on Shays Rebellion:

The delegates of Massachusetts in Obedience to the Instructions of the legislature of that Commonwealth and to the end that their constituents may claim and possess all the benefits and advantages to which by the articles of Confederation and perpetual Union they are or may be entitled, represent to the United States in Congress assembled the information contained in the three subjoined papers N 1 being the speech of the Governor of the Commonwealth of Massachusetts to the general court thereof. N 2 The reply of the general court to the speech of the Governor And N 3 the declaration of a rebellion within that commonwealth. And the said delegates in conformity with the instructions of their constituents farther represent to the United States in Congress assembled that the legislature of Massachusetts are firmly persuaded that by far the greater part of the citizens of that commonwealth are well affected to the government thereof and that there is the highest probability by the blessing of Almighty God that the present rebellion will be speedily suppressed. The said legislature confiding that had it been necessary the firmest support and most effectual aid would have been afforded by the United States to that Commonwealth for putting an end to the insurrections and rebellion which have happened within the same, such support and aid being expressly and solemnly stipulated by the Articles of Confederation and perpetual Union.

The complete report is fully published in the March 9th, 1786 Journals of the United States in Congress Assembled. The Massachusetts Supreme Judicial Court sentenced fourteen of the rebel-lion's leaders, including Shays, to death for treason. Only two men, John Bly and Charles Rose of Berkshire County, were hung for their part in the Rebellion as the others, including Shays' case were held under review. On June the 13th, 1787 a newly elected legislature and Governor (John Hancock) offered a conciliatory resolution. The law provided for the indemnification of all citizens who had been part of the rebellion on the condition they subscribe to an oath of allegiance. The additional requirement on the nine prisoners, who were sentence to death, held that they would never accept or hold any civil or military office within the Commonwealth of Massachusetts.

Meanwhile the Congress had turned their eyes back to the west and the opportunities for raising revenue though land sales of the new Territory. Congress understood that the Ohio River was navigable to the Mississippi opening up trade routes to New Orleans and the warm waters of the Gulf of Mexico. A Spanish treaty for free and uninhibited access to the Mississippi Delta meant new business development and a marked increase in land acquisition and values. In this March 10th, 1787 Presidential letter to Thomas Fitzsimons, St. Clair writes concerning the Treaty with Spain as well as discussing moving the capital of Pennsylvania to Harrisburg:

Dear Sir,

As the Business of the Mississippi, and consequently the Treaty with Spain is, I see likely to be agitated in the Assembly, I have taken the Liberty to give you an Abstract, as well as I can recollect, of what passed on that Subject in another Place; not that I presume to furnish you with any new Ideas, or that I am insensible of the impropriety of divulging the Substance of Debates where Secrecy is enjoined. It is in my Opinion a very improper thing to bring matters of general national Import before the individual Legislatures, and is very rarely done, I believe, but where single Men conceive some Object of immediate Interest to themselves may be affected, and which they are inclined to pursue without much regard to the public good, and I take this to be very
much the Case in the present Instance. It is really a sort of Appeal to the People, who have Passions only to be roused, and no reason to be convinced or Judgment to be directed. It may be some excuse for myself that I know that Communications on this Subject have been made, and expressly with that view, to leading Men in some of the States, and have reason to believe that the same is done or doing by one, if not two of my Colleagues to Members of your House, and it appears to me to be proper that if one Side of a Picture is to be shewn, it should be presented on [the] other side also.

The Vote to remove the Seat of Government has surprised us here very much, and augurs ill to other Measures. I am of Opinion it would be best not to give it very serious opposition, or it will end in transferring it to Lancaster, and perhaps detaching the Members from that County from the Party. I cannot think them serious in the Design to go Harris's, but I think it very probable that they may explain themselves to them as having Lancaster really for their Object. There seems to be a Spirit of Madness gone forth amongst the People that nothing but some severe calamity I fear will restrain. The Massachusetts Insurrection seems to be quelled, but it is certain the discontents still prevail, and it may well be doubted whether the disqualifying so many People till the next general Election shall be over, was very prudent, or at all likely to remove them. We shall want one State more from the Southward to carry the removal
from this Place and have not a prospect of having it soon, as Maryland will not be here at all until a new Appointment takes place, after the meeting of their Legislature.

I am, Dear Sir, Your most obedient Servant, Ar. St. Clair


[P.S.] What is your Opinion of the Pittsburgh County. I wish we may not overshoot ourselves in that Business. I know Mr. Brackenridge is sanguine that the Republican Interest would prevail there; but I think he is mistaken, and I know that County very well. There are very few People in it that either know or care any thing about the State of Partys, still fewer that are decidedly with us and have any weight, and scarce any that would not sacrifice at the Shrine of popularity. The Presbyterian Interest is the prevailing Interest in all the western Counties, and they and the Constitutionals have made almost every where common Cause. The County Town for Westmoreland should be fixed; neither Hanna's nor Lacks Town are the proper places, the last is but eight miles from the southern boundary and the first about four miles farther whilst is forty at least to the northern and great deal more to the north East. Hannas Town would do well enough however whilst the County is kept together; but in case of a Division, and it must come some time, the place should be some where on the Loyal Hanning. There is a very good place at the Breast Works below the nine Mile run; but the land belongs to me, which would be I suppose an Objection. Irwin was complaining to me this morning that he is suspected of desertion. I wish the matter of his correspondence may not have been improperly mentioned. I told him I had heard of it in Philadelphia with Smillie; and that he boasted of it, on all occasions.

As a President, who didn't receive a paycheck, Arthur St. Clair like his predecessors, were constantly plagued with juggling his precarious personal finances in a debt ridden economy. In this March 13th letter to his political mentor James Wilson, a Signer of the Declaration of Independence, St. Clair goes into some detail about the Signer's real estate debt and land speculation in eastern Pennsylvania:

Do not ascribe it either to neg[lect or] want of Freindship that I have not written [to] you at an earlier day in any thing that respec[ts] you neither One nor other of these will ever have Place, tho I am sensible I may have exposed myself to the Suspicion.

If my continuing as a security for the Sum I endorsed a Note for will be any manner of Service to you, I am willing to do so, and ready to renew it in the manner it now stands or to put it into any other Shape that may be most useful, at any time that it may be des[ired.]

I have been turning in my Mind [the state] of the Lands you mentioned that you intended to [give] as a Security for your part of the Debts of your late unfortunate Partnership and been making Enquiries here from Persons that I believe competent Judges of the value of Lands situated as yours [are,] the Result of which has been that they would [be] a very ample Security for a much greater Sum provided there was not a necessity of very suddenly converting them into Money. When their Situation, all either upon the Delaware or having an easy communication with it and by it to the City of Philadelphia together with the Settlements that are already formed and the moral certainty of their rapid progression it is taken into consideration it is clear to almost a Demonstration that their value must increase more rapidly than any other Species of property whatsoever; indeed I presume if they were to be sold even now and time given for the payment they [wou]ld sell for much more Money, tho the Case might be otherwise if offered for ready Money only, for in that Case they must fall into the hands of monied Men who purchase only with a view to the increasing value and have no design of settlement. The present scarcity of Money would also influence the price greatly; but in disposing of them on time, and in lotts suited to settlem[ent] a much better price could be [o]btained; part of it [paid] down, and the Security for the remainder encre[ase in] consequence of the Settlements formed upon them, and even in this way the scarcity of Money will have its effects yet it is not so sensible. Because it is the custom of our Farmers, and those of this State also, to lay Money up for the express purpose of laying it out in Land; paying a part down and the rest by installments, I wish it may appear to other Gentlemen as clear as it does to me that the present value is beyond the Sum for which you propose to pledge it, and that in a very few Years indeed it will more than quadruple itself.

We have little News of Consequence. The Insurrection in Massachusetts seems to be entirely [sup]presse; and they have appointed Delegates to the Conv[en]tion which it is expected will be followed by like Appointments in the other eastern States.

Little did Arthur St. Clair know that these newly appointed delegates of the convention, of which James Wilson would be one, would revamp the entire government of the United States of America at Independence Hall.

On the same day of this letter the Secretary for Foreign Affairs, John Jay, reported on the expediency of establishing an agent or consul at Lisbon, Portugal.

Jay's report had been prompted by a February 20 letter from the American agent at Madiera, John Marsden Pintard. Pintard, who had been on leave in New York and was on the point of returning to Madiera, had recommended that Congress extend his "Agency" to include the port of Lisbon, adding that he would serve there, as he had in Madeira, without "any pecuniary Compensation or salary." Although expressing a preference for having "a Resident or Minister with consular Powers" at Lisbon, Jay essentially endorsed Pintard's recommendation, and Congress resolved March 13 "That a commercial Agent to reside at the Port of Lisbon be appointed.

The Journals of Congress record the following speech given by Arthur St. Clair:

The Cultivation of a strict Friendship with Port[ugal] seems to me an Object from which considerable Advantages to the united States would flow;and a commercial Treaty upon proper Principles is the most likely mode to secure those Advantages; but I do not conceive it is to be effected by sending a Resident to that Court. When Courts send Men in public Characters to the Courts of other Nations they have two Objects in view. As a testimony of their Respect and watch over their Interests either as the[y] stand upon the ground of particular Treaties or the general Law of Nations. For those purposes a Resident, an Envoy, an Ambassador are proper and Competent but for effecting a Treaty plenipotentiary Powers are necessary; with whatever Character then you invest the Person who may be sent to P. if a Treaty is the principal Design with full Powers for that purpose he must be cloathed. If the Expence is an Objection to sending a Minister; send a Person with Powers to effect the Treaty who after its Ratification shall take upon him the Character of a Minister, make the usual Compliments, return to his Country and be succeeded by a chargé des Affairs.

No appointment was made probably because Congress had yet to settle the claims of the former United States agent in Lisbon during the war. Arnold Henry Dohrman, who had fronted over $25,000 on behalf of captive Americans brought into Portuguese ports during the War, had yet to be reimbursed four years later. The Journals report that the day set for the election of the new Lisbon Minister, "March 19, was also the date the board of treasury submitted its report on Dohrman's claims, but its recommendations were not adopted until October 1."

On the 19th St. Clair's personal debt obligations were weighing heavily on his shoulders. He wrote John Nicholson of Philadelphia seeking money owed to him by Pennsylvania that he hoped to utilize to settle some private debts that were somewhat deficient. President St. Clair writes from New York on the 19th:

Tomorrow is the day which was fixed by you as the longest day to which any delay in the payment of our Arrears could be extended. I am not informed what payments or whether any have been since made. It is most unfortunate for me that I am at present confined to this City, by my public Duty, because I am certain I could if it had been possible to have got back to Philadelphia have obtained Money to answer the Demand in some way or other in the present Situation all I have been able to do has been to insist on the other two Gentlemen's paying up their respective Balances which will amount to a considerable part of the Sum; my own I have no other way of providing for, but by a Sale of Certificates, which I will send on for the purpose by tomorrows Post or the next day at farthest unless Council should be pleased to allow me to place them as a deposit in your hands for farther assurance and grant some farther time for the collection of our Debts, which I have requested. Should that not be complied with, which I flatter myself with, from the reasonableness of things and that I cannot suppose they would hurl destruction on the Head of any Man, where there has been no Crime, and the delay has arisen, in a great measure at least, from unavoidable Circumstances, attending the manner of conducting the Business; which was not introduced by me, and to which I have not been able to apply a Remedy. I have only to request that you will not issue process until my certificate gets to hand; that can be turned into Money in a few Hours, tho' to my very great Injury but the loss of Money is a trifle in my Eyes, compared to the loss of Reputation. There is a probability that Congress will remove to Philadelphia, but should that not happen, I suppose my presence may be dispensed with for a short time, but I can take no steps about it until I hear from Philadelphia which I expected by last post, and anxiously look for by the next.

The Letters of the Delegates report that "Coincidentally, St. Clair's account with Pennsylvania for his Service in Congress from the 15th day of January to the 15th day of March inclusive, 60 days at 6 Dollars per day,' was 'Ex[amine]d & settled' by comptroller general Nicholson this day."

St. Clair also took the time to write the Council of Philadelphia, on March the 19th, concerning his mounting debt due to his proper discharge of his duties as "Auctioneer for the City of Philadelphia." The Council, after some deliberation removed President St. Clair from this office on April the 13th:

Having seen a resolution of Council requiring all Officers who have public Monies in their hands forthwith to pay up their respective Balances; and in case of failure that they be displaced, and the Comptroller proceed against them for the recovery of them, I find myself unfortunately in a Situation to be included in the number of those who may be considered as delinquent, and consequently exposed to the Operation of that Resolution; and tomorrow is the utmost period to which the Comptroller has consented to extend any Delay. I would entreat Council to consider that I am not exactly in the same situation with other Officers concerned in the collection of the public Revenue; with those the Monies come directly into their hands without any Risqué; with me they do not; from the manner in which the Business of the vendue Office has been conducted, which I did not introduce, and have not been able to remedy, I am obliged to give Credit, not only for the State Duties, but for the value of the property disposed of, and to make advances of my own Monies to the proprietors and collect it again sometimes with great loss, always at a risqué, and at a very heavy Expense. That the Reason of my being at present so far behind is the large outstanding Debts, which, with all the Industry that could be used, I have not been able to get in. That however, I do expect that on the Day a considerable part of the Balance will be paid off. That the remedy the State has against me is a summary One, whereas against my Debtors, where obliged to bring Suits, I must wait all the Delays that legal forms allow, if they please to avail themselves of them; and in the present situation of Things, there are few that will not avail themselves of them, which does not put me upon an equal footing. That the consequence of a Suit will probably be ruin to me and my Family, which I flatter myself, indeed I am confident, it would give pain to Council to bring upon any Man where there was no Crime. I beg Council farther to consider that so far from being a lucrative Office, the City Vendue has never, since it has been in my Hands, maintained my Family, and that for some time past it actually has not paid the Expenses. I persuade myself it was their Intention to confer a favor when they appointed me to the Office, and I have ever cherished the most grateful Sentiments; but at this Moment a rigorous Exertion of the Balance I owe, would convert it into the most cruel Injury, involving, with the loss of Credit, the Destruction of a large Family, the principal part of whose provision has been swept away by the Expenses that attended the Station I held in the prosecution of the Revolution, and the Depreciation of the Money. I entreat Council farther to consider that the State runs no risqué of finally losing the Debt, because they have ample Security, for a much larger Sum; but should any Doubt be entertained on that Head, I will deposit in the Hands of the Comptroller public Securities to a much greater amount. It is peculiarly unfortunate that at this time I am confined to this City, if I could be only a few Days at Philadelphia I have reason to believe I could accomplish the payment, at least do something towards it from my own Funds, which I certainly would tho' at a great loss, there is however a probability that I shall soon be able to go there. In the mean time some farther indulgence in point of time would be of infinite Service and I have to request Council that they will be pleased to give Directions to the Comptroller.

April's business in the United States in Congress Assembled centered around 1787 fiscal estimates, Spanish negotiations on the Mississippi, another land sales plan for the Northwest Territory, the establishment of copper coinage, and the discharge of the troops who had enlisted to put down Shays' Rebellion. Only on the 16th and 17th did Congress fail to achieve a quorum. On the 21st the following resolution was enacted for the copper coinage:

That the board of treasury be and they are hereby authorized to contract for three hundred tons of copper Coin of the federal standard agreeably to the proposition of Mr. James Jarvis; provided that the premium, to be allowed to the United States on the amount of copper Coin contracted for, be not less than fifteen per cent; that it be coined at the expense of the contractor, but under the inspection of an Officer appointed and paid by the United States.

That the Obligations to be given, for the payment of the copper coin to be delivered under such contract, be redeemable within twenty years after the date thereof, that they bear an interest not exceeding six per cent per annum and that the principal and interest accruing thereon be payable within the United States. That the whole of the aforesaid loan shall be sacredly appropriated and applied to the reduction of the domestic debt of the United States and the premium thereon towards the payment of the interest of the foreign debt.

This was immediately followed by a resolution adopting sales of western lands:

Resolved, that after the Secretary at War shall have drawn for the proportionate quantity of the lands already surveyed which were assigned to the late Army, agreeably to the Ordinance1 of the 20th May 1785, the remainder shall be advertised for Sale in one of the Newspapers at least of each of the States, for the Space of four months from the date of the Advertisement, [and] at the expiration of which time [five months from this day], the sale of the land shall commence in the place where Congress shall sit, and continue from day to day until the same shall be disposed of; provided that none of the Land shall be sold at a less price than one dollar per Acre, and that the Sale shall be made agreeably to the mode pointed out by the Ordinance aforesaid.

Resolved, that one third of the purchase money shall be immediately paid in any of the public securities of the United States to the Treasurer of the said States; and that the remaining two thirds shall be paid in like manner in three months after the date of the sale, on which payment (a Certificate thereof being previously furnished by the Treasurer to the Board of Treasury) Titles to the lands shall be given to the purchasers by the Board of Treasury, agreeably to the terms prescribed by the said Ordinance; provided, that if the second payment shall not be made in three months as aforesaid the first payment shall be forfeited, and the land shall again be exposed to Sale.

Ordered, that the Board of Treasury take the Necessary measures for carrying the aforesaid resolutions into effect, and also for exhibiting the Surveys of the Lands.

April 23rd brought the approval of extend franking privilege to the delegates of what would become the Constitutional Convention. On the 24th Congress was forced to order recapture of Fort Vinncennes that was a very important fortification during the Revolutionary War. George Rogers Clark had captured Vincennes in 1779 and Virginia established the county of Illinois which marked the beginning of U.S. control of the Northwest Territory. Virginia's secession of the territory and Fort to the Federal Government prompted squatters and settlers to take a bold action against the Congress. The Journals reported that "a body of men who have in a lawless and unauthorized manner taken possession of post St. Vincent's in defiance of the proclamations and authority of the United States." This action forced Congress to dispatch troops to regain possession. Good news followed this act with the notification that the Massachusetts-New York land dispute was finally settled. On April 25th and 26th Congress received and debated North Carolina's formal protest against their Native American treaties. From April 27th to May 1 Congress failed to achieve a quorum.

Congress was able to gather itself together again from May 2nd to the 11th debating proposals concerning interstate commercial conventions, the Northwest Ordinance, the location of federal capital and once again Mississippi River negotiations with Spain. From May 12th-31st the United States Confederation Government failed to achieve quorum due to the loss of delegates from each State to attend the Constitutional Convention at Independence Hall. On May 18th even the President found it important to go to Philadelphia writing Secretary Thomson this letter:

Having some pressing Business, in a distant part of Pennsylvania, that cannot well be done without my being personally present, I avail myself of the Situation of Congress at this time to attend to it. It will probably be five or six Weeks before I can return, but I am the easier on that account as there seems little probability that Congress will be fuller within either of these Periods. Should however a sufficient number of States for the dispatch of Business present themselves earlier, be so obliging as to make them acquainted with the necessity there was for my Absence, and my request that they will please to appoint a Chair-Man until I can get back, an Event that I will hasten as much as possible. The Adjournment from Day to Day until seven States appear you, of course, will attend to, and I find by the Journals that the presence of the President, merely for the purpose of adjourning has not been thought necessary but has often been done by the Secretary.

Despite the directives in St. Clair's letter, Charles Thomson also left for Philadelphia and did not return to New York until June 24th. William Grayson was elected chairman of Congress to perform presidential duties until St. Clair's return on July 17th. Who was discharging the duties of both offices in late May is still a question of scholarly concern.

On May 25, 1787 a quorum of delegates from seven states arrived in Philadelphia to start the meeting that is now known as the Constitutional Convention. The Constitutional Convention began the work on the New Plan for The Federal Government on June 19. St Clair's Congress, meanwhile, was unable to form a quorum for the entire month of June.



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On July 4th, Congress decided to take up, once again, the Northwest Ordinance as the blueprint for national expansion to the West. This ordinance had failed enactment for nearly three years. The lack of a body of laws to govern the vast territory north and west of the Ohio River ceded to the United States in the Treaty with Great Britain stifled the westward expansion.

Much was accomplished, most likely in secret Philadelphia meetings in June, as the Congress received a comprehensive report on the sale of western lands to land companies on the 10th. This was immediately followed by a complete reading of the new Northwest Ordinance on the 11th. It was a combination of the dire need for federal money and St. Clair's leadership (despite him still being in Philadelphia) that the Confederation Congress, on July 13, 1787, passed one the most far-reaching acts in American history, the Northwest Ordinance:

An Ordinance for the government of the Territory of the United States northwest of the River Ohio. Section 1. Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. …" (see the end of the chapter for the full text of the Northwest Ordinance)."

The world was now put on notice that the land north and west of the Ohio River and east of the Mississippi would be settled and utilized for the creation of "… not less than three nor more than five territories." Additionally, this plan for governing the Northwest Territory included freedom of religion, right to trial by jury, the banishment of slavery, and public education as asserted rights granted to the people in the territory. This ordinance was and still remains one of the most important laws ever enacted by the government of the United States.

Specifically, this ordinance was an exceptional piece of legislation because Article Five permitted the people North and West of the Ohio River to settle their land, form their own territorial government, and take their place as a full fledged state, equal to the original 13. The Northwest Ordinance's Article Five became the principle that enabled the United States rapid westward expansion, which ended with the inclusion of Alaska and Hawaii as our 49th and 50th states. This ordinance also guaranteed that inhabitants of the Territory would have the same rights and privileges that citizens of the original 13 States enjoyed. Equally important Article Six provided that slavery and involuntary servitude were outlawed in the Northwest Territory. This was a law that finally gave some merit to the Declaration of Independence's "... all men are created equal..." It took three years and a Congress led by Arthur St. Clair to pass this ordinance making the legislation one of the great documents in American History. In the words of Daniel Webster:

We are accustomed to praise lawgivers of antiquity ... but I doubt whether one single law of any lawgiver, ancient or modern, has produced the effects of more distinct, marked, and lasting character than the Ordinance of 1787

Christianity was also boldly expressed in the legislation as Article Three of the Ordinance stated:

Religion, Morality and knowledge being necessary to good government and the happiness of mankind, Schools and the means of education shall be forever encouraged.

Despite this Congress did not, like many of the state governments, provide financial aide to the churches in the West. This never occurred because the United States government was financially insolvent in the late 18th Century and the constitution which, emerge from Philadelphia that same year, drastically changed the direction of federal politics.

Mid-July brought about the return of President Arthur St. Clair, who would later be unanimously voted Governor of the Northwest Territory. The research indicates that St. Clair vacating the congressional chairmanship of this measure was deliberate. He earnestly sought the governorship and wanted to his candidacy to move forward without any charges of impropriety during the crafting and passage of the final legislation.

On July 18th Congress ratified a commercial treaty with Morocco and deliberated on land claims made by the southern Native Americans. Three full days were then spent on debates and measures for Native American pacification. On July 20th Congress turned to instructing Minister John Adams on how to address Britain's violations of the Treaty of Peace:

Resolved That the minister of the United States at the Court of Great Britain, be and he is hereby instructed to inform his Britannic Majesty that Congress have taken measures for removing all cause of complaint relative to the infraction of the 4th and 6th Article of the treaty of peace, and that he communicate to his Majesty their resolutions of the 21st. March last together with their circular letter to the States, of the 13th day of April.

Resolved, that the said Minister be and he hereby is authorised and directed in the name and behalf of the United States to propose and conclude a Convention with his Britannic Majesty whereby it shall be agreed that the value of slaves or other American property carried away contrary to the 7th Article of the Treaty of peace be estimated by Commissioners; and that he also endeavor to obtain an Article to fix the true construction of the declaration for ceasing hostilities, and to stipulate that compensation be made for all Captures contrary to it.

Resolved, that the said minister be and he hereby is further instructed to assure his Majesty that it will always give pleasure to Congress fairly to discuss and accommodate every difference or complaint that may arise relative to the construction or to the performance of the Treaty. That they are determined to execute it with good faith. And that as this is the only instance in which any complaints have come regularly before them they flatter themselves that the readiness with which they have taken measures to remove these complaints will create in him a full confidence in the purity of their intentions, and that he assure his Majesty that they fully repose and confide in his assurances "that whenever America shall manifest a real determination to fulfil her part of the treaty Great Britain will not hesitate to co-operate in whatever points depend upon her for carrying every Article into real and compleat effect.

On July 27th, Congress resumed debate over Native American matters. Charles Thomson as the Secretary to the Continental Congress and the United States in Congress Assembled from its beginning to its demise yielded considerable influence. He was especially found of Christian evangelization with the Native Americans. For several years Bishop John Ettwein had been requesting and often obtaining aide for Christian Native Americans through the efforts of Secretary Thomson. The Bishop's pleas, along with Thomson's influence, resulted in Congress passing some unusual legislation making public lands available to a group of Native Americans for religious purposes by this resolution:

Whereas the United States in Congress Assembled have by their ordinance1 passed the 20th May 1785 among other things Ordained 'that the Towns Gnadenhutten, Schoenbrun and Salem on the Muskingum and so much of the lands adjoining to the said Towns with the buildings and improvements thereon shall be reserved for the sole use of the Christian Indians who were formerly settled there, or the remains of that society, as may in the judgment of the Geographer be sufficient for them to cultivate'.

Resolved That the board of treasury except and reserve out of any Contract they may make for the tract described in the report of the Committee which on the 23d instant was referred to the said board to take order, a quantity of land around and adjoining each of the before mentioned Towns amounting in the whole to ten thousand acres, and that the property of the said reserved land be vested in the Moravian Brethern at Bethlehem in Pennsylvania, or a society of the said Brethern for civilizing the Indians and promoting Christianity, in trust, and for the uses expressed as above in the said Ordinance, including Killbuck and his descendants, and the Nephew and descendants of the late Captain white Eyes, Delaware Chiefs who have distinguished themselves as friends to the cause of America.

Charles Thomson happily reported in August to Bishop Ettwein that:

On the 27 of last Month I received your letter giving an Account of the situation & present circumstances of the Indian congregation. I communicated it [to] Congress who have been pleased to order a quantity of land around & adjoining the towns of Gnadenhutten, Schoenbrun and Salem on the Muskingum to the amount of ten thousand acres in the whole to be set apart and the property thereof vested in the Moravian Brethren at Bethlehem in Pennsylvania or a society of the said Brethren for civilizing the Indians & promoting Christianity, in trust and for the uses expressed in the Ordinance passed the 20th May 1785, including Kilbuck & his descendants and the Nephew & Descendants of the late Capt White Eyes, Delaware chiefs who distinguished themselves as friends to the cause of America.

I think it might be well to have the boundaries of the land ascertained, and if you should think the quantity reserved is two [too] small, I have little doubt but upon a proper representation previous to the taking a deed, it might be enlarged. I most heartily wish you success in your laudable endeavors for the benefit of those poor people, & that this may be a mean of forwarding them.

With Love to the Brethren, I am Dear Sir, Your obedient humble servt, Cha Thomson

Thomson's career in 1787, as the consummate founding father that faithfully served four Continental Congress and ten United States in Congress Assembled Presidents, was now nearing its end. Charles Thomson, truly, was the administrative glue holding the confederation government together from its start in 1774 to its end in 1789. In many ways, Thomson wielded more influence on the U. S. founding then any other man, save George Washington. It was Thomson's name, along with John Hancock's, that was boldly printed on the 1776 Declaration of Independence Broadsides. It was only Thomson's name that appeared on the Northwest Ordinance Broadsides of 1787. It was only Thomson's name that certified the resolution transmitting the U.S. Constitution to the States for ratification. Three of the four most important founding documents, as well as a host of others, bore his name and are testaments to the Secretary's influence on the naissance of the United States.

 

Chapter Sixteen Continued -- Click Here

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