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governor the plan of laying out the money to the best advantage and to appoint the general to superintend the execution of it. I have not hesitated to comply with the governor's request, saving all the rights of the Legislature of the United States. Accordingly I hereby request you, Sir, to concert with his Excellency the plan, and to superintend the execution of it, at least, until some other arrangement shall be made, if any other should hereafter be thought expedient.
The act above referred to is in the following words
An act for the further defence of this State, and for other purposes—
passed August 27th 1798.
Whereas the intrenchments already constructed in the city of New York and its vicinity are altogether inadequate to the defence of the said city and its ports, and whereas experience has justly evinced that the possession of said city and ports by an enemy will be highly injurious to the citizens of this State, even in the most interior parts thereof. To guard against evils of such extensive magnitude, and to cooperate with, and in aid of the government
[of?] the use of the militia of this State, [the cannon belonging to this state to procure?] stores and for building an arsenal [in?] such parts of this state as the person administering [the] government of this State for the time being shall [direct?]. That the person administering the government [of this] State for the time being do cause the said arsenal or [arm?]nals to be built, and the said purchases to be made in such manner, and on such terms as to him shall seem most advantageous to the interest of this State.
And be it further enacted that the arms ammunition cannon and military stores now belonging to the people of this State and such as may be purchased by virtue of this act shall be distributed or deposited in such place or places as the person administering the Government of this State shall from time to time direct.
[And be it further enacted that it shall and may be?] [undecipherable] [for?] the person adm[inistering the?] govern[ment of this?] State for the time being [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable]
And be it further enacted, that the Comptroller of this State shall, on the order of the person administering the government of this State for the time being, draw his warrant on the Treasurer of this State for the payment of the aforesaid several sums of money hereby appropriated or for such parts thereof as may from time to time be requisited or wanted for the purposes aforesaid by the person administering the government of this State. And that the said Comptroller shall audit the accounts of the expenses and disbursements which may accrue by reason of the premises, and shall annually lay the same before the Legislature at their stated meetings.
And be it further enacted that it shall and may be lawful for and the person administering the government of this State for the time being to borrow from the Bank of New York, or from any other bank within this State or from any individuals, or individuals the several sums of money hereby appropriated or such proportions or parts thereof as may be deemed necessary for carrying into effect the objects of this act. And the faith of the State is hereby pledged for the reimbursement thereof.
and be it further enacted that the Comptroller be and he is hereby empowered to borrow from the Bank of New York, the Bank of Albany, or any other persons or [individuals?] and [sums?] as may be sufficient to compensate the members and officers of both Houses of the Legislature on their travelling and attendance at the present meeting of the Legislature and other [Laws?]; and to pay the same out of any money that may come into the Treasury after the lapsing of this act, not otherwise appropriated.
And be it further enacted that it shall be lawful for the person administering the government of this State for the time being in case of necessity, to expend a part of the sums mentioned in the second clauses of this act not exceeding ten thousand dollars, to pay for any necessary contingent military expenses
Secretary's Office of the State of New York August 31st 1798. I certify the preceding to be a true copy of the original act now on file in this office.
Signed Daniel Haile Secty
The laws of the United States which respect the case are 6th. The act providing for the further defence of the ports and harbours of the United States, passed the 23d June 1798 and the act supplementary thereto, passed the 8th of May 1798.
By the 3d section of the former it is enacted that the President of the United States be, and he is hereby empowered & authorized to authorize any of the States where there are found indebted to the United States in a settlement of the accounts between them and the respective States, to expend under his direction, the sums respectively due from them, in fortifying their ports and harbours and the sums where so expended shall be passed to the credit of the said States on account of the balance found and reported by the commissioners for settling accounts between the United States and the individual states, to be due from the said States to the United States. Provided the said States shall and do cede to the United States the lands or places on which such fortifications shall be erected in cases when the lands are the property of such States. —
[of the later act]
The 2nd and 3d sections [provide?] that when any State [which shall be?] found indebted to the United States by the report of the commissioners for settling the accounts between the United States and the individual States, shall on the authorization of the President of the United States [erect?] a [undecipherable] or complete any fortification[s] [for?] one or more [of?] such States in the defence of any ports or harbours within them the same, or shall under the directions of the President of the United States make and erect any additional fortifications, pursuant to the act entitled "An act providing for the further defence of the ports and harbours within the United States," as such [appropriations?] made since the 25th day of [March?] 1798, [or?] which shall be approved by the President of the United States as the expenditures which have been, or which shall be directed by him, shall be allowed and credited to such State on account of the balance found and reported as aforesaid. Provided that no [undecipherable] [undecipherable] in [undecipherable] the balance found and reported against the respective State shall be allowed as aforesaid and [undecipherable] that the fortifications for which the [whole?] or any part of the expenditures shall be [undecipherable] allowed and credited as aforesaid [are?]
credited as aforesaid, with their [undecipherable] and appurtenances shall be, and shall be vested and established as the property of the United States when [constructed?] [undecipherable]. By the 3d [section?] of the said act it is declared that these words of the said act entitled [undecipherable] an act for the further defence of the ports and harbours of the United States, shall [undecipherable] is [undecipherable], provided the said State shall and do cede to the United States the land on, [undecipherable] or places on which such fortifications shall be erected in cases where the lands are the property of such States shall be, and the same are hereby Repealed —.
[The?] President [undecipherable] at [the?] same time together with all [considerations?] are now [concluded?] [undecipherable] [the?] [interested?] departments and some opinions are [expressed?] [undecipherable] [undecipherable] [the?] act of the President ought to be [countersigned?] officially by the Secretary of War, [as?] [undecipherable] [undecipherable] as it is [undecipherable] [recommended?].
If this [undecipherable] it is to be [undecipherable] determined, and the whole 100,000 dollars appropriated should be expended, conformably to the act of the Legislature of New York, they are requested to advise whether any other instructions should be given to General [Hamilton?] [undecipherable]
Than 5th. To apply the aforesaid monies on any part thereof that may be necessary to erect or complete such works on Governors, [Bedlows?] Ellis or [Oyster?] and New York Islands as in his opinion may be indispensable and proper, under such regulations for the government of those employed on the works as will ensure the strictest attention to economy.
2dly. That no work or works, or repairs to existing works are to be undertaken which cannot be completed or rendered useful as defences by the time aforesaid.
3dly. That the Governor be informed of the premises and that all monies expended as aforesaid not exceeding the appropriations and duly admitted and passed by the [inspector?] officer to be by him appointed, shall be considered as coming within the meaning of the 2d declaration of the before recited act, and be admitted accordingly as [undecipherable] to the State on account of the balance found and reported against the said State by the commissioners for settling the accounts between the United States and the individual State.
James McHenry