LIBRARY OF CONGRESS

JOURNALS OF THE CONTINENTAL CONGRESS 1774–1789

EDITED FROM THE ORIGINAL RECORDS IN THE LIBRARY OF CONGRESS BY JOHN C. FITZPATRICK

Volume XXXI. 1786

August 1–December 31

UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON

1934

TUESDAY, AUGUST 1, 1786.

Congress assembled. Present as yesterday.

Congress resumed the consideration of a report of the board of treasury, on a requisition for the year 1786: And a motion was made by the delegates for South Carolina, to amend the said report, by adding thereto as follows:

And whereas the United States in Congress assembled, by the Act of the 30 October, 1781, required the states to pay into the federal. treasury, eight Millions of dollars, and by their requisition of the 27 April, 1784, suspended the operation of one half of the said requisition of the 30 October, and called on the states to compleat the payment of the other half; And by their act of the 27 September, 1785, required of the states to pay three fourths of the remaining half of the said requisition of the 30 October, 1781; therefore Resolved , That may state which shall have paid a sum exceeding the said state's quota of that part of the said requisition of the 30 October, 1781, which was not suspended by the requisition of the 27 April, 1784, and the completion of which was demanded by the last mentioned requisition, and also the said state's quota of that other part of the said requisition of the 30 October, 1781, which was called for by the requisition of the 27 September, 1785, shall have credit for the amount of the sums so exceeding the quotas above mentioned, on the present requisition:

And on the question to agree to this Amendment, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no King, no no Sedgwick, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no div. Sturges, ay New York, Mr. Haring, no no Smith, no New Jersey, Mr. Symmes, no no Hornblower, no Pennsylvania, Mr. Pettit, no no Bayard, no Maryland, Mr. Henry, no Harrison, no no Ramsay, ay 0004 452 Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay ay

So it passed in the negative.

A motion was then made by the delegates of South Carolina, to amend the report by adding as follows:

Whereas the United States in Congress assembled, by their act of 30 October, 1781, required of the states eight millions of dollars, 373,598 of which was assigned to the state of South Carolina as their quota of the said requisition: And whereas the said state is entitled to a credit on the requisition above mentioned, for such supplies as were furnished the federal Army in 1782, and 1783; therefore Resolved , That the state of South Carolina shall have credit in specie on the said supplies in the present requisition, for so much as her share or proportion of the balance of the requisition of October, 1781, uncalled for by the Acts of the 27 April, 1784, and 27 September, 1785, amount to.

A motion was made by Mr. [Charles] Pettit, seconded by Mr. [Melancton] Smith, to postpone that amendment, in Order to take up the following:

Provided that so far as relates to the state of South Carolina, this requisition be considered as including one million of dollars, being that part of the requisition of the 30 October, 1781, which hath heretofore remained uncalled for, so far as to entitle the said state to the benefit of paying the same, in such manner as she was entitled to pay her quota of the said requisition of the 30 October, 1781.

0005 453

And on the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, no King, ay ay Sedgwick, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Symmes, no div. Hornblower, ay Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, no Harrison, no no Ramsay, no Virginia, Mr. Grayson, no Monroe, no no Carrington, no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, no no Few, no

So the question was lost.

0006 454

On the question to agree to the amendment, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, ay King, no no Sedgwick, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no div. Sturges, ay New York, Mr. Haring, no no Smith, no New Jersey, Mr. Symmes, no no Hornblower, no Pennsylvania, Mr. Pettit, no no Bayard, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So the question was lost.

0007 455

A motion was then made by Mr. [Charles] Pettit, seconded by Mr. [Nathan] Miller, to amend the report by making provision for the payment of two years interest on the domestic debt, and instead of reading “Domestic debt, one year's interest thereon, 1,606,56065/90 dollars,” to read, “domestic debt, two years interest thereon, 3,213,12140/90 dollars:” And on the question to agree to this amendment, the yeas and nays being required by Mr. [Charles] Pettit,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no King, no no Sedgwick, no Rhode Island, Mr. Manning, ay ay Miner, ay Connecticut, Mr. Johnson, ay div Sturges, no New York, Mr. Haring, no no Smith, no New Jersey, Mr. Symmes, ay ay Hornblower, ay Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, no Harrison, no no Ramsay, no Virginia, Mr. Grayson, ay Monroe, ay div Carrington, no Lee, no North Carolina, Mr. Bloodworth, ay div. White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Georgia, Mr. Houstoun, ay div Few, no

So the question was lost.

A motion was then made by Mr. [William] Grayson, seconded by Mr. [Rufus] King, to amend the clause of the report restraining the Commissioner of the Continental loan Office, from issuing certificates for the interest due on the domestic debt, “until the state for which he is Continental 0008 456 loan officer shall have passed a legislative Act complying with this requisition,” by inserting the words, “thereby providing adequate funds for” immediately after the words “legislative Act,” so that it read “until the state for which he is Continental loan officer shall have passed a legislative act, thereby providing adequate funds for complying with this requisition:” And on the question to agree to this amendment, the yeas and nays being required by Mr. [William] Grayson,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, ay King, ay ay Sedgwick, no Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, no div. Sturges, ay New York, Mr. Haring, no div. Smith, ay New Jersey, Mr. Symmes, ay * Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, no Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay North Carolina, Mr. Bloodworth, no div. White, ay South Carolina, Mr. Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative.

0009 457

Aug . 1, 1786.

After debate, an order passed for Secretary for foreign Affairs to attend Congress on thursday next, at 12 O'clock on the subject of his letter of 29 th May. 1

1 This entry by Thomson is in Secret Journal, Foreign , No. 5. According to Committee Book No. 190 the committee of May 31 on Jay's letter of May 29 was this day, August 1, discharged after it had recommended that the letter be referred to a Committee of the Whole. See ante , May 31. Thomson's letter to Jay requiring his attendance is in No. 55, folio 319. See post , August 3.

Office Of Secretary Of Congress , August 1, 1786 .

On the petition of Daniel Pendleton late a capt. in the Corps of Artificers, stating his services and claiming Commutation for half pay—

Agreed to Aug. 1. The Secretary of Congress reports That the petition of Daniel Pendleton be referred to the Commissioner of Army Accounts to report.

On the memorial of Francis Cazeau stating his sufferings and that he unintentionally omitted in his former Account to charge several items annexed to this memorial amounting to 110 dollars and praying that the same may be allowed and paid him—

Agreed to Aug. 1. The Secy of Congress reports That the memorial of Francis Cazeau be referred to the board of treasury. 2

2 These proceedings are entered in Reports of the Secretary of Congress , No. 180. Committee Book No. 190 notes that the Board of Treasury reported August 15 on Cazeau and the Commissioner September 14 on Pendleton.

War Office , August 1 st , 1786 .

Sir : I have the honor to inform Congress, that in consequence of some representations of the insecure situation of a large quantity of shot and shells at Salisbury in Connecticut, amounting to about two hundred tons, they have been removed to the arsenal at Springfield.

It has been my anxious desire, that the great quantities of shot and shells, which are remaining at the furnaces where they were cast, should have been transported to the several deposits which are under the special charge of a public storekeeper, but the public treasury has not been in a situation to furnish the means of transportation. This difficulty prevents the transportation of the stores which are in the State of Rhode Island to Springfield.

0010 458

The repairable arms at New London in Virginia and at West point on Hudsons river ought to be rendered fit for service. In their present situation they are entirely useless and their value continually decreasing, whereas were they once put in order, they could constantly be Kept so with very little expense. But the want of money prevents the desirable operation, and it also prevents the payment of the ordnance storekeepers, and the rents of the building occupied by the public in Philadelphia, and Virginia all of which are in arrears for the whole of the present year.

In order that the valuable and important stores may be put in such order as to be servicable to the United States; and that the keepers of the stores may be paid their arrearages, a circumstance important to their integrity, I have the honor to submit to Congress the consideration of selling at public auction or otherwise some of the unimportant and unservicable stores. For this purpose I herewith transmit a list of such stores as may be sold with the least injury to the public, and I beg leave to submit the following resolution to Congress,

Resolved , That the Secretary at war direct to be sold at public Auction or otherwise such unservicable Ordnance, and Ordnance and Military stores, as remain in the public arsenals and magazines, agreeably to a list thereof of this date on the files of Congress, and that the render an account of the same to the Comptroller of the treasurty.

I have the honor to be etc.

H. Knox . 1

1 This letter in the Papers of the Continental Congress , No. 150, I, folio 455. According to indorsement it was read August 1. See post , April 24, 1787. The list of stores is on folio 451.

August 1: According to indorsement there was this day read a letter from the Secretary at War submitting to Congress a statement of payments made to the troops in the service of the United States. It is in No. 150, I, folio 467.

Also was read a report of the Board of Treasury, dated July 31, on a memorial of Donald Campbell on the settlement of his accounts. It is in No. 138, I, folio 175. It appears to have been acted on September 12, 1788, after the receipt of another memorial from Campbell dated September 1, 1788.

His Excellency, The president of Congress.

WEDNESDAY, AUGUST 2, 1786.

Congress assembled. Present as before.

Congress resumed the Consideration of the Requisition for 1786, and a motion was made by the delegates for South Carolina, to amend the requisition by adding thereto,

And whereas the State of South Carolina, in consequence of supplies furnished the federal army in 1782 and 1783, is entitled to a credit of her full quota of the requisition of the 30 October, 1781, for eight Millions of dollars, the payment of seven Millions of which have only been called for by the requisitions of the 27 April, 1784, and 27 September, 1785; Resolved , That the said state shall be entitled, on account of the said supplies, to a credit in the present requisition, for the sum her quota of the balance of the said requisition of the 30 October, 1781, amounts to, had the same been included in the present demand.

On the question to agree to this Amendment, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, ay King, no no Sedgwick, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, ay div. Sturges, no New York, Mr. Haring, no no Smith, no New Jersey, Mr. Symmes, ay div. Hornblower, no Pennsylvania, Mr. Pettit, no no Bayard, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay 0012 460

So the question was lost.

A motion was then made by the delegates for South Carolina, to amend the Requisition by adding the following proviso:

Provided, that so far as relates to the state of South Carolina, this requisition be considered as including one Million of dollars, being that part of the requisition of 30 October, 1781, which hath heretofore remained uncalled for, so far as to entitle the said state to the benefit of paying the same in such manner as she was entitled to pay her quota of the said requisition.

And on the question to agree to this Amendment, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, ay King, ay ay Sedgwick, no Rhode Island, Mr. Manning, ay div. Miller, no Connecticut, Mr. Johnson, ay div Sturges, no New York, Mr. Haring, no no Smith, no New Jersey, Mr. Symmes, ay Hornblower, ay ay Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinkney, ay Huger, ay ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative.

0013 461

A motion was then made by Mr. [Charles] Pettit, seconded by Mr. [John Bubenheim] Bayard, to strike out the following clause of the estimate, viz.

For the payment of principal and interest, due (on foreign debt) in the year 1787, which ought to be provided for this year, 1,392,05917/30 dollars.

On the question, shall that clause stand? the yeas and nays being required by Mr. [Charles Pettit,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no King, ay ay Sedgwick, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Symmes, ay div. Hornblower, no Pennsylvania, Mr. Pettit, no no Bayard, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative.

On the question, Resolved , That for the services of the present year, 1786, for the payment of the interest, and two installments of principal on the French and Dutch loans, that are payable according to the contracts, in the beginning of the year 1787, and for 1 the payment of one year's interest

1 At this point Benjamin Bankson beg the entry.

0014 462 on the domestic debt, it will be necessary that three Millions, seven hundred and seventy-seven thousand and sixty-two dollars 43/90 be paid into the common Treasury, on or before the first day of January next, to be appropriated to the following purposes:

For the Civil Department, Doll rs 169, 352, 86

Military Department, 68, 274. 50

Contingencies, 94, 294. 65

Indian Affairs, 6, 000.

The Department of the Geographer, 8, 953.

Foreign Debt.

For the payment of Interest due this year on the French and Dutch Loans, 317, 985. 10

For ditto, of Principal and Interest due in the year 1787, which ought to be provided for this year, 1, 392, 059. 17

For a balance of Interest, due on the Spanish Loan, 2, 396. 55

For one year's Interest on debts due to Foreign Officers, 11, 185. 55 1, 723, 626. 47

Domestic Debt, one year's Interest thereon, 1, 606, 560. 65

Dollars, 3, 777, 062. 43

Indents. Specie. New Hampshire, 76, 268 Ditto, 56, 452 Massachusetts, 324, 746 Ditto, 240, 370 Rhode Island, 46, 764 Ditto, 34, 613 Connecticut, 191, 135 Ditto, 141, 474 New York, 185, 567 Ditto, 137, 434 New Jersey, 120, 619 Ditto, 89, 279 Pennsylvania, 296, 908 Ditto, 219, 765 Delaware, 32, 475 Ditto, 24, 037 Maryland, 204, 775 Ditto, 151, 570 Virginia, 371, 136 Ditto, 274, 707 North Carolina, 157, 732 Ditto, 116, 749 South Carolina, 139, 017 Ditto, 103, 015 Georgia, 23, 288 Specie 2, 170, 430 Ditto, 17, 167 Indents, 1, 606, 632 Total, 3, 777, 062

That the Quotas of the several States be as follows:

That the foregoing requisition is made in virtue of the powers of the Confederation, and is obligatory on the States as such, and, when paid, shall be passed to the Credit of the 0015 463 States respectively, on the terms prescribed by the resolve of Congress of the 6th day of October, 1779, and shall be applied in conformity to the statement in the preceding part of this requisition, giving preference according to the order in which they are placed in the estimate.

As one Million, six hundred and six thousand, five hundred and sixty dollars called for is to be applied to the payment of the interest on the domestic debt, that the several States be allowed to discharge the same by Indents for interest on Loan Office Certificates, and upon other Certificates of the liquidated debts of the United States: And to ascertain the evidences of interest due upon Loan Office Certificates, the holders thereof respectively, shall be at liberty to carry them to the Office from which they issued, and the holders of other Certificates of liquidated debts of the United States, to carry the same to the Loan Office of that State wherein they are Inhabitants, or, if foreigners, to any Loan Office within the United States, and to have the interest thereon settled and certified to the last day of the year 1785.

Provided that the Commissioner of the Continental Loan Office in any State, shall not, on any pretence whatever, settle or issue any Certificate or Certificates, for the interest due on any Continental Loan Office Certificate, or other Certificate of liquidated debts, until the State for which he is Continental Loan Officer, shall have passed a legislative Act thereby providing adequate funds for complying with this requisition; nor shall the Commissioner aforesaid, in any State that shall have complied with this requisition, issue any Certificate, or take any other measure whereby a discrimination may be made by such State, between the holders of Loan Office Certificates issued from his Office, who are Citizens of that State, and Foreigners, or the Citizens of any other State that shall have complied with this requisition: Provided always, that any Continental Loan Officer shall issue Certificates for interest as aforesaid, due on Continental Loan 0016 464 Office Certificates issued from his Office, and belonging to foreigners, and also to the Citizens of such States as shall have passed a legislative Act complying with this requisition.

That every Commissioner of the Continental Loan Office, previously to settling and issuing Certificates as aforesaid, for the interest due on Certificates of liquidated debts, other than loan office Certificates, shall administer an oath or affirmation, or require a Certificate signed by one of the persons whom the State in which the Commissioner resides, shall, in the legislative Act complying with this requisition, appoint, that he has administered to the Owner or possessor of every such Certificate, an oath or affirmation, that the same is bona fide , the property of the particular State in which the said Commissioner resides, or of a Citizen or Citizens of the said State, or of some corporate body or Charitable institution within the same, or of some person who is not a Citizen of any of the United States, describing the Certificate or certificates alluded to in every such oath or affirmation, in such manner as shall be necessary to identify the same, or as may be prescribed by the Legislature of the said State.

And for preventing the depreciation of Certificates to be issued as aforesaid, the Legislature of each State is required to provide, in the act complying with this requisition, that if, on the first day of July, 1787, the said State's quota of the said Certificates so to be issued, shall not be in the hands of the State Treasurer, or other proper Officer, the deficiency shall be collected and paid into the Continental Treasury in Specie, which, when so paid, is hereby appropriated to the redemption of such surplus Certificates.

That the Board of Treasury furnish the several Loan Officers, with Certificates to be issued for interest as aforesaid; and also with such Checks and instructions, as they, from time to time, shall judge necessary, to prevent Counterfeited Certificates of debts from obtaining a settlement of interest, and to detect counterfeit evidences of interest, and thereby 0017 465 to avoid receiving them in discharge of taxes: which Certificates of interest being parted with by the holders of the principal, shall be deemed evidence that he has received satisfaction for the same; and therefore shall be receivable from the Bearer in lieu of money, in the proportion of one dollar and one third in Specie for one dollar in Indents, in any other State in the Union, as well as in the State in which they were issued. That the State receiving such Certificates, and paying the same into the public Treasury, with a portion of Specie as aforesaid, shall have credit therefor, which payment shall be considered as a discharge of the interest on the domestic debt, in the proportion that each State avails itself of the said Certificates of interest. That all Loan Office Certificates issued after the first day of March, 1778, shall be reduced to their Specie value, conformably to the resolution of Congress of the 28 June, 1780, and the interest shall be ascertained and settled, agreeably to the Specie value of the Certificate.

Provided, that so far as relates to the State of South Carolina, this requisition be considered as including one million of Dollars, being that part of the requisition of 30 October, 1781, which hath heretofore remained uncalled for, so far as to entitle the said State to the benefit of paying the same in such manner, as she was entitled to pay her quota of the said requisition. 1

1 This is the report, verbatim , of the Board of Treasury, dated June 22, 1786, and read June 27. It is in No. 139, folio 233, in the handwriting of a clerk, with various changes in the writing of Samuel Osgood and Charles Thomson.

The Committee consisting of Mr. [Charles] Pinekney, Mr. [Rufus] King, and Mr. [Edward] Cartington to whom was referred a report of the board of treasury on a motion from South Carolina, Report * * *

That there are 13,104 10/90 dollars due the officers of the late Virginia line and 10,276 19/90 due the officers of the late South Carolina line and hospital department for the same pay in 1782 and 1783.

0018 466

The said board farther report there can be no doubt these officers are entitled to the same payments as were made the officers of the main army, and the presumption is that nothing but the state of the finances prevented the late superintendant of finances from putting the southern officers upon an equal footing with the other part of that line.

Whereupon the Committee submit the following resolutions. 1

1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 20, II, folio 233. According to indorsement it was read August 2. The omitted paragraph and the submitted resolutions were adopted verbatim October 10, 1786, and are there spread on the Journal.

[ Office or Secretary Of Congress ] August 2, 1786 .

On the two memorials of Peter Landais, the one claiming interest on the gratuity of 12,000 livres from 4 Dec r ., 1777 (the time he thinks it ought to have been paid to him), to the 6 March, 1779 (the time when Congress was pleased to make the grant), and interest upon that Interest from the 6 May, 1785, to the time it will be paid. The other claiming to be paid in ready money the sum of 1,8144/10 dollars for which Congress by their Act of the 2 June, 1785, ordered the Comr. for settling the Accounts of the marine department to give him a certificate bearing an Int: of 6 per cent pr an. from 6 May, 1785.

The Secretary of Congress reports That the Agreed to Aug. 2. memorials of Peter Landais be referred to the board of treasury.

On the petition of Thomas Scott, late waggonmaster claiming pay for his services from 1 May, 1777, to 1 Aug., 1780, and for ten horses which he says were taken from him by enemy refugees in Dec r ., 1779.

The Secretary of Congress reports That the petition Agreed to Aug. 2. petition of Thomas Scott be referred to the board of treasury. 2

2 These proceedings were entered in the Reports of the Secretary of Congress , No. 180.

August 2: “Board of treasury. Their letter on report accompanying the requisition for 1786 to prepare and report an Address to the States to accompany the requisition.” The Board reported August 31.

Committee Book, No. 190 .

Also, according to indorsement, was read a letter from the Secretary for Foreign Affairs, forwarding letters of May 12, 23, 27 and 31 from Thomas Jefferson and June 6 from John Adams. Jay's letter is in No. 80, II, folio 45. Jefferson's are in No. 87, I, folios 255, 367, 381, 478 and 498; Adams' is in No. 84, VI, folio 211.

1 THURSDAY, AUGUST 3, 1786.

1 Charles Thomson here resumes the entries.

Congress assembled. Present, as before.

On a report of the Secretary at War, on the expediency of retaining West Point as a military post,

Resolved , That the board of treasury endeavour to negotiate with the legal proprietor of West Point, on Hudson's river, the purchase of the same for the United States, on an equitable appraisement, together with so much land contiguous thereto, as shall be deemed by the Secretary at War necessary to be included within the limits of the garrison; and that the board agree for the terms of payment in the manner most consistent with the state of the finances of the United States.

Aug . 3, 1786.

According to Order the Secretary for foreign Affairs attended; and being called upon to state the difficulties mentioned in his letter of the 29, and explain himself on the subject of that letter.

The Secretary for foreign Affairs informed Congress that he had some time since received from Mr. Gardoqui an unofficial and unsigned paper:

Spain being by far the greatest Consumer of all the European Kingdoms, and having besides extensive territories of Consume in her West Indies, it is of course of the greatest importance to any foreign nation in all Commercial interests.

0020 468

England is very conscious of the advantages that may be gott by a friendly Commercial treaty, and leaves no pains to bring it to a happy conclusion as soon as possible. She well knows that Spain's annual consume of Cod-fish, brings her in from 4 to 5 Millions of dollars, by which she employs between 5 or 6000 Seamen.

That great quantities of pickled Salmon and Train Oil are besides pouring annually into the Spanish Markets from her ports.

To this must be added, her great woolen Manufactures, but as Spain is advancing fast in the latter, and will probably stop the importation of them, England wants to secure the fisheries which sees no prospect of Spain's having any at all.

Under the above principles, England exerts to the utmost to prevent that American States should come to a friendly good understanding with Spain, fully assur'd that no other Nation can outrival them in the valuable branches of fisheries.

She well knows that the local situation of the United States and other advantages render a much better fish than that of Newfoundland, and that the Spanish Markets afford 1 to 1½ dollars pr. quintal more to the former. She is besides fully persuaded that the trade of the States with Spain must rise them amazingly, as their Flour, grain, rice, Tobacco and several other smaller articles, such as Lumber, Masts, Yards, Beeswax &c: are valuable. If it be added to this, the consideration that Spain and the States, are the almost only Masters of this vast Continent, who if well join'd may defy the other powers or at least keep them in 0021 469 eternal peace, there can be no doubt of its being a mutual interest. 1

1 This document is in the writing of Benjamin Bankson in Secret Journal, Foreign , No. 5; the original, written in English by Gardoqui, is in No. 97, folio 170.

and afterwards a letter, dated 25 May, 1786, which he laid before Congress:

New York , 25 th . May, 1786 .

Sir : The period is arrived that we have wished for many months when there would be a full meeting of Congress, that you might refer to them the difficulty which you have manifested to me respecting the claim to navigate the river Mississippi, which is ill founded. I request the favour of you to do it as soon as possible, and that you will be pursuaded of what I have always assured you, that the King will not permit any Nation to navigate between the two banks belonging to his Majesty from the extent of his conquests made by his royal arms over the English in East and West Florida, according to the dominion formerly held by the English, and the jurisdiction exercised by the Commandant of Pensacola on which it depended, as well as the Countries to the East of the Mississippi of which formal possession was taken by Captain Don Baltazar de Villers, Commandant of the post of Arkanzar, for his Majesty on the 22 d . November, 1780.

His Majesty does not consider the regulation made between the United States and Great Britain respecting the territories conquered by his arms but as a conditional agreement in which they tacitly leave safe the territorial rights which he possessed in those parts.

Those territories were in that same state of conquest and in the possession neither of England nor the United States, when they disposed of them. There can be no doubt, but that Treaty of 30 th . November, 1782, when the 0022 470 War between Spain and England continued, could not fix the limits of Countries which were not in possession.

His Majesty therefore understands those stipulations as conditional, and dependent on the situation in which things might be left by a general peace.

The Honorable Congress cannot be ignorant of the good and generous disposition of his Majesty towards the United States, and the importance of his powerful friendship, his Majesty having been pleased to give so many strong proofs of favour to the Americans Captive in Barbary, and those he afterwards afforded for aiding their Commissioners for negociating and obtaining peace with those powers.

They should also be persuaded that the King enjoys so great consideration with those powers, that as being a Nation which possesses the friendship of his Majesty, they may be sure of that of the Emperor of Morocco and in a great degree of that contracted with the Regency of Algiers. America has reason to fear the evil consequences which all their Commerce would experience if his royal Mediation should be withdrawn, for she would not only be deprived of that in the Mediterranean, but would also be much interrupted in that which she carries on through the Western Islands and Canaries, and even on their own Coasts.

It appears to me equally just to remind the Honorable Congress of the generosity with which his Majesty has delayed requesting 'till now the payment of the principal of the debts contracted by the United States both in Spain and America, being so delicate as not to apply even for the interest due thereon notwithstanding the difficulties with which he provides for his Treasury.

These facts appear sufficient to remove the difficulties you have manifested to me respecting limits and the navigation of the said River, but I contemplate in its 0023 471 greatest latitude the risk which the United States would run, by not yielding without delay to the just rights of the King of losing the only trade, whose balance is in their favour, exposing themselves to the danger of enjoying it but illy, and of frustrating other Compacts, reciprocally useful, which time and experience may bring about.

The importance of this object is evident in all the States, for it is well known that all their productions meet with a ready sale in the Markets of Spain, where they are paid for in Gold and Silver, whereas all other Nations pay with Manufactures (in great part Articles of luxury) with which they impoverish this Country.

Spain in its present state is a Consumer both in Europe and America. There is not a Nation but what earnestly desires the friendship and favour of the King, and as he has no occasion for the Cod-fish, Oil, Salmon, Grain, Flour, Rice, nor other productions, he may, considering the right which obliges his Subjects to provide themselves by their own industry or other useful and important means, find it convenient to prohibit them, to remind this Nation at present, as a friend, that they have no Treaty. Whereas, in case they generously comply, the King will consider them, in Commerce, as being the most favored Nation, making reciprocal regulations, so that whenever one is made here favourable to Spain in regard to imports and exports, another equivalent to that of the United States shall there be made.

No one is ignorant of the great advantages which the United States derive from their trade with Spain, from whence they yearly extract Millions, as well by their productions as by their Navigation which so much promotes the growth and Maintenance of their Marine.

Spain has no occasion for foreign commodities to become very brilliant in its proper dominions, and to find 0024 472 an advantageous Consumption for its products and manufactures; so that the generosity and friendship which she manifests, proceed solely from the benevolent attentions which with a liberal hand the King wishes to distinguish the United States.

In consideration that nothing be said of such difficulties, I believe that his Majesty will consent to guarranty to the United States their rights and dominions, as they shall be left by our Treaty.

I will do my best endeavours on this and other points, and will interpose my prayers that his Majesty will adopt the most favourable measures in order that the satisfaction of the debts due from the United States, to Spain may be made with such relaxations as may be convenient to them.

The Honorable Congress will well perceive the importance of the Guarantee and friendship of one of the first Sovereigns in Europe, which will give consistency to their Confederacy, and whose Magnanimity desires only to proceed by equity, justice, and sincere desires of a constant friendship, and good neighbourhood.

I ought not, therefore, to doubt but that such an illustrious Confederacy will entertain correspondent dispositions, and I hope that you will not delay to promote it, and to advise me as soon as possible, that so salutary a work may not be deferred, to which for my part, I shall contribute with the greatest good will for the benefit of both Nations.

I have the Honor to be, &c: Diego de Gardoqui. 1

Sen r D r John Jay , Minister for the foreign affairs of the United States .

1 This is entered by Benjamin Bankson in Secret Journal, Foreign , No. 5. Copies are in No. 80, II, folio 189, and 97, folio 166.

0025 473

And the same being read, he 1 then delivered himself as follows:

1 Secretary Jay.

2 Sir : Every person to whom is committed the management of a negotiation, from which many good or ill consequences will probably result, must find himself placed in a very delicate and responsible Situation. In that point of light I consider our present Negotiations with Spain, and that my sentiments on the subject may be conveyed to Congress with precision, and authentick evidence of them preserved, I have reduced them to writing as concisely and accurately as I could find leisure to do since I received notice to attend this day.

2 At this point Benjamin Bankson begins the entry in the Journal.

It appears to me, that a proper Commercial treaty with Spain would be of more importance to the United States than any they have formed, or can form, with any other Nation. I am led to entertain this opinion from the influence which Spain may and will have both on our politicks and Commerce.

France, whom we consider as our Ally, and to whom we shall naturally turn our eyes for aid in case of war, &c. is strongly bound to Spain by the family compact; and the advantages she derives from it are so various and so great, that it is questionable whether she could ever remain neutre in case of a rupture between us and his Catholic Majesty. Besides, we are well apprized of the sentiments of France relative to our Western Claims; in which I include that of freely navigating the river Mississippi. I take it for granted that, while the compact in question exists, France will invariably think it her interest to prefer the good will of Spain to the good will of America; and altho' she would very reluctantly give umbrage to either, yet, ff driven to take part with one 0026 474 or the other, I think it would not be in our favour. Unless we are friends with Spain, her influence, whether more or less, on the Counsels of Versailles, will always be against us.

The intermarriages between Spain and Portugal, which have taken place in this and the late Reigns, have given the former a degree of influence at the Court of the latter which she never before possessed; and leading men in both those Kingdoms seem disposed to bury former jealousies and apprehensions in mutual confidence and good offices. How far this system may be perfected, or how long continue, is uncertain; while it lasts, we must expect good or evil from it, according as we stand well or ill with Spain.

Britain would be rejoiced to find us at variance with Spain on any points. She remembers that we were once her Subjects, and loves us not. She perceives that we are her most important rivals in the SpaniSh trade, and that her nursery of Seamen on the banks of Newfoundland will prosper or otherwise, as ours of the like kind shall encrease or diminish; and it will encrease or diminish in proportion as we may or may not undersell them at foreign Markets, among which that of Spain is the most advantageous.

If Spain should be disposed to sink that scale in favour of Britain, there is little reason to doubt but that the latter will offer her powerful inducements to grant and perpetuate valuable preferences to her.

It is hard to say how far these inducements may extend, or how far they might both think it their interest to join in every measure tending to impair our strength, and thereby quiet those fears, with which uneasy Borderers and discontented neighbours usually inspire each other.

0027 475

Recent transactions tell us that the influence of Spain in Barbary is not contemptible. When time shall have cast a thicker veil over the memory of past and long continued hostilities; when the convenience of Spanish money and Spanish favors shall become better known, and more felt at Fez, Algiers, &c. it is more than probable that those powers will be little inclined to disoblige a nation, whose arms have given them much trouble, and from whose gratuities they derive more wealth and advantages than they have ever been able to reap from depredations and from plunder often hardly gained.

The influence which the Catholic King will and must have, in greater or lesser degrees in Italy, with several of whose Sovereigns he is allied by blood, as well as by treaties, merits some consideration. The trade of the Mediterranean deserves our notice; and Spain has convenient ports in that Sea.

In various ways, therefore, may Spain promote or oppose our political interests with several other Countries; and we shall, I think, either find her in America a very convenient Neighbour, or a very troublesome one.

They who are acquainted with the Commerce of that Country, can be at no loss in perceiving or estimating its value.

It is well known that they consume more than they export, and consequently that the balance of trade is and must be against them. Hence it is that the Millions they yearly bring from the Mines of America, so soon disappear, flying out of Spain by every road and port in it.

Details would be tedious, and considering where I am, unnecessary. It is sufficient to observe, that there is scarcely a single production of this Country but what may be advantageously exchanged in the Spanish European 0028 476 ports for Gold and Silver. These advantages, however, must depend on a Treaty; for Spain, like other Nations, may admit Foreigners to trade with her or not, and on such terms only as she may think proper.

The conclusion I draw from what has been said is, that on general principles of policy and Commerce, it is the interest of the United States to be on the best terms with Spain. This conclusion would be greatly strengthened by a review of our present local and other circumstances; but they are well known, and their language is strong and intelligible.

Sir, I do really believe that Spain is at present sincerely disposed to make friends of us. I believe this not because they have repeatedly told us so; for in my opinion little reliance is to be made on the professions of Courts or Courtiers; they will say what they may think convenient, but they will act according to what they may think their interest.

It appears to me that the Independence, situation, temper, resources and other circumstances of the United States, lead the Court of Spain to regard them with much attention, and I may add with jealousy and apprehension.

Their conduct induces me to think that their present policy and design is, to cultivate our friendship, and ensure the continuance of it, by such advantages in a treaty as may prevent its becoming our interest to break with them.

To this cause I ascribe the Civilities shown to the United States, by the release of their Citizens at the Havanna, and by the interposition of his Catholic Majesty in their favour at Morocco, &c.

0029 477

To the same cause I ascribe the very liberal and beneficial Articles which their plenipotentiary here is willing to have inserted in the treaty I am now negotiating with him, and which are specified in the following notes of them, viz.

1. That all Commercial regulations affecting each other shall be founded in perfect reciprocity. Spanish Merchants shall enjoy all the Commercial privileges of Native Merchants in the United States, and American Merchants shall enjoy all the Commercial privileges of Native Merchants in the Kingdom of Spain and in the Canaries and other Islands belonging and adjacent thereto. The same privileges shall extend to their respective Vessels, and Merchandize consisting of the Manufactures and productions of their respective Countries.

2. Each party may establish Consuls in the Countries of the other (excepting such provinces in Spain, into which none have heretofore been admitted, viz. Bilboa and Guipusca) with such powers and privileges as shall be ascertained by a particular Convention.

3. That the bona fide Manufactures and productions of the United States (Tobacco only excepted, which shall continue under its present regulations) may be imported in American or Spanish Vessels, into any parts of his Majesty's European Dominions and Islands aforesaid, in like manner as if they were the productions of Spain. And on the other hand, that the bona fide Manufactures and productions of his Majesty's dominions may be imported into the United States, in Spanish or American Vessels, in like manner as if they were the Manufactures and productions of the said States. And further, that all such duties and imposts as may mutually be thought necessary to lay on them by either 0030 478 party, shall be ascertained and regulated on principles of exact reciprocity, by a tariff to be formed by a Convention for that purpose, to be negotiated and made within one year after the exchange of the ratification of this treaty; and in the mean time, that no other duties or imposts shall be exacted from each others Merchants and Ships than such as may be payable by Natives in like cases.

4. That inasmuch as the United States, from not having Mines of Gold and Silver, may often want supplies of Specie for a circulating medium, his Catholic Majesty, as a proof of his good will, agrees to order the Masts and timber which may from time to time be wanted for his royal navy, to be purchased, and paid for in Specie, in the United States; provided the said Masts and Timber shall be of equal quality, and, when brought to Spain, shall not cost more than the like may there be had from other Countries.

5. It is agreed that the Articles commonly inserted in other treaties of Commerce for mutual and reciprocal convenience, shall be inserted in this, and that this treaty and every article and stipulation therein shall continue in full force for years to be computed from the day of the date thereof.

These articles need no comment. It is easy to perceive that by them we gain much, and sacrifice or give up nothing. They will not indeed permit our Tobacco to be vended in their Country; but that prohibition now exists, and will probably continue, whether we do or do not make a Treaty with Spain.

It is also certain that by means of the Canaries, our Flour and other Commodities will find the way to Spanish America; and the supply of that Market, even by a circuitous route, cannot fail of affording a very lucrative vent for those Articles.

0031 479

Mr. Gardoqui is not personally averse to our visiting the Philippines, but his instructions do not reach that point. I have hopes that this may be carried; and in that case it is obvious we shall be the better for the Acapulco trade.

I forbear to dwell minutely on these commercial subjects, because nothing I could say respecting them would be new.

My attention is chiefly fixed on two obstacles, which at present divide us, viz. the Navigation of the Mississippi, and the territorial limits between them and us.

My Letters written from Spain, when our affairs were the least promising, evince my opinion respecting the Mississippi, and oppose every idea of our relinquishing our right to navigate it. I entertain the same sentiments of that right, and of the importance of retaining it, which I then did.

Mr. Gardoqui strongly insists on our relinquishing it. We have had many Conferences and much reasoning on the subject, not necessary now to detail. His concluding answer to all my Arguments has steadily been, that the King will never yield that point, nor consent to any compromise about it; for that it always has been, and continues to be, one of their Maxims of policy, to exclude all Mankind from their American shores.

I have often reminded him that the adjacent Country was filling fast with people; and that the time must and would come, when they would not submit to seeing a fine river flow before their doors without using it as a high way to the sea for the transportation of their productions; that it would therefore be wise to look forward to that event, and take care not to sow in the treaty any seeds of future discord. He said that the 0032 480 time alluded to was far distant; and that treaties were not to provide for contingencies so remote and future. For his part he considered the rapid settlement of that Country as injurious to the States, and that they would find it necessary to check it. Many fruitless Arguments passed between us; and tho' he would admit that the only way to make treaties and friendship permanent, was for neither party to leave the other any thing to complain of; yet he would still insist, that the Mississippi must be shut against us. The truth is, that Courts never admit the force of any reasoning or Arguments but such as apply in their favor; and it is equally true, that even if our right to that Navigation, or to any thing else, was expressly declared in Holy Writ, we should be able to provide for the enjoyment of it no otherwise than by being in capacity to repel force by force.

Circumstanced as we are, I think it would be expedient to agree that the treaty should be limited to twenty five or thirty years, and that one of the Articles should stipulate that the United States would forbear to use the Navigation of that River below their territories to the Ocean. Thus the duration of the treaty and of the forbearance in question would be limited to the same period.

Whether Mr. Gardoqui would be content with such an Article, I cannot determine, my instructions restraining me from even sounding him respecting it. I nevertheless think the experiment worth trying for several reasons:

1. Because unless that matter can in some way or other be settled, the treaty, however advantageous, will not be concluded.

0033 481

2. As that Navigation is not at present important, nor will probably become much so in less than twenty five or thirty years, a forbearance to use it while we do not want it , is no great sacrifice.

3. Spain now excludes us from that Navigation, and with a strong hand holds it against us. She will not yield it peaceably, and therefore we can only acquire it by War . Now as we are not prepared for a War with any power; as many of the States would be little inclined to a War with Spain for that object at this day; and as such a War would for those and a variety of obvious reasons be inexpedient, it follows, that Spain will, for a long space of tune yet to come, exclude us from that Navigation. Why therefore should we not (for a valuable Consideration too) consent to forbear to use what we know is not in our power to use.

4. If Spain and the United States should part on this point, what are the latter to do? Will it after that be consistent with their dignity to permit Spain forcibly to exclude them from a right, which, at the expense of a beneficial treaty, they have asserted? They will find themselves obliged either to do this, and be humiliated, or they must attack Spain. Are they ripe and prepared for this? I wish I could say they axe.

It is possible that such an Article, if agreed to, might lessen one of the arguments urged to enhance the value of Western lands; but would not the Spaniards continuing by force to exclude us from the navigation soon have the same effect? In either case that Argument must lose some of its force; but in the one case America would also lose some of its dignity. It can be no question therefore which of the two cases would be least desirable.

If such a compromise should be attempted, and not succeed, we shall lose nothing by it; for they who take a lease admit the right of the Lessor.

0034 482

I have some hope that it would succeed, for I suspect Spain would agree, that as we are tempted to this forbearance now by other Articles in the Treaty, the like temptations will again induce us to prolong it; besides, I much doubt whether the Minister extends his views far beyond the limits of his own life or Administration; if he can render that easy and satisfactory, he may perhaps, without much reluctance, leave future disputes to be settled by future Ministers. It is hard to say whether this will or will not be the case. I am for trying the experiment, because it can, in my opinion, do us no injury, and may produce much good.

With respect to territorial limits, it is clear to me that Spain can justly claim nothing East of the Mississippi but what may be comprehended within the bounds of the Floridas. How far those bounds extend, or ought to extend, may prove a question of more difficulty to negotiate than to decide. Pains I think should be taken to conciliate and settle all such matters amicably; and it would be better even to yield a few Acres, than to part in ill humour.

If their demands, when ascertained, should prove too extravagant, and too pertinaciously adhered to, one mode of avoiding a rupture will still be left, viz. referring that dispute to impartial Commissioners. I do not mean by this, that any third sovereign should be called in to mediate or arbitrate about the matter. They make troublesome Arbitrators, and not always the most impartial. I mean private men for Commissioners; and to me there appears little difficulty in finding proper ones; for not being prepared for War, I think it much our interest to avoid placing ourselves in such a situation, as that our forbearing hostilities may expose us to indignities.

0035 483

It is much to be wished that all these matters had lain dormant for years yet to come; but such wishes are vain; these disputes are agitating; they press themselves upon us, and must terminate in accommodation, or War, or disgrace. The last is the worst that can happen; the second we are unprepared for; and therefore our attention and endeavours should be bent to the first.

Permit me, sir, to make one or two observations more. If the system of Spain respecting us really is what I suppose it to be, then it follows that this is the best season for making a treaty with her that can be expected.

The late War has left her new commercial engagements to make, particularly with Britain, whose attention to Commerce leaves us no room to suppose her indifferent to that with Spain. She is now able and willing to grant us favors; other treaties and other dispositions and views may render her in future both unable and unwilling to do the like.

At a time when other Nations are shewing us no extraordinary marks of respect, the Court of Spain is even coming our friendship by strong marks not merely of polite and friendly attention, but by offering us favors not common for her to hold out or bestow; for I consider the terms she proposes as far more advantageous than any to be found in her Commercial treaties with other Nations.

If after all her endeavours to take us by the hand, we should hold it back, every disposition and passion opposite to kind and friendly ones will undoubtedly influence her future conduct. Disappointed in her views, and mortified by repulse, and that in the sight of Europe, we may easily judge what her feelings would be; nor is it difficult to forsee that those feelings stimulated by the jealousies and apprehensions beforementioned, will naturally 0036 484 precipitate and keep her in a system of politicks, from which the United States cannot expect to derive advantage.

The Mississippi would continue shut; France would tell us our claim to it was ill founded; the Spanish posts on its banks, and even those out of Florida in our Country would be strengthened, and that Nation would there bid us defiance, with impunity, at least until the American Nation shall become more really and truly a Nation than it at present is. For, unblessed with an efficient government, destitute of funds, and without public Credit, either at home or abroad, we should be obliged to wait in patience for better days, or plunge into an unpopular and dangerous War with very little prospect of terminating it by a peace, either advantageous or glorious.

Supposing the Spanish business out of question, yet the situation of the United States appears to me to be seriously delicate, and to call for great circumspection both at home and abroad; nor, in my opinion, will this cease to be the case, until a vigorous National government be formed, and public Credit and confidence established.

These, Sir, are my sentiments on these important subjects; and whether they accord with, or vary from, those which may here prevail, yet I shall always remember that I am to be governed by the instructions, and that it is my duty faithfully to execute the orders of Congress. 1

1 The above proceedings are entered only in Secret Journal, Foreign , No. 5, by Benjamin Bankson. Jay's speech is in No. 81, II, folio 193. Committee Book No. 190 notes : “letter 29 May Sec y for n . Affairs and communications made by him this day. To sit on thursday next. The communications. Come ee of the Whole. Report Aug, 23,”

FRIDAY, AUGUST 4, 1786.

Congress assembled. Present as before.

On a report of the Secretary at War, to whom was referred his letter of the 21 July, together with. the proceedings and report of the court of inquiry, held pursuant to the resolution of the 27 March, 1786,

Resolved , That the Secretary at Wax direct Major Wyllys to be released from his arrest.

Congress took up the Ordinance for Indian affairs, for a third reading, when a motion was made by Mr. [William] Houstoun, seconded by Mr. [William] Few, to postpone so much of the Ordinance as relates to the Southern Indians: And on the question to postpone, the yeas and nays being required by Mr. [William] Houstoun,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no King, ay no Sedgwick, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Haring, ay div. Smith, no New Jersey, Mr. Symmes, ay div. Hornblower, no Pennsylvania, Mr. Pettit, no no Bayard, no Maryland, Mr. Harrison, no div. Ramsay, ay Virginia, Mr. Grayson, no Monroe, ay div. Carrington, ay Lee, no North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, ay ay Few, ay

So the question was lost.

0038 486

The Committee consisting of Mr. [Charles] Pinckney, Mr. [John Bubenheim] Bayard and Mr. [William Samuel] Johnson to whom was referred a report of Commissioner of army accounts on the memorial of the Reverend Robert Smith, Report:

That it appears the said Robert Smith was appointed in the beginning of the year 1780 chaplain to the Southern hospital by General Lincoln; that he continued in the exercise of the duties of his appointment until May, 1780, the time of the surrender of Charleston to the British Army, at which time he was made a prisoner of war; that he continued in Charleston attending his duty at the hospital for a considerable time after its surrender and until he was ordered to Hadrell's point to remain among the officers of the federal army who were there confined; that he continued there until June, 1781, when he was sent to Philadelphia on parole, in which situation he remained, until the end of the war, in captivity and at a distance from his country and estate, for tho' repeated attempts were made to exchange him it was not in his power ever to obtain it, in consequence of which he was prevented from returning to South Carolina, and paying that attention to his affairs he might otherwise have done had he not been restrained by the terms of his parole.

The Committee also find That Congress on the 2 d . day of June, 1785, directed That those officers of the hospital department who were detained in Charleston after its surrender for the purpose of attending the sick and wounded of the army of the United States shall in consideration of the extra expences they incurred by performance of said duty, be allowed the sums affixed to their respective names contained in a return deposited in the war office and signed “David Oliphant deputy director general of the Southern hospital.”

It appears that the memorialist did remain in Charleston and from a certificate of the said David Oliphant that he performed the duty of a chaplain to the hospital until the middle of April, 1781 (eleven months and a half), and that his name was omitted by mistake on the payroll of hospital officers entitled to extra expences and sent to the secretary at war dated August 10, 1783, as above stated and that the allowance he is entitled to under the above resolution is at the rate of thirty dollars per month.

0039 487

The Commissioner farther reports that notwithstanding the resolutions of the 9 th . November, 1780, and January 17, 1781, the memorialist has been considered as entitled to pay, in consequence of his being a prisoner.

On this state of facts the Committee begs leave to remark That as the memorialist was a prisoner at the time of the new arrangement of the hospital and continued in consequence of his commission in the federal army in a disagreeable state of captivity during the war, they do not conceive that the said arrangement ought to be considered as extending to him, but are of opinion that he is clearly entitled to his commutation.

As it appears from the certificate of the deputy director general that he was in Charleston and of officiated at the hospital during the time above mentioned, but that his name was omitted by mistake in the list transmitted to the Secretary at War the Committee think there can be no doubt he is entitled to the sum allowed the hospital officers in consideration of their extra expences under the resolution of 2 d . June, 1785,

Whereupon they submit to Congress the following resolutions—

Resolved , That the Commissioner for settling the accounts of the army be and he is hereby directed to issue to the Reverend Robert Smith a certificate for his commutation for half pay in the same manner it has been issued to the other officers of the federal army

Resolved , * * * 1

1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 19, V, folio 367. According to indorsement it was read August 4 The omitted resolve was passed September 12, 1786, and is there spread verbatim on the Journal.

[ Office of Secretary of Congress ] August 3, 1786 .

On the petition of Ebenezer Cole stating that he was possessed of a certificate issued from the loan office of Rhode Island Novr, 1779, N. 510, for 1,000 dollars, which certificate is not to be found though the petitioner hath searched every place where he could have the least expectation of finding it and has advertized it in the public 0040 488 papers to no effect, and praying Congress to order him a duplicate to be as good and valid as the Original.

The Secretary of Congress reports That the petition Agreed to Aug. 4. of Ebenezer Cole be referred to the board of treasury to report. 1

1 This report is entered by Thomson in the Reports of the Secretary of Congress , No. 180.

Also, according to indorsement, on the letter from Thomas Jefferson, of May 27, 1786, forwarded to Congress by the Secretary for Foreign Affairs. (No. 87, I, folio 478): “The injunction of Secresy taken off from this letter of May 27 from M r . Jefferson and the papers accompanying it as far as relates to the tobacco Contract. Cha s . Thomson Sec y .”See ante , August 2.

August 4: The Board of Treasury was directed to take Order on “Their letter of 3 Aug., 1786, respect g . the settlement of acco ts . in Marine department.”

The “Petition of E. Cole for renewal of a loan Office certificate which he says he has lost” was referred to the Board of Treasury to report.

Also the name of John de Neufville was withdrawn from nomination as Commissioner to examine into the administration of the late Superintendant of Finance. See ante , February 1.

Committee Book No. 190 .

Also, according to indorsement, was read a letter of August 2 from Richard Butler, on the settlement of the accounts of the Indian Commissioners of the Northern and Middle Departments. It is in No. 56, folio 189.

MONDAY, AUGUST 7, 1786.

Congress assembled. Present as before.

On a report of the Secretary at War, enclosing the resignation of Major Fish,

Resolved , That the resignation of Major Fish be accepted. 2

2 This letter from the Secretary of War is dated August 3. It is in the Papers of the Continental Congress , No. 150, I, folio 479, and is indorsed as agreed to August 7. Fish's resignation is on folio 475.

Congress resumed the consideration of the Ordiance on Indian affairs, and a motion being made by Mr. [Edward] Carrington, seconded by Mr. [William] Few, to amend the said Ordinance by adding,

“And be it further Ordained, that in all cases where transactions with any nation or tribe of Indians, shall become necessary to the purposes of this Ordinance, which cannot be done without interfering with the legislative rights of a state, the Superintendant in whose 0041 489 district the same shall happen, shall act in conjunction with the Authority of such State. 1

1 This motion, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 46, folio 468.

On the question to agree to this amendment, the yeas and nays being required by Mr. [William] Few, New Hampshire, Pennsylvania,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, no King, no no Sedgwick, no Rhode Island, Mr. Manning, ay Miller, no div. Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay Symmes, ay ay Hornblower, no Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry ay Hindman, ay ay Harrison, ay Ramsay, ay Virginia, Mr. Monroe, ay Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull ay Pinckney, ay ay Huger, ay Georgia, Mr. Houstoun, ay ay Few ay

So it was resolved in the affirmative.

0042 490

The Ordinance being amended and read a third time; on the question, shall this Ordinance pass? the yeas and nays being South Carolina,required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Livermore, ay ay Massachusetts, Mr. Gorham, no King no no Sedgwick, no Rhode Island, Mr. Manning, ay div. Miller, no ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, no no Smith, no New Jersey, Mr. Cadwallader, ay Symmes, ay ay Hornblower, ay Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, ay Hindman, ay ay Harrison, ay Ramsay, ay Virginia, Mr. Grayson, ay Mr. Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Georgia, Mr. Houston, ay ay Few, ay

So it passed as follows:

An Ordinance For The Regulation Of Indian Affairs.

Whereas the safety and tranquillity of the frontiers of the United States, do in some measure, depend on the maintaining a good correspondence between their citizens and the several nations of Indians in Amity with them: And whereas the United States in Congress assembled, under the 9th of the Articles of Confederation and perpetual Union, have the sole and exclusive right and power of regulating the trade, and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated.

0043 491

Be it ordained, by the United States in Congress assembled , That from and after the passing of this Ordinance, the Indian department be divided into two districts, viz. The Southern, which shall comprehend within its limits, all the Nations in the territory of the United States, who reside southward of the river Ohio; and the Northern, which shall comprehend all the other Indian Nations within the said territory, and westward of Hudson river: Provided that all councils, treaties, communications and official transactions, between the Superintendant hereafter mentioned for the northern district, and the Indian Nations, be held, transacted and done, at the Outpost occupied by the troops of the United States, in the said district. That a Superintendant be appointed 1 for each of the said districts, who shall continue in office for two Years, unless sooner removed by Congress, and shall reside within or as near the district for which he shall be so appointed, as may be convenient for the management of its concerns. The said superintendants shall attend to the execution of such regulations, as Congress shall, from time to time, establish respecting Indian Affairs. The superintendant for the northern district, shall have authority to appoint two deputies, to reside in such places as shall best facilitate the regulations of the Indian trade, and to remove them for misbehaviour. There shall be communications of all matters relative to the business of the Indian department, kept up between the said superintendants, who shall regularly correspond with the Secretary at War, through whom all communications respecting the Indian department, shall be made to Congress; and the superintendants are hereby directed to obey all instructions, which they shall, from time to time, receive from the said Secretary at War. And whenever they shall have reason to suspect any tribe or tribes of Indians, of hostile intentions, they shall communicate the same to the executive of the State or States, whose territories are subject to the effect of such hostilities. All stores, provisions or other property, which Congress may think necessary for presents to the Indians, shall be in the custody and under the care of the said superintendants, who shall render an annual account of the expenditures of the same, to the board of treasury.

1 At this point Roger Alden takes up the entry.

And be it further ordained , That none but citizens of the United States, shall be suffered to reside among the Indian nations, or be allowed to trade with any nation of Indians, within the territory of 0044 492 the United States. That no person, citizen or other, under the penalty of five hundred dollars, shall reside among or trade with any Indian or Indian nation, within the territory of the United States, without a license for that purpose first obtained from the Superintendant of the district, or one of the deputies, who are hereby directed to give such license to every person, who shall produce from the supreme executive of any state, a certificate under the seal of the state, that he is of good character and suitably qualified, and provided for that employment, for which license he shall pay the sum of fifty dollars, to the said superintendant for the use of the United States. That no license to trade with the Indians shall be in force for a longer term than one year; nor shall permits or passports be granted to any other persons than citizens of the United States to travel through the Indians nations, without their having previously made their business known to the superintendant of the district, and received his special approbation. That previous to any person or persons obtaining a license to trade as aforesaid, he or they shall give bond in three thousand dollars to the superintendant of the district, for the use of the United States, for his or their strict adherence to, and observance of such rules and regulations as Congress may, from time to time, establish for the government of the Indian trade. All sums to be received by the said Superintendants, either for licenses or fines, shall be annually accounted for by them with the board of treasury.

And be it further ordained , That the said superintendants, and the deputies, shall not be engaged, either directly or indirectly, in trade with the Indians, on pain of forfeiting their Offices, and each of the superintendants shall take the following oath, previous to his entering on the duties of his appointment: “I, A. B. do swear, that I will well and faithfully serve the United States in the office of superintendant of Indian affairs, for the district: That I will carefully attend to all such orders and instructions as I shall, from time to time, receive from the United States in Congress assembled, or the Secretary at War: That I will not be concerned, either directly or indirectly, in trade with the Indians, and that in all things belonging to my said office, during my continuance therein, I will faithfully, justly and truly, according to the best of my skill and Judgment, do equal and impartial Justice, without fraud, favor or affection.” And the superintendant for the northern district, shall administer to his deputies, 0045 493 the following oath, before they proceed on the duties of their office: “I, A. B. do swear, that I will well and faithfully serve the United States, in the office of deputy superintendant of Indian Affairs in the northern district, that I will carefully attend to all such orders and instructions as I shall, from time to time, receive from the United States in Congress assembled, the Secretary at War, or the Superintendant of the district aforesaid, and that in all things belonging to my said office, during my continuance therein, I will faithfully, justly and truly, according to the best of my skull and Judgment, do equal and impartial Justice, without fraud, favor or affection.” And the said Superintendants and deputy superintendents, shall each of them give bond with surety to the board of treasury, in trust for the United States; the superintendants each in the sum of six thousand dollars, and the deputy superintendents each in the sum of three thousand dollars, for the faithful discharge of the duties of their office.

And be it further ordained , That all fines and forfeitures which may be incurred by contravening this ordinance, shall be sued for and recovered before any court of record within the United States, the one moiety thereof to the use of him or them who may prosecute therefor, and the other moiety to the use of the United States. And the said Superintendants shall have power, and hereby are authorized, by force to restrain therefrom, all persons who shall attempt an intercourse with the said Indians without a license therefor, obtained as aforesaid.

And be it further ordained , That in all cases where transactions with any nation or tribe of Indians shall become necessary to the purposes of this ordinance, which cannot be done without interfering with the legislative rights of a State, the Superintendant in whose district the same shall happen, shall act in conjunction with the authority of such State. 1

1 This paragraph exists in the writing of Theodore Sedgwick, in No. 56, folio 468. It appears to have been submitted as a motion and duly incorporated in the Ordinance.

2 Done by the United States in Congress assembled, this 7 day of August, A. D. 1786, &c.

2 At this point Charles Thomson resumes the entries.

The Commissioner for settling the accounts of the late army, to whom was referred a petition of John Stevens, late a captain in the Connecticut line, having reported thereon;

0046 494

On motion of Mr. [William Samuel] Johnson, seconded by Mr. [Pierse] Long,

Resolved , That it be, and is hereby recommended to the state of Connecticut, to settle the claims of captain John Stevens, for pay and depreciation, as a captain of a company in the Connecticut line of the Army, agreeably to the Act of Congress of the 25 May, 1781. 1

1 This motion, in the writing of William Samuel Johnson, is in the Papers of the Continental Congress , No. 19, V, folio 411.

The Committee consisting of M r . [Edward] Carrington, M: [John Cleves] Symmes and M r . [Nathan] Dane, to whom was referred the Petition of Robert Patton, door keeper, report as follows viz t .

It appears to your Com. that from about the Middle of June, 1783, to the Middle of January, 1785, being 19 months, there was no person employed as a Messenger of Congress, and that during that period the said Robert Patton did the business of that character as an extra-duty. It also appears to Your Com. that within the above period the several removals of Congress must have subjected the Petitioner to much more expence than he otherwise would have been at: It is therefore their opinion that in consideration of all the premises he ought to be allowed during the said 19 Months half the pay of a Messenger, whereupon the following Resolution is submitted Viz t . 2

2 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 19, V, folio 53. According to indorsement it was read August 7. The submitted resolve was passed September 7, where it is spread verbatim on the Journal.

The Grand Committee consisting of M r . [Samuel] Livermore, Mr. [Nathan] Dane, Mr. [James] Manning, Mr. [William Samuel] Johnson, M r . [Melancton] Smith, M r . [John Cleves] Symmes, M r . [Charles] Pettit, M r . [William] Henry, M r . [Henry] Lee, M r . [Timothy] Bloodworth, M r . [Charles] Pinckney and M r . [William] Houstoun appointed to report such amendments to the confederation, and such resolutions as it may be necessary to recommend to the several states for the purpose of obtaining from them such powers as will render the federal government adequate to the ends for which it was instituted.

Beg leave to submit the following Report to the consideration of Congress:

Resolved , That it be recommended to the Legislatures of the several States to adopt the following Articles as Articles of the Confederation, 0047 495 and to authorise their Delegates in Congress to sign and ratify the same severally as they shall be adopted, to wit:

Art . 14. The United States in Congress Assembled shall have the sole and exclusive power of regulating the trade of the States as well with foreign Nations as with each other and of laying such prohibitions and such Imposts and duties upon imports and exports as may be Necessary for the purpose; provided the Citizens of the States shall in no instance be subjected to pay higher duties and Imposts that those imposed on the subjects of foreign powers, provided also, that all such duties as may be imposed shall be collected under such regulations as the united States in Congress Assembled shall establish consistent with the Constitutions of the States Respectively and to accrue to the use of the State in which the same shall be payable; provided also, that the Legislative power of the several States shall not be restrained from laying embargoes in time of Scarcity and provided lastly that every Act of Congress for the above purpose shall have the assent of Nine States in Congress Assembled, and in that proportion when there shall be more than thirteen in the Union.

Art . 15. That the respective States may be induced to perform the several duties mutually and solemnly agreed to be performed by their federal Compact, and to prevent unreasonable delays in any State in furnishing her just proportion of the common Charges of the Union when called upon, and those essential evils which have heretofore often arisen to the Confederacy from such delays, it is agreed that whenever a requisition shall be made by Congress upon the several States on the principles of the Confederation for their quotas of the common charges or land forces of the Union Congress shall fix the proper periods when the States shall pass Legislative Acts complying therewith and give full and compleat effect to the same and if any State shall neglect, seasonably to pass such Acts such State shall be charged with an additional sum to her quota called for from the time she may be required to pay or furnish the same, which additional sum or charge shall be at the rate of ten per Cent pr. annum on her said Quota, and if the requisition shall be for Land forces, and any State shall neglect to furnish her quota in time the average expence of such quota shall be ascertained by Congress, and such State shall be charged therewith, or with the average expence of what she may be deficient and in addition thereto from the time her forces were required to be ready to act in the field with a farther sum which sum 0048 496 shall be at the rate of twelve per Cent per Annum on the amount of such expences.

Art . 16. And that the resources of any State which may be negligent in furnishing her just proportion of the Common expence of the Union may in a reasonable time be applied, it is further agreed that if any State shall so Neglect as aforesaid to pass laws in compliance with the said Requisition and to adopt measures to give the same full effect for the space of Ten months, and it shall then or afterwards be found that a Majority of the States have passed such laws and adopted such measures the United States in Congress Assembled shall have full power and authority to levy, assess, and collect all sums and duties with which any such state so neglecting to comply with the requisition may stand charged on the same by the Laws and Rules by which the last State tax next preceeding such requisition in such State was levied, assessed and Collected, to apportion the sum so required on the Towns or Counties in such State to order the sums so apportioned to be assessed by the assessors of such last State tax and the said assessments to be committed to the Collector of the same last State tax to collect and to make returns of such assessments and Commitments to the Treasurer of the United States who by himself or his deputy, when directed by Congress shall have power to recover the monies of such Collectors for the use of the United States in the same manner and under the same penalties as State taxes are recovered and collected by the Treasurers of the respective States and the several Towns or Counties respectively shall be responsible for the conduct of said Assessors and Collectors and in case there shall be any vacancy in any of said Offices of Assessors or Collectors by death, removal, refusal to serve, resignation or otherwise, then other fit persons shall be chosen to fill such Vacancies in the usual manner in such Town or County within Twenty days after Notice of the assessment, and in case any Towns or Counties, any assessor, Collectors or Sheriffs shall Neglect or refuse to do their duty Congress shall have the same rights and powers to compel them that the State may have in assessing and collecting State Taxes.

And if any state by any Legislative Act shall prevent or delay the due Collection of said sums as aforesaid, Congress shall have full power and authority to appoint assessors and Collectors thereof and Sheriffs to enforce the Collections under the warrants of distress issued by the Treasurer of the United States, and if any further opposition shall be made to such Collections by the State or the Citizens thereof, 0049 497 and their conduct not disapproved of by the State, such conduct on the part of the State shall be considered as an open Violation of the federal compact.

Art . 17. And any State which from time to time shall be found in her payments on any Requisition in advance on an average of the payments made by the State shall be allowed an interest of six —per Cent pr. annum on her said advanced sums or expences and the State which from time to time shall be found in arrear on the principles aforesaid shall be charged with an Interest of six —per Cent pr. annum on the sums in which she may be so in arrear.

Art . 18. In case it shall hereafter be found Necessary by Congress to establish any new Systems of Revenue and to make any new regulations in the finances of the U.S. for a limited term not exceeding fifteen years in their operation for supplying the common Treasury with monies for defraying all charges of war, and all other expences that shall be incurred for the common defence or general welfare, and such new Systems or regulations shall be agreed to and adopted by the United States in Congress Assembled and afterwards be confirmed by the Legislatures of eleven States and in that proportion when there shall be more than thirteen States in the Union, the same shall become binding on all the States, as fully as if the Legislatures of all the States should confirm the same.

Art . 19. The United States in Congress Assembled shall have the sole and exclusive power of declaring what offences against the United States shall be deemed treason, and what Offences against the same Mis-prison of treason, and what Offences shall be deemed piracy or felony on the high Seas and to annex suitable punishments to all the Offences aforesaid respectively, and power to institute a federal Judicial Court for trying and punishing all officers appointed by Congress for all crimes, offences, and misbehaviour in their Offices and to which Court an Appeal shall be allowed from the Judicial Courts of the several States in all Causes wherein questions shall arise on the meaning and construction of Treaties entered into by the United States with any foreign power, or on the Law of Nations, or wherein any question shall arise respecting any regulations that may hereafter be made by Congress relative to trade and Commerce, or the Collection of federal Revenues pursuant to powers that shall be vested in that body or wherein questions of importance may arise and the United States shall be a party—provided that the trial of the fact by Jury shall ever be held sacred, and also the benefits of 0050 498 the writ of Habeas Corpus; provided also that no member of Congress or officer holding any other office under the United States shall be a Judge of said Court, and the said Court shall consist of Seven Judges, to be appointed from the different parts of the Union to wit, one from New Hampshire, Rhode Island, and Connecticut, one from Massachusetts, one from New York and New Jersey, one from Pennsylvania, one from Delaware and Maryland, one from Virginia, and one from North Carolina, South Carolina and Georgia, and four of whom shall be a quorum to do business.

Art . 20. That due attention may be given to the affairs of the Union early in the federal year, and the sessions of Congress made as short as conveniently may be each State shall elect her Delegates annually before the first of July and make it their duty to give an Answer before the first of September in every year, whether they accept their appointments or not, and make effectual provision for filling the places of those who may decline, before the first of October yearly, and to transmit to Congress by the tenth of the same month, the names of the Delegates who shall be appointed and accept their appointments, and it shall be the indispensable duty of Delegates to make a representation of their State in Congress on the first Monday in November annually, and if any Delegate or Delegates, when required by Congress to attend so far as may be Necessary to keep up a Representation of each State in Congress, or having taken his or their Scat, shall with-draw without leave of Congress, unless recalled by the State, he or they shall be proceeded against as Congress shall direct, provided no punishment shall be further extended than to disqualifications any longer to be members of Congress, or to hold any Office of trust or profit under the United States or any individual State, and the several States shall adopt regulations effectual to the attainment of the ends of this Article. 1

1 This report, the preamble in the writing of Charles Pinckney and the rest in the writing of Henry Remsen Jr., is in the Papers of the Continental Congress , No. 24, folio 179. According to indorsement it was read August 7 and Monday the 14 th assigned.

The Board of Treasury to whom was Referred the Petitions of William W. Morris and John Hayden relative to sundry Certificates, alledged to have been lost or destroyed, Beg leave to Report:

That in consequence of the various Applications which have been from time to time been made to Congress for the Renewal of the 0051 499 Securities of the United States made payable to Bearer, they have turned their attention to the General Question how far it is proper to direct the Renewal of such Securities.

They do not find on enquiry, that it is consistent with the practice of any Government or Public Establishment, who issue Certificates of Debts payable to Bearer, to renew the same in case of total loss, or destruction of the Paper so issued.

That this uniform practice, it must be presumed has arisen from the impracticability of Guarding against the numerous impositions which would inevitably ensue from a contrary line of conduct.

That although Congress by their Resolves of the 10 th . May, 1780, relative to the Renewal of Loan Office Certificates, direct that Bonds of Indemnification should be given with two or more Sureties, to double the amount of the value of the Certificates claimed to be renewed: Yet it is to be observed, that the Obligation on the part of the Public to pay the Principal and Interest of the Original Certificates (if ever produced) is certain: whilst the chance of Recovery may depend on the Issue of a Process at Law, and the ultimate sufficiency of the Parties or their legal Representatives, who have entered into the Bonds of Indemnification.

That exclusive of these Objections the precaution above-mentioned is not, in the Opinion of this Board a sufficient reason for deviating in this respect from a rule of conduct which has been so long and generally Established and acquiesced in.

In all Commercial Countries, Notes payable to Bearer, have been considered in the nature of Money: because they enter into the general Mass of Circulation. The possession of the Note is the only Evidence of Right; and when that is interupted, the Right of the former possessor ceases. It is true that instances are not wanting where public, and private Notes, payable to Bearer, have been renewed where fragments of the Original have been produced sufficient to prove the Title to Payment. But we think we may with safety declare, that on the Alligation of total loss or destruction (without such material fragments of the Original being produced) no precedent of Renewal of such Evidences of a Public Debt existed previous to the Resolves of Congress of the 10 th . May, 1780.

The Board are sensible that as in the instances submitted to their consideration, so in many other cases, an injury will often arise to Individuals from the loss of Certificates, but it is by Gen l . Principles 0052 500 only that Public Bodies can with safety Act, in all matters where a deviation will not only expose the Government to the risque of loss, but encourage in the Community a disposition to commit fraud; besides, these private losses will be less frequent, if the custom established in other Countries with respect to Paper payable to Bearer, was adopted in this, and generally promulgated.

It may further not be improper to observe, that the various Evidences of Public Debt payable to Bearer, have not only opened a door to numerous frauds, by facilitating the means of Counterfeiting the same: but have rendered the operation of the payment of the Interest far more expensive and complicated than it, otherwise would be: Whatever therefore has a tendency to induce Individuals to Register the various Public Securities of which they are possest, agreeably to the established forms of the Treasury, ought in the Opinion of this Board to be considered and encouraged. The security of such Certificates in case of loss, when compared with those made payable to Bearer, would probably have no small effect in facilitating this object.

It is with great deference to the Judgement of Congress, who by their Resolve of the 10 th . May, 1780, have so far as it respects Loan Office Certificates, adopted a different mode of practice, that these opinions are Submitted. If they are well founded, it follows, that no distinction can with propriety be made betwixt the renewal of Loan Office Certificates, and that of other Notes, which are made payable to Bearer. From these considerations, they beg leave to submit the following Resolves:

Resolved , That no Certificate issued under the Authority of the United States, and made payable to Bearer be hereafter Renewable, unless material Fragments of the same be produced descriptive of the Original Certificate: and that in all cases where the Claim to Renewal is admitted, a Certificate signed by the Register of the Treasury be issued in liew of the Original.

Resolved , That Certificates transferable only at the Treasury of the United States, may in case of Loss or Destruction be renewed under such Limitations and Restrictions as the Commissioners of the Treasury of the United States may judge proper to Establish.

0053 501

Resolved , That the Resolutions of Congress of the 10th May and July 18, 1780, relative to the Renewal of Loan Office Certificates be and they are hereby Repealed.

All which is humbly submitted. 1

1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress , No. 138, II, folio 181. The added paragraph is in the writing of Arthur Lee and the report is indorsed by Roger Alden calling attention to a report of August 9 on the same subject. It is undated as to action by Congress but seems to belong to this or an approximate date.

August 5 th ., 1786. saving always to those who shall have made application for renewal of certificates, destroyed previous to the first day of March next all the rights they now have under the resolutions now repealed.

Office For Foreign Affairs , Aug t . 5 th ., 1786 .

The Secretary of the United States for the Department of foreign Affairs to whom was Referred a Letter of 20 th . July, 1786, from the President of New Hampshire to his Excellency the President of Congress, Reports;

That on attentively considering the facts stated in these papers, it is not clear to him that Congress should interfere. He thinks however it might be well to direct Copies of them to be sent to the Honorable M r . Adams, with instructions to take such Measures on the subject, and to afford the Claimants such Aid, as Circumstances, and further information may render proper and adviseable.

All which is submitted to the Wisdom of Congress.

John Jay . 2

2 This report is in the Papers of the Continental Congress , No. 81, II, folio 133. See ante , July 28 and post, August 8.

The Comm ee . consisting &c. [of Mr. William Grayson, Mr. Rufus King and M r . William Few, on forming a new Contract for carrying of the mail] report:

That the postmaster general be instructed under the direction of the board of treasury to enter into contracts with good and sufficient security for the conveyance of the different mails by the stage carriages from Portsmouth in N. Hamshire to the town of Augusta Savanah in the State of Georgia.

0054 502

That the said Post M r . Genl. do make arrangements for ye transportation of the Mati to and from the following places, at such stated periods as he shall judge necessary.

From Portsmouth in N. Hamshire to Pownalborough in the State of Massachusets by the rout of Wells and New Gloucester Portland.

From Boston in the said State of Massachusets to the town of Concord in N. Hamshire, and from thence through Exeter to Portsmouth from Springfield in the State of Massachusetts to Albany in the State of N. York.

From the City of N. York to the City of Albany in the State of N. York and from N. York to Danbury in the State of Connecticut and from thence to Hartford in said State by the most convenient rout.

From the town of Baltimore to the city of Annapolis in the State of Maryland and from the City of Philadelphia to the Town of Vienna in the State of Maryland.

From the town of Alexandria in the State of Virginia to the town of Pittsburgh in the State of Pennsylvania by the rout of Leesburgh and Winchester, Fort Cumberland, and Bedford.

From Philadelphia to Bedford.

From the town of Wilmington to Fayetteville in the State of No. Carolina, by the rout of Elizabeth Town.

From Fayetteville in North Carolina to Cambden in South Carolina and from thence to Charles Town in the same State and from Cambden by the rout of Columbia to Augusta in Georgia.

That the contracts commence on the first day of January and remain in force for twelve months thence next ensuing. 1

1 This report, in the writing of William Grayson and an unknown, is in the Papers of the Continental Congress , No. 61, folio 555. According to indorsement it was: “Ent d . Aug. 4, 1786, read Aug. 7, 1786.”

August 7: Mr. [Melancton] Smith was appointed in place of Mr. [Nathan] Dane, to the Committee of March 27, to which was recommitted, July 13, the report on the temporary government for the Western Territory. See post , August 23. Committee Book, No. 190 .

Also was read a report from the Secretary for Foreign Affairs on John O'Donnell's letter of June 20, on the Asiatic trade. It is in No. 81, II, folio 137, and is indorsed that O'Donnell's letter was returned to the Office of Foreign Affairs November 12, 1787.

TUESDAY, AUGUST 8, 1786.

Congress assembled. Present, as before.

On a report of the board of treasury, to whom was referred a letter of the 13 October, 1785, from the Secretary for foreign Affairs, transmitting a letter from Don Diego de Gardoqui,

Resolved , That the board of treasury take order for paying whatever balance shall appear due from the Navy board of the Eastern department, to Joseph Gardoqui & Sons, of Bilboa, on a certificate from the commissioner of the marine department, ascertaining the same; and that the navy be charged with the amount.

On motion of Mr. [Charles] Pinckney, seconded by Mr. [Henry] Lee,

Resolved , That the Salary of the Superintendant of Indian affairs for the Northern district, be one thousand dollars; and of the deputies of the said district, five hundred dollars each, per annum; and that the salary of the Superintendant for the Southern district, be one thousand dollars per annum. 1

1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 30, folio 299.

Ordered , That Monday next be assigned for the election of a Superintendant for the Northern district. On a report of the Board of treasury,

Resolved , That the standard of the United States of America, for Gold and Silver, shall be eleven parts fine and one part alloy.

That the money Unit of the United States, being by the resolve of Congress of the 6th July, 1785, a dollar shall contain of fine silver, three hundred and seventy-five grains and sixty-four hundredths of a grain.

That the Money of Account, to correspond with the division of coins, agreeably to the above resolve, proceed in a decimal ratio, agreeably to the forms and manner following, viz.

Mills : The lowest money of accompt, of which one thousand shall be equal to the federal dollar, or money unit 0.001

Cents : The highest copper piece, of which one hundred shall be equal to the dollar 0.010

0056 504

Dimes : The lowest silver coin, ten of which shall be equal to the dollar 0.100

Dollar : The highest silver coin 1.000

That betwixt the dollar and the lowest copper coin, as fixed by the resolve of Congress of the 6 July, 1785, there shall be three silver coins, and one copper coin. That the silver coins shall be as follows: One coin containing one hundred and eighty-seven grains and eighty-two hundredths of a grain of fine silver, to be called A half dollar : One coin containing seventy-five grains and one hundred and twenty-eight thousandths of a grain of fine silver, to be called A double dime : And one coin containing thirty-seven grains and five hundred and sixty thousandths of a grain of fine silver, to be called A Dime .

That the two copper coins shall be as follows: One equal to the one hundredth part of the federal dollar, to be called a cent : And one equal to the two-hundredth part of the federal dollar to be called A half cent .

That two pounds and a quarter avoirdupois weight of copper, shall constitute one hundred cents.

That there shall be two gold coins: One containing two hundred and forty-six grains and two hundred and sixty-eight thousandths of a grain of fine gold, equal to ten dollars, to be stamped with the impression of the American Eagle, and to be called An Eagle : One containing one hundred and twenty-three grains and one hundred and thirty-four thousandths of a grain of fine gold, equal to five dollars, to be stamped in like manner, and to be called A half Eagle .

That the mint price of a pound troy weight of uncoined silver, eleven parts fine and one part alloy, shall be nine dollars, nine dimes and two cents.

That the mint price of a pound troy weight of uncoined gold, eleven parts fine and one part alloy, shall be two hundred and nine dollars, seven dimes and seven cents.

Ordered , That the board of treasury report a draft of an Ordinance for the establishment of a mint.

On a report of a committee, consisting of Mr. [Henry] Lee, Mr. [Charles] Pettit, and Mr. [Edward] Carrington,

Resolved , That a monument be erected to the memory of Nathaniel Greene, esquire at the Seat of the federal government, with the following Inscription:

Sacred to the Memory of Nathaniel Greene, Esq r . a native of the State of Rhode Island, who died on the 19th of June, 1786, late Major general in the service of the United States, and commander of their army in the Southern department.

The United States in Congress Assembled, in honor of his patriotism, valour and ability, have erected this Monument.

0057 505

Resolved , That the board of treasury take Order for the due execution of the foregoing resolution.

The Board of Treasury to whom was Referred a Petition of Return Jonathan Meigs, praying for an Allowance of Interest on the sum ordered to be paid to him by the Resolve of Congress of the 28th September last, Beg leave to Report:

That it is the Established Rule in adjusting Accounts at the Treasury of the United States to Allow on all Sums due to Individuals for Monies by them advanced, or Services done, an Interest of Six per Cent per Annum, from the time the same became due.

That the Sum of Two hundred Dollars ordered to be paid by the Resolve of Congress of the 28 th September last to Return Jonathan Meigs, and the legal Representatives of Christopher Greene deceased, appears to have been for Monies by them expended for the relief of their unfortunate fellow Prisoners at Quebec in the Year 1776.

The Board for these Considerations, submit to the consideration of Congress the following Resolve:

That there be allowed to Return Jonathan Meigs, and the legal Representatives of Christopher Greene the usual Interest on the sum of Two hundred Dollars by them advanced for the relief of their fellow Prisoners at Quebec in the Year 1776, to be computed from the date of the Advance.

All which is humbly submitted, 1

1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress , No. 138, II, folio 137. According to indorsement it was read August 8.

August 8: The following committees were appointed: Mr. [William Samuel] Johnson, Mr. [John Cleves] Symmes and Mr. [James] Manning, on a “Letter (1) Aug. Rev d . J. Ettwein and 3 July, Col. Harmar respect g . the return of Moravian Indians.” A report was rendered August 17.

Mr. [William] Grayson, Mr. [Charles] Pinckney, Mr. [Melancton] Smith, Mr. [Josiah] Hornblower and Mr. [Samuel] Livermore, on the “Report of Comee. on Algerines. 9 Aug. A Motion of Mr. [Nathan] Miller.” See post, September 11.

The “Petition of Jas. Burnside, Doyl Sweeney and Robert Underwood clerks for pay from 16 April to 16 May, 1786,” was referred to the Board of Treasury to report and a report rendered August 22. The petition is in No. 42, I, folio 397 and, according to indorsement, was read August 8 and acted on October 12.

Also Mr. [Theodore] Sedgwick was this day added in place of Mr. [Nathan] Dane to the committee of July 27 to draft an ordinance to carry into effect the impost of April 18, 1783. See post , August 9 and October 16.

Committee Book No. 190 .

August 7 th ., 1786.

WEDNESDAY, AUGUST 9, 1786.

Congress assembled. Present, as before.

On a report of the board of treasury, to whom was referred a memorial of Mr. P. Schuyler, late a commissioner for Indian Affairs in the Northern department,

That the Memorialist was on the 13 th . day of July, 1775, appointed one of the Commissioners of Indian Affairs for the Northern Department being at that time a Major General in the Service of the United States, but that it does not appear from the Journals of Congress that any Allowance was fixed for the Services of the said Commissioners, whilst acting in that Capacity.

That on the 19 th . day of April, 1779, the resignation of the Military Commission of the Memorialist was accepted by Congress, but that the Memorialist states that subsequent to this Resignation he continued to execute the Orders of Congress relative to Indian Affairs and Secret Services in Canada till a new arrangement of the Indian Department took place on the 5th. day of March, 1784.

From these Circumstances the Board are of opinion that although no special Allowance has been fixed for the Services of the Commissioners of Indian Affairs for the Northern Department yet it is proper that an Equitable Compensation should be made for their Services whilst acting in that Capacity more especially as Congress on the 5th July, 1776, Resolved that the sum of four Dollars per day should be allowed to the Commissioners of Indian Affairs for the Southern Department whilst in actual Service. In as much however as the Memorialist received pay as a General Officer to the 19th day of April, 1779, The Board are of opinion that he is precluded by the Resolve of Congress of the 18 th . September, 1776, from receiving pay in the Capacity of a Commissioner from the time of his appointment to the Period when his Resignation as a General Officer was accepted by Congress.

On the above premises the Board submit to the Judgment of Congress the following Resolve. 1

1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress , No. 139, folio 367. It is undated and alterations made by Congress in the submitted resolve.

Resolved , That in the settlement of the accounts of Philip Schuyler, late one of the commissioners of Indian Affairs for 0059 507 the northern department, he be allowed at the rate of four dollars per day, for every day he was actually employed in that business, after the nineteenth day of April, 1779, he having received pay as a major-general in the service of the United States, until that period.

That the allowance aforesaid be extended to all the commissioners of Indian affairs in the Northern department, during the time they were actually employed in the business of the said commission, the time actually employed to be ascertained on the oath of the parties respectively.

On motion of Mr. [Charles] Pinckney, seconded by Mr. [Henry] Lee,

Whereas the states of Massachusetts, Connecticut, New York and Virginia, have, in consequence of the recommendation of Congress of the sixth day of September, 1780, made cessions of their claims to western territory, to the United States in Congress assembled, for the use of the United States,

Resolved , That the said subject be again presented to the view of the States of North Carolina., South Carolina and Georgia, who have not complied with so reasonable a proposition; and that they be once more solicited to consider with candor and liberality the expectations of their sister States, and the earnest and repeated applications made to them by Congress on this subject. 1

1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 30, folio 553.

On a report of the Secretary at War,

Resolved , That the Secretary at Wax pay the expenses of Scotosh, a Wyandot warrior, and his companions, during their residence in the city of New York, and that the board of treasury furnish the Money for the purpose.

On a report of the board of treasury,

0060 508

Resolved , That the sum of thirty dollars be allowed to Jeremiah Jackson, William Alexander, Robert Wilkin, Blackall William Ball, Edward Butler, and James Gilchrist, late officers in the Pennsylvania line, respectively, to defray travelling charges from the Southern Army in March, 1782.

On the report of a committee, consisting of Mr. [Charles] Pinckney, Mr. [William] Grayson and Mr. [Timothy] Bloodworth, to whom was referred a letter from the Secretary for foreign Affairs.

Resolved , That the Secretary for foreign Affairs cause to be made out separate lists of the numbers, names and owners of the Negroes belonging to the citizens of each State, and carried away by the british, in contravention of the late treaty of peace: and that he transmit the said lists to the executives of the States to which they respectively belong.

The Committee appointed under the resolution of 27 of July last submit the following report in part:

Resolv'd, * * *

That a Committee be appointed to confer with the said Legislature as soon as it shall be conven'd, to state to them the exhausted and embarrased state of the publick finances and in consequence thereof the eminent disadvantages which must result to the Union from her failure to comply with the said recommendation. 1

1 This report, in the writing of James Monroe, is in the Papers of the Continental Congress , No. 24, folio 423. According to indorsement it was read August 9 and passed August 11 where the omitted portions are spread verbatim on the Journal. Roger Alden's indorsement states “Comme ee . app d . to confer with Legislature of Pens a respecting the Impost Law.” See post August 14.

August 9: The following committees were appointed:

Mr. [Rufus] King, Mr. [Melancton] Smith, Mr. [Pierse] Long, Mr. [William Samuel] Johnson and Mr. [John] Bull, on “Motion of Mr. [Rufus] King for abolishing Com rs . for settling betw: U.S. and ind: states and appointing a board of three for that and other purposes.” See post , September 5.

Mr. [Edward] Carrington, Mr. [Charles] Pinckney and Mr. [Nathan] Miller, on “Report of Com r . of Army Acco ts . on Mem l . of Marinus Willet.” A report was rendered August 17. See ante , May 24, Pierce's report is indorsed as referred to the Board of Treasury for a report and report rendered and passed March 21, 1787.

A motion was this day made by Mr. [Nathan] Miller regarding the committee report on the Algerines. See ante , August 8. Committee Book No. 190 .

THURSDAY, AUGUST 10, 1786.

Congress assembled. Present, as before.

Congress was resolved into a committee of the whole, on a communication from the Secretary for foreign Affairs: Mr. [John] Bull elected to the chair:

After some time the president resumed the chair, and Mr. Bull reported, that the committee have had under consideration the subject referred to them, but having come to no determination, desire leave to sit to-morrow.

Ordered , That leave be granted.

August 10, 1786.

On Motion or M: [William] Grayson, seconded by Mr. [Timothy] Bloodworth, the Secretary of Congress, transmitted to Mr. Jay the following Order:

“That the Secretary for foreign Affairs without delay state to Congress any information he may have received respecting the sentiments of the court of France touching our right of Navigating the Mississippi. Also that he state to Congress the territorial claims of Spain on the east side of the Mississippi.” 1

1 This proceeding is entered, by Thomson, only in Secret Journal, Foreign , No. 5. The original motion in the writing of William Grayson is in the Papers of the Continental Congress , No. 81, II, folio 311. Thomson's letter to Jay is in No. 55, folio 323.

Office For Foreign Affairs , 10 th . August, 1786 .

Sir : I have this moment received an Order of Congress in the following words, Viz t .—

“That the Secretary for foreign Affairs state to Congress without delay any Information he may have received respecting the Sentiments of the Court of France touching our Right of navigating the Mississippi; also that he state to Congress the territorial Claims of Spain on the east side of the Mississippi.”

Permit me sir, to observe that it is impossible to execute this Order instantly, because the Sentiments of the Court of France touching our Right to navigate the Mississippi are to be collected from Paragraphs and Documents so mixed with the Mass of Papers in this Office as to require time to select and Copy.

0062 510

The Evidence we have of the territorial Claims of Spain on the east Side of the Mississippi is in the same Predicament, and some Time will be necessary to extract and arrange it.

It would be rash in me to attempt this Statement from Memory, especially as Omissions and Mistakes however accidental and unintentional might give Occasion to unpleasant Doubts and Conjectures.

I shall immediately lay aside other Business, and diligently apply myself to preparing this Statement; there shall be on my part no avoidable Delay, and the Moment it is finished it shall be transmitted to your Excellency.

I have the honor to be, etc.

John Jay . 1

1 This letter is in the Papers of the Continental Congress , No. 81, II, folio 213. According to indorsement it was read August 10.

His Excellency, The President of Congress.

[Motion of Delegates of Massachusetts]

[Resolved that the following words contained in an instruction of the U. S in Congress assembled to the See y . for the dep t . of for n . affairs made the 25 th . day of Aug t . 1785.]

Resolved , That so much of the Resolution of Congress of the 25 day of Aug., 1785, being an instruction to the Secretary of the U. S. for the department of Foreign Affairs, as are contained in the following words, namely, [“And that the following be substituted in its place, that the See y . to the U. S. for the department of foreign affairs be and hereby is instructed in his plan of a treaty with the Encargado de Negocios of his catholic Majesty particularly to stipulate the right of the U. S. to their territorial Bounds and the free navigation of the Mississippi, from the Source to the Ocean established in their treaties with Great Britain; and that he neither conclude or sign any Treaty, compact or convention with the said Encargado de Negocios untill he hath previously communicated it to Congress and received their approbation”] be and the same is hereby repealed, and made void * * * 2

2 This motion, in the writing of Rufus King, except the portions in brackets which are in that of Theodore Sedgwick, is in the Papers of the Continental Congress , No. 81, II, folio 245. According to Thomson's indorsement it was offered August 10. The omitted portion, which is on folios 249–255, is in King's writing and is spread on the Secret Journal, Foreign , No. 5, August 28.

FRIDAY, AUGUST 11, 1786.

Congress assembled. Present as before.

The Order of the day being postponed, Congress took into Consideration the report of a committee, consisting of Mr. [James] Monroe, Mr. [Charles] Pinckney, Mr. [Samuel] Livermore, Mr. [Charles] Pettit and Mr. [Theodore] Sedgwick, and the first paragraph being amended to read:

That an Application be made immediately to the legislature of Pennsylvania, by a committee to attend and confer with the said legislature, to explain to them more fully the embarrassed state of the public finances, and to recommend it to the said state to repeal the clause in her Act granting the impost, which suspends its operation until all the states shall have granted the supplementary funds, so as to enable, on her part, the United States to carry the said system into effect as soon as possible.

A motion was made by Mr. [Henry] Lee, seconded by Mr. [Melancton] Smith, that the further consideration thereof be postponed: And on the question to postpone, the yeas and nays being required by Mr. [Melancton] Smith,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no King, no no Sedgwick, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Cadwellader, no Symmes, no no Hornblower, no Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, ay Harrison no no Ramsay, no Virginia, Mr. Grayson, no Monroe, no div Carrington, ay Lee, ay 0064 512 North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, ay div. Few, no

So it passed in the negative.

On the question to agree to the paragraph; the yeas and nays being required by Mr. [Charles] Pettit,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay King, ay ay Sedgwick, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Haring, no no Smith, no New Jersey, Mr. Cadwellader, ay Symmes, ay ay Hornblower, ay Pennsylvania, Mr. Pettit, no no Bayard, no Maryland, Mr. Henry, no Harrison ay ay Ramsay, ay Virginia, Mr. Grayson, no Monroe, ay no Carrington, no Lee, no North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, no div. Few, ay

So it was Resolved , That an application be made immediately to the legislature of Pennsylvania, by a committee to attend and confer with the said legislature, to explain to them more fully the embarrassed state of the public finances, 0065 513 and to recommend it to the said state to repeal the clause in her act granting the impost, which suspends its operation until all the states shall have granted the supplementary funds, so as to enable, on her part, the United States in Congress assembled, to carry the said system into effect as soon as possible.

Congress proceeded in the further consideration of the report: and thereupon,

Resolved , That it be earnestly recommended to the Executive of the State of New York, immediately to convene the legislature of the said state, to take into consideration the recommendation of the 18 of April, 1783, for the purpose of granting the System of impost to the United States, in such conformity with the Acts and grants of the other states, as, on her part, to enable the United States in Congress assembled, to carry the same into immediate effect.

On the question to agree to the above resolution, the yeas and nays having been required by Mr. [John] Haring,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay King, ay ay Sedgwick, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, no no Smith, no New Jersey, Mr. Cadwellader, ay Symmes, ay ay Hornblower, ay Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, ay Harrison ay ay Ramsay, ay Virginia, Mr. Monroe, ay Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay 0066 514 South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative. 1

1 August 11: “Memorial of Udny Hay complaining of the conduct of the Comptroller” was referred to the Board of Treasury to report and a report rendered October 10. The memorial dated August 10 was read August 11, according to indorsement. It is in No. 41, IV, folio 358. Another memorial praying for the privileges and emoluments of a retired lieutenant colonel, dated July 31, and also read on August 11, is on folio 362.

The “Petition of Francis Cazeau to be paid 300 dollars in part of 22,015 76/90 dollars which he says is due him” was referred to the Board of Treasury to report and a report rendered August 15. The petition is in No. 42, II, folio 214.

Committee Book , No. 190.

Also was read, according to indorsement, a letter from the Board of Treasury, announcing that in a policy of expense retrenchment it had directed Mr. Story, one of the Commissioners for settling the accounts with Pennsylvania, to close his office. It is in No. 140, Il, folio 249.

Office of Secy of Congress , Aug. 12, 1786 .

On the two memorials from Mr. Peter Landais stating the Answers which the board of treasury gave him respecting his two memorials of the 31 July and containing a repetition of the said memorials, the Secretary of Congress reports as his Opinion:

That Mr. Landais be informed that his claim for interest on the gratuity of 12,000 livres from the 4 of Dec r ., 1777 (the time he thinks it ought to have been made him), to the 6 March, 1779, when Congress were pleased to make him the grant; and interest upon that interest from the 6 of May, 1785, to the time it will be paid cannot be admitted.

That with respect to his other claim to be paid in ready money the sum of 1,814 4/10 dollars Congress have decided thereon by their Act of 2 June, 1785; and that Mr. Landais have leave to withdraw his said memorials.

If this should meet the approbation of Congress Agreed to. the Secretary further reports, That this be referred to the board of treasury to take Order. 2

2 This report is entered by Thomson in Reports of the Secretary of Congress , No. 180.

MONDAY, AUGUST 14, 1786.

Congress assembled. Present, as before.

A motion was made by Mr. [William] Houstoun, seconded by Mr. [Edward] Carrington, to consider the resolution of the 11th “That an application be made immediately to the legislature of Pennsylvania, by a committee to attend and confer with the said Legislature:” And on the question to reconsider, the yeas and nays being required by Mr. [William] Houstoun,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no King, no no Sedgwick, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Cadwellader, no Symmes, no no Hornblower, no Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, ay Harrison no no Ramsay, no Virginia, Mr. Grayson, no Monroe, no Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Parker, no Georgia, Mr. Houstoun, ay div. Few, no

So it passed in the negative.

Resolved , That the committee to attend and confer with the legislature of Pennsylvania, consist of two members.

Mr. [Rufus] King and Mr. [James] Monroe were appointed.

A motion was made by Mr. [Melancton] Smith, seconded by Mr. [William] Houstoun,

0068 516

That a committee be appointed to repair to the legislatures of Connecticut, New Jersey and North Carolina, who have not passed Acts in compliance with the requisition of Congress of the 27 September, 1785,“ to explain to them more fully the embarrassed state of the public finances, to urge upon them the necessity of a full and immediate compliance with the said requisition, and that a committee be appointed, to prepare an Address to the states of New Hampshire and Maryland, who have passed Acts complying with the said requisition only in part, enforcing the necessity of a full and immediate compliance therewith.”

On this the previous question was moved by the State of Massachusetts, seconded by the State of North Carolina: And on the question to agree to the previous question, the yeas and nays being required by Mr. [Melancton] Smith,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay King, ay ay Sedgwick, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, no no Smith, no New Jersey, Mr. Cadwellader, ay Symmes, ay ay Hornblower, ay Pennsylvania, Mr. Pettit, no div Bayard, ay Maryland, Mr. Henry, ay Harrison ay ay Ramsay, ay Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Parker, ay Georgia, Mr. Houstoun, no div Few, ay 0069 517

So it was resolved in the affirmative, and the main question was set aside. 1

1 See post , September 25.

Congress proceeded to the election of a Superintendent of Indian Affairs for the Northern district, and, the ballots being taking, Mr. Richard Butler was elected, having been previously nominated by Mr. [Charles] Pinckney.

[Motion of Mr. Pinckney]

Whereas the U. S. in Congress assembled on the 18 th April, 1783, recommended to the several states as indispensably necessary to the restoration of public credit and to the honourable and punctual discharge of the public debts to invest the U. S. in Congress assembled with a power to levy for the use of the U.S. certain duties upon goods imported into the said states from any foreign port island or plantation; and farther recommended to the said states to establish for a term limited to twenty-five years and to appropriate to the discharge of the principil and interest of the debts contracted on the faith of the U.S. for supporting the war substantial and effectual revenues of such nature for supplying their respective proportions of 1,500,000 d s . annually, exclusive of the above duties, which proportion shall be fixed and equalised from time to time, according to the rule which is or may be prescribed by the articles of confederation; and in case the revenues established by a state shall at any time yield a sum exceeding its actual proportion, the excess shall be refunded to it; and in case the revenues of any state shall be found to be deficient, the immediate deficiency shall be made up by such state as soon as possible and a future deficiency guarded against by an enlargement of the revenues established: provided that until the rule of the confederation can be carried into practice, the proportions of the said 1,500,000 dollars be as follows:

N. H 52, 708

M 224, 427

R. I 32, 318

Co 132, 091

N. Y 128, 243

Penn 205, 189

D e . 22, 445

M 141, 517

V 256, 487

N. C 109, 006

S. C 96, 183

G 16, 050

0070 518

The said last mentioned revenue to be collected by persons appointed under the authority of the several states and amenable to and removeable only by the U.S. in Congress assembled, but to be carried to the seperate credit of the several states in which they shall be collected.

And Whereas only the states of Massachusetts, Pennsylvania, Delaware, Maryland, and North Carolina have complied with that part of the system which proposes the establishment of funds supplementary to and in aid of the general impost, and it being indispensably necessary to the restoration of public credit and the honourable and punctual discharge of the debts of the U.S. that this recommendation should be complied with as soon as may be by all the members of the confederacy

Resolved , That it be again earnestly recommended to the legislatures of the states of New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Virginia, South Carolina, and Georgia, which have not yet passed acts in compliance with the same completely to adopt it at their session next succeeding the date of these resolutions. 1

1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 26, folio 613. According to indorsement it was made August 14 and referred to Mr. [William Samuel] Johnson, Mr. [Charles] Pinckney and Mr. [Charles] Pettit. According to Committee Book No. 190 , a report was rendered August 16.

August 14: The following committee was appointed: Mr. [James] McHenry, Mr. [Rufus] King and Mr. [Lambert] Cadwallader, on the “Report of the board of trea s y. relative to issuing Indents to State of Pennsylvania.” Report was rendered August 16.

TUESDAY, AUGUST 15, 1786.

Congress assembled. Present as before.

The Committee consisting of Mr. [William], Grayson, Mr. [Rufus] King and Mr. [William] Few to whom was referred a motion respecting the conveyance of the mail having reported

That the postmaster general be instructed under the direction of the Board of treasury to enter into contracts with good and sufficient security for the conveyance of the different 0071 519 mails by the stage carriages from Portsmouth in Newhampshire to the town of Augusta in the State of Georgia &c.

A motion was made by Mr. [William] Houstoun seconded by Mr. [Lambert] Cadwallader to amend the report by Mr. [William] Few and Mr. [William] Houstoun

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, ay King, no ay Sedgwick, ay Rhode Island Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay Symmes, ay ay Hornblower, no Pennsylvania, Mr. Pettit, no no Bayard, Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, no Virginia Mr. Grayson, no Carrington, ay no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, ay ay Pinckney, ay Georgia, Mr. Houston, ay div. Few, no

So the question was lost.

A Motion was then made by Mr. [William] Houstoun seconded by Mr. [Melancton] Smith to strike out the word “Augusta” and on the question shall “Augustas” stand, the yeas and nays being required by Mr. [William] Few.

0072 520 New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, no King, ay no Sedgwick, no Rhode Island Mr. Manning, no Miller, no Connecticut, Mr. Johnson, no div. Sturges,\ ay New York, Mr. Haring, no no Smith, no New Jersey, Mr. Cadwallader, no Symmes, no no Hornblower, ay Pennsylvania, Mr. Pettit, ay ay Bayard, ay Maryland, Mr. Henry, no Harrison, no no Ramsay, ay Virginia, Mr. Grayson, ay Carrington, no ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Pinckney, no no Parker, no Georgia, Mr. Houston, no div. Few, ay

So the question was lost and the word was struck out. 1

1 See post , August 16.

Ordered , That the Sec y . of cong. take order without Delay to employ some person or persons to make an Index to the printed Journals of Congress, that he procure the same to be printed, and that the board of treasury take order to defray the necessary expence.

Aug. 15, 1786: Referred to the Sec y . of Congress to take Order. 2

2 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 23, folio 301. The reference is in the writing of Thomson.

Also, according to indorsement, was read a letter from Robert Pemberton, Clerk in the War Office, enclosing an extract of a letter from Major North and various Indian speeches. With enclosures it is in No. 150, I, folios 491–518.

The Board of Treasury to whom was Referred the Memorial of Francis Cazeau, praying Payment of the Sum of Three hundred Dollars in Cash, in part of the sum of 22,015 76/90ths Dollars, by him Claimed of the United States, Beg leave to Report:

That this Board are not furnished with any Evidence in proof that any part of the Sum of Twenty-two thousand and fifteen Dollars 76/90ths is due from the United States to the said Francis Cazeau.

0073 521

They therefore submit to the consideration of Congress the following Resolve:

That the Memorial of Francis Cazeau be dismissed. 1

1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress , No. 138, I, folio 211. According to indorsement it was read August 15.

August 14 th ., 1786.

WEDNESDAY, AUGUST 16, 1786.

Congress assembled. Present as before.

A letter, of this day, from Mr. W. Livingston, one of the Commissioners of the board of treasury, was read, requesting leave of absence for one month from the 21st of this month. 2

2 Livingston's letter is in No. 78, XIV, folio 727.

Ordered , That leave be granted.

[ Office of Secretary of Congress ], Aug 16, 1786 .

On a petition of Doct. Pelon a Canadian stating his attachm t . to the Cause of America and his losses and sufferings on that Acco t . and praying for some compensation the Sec y . of Congress reports:

That the petition of Doct. Pelong be referred to Agreed to. the board of treas y . 3

3 This report is entered by Thomson in Reports of the Secretary of Congress , No. 180.

The Committee consisting of Mr. [William Samuel] Johnson, Mr. [Charles] Pinckney and Mr. [Charles] Pettit to whom was referred a motion of Mr. Pinckney, Report:

That in examining the several provisions which have been intended by Congress for the security and payment of the domestic debt, they find that such has been the inattention of the several states to the annual requisition of Congress and so few of them have passed acts in conformity with that part of the Revenue system of the 18 April, 1783, which proposes the establishment of funds supplementary to and in aid of the general impost, that no reasonable hope can be indulged of effectual provision being made by either of the means above mentioned.

That it appears to your committee expedient some mode should be established for the speedy extinguishment of the said domestic 0074 522 debt and which would tend to equalize its burden by drawing from the several members of the confederacy their full and just proportions of the same.

After the fullest investigation there appears no mode so reasonable or so probable of success as that of apportioning upon the several states their quota's of the domestic debt as far as the same is at present liquidated and requiring them to pay the same into the federal treasury at a stated period.

Whereupon the Committee submit to Congress the following resolutions:

Resolved , That the Board of Treasury be and they are hereby directed to report a requisition on the several states for their respective quotas of the domestic debt as far as the same is at present liquidated and ascertained.

That the said states be required to pay their respective quotas of the said debt into the federal treasury on or before the day of in continental loan office certificates and other certificates of debts due from the United States liquidated and ascertained according to the direction of the United States in Congress assembled, the Loan office certificates bearing date after the last day of february, 1778, to be liquidated by the scale of June, 1780.

That if any state shall offer in payment Certificates, whereon interest has not been paid up to the 31 st . December, 1785, such state shall be credited on account of the facility part of the requisitions of 1785 and 1786 for the amount of such interest as may remain due on such certificates to the said 31 december 1785.

That any state which shall have paid its quota of such certificates shall at any time after the Expiration of the said Day of be permitted to pay in any farther sum in certificates of the like kind to be passed to the credit of such state and be allowed in the settlement of the general account of such state with the United States.

That the vacant territory of the U.S. to be sold in the respective states Pursuant to the Ordinance of the 20 th . May, 1785, may be paid for in the mode therein mentioned or in such certificates of debts due from the state in which the lands are as aforesaid to be sold as such state shah direct,—provided such state shall be paid into the treasury of the U.S. the quota of certificates demanded by the said requisition.

That the states shall respectively have Credit on account of the supplementary funds recommended by the system of 18 April, 1783, 0075 523 or on account of such requisition as may hereafter be made for the purpose of paying the interests of the domestic debt, for the amount of the interests which shall from time to time become due from and after the 31 st . December, 1785, on such certificates of liquidated debts as any state shall have paid in, pursuant to the said requisition. 1

1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 26, folio 603; a printed copy is on folio 607. According to indorsement it was read August 16 “2 d . Report, 1786. Order for Monday Aug t . 21, 1786.” Committee Book No. 189 states that it was transferred.

The Committee consisting of Mr. [William Samuel] Johnson, Mr. [Charles] Pinckney and Mr. Pettit to whom was referred a motion of Mr. [Charles] Pinckney, Report in part:

That in pursuance of the above reference they have carefully examined the acts passed by the several states relative to the general system of revenue recommended by Congress on the 18 April, 1783, and find that only the states of Massachusetts, Pennsylvania, Delaware, Maryland, and North Carolina have passed acts in pursuance of that part of the recommendation which proposes the establishment of funds supplementary to, and in aid of the general impost.

That it appears to your committee indispensably necessary to the restoration of public credits—the honourable and punctual discharge of the debts of the United States and the equalising the said system of revenue, that this part of the recommendation should be speedily and fully complied with by all the members of the Confederacy.

Whereupon the committee recommend submit to Congress the following resolution:

Resolved , That it be again earnestly recommended to the legislatures of the states of New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Virginia, South Carolina, and Georgia which have not yet complied with that part of the system of general revenue recommended by Congress on the 18 April, 1783, which proposes the establishment of funds supplementary to and in aid of the general impost to pass laws without further delay in full conformity with the same at their session next succeeding the date of these resolutions and not farther delay the completion of a system so essential to the assertion of the public credit and the honourable and punctual discharge of the debts of the U.S. 2

2 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 26, folio 609. According to indorsement it was the: “1 st . report” and was read August 16, 1786.

0076 524

The commee [consisting of Mr. William Henry, Mr. Rufus King and Mr. Lambert Cadwallader] to whom was the report of the board of Treasury relative to the Issue of Indents to the State of Pennsylvania, Submit the following Resolves: 1

1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 20, II, folio 181. According to indorsement it was read August 16. The submitted resolves were passed August 23, where they are spread verbatim on the Journal.

August 16: The following committee was appointed: Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [James] Monroe and Mr. [William] Grayson, on “Letter 16 Aug. 1786 Govr. of New York.” A report was rendered August 18 and considered by Congress August 22. Governor Clinton's letter is in No. 67, II, folio 539 and is in answer to Congress' recommendation regarding the resolutions of April 18, 1783.

“A report for transportation of the Mail and establishment of cross posts” was referred to the Postmaster General “To report an estimate of the annual expence of the several cross posts proposed to be established and also the probable productiveness of the said posts respectively.” Report was rendered August 21. See ante , August 15. A resolution in the writing of Charles Thomson and Roger Alden, with a few changes by Rufus King, is in No. 61, folio 537. It is dated August 16 and is practically identical with the report of the committee of August 24 which was adopted and spread on the Journal September 4.

Committee Book No. 190 .

Also, according to indorsement, a petition of August 15 from Edward Fox, Commissioner for settling Hospital Accounts, was read, praying relief from financial loss caused by his moving from Philadelphia to New York on Congress business. It is in No. 41, III, folio 334, and the indorsement states that it was referred August 17 to a committee. See post , August 18.

Also was read a letter of August 15, from Arthur Lee asking to have delivered to him, free of postage charges, a box addressed to his brother Richard Henry Lee which was put into the post office by mistake. It is in No. 78, XIV, folio 627 and is indorsed “Referred to the postmaster general to take Order. Cha s . Thomson Sec y .”

Also on this day Mr. Charles Pinckney delivered a speech in Congress in answer to Mr. Jay's speech of August 3 on the Spanish negotiation. It is in broadside form among the Continental Congress broadsides and will be found under the Notes of Debates.

THURSDAY, AUGUST 17, 1786.

Congress assembled. Present as before.

According to Order, Congress went into a committee of the whole, and after some time the president resumed the chair, and Mr. Bull reported, that the Committee of the 0077 525 whole have had under consideration the subject referred to them, but not having come to a conclusion, desire to sit again.

Ordered , That the Committee of the Whole sit again to Morrow.

Board of Treasury , August 9 th , 1786 .

Sir : Since our Report to Congress of the 5th. Inst. on the propriety of renewing Certificates of Debt issued under the Authority of the United States, and made payable to Bearer, it has occurred to us that if the principles we have stated, are approved of by Congress, it might be proper to fix a period when the operation of the first Resolve Submitted in the Report should take place, and to permit all Applications for Renewal of Securities lost or destroyed previous to the date of passing such a Resolve to stand on their respective merits.

We are induced to make this proposition from a consideration that the Resolves of Congress of 10 th May, and 18 th July, 1780, permit the renewal of Certificates lost or destroyed under certain restrictions, and though this priviledge is confined by these Resolves to Loan Office Certificates, the Spirit of it extends to all Securities made payable to Bearer. In consequence of these Resolves it is probable that many persons who have lost Certificates have taken the previous measures pointed out by the Resolves aforesaid, to entitle them to a Renewal, and it therefore would not be equitable in our Opinion, to preclude them from the Benefit of a Right acquired under positive Acts of Congress. The possessors of Certificates made payable to Bearer being thus forewarn'd that no Renewal in case of Total Loss, or Destruction, would in future be admitted, would be more cautious in preserving the same, than hitherto they have been, or would Exchange their Certificates for such as are only transferable at the Treasury.

0078 526

Your Excellency will oblige us in making this communication to Congress whenever the Report we refer to, is the object of their consideration.

We have the honor to be, etc. 1

1 This letter, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress , No. 139, folio 375. According to indorsement it was referred on August 17 to Mr. [William Samuel] Johnson, Mr. [William] Grayson and Mr. Arthur St. Clair. See post , February 12, 1787.

His Excell y .

The President of Congress.

The committee [consisting of Mr. William Samuel Johnson, Mr. John Cleves Symmes and Mr. James Manning] to whom was refered a letter from Lieut. Colonel Harmer to the Secretary of War, together with another letter from Mr. Ettwein to the Secretary of Congress both relative to the Moravian Indians, report:

That about one hundred of the said Indians having lately removed from the river Huron to Cayahoga, intend by the leave of Congress to return in the fall of the present year to their former settlements on the muskingum river.

The committee are of opinion that some attention as well in policy as charity ought to be paid to the accommodation of the said Indians, by giving them permission to return to the place of their old habitation on the Muskingum, and making some provision for their subsistence through the ensuing winter. That they also be assured of the friendship and protection of the United States.

The committee therefore submit to Congress the following resolution. 2

2 This report, in the writing of John Cleves Symmes, is in the Papers of the Continental Congress , No. 30, folio 389. According to Thomson's indorsement it was read August 17. The submitted resolution was passed with some additions, which are entered on this report, August 24. The Extract from Josiah Harmar's letter is in No. 150, I, folio 487. It was forwarded in a letter from Robert Pemberton, which is on folio 483 and according to Thomson's indorsement thereon the matter was referred to the same committee on August 7.

[ Office of Secretary of Congress, ] August 17, 1786 .

On the memorial of F. Cazeau stating that in consequence of his memorial of the 31 July his claims therein mentioned have been liquidated at the treasury office and that he has received from the Register a certificate dated the 9th of this month for 91 54/90 dollars 0079 527 bearing interest at 6 per cent from the 1 July, 1776, and praying on Account of his distressed situation that the amount of the said certificate with the Interest due thereon may be paid. The Secretary of Congress reports: Agreed to 18 Aug. That the memorial of Fra: Cazeau be referred to the board of treasury to report.

On the memorial of E. Fox stating that by his removal to New York in Obedience to the Order of Congress he has been exposed to heavy expences as well as to great loss and inconvenience and praying for a reimbursement of his actual expences and loss, the Secretary of Congress reports:

That the memorial of E. Fox be referred to a Agreed to 18 th . Comm ee .

On the letter of 15 from Mr. A. Lee stating that there is in the post Office a small box directed to R. H. Lee, Esq. on which the postage charged from Baltimore is 30. 13. 4 and requesting as the putting it into the p. Office must have been from a mistaken Opinion that R. H. Lee, Esq. was attending Congress, that the p. master be directed to deliver the s d . box free of postage, the Sec y . of C. reports:

That the letter of A. Lee be referred to the post Amended and agreed to 18 th . Master general to take Order. 1

1 These reports were entered by Thomson in Reports of the Secretary , No. 180. Cazeau's memorial, dated August 10, is in No. 42, II, folio 214.

FRIDAY, AUGUST 18, 1786.

Congress assembled. Present as before.

According to Order, Congress went into a committee of the whole. After some time the president resumed the chair, and Mr. Ball reported, that the Committee of the whole have had under Consideration the subject referred to them, but not having come to a conclusion, desire leave to sit again.

Ordered , That the Committee of the whole sit again on Monday next.

The Committee consisting of Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [James] Monroe and Mr. 0080 528 [William] Grayson to whom was referred a letter from his Excellency The Governor of New York of the 16th. Instant, Report: 1

1 This report, in the writing of Roger Alden, is in the Papers of the Continental Congress , No. 20, I, folio 321. According to indorsement it was read August 18 and made the “Order of the day for tuesday 22 d .” The report was printed for this consideration of the 22d and one of the imprints is pasted in the Journal of that date.

August 18: The following committee was appointed: Mr. [Nathaniel] Ramsay, Mr. [Josiah] Hornblower and Mr. [John Bubenheim] Bayard, on the “Meml. E. Fox compensation for expences and loss by removing to N. York.” This committee “Discharged 12 Feb y ., 1787. Mem l referred to b d . treas.”

The petition of Francis Cazeau was referred to the Board of Treasury to report.

The letter of 15th from Arthur Lee was referred to the Postmaster General to take Order.

The “Petition of capt. J.P. Short to be paid a sum of money” was referred to the Board of Treasury to report and a report rendered September 12. Schott's petition is in No. 42, VII, folio 255.

Committee Book No. 190 .

The report of the Secretary for Foreign Affairs on his report on the Consular Convention with France was this day submitted, according to indorsement and Committee Book No. 190 . It was read September 12 and referred to a committee.

MONDAY, AUGUST 21, 1786.

Congress assembled. Present as before.

The order of the day being called by the State of South Carolina to take into consideration the report. 2

2 This lined-out entry is evidence that so far as the entries of August 21 and August 22 are concerned, Thomson did not enter the proceedings of these two days at the time they occurred in the Congress Chamber, but at some later time. Cf. post , August 22.

According to Order, Congress went into a committee of the whole, and after some time the president resumed the chair, and Mr. [John] Bull reported, that the Committee of the whole have had under Consideration the subject referred to them, but not having come to a conclusion, desire leave to sit again.

0081 529

Ordered , That the committee of the whole sit again to Morrow.

General Post Office, August 21 st ., 1786 .

Sir : I have the honor to inform your Excellency that the Report of the Honorable Committee of the 16 th and 17 th Ins t . “for Transportation of the Mail and Establishment of cross Posts,” which was referred to the Postmaster General has been under Consideration, and I now beg leave to report:

That limiting the number of Contracts to four , will, probably, not fully answer the end proposed; because the Stages in each District fixed upon for the Extent of a Contract, are not all owned by the same Persons; and consequently there must still be a joint Contract , though of less Extent than the present. This will be the Case between Portsmouth and New York, and between Philadelphia and Petersburg. In each of these Distances the Stages are owned by different Persons, some of whom have exclusive Privileges on particular Parts of the Road, and others have not; and the Experience of this Year has taught that by a Combination among the Proprietors of the Stages the Advantages arising from these Privileges may be transferred to Persons to whom they were not originally given, and the Public made to pay for it. There is Reason also, to suppose that a Contract from Portsmouth to New York cannot be formed, as two of the three Proprietors have declared that if ever they contract again, it shall be separately, and independently of every other Person.

That, judging of the Expence of the Cross Posts by what is now paid upon Part of those Routes, and supposing that upon the other Parts it will not be less than the stated Price of Post-riding prior to the Revolution which was two Dollars and two-thirds of a Dollar 0082 530 pr. mile pr Annum, the Cost of the Establishment now proposed will be nearly as follows, viz t .

Reputed Distance (miles) Per annum From Portsmouth to Pownalborough 104 £110 Boston to Portsmouth 120 120 Springfield to Albany 94 94 New York to Albany 165 562. 10 New York to Hartford 127 127 Baltimore to Annapolis 30 143 Philadelphia to Vienna 152 200 Alexandria to Fort Pitt 348 348 Philadelphia to Bedford 212 212 Wilmington to Fayetteville 100 100 Fayetteville to Camden 115 115 Camden to Chariestown 120 120 Camden to Augusta 80 80 Annapolis to Bowling Green (as this Route lies near the Sea Coast it will be more expensive than those more remote) 95 285 £616.10

If the present Expence upon some of these Roads should be deducted viz t .

Per ann. From Portsmouth to Portland £68 New York to Albany 562. 10 Baltimore to Annapolis 143 Philadelphia to Talbot Court House 160 Amounting to £933.10 The Increase of Expence occasioned by the proposed Establishment will be £1,683 (equal to four Thousand four hundred and eighty-eight Dollars.)

Admitting the above Calculation of Distances and Prices to be accurate, the former will, probably, be found to be nearly so; but the latter, being founded more upon Conjecture, cannot be so much depended upon. Two Dollars and two thirds pr. Mile was the Price of Post-riding upon the main Road: travelling Expences must be less, farther back in the Country; but being doubtless, greater now than before the Revolution, it is supposed that what was then paid upon the main Road may be about the Standard for the Cross Roads now.

As no Experiment has been made upon most of the proposed cross Roads, it is difficult if not impracticable to form even a tolerable 0083 531 Conjecture of their probable Productiveness; but as there is annually a considerable Loss upon those already established (except from Philadelphia to Talbot Court House) it seems reasonable to conclude that there will be a much greater upon Roads through Countries less populous, that do not possess equal commercial Advantages.

In considering this Subject an Idea occurred to me, which I beg leave to suggest: it is, that the Post Master General be authorized to contract for the Establishment of the Cross Posts now proposed (and as many others as he shall from time to tune think proper) with any suitable Persons who will undertake the Business at their own Expence, and give sufficient Security for the Performance of the Contract; and to give such Persons an exclusive Privilege of posting upon such Roads for a Term of Years. It is highly probable that, upon this Plan many more Establishments, than are now in Contemplation, may be made, without any Expence to the Union; which, at the Expiration of the Contract, will become Sources of Revenue. Should the Idea be a little extended, and a longer Term of years allowed to such Persons as would establish Stage Carriages for the Purpose of transporting the Mad upon Cross Roads, perhaps the Public would derive greater Benefit from the Plan. All which is most respectfully submitted.

I have the Honor to be etc.

Eben. Hazard . 1

1 This report is in the Papers of the Continental Congress , No. 61, folio 375. According to indorsement it was read August 21 and referred to a committee August 24. See ante , August 16.

Also, according to Committee Book No. 190 , “a certificate and acco t . of Col. Lewis” was this day referred to the Board of Treasury to report.

TUESDAY, AUGUST 22, 1786.

Congress assembled. Present, as before.

The order of the day being called for by the State of South Carolina, to take into consideration the report 2 of a committee, to whom was referred a letter of the 16, from his Excellency the governor of New York; another order of the day being also called for by the State of Massachusetts, to

2 See ante , August 21.

0084 532 go into a committee of the whole: On the question to take into consideration the report called for, which is in the words following:

The Committee, consisting of Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [James] Monroe and Mr. [William] Grayson, to whom was referred a Letter from his Excellency the Governor of New York, of the 16th instant, Report:

That they have examined an act passed by the state of New-York, on the 4th day of May last, entitled “An act for giving and granting to the United States in Congress assembled, certain imposts and duties on foreign goods imported into that state, for the special purpose of paying the principal and interest of the debt contracted in the prosecution of the late war with Great-Britain:” That by the act of Congress of the 18th April, 1783, it is recommended to the several states, as indispensably necessary to the restoration of public credit, and to the punctual and honorable discharge of the public debts, to invest the United States in Congress assembled, with a power to levy certain duties upon goods imported into the United States; provided that the collectors of the said duties should be appointed by the states within which their offices are to be respectively exercised; but when so appointed, to be amenable to and removable by the United States in Congress assembled alone. The committee conceive that the investing the United States in Congress assembled with this power, which includes that of forming the necessary regulations, or revenue laws, with suitable penalties, of declaring the money in which the said duties shall be received, of establishing the number of revenue officers, and ascertaining their duties, has been and must be considered as an essential part of the plan submitted to the several states for their adoption: The exercise of this power by thirteen separate authorities, would introduce different laws upon the same subject, ordain various penalties for the same offence, destroy the equality of the tax, and might, in a great measure, defeat the revenue. All the states, except New-York, having in pursuance of the recommendation of the 18th April, 1783, granted the imposts by acts vesting this power, with certain qualifications, exclusively in the United States in Congress assembled; the long continued embarrassments of the public finances, and the indispensable demands on the federal government, dictate 0085 533 the necessity of an immediate and unanimous adoption of this measure: Impressed with these opinions, the committee have carefully examined the act of the state of New-York, and submit the following remarks:

1st. That several of the states which have passed acts, investing the United States in Congress assembled, under certain restrictions, with power to levy the duties on goods imported into the United States, agreeably to the recommendation of the 18th of April, 1783, have inserted in their acts, express conditions that the same shall not be in force, or begin to operate, until all the states in the confederacy have passed acts vesting the United States in Congress assembled, with power to levy in the several states like duties.

2d. That the act of the state of New-York, referred to the committee does not invest the United States in Congress assembled, with power to levy in that state the duties therein mentioned, but reserves to the state of New-York, the sole power of levying and collecting the same in the manner directed in and by an act of that state, entitled “An act imposing duties on certain goods, wares and merchandise imported into the said state,” passed the 18th day of November, 1784, and consequently prevents the operation of the impost in those states which have made the exercise of this power, by the United States in Congress assembled, an indispensable and express condition of their grants.

3d. That the said act does not make the collectors of the said duties amenable to and removable by the United States in Congress assembled; but ordains, that upon conviction before the supreme court of judicature, or in the court of exchequer of the state of New-York, for any default or neglect in the execution of the duties required of them by the said act, or by an act of that state, entitled “An act imposing duties on certain goods, wares and merchandise imported into the said state,” they shall be removed from office, and others appointed instead of the persons so convicted; which is a material departure from the plan recommended by Congress.

4th. That by an act of the state of New-York, entitled “An act for emitting the sum of 200,000 l . in bills of credit, for the purposes therein mentioned,” passed the 18th April, 1786, it is among other things enacted, “That gold and silver, and the bills of credit emitted by virtue of the said act, shall be received by the collector for duties arising on goods, wares and merchandise imported into the said state after the passing the said act;” in consequence whereof, admitting 0086 534 that the system of a general impost could be put in operation, it would remain optional with the importer to pay the duties on goods imported into the state of New-York, in specie or bills of credit, emitted by virtue of the aforesaid act.

5th. If bills of credit of the state of New-York should be received from the importer in that state, upon the principles of equal justice, bills of credit emitted by any other state, must be received from the importer of goods in such state, and thereby instead of the system yielding a sum in actual money, nothing but paper would be brought into the federal treasury, which would be wholly inapplicable to the payment of any part of the interest or principal of the foreign debt of the United States. Whereupon the committee submit the following resolutions:

1st. Resolved , That the act of the state of New-York, entitled “An act for giving and granting to the United States in Congress assembled, certain imposts and duties on foreign goods imported into that state, for the special purpose of paying the principal and interest of the debts contracted in the prosecution of the late war with Great-Britain,” so essentially varies from the system of impost recommended by the United States in Congress assembled, on the 18th day of April, 1783, that the said act is not, and cannot be considered as a compliance with the same.

2d. Resolved , That the present critical and embarrassed situation of the finances of the United States is such, as to require, that the system of impost should be carried into immediate effect. That New-York being the only state which has not yet adopted the same, the United States in Congress assembled, deem this an occasion sufficiently important and extraordinary, to request, that the legislature of the said state be convened, for the purpose of taking the said system into their immediate and serious consideration, and granting the same, in the manner recommended by the resolution of the 18th April, 1783.

3d. Resolved , That it be earnestly recommended to the executive of the state of New-York, immediately to convene the legislature of the said state, to take into their consideration, the recommendation of the 18th April, 1783, for the purpose of granting the system of impost in such conformity with the acts and grants of the other states, as on their part to enable the United States in Congress assembled, to carry the same into effect: 1

1 This report, in printed form, has been pasted into the Journals by Thomson.

0087 535

The yeas and nays being required by Mr. [James] Monroe,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no King, no no Sedgwick, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrance, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no Symmes, ay no Hornblower, no Pennsylvania, Mr. Bayard, no no St. Clair, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it passed in the negative.

Congress then went into a committee of the whole, and after some time the President resumed the chair, and Mr. [John] Bull reported, that the committee of the whole have had under consideration the subject referred to them, but not having come to a conclusion, desire leave to sit again.

Ordered , That the committee of the whole sit again to Morrow.

The Board of Treasury to whom was referred the Petition of James Burnside, Doyle Sweeney, and Robert Underwood, late Clerks to the Commissioners for Settling Accounts of the Hospital and clothing Departments, beg leave to Report:

That the Resolves of Congress of March 24 th ., 1786 (establishing a new System for Settling the Accounts of the five great Departments), having fixed a period of three Weeks for the termination of the 0088 536 Business under the former Commission, the principal part of the Books and Papers belonging to the respective Offices might, in the opinion of the Board, have been got ready for delivery, previous to the 15 th . April, last, and that at all events, the Service of more than one person was not necessary to complete this object after that period.

That on this account the Board conceived themselves authorised to make an extra Allowance to the Principals of the Department of a Months Salary, presuming, that from this allowance compensation would be made by the Commissioners to their respective Clerks, who it is to be supposed were principally employed in the Business of preparing for delivery the Books and Papers of their several Offices.

That as such compensation has not been made by the several Commissioners, and as the principal Business for which it is claimed, has been done by their Clerks (whose Salaries are not more than is necessary for their actual Subsistence). The Board submit to the consideration of Congress the following Resolve:

That there be allowed to each of the Commissions for Settling the Accounts of the five great Departments, the Salary of One Clerk from the 15 th . April, last, to the time when the Books and Papers of the respective Departments were delivered over to the present Commissioners.

All which is humbly submitted. 1

1 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress , No. 138, I, folio 143. According to indorsement it was read August 22 and on October 11, referred to a committee.

August 21 st ., 1786.

The Board of Treasury to whom was Referred the Claim of Joseph Abbot, beg leave to Report:

That it appears by the Copy of the Record of a Supreme Court of Judicature, holden at Amherst in the State of New Hampshire on the second Tuesday in May, 1785. That a certain William Morlin of Salem in the County of Rockingham in the said State, was Indicted and found Guilty of Counterfeiting a final Settlement Certificate of John Pierce Commissioner of Army Accounts, and of offering to pass the same to Joseph Abbott.

That the said Abbott in consequence of this Conviction Claims the Reward offered by the Proclamation of the United States in Congress of the 2 d . February, 1785, to the Person or Persons who should be found Guilty of the species of Forgery specified in the said Proclamation.

0089 537

In examining into the merits of this Claim the Board find from the Papers accompanying the same, that the Person Guilty of the Forgery was committed for the same on the 24 th November, 1784, and that Joseph Abbott, the Claimant was bound over to prosecute for the said Offence; of course the benefit of the Proclamation cannot without a restrospective construction, be extended to the Claimant.

They therefore Submit to the consideration of Congress the following Resolve:

That Joseph Abbott is not entitled to the Reward offered by the Proclamation of Congress of the 2 d . February, 1785; the discovery of the Forgery, for which the said Reward is Claimed, having been made previous to the date of the above Proclamation.

All which is humbly submitted. 1

1 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress , No. 138, I, folio 1. According to indorsement it was read August 22.

August 21 st , 1786.

Office For Foreign Affairs , August 17, 1786 .

2 The Secretary of the United States for the Department of Foreign Affairs, in obedience to the Order of Congress directing him to state to them without delay the territorial Claims of Spain on the East side of the Mississippi, and the sentiments of France touching our right to navigate that river, Reports,

2 At this point Benjamin Bankson begins the entry.

That the time allotted for this report must necessarily render it concise and summary.

It is well known that Spain claims the two Floridas, and contends that West Florida extends higher up the river Mississippi than is admitted by our Treaty with Britain, but how much higher exactly your Secretary is uninformed, and has reason to think that Spain has not yet made up her own mind on that point.

Spain also claims certain posts and places on the Mississippi, of which she divested the English during the war, but how far they mean to stretch their Claims 0090 538 over the adjacent Country, the Negotiations between Mr. Gardoqui and your Secretary have not as yet extended so minutely to that point as to enable him to determine.

On the 26 day of April, 1782, your Secretary, who was then at Madrid, wrote a Letter to the Secretary for foreign Affairs, of which the following is an Extract:

“The Madrid Gazette of the 12th March contained a paragraph of which you ought not to be ignorant; I shall therefore copy it verbatim, and add a translation as literal as I can make it.

Translation.

“‘By a Letter from the Commandant General of the Army of operations at the Havana and Governour of Louisiana, his Majesty has advices, that a detachment of 65 Militia men, and 60 Indians of the nations Otaguos, Sotu and Putuatami, under the command of Don Eugenio Purre, a Captain of Militia, accompanied by Don Carlos Tayon, a Sub-lieutenant of Militia, by Don Luis Chavalier, a man well versed in the language of the Indians, and by their great Chiefs Eleturno and Naquigen, which marched the 2d January, 1781, from the town of St. Luis of the Illinois, had possessed themselves of the post of St. Joseph, which the English occupied at 220 Leagues distance from that of the above-mentioned St. Luis; having suffered in so extensive a march, and so rigorous a season, the greatest inconveniences from Cold and hunger, exposed to continued risks from the Country being possessed by Savage Nations, and having to pass over parts covered with snow, and each one being obliged to carry provision for his own subsistence, and various merchandises which were necessary to content, in case of need, the barbarous nations 0091 539 through whom they were obliged to cross. The Commander, by seasonable negotiations and precautions, prevented a considerable body of Indians, who were at the devotion of the English, from opposing this expedition; for it would otherwise have been difficult to have accomplished the taking of the said post. They made prisoners of the few English they found in it, the others having perhaps retired in consequence of some prior notice. Don Eugenio Purre took possession, in the name of the King, of that place and its dependencies, and of the river of the Illinois; in consequence whereof the Standard of his Majesty was there displayed during the whole time. He took the English one, and delivered it on his arrival at St. Luis to don Francisco Cruyat the Commandant of that post.

“The destruction of the magazine of provisions and goods which the English had there (the greater part of which was divided among our Indians and those who lived at St. Joseph, as had been offered them in case they did not oppose our troops) was not the only advantage resulting from the success of this expedition, for thereby it became impossible for the English to execute their plan of attacking the fort of St. Luis of the Illinois, and it also served to intimidate these savage Nations, and oblige them to promise to remain neuter, which they do at present.’”

“When you consider the ostensible object of this expedition, the distance of it, the formalties with which the place, the Country and the river were taken possession of in the name of his Catholic Majesty, I am persuaded it will not be necessary for me to swell this Letter with remarks that would occur to a reader of far less penetration than yourself.”

0092 540

This is the only circumstance or transaction which your Secretary recollects to have heard while in Spain, which induced him to suppose that his Catholic Majesty wished to acquire any Lands East of the Mississippi, except the Floridas. Neither Count de Florida Blanca, nor Mr. Gardoqui, who was then employed, nor Mr. Del Campo, ever hinted to your Secretary that a Cession of any territory was expected or desired of the United States; all that was then insisted upon was our quitting all claim to the Navigation of the Mississippi below our Territories.

When your Secretary came to Paris, in the year 1782, Count Aranda, the Spanish Ambassador there, appeared to have far other ideas on the subject Your Secretary's conferences with him being detailed in his Letter of the 17th November, 1782, it does not appear necessary to repeat them here, nor to extract more from that Letter than merely to observe, that the Count did mark a line on a map as, and for, a proper line of boundary between Spain and the United States in that Western Country. That same Map is now in the possession of the Secretary of Congress.

Altho' your Secretary has not yet obtained from Mr. Gardoqui an exact and explicit specification of the Spanish Claims, yet he has good reason to believe that they fall very far short of those suggested by Count Aranda.

Your Secretary thinks he should not omit inserting in this report the following Extracts from a correspondence on these Subjects between the Marquis de la Fayette and Count de Florida Blanca, vizt t .

[From the Marquis de la Fayette to the Count de Florida Blanca, dated Madrid, 19 February, 1783.]

Sir : Having had the honor to confer with your Excellency on the objects relative to the United States, and 0093 541 being soon to repair to the American Congress, I wish to be fully impressed with the result of our Conversations. Instead of the indifference, and even of the divisions which another Nation would be glad to foresee, I am happy to have it in my power to inform the United States of your good dispositions. It is to you, Sir, I am indebted for this advantage; and in order to make it compleat, and to make myself certain that I forget nothing, give me leave to submit to your Excellency the report which I intend to lay before Congress.

His Catholic Majesty desires that a lasting Confidence and harmony may subsist between him and the United States; and he is determined on his part to do every thing that will be necessary to keep it up. The American Chargé des Affaires is at this moment received as such, and your Excellency is going to treat of the interests of the two Nations. As you wish to shew Mr. Jay every kind of regard, you wait only till the Count de Aranda shall have notified your dispositions to him, to present Mr. Carmichael to his Majesty.

With respect to the limits, his Catholic Majesty has adopted those that are determined by the preliminaries of the 30th of November, between the United States and the Court of London. The fear of raising an object of dissention, is the only objection the King has to the free Navigation of the River Mississippi. The Virginia Tobacco, the Naval Stores, may furnish matter for reciprocal Conventions in the Treaty, and by means of the productions of America, arrangements might be made useful to her finances. When I had the honor to speak to you in favour of a diminution of the duties on Codfish, you have answered that it would be necessary to give to France a similar advantage; and that by virtue of former treaties, the English might set up pretensions to the 0094 542 same. But you will do in every respect all that will be in your power to satisfy America.

I would with very great pleasure enter into every detail in which I foresee a connection between Spain and the United States, but I am not to be concerned in this happy work. The Ministers of the United States, and one whom you are going to send thither, are to make it their business; and I content myself with reminding you of the general ideas you have given me. A word from you will satisfy me that I have not forgot any thing. The dispositions of his Catholic Majesty, and the candour of your Excellency, will leave no pretence for misrepresentations. The Alliance of the house of Bourbon with the United States is founded on reciprocal interest; it will still acquire greater strength from the confidence which your Excellency wishes to establish.

Such, Sir, are the conclusions which I have drawn from our conferences, and the account which I intend to give to Congress, without having any mission for that purpose. I am acquainted with the sentiments of Congress; and I am convinced they will set a just value upon your dispositions. In permitting me to acquaint them with what I have seen, you lay a claim to my personal gratitude; I join the assurance of it to that of the respect with which I have the honor to be, &c.

[From the Count de Florida Blanca to the Marquis de la Fayette, dated 22d February, 1783.]

Sir , I cannot comply better with your desire than by asking your leave to give you here my answer. You have perfectly well understood whatever I have had the honor to communicate to you with respect to our dispositions towards the United States. I shall only add, that although it is his Majesty's intentions to 0095 543 abide for the present by the limits established by the treaty of the 30th of November, 1782, between the English and the Americans, the King intends to inform himself particularly whether it can be in any ways inconvenient or prejudicial to settle that affair amicably with the United States.

I have the honor to be, &c.

On receiving the answer of the Count de Florida Blanca, I desired an explanation respecting the addition that relates to the limits. I was answered, that it was a fixed principle to abide by the limits established by the treaty between the English and Americans; that his remark related only to mere unimportant details, which he wished to receive from the Spanish Commandants, which would be amicably regulated, and would by no means oppose the general principle. I asked him before the Ambassador of France, whether he would give me his word of honor for it; he answered me he would , and that I might engage it to the United States.

(Signed) La Fayette .

Madrid, 22d February, 1783.

Your Secretary showed these Extracts to Mr. Gardoqui. He wrote to his Minister about them; and has since told your Secretary that the Marquis misunderstood the Count. From these and similar facts and circumstances, your Secretary is led to believe, that, all other matters being first settled, Spain may be prevailed upon to confine these improper claims within a small compass; for as she has not yet delineated them by metes and bounds, she may diminish them without hurting her pride.

0096 544

As to the Sentiments of France, touching our right to navigate the Mississippi, your Secretary began at an early period to believe, and still thinks, that the Court of France will not admit it.

He well recollects that Mr. Gerard, while at Philadelphia, treated it as being ill founded, and promoted measures for a dereliction of it.

He finds among the Communications made by the Chevalier de la Luzerne, one reported by a Committee of Congress, in January, 1780, 1 which in his opinion merits consideration, viz t .

1 See ante , January 31, 1780.

“The Committee appointed to receive the communications from the Minister plenipotentiary of France, report, that, on their second Conference with him, he communicated to them—

“‘That His Most Christian Majesty being uninformed of the appointment of a Minister plenipotentiary to treat of an Alliance between the United States and his Catholic Majesty, signified to his Minister plenipotentiary to these United States, that he wishes most ardently for such an Alliance; and in order to make the way thereto more easy, commanded him to communicate to Congress certain Articles which his Catholic Majesty deems of great importance to the interests of his Crown, and on which it is highly necessary that these United States explain themselves with precision, and with such moderation as may consist with their essential rights.

“‘That the Articles are,

“‘1. A precise and invariable Western Boundary to the United States.

“‘2. The exclusive Navigation of the river Mississippi.

0097 545

“‘3. The possession of the Floridas.

“‘4. The lands on the left or eastern side of the river Mississippi.

“‘That on the first Article, it is the idea of the Cabinet of Madrid, that the United States extend to the westward no farther than settlements were permitted by the royal Proclamation bearing date the day of 1763. 1

1 October 7, 1763. See ante , October 17, 1780.

“‘On the second, that the United States do not consider themselves as having any right to navigate the river Mississippi, no territory belonging to them being situated thereon.

“‘On the third, that it is probable the King of Spain will conquer the Floridas during the course of the present war; and in such event every cause of dispute relative thereto between Spain and these United States ought to be removed.

“‘On the fourth, that the lands lying on the east side of the Mississippi, whereon the settlements were prohibited by the aforesaid Proclamation, are possessions of the Crown of Great Britain, and proper objects against which the Arms of Spain may be employed for the purpose of making a permanent conquest for the Spanish Crown. That such Conquest may probably be made during the present war. That therefore it would be advisable to restrain the Southern States from making any settlements or Conquests in those territories.

“‘That the Council of Madrid consider the United States as having no Claims to those territories, either as not having had possession of them before the present war, or not having any foundation for a claim in the right of the Sovereign of Great Britain, whose dominion they have abjured.

0098 546

“‘That his Most Christian Majesty, united to the Catholic King by blood and by the strictest Alliances, and united with these States in treaties of Alliance, and feeling towards them dispositions of the most perfect friendship, is exceedingly desirous of conciliating between his Catholic Majesty and these United States the most happy and lasting friendship. That the United States may repose the utmost confidence in his good will to their interests, and in the justice and liberality of his Catholic Majesty; and that he cannot deem the revolution which has set up the Independence of these United States as past all danger of unfavorable events, until his Catholic Majesty and the said States shall be established on those terms of Confidence and Amity, which are the objects of his Most Christian Majesty's very earnest wishes.’”

That in 1782, at Paris, your Secretary received and transmitted to Congress a Memoir of Monsieur de Rayneval, the first Secretary of Count de Vergennes, on the subject of our Western Claims. That Paper was not official. The following is a translation of it:

“IDEA

“On the manner of determining and fixing the limits between Spain and the United States on the Ohio and the Mississippi.

“The question between Spain and the United States of North America is, how to regulate the respective limits towards the Ohio and the Mississippi. The Americans pretend that their dominion extends as far as the Mississippi; and Spain maintains the contrary.

“It is evident that the Americans can only borrow from England the right they pretend to have to extend as far as the Mississippi: therefore, to determine this 0099 547 right, it is proper to examine what the Court of London has thought and done on this head.

“It is known that before the treaty of Paris, France possessed Louisiana and Canada; and that she considered the savage people situated to the east of the Mississippi either as independent, or as under her protection.

“This pretension caused no dispute. England never thought of making any, except as to the lands situated towards the South of the Ohio, in that part where she had given the name of Allegany to that river.

“A discussion about limits at that time took place between the Court of Versailles and London; but it would be superfluous to follow the particulars. It will suffice to observe, that England proposed, in 1755, the following boundary: It set out from the point where the River des Bœufs falls into the Ohio, at the place called Venango; it went up this river towards Lake Erie as far as 20 leagues; and setting off again from the same place, Venango, a right line was drawn as far as the last mountains of Virginia, which descend towards the Ocean. As to the Savage tribes situated between the aforesaid line and the Mississippi, the English Minister considers them as independent; from whence it follows, that according to the very propositions of the Court of London, almost the whole course of the Ohio belonged to France; and that the Countries situated to the Westward of the mountains were considered as having nothing in common with the Colonies.

“When peace was negotiated, in 1761, France offered to make a Cession of Canada to England. The regulation of the limits of this Colony and Louisiana was in question. France pretended that almost the whole course of the Ohio made a part of Louisiana; and the 0100 548 Court of London, to prove that this river belonged to Canada, produced several authentic papers, among others the Chart which Mr. Vaudreuil delivered to the English Commandant when he abandoned Canada. The Minister of London maintained, at the same time, that a part of the Savages situated to the eastward of the Mississippi were independent; another part under its protection; and that she had purchased a part from the 5 Iroquois Nations. The misfortunes of France cut these discussions short. The treaty of Paris assigned the Mississippi for the boundary between the possessions of France and Great Britain.

“Let us see the dispositions which the Court of London has made in consequence of the treaty of Paris.

“If she had considered the vast territories situated to the eastward of the Mississippi as forming part of her ancient Colonies, she would have declared so, and have made dispositions accordingly. So far from any such thing, the King of England, in a Proclamation of the month of October, 1763, declares in a precise and positive manner, that the lands in question are situated between the Mississippi and the ancient english establishments . It is therefore clearly evident that the Court of London itself, when it was as yet Sovereign of the thirteen colonies, did not consider the aforementioned lands as forming part of these same Colonies; and it results from this in the most demonstrative manner, that they have not at this time any right over these lands. To maintain the contrary, every principle of the laws of Nature and Nations must be subverted.

“The principles now established are as applicable to Spain as to the United States. This power cannot extend its claim beyond the bounds of its conquests; she cannot therefore pass beyond the Natches, situated 0101 549 towards the 31 degree of latitude: her rights are therefore confined to this degree; what is beyond is either independent, or belonging to England; neither Spain nor the Americans can have any pretensions thereto. The future treaty of peace can alone regulate the respective rights.

“The consequence of all that has been said is, that neither Spain nor the United States have the least right of Sovereignty over the Savages in question; and that the transactions they may carry on as to this Country would be to no purpose.

“But the future may bring forth new circumstances; and this reflection leads me to suppose that it would be of use that the Court of Madrid and the United States should make an eventual arrangement.

“This arrangement may be made in the following manner: A right line should be drawn from the eastern angle of the gulf of Mexico, which makes the section between the two Floridas, to fort Toulouze, situated in the Country of the Alibamons; from thence the River Loueshatchi should be ascended, from the mouth of which a right line should be drawn to the fort or factory Quenassie; from this last place the course of the river Euphasee is to be followed till it joins the Cherokee; the course of this last river is to be pursued to the place where it receives the Pelisippi; this last to be followed to its source; from whence a right line is to be drawn to Cumberland river, whose course is to be followed until it falls into the Ohio. The Savages to the west of the line described should be free, under the protection of Spain; those to the eastward should be free, and under the protection of the United States; or rather the Americans may make such arrangements with them as is most convenient to themselves. The trade should be free to both parties.

0102 550

“By looking over the Chart we will find that Spain would lose almost the whole course of the Ohio; and that the establishments which the Americans may have on this river would remain untouched; and that even a very extensive space remains to form new ones.

“As to the course of Navigation of the Mississippi, they follow with the property, and they will belong therefore to the Nation to which the two banks belong. If then by the future treaty of peace Spain preserves West Florida, she alone will be proprietor of the course of the Mississippi, from the 31 degree of latitude until [to] the mouth of this river. Whatever may be the case with that part which is beyond this point to the North, the United States of America can have no pretentions to it, not being Masters of either border of this river.

“As to what respects the lands situated to the Northward of the Ohio, there is reason to presume that Spain can form no pretentions thereto. Their fate must be regulated by the Court of London.”

Your Secretary also thinks, that the sentiments of the Court of France on the subject in question may be gathered from a Conference between him and their Ambassador's Secretary, who called upon him by the Ambassador's direction, at Madrid, on the 11th day of September, 1780; the particulars of which are contained in his Letter of 6th November. The following is an Extract from it.

“On the 11th September, the French Ambassador's Secretary called upon me by the Ambassador's direction, to inform me that an Express was going to Paris, and to know whether any thing further had been done in our affairs since he had seen me. I told him things continued in the same situation. He again commenced a Conversation on the subject; and as he came directly from the Ambassador, I entered into it. He expressed 0103 551 some concern for the delays I met with. I told him such things must be expected. He said he hoped I was content with France. I replied that I apprehended France considered an interference in our Negociation as a delicate matter, for that as she had probably held up the exclusive Navigation of the Mississippi and Gulf of Mexico, among other objects, to induce Spain to take part in the war, she might hesitate about pressing Spain into a treaty with us on terms that would not comprehend this object. He said, Mr. Gerard had reasoned well about those matters, but that he did not believe France would be backward, nor indeed that she had promised this to Spain, to bring her into the war. I told him I should not be surprised to find that the delay arose from a desire of hearing further news from America, and probably from Philadelphia . He said that could not be the case, for since Mr. Miralle's death, Spain had no person there to give them intelligence. I told him that Spain might be waiting the issue of new Motions respecting the Mississippi, in Congress; and that I was sure Count de la Luzerne would readily be at the trouble of communicating to them any interesting information on that , or any other Subject. Whether he drew any conclusions from the manner in which this was said, I can't say, but, in a way that looked like exculpating that Minister, he told me that Count de la Luzerne had only mentioned to the French Ambassador, that two Members of Congress with whom he had talked over the affair of the Mississippi, thought it would be best not to bring on the question of the Navigation until Spain should become possessed of the adjacent Country, for that then it might be ceded with a better grace. He mentioned no names.”

0104 552

These facts and papers, in the opinion of your Secretary, afford much evidence of the sentiments entertained by the Court of France respecting our right to navigate the Mississippi prior to, and at the time of the peace.

Whether they have adopted new opinions in that point, your Secretary cannot decide. He has however no reason to believe that has been the case, for he can perceive no reason why such an alteration in their sentiments should have taken place. On the contrary, it seems from Mr. Jefferson's letter of the 23d May last, that the Minister is not ready to admit all our Claims as ascertained by the treaty of peace to be within their Guarantee. He intimated that all our limits were not fixed; and your Secretary thinks that the Minister could have meant to allude only to our western limits and Claims. Britain disputes no boundaries with us, unless perhaps part of our Eastern; and those disputes had not yet been brought before the french Court; but Spain still adheres to pretentions of which France had been long and well informed, and therefore your Secretary supposes the Minister then had those in view.

Your Secretary sincerely wishes that the event may not confirm his opinion, and that the Court of France may clearly admit all our Claims, and particularly that to navigate the Mississippi, to be well founded, and to be within the terms, intent and meaning of the Guarantee. 1

1 This proceeding, in the writing of Benjamin Bankson, is entered only in Secret Journal, Foreign , No. 5. Through an evident pen slip it is dated as of August 10. Jay's original report is in No. 81, II, folio 217 and is indorsed: “Report of Secretary for foreign Affairs in pursuance of the order of Congress of 10 th . Aug. 1786. Read 22 d . Aug t . 1786.”

0105 553

Office of Secretary of Congress , August 22, 1786 .

On the memorial of James Easton stating his services and that in 1779 when he was discharged he received this pay and disbursements, in Continental paper currency which was then depreciated more than 14 for one, that he is reduced to extreme distress and praying Congress to take his case into consideration and give such order thereon as to their wisdom seems meet,

The Secretary of Congress reports: That on the 30 July, 1776, on a petition of Col. J. Easton and major Brown praying that the charges against them of having been concerned in plundering the officers baggage taken at Sorrel might be submitted to a court of Enquiry, Congress was pleased to order such a court. That two days after viz., August 1, 1776, Congress resolved that James Easton was entitled to the rank of a col. in the cont. Army from July 1, 1775, and to the pay of a col. from that day until he should be discharged, which ought to be done as soon as a court of Enquiry should report in his favour or a court martial sho'd determine upon his conduct and their sentence was carried into execution. That on 16 July, 1779, it appearing to Congress that no such enquiry or court martial had been held, that though it was the duty of col. Easton to have procured such a court to sit or if that had been found impracticable to have informed Congress thereof, it not appearing that he had done or attempted to do either but contendly drew his pay to that time Congress thereupon resolved That Col. James Easton be dismissed from the service of the United States.

On this state of facts the Secretary of Congress Agreed to Aug. 22. reports: That James Easton have leave to withdraw his memorial. 1

1 This proceeding was entered by Charles Thomson in Reports of the Secretary of Congress , No. 180. Easton's petition, with its accompanying papers, was withdrawn June 17, 1788; a copy of it was made by Roger Alden and is in No. 41, III, folio 131.

Also, according to indorsement, was read a letter from the Secretary for Foreign Affairs, forwarding a letter from A. Fowler, giving a list of American vessels arrived at Madeira. Jay's letter is in No. 80, III, folio 49. Fowler's is in No. 78, IX, folio 555.

WEDNESDAY, AUGUST 23, 1786.

Congress assembled. Present, as before.

Congress went into a committee of the whole, and after some time the president resumed the chair, and Mr. [John] Bull reported, that the committee of the whole have taken into consideration the subjects referred to them, and have come to a resolution thereon, which he was ordered to report.

The report of the committee of the whole being read: 1

1 The report of the Committee of the Whole is spread on the Journals of August 28.

Ordered , That it be taken into consideration on Monday next.

On the report of a committee, consisting of Mr. [William] Henry, Mr. [Rufus] King and Mr. [Lambert] Cadwallader, to whom was referred a report of the board of treasury, relative to the issue of Indents to the State of Pennsylvania,

Resolved , That the acts of Congress of the 27 and 28 of April, 1784, do not authorise any State to pay certificates or discounts of interest, on the domestic debt, to an amount exceeding one quarter part of the sums or balances then due from the several States to complete a moiety of the requisition of the 30 of October, 1781, for eight Millions of dollars.

Resolved , That the board of treasury be, and hereby are authorised and directed to give orders for the continuation of the issue of indents of Interest in the State of Pennsylvania, agreeably to the requisition of the 27 September last; provided that such emission of Indents be not considered as warranting that construction of the requisition of the 27 and 28 of April, 1784, which the State has thought proper to make, and by which construction 86,658 dollars in specie, due to the United States upon that requisition, has not been provided for in the legislative Act of the said State of the 8 of March last.

0107 555

According to order, Congress took into consideration the report of the committee, on the letter of the 16, from his Excellency the governor of New York, and the first resolution, reported by the committee, being amended and passed, and the second amended so as to read, “the United States in Congress assembled, did on the 11th day of the present month, and still do deem, &c.” a Motion was made by the delegates of New York, to postpone the second and third resolutions, in Order to take up the following:

Whereas the governor of the State of New York, in answer to the recommendation of Congress of the 11th instant, hath signified to Congress, that he cannot, in his opinion, consistent with the constitution of the said state, convene the legislature thereof for the purpose specified in the said resolve, as appears by his letter to his excellency the President, dated the 16th, in the words following: “New York, 16 August, 1786. Sir, I take the liberty of addressing this to your excellency, to acknowledge the receipt of the resolution of the United States in Congress assembled, of the 11th instant, transmitted to me yesterday by their Secretary, recommending to the executive of this State immediately to convene the legislature, to take into consideration the recommendation of the 18 of April, 1783. I beg leave to assure your Excellency, that I entertain the highest deference and respect for the Authority of Congress, and that it will always afford me great pleasure to have it in my power to comply with their recommendations: But in the present case, permit me to observe, that I have not power to convene the legislature before the time fixed by law for their stated Meeting, except on extraordinary occasions; and as the present business proposed for their consideration has already been repeatedly laid before them, and so recently as at their last session received their determination, it cannot come within that description. A copy of their act passed on the occasion, I have had the honour of laying before Congress through the delegates of this State, and your Excellency will readily perceive it is not my province to determine how far it conforms to the Recommendation in question. I cannot conclude without adding, that I feel myself unhappy to be formally called on by Congress, in an instance in which I cannot yield a compliance without breaking through one of those checks which the wisdom of our Constitution has provided against the abuse 0108 556 of Office, and which, I am persuaded, Congress will approve the sentiment, when I declare, I find myself bound, as well by inclination as by duty, to preserve. I have the honor to be, with the highest respect, your Excellency's most obedient Servant, Geo. Clinton:” Therefore Resolved , That to repeat the recommendation of Congress to the supreme executive of the State of New York, on this subject, would be inexpedient.” 1

1 This resolve, in the writing of Melancton Smith, is in the Papers of the Continental Congress , No. 36, IV, folio 61. It quotes the resolve of the 11th instant and has the following words lined out in the resolve after Clinton's letter: “would be improper as it would involve an interference of Congress on a question respecting the construction of the Constitution of that State upon which Congress have by the Confederation no right to decide, will probably lead this house into a dispute with the supreme executive of the State of New York and disgust the Legislature thereof.” Clinton's letter is in No. 67, II, folio 539.

On the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Melancton] Smith,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no no King, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrance, ay Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, no Symmes, no no Hornblower, no Pennsylvania, Mr. Bayard, no no St. Clair, no Maryland, Mr. Henry, no Harrison, no no Ramsay, no Virginia, Mr. Carrington, no no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Georgia, Mr. Houstoun, no no Mr. Few, no

So it passed in the negative.

0109 557

On the question to agree to the second resolution as amended, the yeas and nays being required by Mr. [John] Haring,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no Symmes, no no Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative.

0110 558

On the question to agree to the third resolution, the yeas and nays being required by Mr. [Melancton] Smith,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Carrington, ay * North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative, and the whole was agreed to as follows:

The committee, consisting of Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [James] Monroe and Mr. [William] Grayson, to whom was referred a letter from his excellency the governor of New York, of the 16, having reported,

That they have examined an Act passed by the state of New York, on the 4 day of May last, entitled “An Act for giving and granting to the United States in Congress assembled, certain imposts and duties on foreign goods imported into that state, for the special purpose of paying the principal and interest of the debt contracted in the prosecution of the late war with great Britain:” That by the act of Congress of the 18th of April, 1783, 1 it is recommended to the several States as indispensably necessary to the restoration of public credit,

1 At this point Charles Thomson resumes the entry.

0111 559 and to the punctual and honourable discharge of the public debts, to invest the United States in Congress assembled, with a power to levy certain duties upon goods imported into the United States; provided that the collectors of the said duties should be appointed by the states within which their offices are to be respectively exercised, but when so appointed, to be amenable to and removable by the United States in Congress assembled alone. The committee conceive that the investing the United States in Congress assembled with this power, which includes that of forming the necessary regulations, 1 or revenue laws, with suitable penalties, of declaring the money in which the said duties shall be received, of establishing the number of revenue Officers, and ascertaining their duties, has been, and must be considered as an essential part of the plan submitted to the several states for their adoption: The exercise of this power by thirteen separate Authorities would introduce different laws upon the same subject, ordain various penalties for the same offence, destroy the equality of the tax, and might, in a great measure, defeat the revenue. All the states, except New York, having in pursuance of the Recommendation of the 18 of April, 1783, granted the impost by acts vesting this power, with certain qualifications, exclusively in the United States in Congress assembled; the long continued embarassments of the public finances, and the indispensable demands of the federal government, dictate the necessity of an immediate and unanimous adoption on this measure. Impressed with these opinions, the Committee have carefully examined the act of the state of New York, and submit the following remarks: 1st. That several of the states which have passed acts investing the United States in Congress assembled, under certain restrictions, with power to levy the duties on goods imported into the United States, agreeably to the recommendation of the 18 of April, 1783, have inserted in their acts express conditions that the same shall not be in force, or begin to operate until all the states in the Confederacy have passed acts vesting the United States in Congress assembled, with power to levy in the several states, like duties. 2d. That the act of the state of New York, does not invest the United States in Congress assembled, with power to levy in that state the duties therein mentioned; but reserves to the state of New York, the sole power of levying and collecting the same in the manner directed in and by an act of that state, entitled “An act imposing duties on

1 At this point Charles Thomson resumes the entry.

0112 560 certain goods, wares and merchandize imported into the said state, passed the 18 day of November, 1784, and consequently prevents the operation of the impost in those states which have made the exercise of this power by the United States in Congress assembled, an indispensable and express condition of their grants. 3d. That the said act does not make the collectors of the said duties amenable to, and removable by the United States in Congress assembled; but ordains, that upon conviction before the supreme court of Judicature, or in the court of exchequer of the state of New York, for any default or neglect in the execution of the duties required of them by the said act, or by an Act of that state, entitled “An act imposing duties on certain goods, wares and merchandize imported into the said state,” they shall be removed from office, and others appointed instead of the persons so convicted; which is a material departure from the plan recommended by Congress. 4th. That by an Act of the state of New York, 1 entitled “An act for emitting the sum of two hundred thousand pounds, in bills of credit, for the purposes therein mentioned,” passed the 18th April, 1786, it is among other things enacted, “That gold and silver, and the bills of credit emitted by virtue of the said act, shall be received by the collector for duties arising on goods, wares and merchandise imported into the said State, after the passing of the said act,” in consequence whereof, admitting that the System of a general Impost, could be put in operation, it would remain optional with the importer to pay the duties on goods imported into the State of New York, in specie, or bills of credit, emitted by virtue of the aforesaid act. 5th. If bills of credit of the State of New York should be received from the importer in that State, upon the principles of equal Justice, bills of credit emitted by any other State, must be received from the importer of goods in such State, and thereby instead of the system yielding a sum in actual money, nothing but paper would be brought into the federal treasury, which would be wholly inapplicable to the payment of any part of the Interest or principal of the foreign debt of the United States; thereupon,

1 Roger Alden here resumes the entry.

Resolved , That the Act of the state of New York, entitled “An Act for giving and granting to the United States in Congress assembled, certain 2 imposts and duties on foreign goods imported into that state, for the special purpose of

2 Charles Thomson here resumes the entry.

0113 561 paying the principal and interest of the debts contracted in the prosecution of the late war with Great Britain,” so essentially varies from the system of impost recommended by the United States in Congress assembled, on the 18th day of April, 1783, that the said act is not, and cannot be considered as a compliance with the same, so as to enable Congress, consistently with the acts of the other states, to bring the system into operation.

Resolved , That the present critical and embarrassed situation of the finances of the United States is such, as to require, that the system of impost should be carried into immediate effect. That New York being the only State which has not yet adopted the same, the United States in Congress assembled, did on the 11 day of the present month, and still do, deem this an occasion sufficiently important and extraordinary, to request that the legislature of the said state should be convened, for the purpose of taking the said system into their immediate and serious consideration, and granting the same, in the manner recommended by the resolution of the 18 April, 1783.

Resolved , That it be again earnestly recommended to the executive of the State of New York, immediately to convene the legislature of the said state, to take into their consideration, the recommendation of the 18 April, 1783, for the purpose of granting the system of impost in such conformity with the acts and grants of the other states, as on their part to enable the United States in Congress assembled, to carry the same into effect. 1

1 See post , August 29.

August 23: The report, in part, of the committee of July 13 on “their report on temporary government for Western territory and Petition of Inhabitants of Kaskasies” was submitted. It was read this day and agreed to August 24 where it is spread verbatim on the Journal. See post, September 18. The petition from Kaskasies, dated November 10, 1784, and attested by a notary May 29, 1786, is in No. 41, V, folio 113. It was forwarded to Congress by letter from the Secretary for Foreign Affairs, August 23, 1786, which is in No. 80, III, folio 53, and was read August 23.

The petition of John Lesure for pay and rations due him, was referred to the Commissioner of Army Accounts to report and a report rendered August 28. The petition is in No. 42, IV, folio 400.

The “letter of 22 with the petitions enclosed from R. Lawrence, Thos. Mullenox, W. Hunt, John Hulett and Chas. Hulett” were referred to the Secretary for Foreign Affairs to report. He reported on Lawrence March 15, 1787. Jay's letter is in No. 81, II, folio 149; the petitions follow it. According to indorsement the letter was read and referred August 22. The petitioners complain of actions at law contrary to the treaty of peace with Great Britain. Lawrence's petition is in No. 42, IV, folio 442.

Committee Book No. 190 .

Also, according to indorsement, was read a report from the Secretary of Foreign Affairs, dated August 23, on the note from the Minister of the United Netherlands respecting the Dutch creditors of De la Lande & Fynje and advising that the Minister be informed that the federal government cannot interfere in matters of a purely State character. According to Committee Book No. 189 , this report was this day transferred. Jay's letter is in No. 81, II, folio 169, and is indorsed as “transmitted to the Office S: f: Aff rs . Nov r . 6, 1787.”

THURSDAY, AUGUST 24, 1786.

Congress assembled. Present as before.

On the report of a committee, consisting of Mr. [William Samuel] Johnson, Mr. [John Cleves] Symmes and Mr. [James] Manning, to whom was referred a letter from lieutenant-colonel Harmar to the Secretary at War, together with another letter from Mr. Etwein to the Secretary of Congress, both relative to the Moravian Indians:

Resolved , That the secretary at war give orders to lieutenant-colonel Harmar, that he signify to the Moravian Indians, lately come from the river Huron to Cayahoga, that it affords pleasure to Congress to hear of their arrival, and that they have permission to return to their former settlement on the Muskingum, where they may be assured of the friendship and protection of the United States; and that lieutenant colonel Harmar supply the said Indians, after their arrival at Muskingum, with a quantity of Indian corn, not exceeding five hundred bushels, out of the public stores on the Ohio, and deliver the same to them at fort Mcintosh, as soon after next Christmas as the same may be procured; and that he 0115 563 furnish the said Indians with twenty Indian axes, twenty corn hoes, and one hundred blankets; and that the board of treasury and Secretary at War take order to carry the above into effect.

On a report of a committee, consisting of Mr. [James] Monroe, Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [Charles] Pinckney and Mr. [Melancton] Smith, to whom was referred a petition from the inhabitants of Kaskaskies, for the organization of a government over the said district,

Ordered , That the secretary of Congress inform the Inhabitants of Kaskaskies, that Congress have under their consideration the plan of a temporary government for the said district, and that its adoption will be no longer protracted than the importance of the subject and a due regard to their Interest may require. 1

1 This report, in the writing of James Monroe, is in the Papers of the Continental Congress , No. 30, folio 491. The rest of the business was considered September 19. See post, September 18.

August 24: The following committee was appointed: Mr. [Rufus] King, Mr. [Charles] Pinckney and Mr. [John] Bull, on “The report on carriage of the mail and establishing Cross posts and the postmaster gen l . report thereon.” A report was rendered September 4.

A “Letter of 19 Aug., 1786, Geo. Read with an Act of the State of Delaware” was referred to the Board of Treasury to report.

“Two Motion for a final adjustment with O. Pollock and payment of the balance found due to him and letter of 11 May, 1786, from Sec y . for for n . Aff rs . with note of s d . date from Mr. Gardoqui touching the payment of the sum due by O. Pollock” was referred to the Board of Treasury to report and report rendered October 3.

Committee Book No. 190 .

Also, according to indorsement, was read a memorial of Colonel David Henley. See post , August 25.

Also, a letter from George Read, of April 8, was read, thanking Congress for its approbation of his conduct regarding the judges of the Court of Appeals. It is in No. 78, XIX, folio 547.

FRIDAY, AUGUST 25, 1786.

Congress assembled. Present as before.

On the report of a committee consisting of Mr. [Edward] Reconsidered Aug. 28, 1786 . Carrington, Mr. [Charles] Pinckney and Mr. [Nathan] Miller to whom was referred a memorial of Marinus Willett, report as follows:

It appears to your Com. that the condition annexed by Congress to the Act for taking into the pay of the U. S. the Regim t . of Militia commanded by the said Marinus Willet, viz “that the State of New York should fill up their quota of Troops for the Continental Army, could be for no other purpose than to guard the said U. S. from paying the said Regiment while, from deficiencies of men in the Continental line of the said State many idle officers might be also drawing pay, and, as the Arrangement of the Army under the Resolutions of the 7 th . of August, 1782, which took effect on the 1 st . of January, 1783, put out of pay all Officers not actually employed, the reasons of the said condition ceased at the latter period to exist. It is therefore the opinion of your Corn. that as the claims of the said Regiment for arrears of pay are for actual services subsequent to the 1 st . of January, 1783, and do not extend to the commutation, the same ought to be allowed, whereupon the following Resolution is proposed:

Resolved , That the commissioner of army accounts settle with the regiment of Militia late commanded by Marinus Willett for all arrears of pay and subsistence due the same while in the actual service of the United States in the year 1783. 1

1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 19, VI, folio 559. According to indorsement it was read this day and agreed to “reconsidered Aug. 28, 1786. Acted on March 21, 1787, from report of B d . of treasury.”

[ Office of the Secretary of Congress ,] August 25, 1786.

On the memorial of the Grasshopper Chief Counsellor of the Oneida Indians stating his attachment to the Cause of America his losses in Consequence thereof and the promises made to him in behalf of the U. States and praying Congress in reward of his services to do something 0117 565 for him to make his old age comfortable, the Secretary of Congress reports:

That the Memorial of the Grasshopper be referred Aug. 25 agreed. to the Secretary at War to report.

On the memorial of David Henley late col. in the Army of the United States, representing his services, that he never resigned nor was deranged and praying to be allowed Commutation in lieu of half pay as granted to other Officers of the Army, the Secretary of Congress Agreed Aug. 25. reports: That the Memorial of David Henley late a col. in the Army be referred to the Commissioner of Army Accounts to report. 1

1 These reports were entered by Thomson in Reports of the Secretary of Congress No. 180. According to Committee Book No. 190, the report on Henley's memorial was rendered August 26. It is in No. 41, IV, folio 366. According to indorsement it was acted on September 5.

That the petition of Richard Damry be referred to the Commissioner of Army Accounts to enquire into the truth of the facts stated in the said petition and if it shall be proved to his Satisfaction that the detention of the petitioner by the British after the close of the war prevented his Application for a settlement prior to the time fixed by the resolution of 2 Nov r . 1785, that the said Commiss r . settle with the petitioner in the usual manner the said resolution notwithstanding. 2

2 This motion, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 36, III, folio 297. According to indorsement it was referred August 25 to the Commissioner of Army Accounts to take Order.

August 25: The letter of the Commissioner of Army Accounts, dated August 24, “relative to depreciation due to sundry individuals of Whitcomb's Independent corps” was referred back to the Commissioner to take order.

The report of the Board of Treasury on Oliver Pollock's accounts and the letter of the Board of August 24 was referred back to the Board.

Committee Book No. 190 .

MONDAY, AUGUST 28, 1786.

Congress assembled. Present as before. 3

3 According to Committee Book No. 189 the report on the memorial of Marinus Willett was, this day, transferred. See ante , August 25.

In Congress . August 28, 1786.

Congress took into consideration the report of a committee of the whole, to whom were referred the letter of 0118 566 the 29 of May, and the speech of the Secretary for foreign Affairs; which report being as follows:

“August 23, 1786. In committee of the whole. Agreed to report to Congress the following resolutions.

“ Resolved , That so much of the resolution of Congress of the 25 day of August, 1785, being an instruction to the Secretary of the United States for the department of foreign affairs, as are contained in the following words, namely, And that the following be substituted in its place, ‘that the Secretary to the U. S. for the department of foreign affairs be and hereby is instructed, in his plan of a treaty with the encargado de Negocios of his catholic Majesty, particularly to stipulate the right of the U. S. to their territorial bounds, and the free navigation of the Mississippi from the source to the Ocean, established in their treaties with Great Britain; and that he neither conclude nor sign any treaty, compact or convention with the said encargado de Negocios until he hath previously communicated it to Congress and received their approbation,’” be, and the same is hereby repealed and made void.

“ Resolved , That the secretary of the U. S. for the department of foreign affairs be and hereby is instructed, ff in the course of his negotiation with the encargado de Negocios of his catholic Majesty, it shall be found indispensable for the conclusion of the same, that the U. S. and their citizens, for a limited time, should forbear to use so much of the river Mississippi as is south of the southern boundary of the U. S., that he be and hereby is authorized and directed, on behalf of the United States, to consent to an article or articles stipulating on their part and that of their citizens a forbearance of the use of the said river Mississippi, for a period not exceeding years, from the point where the southern 0119 567 boundary of the U. S. intersects the said river, to its mouth or the Ocean; provided that such stipulation of a forbearance of the use of the said river for a limited tune as aforesaid, shall not be construed to extinguish the right of the U. S., independent of such stipulation, to use and navigate the said river from its source to the Ocean; provided farther, that the Secretary of foreign Affairs shah not stipulate on behalf of the U. S., in favour of the exclusive navigation and use of the said river Mississippi by his Catholic Majesty and his subjects, below its intersection of the southern boundary of the U. S., unless it shall be agreed and stipulated in the same treaty, that the navigation and use of the said river from the intersection aforesaid to its head or source be and continue common to the U. S. and his Catholic Majesty and to their respective citizens and subjects. And the said secretary of foreign Affairs is hereby farther instructed, firmly to insist on the territorial boundaries of the United States southwardly and westwardly, as fixed by the definitive treaty of peace and friendship between the U. S. of America and his Britannic Majesty; and on no condition to consent to a treaty, unless the same shall contain a quit claim of all pretended rights and claims of his catholic Majesty to territory within the U. S. eastwardly of the Mississippi and northerly of the Floridas; whether the said rights or claims are pretended in virtue of conquest or otherwise. And if in the course of the negotiation a question should arise relative to the precise boundary line between the U. S. and the Floridas, the said Secretary of foreign Affairs is hereby instructed that the Floridas do not, and ought not of right to extend to the Northward of the boundary line between them and the U. S. as fixed by the definitive treaty aforesaid, and that he shall 0120 568 not in any event by treaty or otherwise consent to the extent of the Floridas northerly of a line or boundary of the U.S. adjacent to the Floridas, specified in a separate Article of the provisional Articles between the U.S. and Great Britain, at Paris, on the 30 day of November, 1782. And provided that a disagreement shall take place between the said Secretary of foreign Affairs and the Encargado de Negocios of his C. Majesty, by the latter's insisting on the boundary line as specified by the aforesaid separate article, and the former's insisting on the boundary line as fixed in the aforesaid definitive treaty, the said Secretary of foreign Affairs is hereby authorised to agree to the settlement and final decision of such disagreement by Commissaries mutually appointed for that purpose; for the appointment of whom and for all other purposes incident to the final determination of the said disagreement by Commissaries, conformable to the laws of Nations, the said Secretary of foreign Affairs is hereby invested with full powers on behalf of the U.S. of America.” 1

1 This report of the Committee of the Whole, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 81, II, folio 241. It is crossed off and marked for the later amendments. According to indorsement it was read August 23 and made the “Order of the day for Monday 28 Aug.” See ante , August 10, Motion of Delegates of Massachusetts. See post , August 29.

A Motion was made by Mr. [Rufus] King, seconded by Mr. [Melancton] Smith, to amend the report by striking out the last clause in the second resolution, beginning with the words “And the said Secretary of “foreign Affairs is hereby further instructed firmly,” &c. to the end, and in lieu thereof to insert “Provided farther, “that the said Secretary of foreign Affairs do and “hereby is directed, to insist on the territorial limits or “boundaries of the U.S. as fixed in the definitive treaty 0121 569 “of peace and friendship between the U.S. of America “and his Britannic Majesty; and he is further instructed “not to form any treaty with the said Encargado de “Negocios, unless the said limits or boundaries are “thereby acknowledged and secured.” And on the question to agree to this Amendment, the yeas and nays being required by Mr. [Rufus] King—

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrence, ay Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay div. St. Clair, no Maryland, Mr. Henry, no Harrison, no no Ramsay, ay Virginia, Mr. Grayson, no Carrington, no no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, no div Few, ay

So the question was lost.

A division of the report and a decision on the first resolution being called for by Mr. King , a motion was made by Mr. [Charles] Pinckney, seconded by Mr. [Edward] Carrington, to postpone the first resolution in order to take up the following:

That the commission and instructions issued to J. Jay, secretary for foreign Affairs, to Negotiate on the 0122 570 part of the U. S., with Don Diego de Gardoqui, Encargado de Negocios of his Catholic Majesty, be and the same are hereby revoked and repealed.

And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Timothy] Bloodworth—

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no no King, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrence, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no no Hornblower, no Pennsylvania, Mr. Bayard, no no St. Clair, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay div. Few, no

So it passed in the negative. 1

1 These proceedings are entered in Secret Journal, Foreign , No. 5, and in Secret Journal , No. 6.

The Commissioner for Settling the accounts of the late army to whom was referred the memorial of David Henley begs leave to report.

That the memorialist held a regular Commission as a Colonel of a Regiment of Foot in the service of the united States of America his Rank Commencing from the 1 st . day January, 1777.

0123 571

That no arrangement took place after the date of his Commission until the year 1779 when the army was new organized and the supernumeraries were considered as retiring on a years pay under the Resolutions of Congress of January 10 th ., 1778; February 26 th ., 1778; May 17 th . 1778; June 4 th ., 1778; August 10 st ., 1778; November 24 st . 1778; July 4 st . 1779; March 9 st ., 1779, and September 5 st ., 1779, which were Carried into effect by the late Commander in Chief, as appears by his Returns and letters to and from the war Office.

That Colonel David Henley was not Continued in the list of officers of the Massachusetts line, or any of the sixteen additional Regiments, when said arrangement was made, which discontinuance leads your Commissioner to suppose that Colonel Henley then became a supernumerary officer, and entitled to only the emoluments then granted to such a character.

Your Commissioner, however, begs leave to state for the Consideration of Congress, the grounds on which Colonel has founded his claim for Commutation which are:

That his not being annexed to any Regiment in the service ought, to enable him to be considered as an officer of the Line in General and not as belonging to any particular State, which principle being acknowledged, will prevent his being Affected by the derangement of 1779, and include him in the One of December 31, 1781, which has given the Commutation.

Your Commissioner on considering this Reasoning Cannot esteem it as conclusive, because Mr. Henley's Commission, on which he founds his claim and is the highest evidence, has annexed him to a Regiment. The public offices are therefore obliged to consider him in the same light as the other officers of the Regiment at that time, the only difference between them is that he became a supernumerary in the service at a much earlier period than the others, tho' it could not take place in the legal sense, until a General Arrangement under the express authority of Congress.

Jn o . Pierce . 1

1 This report is in the Papers of the Continental Congress , No. 62, folio 161. According to indorsement it was read August 28 and referred to a committee September 1.

Office of Army Accounts, August 28, 1786.

The Commissioner for Settling the accounts of the late army to whom was referred the petition of John Leseur, begs leave to report:

0124 572

That Ebenezer Storer, the paymaster to the Regiment in which the Petitioner belonged, drew from the military chest in 1778 and 1779 the sum of Two hundred and seventy-one Dollars as the ballance due to Leseur. That the said Storer made a settlement of his accounts as Paymaster with William Bedlow, Esquire, in August, 1779, and returned into the military chest the sum of One hundred and Twenty-Eight 83/90 dollars as the ballance then due to Leseur.

That Mr. Bedlow passed to Mr. Storer's Credit the remainder of the said sume of 271 dollars as paid to Leseur, tho' no voucher can be found that Mr. Leseur had received it. That the above mentioned sum of 128 33/90 Dollars was again drawn from the pay Office on the 3 d . day of February, 1780, by the said Storer, and advanced by him to other persons for their pay when money was so depreciated as to answer in the settlement made with him by your Commissioner, to no more value to the united States than 60 for One.

That a Resolution of Congress of the twenty-seventh day of May, 1778, has directed that the Regimental paymaster be chosen by the Officers of the Regiment who were to Risque their pay in his hands.

Whereupon your Commissioner begs leave to remark That the United States cannot be answerable for the repayment of the ballance Carried to Mr. Storer's Credit by Mr. Bedlow, who being a public Officer and a disinterested person could not do it without a proper Voucher at the time, which is most probably mislaid.

That the United States also cannot be answerable for the depreciation of the money in Mr. Storer's hands, as he was the person who Legally had an authority to receive it, and whose Receipt was the same to the Public as if Mr. Leseur had received it himself.

It appears to your Commissioner that the United States are only holden to pay to Mr. Leseur the sum of 128 83/90ths dollars at 60 for One, being the value of the money when it was last Received from Mr. Storer.

Jn o . Pierce . 1

1 This report is in the Papers of the Continental Congress , No. 62, folio 169. According to indorsement it was read August 28. See post, September 6.

Office of Army Accounts, August 25 th ., 1786.

The Commissioner for Settling the Army Accounts of the late Army of the United States, to whom was referred the Petition of A. Baird requesting the Commutation in lieu of half pay for Life as a 0125 573 deranged Surgeon in Baldwin's late Corps of Artificers, begs leave to Report:

That Doctor Baird founds his Claim on the resolution of January 17 th ., 1781, granting generally the half pay to the Hospital department and that of May 3 d ., 1782, granting the same particularly to a Surgeon of Artificers.

The Congress did on the 19 th . October, last, refer to your Commissioner a Report made by a Committee of Congress on the petition of Sundry Officers of the Corps of Artificers for half pay or Commutation, which report your Commissioner was directed to take order on and is in the words following Viz t .

* * * * * * *

Your Commissioner Therefore Supposes that he is not warranted to grant the Commutation to the Memorialist unless he has the direction of Congress.

Jn o . Pierce . 1

1 This report is in the Papers of the Continental Congress , No. 62, folio 177. According to indorsement it was read August 28 and referred to a committee September 5. The omitted portion, the report of the committee, is printed under the proceedings of October 19, 1785, q. v .

August 28: The committee of July 21 on the memorial of George Fisher was, this day, discharged.

Committee Book No. 190.

Also was read according to indorsement, the report of the Commissioner of Army Accounts on the account of the late Major General Lord Stirling, to the effect that he would have issued his certificate for the sum due “had a legal Executor or Administrator Appeared to have received it.” It is in No. 62, folio 165.

Office of Army Accounts, New York, August 25 st ., 1786.

Board of Treasury , August 24, 1786 .

The Board of Treasury beg leave to Report:

That in consequence of the Resolve of Congress of the 11 st . of October last directing “That when the Agents appointed to issue Certificates for the Balances due to the Corps of the late Continental Army (not appertaining to any State) shah have finally adjusted the Accounts of their Respective Corps with the Commissioner of Army Accounts—The Board of Treasury be directed to ascertain and Report to Congress such compensation as from the Report of the 0126 574 said Commissioner they shall judge proportionate to the service of the Respective Agents”; several applications have been made to them by Agents claiming the Benefit of this Resolve.

On a Conference with the Commissioner of Army Accounts on the Execution of this Act, we find that it will be very difficult (if not impracticable) to ascertain the true Merits of each Claimant. We have therefore judged it advisable to establish such a General Rule as would operate with as much Justice and Impartiallity, as would probably be the case, if a particular Examination was made into their respective Services. The Measure of these Services will in a great Degree be proportionate to the Amount of the Certificates severally issued by them.

From these Considerations we take the liberty to submit to the Opinion of Congress the following general Resolve, which (should it be approved of by Congress) will in our opinion greatly tend to Expedite the final Settlement of the Army Agents' Accounts. 1

1 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress , No. 139, folio 371. According to indorsement it was read August 28 and the submitted resolve passed September 6, where it is spread verbatim on the Journal.

TUESDAY, AUGUST 29, 1786.

Congress assembled. Present as before.

August 29, 1786.

Congress resumed the consideration of the report of the committee of the whole, when a motion was made by the delegates of Virginia, That the further consideration of the report be postponed in order to take up the following:

“The United States in Congress assembled having, upon the report of a committee to whom was referred the commission of Don Diego de Gardoqui, on the 20 July, 1785, Resolved, That the hen ble John Jay, secretary to the United States of America for the department of foreign affairs, be and hereby is invested with full power, in behalf of the U.S. of America, to treat, adjust, conclude and sign with Don Diego de Gardoqui, Encargado 0127 575 de negocios of his Catholic Majesty, whatever articles, compacts and conventions may be necessary for establishing and fixing the boundaries between the territories of the said United States and those of his Catholic Majesty, and for promoting the general harmony and mutual interest of the two Nations. That the Secretary of the U.S. of America for the department of foreign Affairs be and he is hereby instructed, previous to his making propositions to Don Diego de Gardoqui, or agreeing with him on any article, compact or convention, to communicate to Congress the propositions to be made, or received relative to such Article, compact or convention.”

And afterwards on the 25 of August following, upon the report of a committee on a letter of the Secretary for foreign Affairs, complaining of the restrictions imposed on him in the said instructions, Resolved, That the last paragraph in the instructions to the Secretary to the U. S. for the department of foreign Affairs, passed the 20 of July, 1785, for entering into a treaty, compact or convention with the Encargado de Negocios of his C. M., in the words following: “That the Secretary of the U.S. of America for the department of foreign Affairs be and hereby is instructed, previous to his making propositions to Don Diego de Gardoqui, or agreeing with him on any Article, compact or convention, to communicate to Congress the propositions to be made or received relative to such article, compact or convention,” be repealed, and that the following be substituted in its place: “That the Secretary to the U. S. for the department of foreign Affairs be and he is hereby instructed, in his plan of a treaty with the Encargado de Negocios of his C. M., particularly to stipulate the right of the U.S. to their territorial bounds, 0128 576 and the free navigation of the Mississippi, from the source to the Ocean, as established in their treaties with G. B.; and that he neither conclude nor sign any treaty, compact or convention with the said Encargado de Negocios, until he hath previously communicated it to Congress and received their approbation.”

And the said Secretary having, on the 29 of May, 1786, addressed a letter to the president of Congress on the subject of the said negotiations to the following effect:

Office for Foreign Affairs , May 29, 1786 .

Sir : In my negotiations &c. (here insert whole letter), 1

1 See post , May 31, 1786.

And upon being afterwards called before Congress to explain, &c. proceeded, in a written statement of August 13th, for the reasons therein contained, to advise, that the U.S. enter into a treaty with Spain upon the following principles: 1. That all commercial regulations affecting each other shall be founded in perfect reciprocity. Spanish Merchants shall enjoy all the commercial privileges of native merchants in the United States, and the American Merchants shall enjoy all the commercial privileges of native Merchants in the kingdom of Spain, and in the countries and other islands belonging and adjacent thereto. The same privileges shall extend to their respective vessels and merchandise consisting of the manufactures and productions of their respective countries. 2. Each party may establish consuls in the countries of the other, excepting such provinces in Spain into which none have heretofore been admitted, viz. Bilboa and Guipusca, with such powers and privileges as shall be ascertained by a particular convention. 3. That the bona fide manufactures and productions of 0129 577 the U.S., tobacco only excepted, which shall continue under its present regulations, may be imported in American or Spanish vessels into any parts of his Majesty's European dominions and islands aforesaid, in like manner as if they were the productions of Spain; and on the other hand that the bona fide manufactures and productions of his Majesty's dominions may be imported into the U.S. in Spanish or American vessels, in like manner as if they were the manufactures and productions of the said States; and further, that all such duties and imposts as may mutually be thought necessary to lay on them, by either party, shall be ascertained and regulated on principles of exact reciprocity, by a tariff to be formed by a convention for that purpose, to be negotiated and made within one year after the exchange of the ratifications of this treaty; and in the mean time that no other duties or imposts shall be exacted from each others merchants and ships, than such as may be payable by natives in like cases. 4. That inasmuch as the U.S., from not having mines of gold and silver, may often want supplies of specie for a circulating medium, his C. M, as a proof of his good will, agrees to order the masts and timber which may from time to time be wanted for his royal navy, to be purchased and paid for in specie in the U.S.; provided the said masts and timber shall be of equal quality, and when brought to Spain shall not cost more than the like may there be had from other countries. 5. It is agreed that the articles commonly inserted in other treaties of commerce for mutual and reciprocal convenience shall be inserted in this; and that this treaty, and every article of stipulation therein, shall continue in full force for years, to be computed from the day of the date thereof. In consideration 0130 578 for which we are to forbear the navigation of the Mississippi for years.

1 The Secretary having thus, agreeably to his statement aforesaid, conducted the negotiation committed to his care with the Encargado of Spain to a point, it becomes the duty of the United States to examine well the measures they now take, that they may be calculated to secure the friendship of the catholic King, and preserve at the same time the honour and the interests of the confederacy. These must be either in conformity with the opinions of the Secretary, or, from a conviction of their impropriety, by adopting some other plan, which shall appear preferable to it; it will therefore be well, in the first instance, to examine the plan itself.

1 At this point Roger Alden takes up the entry.

The Secretary hath united the project of a commercial treaty with Spain, with the interfering claims of the two powers respecting the boundaries and the Mississippi, and proposes, that to obtain what he calls liberal terms in commerce, we should by compact forbear the use of the navigation of the Mississippi for the period of the treaty; that the claims of the parties respecting the boundaries remain as they are, to be the subject of future discussion and compromise. The project is a plain and simple one. It proposes to give the merchants, the vessels, and the productions and manufactures of each country in the ports of each other, viz. those of Spain in the ports of the United States, and those of the United States in the ports of Spain and the Canaries, the same privileges as if they were those of the Country itself. It behooves us, therefore, in the first instance to inquire, what alteration this will make in those instances from the condition on which we now stand. Secondly, whether this alteration, if there should be any, will be beneficial to the United States.

0131 579

1 st . As to Merchants. We cannot suppose (and believe the contrary to be the case) that the King of Spain makes any discrimination in the ports aforesaid between Merchants, his subjects, and those of other nations. The laws of Spain distinguish only articles of commerce, and those into such as are and such as are not contraband ; and the penalties and privileges are precisely the same in both instances in their application to foreigners and subjects. If discriminations therefore in this line can be beneficial, we tie up our hands from extending them to our citizens, without obtaining any consideration for it.

2 d . As to vessels engaged in the carriage of the manufactures of both countries. Spain hath no navigation Act. To the ports which are open, the vessels of all countries are admitted, and in the carriage even of her own productions and manufactures, upon the same footing with those of her own subjects; here we bind up ourselves again, without a valuable consideration for it.

3 d . AS to productions, &c. The two Nations engage to receive those of each other into the ports aforesaid, as if they were their own. With respect to Spain and the Canaries this is certainly the case at present. The productions, &c. of the United States (Tobacco excepted, which is hereby excluded) are admitted into the ports aforesaid, in the most liberal manner that the Article will admit a construction of, and precisely upon the same terms with similar Articles, the growth of the Colonies of Spain, in different quarters of the globe; so that this treaty will not open to us a single port, nor admit us into those now open upon better terms than those we now enjoy. Can these positions be controverted, that neither our Merchants, our vessels, nor 0132 580 our productions, will be received into the ports of Spain and the Canaries, upon different terms from those on which they are now received? If this is not the case, let the contrary be shewn.

But how will the Secretary's project affect us? The merchants of Spain shall have in our ports the rights of the native merchants of America. When we consider that our commerce is subjected, in every article, to the most severe restrictions, in almost every foreign port; that under the necessary encouragement given by France and Britain to their own fisheries, that Article is excluded from their ports; that the Mediterranean sea is shut against us; and that it is the interest of those powers, as it would after this treaty be that of Spain also, it should be so always; that the West India Islands are also occluded almost altogether; that the wheat and rice trade is from these causes greatly injured; that the Tobacco is a monopoly in the hands of the farmers General in France; in Spain a contraband. Thus banished from the European countries and their dependencies, one would suppose it the duty of every wise American Statesman to secure our rights and interests at home; to give in our own ports to our own citizens exclusive privileges: but of this advantage the project would deprive them.

Spain shall be admitted into the carriage of our productions, &c. upon the same footing that we are into that of hers. If the materials of both parties were such as to employ the same number of vessels in the carriage, such a compact would, on the part of these States, in their circumstances, be unwise. But when we consider how few ships will be employed in the carriage of the productions, &c. of Spain, how unimportant they are in point of bulk and proportion to that 0133 581 of the productions of these States, the disadvantage of the stipulation must obviously occur. How contrary would such a stipulation be to the policy of Great Britain. To the policy of her navigation act, an act founded on very different principles from those the project proposed and which gives to her own subjects, in their intercourse with all other nations, high privileges and immunities they do not enjoy. To the wisdom of this act and her other regulations in commerce, it is owing, that she hath attained to such a height of power and grandeur on the Seas, as to be at the same time the terror and the admiration of the world; that her subjects have obtained such commercial wealth and astonishing resources, as to be able to support her in the most splendid enterprises, and the longest and most difficult wars that her councils could devise, or the change of fortune expose her to. Yet of the right of adopting and pursuing such a system of policy, or in any degree discriminating in favour of our own carriage, would the project deprive us.

Spain shall have a right to bring her manufactures, &c. here, and take off our own, (Tobacco excepted) in the same manner as they were her own. It is difficult to understand the nature of this engagement. If by this it is meant that productions, &c. of the one shall of right be admitted into the ports of the other, independent of the will of the other, after this treaty for that term, the duties remaining as they are, (Tobacco only excepted) its operation is very extensive and important. The States The parties have in that instance given up the right of prohibition or restriction on Imports or exports, which do not apply at the time to similar articles of their own. The case is perhaps without a precedent, and one would suppose it never could have one, unless 0134 582 the family compact between the different branches of the house of Bourbon may be considered as such, which was even between those nations found inconvenient; and afterwards by the treaty of Paris, in 1763, annulled. Independent Nations have always heretofore retained to themselves the right of regulating their own interior police, which they could not do if thus connected, and made dependent on that of others, and by that means of securing to themselves a reciprocity in their intercourse with other nations. Many are the purposes to which the exercise of this power in different countries is made subservient, depending in each on a variety of circumstances; the nature of the Government, the manners of the people, state of population, resources, and the purposes to which it might incline to turn them, with others, that upon examination might occur. But here they might be defeated. If, for instance, the object was to promote virtue and frugality, by prohibiting the importation of foreign luxuries; if to encourage Manufactures and to countenance the mechanical Arts at home, by prohibiting imports from other countries, the right by this treaty would be abrogated. In short, the police of these States would be so interwoven with that of Spain, and the management of her own System made so dependent on her will, that we should not be able to act on it afterwards. Such a stipulation would also be contrary to the federal compact; for by it each State retains the right of prohibiting the importation or exportation of any species of goods or commodities whatever. If such then is its purport, it is in direct violation of the compact itself, and of course void. If it is our intention to merit and preserve the confidence of our constituents, we should hold this compact sacred: and if to support any Character among the Nations of the Earth, we 0135 583 should enter into no engagements we cannot fulfil. It is sufficiently low already; we need not debase it further. If, on the other hand, they retain the right of prohibiting, or of encouraging imports and exports, by imposing what duties they may from time to time think proper, under this restriction only, that their Subjects and Citizens respectively shall pay in the ports of each other the duties of Natives only, the effect will be very confined and unimportant. It is still within the power of each Nation to suspend all commercial intercourse with the other; for by prohibiting the importation of the Manufactures and productions of the other, by its own Subjects or Citizens, the prohibition is extended to those of the other, and the commerce at an end; each party still retains the right of contracting with others, and without restraint. For instance, Spain might covenant with France to admit her flour or fish into her ports, paying the duty of five per cent. ad valorem; and afterwards impose twenty per cent. on similar Articles from these States. If the same duty on our commodities was imposed equally on her own and our citizens, there would be no violation of the treaty; and thus, while she preserved her faith with us, she would give a monopoly in these Articles to France. So that in either view, this stipulation, which the Secretary holds to be so liberal and advantageous, will not bear a close examination. It presents at first view, in appearance, plausible colours, but when investigated, will be found to be either mischievous, or at best of no advantage to these United States.

[Our treaties with France, the United Netherlands, Sweden, Russia, &c. stipulate to each, “the right of the most favoured Nations.” These Nations, therefore, coming into the terms of Spain, will be entitled to these 0136 584 benefits; and that they will, cannot be questioned; for in so doing, they give up little or nothing. The evils of this project will therefore be almost universal, and of course without remedy. They will also of right require a consideration for so doing, equivalent to the value of the occlusion of the Mississippi. In addition to which the Article of Tobacco will by compact be excluded from all their ports, as well as from those of Spain.]

Spain is, of all countries, the one from whose commercial restrictions we have the least to fear; and of course the one with whom there is the least necessity for our binding ourselves under any engagements to. Her exports are but few, and her commerce with all Nations against her. Considering it as below their station and appropriate only to the subordinate ranks of men, her Councils composed of nobles the proudest and vainest in Europe, are Britain are always labouring to turn this circumstances to their advantage against each other. Britain hath often wounded her pride by stating her to be under the influence of French Councils and Spain has occasionally given herself airs to show she was not as her late attempt to treat with Britain upon the subject of trade which was as weak as it was unsuccessful. Encumbered with her immense and opulent colonies, the great exertion of the Spanish Monarchy is to keep them together. The price of an Alliance with Britain, is exclusive advantages in trade. This separates her from France; and in the superiority of her fleets puts her commerce and her Colonies together into the Arms of Britain. Spain will therefore maintain her connexions with France, from whose superiority by Sea she hath less to fear, and cultivate the friendship of the United States. A connexion with Britain turns the 0137 585 scale against the other powers in favour of Britain, and makes her a british colony. A connexion with France and the allies of France preserves things as they now stand: we may therefore safely conclude, that as the friendship of the United States must form an essential part of her system, that if she fads in the present object, which from the disposition of the United States (made known to her by the Secretary himself at the Court of Spain, in the midst of the war, and while surrounded with difficulties) she must calculate on, she will either come forward and grant fully the terms we require, or at least still seek an accommodation by the most friendly and conciliating attention to our interests. By procrastination she will still court our commerce, and continue to exert her influence with the regency of Algiers, &c. for the relief of our prisoners, and with other powers in our favour by bargain. Unless these advantages become a part of the treaty, we lose them.

[As to the surrender or forbearance of the use of the navigation of the Mississippi for the term proposed, for the consideration proposed, (the right of the United States to dismember the government being out of the question) it is inadmissible for the reasons above stated; but it is also inadmissible upon the principle of the right, and independent of the right, upon the highest principles of national expedience, which apply even if the commercial project were an advantageous one. In the present state of the powers of Congress, it should be the policy of every wise Statesman to pursue such a System of conduct as shall be best calculated to gain the confidence of the several States in the federal councils, and thereby an extension of their powers; but this measure we apprehend would tend to defeat that object. The States who have ceded it, and the 0138 586 confederacy at large, look up to the western lands as a substantial fund for the discharge of the publick debt. The value of these lands will depend in a great measure on the navigation of the Mississippi. By suspending this right we depreciate this fund, unnecessarily burden the confederacy with an additional weight, and proportionally injure the publick creditors. By the compact with Virginia it is stipulated, that the western country shall be divided into States, and admitted with the rights of the original States into the confederacy. The spirit of this compact is, that the territory should retain all its rights, and have them promoted under the patronage of Congress. This Act would therefore be a direct violation of it, and have a tendency to fix the weight of population on one side of the Continent only. But the dismemberment of the Government, which this unquestionably is, without the consent of the State interested, one would suppose would prevent even the consideration of the subject by Congress. That the United States have a right to the free navigation of the Mississippi, and the boundaries as established in the treaty with Great Britain, is a truth too well established in the Journals of Congress, and too fully supported by their Acts on the subject, to require any thing to be said at this day in its favour. To proceed on a contrary principle would manifest such a contradiction to their former Acts, and be such a subversion of the rights of nature and the States, as to lessen them throughout the world. It would also be such a sacrifice for particular purposes, as would be obvious to even the most undiscerning. The right, therefore, cannot now be called in question; nor can it be a principle on which we are to act. “Can the United States then dismember the government by a treaty of commerce?”

0139 587

To evince the contrary let us recur to the writers on the laws of Nations on the subject.] (Vattel, vol. i. p. 105. book 1. chap. 21. sec. 260. “The Prince or Superiour of the Society, whatever he is, being naturally no more than the Administrator, and not the proprietor of the State, his Authority, as Sovereign or Head of the Nation, does not of itself give him a right to alienate or dispose of the publick property. The general rule then is, that the Superior cannot dispose of the publick property, as to its substance. If the Superior make use of this property, the alienation he makes of it will be invalid, and may at any time be revoked by his Successor, or by the Nation. This is the Law commonly received by France; and it was upon this principle that the Duke of Sully advised Henry 4 th . to resume the possession of all the domains of the Crown alienated by his predecessors.

“The Nation having the free disposal of all the property belonging to it, it may convey this right to the Sovereign, and consequently confer upon him that of alienating and mortgaging the public property. But this right not necessarily belonging to the Conductor of the State to enable him to render the people happy by his Government, it is not to be presumed that the Nation has given it him; and if it has not made an express law for that purpose, it ought to be maintained that the Prince is not invested with it.” § 265. “The Prince, the Superior of whatever kind, has he the power to dismember the State? Let us answer as we have done above with respect to the domain. If the fundamental Laws forbid the dismembering, he cannot do it without the concurrence of the Nation, or its representatives. But if the laws are silent, and if the Prince has received a full and absolute authority, he is then the depositary 0140 588 of the rights of the Nation, and the organ by which it declares its will. The Nation ought never to abandon its Members, but in a case of necessity, or with a view to the public safety, and to preserve itself from total ruin; and the Prince ought only to cede them for the same reasons; but since he has received an absolute Authority, he is to judge of the necessity of the case, and what the safety of the State requires.”

“On occasion of the treaty of Madrid, the principal persons in France assembled at Cognac after the King's return, unanimously concluded that his authority did not extend so far as to dismember the Crown, and the treaty was declared void, as contrary to the fundamental law of the Kingdom; indeed it was done without sufficient power, the Law in express terms refusing the King the right of dismembering the Kingdom: the concurrence of the Nation was necessary for this purpose, and it might give its consent by the medium of the States-General. Charles 5 th . ought not to have released his prisoner before those very States had approved the treaty, or rather, making a more generous use of his victory, he should have imposed less rigorous conditions, such as it was in the power of Francis to grant, and with which he could not have refused to comply without shame. But at present, when the States-General do not assemble in France, the King remains the sole organ of the State with respect to other powers: they have a right to take his will for that of all France; and the Cessions the King might make them, would remain valid, in virtue of the tacit consent by which the Nation has submitted all power into the hands of the King with respect to treaties. Were it otherwise, no certain treaty could be 1 entered into with the crown of France. However, by way of precaution,

1 Thomson here resumes the entry.

0141 589

precaution, other powers have often demanded that their treaties should be registered in the parliament of Paris; but at present this formality seems to be laid aside.”

Vol. ii. b. 116. p. 4. ch. 2. sect. 10. “When a limited power is authorized to make peace, as he cannot of himself grant every condition, in order to treat on sure grounds with him, it must be required that the treaty of peace be approved by the Nation or the power which can make good the conditions. If for instance, in treating of a peace with Sweden, a defensive alliance and a guaranty be required for the condition, this stipulation will be of no effect, unless approved and accepted by the diet, which alone has the power of imparting validity to it. The kings of England conclude treaties of peace and alliance; but by these treaties, they cannot alienate any of the possessions of the crown without the consent of Parliament.”

By the second Article of the Confederation of these United States, each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right which is not therein expressly delegated to the U. S. in Congress assembled. This is a fundamental law of the Nation, and the powers granted in the 9 th . Article to make treaties must be construed in subordination to it. No treaty even of peace entered into by the U.S. in Congress assembled, extending to a cession or suspension of the rights of any of the states without their consent, can therefore be valid; much less can such a treaty of commerce, which in point of political necessity can never be so pressing.)

How then shah we proceed in the present critical circumstances with Spain? An honorable arrangement with the court of Spain upon these points, and an advantageous treaty of commerce, though indeed whilst our 0142 590 trade is so restrained by the piratical powers, it will be of less consequence [than it otherwise would be,] are certainly desirable objects. A continuance of the negociation in the hands of the secretary alone, as his sentiments are now known [in Congress, and differ so widely from the opinions of several States in this Confederacy,] especially on the points relative to the Mississippi and the boundaries, would be improper. It would give the opposite party a manifest advantage and in short counteract on our part the objects of the negotiation itself. It would also be dissatisfactory to the States in the confederacy, especially those interested in it. [not be advisable.] Upon the first point, therefore, it will be proper to instruct our charge d'affaires at the court of Spain to agree with that court on the principles; the treaty ultimately to be concluded here; that it be negotiated under the mediation of France. Upon the second it will be proper, agreeably to the arrangement at Annapolis, that two other commissioners be appointed with Mr. Jay, the consent of the majority of whom shall be necessary to conclude the treaty.

It is to be observed, that the Secretary hath no power to treat on the subject of commerce, being confined solely to the interfering claims of the two parties as above. The power to form such a treaty with Spain having been committed to Messrs. Adams, Franklin and Jefferson, at Annapolis, on 7th May, 1784, under a commission which had then near one year to run, with all the other powers of Europe, upon principles then agreed on as applying to all. This must be the more obvious from the care the U.S. have always taken to establish the principles in Congress upon which their treaties should be formed, and making their ministers the instruments only of their will, especially at Annapolis, in 1784, 0143 591 when their system of commercial policy to be established in treaties was, after mature consideration, agreed to, and men appointed from different quarters of the union, as being necessary to concentre a representation of the different interests. Can it be supposed then, that the commission of these gentlemen with respect to Spain, without even mentioning it, or agreeing on the principles in the instructions to the Secretary, or even mentioning the subject of trade in said instructions, were repealed, and he thus loosely authorized to form a treaty of commerce? [his conduct therefore upon this subject not being warranted by his instructions is conceived to be unjustifiable and dangerous] That their interfering claims, however, may be amicably settled, and that the two nations may enjoy reciprocal advantages in trade, it is hereby

Resolved, [That the charge des affaires of the U. S. at the court of Spain be instructed to assure his Catholic Majesty of the high regard the U.S. entertain for his friendship, and of their earnest desire to cultivate and preserve always the best understanding between his Majesty and the said States. That as an evidence of this disposition they are willing to settle their interfering claims respecting the Mississippi, and the boundaries, upon the following principles, 1. That New Orleans be made an Entrepot for the reception of the bona fide produce of the U. S. brought down the river Mississippi by the Citizens of the said States: such produce to be landed at said port for exportation. That the said citizens be at liberty to return with their boats empty, or with passengers only, up the Mississippi to the places from whence they came. 2. That such produce aforesaid shall pay there, or the merchants exporting it give bond for the payment within six months from 0144 592 the date, of a duty not exceeding per cent. ad valorem at the time of exportation, to the crown of Spain. That such produce aforesaid shall be exported thence in Spanish, American or French vessels, those in the bottoms of Spain under the regulations of Spain, and those in the bottoms of America and France under the regulations of the two countries, by treaty or otherwise. That imports of every kind and country to the said port and up the said river, in American and french bottoms, be prohibited; and that all vessels engaged in transportation of said exports shall come to such port in ballast only. That the U. S. be authorised to appoint a consul to reside at New Orleans, who shall be responsible for any violation of these stipulations by the citizens of the U.S. That American factors be permitted to reside at said port for the management of the business of exportation only. That as to the boundaries, they must insist on those established in their treaty with G. Britain. And further to assure his Cath: Majesty, that so soon as instructions shall be given to his minister in these states to this effect, the U. S. will authorise their Minister to conclude a treaty in conformity herewith. But that they cannot enter into any treaty or compact whatsoever with his Cath: Majesty on the said subjects upon any other terms or conditions whatsoever.

That the hon ble . Mr. Jefferson be furnished with a copy of these instructions, and directed to make known to his M. C n . Majesty the sincere regard they have for his person and family, the gratitude they bear for his former good offices, and the earnest desire they have of his friendly Mediation with the Catholic King, that by his interposition the interfering claims of the two Nations may be amicably settled.

0145 593

That the resolutions of the 20 July, 1785, and the 25th of August following, authorising the Secretary of foreign Affairs to treat with Don Diego de Gardoqui respecting the boundaries and the Mississippi, in the words above recited, be and they are hereby repealed.

That two commissioners be appointed and associated with the Secretary of foreign Affairs, with powers to enter into a treaty with Don Diego de Gardoqui, or such other person as his C. M. shall appoint, upon the following principles. Upon the Mississippi and the boundaries as above; but that they receive no proposition on the said points until he shall be authorized by his said Majesty to accede to the said terms. 1

1 On folio 304, No. 81, II, Papers of the Continental Congress , is the following resolve in Charles Pinckney's handwriting: “Resolved that; two Commissioners be appointed by Congress in addition to the honorable John Jay for the purpose of negotiating with Don Diego de Gardoqui, Encargado de Negotios of his catholic majesty upon such principles as will in their opinion conduce to the interests of the U.S. and the harmony of the two powers provided no compact or treaty shall be signed until the same has been first laid before Congress and received their approbation.”

That they be authorised to enter into a commercial treaty with Spain upon the following principles]: 1st, That each party shall have a right to carry their own produce, Manufactures and Merchandise, in their own bottoms, to the ports of the other, paying in both cases such duties only as are paid by the most favored nations, freely where it is freely granted to such Nation, or paying the compensation where such nation does the same; and so on as in the 3d, 4th, 5th, 6th, 7th resolutions of the 7 of May, 1784.] 2

2 This motion, in the handwriting of clerks except the portions in brackets [ ] which are in that of James Monroe and the portion in parenthesis ( ) which is in that of Edward Carrington, is in the Papers of the Continental Congress , No. 81, II, folio 263. According to indorsement it was offered August 29 and the yeas and nays demanded by Mr. Monroe. The words lined out so appear in the original motion and not in the Journal.

0146 594

On the question to postpone for the purpose abovementioned, the yeas and nays being required by the delegates of Virginia—

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no no King, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrence, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no no Hornblower, no Pennsylvania, Mr. Bayard, no no St. Clair, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it passed in the negative.

0147 595

On the question to agree to the first resolution reported by the committee of the whole, the yeas and nays being required by the delegates of Virginia—

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrence, ay Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, no Harrison, no no Ramsay, no Virginia, Mr. Monroe, no Carrington. no no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, no no Few, no

So it was

Resolved , That so much of the resolution of Congress of the 25 day of August, 1785, being an instruction to the Secretary of the United States for the department of foreign Affairs, as is contained in the following words, namely, “And that the following be substituted in its place; that the Secretary of the United States for the department of foreign Affairs be and hereby is instructed, in his plan of a treaty with the Encargado de Negocios of his Catholic Majesty, particularly to stipulate the right of the United States to their territorial boundaries, 0148 596 and the free navigation of the Mississippi, from the source to the Ocean, established in their treaties with Great Britain; and that he neither conclude or sign any treaty, compact or convention, until he hath previously communicated it to Congress, and received their approbation,” be and the same is hereby repealed and made void. 1

1 These proceedings are entered only in Secret Journal, Foreign, No. 5.

August 29: The following committee was appointed: Mr. [Nathaniel] Ramsay, Mr. [Charles] Pinckney and Mr. [Arthur] Lee, on the memorial of Captain John O'Donnel for sea-letters for the ship Chesapeake , for the India trade. A copy of the memorial, by Roger Alden, is in No. 41, VII, folio 326. Iris dated August 25 and, according to indorsement, was read August 29. The committee reported and the report was acted on August 30.

Committee Book No. 190 .

Also, according to indorsement, was read the letter of Governor George Clinton, dated August 26, replying to the resolutions of Congress of August 23 urging the calling of the New York Legislature in session to grant Congress the system of impost as recommended April 18, 1783. Clinton declined to convene the Legislature and gave his reasons therefor. His letter is in No. 67, II, folio 545–547.

WEDNESDAY, AUGUST 30, 1786.

Congress assembled. Present as before.

The committee, consisting of Mr. [Nathaniel] Ramsay, Mr. [Charles] Pinckney and Mr. [Henry] Lee, to whom was referred a memorial of John O'Donnell, praying that Congress would be pleased to grant him Sea letters for the ship Chesapeake, having reported, “That the ship Chesapeake and her Cargo are the property of Citizens of the United States, and that the ship is principally navigated by citizens of the United States, and bound on a voyage to India:”

Resolved , That a Sea letter be granted for the ship Chesapeake, John O'Donnell, master, in the form of that granted to the Ship Canton, mutatis mutandis .

0149 597

In Congress , August 30, 1786.

Congress proceeded in the consideration of the report of the Committee of the whole; and the Second resolution 1 reported by the Committee being read, a motion was made by Mr. [Rufus] King, seconded by Mr. [Melancton] Smith, to amend the resolution by striking out the last clause from “Provided farther that the said Secretary for foreign affairs do and hereby is directed,” inclusive, to the end, and in lieu thereof to insert “provided farther, that the said Secretary for foreign Affairs do and hereby is directed, to insist on the territorial limits or boundaries of the U. S. as fixed in the definitive treaty of peace and friendship between the U.S. of America and his Britannic Majesty; and he is farther instructed, not to form any treaty with the said Encargado de Negocios unless the said limits or boundaries are thereby acknowledged and secured.”

1 See ante , August 28.

A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [James] Monroe, to postpone the further consideration of the Resolution and amendment, in order to take up the following proposition:

Whereas under the 9th of the Articles of the Confederation it is declared “The United States in Congress assembled shall not enter into treaties or alliances, unless Nine States assent to the same:” And whereas by Resolutions of the 20 July and 25 day of August, 1785, the hon ble . John Jay, Secretary for foreign Affairs, was authorised with the assent of the United States to negotiate with Don Diego de Gardoqui, Encargado de Negocios of his Catholic Majesty, under certain Instructions, the last clause of which was in these words, “and that the 0150 598 following be substituted; that the Secretary to the United States for the department of foreign affairs be and hereby is instructed, in his plan of a treaty with the Encargado de Negocios of his Catholic Majesty, particuIarly to stipulate the right of the United States to their territorial bounds, and the free navigation of the Mississippi from the source to the Ocean, established in their treaties with Great Britain; and that he neither conclude nor sign any treaty, compact or convention with the said encargado de negocios, until he hath previously. communicated it to Congress, and received their approbation;” And whereas a motion is made to repeal the said recited clause of Mr. Jay's instructions leaving the other part of the same in full effect and enabling him to negotiate without any respect to the right of navigating the Mississippi, and to conclude a treaty without first conclude a treaty without from which qualifications and restrictions the said John Jay could not depart without a violation of his instructions: And as the repeal by seven States of the said recited last clause has the effect of enlarging the powers of the said negotiator, and granting him an authority he did not possess under the former instructions, to which the assent of nine States is alone constitutionally competent under the confederation, as the removal of a positive restraint confers a positive Authority, and as a delegate cannot exceed the authority delegated to him, nor delegate to another a greater power than he himself possesses, it follows, that the right of entering into treaties being delegated by the Confederation to the concurrent assent of nine States in Congress assembled, this power cannot be delegated to others, nor any alterations made in instructions upon this subject, but by a similar concurrence of nine States. The right of entering into treaties comprehends an absolute 0151 599 and exclusive right of admitting or rejecting every article of such treaty, as well as the whole collectively. This right cannot be exercised by seven States, consequently it cannot be delegated by them to any other person or description of persons, without an absolute violation of the principles of the confederation. If a treaty entered into in pursuance of instructions be not ratified, by the law of nations it is causa belli . If only seven States repeal the said last recited clause of Mr. Jay's instructions, and he thereupon proceeds to enter into a treaty upon different principles than those under which he was formerly authorised by nine States, the said treaty cannot be considered as formed under instructions constitutionally sanctioned by the Authority required under the Confederation; nor are the United States, under the laws or usage of Nations, bound to ratify and confirm the same: Therefore,

Resolved , That the Secretary for foreign Affairs be informed, that as the said recited clause of his instructions, restraining him from entering into any treaty or Compact with the Encargado de Negocios of his Catholic Majesty, which did not fix the territorial limits of the U. S. agreeable to the definitive treaty with G. B., and the right of the U.S. to the free navigation of the Mississippi from its source to the Ocean, was repealed by the assent of seven States, when nine were alone competent to such alteration and enlargement of his powers, the U.S. in Congress assembled do not consider him as authorised to negotiate upon different principles than those under which he was formerly instructed by the said resolutions of the 20 July and 25 August, 1785; nor, should he proceed to enter into a treaty upon other principles, do they conceive the U. S. bound under the 0152 600 law of Nations to rarity and confirm a compact formed under powers thus unconstitutional and incompetent.” 1

1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 81, II folio 285. It is indorsed by Thomson: “Previous question by New Hampshire Pensylv a . Yeas and nays. Del. Virg.”

On the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Timothy] Bloodworth—

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no no King, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrance, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no no Hornblower, no Pennsylvania, Mr. Bayard, no St. Clair, no Maryland Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it passed in the negative.

0153 601

On the question to agree to the amendment, the yeas and nays being required by Mr. [Melancton] Smith—

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Goorham, King, ay Rhode Island Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, ay Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, no no Harrison, no Virginia, Mr. Grayson, no Monroe, no no Carrington, no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, no div. Few, ay

So it was resolved in the affirmative.

A motion was then made by Mr. [Arthur] St. Clair, seconded by Mr. [Rufus] King, further to amend the resolution reported by the committee of the whole, and after the word “instructed,” in the second line, to insert, “to propose, and if possible obtain the following stipulations, viz. That the Citizens of the United States shall not be interrupted in transporting the bona fide productions of the U.S. upon the Mississippi river from 31° N. L. to the city of New Orleans, where they shall be allowed to land the same, and permission be granted to occupy storehouses and other necessary buildings for the reception thereof. That the boats or other vessels, on board 0154 602 of which the said productions shall have been transported to N. Orleans, shall have free leave to return up the Mississippi river to any place within the territory of the United States; provided that so far as they navigate below 31° N. L. they shall not load any species of goods, wares or merchandize whatsoever, but by permission of the Spanish government in florida. That American merchants or factors shall have free leave to reside at N. Orleans, for the purpose of receiving such American productions as may be brought down the said river Mississippi, and for exporting the same from thence in American or Spanish bottoms, under the regulations of the respective countries. That a duty of per cent. ad valorem shall be paid to the Crown of Spain upon all American produce shipped from the said city of N. O. in American bottoms within 6 months after such exportation, for which good and sufficient bonds shall be given previous to the departure of any vessel on board of which such produce shall be laden. That Am. vessels may freely navigate up the said river M., from the mouth to the said city of N. O.; but shall not carry any species of goods, wares or merchandize whatever contrary to the regulations of the crown of Sp. under pain of seizure and confiscation.” 1

1 This motion, in the writing of Arthur St. Clair, is in the Papers of the Continental Congress , No. 81, II, folio 305.

A motion was made by Mr. [James] Monroe, seconded by Mr. [William] Grayson, to amend the amendment by striking out the words “if possible obtain,” and inserting “that he enter into no treaty, compact or convention, which shall not include;” and on the question to agree to the Amendment to the Amendment, the yeas and nays being required by Mr. [James] Monroe—

0155 603 New Hampshire, Mr. Livermore, no no Long, no Massachussetts, Mr. Gorham, no no King, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrance, no no Smith, no New Jersey, Mr. Cadwallader, no no Hornblower, no Pennsylvania, Mr. Bayard, no no St. Clair, no Maryland, Mr. Henry, ay ay Harrison, ay Virginia, Mr. Grayson, ay Carrington, ay ay Monroe, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it passed in the negative.

0156 604

On the question to agree to the amendment, the yeas and nays being required by Mr. [Charles] Pinckney—

New Hampshire, Mr. Livermore, ay Long, ay ay Massachusetts, Mr. Gorham, ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay Hornblower, ay ay Pennsylvania, Mr. Bayard, ay St. Clair, ay ay Maryland, Mr. Henry, no Harrison, no no Virginia, Mr. Grayson, no Monroe, no no Carrington, no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, no no Few, no

So it was resolved in the affirmative.

The resolution being further amended to read as follows: That the Secretary to the United States for the department of foreign Affairs be and hereby is instructed, to propose, and if possible obtain the following stipulations, viz. That the citizens of the United States shah not be interrupted in transporting the bona fide productions of the United States upon the Mississippi river, from thirty one degrees north latitude to the city of New Orleans, where they shall be allowed to land the same, and permission be granted them to occupy storehouses and other necessary buildings for the reception thereof. That the boats or other vessels, on board of which the said productions shah have been transported 0157 605 to New Orleans, shall have free leave to return up the Mississippi river to any place within the territory of the United States; provided that so far as they navigate below 31° N. latitude, they shall not load any species of goods, wares or merchandise whatsoever, but by permission of the Spanish government in Florida. That American merchants or factors shall have free leave to reside at New Orleans for the purpose of receiving such American productions as may be brought down the said river Mississippi, and for exporting the same from thence in American or Spanish bottoms under the regulations of the respective countries. That a 1 duty not exceeding 2½ per cent. ad valorem shall be paid to the Crown of Spain, upon all american produce shipped from the same city of New Orleans, in American bottoms, within six months after such exportation, for which good and sufficient bonds shall be given previous to the departure of any vessel on board of which such produce shall be laden. That American vessels may freely navigate up the said river Mississippi, from the mouth to the said city of New Orleans, but shall not carry any species of goods, wares or merchandize whatever, contrary to the regulations of the crown of Spain, under pain of seizure and confiscation. That if in the course of his negotiation with the Encargado de Negocios of his Catholic Majesty, it shall be found indispensable for the conclusion of the same, that the United States and their citizens, for a limited time, should forbear to use so much of the river Mississippi as is south of the southern boundary of the United States, the said Secretary be and hereby is authorised and directed, on behalf of the United States, to consent to an Article or Articles stipulating on their part and that of their citizens, a forbearance of the use of

1 At this point Roger Alden takes up the entry.

0158 606

the said river Mississippi for a period not exceeding twenty years, from the point where the southern boundary of the United States intersects the said river to its mouth or the ocean; provided, that such stipulation of a forbearance of the use of the said river for a limited time, as aforesaid, shah not be construed to extinguish the right of the United States, independent of such stipulation, to use and navigate the said river from its source to the ocean; provided further, that the Secretary for foreign Affairs shall not stipulate, on behalf of the United States, in favour of the exclusive navigation and use of the said river by his Catholic Majesty and his subjects, below its intersection of the southern boundary of the United States, unless it shah be agreed and stipulated in the same treaty, that the navigation and use of the said river, from the intersection aforesaid to its head or source, be and continue common to the United States and his Catholic Majesty, and to their respective citizens and subjects; provided farther, that the said Secretary of foreign Affairs do and hereby is directed to insist on the territorial limits or boundaries of the United States as fixed in the definitive treaty of peace and friendship between the United States of America and his Britannic Majesty; and he is further instructed, not to form any treaty with the said Encargado de Negocios, unless the said limits or boundaries are thereby acknowledged and secured.

1 On the question to agree to the resolution as amended, the yeas and nays being required by Mr. [Charles] Pinckney—

1 At this point Thomson resumes the entry.

0159 607 New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, no Harrison, no no Ramsay, no Virginia, Mr. Grayson, no Monroe, no no Carrington, no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, Georgia, Mr. Houstoun, no no Few, no

So the question was lost. 1

1 These proceedings are entered in Secret Journal, Foreign, No. 5, and in Secret Journal, No. 6.

August 30: The following committee was appointed: Mr. [John Bubenheim] Bayard, Mr. [Timothy] Bloodworth and Mr. [John] Bull, on the petition of John Paul Schott. A report was rendered September 4.

The petition is in No. 42, VII, folio 259.

The petition of Levi Walker “for repayment of expences paid for his son when sick” was referred to the Commissioner of Hospital Accounts to report and a report rendered September 1. The petition, dated July 26, is in No. 42, VIII, folio 361; according to indorsement it was read August 30.

Committee Book No. 190 .

THURSDAY, AUGUST 31, 1786.

Congress assembled. Present as before.

On motion of Mr. [Pierse] Long, seconded by Mr. [Melancton] Smith,

0160 608

Whereas major general John Sullivan was, while in service, employed at sundry times on separate commands and expeditions, whereby he was exposed to great and extraordinary expence,

Resolved , That it be recommended to the State of New Hampshire, to pay to the said John Sullivan, the sum of four thousand three hundred dollars, in the same manner as they have paid their other general Officers, and charge the same in their general account with the United States. 1

1 This motion, in the writing of Pierse Long, is in the Papers of the Continental Congress , No. 19, V, folio 461.

On the question to agree to the above resolution, the yeas and nays being required by Mr. [Pierse] Long,

New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, ay Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, no Harrison no no Ramsay, ay Virginia, Mr. Grayson, no Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, no Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun ay ay Few, ay

So it was resolved in the affirmative.

0161 609

A motion was made by Mr. [Rufus] King, seconded by Mr. [Samuel] Livermore, in the following words:

Ordered , That when a question is set aside by the previous question, it shall not be in Order afterwards formally or substantially to move the same, unless there shall be the same, or as many states represented in Congress. 1

1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 81, II, folio 309.

On this the previous question was moved by the State of South Carolina, seconded by the State of Virginia: And on the question to agree to the previous question, the yeas and nays being required by the State of Virginia.

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no no King, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrance, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no no Hornblower, no Pennsylvania, Mr. Bayard, no no St. Clair, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth. ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it passed in the negative.

0162 610

When the question was about to be put, the determination thereof was postponed till to Morrow by the State of South Carolina.

August 31, 1786.

A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [Henry] Lee, in the words following:

Whereas under the 9 th . of the Articles of Confederation it is declared, “The United States in Congress assembled shall not enter into treaties or alliances unless nine States assent to the same:”—and whereas by resolutions of the 20 July and 25 day of August, 1785, the honble. John Jay, Secretary for Foreign Affairs, was authorised, with the assent of nine States, to negotiate with Don Diego de Gardoqui under certain instructions, the last clause of which was in the words following, viz. “And that the following be substituted—that the Secretary to the United States for the department of foreign affairs be and hereby is instructed, in his plan of a treaty with the Encargado de Negocios of his Catholic Majesty, particularly to stipulate the right of the United States to their territorial bounds, and the free navigation of the Mississippi from the source to the Ocean, established in their treaties with Great Britain, and that he neither conclude or sign any treaty, compact or convention with the said Encargado de Negocios, until he hath previously communicated it to Congress and received their approbation”; 1 from which qualifications

1 This motion, in the writing of Charles Pinckney and Henry Remsen, Jr., is in the Papers of the Continental Congress , No. 81, II, folio 289. It is crossed over and from the point indicated by the footnote reference above it recites: “And whereas a motion is made to repeal the said recited clause of Mr. Jay's instructions leaving the other part of the same in full effect—and enabling him to Negotiate without any respect to the right of Navigating the Mississippi, and to conclude a treaty without first consulting the United States in Congress assembled—and as the establishment of a precedent enabling Seven States to alter the instructions of a Minister on the subject treaties to which the assent of Nine was in the first instance Necessary would be productive the most serious dangers in destroying the ground which theofof Confederation has wisely provided on this important subject of Nine States having assented to the said instructions and the repeal of the clause above mentioned altering the same so materially as to make it a new one, and enable the Secretary for foreign Affairs to Negotiate upon other and very different principles from those contained in the Original instructions.

“The sense of Congress is required on the following proposition:

“‘Whether Seven States are competent to the partial repeal and alteration?’” Cf. ante , August 30.

0163 611

and restrictions the said John Jay could not depart without a violation of his instructions. And as the repeal by seven States of the said recited last clause, has the effect of enlarging the powers of the said negotiator, and granting him an Authority he did not possess under the former instructions to which the assent of nine States is alone constitutionally competent under the Confederation; as the removal of a positive restraint confers a positive authority; and as a delegate cannot exceed the authority delegated to him, nor delegate to another a greater power than he himself possesses, it follows, that the right of entering into treaties being delegated by the confederation to the concurrent assent of nine states in Congress assembled, this power cannot be delegated to others, or any alterations made in instructions upon this subject, but by a similar concurrence of nine States. The right of entering into treaties comprehends an absolute and exclusive right of admitting or rejecting every article of such treaty, as well as the whole collectively. This right cannot be exercised by seven states; consequently it cannot be delegated by them to any other person, or description of persons, without an absolute violation of the principles of the Confederation. If a treaty entered into in pursuance of instructions be not ratified, by the law of 0164 612 nations it is causa belli. If only seven States repeal the said last recited clause of Mr. Jay's instructions, and he thereupon proceeds to enter into a treaty upon different principles than those under which he was formerly authorised by nine States, the said treaty cannot be considered as formed under instructions constitutionally sanctioned by the authority required under the confederation; nor are the United States, under the laws or usage of nations, bound to ratify and confirm the same: Therefore,

Resolved , That the Secretary for foreign Affairs be informed, that the said recited clause of his instructions, restraining him from entering into any treaty or compact with the encargado de Negocios of his Catholic Majesty, which did not fix the territorial limits of the United States agreeable to the definitive treaty with G. Britain and the right of the United States to the free navigation of the Mississippi, from its source to the ocean, was repealed by the assent of seven states, when nine were alone competent to such alteration and enlargement of his powers, the United States in Congress assembled do not consider him as authorised to negotiate upon different principles than those under which he was formerly instructed by the said resolutions of the 20th July and 25 August, 1785; nor, should he proceed to enter into a treaty upon other principles, do they conceive the United States bound under the law of Nations to ratify and confirm a compact formed under powers thus unconstitutional and incompetent.”

On this, the previous question was moved by the State of New Hampshire, and seconded by the State of Pennsylvania; and on the question to agree to the previous question, the yeas and nays being required by the State of Virginia—

0165 613 New Hampshire, Mr. Livermore, ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, ay Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, no Harrison, no no Ramsay, no Virginia, Mr. Grayson, no Monroe, no no Carrington, no Lee, no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, no no Few, no

So it was resolved in the affirmative, and the main question was set aside. 1

1 This proceeding is entered in Secret Journal , No. 5, and Secret Journal , No. 6.

An Address from the United States in Congress Assembled, to the Legislatures of the several States:

When the Interests of a People are endangered, either through the defect of the Government they have established, or the want of timely and vigorous Exertions to give efficacy to its Operations, it becomes the duty of those to whom the sacred Trust of watching over the Welfare of the Nation is delegated, to awaken it to a sense of its danger, and to urge the adoption of such measures as may avert the Calamities with which it is threatened.

Impressed with a sense of this high Obligation, and an anxious and affectionate concern for the Interest, Honor, and Safety of their Constituents, the United States in Congress assembled, have at various periods, and on various occasions, exercised this important trust; but 0166 614 on none more solemn and interesting than on the 18 th . February last, when after a mature and serious consideration of the State of the Nation, they were constrained to declare—“That a reliance on the Requisitions to discharge the Engagements of the Confederacy would be dangerous to the Welfare and Peace of the Union. That for want of a timely exertion in Establishing a General Revenue, not only the Existence of the Confederacy was hazarded, but those great and invaluable privileges for which they had contended; And therefore that whilst Congress were denied the Means of satisfying these Engagements, which they had constitutionally entered into for the Common Benefit of the Union, it was their duty to warn their Constituents, that the most fatal Evils would inevitably flow from a breach of Public Faith, pledged by solemn Contract, and a violation of those principles of Justice which are the only solid Basis of Honor and Prosperity of Nations.”

It would be unnecessary on this occasion to recapitulate the reasons which induced the Recommendation of the Revenue System of the 18 th . April, 1783. The necessity of a compliance, with a General Impost (which constituted a principal part of this System) and the Benefits or Evils which would inevitably flow, from a neglect or adoption of the measure, are so forcibly pointed out in the Act of Congress of the 16 th . December, 1782 (which accompanied their Address of the 18 th . April, 1783), and by their subsequent Resolves of the 18 th . of February last, that nothing can be added to enforce the policy, and Necessity of the Measure; unless it be this solemn and lamentable truth, That the experience of the last Year has added further proof of the utter inefficacy of relying upon Requisitions for Supporting the Expense and Credit of the Union.

By this Requisition the States were called upon to Pay into the General Treasury, on or before the First day of May last the Sum of Three Million of Dollars, of which one Million of Dollars was to be discharged by Specie, and Two Million of Dollars by Discounts of Interest on the Domestic Debt. The objects, for which the Monies proposed to be raised were to be appropriated, are distinctly pointed out: By this it appears that the Sum of Eight hundred and forty thousand Dollars, were absolutely and indispensibly necessary to be paid some Months since in Specie, to defray the Charges of the Civil Government, and the Interest of the Foreign Debt. What have been the Effects of this Requisition? Notwithstanding the serious and 0167 615 Interesting Appeal of Congress, to the Justice and Wisdom of the several States, which soon followed it; and in which, after Stating the Public Receipts and Expenditures for the four preceeding Years, it is proved that the Receipts of the last Fourteen Months, were not adequate to the bare maintenance of the Federal Government on the most economical Establishment, and in time of profound Peace: Only Eight States out of the thirteen have passed Acts apparently complying with the Requisitions; and by such as have complied, not more than the Sum of 100,000 Dollars has been paid into the General Treasury, to the present Date, in actual Specie. In examining the Acts of the several Legislatures, part in consequence of the Resolves of the 27 th . September last, it is found that in most States, the Monies intended for the purposes of the Union, and those of the State are blended in the same Collection; that scarcely in any, State Funds are pointed out, by the Law for providing its Quota; and that in several, a Paper Currency is made receivable as Specie in all Payments whatsoever. To these, amongst other circumstances, may be imputed, in a great degree, the inefficacy of the Revenue Laws, in the several States, and an almost total stagnation in the payment of the general Quota's. If it be asked, to what end then, is another Requisition made whilst such heavy Balances remain still unsatisfied? The Answer is: That the United States in Congress are bound by every principle of Good Faith and Justice, and a regard to National Character to Exercise that Authority (however inadequate) which is vested in them, for obliging the different Members of the Union to Contribute their respective Quota's for the support of the general Government; and to manifest to the World, that they are not Unworthy the high, and honorable trust of watching over the Welfare of a free People.

The States will observe that in the present Requisition no less than 1,723,626 Dollars 47/90 ths . ought to be forthwith raised in Specie, for the express purpose of paying the Interest, and certain Installments of Principal of the Foreign Debt, which will become due in the present, and in the course of the next Year. So vast is the Accumulation of the Debt, which has been brought on the People for want of an early and general adoption of the Resolves of Congress of the 18 th . April, 1783. The general Impost (therein recommended) was expressly appropriated, for the purpose of discharging the Principal and Interest of the National debt; the probable amount of it was at that time calculated at near a Million of Dollars. annually: Supposing this Sum 0168 616 greater than this Revenue is likely to produce in a regular state of Commerce; when the extraordinary Importations which were poured into the States for the first two Years after the Peace are taken into consideration it may safely be averred, that by the end of the Year 1787, a net Revenue would have accrued from the execution of that Plan of near Four Million of Dollars; If it had commenced its operation in the early part of the Year 1784.

It may in this place be proper to state what have been the Sums necessary to be raised in Specie for the Interest and Principal of the Foreign Debt, to the end of the Year 1787, and to compare the aggregate, with the probable amount of that Revenue to the same period. By the Schedule of the Principal and Interest due on the Foreign Loans, which was transmitted to the several States with the Act of Congress of 15 th . February last; it appears that the Aggregate of Principal and Interest, due

On the French and Dutch Loans to the end of the Year 1787 in dolls 1,710,044

On the Spanish Loan of 174,000 Dolls. 7 years Int do 60,900

Due to Foreign Officers and Individuals in France, say do 44,000

Due to Foreign Individuals for Principal and Interest of Debts contracted abroad, about dolls 100,000

1,914,944

Deduct this Sum from the probable amount of the Impost to the year 1787 and it appears that Two Millions of Dollars of surplus Revenue might, under a proper arrangement have been applied toward the reduction of the Capital of the Domestic Debt. When to these circumstances, are added the influx of Specie from the revival of credit, and the happy effects it would have had on the present unfavorable balance of Commerce, and consequently on the Collection of Taxes throughout all the States; it is scarcely possible to foresee the extent, and number of the advantages, which would have flowed from the operation of this System.

It is a painful Task either in Nations or Individuals to call to mind circumstances of Advantage, which have escaped their Controul, and to compare a situation of present Distress, with what (under the Auspices of Heaven) would have been the direct reverse, had they evailed themselves of advantages, once within their power to command.

But it is by an honest and serious examination of past Errors that Experience only is gained, and better Systems adopted in the management 0169 617 of Public or Private Affairs. It becomes therefore the Duty of the Guardians of a free and enlightened People (however painful the task) to execute this high Trust, and to conceal nothing that may induce the Nation to investigate, and pursue in future their Essential Interests. It is not to be expected, that in a Government composed of thirteen independent deliberative powers, and owing its origin to an extreme Jealousy of Public Liberty, that the Judgment of the several Members of the Confederacy should at the same time embrace the Wisdom and Necessity of every Measure, which may be recommended by the General Government; particularly in the case of an untried System of Revenue, the most difficult of all objects (even in long established Governments) to carry into Execution.

The firm and enlightened Patriots throughout the States, appear imprest with the necessity of Rescuing the Union from the danger and disgrace with which it is threatened. The several Legislatures have at length passed Acts for granting to the United States in Congress the power of Levying a General Impost, to be appropriated agreeably to their Recommendations of the 18 th . April, 1783; and though in two States of the Union, the Laws which have been Enacted for this purpose, require some alteration, to give a general Operation to the Collection of this Revenue; from the Wisdom, and Patriotism, for which these States have been long distinguished, the United States in Congress, cannot entertain the Idea, that they will refuse to give Efficacy to a measure, whose immediate Operation is the Corner Stone of the Public Weal; or that they will take upon themselves the responsibility of all those Evils, which must inevitably devolve on the Union, by leaving the National Safety to the Mercy of Events.

Much may still be effected towards the Relief of Public Burthens, if an immediate operation is given to the Collection of the General Impost throughout the States; for though its product to the end of the ensuing Year, cannot be in any degree adequate to the Foreign Demands during that period, the Establishment of a productive System of Revenue, expressly appropriated for the discharge of the National Debt would, we trust, give success to Negotiations, for making the future Annual Payments more adequate to the resources of the Union, than they are at present. Under the heavy accumulation of the Foreign Debt, it becomes however peculiarly incumbent on the different States to exert themselves to fulfil that duty, which they owe to their own Character and the Welfare of the Confederacy; 0170 618 by Enacting Laws more efficacious for bringing into the General Treasury their respective Quota's of the present Requisition, than has hitherto been the case.

To effect this great and desirable object, the Wisdom of the respective Legislatures will undoubtedly discover, that the following general principles are essentially necessary.

1 st . That the Taxes intended for the purposes of the Union, should be distinct from those which are Appropriated to the service of the State.

2 nd . That they should (as far as practicable) be simple in their nature, and depend more for their Execution, on the mode of the Tax, than on the diligence of the Officers entrusted with the Collection.

3 rd . That the Sums raised by the Individuals should be paid in like manner, as the Quota's are receivable from the several States; that is to say, That the proportion of Specie pointed out by the Requisition should keep pace with the payment of the Discounts of Interest.

An attention to these principles would undoubtedly promote in a great degree the Collection of the Revenue.

But a far more powerful cause is still remaining, to which the Public Embarrassments as to the object of Finance, are principally to be imputed. The general Balance of our Trade is daily growing more unfavorable. In all Commercial Countries the easy and successful Collection of the Revenue must in a principle degree depend on the favorable state of Trade; and the latter cannot flourish, unless a power is somewhere vested, to cherish those Branches of Commercial Intercourse which are favorable to the Nation, and to check those of a contrary tendency. Both reason and experience demonstrate that this power (however Essential to the Welfare of the Nation) cannot be exercised by the Government of any State.

Hence it is that our Navigation (the surest source of our Wealth and Security) is nearly Annihilated; our Commerce in every part of the Globe obstructed; The Flag of our Nation insulted, and the few Mariners, who venture on the Ocean, exposed to linger out their days in all the bitterness of Captivity, from a barberous and hostile Power.

That a brave and enlightened People, who encountered every hardship and distress, in opposing a System of Government, which they deemed adverse to their Welfare and Liberty, before they had even experienced the Mischeifs, which they foresaw from its establishment, 0171 619 should (whilst the memory of their former Principles and Heroism, is still fresh on their Recollection,) become the Voluntary Suicides of their own Interest, their own happiness, and their own honor, is a circumstance too disgraceful to human nature to admit of Beleif.

By the Union of the several States they have rescued themselves from the Tyranny of a powerful Nation, and Established Constitutions on the free consent of the People, which are the Admiration of the Intelligent and Virtuous part of Mankind; and the firm support of the Civil and Religious Rights of all, who live under the shadow of their influence. But these Constitutions cannot long outlive the Fate of the General Union; and this Union cannot Exist without, adequate Funds to defray the Expences of the Government, and to discharge those Engagements which have been entered into with the Concurrence of the Citizens of all the States, for their common Benefit.

An Appeal, (and too probably a last one) is now made to the Reason, the Justice, and the Interest of the several States. Whatever may be the fate of the Measures submitted to their Consideration for giving Strength and reputation to the Union, The United States in Congress, by Virtue of the Powers of the Confederation, call upon the different Members, to pay into the General Treasury, at the time stipulated, the Quota's laid on them respectively by the present Requisition for the Support of the General Government.

The purposes for which the Monies are to be Appropriated are fairly stated, and the Evils pointed out which will attend a noncompliance.

The delinquent States (if such there can possibly be) must take upon themselves the Responsibility for all those Calamities, which will most assuredly flow from a disregard to the Political Ties which Unite them with the other Members of the Confederacy, and to those Principles of Justice and Good Faith, which can alone Support the Existence of a Free Government.

Samuel Osgood ,

Arthur Lee . 1

1 This report is in the Papers of the Continental Congress , No. 139, folio 93. The letter transmitting it is in No. 140, I, folio 251. According to indorsement it was read August 31 and Monday, September 4, assigned for consideration. “Sept. 7, 1786 Comd d .”.

FRIDAY, SEPTEMBER 1, 1786.

Congress assembled. Present as before.

A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [William] Few, further to postpone the determination of the question which was yesterday postponed by the State of South Carolina: And on the question further to postpone the determination of the question, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Livermore, no no Long, no Massachusetts, Mr. Gorham, no no King, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrance, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no no Hornblower, no Pennsylvania, Mr. Bayard, no no St. Clair, no Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Grayson, ay Monroe, ay ay Carrington, ay Lee, ay North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, ay div. Huger, no Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it passed in the negative.

0173 621

On the question to agree to the motion, the yeas and nays being required by Mr. [William] Few,

New Hampshire, Mr. Livermore ay ay Long, ay Massachusetts, Mr. Gorham, ay ay King, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Lawrance, ay Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, no Harrison, no no Ramsay, no Virginia, Mr. Grayson, no Monroe, no no Carrington, no Lee no North Carolina, Mr. Bloodworth, no no White, no South Carolina, Mr. Bull, no Pinckney, no no Huger, no Parker, no Georgia, Mr. Houstoun, no no Few, no

So it was Ordered , That when a question is set aside by the previous question, it shall not be in order afterwards, formally or substantially to move the same, unless there shall be the same, or as many states represented in Congress.

Board of Treasury , August 31, 1786 .

Sir : In Obedience to the Act of Congress of the 28 th . December last, We do ourselves the Honor of laying before them Copies of sundry Papers, which have been exhibited at this Office by the Hon'ble the Delegates of the State of N. Carolina relative to the conduct of James Hindman Esquire, Commissioner of Public Accounts for that State together with Copies of the Correspondence which has passed betwixt 0174 622 this Gentleman and the Board on the Subject of the above Communications. We have the Honor etc.

Samuel Osgood .

Arthur Lee . 1

1 This report is in the Papers of the Continental Congress , No. 140, II, folio 253. The correspondence referred to is on folios 257–267. According to indorsement it was read September I and referred to a committee September 6.

September 1: The following committees were appointed: Mr. [John Bubenhelm] Bayard, Mr. [Melancton] Smith and Mr. [William] Harrison, on the petition of John Chaloner and Nicholas Shaler for sea-letters for three ships. The petition is in No. 42, II, folio 218, was read this day; the committee reported September 4 and Congress acted thereon September 5.

Mr. [Edward] Carrington, Mr. [John] Henry and Mr. [David] Ramsay, on the report of the Commissioner of Army Accounts on David Henley's memorial. A report was rendered September 4.

Mr. [Arthur] St. Clair, Mr. [William] Houstoun and Mr. [William Samuel] Johnson, on the report of the Board of Treasury on the petition of Samuel Davis. See ante , June 12 and post, February 12, 1787.

Also the petition of James Gibbon was referred to the Commissioner of Army Accounts to report.

Committee Book No. 190

Also was read, according to indorsement, a report from the Board of Treasury, dated August 31, on a memorial from Elisha Ransom, claiming the reward for informing on forgers. The Board analyzed the claim and recommended that it be dismissed. The report is in No. 138, II, folio 281. Ransom's petition is dated February 16, 1785, and is in No. 41, VIII, folio 373.

Also was read, according to indorsement, the report of Ben. Walker, Commissioner of Accounts for Hospital, Clothing, and Marine Departments, recommending denial of the claim of Levi Walker. The report is in No. 31, folio 145.

His Excellency, The President of Congress.

MONDAY, SEPTEMBER 4, 1786. 2

2 At this point Roger Alden begins the entry.

Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from the State of New Hampshire, Mr. [Pierse] Long.

According to order, the Agents for the States of South Carolina and Georgia, attended, in pursuance to the act of Congress, and the notification given the i June, 1785, and 0175 623 produced their Credentials, declaring at the same time, that they had respectively examined each others credentials, and were satisfied with the powers therein contained. The Credentials were then read, and are in the words following, viz.

State of South Carolina .

By His Excellency William Moultrie, Esqr. Governor and Commander in Chief in and over the State aforesaid: To all to whom these presents shall come, be seen or made known, Greeting: Know ye, that John Vanderhorst, Esqr. who certifies the annexed to be a true copy from the original Ordinance of record, in the Secretary's Office of the said State, is Secretary of the said State, therefore all due faith, credit and authority is and ought to be had and given to his proceedings and certificate as such. In faith and testimony whereof, I have hereunto set my hand, and caused to be affixed the Great Seal of the State, in the city of Charleston, this 1st day of August, in the Year of our Lord one thousand seven hundred and eighty six, and of the sovereignty and Independence of the United States of America, the eleventh.

William Moultrie.

By His Excellency's command, Peter Freneau , D y . Sec'y.

With the great Seal of the state Appendant.

State of South Carolina:

At a General Assembly begun and holden at Charleston, on the third day of January, one thousand seven hundred and eighty-five, and in the ninth year of the Sovereignty and Independence of the United States of America, and from thence continued by divers adjournments, to the twenty-second day of March, in the Year of our Lord one thousand seven hundred and eighty-six.

An Ordinance to appoint Commissioners to ascertain and settle the boundaries of this State with the States of Georgia and North Carolina; and to authorize His Excellency the Governor to appoint Agents to act in behalf of this State at the federal court, in the controversy between this State and the State of Georgia, relative to boundary. Be it Ordained by the honorable the Senate and house of representatives, now met and sitting in General Assembly, and by the authority of the same, that three commissioners be chosen by joint ballot to the legislature, which commissioners, or a majority of 0176 624 them, when chosen, shall be, and they are hereby invested with full and absolute power and authority, in the behalf of this State, to settle and compromise all and singular the differences, controversies, disputes and claims, which subsist between this State and the State of Georgia, relative to boundary, and to establish and permanently fix a boundary between the two States; And this state shall and will at all times hereafter, ratify and confirm all and whatsoever the said commissioners, or a majority of them, shall do in and touching the premises, and the same shall be forever binding on this state: Provided always, that the Commissioners to be appointed by the state of Georgia, shall have as extensive powers vested in them by the State of Georgia, as are above vested in the commissioners of this State: And as it may so happen that the said commissioners may not be able to settle and compromise the above differences, but it may be necessary to have the same decided by a federal court: Be it Ordained by the Authority aforesaid, that his Excellency the Governor, or Commander in Chief for the time being, be, and he is hereby empowered to appoint proper persons to prosecute the claim, and to manage the affairs of this State in the federal court, with full power and authority to do, transact, perform and execute all and every such matters and things touching the same, as shall be requisite and necessary; And this State shall and will at all times hereafter, ratify and confirm what shall be so done, transacted, performed or executed: And be it further ordained by the Authority aforesaid, that three commissioners be chosen by joint ballot of the legislature; which commissioners, or a majority of them, when chosen, shall be, and they are hereby invested with full and absolute power and authority, in behalf of this State, to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between this State and the State of North Carolina, relative to boundary, and to establish and permanently fix a boundary between the two last mentioned States: And this State shall and will at all times hereafter, ratify and confirm all and whatsoever the said commissioners, or a Majority of them, shall do in and touching the premises; And the same shall be forever binding on this State: Provided always, that the commissioners to be appointed by the State of North Carolina, shall have as extensive powers vested in them by that State, as are hereby vested in the Commissioners of this State: And be it further ordained by the Authority aforesaid, that His Excellency the Governor, 0177 625 or Commander in Chief for the time being, shall be, and he is hereby empowered to draw upon the treasury for any sum or sums, not exceeding ten thousand dollars, for the reasonable expenses of the said commissioners, and for carrying this ordinance into full execution.

In the Senate house, the twenty-second day of March, in the year of our Lord one thousand seven hundred and eighty-six, and in the tenth Year of the Independence of the United States of America.

John Lloyd , President of the Senate .

John Fauchereaud Grimke , Speaker of the House of Representatives .

State of South Carolina , Secretary's Office .

I hereby certify the foregoing to be a true copy from the original Ordinance of record in this office.

Examined by John Vanderhorst , Secretary .

State of South Carolina, By His Excellency William Moultrie, Esq r . Governor and Commander in Chief in and over the State aforesaid:

To the honorable John Kean, Charles Pinckney and John Bull, Esqrs .

Whereas disputes and differences have arisen and now subsist between the States of South Carolina and Georgia, concerning the boundaries of the said States, and in consequence thereof a Petition of the legislature of this State, praying that a federal court may be appointed conformably to the Articles of the Confederation to decide the same, has been presented to Congress: Whereupon Congress have resolved, that the second Monday of May next, be assigned for the appearance of the said States by their lawful Agents to proceed in the premises as by the said Articles of Confederation is directed. Now know ye, that I, resposing special trust and confidence in the abilities and integrity of you the said John Kean, Charles Pinckney and John Bull, do hereby nominate and empower you, or any two of you, as lawful Agents for and in behalf of the State of South Carolina aforesaid, to appoint Commissioners or Judges, to constitute a Court for hearing and determining the said matter in question between the said States of South Carolina and Georgia, conformably to the Articles of confederation aforesaid: And I do hereby further direct and require, that after such Commissioners or Judges are appointed, and they shall have fixed on a time and place for holding the said court, that you do 0178 626 give sufficient notice thereof to me, in order that the proper persons appointed to prosecute the claim and to manage the affairs of this State in the said federal court, may attend the same. Given under my hand and the Great Seal of the State, in the city of Charleston, this eighteenth day of April, in the Year of our Lord one thousand seven hundred and eighty-six, and of the Sovereignty and Independence of the United States of America, the Tenth.

William Moultrie . 1

1 The original of this commission is in the Papers of the Continental Congress , No. 76, folio 250.

By his Excellency's command, Peter Freneau , Dep'y. Sec'y.

Georgia, By the hon. Edward Telfair, Esq r . Captain General, Governor and Commander in Chief in and over the State aforesaid:

To all to whom these presents shall come, Greeting:

Know ye, that John Milton, Esqr. who hath certified the annexed copy of an Act, entitled “An Act to appoint Agents to defend the fights of the State of Georgia, to certain territories claimed by the State of South Carolina,” is Secretary of the State of Georgia aforesaid, in whose Office the Archives of the same are deposited; therefore all due faith, credit and authority axe and ought to be had and given the said copy by him certified: In testimony whereof, I have hereunto set my hand, and caused the great Seal of the said State to be put and affixed at Augusta, this first day of April, in the year of our Lord one thousand seven hundred and eighty-six, and of our sovereignty and Independence the 10th.

Edward Telfair .

By his Honor's command, J. Milton , Sec'y .

With the great Seal of the state Appendant.

An Act to appoint Agents to defend the rights of the State of Georgia to certain territories claimed by the State of South Carolina.

Whereas the Legislature of the State of South Carolina did present a petition dated the 24th day of March, one thousand seven hundred and eighty-five, to the United States of America in Congress Assembled, stating, that they did claim “the lands lying between the North Carolina line, and a line to be drawn due west from the mouth of the Tugaloo river to the Mississippi, because, as they contend, the river 0179 627 Savannah loses that name at the confluence of Tugaloo and Keowee rivers, consequently that spot is the head of Savannah river,” also, the lands lying between a line to be drawn from the head of St. Mary's, to the head of the Altamaha rivers, the Mississippi river and Florida, as being within the limits of its charter, and not annexed to the State of Georgia, and praying that a federal court might be appointed to hear and determine the dispute and difference between the said two States, relative to the said territory, agreeable to the Articles of confederation and perpetual union between the United States. And whereas the said United States in Congress Assembled, by an act of Congress dated at New-York, the first day of June, one thousand seven hundred and eighty-five, did notify to the Legislature of the State of Georgia, that they had assigned the second Monday in May next for the appearance of the said States of Georgia and South Carolina, by their lawful Agents, to proceed in the premises: Now, that the just rights and jurisdiction of this State to the territories claimed by the State of South Carolina, in their petition above recited, may be properly verified, and such proceedings be had in the premises as the said Articles of Confederation and perpetual Union direct: Be it enacted by the representatives of the freemen of the State of Georgia in General Assembly met, and by the Authority of the same, that the honorable William Houstoun, George Walton and William Few, be, and they are hereby appointed Agents for this State in the dispute and difference aforesaid, on behalf of this State, and they the said William Houstoun, George Walton and William Few, or any two or more of them, are hereby fully authorized and empowered to appear and represent this State, before the United States in Congress assembled, on the second Monday in May next, and at all such other times and places, as they may thereafter direct and appoint, and by joint consent with the Agents or Commissioners for the State of South Carolina in this behalf appointed, to nominate and agree upon such persons as they may think proper to be Commissioners or Judges, to constitute a federal court, finally to determine the dispute and difference aforesaid, between the said States. And if it should so happen, that the said Agents herein before mentioned, or any one or more of them, and the Agents or Commissioners on this behalf, appointed by the State of South Carolina, cannot agree in the choice of persons so to be appointed Commissioners or Judges, to form a federal court, as aforesaid, then the said Agents herein before 0180 628 appointed, or any one or more of them, shall, and they are hereby declared to have full power to name proper persons for that purpose, to be struck and commissioned by the United States in Congress assembled, according to the form pointed out by the Confederation and perpetual Union of the said United States, and to appear before the said court when legally appointed and convened; there to defend and vindicate the rights and Jurisdiction of this State, taking all due and lawful ways and means in their power, that the final issue of the said dispute and difference may be successful for this State; for which purpose they are hereby authorised and empowered to employ and engage all such counsel learned in the law, and all such solicitors as they may think proper and necessary on the trial, and in prosecution of the claim and right of Jurisdiction of this State to the territories in question, hereby confirming and establishing, whatever they the said agents, or any one or more of them, shall or may lawfully do, on behalf of this State in the premises. And be it further enacted by the Authority aforesaid, that the said Agents herein appointed, or any one or more of them, shall, and they are hereby declared to have full power, and are hereby required to examine the records of this State, and take and carry away, so that they may be produced at the trial, all such original papers and records as they may think proper, authenticated under the great seal of this State, or such sufficient authenticated copies of the same, exemplified as aforesaid, as they may deem proper, to be given in evidence on the said trial; and the Officers keeping such Offices, are hereby required to furnish the said Agents or any of them with the same, when called for, without fee or reward.

By order of the House:

William Gibbons , Speaker .

Augusta, 13th February, 1786.

Georgia, Secretary's Office:

I do hereby certify, that the foregoing is a true copy, taken from the Original Act deposited in my office.

J. Milton , Secretary, State of Georgia . 1

1 The certified copy of this act is in the Papers of the Continental Congress , No. 76, folio 256.

On motion of the Delegates of the said States,

Resolved , That the Agents for the States of South Carolina and Georgia be, and they are hereby directed to appoint, by 0181 629 joint consent, commissioners or Judges to constitute a court for hearing and determining the matter in question, agreeable to the ninth of the Articles of confederation and perpetual Union.

On a report of a committee, consisting of Mr. [Rufus] King, Mr. [Charles] Pinckney and Mr. [John] Bull, to whom was referred the Subject of the transportation of the mail for the year 1787,

Resolved , That the Post Master General be, and hereby is authorised and instructed to enter into contracts with sufficient security, for the conveyance of the mails by stage carriages, if practicable, for one year, commencing on the 1st day of January next, from Portland, in Massachusetts, to Savannah, in Georgia; and that the same be done by four or more separate contracts; and in case of only four contracts, the first to extend from Portland to New York; the second from New York to Philadelphia; and third from Philadelphia to Petersburg; and the fourth from Petersburgh to Savannah, by such route as the Post Master General may find most convenient.

Resolved , That the said Post Master General be further authorised and instructed to make arrangements for the transportation of the mail for one year from the 1st day of January, 1787, on the following cross roads, at such stated periods as he shall judge necesary, viz.

From Portland to Pownalborough, in the State of Massachusetts; from Boston, in the State of Massachusetts, to the town of Concord, in New Hampshire; and from thence, through Exeter, to Portsmouth; from Springfield, in the State of Massachusetts, to the city of Albany, in the State of New York; from the city of New York, to the city of Albany, in the State of New York, and from the said city of New York to Danbury, in the State of Connecticut, and from thence to Harftord, in the said State, by the most convenient route. From the town of Baltimore to the city of Annapolis, in the State of Maryland, and from the city of Philadelphia to the town of Vienna, in the State of 0182 630 Maryland; from the city of Annapolis, in Maryland, to Leonardtown, in St. Mary's county, by the route of Upper Marlborough, Piscataway and Port Tobacco. From the town of Alexandria, in the State of Virginia, to the town of Pittsburgh in the State of Pennsylvania, by the route to Leesburgh, Winchester, Fort Cumberland and Bedford; and from the city of Philadelphia to Bedford; from the town of Wilmington to Fayetteville, in the State of North Carolina, by the route of Elizabethtown; from Fayetteville, in North Carolina, to Camden, in South Carolina, and from thence to Charleston, in the same State; and from Camden, by the route of Columbia, to Augusta, in Georgia. Provided always, that nothing in this act contained shall be construed to affect the cross posts heretofore established, which are hereby confirmed. And the Post Master General is hereby farther authorised to farm the exclusive right of conveying the mail on the cross roads above enumerated, or on any of them, to any person or persons giving sufficient security for the faithful transportation of the same, for a term of not exceeding seven years. Provided that the postage of letters or packets upon such cross roads shall not exceed the rates established for the conveyance of such letters, a like distance on the main post road. 1

1 This report, in the writing of Benjamin Bankson, with additions and alterations in that of Rufus King and John Bull, is in the Papers of the Continental Congress , No. 61, folio 533. According to indorsement it was read this day and passed. In No. 36, IV, folio 49, is a motion, undated, in the handwriting of Edward Carrington, which reads: “ Resolved , That the Post Master Genl. be authorized and directed to make contracts with the Masters and Owners of Stage Coaches on the Post roads through ye U.S. for the transportation of the Mail whenever the same can he effected at the rate of on terms not exceeding dollars pr mile annually for three mails a week.”

On Motion of Mr. [John] Lawrance, seconded by Mr. [Melancton] Smith,

Resolved , That the Comptroller, in settling the accounts of Joshua Mersereau, be directed to pass to his credit, all such necessary sums of money as may appear to have been disbursed by him in the hire of John Mersereau, as an assistant, while acting as Deputy Commissary of Prisoners.

Resolved , That the Comptroller be directed, in settling the accounts of Joshua Mersereau, to allow such travelling 0183 631 charges as were necessarily incurred in the execution of his Office. 1

1 This motion, in the writing of John Lawrance, is in the Papers of the Continental Congress , No. 19, IV, folio 67.

On motion of Mr. [John] Lawrance, seconded by Mr. [Melancton] Smith,

Resolved , That the Commissioner of Army Accounts settle the pay due to William Smith, as an Assistant Engineer, from the first day of January, to the first day of November, 1776. 2

2 This motion, in the writing of John Lawrance, is in No. 19, V, folio 361. It is headed by Roger Alden: “on report of Commr. of Army Accounts.”

[Motion of M r . King]

That the Sec y . of Congress inform M r . S. H. P. that it is the expectation of congress that he does not longer delay in proceeding to the adjustment of the claims of the State of virginia under his appoint t . of the day of

The Committee [consisting of Mr. John Bubenheim Bayard, Mr. Timothy Bloodworth and Mr. John Bull] to whom was refer'd the Petition of Capt. John Paul Short, beg leave to report: That they have consider'd said petition and conversed with Capt. Short thereon, and are of Opinion that as the petitioner by various Accidents and Misfortunes has lost his Vouchers for the Expenditure of the Money deliver'd Him from Time to time by the Paymaster Genl. for recruiting and pay of His Company that He be credited for the Same upon His declaring upon Oath that He has paid the Sums wherewith He stands charged, whereupon the Committee submit the following resolution. 4

4 This report, in the writing of John Bubenheim Bayard, is in the Papers of the Continental Congress , No. 19, V, folio 293. According to indorsement it was read this day. The resolution submitted was adopted September 5 and is spread verbatim on the Journal of that date.

4 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 36, III, folio 295. According to indorsement it was referred to the Secretary of Congress to take order, on September 4. Thomson's letter to Samuel Holden Parsons, in pursuance of this order, is in the Secretary's Letter Book, No. 18 B, under date of September 5.

0184 632

The Committee consisting of [Mr. Edward Carrington, Mr. William Henry and Mr. Nathaniel Ramsay] to whom was referred the Memorial of David Henley together with the report of the Commissioner of Army Accounts thereupon, report the following Viz. That the said Report of the Commissioner of Army Accounts be agreed to as follows:

It appears to your Committee from the memorial of the said David Henley that he was not included in the Arrangement of the Army which took effect under the Resolutions of March 9 th ., 1779.

That by a Resolve of the 24 th . Nov., 1778, all officers which had been, or might thereafter be, by the alteration of the establishment of the Army, omitted in the arrangement thereof, were allowed one year full pay as a Compensation provided until they could return to civil life with advantage. That no other provision was made for deranged Officers until the Resolves of the 21 st . October, 1780, which gave all Officers who should be deranged by the arrangement therein directed to take effect, half pay for life, in lieu whereof the commutation of five years full pay was afterwards given. From the foregoing statement it appears to your Com. that as Col o . Henley's derangement took place before the provision of the 21st of October, 1780, he can have a claim for nothing more than that contained in the Resolution of the 24th of Nov r ., 1778. Whereupon the following Resolution is proposed, Viz:

That the Com. of Army Accounts be directed to allow and pay to the said David Henley one years full pay upon his Commission as Col o . in the service of the U.S. in pursuance of the Resolve of the 24 November, 1778. 1

1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 62, folio 162. According to indorsement it was passed September 5.

The Commissioner for Settling the accounts of the army to whom was referred on the 28 th . of June last the petition of Dun Campbell, begs leave to report:

That Mr. Campbell has exhibited an account No. 1 for expences, on an expedition ordered by General Arnold, amounting to Seventeen pounds, One shilling and 3 d . which account your Commissioner begs leave to observe, has been already paid in a settlement made by Mr. Campbell at Albany in May, 1777. [Acknowledged a duplicate.]

0185 633

That he exhibits the account No. 2 and 3 for advances made to his men in Canada, amounting to one hundred and thirty-seven Dollars, which your Commissioner is of Opinion cannot be allowed, not only for want of Vouchers, but because that in a Settlement made with the petitioner at Crown Point in July, 1776, there was paid into his hands, the whole pay due to his Company by which he was enabled to Reimburse himself for his advances to the men then present, but he had also allowed to him expressly such sums as he himself said he had advanced to those left behind him in Canada.

That he exhibits the account No. 4 amounting to One hundred and ten pounds N. York Currency, being advances made in Canada, for enlisting men, furnishing them with arms and provisions, and paying their ferryage, on which your Commissioner has to observe, that it appears somewhat extraordinary, that it should not have beer produced at the times, when Mr. Campbell Settled for and Received payment for his other advances in Canada and that there is no voucher produced of his payment of the money, which has caused your Commissioner to doubt the propriety of admitting the same without more Satisfactory evidence.

The charge included in it £21.12.0 for Bounty the Commissioner has not particularly excepted against, because it appears that the men were enlisted and that General Arnold authorised the payment, in other respects it is, however, Subject to the same objections as the other charges in this account.

All which is humbly Submitted.

Jn o . Pierce . 1

1 This report is in the Papers of the Continental Congress , No. 62, folio 149. According to indorsement it was read September 4 and referred to Mr. [Nathaniel] Ramsay, Mr. [Edward] Carrington, and Mr. [Arthur] St. Clair. Committee Book No. 190 states that this committee reported September 14. Roger Alden's indorsement further shares: “Act on report of Committee passed 19 th . Sept., 1786, filed. See Mem. Sept., 1788, and Report b d . treasury Sep t . 16 th ., 1788.”

Office of Army Acc ts . , Sept. 1 st ., 1786.

[Motion Mr. St. Clair]

Whereas the Board of Treasury in their Report of June 6th. last upon the Petition of Michael Smyser seem to have considered Mr. Smyser as applying for relief in his own Person, and that he might 0186 634 be put in a situation to do Justice to his Creditors, in the Business reffered to in the Petition, while the Creditors are realy Soldiers who have been furnished with Arms by sundry Inhabitants upon their personal Contracts, and obliged to pay for the same out of their own pockets, and are the People to be relieved, Mr. Smyser having been an agent only, therefore resolved that the Petition of the said Michael Smyser together with the Report of the Board of Treasury be referred back to that Board for reconsideration. 1

1 This motion, in the writing of Arthur St. Clair, is in the Papers of the Continental Congress , No. 138, II, folio 333. According to Committee Book No. 190 , the report of the Board, together with St. Clair's motion, was referred back to the Board of Treasury to report. A report was rendered March 21, 1787.

Also was read, according to indorsement, a letter from the Board of Treasury, dated August 31, regarding the felony of John Phelon, a clerk in the office of the Commissioner of Army Accounts, and referred to the Secretary for Foreign Affairs to report. He reported September 7. The Board's letter and accompanying papers are in No. 140, II, folios 271–279.

TUESDAY, SEPTEMBER 5, 1786.

Congress assembled. Present as yesterday.

On the report of a committee, consisting of Mr. [Edward] Carrington, Mr. [William] Henry and Mr. [Nathaniel] Ramsay, to whom was referred a memorial of David Healy, together with a report of the commissioner of Army Accounts thereon,

Resolved , That the commissioner of army accounts be, and he is hereby directed to allow and pay to the said David Henly, one year's full pay upon his commission as a colonel in the service of the United States, in pursuance of the act of 24 November, 1778.

On a report of the board of treasury, to whom was referred a memorial of R. Morris, late Superintendant of the finances of the United States, of the 23 September, 1785,

Resolved , That the board of treasury be, and they hereby are authorised to appoint either the Comptroller of the treasury, or such other suitable person as they may think proper, to adjust, on the part of the United States, with any person 0187 635 duly authorised on the part of the State of Pennsylvania, the quantity of Specific supplies for which that state should obtain credit, by commuting the cash received from their Agent, and expended for the general service of the United States, into the specific supplies required, in order that the account of that State, for such supplies, may be finally adjusted.

On the report of a committee, consisting of Mr. [John Bubenheim] Bayard, Mr. [Timothy] Bloodworth and Mr. [John] Bull, to whom was referred a petition of John Paul Schott, late a captain in the service of the United States,

Resolved , That the pay master general be, and he is hereby directed, in the settlement of the Accounts of John Paul Schott, late a captain in the army of the United States, to pass to his credit such sums of money as he shall declare upon oath he hath paid for the recruiting and pay of his company, he having, by various misfortunes and accidents, lost the vouchers for the same.

The committee, consisting of Mr. [John Bubenheim] Bayard, Mr. [Melancton] Smith and Mr. [William] Harrison, to whom was referred a petition of John Chaloner and Nathaniel Shaler, praying for sea letters for sundry vessels bound to the East-Indies, having reported, “That they are assured that the ships, with their Cargoes, belong to a citizen of the United States, and are navigated by Seamen who are citizens of the United States,”

Resolved , That Sea letters, in the usual form, be granted for the following ships, namely,

The Ship Betsy , Captain Jonathan Elligood, now lying at Baltimore, in the State of Maryland, and bound to the coast of Malabar, in the East Indies:

The Ship Leda , Captain Nicholas Gardner, now lying at Boston, in the State of Massachusetts, and bound to the coast of Coromandel:

0188 636

The ship Hope , Bayly Warren, Master, now lying at Norfolk, in the State of Virginia, and bound for Canton, in China.

[Motion of Mr. King.]

Resolved , That the authority of the Commissioners appointed to settle the accounts between the U.S. and individual States from and after the day of terminate and cease.

Resolved , That a Board consisting of members be appointed who shall and truely are invested with all the powers and authorities of the afores d . Commissioners.

Resolved , That said Board be and hereby axe farther authorised and empowered to execute the Duties of the resolve of the day of in the Settlement of the public Acc ts . of the late Superintendant of Finance.

Resolved , That there be allowed to each member of the said Board a Salary at the rate of Dollars annually.

Resolved , That the commission of the sd. board continue in force years and no longer.

Resolved , That where any State has claims ag t . the U.S. not authorized or sanctioned by existing Resolves of Congress, the same shall be laid before the afores d . board with[in] years, who shall examine the same and Report such decision thereon to Cong. as shall accord with Justice and Equity. 1

1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 26, folio 623. According to indorsement it was referred to the committee of August 9 on King's motion of that day. Committee Book No. 190 notes that the August 9 committee was renewed September 5.

[Motion of delegates of Virginia]

Resolved , That the powers Authority of the Commissioners heretofore appointed to adjust and Settle the Accounts between the United States and individual States, shall from and after the day of next terminate and cease.

R ., That a Board to consist of Members be appointed who shah be and hereby are invested with all the powers and authorities exercised by the said Commissioners and shall sit where Congress may direct.

0189 637

And whereas from the irregular necessities and demands of the service, and various other causes, expenditures have been made in several of the States for the use of the Union which are not sanctioned by Resolutions of Congress or orders of Officers qualified to give authority to them, and in other more fortunate States similar expenditures are so Sanctioned, and it is just and right that all expenditures bona fide, made for the Common good, be now confirmed and brought into the Common debt. Therefore

Resolved , That the said Board be and are hereby authorized and directed in all cases of claims for expenditures, in their nature and circumstances, similar to those which stand covered by any particular or general Resolution of Congress, to admit and adjust the same notwithstanding any defect as to legal authority.

And in cases where no written Vouchers are or can be produced, and the Board shall receive satisfactory evidence that such Vouchers have been destroyed or unavoidably lost, or that from circumstances of the case they have never been obtained, they may receive such other evidence as shall be satisfactory to them, but the best that the nature and circumstances of the case will admit of, and at their discretion may examine on oath any person or persons they may think fit, respecting the claims which shah be exhibitted for settlement, whether accompanied with written Vouchers or not, when the other evidence is not sufficient to satisfy them of the truth or justice thereof.

Resolved , That all claims which shah be exhibitted to the said Board for settlement not in their opinion, admissable upon the principles established for their government, shall by them be reported to Congress with the circumstances and evidence attending the same, and their opinion thereupon, for final decision.

R ., That each of the said Commissioners be allowed and paid dollars per diem while they shall respectively attend upon their duties of their appointment including the time of travelling to and from the place of their sitting. 1

1 This motion, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 26, folio 627. According to indorsement; it was referred to the same committee to which King's motion, ante, was referred, with Carrington, Mr. [William] Henry, and Mr. [John] Kean added. Both the indorsement of Carrington's motion and Committee Book No. 190 note, apparently, that Rufus King was dropped from the committee. A report was rendered September 18.

In Carrington's motion the 3 d ., 4 th ., and 6 th paragraphs have a pen line through them, which seems to have been added after the motion was made.

September 5: The following committee was appointed: Mr. [John Bubenheim] Bayard, Mr. [William] Harrison, Mr. [William] Henry, on the “Report of Com r of Army Acco ts . on Mem l . A. Baird.” This committee “disch d . referred to another Com ee . 12 Feb. y .” [1787].

Committee Book No. 190 .

WEDNESDAY, SEPTEMBER 6, 1786.

Congress assembled. Present, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long, and from Massachusetts, Mr. [Nathaniel] Gorham.

On a report of the board of treasury,

Resolved , That when the Agents, appointed to issue certificates for the balances due to the corps of the late army not appertaining to any State, shall produce to the Comptroller of the treasury, a certificate from the Commissioner of Army Accounts, purporting the final adjustment of their Accounts and the Amount of the certificates by them respectively issued, there be allowed and passed to their several credits on the books of the treasury, a commission of one per cent. on the amount of the certificates by them respectively issued. 1

1 September 6: The following committees were appointed: Mr. [Melancton] Smith, Mr. [John Cleves] Symmes and Mr. [John Bubenheim] Bayard, on the “Report on pet. Elijah Hunter.” A report was rendered October 16. This was a renewal of the committee of July 22, 1785, on the same petition.

Mr. [William] Harrison, Mr. Edward Carrington and Mr. Henry Lee, on the petition of John Lesure and Nathan Watkins and “reports of Com r of army acco ts .” on same. A report was rendered September 14. Lesure's petition, dated September 5, is in No. 42, IV, folio 414. The reference to a committee was in accordance with the report of the Secretary of Congress on same, September 6. The Secretary's report is entered in No. 180, Reports of the Secretary of Congress .

Mr. [Henry] Lee, Mr. [William] Few and Mr. [Timothy] Bloodworth on “Letter of board of treas r . relative to James Hindman.” See ante , September 1; a note, added at some later unknown date by Thomson, is: “discharged.”

Mr. [Henry] Lee, Mr. [Arthur] St. Clair and Mr. [John] Bull, “To form a system of Etiquette to be observed at the court of the U.S.” This was a renewal of the committee of August 19, 1785, on the motions of Mr. [Elbridge] Gerry and Mr. [Charles] Pinckney. A report was rendered September 18.

Mr. [Edward] Carrington, Mr. [Timothy] Bloodworth and Mr. [William] Harrison on “A Motion for reprinting Journals of 1777, 1780, 1781–2.” A report was rendered September 13. [The motion was made by Timothy Bloodworth.]

A petition of Joseph Cone, deputy quarter master, for settlement of his accounts, was referred to the Board of Treasury. Committee Book No. 190 .

Also, according to indorsement, was read a letter of September 5 from the Board of Treasury, reporting that Job Sumner, Commissioner of Accounts for the State of Georgia, had absented himself from his post without leave, and the reasons therefore. It is in No. 138, II, folio 429. See post , September 7.

THURSDAY, SEPTEMBER 7, 1786.

Congress assembled. Present as yesterday.

On the report of a committee, consisting of Mr. [Edward] Carrington, Mr. [John Cleves] Symmes and Mr. [Nathan] Dane, to whom was referred a petition of Robert Patton.

Resolved , That Robert Patton be allowed and paid in full for extra services to this time, the sum of two hundred and eighty-three dollars and thirty-ninetieths of a dollar, deducting therefrom one hundred and eighty-five dollars already paid him, and that the board of treasury take Order herein.

On reports of the Secretary at War, to whom was referred the petitions of Caleb Bruen and Thomas Pool,

Resolved , By 9 States That the board of treasury pay to Caleb Bruen, the sum of three hundred dollars, as a compensation for his services and sufferings in the cause of the United States during the late War.

Resolved , By 9 States That the board of treasury take Order for the payment of one thousand and ninety-seven dollars, to Mr. Thomas Pool, as a reward for the personal and pecuniary injuries he sustained in the service of the United States during the late War.

0192 640

Office For Foreign Affairs , 6 th . Septem r , 1786 .

The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of 31 st . Ul t . from the Honorable the Commissioners of the Treasury to his Excellency the President of Congress, with Papers therein mentioned, reports;

That from the said Letter and papers it appears, that John Phelon a confidential Clerk in the Office of John Pierce, Esq r , Commissioner of Army Accounts, had absconded; and that there is Reason to believe he was gone to Canada. That there is also Reason to suppose, that he had taken some of the certificate paper of that Office, and counterfeited thereon the Securities of the United States.

On this Case the first Question seems to be, whether it would be proper to apply to the Governor of Canada to permit and facilitate the Apprehension of Phelon, within his Province; and secondly whether it should be on the Ground of Right or of Favor.

In the Opinion of your Secretary the Laws of Nations do not impose a perfect Obligation on the Sovereign into whose Dominions such an Offender may fly, to deliver him to the one against whom he had Committed the Offence. He therefore thinks no such application should be made on the Ground of Right.

If Nations were by general Consent to refuse an Asylum to each others fugitive Offenders, and on Requisition deliver them up to Justice, it would doubtless much discourage the Commission of Crimes. If such a Practice would be beneficial to Society in general, it could not be improper for any particular Nation to set the Example and begin it, and as the United States border on extensive Dominions of the King of Great Britain, a proper Agreement on this Subject might be convenient and useful to both. On these and similar Considerations, a Request in the present Case to the Governor of Canada might be founded and be adviseable, were it not for some Objections of considerable Weight.

It is probable that without particular Instructions from his Court, the Governor would not conceive himself authorized to comply with such a Request, and Prudence restrains Sovereigns from making Requests while they have Reason to doubt the Success of them.

But admitting that his britannic Majesty, or any other Sovereign, or their Governors, would on such a Request comply with it, yet, as it would be improper for one Nation to ask that of another, which 0193 641 under similar Circumstances they could not grant, it may be well to look forward and enquire what Congress would do with a Request of the same kind. Have they Power to cause any such Offender to be apprehended and delivered to the offended Sovereign? If they have not, can they rely on the invariable Compliance of the individual States, with their Recommendations for that Purpose? Your Secretary thinks that neither is the Case, and that no Request should be made to the Governor of Canada respecting the Fugitive in Question.

With respect to such other Measures as it may be expedient to take on the Occasion, your Secretary is of Opinion that the same should be referred wholly to the Discretion of the Honorable the Commissioners of the Treasury, and that they be authorized to offer a Reward of Dollars for the Apprehension of the said John Phelon.

All which is Submitted to the Wisdom of Congress.

John Jay . 1

1 This report is in the Papers of the Continental Congress , No. 81, II, folio 175. According to indorsement it was read September 7. Committee Book No . 189 states that it was transferred.

September 7: The following committees were appointed: Mr. [William Samuel] Johnson, Mr. [William] Henry, Mr. [John] Kean, Mr. [Edward] Cartington and Mr. [Melancton] Smith, on the Address to the States. A report was rendered October 6. See ante , August 31.

Mr. [John Bubenheim] Bayard, Mr. [William] Hindman and Mr. [Arthur] St. Clair, or, “Report of board of treasury on memorial A. Caldwell.” This was a renewal of the committee of May 30. Report was rendered September 14.

The letter of September 6 from Job Sumner and the report of the Board of Treasury thereon was referred back to the Board which reported September 18.

Committee Book No. 190 .

Also, according to indorsement, was read a letter of September 6 from the Secretary for Foreign Affairs, forwarding letter from Colonel William Stephens Smith regarding Spain. It is in No. 80, III, folio 61.

Also was read two letters of September 7 from the Secretary for Foreign Affairs, relative to a letter from Thomas Barclay giving French port expenses of American and Spanish vessels, and concerning the application of Christian Andrew Tilebein for appointment as consul at Barcelona. Jay's letters are in No. 80, III, folios 65 and 69, respectively.

MONDAY, SEPTEMBER 11, 1786.

Congress assembled. Present, Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, and Georgia; and from New Hampshire, Mr. 0194 642 [Pierse] Long; from Massachusetts, Mr. [Nathaniel] Gorham, and from Pennsylvania, Mr. [John Bubenheim] Bayard.

The Agents of the state of South Carolina, report:

That the agents of the States of South Carolina and Georgia, have not been able to agree upon the appointment of Judges, and the fixing the time and place for holding the Court for hearing and determining the matter in question between the said states, and thereupon,

The Agents of South Carolina pray, That Congress will proceed on Wednesday next, to strike a court agreeable to the confederation, for the trial of certain territorial claims between the states of South Carolina and Georgia, to be held at such time and place as Congress shall determine, immediately after the appointment of the judges to constitute the said court.

Ordered , That the Agents for Georgia be furnished with a copy of the said report and prayer.

The Grand Committee consisting of [M r . Pierse Long, M r . Nathaniel Gorham, M r . Stephen M r . Mitchell, M r . John Lawrance, M r . John Cleves Symmes, M r . John Bubenheim Bayard, M r William Harrison, M r . Edward Carrington and M r . John Kean] who have had under their consideration the plan for regulating the Militia of the United States (submitted to Congress by their secretary of war), having fully examined the same, are of opinion That it be recommended to the respective States for their Adoption, it being such a system of Military regulation, as will if carried into execution not only put their Militia upon a very respectable but formidable footing. 1

1 This report, in the writing of Pierse Long ?, is in the Papers of the Continental Congress , No. 27, folio 313. According to indorsement it was read September 11. Committee Book No. 189 notes that it was transferred. See ante , April 4.

The Board of Treasury to whom the Petition of Captain John Paul Schott was referred on the 18 th . August, last, praying that he may be paid in Specie for the Balance due on a Settlement of his Claims against the United States with the Commissioner of Army Accounts, beg leave to Report:

That, since the above Reference a Settlement has been made with the Memorialist by the said Commissioner, and a Certificate issued to him for the Balance, being Two hundred and sixty-five Dollars, and Eighty-Ninetieths of a Dollar.

0195 643

As neither the State of the Finances, or the peculiarity of Mr. Schott's case, will in the opinion of this Board, admit the payment of the above Balance, in a manner different from the General line of Settlement to the late Army, the Board submit to the consideration of Congress the following Resolve:

That Captain John Paul Schott be informed, that the Prayer of his Petition cannot be complied with. On that part of the Memorial which relates to the issue of a Brevet Commission to the said Captain John Paul Schott as a Major in the late American Army, The Board are of Opinion,

That the same be referred to the Secretary at War.

All which is humbly Submitted. 1

1 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress , No. 138, II, folio 369. According to indorsement it was acted on September 12.

September 11 th , 1786.

Whereas several of the states in the Union have from the peculiar circumstances of their situation been obliged to assume debts due from the United States to individuals, citizens of the said states for supplies furnished for the use of the federal army from the first day of January, 1780, in the settlement of which doubts have arisen with the commissioners of the United States respecting the powers given them under subsisting resolutions of Congress to settle and adjust the said claims upon the same principles as if they had remained in the hands of the individuals.

And Whereas it is just and reasonable that the demands of a state arising as aforesaid from assumptions of debts due from the United States to individuals for supplies furnished the federal army should be liquidated and settled upon the same principles as other demands against the Union: Therefore

Resolved , That where supplies have been furnished by individuals for the use of the army of the U.S. from the last day of January, 1780, and have been assumed by any state, the commissioner for settling the accounts of such state with the U.S. is hereby authorised and instructed to liquidate such claims upon the same principles as tho' they had remained in the hands of the individuals and admit them as a charge against the U.S.: provided that nothing contained in this resolution shall be taken or construed to prejudice or effect, 0196 644 the resolutions of February 25 and of the 1 st of June, 1780, or any other resolution allowing a state payment for supplies furnished to the United States. 1

1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 26, folio 631. According to indorsement it was referred to Mr. [Melancton] Smith, Mr. [Pierse] Long, Mr. [William Samuel] Johnson, Mr. [John] Bull, Mr. [Edward] Carrington, Mr. [William] Henry, and Mr. [John] Kean. According to Committee Book No. 190 a report was rendered September 18. See ante , September 5.

The Committee consisting of Mr. [Rufus] King, Mr. [William] Grayson and Mr. [Charles] Pinckney to whom was referred a report of the Secretary for foreign affairs on a note from the Encargado de negotios of his catholic majesty of the 30 th . June, Report that in their opinion it should be:

Resolved , That the United States are sincerely disposed to conduct their negotiations with his catholic majesty with the greatest candor and good humour and if possible to terminate them by a treaty founded on such principles of equality and perfect reciprocity as may perpetuate the peace and friendship which happpily subsists between them and his subjects and their citizens.

Resolved therefore , That unless all questions relative to the boundaries of Florida shall (as they hope will be the case) be settled by mutual agreement, the United States will cheerfully consent and be ready to appoint commissioners who together with others to be appointed by the Court of Spain shall proceed with all convenient dispatch to precisely fix and determine the boundaries of respective powers agreeable to those mentioned in the definitive treaty of peace between his Britannic Majesty and the United States.

And as it is the earnest wish and desire of the U.S. that these proceedings may be carried on in the most friendly manner and may not be interrupted or impeded by any offensive or irritating measures on either side, it is farther

Resolved , That a copy of the above mentioned note be transmitted by the Secretary for foreign Affairs to the Government of Georgia and that he be informed That Congress have received with regret repeated complaints of the conduct of some people in that state towards the Spaniards and that they hope and expect such measures will be taken as may prevent the like in future.

Resolved , That the State of Georgia be farther informed, that the liberality and friendship of his catholic majesty manifested in many 0197 645 recent instances towards the U.S. leave no room to apprehend that he wishes to adhere to any claims of territory other than those fixed and determined by the definitive treaty with G. Britain as the boundaries between the U.S. and the Floridas, or to extend his dominion at the expence of that justice and magnanimity for which he is signalized.

That the U.S. ( however tenacious of and determined to assert their just rights ) have still confidence in the integrity and set a high value on the friendship of his catholic majesty, they are exceedingly anxious to evince the reality of these sentiments by a correspondent conduct and to restrain and punish all such excesses of rash and inconsiderate adventurers as may give just cause of umbrage to the Spanish government.

Ordered , That a copy of the above resolutions be given to the said Encargado de negotios. 1

1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 25, II, folio 463. According to indorsement it was read September 11.

September 11: The following committee was appointed: Mr. [Charles] Pinckney, Mr. [Melancton] Smith, Mr. [Josiah] Hornblower, Mr. [John] Kean and Mr. [Edward] Carrington, on the report of the committee respecting the Algerines. This committee was renewed February 12, 1787. See ante , August 8.

Also the “Memorial of Capt. Grig to be admitted to the benefit of an Invalid” was referred to the Commissioner of Army Accounts to report and a report rendered September 14. Gregg's memorial is in No. 41, III, folio 550. According to indorsement it was read September 11 and “Sept 21st. Received from the Secretary of Congress a Certificate which came enclosed in the memorial. James Gregg.”

Also the Board of Treasury was directed to take order on “Their letter of 9, stating that they find that it will be probably necessary that authority should be given by Congress to the Comptroller of the treasury of the U.S. to unite in chusing an umpire in case he shod not be able to agree on an adjustment of the Acco t . with the person for such purpose appointed on the part of the State of Pennsylv a . That sho d . the U.S. in Congress approve this measure they (the b d . of treas y .) will give instructions to the Comptroller of the treas y to agree to such an Appointm t . if circumstances should in his Opinion render it expedient.”

Committee Book No. 190 .

Also, according to indorsement, a memorial of George Fisher for depreciation due him, was read. It is in No. 42, III, folio 147.

Also, was read a letter, dated August 13, from Thomas Hutchins, reporting conditions on the frontier and survey work in the Western Territory. It is in No. 60, folio 249.

TUESDAY, SEPTEMBER 12, 1786.

Congress assembled. Present, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long, and from Massachusetts, Mr. [Nathaniel] Gorham.

On the report of a Committee, consisting of Mr. [Charles] Pinckney, Mr. [John Bubenheim] Bayard and Mr. [William Samuel] Johnson, to whom was referred a report of the commissioner of Army Accounts, on the memorial of the rev d . Robert Smith,

Resolved , by 9 States, That the board of treasury take Order for paying to the rev d . Robert Smith, the sum of three hundred and forty-five dollars, being for eleven months and an half pay, as one of the Officers of the hospital department, detained in Charleston after its surrender to the British troops, in consideration of the extra expences incurred by him in the performance of his duty as chaplain to the Southern hospital.

On a report of the board of treasury, to whom was referred a memorial of Cornelius Decker,

Resolved , That if the matter set forth in the memorial of Cornelius Decker, should, on a proper enquiry by the Commissioner of the loan Office for the state of New York, be found well supported, the said Commissioner be directed to cancel the certificate issued to the said Cornelius Decker on Account of monies by him deposited in the said Office, and to issue another for the same Amount, bearing date at the time the monies were loaned, taking care to endorse the interest, if any, which has been paid on the certificate by him cancelled.

0199 647

Office Of Secretary Of Congress , Sep. 12, 1786 .

On the petition of Geo. Fisher heretofore employed in baking hard bread for the army stating his losses by means of the payments made him in depreciated money &c.; and

On the petition of Edward Tuckerman in behalf of Jane Richardson wife of James Richardson, praying that a certificate of the balance due to said James Richardson may be delivered to him for the use of the said Jane as her husband has been absent from his family a long time and has not been heard of for 18 months past; and

On the petition of Rich d . Lloyd praying that the I pt. cent granted by the Resolution of the 6 th to the Agents of regiments not belonging to any particular State, may be paid in cash as soon as the finances of the U. S. will admit.

The Secretary of Congress reports:

Agreed . That the petition of Geo. Fisher, be referred to the board of Treasury.

Agreed That the petition of Edward Tuckerman be referred to the board of treasury.

Agreed 12 Sept. That the petition of Rich. Lloyd be referred to the board of treasury. 1

1 This proceeding is entered by Thomson in Reports of the Secretary of Congress , No. 180. Fisher's petition, dated September 11, is in No. 42, III, folio 147. According to Committee Book No. 190 a report was rendered February 3, 1787.

Office for Foreign Affairs , 18 August, 1786 .

The Secretary of the United States for the Department of Foreign Affairs, to whom was referred back his report of 4 July, 1785, on the Consular Convention between France and the United States, Reports:

That in his opinion a Copy of that report should be transmitted to the Minister plenipotentiary of the United States at Paris, in order that he may thereby become fully informed of the objections to which the Convention is liable.

That a Certified Copy of the Act of Congress of the 25 day of January, 1782, authorizing and directing the Honble: D r . Franklin to conclude a Consular Convention be also sent to him.

That a certified Copy of the Scheme of such Convention, referred to in the above Act of Congress, be also sent to him.

That he be instructed to communicate the said Act of Congress, and the said Scheme, to his most Christian Majesty and to point out 0200 648 to him the instances in which the Convention deviates from the said Scheme.

That he be also instructed to propose to his Majesty that the said Convention be so amended, as perfectly to correspond with the Scheme in every part where a deviation from the same is not permitted by the said Act, and further that he represent to his Majesty, the desire of Congress to make the said Convention probationary, by adding a Clause for limiting its duration to eight or ten years.

That he assure his Majesty of the determination of Congress to observe on all occasions the highest respect for Candor and good faith in all their proceedings, and that on receiving the Convention so amended, and with such a Clause, they will immediately ratify it.

Your Secretary thinks it should also be resolved, That the Hon ble . Thomas Jefferson Esq., the Minister plenipotentiary of the United States at the Court of Versailles be, and he hereby is authorised and directed, to conclude and sign on the part of the United States, with the Minister of his Most Christian Majesty having equal powers, a Convention for the regulation of their respective Consuls, conformably to the Scheme abovementioned, in every respect except where deviations from it are permitted by the said Act of Congress of the 25 day of January, 1782, and with a Clause limiting the duration of the said Convention to any term of years not exceeding ten.

Your Secretary thinks he should be directed to write the following Letter to Mr Jefferson:

“ Sir : I have the honor of transmitting to you herewith enclosed the following papers to wit:

“N o . 1. A Copy of the Consular Convention signed by the French and American plenipotentiaries.

“2. A Copy of the Act of Congress under which the American plenipotentiary signed the same.

“3. A Copy of the Scheme of a Convention mentioned and referred to in the said Act.

“4. A Copy of a Report on the said Convention.

“5. A Copy of an Act of Congress, containing instructions and giving authorities to you on the subject of the said Convention.”

These papers will possess you fully of the whole business. I am persuaded that it will appear to you as it does to Congress, to be a delicate one, and to require delicate management.

The original Scheme of the Convention is far from being unexceptionable, but a former Congress having agreed to it, it would be 0201 649 improper now to recede; and therefore Congress are content to ratify a Convention made Conformable to that Scheme, and to their Act of the 25 day of January, 1782, provided a Clause limiting its duration be added.

It will be proper therefore to press on the Court, only such objections to the Convention, as arise from its departure from the Scheme. On making an accurate comparison, such departure will appear manifest to his Majesty, and there is reason to expect from his candour, that he will readily consent to remove the objections occasioned by it.

As it certainly is wise to try the merits of Institutions entirely new, by actual experience, before nations adopt them forever, the propriety of rendering this Convention probationary in the first instance, is unquestionable. Congress cannot therefore presume that his Most Christian Majesty will object to a Clause for limiting its duration. The design of this Convention being for mutual and reciprocal benefit and convenience, it would be doing injustice to his Majesty, to suppose that he would wish to provide for its existing longer than it should prove useful and satisfactory.

If after the experience of a few years it should be found to answer the purposes intended by it, both parties will have sufficient inducements to renew it, either in its present form, or with such alterations and amendments as time, experience, and other circumstances may indicate.

I have the honor &c., &c., &c. 1

1 This report is in the Papers of the Continental Congress , No. 81, II, folio 145. According to indorsement it was read September 12 and referred to Mr. [William Samuel] Johnson, Mr. [Arthur] St. Clair, Mr. [Charles] Pinckney, Mr. [William] Henry, and Mr. [Henry] Lee. Committee Book No. 190 states that this committee was discharged October 2.

September 12: The following committees were appointed: Mr. [William] Henry, Mr. [Arthur] St. Clair and Mr. [William Samuel] Johnson, on “Capt. Allen McLean's Acco ts . and observations thereon by the Com r . of Army Acco ts .”. This committee was renewed February 12, 1787. See post , October 18.

Mr. [John] Kean, Mr. [Arthur] St. Clair and Mr. [Charles] Pinckney, on “a draught of a deed of Cession of Connecticut's claim to Western territory.” A report was rendered September 14. The draft is in No. 30, folio 507.

Mr. [Edward] Carrington, Mr. [John Bubenheim] Bayard and Mr. [William Samuel] Johnson, on the “Petition of D. Henley for paymt of certain expences.” Report was rendered September 19. Henley's petition is in No. 42, III, folio 562.

Also “So much of petition of John P. Short as relates to the issue of a brevet of Major” was referred to the Secretary at War to report.

Also the “Petition of And. McFarlane for year's pay as deranged Officer” was referred to the Commissioner of Army Accounts to report. McFarlane's petition of April 14, is in No. 42, V, folio 375.

Also the “Sentence of a court martial on John Van Vorhees” was referred to the Secretary at War to report.

Committee Book No. 190 .

WEDNESDAY, SEPTEMBER 13, 1786.

Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, and Georgia; and from New Hampshire, Mr. [Pierse] Long.

On the report of a committee, consisting of Mr. [Edward] Carrington, Mr. [Timothy] Bloodworth, and Mr. [William] Harrison, to whom was referred a motion of Mr. [Timothy] Bloodworth,

Resolved , That the Secretary of Congress take order for having printed and bound in the usual manner, five hundred volumes of the Journals of Congress for each of the years 1777, 1778, 1780, 1781 and 1782. 1

1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 23, folio 305. According to indorsement it was read this day.

The Agents for South Carolina and Georgia attending:

The Agents for the State of Georgia, for answer to the Notice given them of the report and prayer of the Agents of South Carolina, say that they have attended agreeable to the order of Congress, but have not been able finally to agree with the agents of South Carolina upon the proper time for holding the said federal Court; that they are desirous to proceed in such manner as that a legal and righteous decision may be had in this cause, and that by the act of the legislature of the State of South Carolina, passed on the 22d day of March, 1786, three Commissioners are to be chosen and invested with full and absolute power and authority in behalf of the said state, to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between that state and the state of Georgia relative to boundary, and to establish and permanently fix the boundaries between the said states, provided the state of Georgia will appoint and vest commissioners with equal powers; and if it should so 0203 651 happen that the said Commissioners may not be able to settle and compromise the said differences, then and in that case only, the governor of South Carolina is authorised to appoint and direct agents in behalf of that state, to proceed agreeably to the 9th of the Articles of Confederation, finally to determine the dispute subsisting between the said states of South Carolina and Georgia, respecting their territorial claims: That the Legislature of the State of South Carolina did, on the day of appoint three commissioners, vested with the powers and for the purpose aforesaid, and transmit information thereof to the state of Georgia, requesting that state to appoint and vest commissioners with sufficient power, mutually to settle and compromise all differences between the said states respecting their territory and boundary: That the State of Georgia has not yet had reasonable time to decide on the proposition made by South Carolina and to transmit the result. Under these circumstances, the Agents of the State of Georgia suggest, that the Agents of the State of South Carolina, are not legally authorised to press that Congress should immediately proceed, agreeably to the 9th of the Articles of Confederation, for a speedy and final decision in this cause; that they, notwithstanding, relying on the wisdom, equity and Justice of Congress, are content to act in such manner as they may direct.

A motion was then made by the delegates of Georgia, That Congress proceed to strike a court in the manner pointed out by the Confederation, for the trial of certain territorial claims between the States of South Carolina and Georgia, to be held at the city of New York, on the first Monday in May next:

The latter part of the motion being postponed,

On the question, Resolved , That Congress proceed to strike a court in the manner pointed out by the Confederation, for the trial of certain territorial claims between the States of South Carolina and Georgia.

Accordingly Congress proceeded, and named three persons out of each of the United States, and from the list of such persons, each party alternately struck out one, the petitioners beginning, until the number was reduced to thirteen:

This done , a On motion was made by of the delegates of South Carolina, that from the thirteen names left nine 0204 652 names be drawn out by lot and on the question to agree to this the yeas and nays being required by the delegates of Georgia

New Hampshire, Mr. Long, ay * Massachusetts, Mr. Gorham, ay ay Dane, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay Symmes, ay ay Hornblower, ay Pennsylvania, Mr. Bayard, ay ay St. Clair, ay Maryland, Mr. Henry, ay Hindman, ay ay Harrison, ay Ramsay, ay Virginia, Mr. Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, no div. White, ay South Carolina, Mr. Pinckney, ay Kean, ay ay Parker, ay Georgia, Mr. Houstoun, no no Few, no

So it was

Resolved , That from the thirteen names left, nine names be drawn out by lot;

The names being then put into a box, the following were in the presence of Congress drawn out by lot, namely, Alexander Contee Hanson, James Madison, Robert Goldsborough, James Duane Philemon Dickinson, John Dickinson, Thomas McKean, Egbert Benson, Wm. Pynchon . 1

1 September 13: On this day, according to indorsement, was read a memorial from Leake Hunt, John De La Mater, and Cornelius I. Bogart, executors of John Berrien, praying relief in their settlement of the estate. It was referred to the Commissioner of Hospital Accounts to report and a report rendered September 18. See post , September 25.

THURSDAY, SEPTEMBER 14, 1786.

Congress assembled. Present, as yesterday.

A motion being made by the delegates of Georgia, That the court for hearing and determining the matter in question between the States of South Carolina and Georgia, be held at the city of New York, on the first Monday in May next.

A motion was made by the delegates of South Carolina, to postpone the motion of the delegates of Georgia, in order to take up the following:

That the federal court appointed to decide the territorial dispute between the States of South Carolina and Georgia, be summoned to meet on the third Monday in November next:

And on the question to postpone for the purpose above mentioned, the yeas and nays being required by the delegates of South Carolina,

New Hampshire, Mr. Long, no * Massachusetts, Mr. Gorham, no no Dane, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Lawrance, no Haring, no no Smith, no New Jersey, Mr. Cadwallader, no Symmes, no no Hornblower, no Pennsylvania, Mr. Bayard, no div. St. Clair, ay Maryland, Mr. Henry, no Hindman, no no Harrison, no Ramsay, no Virginia, Mr. Carrington, no div. Lee, ay North Carolina, Mr. Bloodworth, no div. White, ay South Carolina, Mr. Pinckney, ay Kean, ay ay Parker, ay Georgia, Mr. Houstoun, no no Few, no

So it passed in the negative the question was lost.

After debate,

0206 654

Resolved , That the court appointed to hear and determine the matter in question between the States of South Carolina and Georgia, be summoned to meet at the city of New York, on the third Monday in June next.

The committee, consisting of Mr. [John] Kean, Mr. [Arthur] St. Clair, and Mr. [Charles] Pinckney, to whom was referred the draught of a deed offered by the delegates of Connecticut, grounded on an Act of the legislature of the said state, having reported, “That the deed offered, is in conformity with the Act of Congress of the 26th day of May last,” and the Delegates for Connecticut having thereupon proceeded and executed a deed of cession, agreeable to the resolution of the 26 May last, in the words following:

To all who shall see these presents, We, William Samuel Johnson and Jonathan Sturges, the underwritten delegates for the State of Connecticut, in the Congress of the United States, send Greeting. Whereas the general Assembly of the State of Connecticut, on the second thursday of May, in the year of our Lord one thousand seven hundred and eighty six, passed an Act in the words following, viz.

“Be it enacted by the governor, council and representatives in general court assembled, and by the authority of the same, that the Delegates of this State, or any two of them who shall be attending the Congress of the United States, be, and they are hereby directed, authorized and fully empowered in the name and behalf of this State, to make, execute and deliver, under their hands and seals, an ample deed of release and cession of all the right, title, interest, jurisdiction and claim of the state of Connecticut to certain Western Lands, beginning at the completion of the forty-first degree of North latitude, one hundred and twenty miles west of the western boundary line of the commonwealth of Pennsylvania, as now claimed by said Commonwealth, and from thence by a line to be drawn north, parralel to, and one hundred and twenty miles west of the said west line of Pennsylvania, and to continue North until it comes to forty-two degrees and two minutes North latitude Whereby all the right, title, interest, jurisdiction and claim of the state of Connecticut, to the lands lying west of said line to be drawn as afore-mentioned, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, 0207 655 shall be included, released and ceded to the United States in Congress assembled, for the common use and benefit of the said states, Connecticut inclusive.

“And whereas the said William Samuel Johnson and Jonathan Sturges, were, on the second thursday of May, A. D. one thousand seven hundred and eighty-five, elected delegates to represent the state of Connecticut, according to the law of said state, in the Congress of the United States, for the term of one year from the first Monday of November, in the said year one thousand seven hundred and eighty-five, which election remains in force, and the said William Samuel Johnson and Jonathan Sturges, are the lawful delegates of said State in the Congress of the United States. Now therefore Know ye, that we the said William Samuel Johnson and Jonathan Sturges, by virtue of the power and authority to us committed by the said Act of the general assembly of Connecticut, before recited, in the name, and for and on behalf of the said State of Connecticut, do by these presents assign, transfer, quit-claim, cede and convey to the United States of America, for their benefit, Connecticut inclusive, all the right, title, interest, jurisdiction and claim which the said State of Connecticut hath in and to the before-mentioned and described territory or tract of Country, as the same is bounded and described in the said act of assembly, for the uses in the said recited act of Assembly declared. In witness whereof, we have hereunto set our hands and seals, this thirteenth day of September, in the year of our Lord one thousand seven hundred and eighty-six, and of the Sovereignty and Independence of the United States of America, the eleventh. Win. Sam l . Johnson, (L. S.) Jona th . Sturges, (L. S.) Signed, sealed and delivered in presence of Cha s . Thomson, Roger Alden, James Mathers.” 1

1 The original of this deed, in the writing of Benjamin Bankson, is in the Papers of the Continental Congress , Cessions of Western Territory, Connecticut . A copy is in No. 30, folio 507. On folio 513 is a motion headed: “A Motion was made by Mr. Kean seconded by Mr. Johnson,” incorporating the committee report and the resolve which follows it. The committee report, in the writing of John Kean, is on folio 511.

On motion,

Resolved , That Congress accept the said deed of Cession, and that the same be recorded and enrolled among the acts of the United States in Congress assembled.

0208 656

On a report of the Commissioner of Army Accounts, to whom was referred a memorial of James Grigg, late a captain in the service of the United States,

Resolved , That invalid officers be permitted to return the amount of their commutation in other securities of the United States, where they have parted with their own, provided the same shall be of equal amount, and bearing the same interest.

[Motion of M r St Clair]

Whereas the united States have given Peace to the several Tribes or Nations of Indians following viz. (insert the Nations) and have since received Assurances of their friendly Disposition, and their Resolution to adhere inviolably to the Treaties entered into by them with the said united States, And where as the united States in Congress assembled have received no authentic Account of the Infraction of the Treaties of Peace entered into by the said Indian Tribes or nations by all or any of the said Nations and it is inconsistent with the Safety, honor, and Dignity of the united States as well as contrary to the Articles of Confederation and perpetual Union entered into between the said united States, and subversive of every Idea of national Justice that, upon any accidental Rencounter between Individuals of the said Indian Tribes or Nations and IndividuaLs of any of the united States, or in consequence of any Injury offered to the Persons or Property of the Citizens of any of the united States, all or any of the united States, in their separate and individual Capacity, should be at liberty to levy War against or make Reprisals upon the Tribes or Nations of Indians to which the Individuals having had accidental Rencounters or having committed Injury as aforesaid respectively belong but complaint of the Injury ought to be made to the united States in Congress assembled, to the End that the same be enquired into and Redress obtained, if due, conformably to the practice of civilized Nations, and to the true intent and meaning of the Treaties entered into with and subsisting between the united States and the said Indian Nations.

And whereas by Accounts transmitted by Col o . Harmar commanding the Forces of the united States in the Country bordering upon the Ohio River, it appears that a considerable Force has been raised within the State of Virginia with intent to levy War and commit 0209 657 Hostilities upon some of the Nations of Indians bordering upon the united States with which Nations the united States are in peace or have formally entered into Treaties with the same, which if permitted by the united States in Congress assembled would not only infer a want of due regard in them to preserve inviolate the Articles of Confederation and perpetual union between the united States, and prevent every infraction and contravention of all and every of the Articles, but would be countenancing a violation of the national Faith, solemnly plighted to the said Indians which would probably involve the united States in a general and unjust War to the great Dishonor as well as Detriment of the said united States, therefore:

Resolved , That the State of Virginia do abstain from committing Hostilities against, making Reprisals upon, or entering into War with all or any of the Tribes or Nations of Indians with which the united States are in Peace or any other; and that if any Troops have been levied or Men embodied for the purpose of committing Hostilities against, making reprisals upon or entering into War with the said Indian Nations or any other the Executive of the said State of Virginia do cause the same forthwith to be disbanded.

Resolved , That the Secretary of Congress take order for preparing a Proclamation, to be issued as soon as may be and transmitted to the Executive Powers of the different States enumerating the several Tribes or Nations of Indians with which the united States have entered into Treaties prohibiting every State and all and every Citizen or Citizens of all and any of the united States respectively, to levy War or commit Hostilities against all and every of the said Nations of Indians or any other, and all or any Individuals of the said Nations respectively, and strictly charging and commanding all and every of the said States and all and every of their Citizens to behave towards the said Indian Nations and every individual of them in such manner as civilized Nations do, and of right ought to do, towards Nations and individuals of Nations with which they are at Peace, that the national Character may not be injured and the good of the Union maintained.

Resolved , That it be recommended to the State of Virginia, and every other State respectively which may be in like Circumstances, to lay before the united States in Congress assembled, any Cause of Complaint there may subsist against all or any of their neighbouring Indian Nations, together with the Evidence to support such Complaint 0210 658 plaint to the end the same may be enquired into, and redress obtained conformably to good Faith and the Treaties entered into with the said Nations. 1

1 This motion, in the writing of Arthur St Clair, is in the Papers of the Continental Congress , No. 36, III, folio 299. According to indorsement, it was offered September 14. See post , September 15.

Board Of Treasury , Sep t . 12 th . 1786 .

Sir : We do ourselves the Honor of laying before Congress a Copy of a Letter received by this Board from the Commissioner of the Loan Office of the State of Rhode Island, together with the Copy of an Act of the Legislature of that State, directing the Payment of the Paper Currency of that State in all Arrears of Taxes due to the United States. As this Explanation of the Law of the State relative to the late Requisitions of Congress entirely defeats the Intention of those Acts, the Commissioner of the Loan Office has suspended the Issue of Indents in that State on the Requisition of the 27 th . Sept., 1785, till he receives our Orders on this Subject. The conduct of Mr. Ellery in this Respect appears to us extremely proper; and we shall therefore Confirm this Suspension, unless Congress should otherwise direct; on the Principle of a Non-Compliance on the Part of the State with the Requisition of Congress of the 27 th . Sep t . last. The State of Rhode Island (we are sorry to observe) is not ye only State in the Union, which has defeated the Object of the Requisition of Congress by making their Paper Currency receivable on the Specie Proportion of the Continental Taxes. The State of New Jersey has made their Paper receivable on the Arrears of Taxes due on the Requisition of the 27 th . and 28 th . April, 1784. The Consequences of these Unjustifiable Precedents, which have been set by the States above mentioned are so dangerous to the Union, that we Submit it to the Judgment of Congress, whether it is not proper to take Immediate measures for Expressing the Sense of the United States in Congress on the Conduct of these States in this Respect, and for preventing in Season the Extent of this alarming Evil.

We have the Honor etc. 2

2 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress , No. 140, II, folio 307. According to indorsement it was read September 14. The inclosures are on folios 311–321. See post , September 15.

0211 659

To His Excellency, The President of Congress.

The Committee consisting of M r . [John Bubenheim] Bayard, M r . [William] Hindman, and M r . [Arthur St Clair, to whom was referred the report of the Board of Treasury, on the memorial of M r . Andrew Caldwell, Report:

That they have read and considered the memorial of And w . Caldwell together with the Certificate from M r . Sam l . Caldwell and one from the late Commissioners of the Board of War, from all which it appears—

That M r . Sam l . Caldwell was specially appointed by said Commissioners to purchase a quantity of Clothing for the Army in the latter end of the year 1779 and begining of the year 1780, and to contract for immediate payment, that in consequence He purchased on Dec. 20 th ., 1779, of And w . and James Caldwell 49 p s . Broad Cloth amounting to £40,500 to be paid as soon as Congress should begin to draw Bills of Exchange on France or Holland either in Cash, Bills of Exchange, or Certificates, as the Seller should make His Option.

It further Appears that on January 26 th ., 1780, there was a further purchase made of And w . and James Caldwell by Sam l . Caldwell of 25 p s . of Broad Cloth and 16 p s . of Coating amounting to £25,110.10 to be paid for in Cash of which sum £20,562.10 was paid in the february following which left a Balance of £4,548 of this last purchase still due them; that the Board of War were unable to pay the above sums on account of the Stoppage in drawing Bills by Order of Congress.

Your Committee upon this Statement of facts, submit the following resolution to Congress:

Resolved , That the Board of Treasury Liquidate and adjust the Account of And w . and James Caldwell agreeable to the Scale of depreciation allowing Interest thereon and give a Warrant on the Treasury for the Ball ce . due them, to be paid as soon as the situation of the Treasury will admit.

All which is submitted. 1

1 This report, in the writing of John Bubenheim Bayard, is in the Papers of the Continental Congress , No. 19, I, folio 493. According to indorsement it was read September 14 and passed September 15.

The Committee consisting of M r . [Nathaniel] Ramsay, M r . [Edward] Carrington, and M r . [Arthur] St Clair to whom was referred the 0212 660 Memorial of Duncan Campbell together with the report of the Commissioner of Army Accounts thereupon report as follows:

It appears to your Committee, upon investigating the account exhibited by the said Duncan Campbell amounting to one hundred and ten pounds, sixteen shillings New York Currency for bounty money advanced to fifty-four recruits, and for Arms, blankets, provisions and other Articles furnished the said recruits; that the said Duncan Campbell did actually enlist fifty-four men, and was authorised by General Arnold to pay them the Bounty charged in his account; that the supplies charged to have been furnished the recruits were Necessary, and the said Campbell's oath to their being made by him is a sufficient evidence of the fact, as he alledges that the loss of papers occasions the defect of other Vouchers; that it does not appear any settlement or allowance has hitherto been made to the said Campbell, therefore,Whereupon your Committee submit the following Resolution. 1

1 This report, in the writing of Henry Remsen, jr., is in the Papers of the Continental Congress , No. 19, I, folio 517. According to indorsement it was read September 14 and passed September 19, where the resolution submitted is spread verbatim on the Journal, but with the amount translated into dollars. A further indorsement by Roger Alden reads: “N. B. a Petition was read Sept. 9th, 1788, referred to board of treasury—reported Sept. 16 th . do. See report and report Comm r . Army Acco ts . filed and Petition.”

The Committee consisting of [Mr. Pierse] Long, Mr. Rufus King, and Mr. James Monroe] to whom was refer'd the Memorial of Cap t . Thomas Hutchings In behalf of the surveyors of Land who accompanied him to the Western Country, praying for a reimburstement of the money, they severally expended while attending on said business and that some compensation may be made for the time, they were absent—submit the following Resolve: in part

That Benjamin Tupper, William W. Morris, Alexander Parker, James Simpson, Robert Johnston, Isaac Sherman, Absolam Martin, and Edw d . Dowse be reimbursed Sixteen hundred and Seventy-three doll rs . and 62/90 of a dollar, being the amount of their expenditures, as appears by their Accounts accompanying said memorial—and that take order for the payment thereof. 2

2 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress , No. 19, III, folio 239. According to indorsement it was read September 14 and “Acted on in report of 25 Sept., 1786.”

The Committee, consisting of Mr. [William] Harrison, Mr. Edward] Carrington and Mr. [Henry] Lee to whom was referred a report 0213 661 of the Commissioner of Army Acco ts . on the petition of John Lesure, late an Ensign in the Army of the U. S., in behalf of himself and of Nathan Watkins, late a Captain in the said Army, having examined the said report, and the papers accompanying the same, beg leave to submit to Congress the follow g . Resolution—

That the Commissioner of Army Acco ts . be directed to settle with the said Ensign Lesure and the said Captain Watkins, agreably to his report. 1

1 This report, in the writing of William Harrison, is in the Papers of the Continental Congress , No. 19, III, folio 543. According to indorsement it was read September 14 and passed September 15.

September 14: The following committees were appointed: Mr. [John Cleves] Symmes, Mr. [Edward] Carrington and Mr. [William] Hindman, on “Petition of Joseph Cone respect g . certificates issued to him.” Report was rendered September 15.

Mr. [Jonathan] Sturges, Mr. [Edward] Carrington, and Mr, [Melancton] Smith, on “Report of Com r . of Army Acco ts . on pet: D. Pendleton.” This committee was renewed February 12, 1787.

Committee Book No. 190 .

FRIDAY, SEPTEMBER 15, 1786.

Congress assembled. Present as before.

On the report of a committee, consisting of Mr. [John Bubenheim] Bayard, Mr. [William] Hindman, and Mr. [Arthur] St. Clair, to whom was referred a report of the board of treasury, on a memorial of Mr. Andrew Caldwell,

Ordered , That the board of treasury liquidate and adjust the account of Andrew and James Caldwell, and report the same to Congress.

On the report of a committee, consisting of Mr. [William] Harrison, Mr. [Edward] Carrington and Mr. [Henry] Lee, to whom was referred a report of the Commissioner of Army Accounts, on a petition of John Lesuer, in behalf of himself and Nathan Watkins,

Resolved , That the commissioner of Army Accounts issue to the said John Lesuer, a certificate for the sum of one hundred and twenty-eight and 83/90 of a dollar; and to the said Nathan Watkins, a certificate for the sum of two hundred and twenty-eight and 83/90 of a dollar, in the usual manner.

0214 662

[Motion Mr. Lee]

Whereas the Delegates of New York, North Carolina, and Georgia have represented to Congress that the late Treaty entered into with the Indians living within the Limits of said States has given Disquiet to the inhabitants thereof,

Resolved , That a Committee of three be appointed to examine into the said Treaty and report what is proper to be done relative thereto. 1

1 This motion, in the writing of Timothy Bloodworth, is in the Papers of the Continental Congress , No. 36, IV, folio 47 1 . According to Thomson's indorsement, it was offered by Lee and referred September 15, to Mr. [Arthur] St Clair, Mr. [William Samuel] Johnson, Mr. [Henry] Lee, Mr. [Charles] Pinckney, and Mr. [Nathan] Dane. According to Committee Book No. 190 St. Clair's motion, of September 14, was also referred this day to the same committee and a report rendered October 17.

September 15: The following committee was appointed: Mr. [Charles] Pinckney, Mr. [Arthur] St. Clair and Mr. [William] Harrison, on “Letter 12 September, 1786, from the Board of treasury with papers enclosed relative to State of R. I.” A report was rendered September 18.

Also the letter from the Secretary for Foreign Affairs dated September 15 “with letter of 16 June from Mr. Adams” was referred back to the Secretary for Foreign Affairs to report. John Adams' letter is in No. 84, VI, folio 299 and relates to the debtor-creditor situation between Americans and British subjects under the terms of the treaty of peace.

Committee Book No. 190 .

Also, according to indorsement, was read a petition from Barent Martlings praying to be admitted to the privileges of an Invalid. It is in No. 42, V, folio 387.

Also, according to Committee Book, No. 189 , Joseph Cone's memorial was “referred to board of treas y . to take order.”

MONDAY, SEPTEMBER 18, 1786.

Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long, and from Virginia, Mr. [Henry] Lee.

The committee, consisting of Mr. [Charles] Pinckney, Mr. [Arthur] St. Clair, and Mr. [William] Harrison, to whom was referred a letter of the 12 from the board of treasury, together with a letter from the commissioner of the loan 0215 663 Office in the state of Rhode Island, and an Act of the legislature of that State; having reported,

That it appears from these communications the legislature of the state of Rhode Island, by an Act passed at their last Session, have made the paper currency of that state receivable on all arrears of taxes due to the United States; that as this explanation of the law of the State relative to the late requisition of Congress, entirely defeats the intentions of those acts, the commissioner of the loan-office has suspended the issue of indents in that state on the requisition of the 27 September, 1785, until he should receive the directions of the board of treasury on that subject. The Board farther remarks, that the legislature of the state of New Jersey have also made their paper currency receivable on the arrears of taxes due on the requisition of the 27 and 28 April, 1784. On this statement the committee observe, that as the requisitions of Congress are calculated for the purpose of requiring from the States, a sufficient sum for the payment of the interest due on the foreign and domestic debt, and the maintenance of the civil department, no deviation can be admitted from the mode of payment therein established, without exposing the funds of the United States to great loss and inconvenience, particularly as the discharge of the interest due on the foreign debt and the maintenance of the civil government, must altogether depend upon the payments that axe made into the federal treasury in Specie. That to admit the receipt of bills of credit issued under the Authority of an individual state, in discharge of their specie proportion of a requisition, would defeat its object, as the said bills do not circulate out of the limits of the state in which they are emitted, and because a paper medium of any state, however well funded, cannot, either in the extensiveness of its circulation, or in the course of its exchange, be equally valuable with gold or silver. That if the bills of credit of the States of Rhode Island and New Jersey were to be received from those States in discharge of federal taxes, upon the principles of equal Justice, bills emitted by any other states must be received from them also in payment of their proportions, and thereby, instead of the requisitions yielding a sum in actual Money, nothing but paper would be brought into the federal treasury, which would be wholly inapplicable to the payment of any part of the interest or principal of the foreign debt, or the maintenance of the government of the United States. That as the consequences of the precedents which have been established 0216 664 by the States above mentioned, are dangerous to the interests of the Union, 1 the committee conceive it necessary for Congress to express their sense upon the subject: Whereupon,

1 At this point the report reads “and may be the means of inducing other States to pursue a similar conduct,” but these words are marked for excision.

Resolved , That as the annual requisitions of the United States in Congress assembled, are made by them in virtue of the powers of the Confederation, and for the necessary purposes of government, the same be obligatory on the States as such, and ought to be discharged by them in the manner by the said requisitions directed, and in no other.

Resolved , That as the payment of the interest and such parts of the principal of the foreign debt of the United States as are included in any of the requisitions of Congress, and the maintenance of the federal government, cannot be provided for, but by payments in specie into the federal treasury of the sums respectively required of the states therein, no payments, either in bills of credit or in any other mode than those pointed out by the said requisitions, can or ought to be admitted in discharge of the same.

Ordered , That the board of treasury transmit a copy of the above resolutions to each state, and issue instructions to the respective loan Officers conformable thereto. 2

2 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 29, folio 223.

The Commissioner of Accounts for the Hospital, Cloathing and Marine Department to whom was referred the Petition of Leake Hunt and others, Exors. of John Berrian, deced., begs leave to Report:

That in the establishment of the Hospital Department made by Congress on the 8 day of April, 1777, the pay of Assistant Deputy Director was fixed at 3 Dollars and that of Commissary at 2 Dollars p. day and by a Resolution of Congress of 6 th . of February, 1778, the Pay of those two Officers was raised to 4 Dollars p. day each.

That on the 16 th . Jan y . 1782, Congress were pleased to Resolve—

0217 665

“That in the settlement of the accounts of such Officers of the Hospital Department as are entitled to an allowance for depreciation the establishment of pay made upon the 8 th . April, 1777, be considered as Specie.”

That on viewing this Resolution your Commissioner conceived himself precluded from considering any establishment of Pay antecedent thereto as Specie and adjusted the accounts of the Assistant Dep y . Directors and Commissaries accordingly.

Having however since, more minutely investigated the several establishments of Pay made to the Hospital and finding that the establishment of April 8 th ., 1777, was excepted in the case of the two Officers above mentioned, the highest Pay at any time granted your Commissioner is induced, to differ from his first construction of the Resolve, and is therefore of Opinion—

That it was not the intention of Congress, in their Resolution of the 16 th . Jan y ., 1782, to declare that the increased pay granted by the Resolution of the 6 february, 1778, to the Assistant Dep y . Director and to the Commissaries of the Hospitals should not be considered as Specie.

Ben Walker , 1 Commis nr .

1 This report is in the Papers of the Continental Congress , No. 31, folio 149. According to indorsement it was read September 18. See post , September 25.

Office of Accounts, Hospital Departm t , Sept r . 15, 1786.

His Excell y ., the Presid t . of Congress.

Resolved , That the following precedence be established at the Court of the United States:

His Excellency the President of Congress.

The Honorable the Delegates in Congress.

The Honorable the Secretary of Congress.

The Honorable the Secretary for foreign Affairs.

The Honorable the Secretary at War.

The Honorable the Commissioners of the Treasury.

Resolved , That all foreign Ministers be received at the Court of the United States in conformity to their rank and that Ceteris paribus a 0218 666 Minister from a Republic take the precedence of all others. to the usage of Europe.

That it be the duty of to communicate to the United States printer for publication the arrival and departure of his Excellency the President of Congress, the Honorable a Delegate in Congress and the other first Officers of State.

That it be the duty of to communicate to the first high Officers of the federal government, and the Ministers resident at this Court from foreign Nations the arrival of his Excellency the President, and the honorable the delegate in Congress, together with the N o . of the Hotel in which he or they may fix his or their residence.

Resolved , That a master of Ceremonies be appointed, and that the Office of private Secretary and Steward to the household of the President be abolished.

Resolved , That robes of State be prepared, and that the president when in the Chair of Congress set robed. 1

1 This report, in the writing of Henry Remsen, jr., is in the Papers of the Continental Congress , No. 23, folio 307. According to indorsement it was read September 18. Committee Book No. 189 states that it was transferred.

The Committee, consisting of Mr. [Melancton] Smith, Mr. [Pierse] Long, Mr. [William Samuel] Johnson, Mr. [John] Bull, Mr. [Edward] Carrington, Mr. [William] Henry, and Mr. [John] Kean, to whom was committed a motion of Mr. [Rufus] King, together with a motion of the Delegates of Virginia, on the subject of settlement of the Acco ts . of the individual States, with the United States Submit the following Resolves:

Resolved , That the authority of the Commissioners appointed to settle the accounts between the United States and individual States shall from and after the Day of terminate and cease.

Resolved , That a Board, to consist of members, be appointed, who shall and hereby are invested with all the powers and authorities of the aforesaid Commissioners, and shall sit where Congress may direct.

Resolved , That in cases where no written Vouchers are or can be produced, and the said Board shall receive satisfactory evidence that such Vouchers have been destroyed or unavoidably lost, or that from the Circumstances of the case, they have never been obtained, they may receive such other evidence as shall be satisfactory to them, but the best that the nature and circumstances of the case will admit of; and at their discretion, may examine on Oath, any person or persons 0219 667 they may think fit, respecting the claims which shall be exhibited for settlement, whether accompanied with written Vouchers or not, when the other evidence is not sufficient to satisfy them of the truth or justice thereof.

Resolved , That where supplies have been furnished by individuals for the use of the Army, and have been assumed by any State, the said Board are hereby authorized and instructed to liquidate and settle such claims and admit them as a charge against the United States.

Resolved , That where any State has claims against the United States not authorized or sanctioned by existing Resolutions of Congress, the same shall be laid before the aforesaid Board within years, who shall examine the same and report such decision thereon to Congress as shall acord with Justice and equity.

Resolved , That the said Commissioners be allowed.

Resolved , That the Commission of the said Board shall continue in force for years and no longer. 1

1 This report, in the writing of Melancton Smith, is in the Papers of the Continental Congress , No. 26, folio 619. According to indorsement, it was read September 18 and made the “Order of the day for Wednesday 27 Sept., 1786. * * * A Ordinance passed on this subject 13 Oct. 1786.”

September 18: The following committees were appointed: Mr. [William Samuel] Johnson, Mr. [Charles] Pinckney, Mr. [Melancton] Smith, Mr. [Nathan] Dane, and Mr. [William] Henry, on “temporary governm t . of Western territory.” and the “Pet: Inhabitants of Kaskaskies.” Report was rendered September 19. This was a renewal of the committee of August 23.

Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [William Samuel] Johnson, Mr. [Jonathan Sturges], and Mr. [Nathan] Dane, on “Motion for reduction of civil list.” This was a renewal of the committee of July 19 and this new committee was again renewed February 12, 1787.

Also the “Mem l . of G. Bailor's ex rs . for settlem t . of his Acco ts ” was referred to the Commissioner of Army Accounts to report.

Committee Book No. 190.

Also, according to indorsement, was read a letter of September 18 from the Secretary for Foreign Affairs, forwarding a letter from John Adams of July 31. It is in No. 80, III, folio 73. Adams' letter, which deals with American prisoners in Algiers and is in No. 84, VI, folio 347, was also read.

Also was read a report of the Board of Treasury, dated September 15, stating that satisfactory reasons have been given for Job Sumner's absenting himself and recommending that he be granted a two months leave of absence. It is in No. 138, II, folio 425. Committee Book No. 189 states that it was transferred.

TUESDAY, SEPTEMBER 19, 1786.

Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long, and from Pennsylvania, Mr. [John Bubenheim] Bayard.

On motion of Mr. [Charles] Pinckney, seconded by Mr. [Josiah] Hornblower,

Ordered , That the board of treasury report the sums in specie value, which have been respectively advanced to the delegates of the several States, with the names of the delegates to whom the said Sums were paid, and the times and purposes expressed in the resolutions on which they were advanced. 1

1 See post , September 26.

On the report of a committee, consisting of Mr. [Nathaniel] Ramsay, Mr. [Edward] Carrington and Mr. [Arthur] St. Clair, to whom was referred a Memorial of Duncan Campbell, together with a report of the commissioner of Army Accounts thereon,

Resolved , That the commissioner of Army accounts settle with and allow Duncan Campbell two hundred and seventy-seven dollars for bounty money advanced to fifty four recruits, by order of general Arnold, and for Arms, blankets, and other things, furnished the said recruits.

[Motion Mr. Pinckney]

Ordered Resolved , That the board of Treasury report the sums in specie value which have been respectively advanced to the delegates of the several states, with the names of the delegates to whom the said sums were paid and the times and purposes expressed in the resolutions on which they were advanced. 2

2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 26, folio 617. According to indorsement it was passed September 19.

0221 669

The Com. consisting of [Mr. Edward Carrington, Mr. John Bubenheim Bayard and Mr. William Samuel Johnson] to whom was referred the memorial of David Henley report as follows:

It appears to your Com. from the information of the said David Henley that he was charged with the immediate command of the Guard of Militia amounting to near 3,000 Men over the convention Troops at Cambridge for about six months in the years 1777 and 1778. That the residence of Gen l . Heath who had the Chief Command being in Boston, which was distant and unconnected with the Troops, a very great proportion of the expences as well as business incidental to such a command, fell upon the memorialist, and that these expences must have been much augmented by communications with the British Officers which, for preserving the respect necessary dignity of his public Character were necessary and unavoidable. Your Com. are of Opinion upon considering the foregoing facts, that, had Gen l . Heath actually resided with the Troops at Cambridge, Col o . Henley's command under him would still have been equal to a Brigadier, and must have exposed him to more expence than would regularly have attended the Rank of Colonel and his claim for some indemnification would be reasonable, but as Gen l . Heath did not reside there it becomes the more incumbent on the justice of Congress to make him an allowance which may comprehend all the aforesaid considerations whereupon the following resolution is submitted:

R ., That David Henley be allowed dollars as an indemnification for his extraordinary expenses while in Command with the Militia employed as a Guard over the convention Troops at Cambridge in the State of Massachusetts in the years 1777 and 1778. 1

1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 19, III, folio 125. According to indorsement it was read September 19 and passed September 21. The changes then made in the resolve are entered upon this report.

The Committee consisting of M r . [William Samuel] Johnson, M r . [Charles] Pinckney, M r . [Melancton] Smith, M r . [Nathan] Dane and M r . [William] Henry appointed to prepare a plan of a temporary government for such districts or new States as shall be laid out by the United States upon the principles of the acts of cession from individual States and admitted into the confederacy, submit the following report to the consideration of Congress:

0222 670

The United States in Congress assembled will appoint a governor, whose Commission shah continue in force for the term of three years unless sooner revoked by Congress.

There shall be appointed by Congress from time to time a Secretary whose Commission shall continue in force for two years unless sooner revoked by Congress. It shall be his duty to keep and preserve the Acts and laws passed by the general Assembly and public records of the district, and of the proceedings of the governor in his executive department and transmit an Authentic copy thereof every three months to the Secretary of Congress.

There shall also be appointed a Court to consist of five Judges who shall have a common law and Chancery Jurisdiction and whose Commissions shall continue in force during good behaviour.

And to secure the rights of personal liberty and property to the inhabitants and other purchasers in the said districts it is hereby

Resolved , That the inhabitants of such districts shall always be entitled to the benefits of the Act of habeas Corpus and of the trial by Jury.

That the Judges shall agree on the Criminal Laws of some one State, in their Opinion the most perfect, which shall prevail in said district, until the Organization of the general Assembly, but afterwards the general Assembly shall have authority to alter them as they shall think fit.

That the real estates of resident proprietors dying intestate previous to the Organization of the general Assembly shall descend to the heirs of such proprietors Male and female in equal parts, that is to say, if a father dies intestate leaving a Son and two daughters the real estate shall be divided into three equal parts, and descend to each in such equal proportions; provided however, that such proprietors shall be at liberty to dispose of such lands by alienation by bargain and sale testamentary devise or otherwise as he shall think proper; but after the Organization of the general Assembly the estates of resident proprietors shall be subject to such disposition by alienation bargain and sale descent or otherwise as the said assembly shall direct.

The real estate of non resident proprietors shall be subject to such alienation while living and disposal by testamentary devise as they shall think fit; but the real estates of non resident proprietors dying intestate shall descend in the same manner as those of resident proprietors, previous to the organization of the general assembly until such district shall be admitted into the Confederacy.

0223 671

The Governor for the time being shall be commander in chief of the Militia; and appoint and Commission all officers in the same below the rank of General Officers; all officers of that rank shall be appointed and Commissioned by Congress.

Previous to the Organization of the general Assembly the governor shall appoint such Magistrates and other Civil Officers in each County or township, as he shall find Necessary for the preservation of peace and good order in the same.

After the general Assembly shall be Organized, the number of Magistrates and other Civil Officers with their powers and duties and term of services shall be regulated and defined by the said Assembly. But all Magistrates and other Civil Officers not herein otherwise directed shall during the continuance of this temporary Government, be appointed by the Governor.

The Governor shall as soon as may be, proceed to lay out the land into Counties and Townships, subject however to such Alterations as may thereafter be made by the Legislature.

So soon as there shall be free male Inhabitants of full age within the said district, upon giving due proof thereof to the Governor they shall receive authority, with time and place to elect representatives from their Counties or Townships as aforesaid to represent them in general assembly; provided that for every free male Inhabitants there shall be one representative, and so on progressively with the number of free male Inhabitants shall the right of representation increase until the number of representatives amount to after which the number and proportion of representatives shall be regulated by the Legislature; Provided that no person shall be eligible or qualified to act as a representative unless he shall be a Citizen of one of the United States, or have resided within such district three years and shall likewise hold in his own right in fee simple 200 acres of land within the same; provided also that a freehold or life estate in fifty acres of land if a Citizen of any of the United States and one years residence if a foreigner in addition shall be necessary to qualify a man as elector for the said representative.

The representatives thus elected shall serve for the term of one year; and in case of the death of a representative or his resignation or renunciation of Office the governor shall issue a writ to the County or Township for which he was a member to elect another in his stead to serve for the residue of the time.

0224 672

The General Assembly shall consist of the Governor, a Legislative Council to consist of five members, any three of whom to be a quorum, to be appointed by the United States in Congress Assembled and to continue in Office during pleasure; and a house of representatives who shall have a Legislative authority complete in all cases for the good government of the district; provided that no act of the said general Assembly shall be construed to affect any lands the property of the United States; and provided further that the lands of the non-resident proprietors shall in no instance be taxed higher than the lands of residents.

All money bills shall Originate in the house of representatives, and all other bills indifferently either in the Council or house of representatives, and having been passed by a Majority in both houses shall be referred to the governor for his assent, after obtaining which they shall be complete and valid; but no bill, resolution, Ordinance or Legislative Act whatever shall be valid or of any force without his assent.

The Governor shall have power to convene or prorogue the general Assembly at their request, or when in his Opinion it shall be expedient.

The said Inhabitants or settlers shall be subject to pay a part of the federal debts contracted or to be contracted, and to bear a proportional part of the burthens of the Government to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States. The annual salary of the Governor shall be, of the

The annual salary of Governor shall be , of the Legislative Council , of the Judges , and of the Secretary per annum.

The Governor, Judges, Legislative Council, Secretary and such other Officers as Congress shall at any time think proper to appoint in such district shall take an Oath of Office before presented on the day of to the Secretary at War Mutatis Mutandis .

Whensoever any of the said States shall have of free inhabitants as many as are equal in number to the one thirteenth part of the Citizens of the Original States, to be computed from the last enumeration, such State shall be admitted by its delegates into the Congress of the United States on an equal footing with the said original States; provided the consent of so many States in Congress is first obtained as may at that time be competent to such admission.

0225 673

Resolved , That the resolutions of the 23 d . of April, 1784, be, and the same are hereby annulled and repealed. 1

1 This report, in the writing of Henry Remsen, jr., except the preamble, which is in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 30, folio 101. According to indorsement it was read September 19 and made the “Order of Day for thursday 21 Sept.”

September 19: The following committees were appointed:

Mr. [Charles] Pinckney, Mr. [Nathan] Dane, and Mr. [Edward] Carrington, on “Letter 19 Sept. 1786 Postmaster gen l .” on acceptance of specie only for postage. A report was rendered September 20, which was adopted with only minor changes and is there spread on the Journal. Ebenezer Hazard's letter is in No. 61, folio 379; the committee report is on folio 539.

Mr. [Nathan] Dane, Mr. [Edward] Carrington, and Mr. [Melancton] Smith, on a committee report for devising ways and means to discharge that part of the public debt consisting of Continental Loan Office certificates issued between September 1, 1777, and March 1, 1778. This committee was again renewed February 12, 1787. See ante , March 5, 1784.

Also the “Mem l . Cha. Scott late brig. gen l .,” was referred to the Board of Treasury to report and a report rendered September 25. It was acted on October 3. Scott's memorial, praying for payment of money advanced to American prisoners in 1781, is in No. 41, IX, folio 419.

Also the “Mem l . William Finnie”, praying for settlement of his accounts as deputy quartermaster general in the Southern Department and payment of balance due, was referred to the Board of Treasury to report. Report was rendered September 25 and acted on October 5. Finnie's memorial is in No. 41, III, folio 350.

Also was referred to the Board of Treasury to take order “a report of a Com ee . on petition of Jos. Cone viz. That when application shall be made to the Compt. or register as to the Com r . for settling the q r . M r . and commissary's acco ts . or the Com r . for settling the hospital marine and cloathing departm t . Acco ts . and doubts arise touch g . the validity of the claim, the s d . Officers respectively receive and file the voucher, certificate, or other evidence produced receipting therefor and proceed as soon as may be to investigate the justice of the demand either by enquiring into the authority of the person issuing, or by calling on him to make return of the checks of certificates issued by him while in office, or such other modes as they judge most proper and where their researches prove ineffectual that they make representation thereof to Congress.” Committee Book No. 190 .

Also, according to indorsement, was read a letter from the Secretary for Foreign Affairs, dated September 19, transmitting a letter from John Adams, detect July 15. Jay's letter is in No. 80, III, folio 77; Adams' is in No. 84, VI, folio 339. It recounts the action of the British Lords of the Admiralty in the case of Captain Stanhope, of H. M. S. Mercury , in which the captain “had received a Severe Rap over the Knuckles.” Adams' letter was read in Congress and “Referred to the Secy. for foreign Affairs to Communicate to the Executive of Massachusetts so much as relates to Capt. Stanhope and the eastern boundary.” Committee Book No. 190 states that this reference of the business to the Secretary for Foreign Affairs was made on September 20.

WEDNESDAY, SEPTEMBER 20, 1786.

Congress assembled. Present as before.

On the Report of a committee, consisting of Mr. [Charles] Pinckney, Mr. [Nathan] Dane, and Mr. [Edward] Carrington, to whom was referred a letter of the 19, from the post master general:

Whereas the United States in Congress assembled, are, by the Articles of Confederation, invested with the sole and exclusive right of establishing and regulating Post Offices, from one State to another throughout the United States, and exacting such postage on the Papers passing through the same as may be requisite to defray the expences of the said offices: and whereas the present situation and demands of the post office will on no account admit the receipt of any other money than specie; the paper currencies of the several States, from their limited circulation and probable depreciation, being totally inadequate to the purpose; 1

1 The committee report, see ante , September 19, phrases it “render a payment for postage in paper totally improper.” Thomson entered the report on the Journal and afterward struck it off.

Resolved therefore, That the post master general be, and he is hereby directed to issue instructions to the postmasters in the several states, to receive no other money in payment for postage than specie. 2

2 The committee report adds, “that the United States will indemnify the civil officers in adhering to this order.” It is in No. 61, folio 539.

Resolved , That the post-master-general be, and he is hereby empowered, in all cases where he may conceive it necessary, to demand, or authorise the demanding the postage at the time the letters are put into the post Offices. 3

3 The committee report, see ante , September 19, adds: “Your Committee report that the other points of the said letter from the Postmaster General being included in the general regulations contained in the ordinance on the Post Office, it is unnecessary for them to remark thereon.”

0227 675

On the question to agree to the last resolution, the yeas and nays being required by Mr. [Edward] Carrington,

Massachusetts, Mr. Gorham, ay ay Dane, ay Connecticut, Mr. Johnson, ay ay Sturges, ay New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay ay Hornblower, ay Maryland, Mr. Henry, ay Harrison, ay ay Ramsay, ay Virginia, Mr. Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Kean, ay Parker, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative.

War Office , September 20 th ., 1786 .

Sir : I have the honor to inform Congress, that in obedience to the duties of my office, I have minutely inspected the ordnance and military stores of the United States deposited in Springfield within the Commonwealth of Massachusetts, and find them in exact order according as they stand stated in the returns.

During the course of the last and present year the new arms and bayonets about seven thousand in number have been taken to pieces cleaned and put in perfect condition for use. The powder amounting to upwards of thirteen hundred barrels of excellent quality has been shifted, dried, and repacked.

About two hundred tons of shot and shells have been removed from Salisbury in Connecticut to Springfield, they being exposed to loss and injury at Salisbury, where they were cast in the year 1781.

All the other stores in the arsenal at Springfield are now well deposited and with proper attention may be preserved in good order for a considerable period of time.

0228 676

Learning from a variety of information that some lawless people in the counties of the Commonwealth of Massachusetts, in the neighborhood of Springfield had intimated their intention under certain circumstances, of seizing the arsenal, and converting the ordnance and stores therein to their own rebellious purposes I conceived it my duty to make a statement thereof to his Excellency Governor Bowdoin and to, request that he would take such measures for the security of the stores as the state of the case might require. A copy of which I have the honor herewith to submit to Congress.

I have the honor etc.

H. Knox . 1

1 This letter is in No. 150, I, folio 555. According to indorsement it was read September 20 and referred to Mr. [William Samuel] Johnson, Mr. [Edward] Carrington, Mr. [Henry] Lee, Mr. [Nathan] Dane, and Mr. [Nathaniel] Ramsay. According to Committee Book No. 190 , report was rendered September 21. Copies of two letters from Gov. James Bowdoin, dated September 19, are on folios 559 and 563.

September 20: A “Mem l . Jacob Cuyler” was referred to the Commissioner of Commissary Accounts to report; he reported October 3. Cuyler's memorial, praying relief from a suit for payment for cattle purchased for the Army in 1780, is in No. 41, II, folio 354. It is indorsed: “Acted on Sept. 15, 1788.”

New York , September 19, 1786 .

Sir : I beg leave to lay before your Excellency and Congress, a Claim exhibited for settlement by Col. Donald Campbell, whose case is of so singular a Nature, I do not conceive myself Authorised to determine on it.

He charges for his pay as Quarter Master General from the 17 th of July, 1775, to the 17 th of Sept. 1786, including two Months pay allowed to the officers who remain'd in Canada through the Winter of 1775, being Eleven years and four months at 80 Dollars pr Month, $10,880; for Rations, and Forage not drawn, $7,055.76; for Interest at 6 pr Ct. chargd every four Months, $5,994.64; amounting in the whole to Twenty-three thousand, nine hundred and thirty Dollars and fifty-ninetieths of a Dollar. By a Resolution of Congress July 17th, 1775, He was appointed Deputy Quarter Master General for the New York Department, with the Rank of Col. in the Army. A Resolution of the 16th June preceeding fixes the pay of a Deputy Quarter Master General at Forty Dollars pr Month. He served in Canada until the beginning of July, 1776, when he was arrested and tried by a Court Martial. The sentence of the Court was transmitted 0229 677 to Congress and by them referred to General Gates, who disapproved of the proceedings of the Court as being severe, irregular, and unprecedented and reported his opinion to Congress on the 18th of January, 1777. In the meantime another Deputy Quarter Master General for the Northern Department had been appointed and on the 13th of February following Congress Resolved that Col. Campbell be continued in his former pay, and rank and directed him to repair immediately to the Commissioners of Accounts for the Northern Army and settle with them the accounts of his late Department. Under this resolution he considers Himself as still in pay and has made up his Accounts to this Date.

His Claim for pay as Quarter Master General, I believe is founded on the nature of His Business while in Canada, unconnected with and independent of the Quarter Master General; and on a Resolution of the 23rd of September, 1775, which mentions the Quarter Master General of the Continental Armies, implying that there was more than one, for I do not find any Act of Congress which acknowledges him as such. I conclude that no derangement of Officers belonging to the Quartermasters Department, nor any alteration of their pay subsequent to the Resolve of the 13th February, 1777, can be applied to Col. Campbell. I must therefore pray Congress to determine whether He is still in pay, or to what period he is intitled to pay and subsistence.

I have the honor etc.

Jon th . Burral , Com r . for Q M r . and Com y . Dep ts . 1

1 This letter is in No. 31, folio 351. According to indorsement it was read September 20 and referred to Mr. [Edward] Carrington, Mr. [Lambert] Cadwallader, and Mr. [Henry] Lee. Committee Book No. 190 states that they reported October 10.

To His Excellency, the President of Congress.

Annapolis , September 14 th ., 1786 .

Sir : Agreeably to the request of the Commissioners assembled at this place, I do myself the Honor to transmit to your Excellency, a Copy of their Report to the Legislatures of those States by whom they were appointed.

I remain etc.

John Dickinson , Chairman .

0230 678

His Excellency, The President of Congress.

To the Honorable the Legislatures of Virginia, Delaware, Pennsylvania, New Jersey, and New York:

The Commissioners from the said states respectively assembled at the City of Annapolis, humbly beg leave to report:

That, pursuant to their several appointments, they met at Annapolis, in the State of Maryland, on the eleventh day of September Instant, and, having proceeded to a communication of their powers, they found that the States of New York, Pennsylvania, and Virginia, had in substance, and nearly in the same terms, authorised their respective Commissioners “to meet such Commissioners as were or might be appointed by the other States in the Union, at such time and place as should be agreed upon by the said Commissioners, to take into consideration the trade and commerce of the United States, to consider how far an uniform system in their commercial intercourse and regulations might be necessary to their Common interest and permanent harmony, and to report, to the several States, such an Act relative to this great object, as when unanimously ratified by them would enable the United States in Congress Assembled effectually to provide for the same.”

That the State of Delaware has given similar powers to their Commissioners, with this difference only, that the Act to be framed in virtue of these powers is required to be reported “to the United States in Congress assembled to be agreed to by them and Confirmed by the Legislatures of every State.”

That the State of New Jersey had enlarged the object of their appointment, empowering their Commissioners “to consider how far an uniform system in their Commercial regulations and other important matters might be necessary to the common interest and permanent harmony of the several States and to report such an Act on the subject, as when ratified by them would enable the United States in Congress assembled effectually to provide for the exigencies of the Union.”

That appointments of Commissioners have also been made by the States of New Hampshire, Massachusetts, Rhode Island, and North Carolina, none of whom have however attended, but that no information has been received by your Commissioners of any appointment having been made by the States of Connecticut, Maryland, South Carolina, or Georgia.

0231 679

That the express terms of the powers to your Commissioners supposing a deputation from all the States, and having for object the trade and Commerce of the United States, Your Commissioners did not conceive it advisable to proceed on the business of their mission under the Circumstance of so partial and defective a representation.

Deeply impressed, however, with the magnitude and importance of the object confided to them on this occasion, Your Commissioners cannot forbear to indulge an expression of their earnest and unanimous wish that speedy measures may be taken to effect a general meeting of the States in a future Convention, for the same, and such other purposes, as the situation of public affairs may be found to require.

If in expressing this wish, or in intimating any other Sentiment your Commissioners should seem to exceed the strict bounds of their Appointment, they entertain a full confidence, that a conduct dictated by an anxiety for the welfare of the United States, will not fail to receive an indulgent Construction.

In this persuasion, your Commissioners submit an opinion, that the Idea of extending the powers of their deputies to other objects than those of Commerce, which has been adopted by the State of New Jersey, was an improvement on the original plan, and will deserve to be incorporated into that of a future Convention. They are the more naturally led to this conclusion, as in the course of their reflections on the subject, they have been induced to think, that the power of regulating Trade, is of such comprehensive extent, and will enter so far into the general system of the Federal Government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a correspondent adjustment of other parts of the Federal system.

That there are important defects in the system of the Federal Government, is acknowledged by the Acts of all those states which have concurred in the present Meeting. That the defects upon a closer examination may be found greater and more numerous than even these acts imply, is at least so far probable from the embarrassments which characterize the present State of our national affairs, foreign and domestic, as may reasonably be supposed to merit a deliberate and candid discussion, in some mode, which will unite the sentiments and Councils of all the States.

In the choice of the mode your Commissioners are of opinion that a Convention of deputies from the different States, for the special 0232 680 and sole purpose of entering into this investigation and digesting a plan for supplying such defects as may be discovered to exist will be entitled to a preference, from considerations which will occur without being particularized.

Your Commissioners decline an enumeration of those national circumstances on which their opinion respecting the propriety of a future Convention with more enlarged powers is founded; as it would be an useless intrusion of facts and observations, most of which have been frequently the subject of public discussion, and none of which can have escaped the penetration of those to whom they would in this instance be addressed. They are however of a nature so serious as, in the view of your Commissioners, to render the situation of the United States delicate and critical, calling for an exertion of the United virtue and wisdom of all the Members of the Confederacy.

Under this Impression your Commissioners with the most respectful deference, beg leave to suggest their unanimous conviction that it may essentially tend to advance the interests of the Union, if the States by whom they have been respectively delegated would themselves concur, and use their endeavours to procure the concurrence of the other States, in the appointment of Commissioners 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.

Though your Commissioners could not with propriety address these observations and sentiments to any but the States they have the honor to represent, they have nevertheless concluded from motives of respect, to transmit Copies of this report to the United States in Congress assembled, and to the Executives of the other States.

By order of the Commissioners:

John Dickinson , Chairman . 1

1 This letter and report are in the Papers of the Continental Congress , No. 78, VIII, folios 187–194. According to indorsement they were read September 20. See post , October 11.

Dated at Annapolis, September 14 th , 1786.

THURSDAY, SEPTEMBER 21, 1786.

Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

The committee, consisting of Mr. [William Samuel] Johnson, Mr. [Edward] Carrington, Mr. [Henry] Lee, Mr. [Nathan] Dane and Mr. [Nathaniel] Ramsay, to whom was referred a letter of the Secretary at War, of the 20 instant, with a paper enclosed, having reported “That in their Opinion the measures adopted by the said Secretary, relative to the Ordnance and stores, mentioned in his letter, were proper and expedient.”

Report, that in their opinion the measures adopted by the said Secretary relative to the arsenal, ordnance and stores of the United States mentioned in his said letter were proper and expedient and the only measures that can be prudently taken under circumstances and to prevent any damage being done to the said ordnance and Stores hereafter.

Resolved , That the Secretary at war adopt such measures and make such arrangements as in his opinion shall be prudent and best calculated to prevent their being seised or damaged by any disorderly men for the preservation of the same. 1

1 This report, in the writing of Nathan Dane, is in the Papers of the Continental Congress , No. 27, folio 311.

In order to prevent any damage being hereafter clone to the said Ordnance and stores,

Resolved , That the Secretary at War adopt such measures and make such arrangements as in his Opinion shall be best calculated for the preservation of the same.

On the report of a committee, consisting of Mr. [Edward] Carrington, Mr. [John Bubenheim] Bayard and Mr. [William Samuel] Johnson, to whom was referred a petition of David Henly,

Resolved , That David Henly be allowed five hundred dollars, as an indemnification for his extraordinary expenses, 0234 682 while in Command with the militia employed as a guard over the convention troops at Cambridge, in the state of Massachusetts, in the years 1777 and 1778, and that the board of treasury take Order for the payment of the said sum.

An Ordinance for the Establishment of the Mint of the United States of America; and for regulating the Value and Alloy of Coin:

That a Mint be established for the coinage of gold, Silver, and Copper Money, agreeably to the Resolves of Congress of the 8 th . of August last, under the direction of the following Officers, viz t .:

An Assay Master—whose duty it shall be to receive Gold and Silver in Bullion, or Foreign Coin, to Assay the same; and to give his Certificates for the Value thereof at the following Rates:

For every Pound Weight Troy of Uncoined Gold or Foreign Gold Coin, Eleven parts fine and One part Alloy—Two hundred and Nine Dollars, seven Dimes and seven Cents, Money of the United States as Established by the Resolves of Congress of the 8 th . of August last, and so in proportion to the fine gold contained in any coined or uncoined gold whatsoever.

For every Pound Weight Troy of Uncoined Silver, or Foreign Silver Coin, eleven parts fine and one part Alloy Thirteen Dollars, seven Dimes, seven Cents and seven Mills, Money of the United States, Established as aforesaid: And so in proportion to the fine Silver contained in any coined or uncoined Silver whatsoever.

A Master Coiner, whose Duty it shall be to receive from Time to Time of the Assay Master, the Bullion necessary for Coinage—to Report to Congress Devices and proofs of the proposed pieces of Coin, and to procure proper Workmen to execute the Business of Coinage, reporting from Time to Time to the Commissioners of the Board of Treasury of the United States, for approbation, and allowance, the Occupation, Number, and Pay of the person so employed.

A Paymaster, whose Duty it shall be to receive, and take charge of the Coin made under the direction of the Master Coiner and to Receipt for the same, To receive and duly enter the Certificates for Uncoined Gold and Silver issued by the Assay Master; and to pay Ninety-five hundredths of the Amount thereof in Gold or Silver Coin, and Five hundredths in the Copper Coin of the United States.

And Be it further Ordained, That the Certificates to be given by the Assay Master, to Persons who shall lodge Gold, or Silver in the 0235 683 Mint for Coinage, shall be on fine Bank Paper, and exprest in the manner and form following, to Wit:

Mint of the United States , —, —, —.

I acknowledge to have received of A. B. for Coinage (here insert the Weight) of (insert the Species) Bullion, for the Amount of which Pay to — or Bearer, the Sum of — at ten Days sight, agreeably to the Custom of the Mint.

C. D., Assay Master .

To F. E., Pay Master of the Mint of the United States of America

And be it further Ordained, That the Salaries of the Officers above mentioned Shall be per year, payable in quarterly payments; and that they settle their Accounts Monthly, agreeable to such forms and Vouchers as shall be prescribed by the Comptroller of the Treasury.

And be it further Ordained, That the Officers mentioned in the within Ordinance, shall enter into Bonds to the United States, for the faithful Execution of the Trust respectively, reposed in them, in the manner and Amount following, to Wit; The Assay Master in the sum of D rs . and two Sureties, each in the sum of D rs .; The Master Coiner, in the sum of D rs .; and two Sureties, each in the sum of D rs .; The Pay Master, in the sum of D rs . and two Sureties, each in the sum of D rs . And that they shall likewise (as well as every other person employed in the Mint) take and subscribe the Oath of Office, established by the Resolve of the 14 th . March, 1786.

And be it further Ordained., That it shall be the Duty of the Comptroller of the Treasury to Report Monthly to the Commissioners of the Treasury of the United States a Statement of the Mint Accounts, adjusted agreeably to the Usual Forms; and if on such Statement it shah appear that there has been any Neglect, Mismanagement, or abuse of Trust, in any of the Officers mentioned in the within Ordinance, it shall be the Duty of the Commissioners of the Board of Treasury to suspend such Officer or Officers, and to Report thereon specially to the United States in Congress.

0236 684

And be it further Ordained, That the Copper Coin struck under the Authority of the United States, shall be receivable in all Taxes, or Payments due to the United States, in the proportion of Five Dollars for every hundred Dollars so paid; but that no other Copper Coin whatsoever, shall be receivable in any Taxes or payments whatsoever to the United States.

And whereas, the great Quantities of Base Copper Coin daily imported into, or Manufactured within the Several States, is become so highly injurious to the Interest and Commerce of the same, as to require the immediate Interposion of the Powers vested by the Confederation in the United States in Congress, of Regulating the Value of the Copper Coin so current as aforesaid.

Be it Ordained, That no Foreign Copper Coin whatsoever, shall after the day of be current within the United States; and that no Copper Coin struck under the Authority of a particular State, shall pass as a greater Value than One Federal Dollar for two pounds and one quarter of a pound Avoirdupois Weight of such Copper Coin.

And whereas, an Uniformity in the Punishment of persons found Guilty of debasing and Counterfeiting the Coin of the United States, or knowingly uttering the same, is Essential for the prevention of such dangerous Offences.

Be it ordained, That if any Person or Persons shall debase or Counterfeit in any part of the United States, any Gold or Silver Coin struck under the Authority of the said States, or shall knowingly Utter or cause to be Uttered such debased or Counterfeited Gold or Silver Coin the party or parties so offending shall, if Convicted of the same in any Court of Record Established under the Authority of the State in which such Offence is Committed, Suffer the Pains and penalties of Death, without Benefit of Clergy. And be it further Ordained, That if any Person or Persons in any part of the United States shall in the manner above mentioned be convicted of melting, or filing, Clipping or otherwise impairing the Gold or Silver Coin of the United States, The party or parties so Convicted, shall for every such Offence be mulcted in a Fine of Dollars, Money of the United States, and suffer imprisonment for the space of Months.

And be it further Ordained, That if any Person or Persons shall in any part of the United States, make, Coin, or Counterfeit any of the Copper Coin of the United States, and be duly Convicted thereof in the manner above Recited, the Party or Parties so convicted shah foe 0237 685 every such offence forfeit the Sum of Dollars, Money of thr United States, and suffer imprisonment for the space of Months.

And be it further Ordained, That if any Person or Persons not authorised for such purpose by the Master Coiner of the Mint of the United States, shall make any Stamp, Die, or Mould, in Imitation of such as are used in the Mint of the United States, or shall convey out of the Mint any Stamp, Die or Mould, made or used in the Mint of the United States, and shall be thereof, duly convicted in the manner above recited, the Party or Parties so convicted shall for every such Offence forfeit the sum of , Money of the United States, and suffer Years Imprisonment.

And be it further Ordained, That the Residue of Fines imposed by Virtue of this Ordinance, after defraying the Expences incurred on the Prosecution for the same, to the United States, shall accrue to the benefit of the State in which the Conviction took place.

All which is most humbly Submitted. 1

1 This ordinance, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress , No. 59, III, folio 433. According to indorsement it was read September 21 and made the “Order of day for tuesday.” See post , October 10. The enclosing letter from the Board is in No. 140, II, folio 323.

Board of Treasury, September 20 th , 1786.

The Committee consisting of [Mr. Edward Carrington, Mr. John Cleves Symmes and Mr. Nathan Dane] to whom was referred a letter of the 16 th . March from Capt. Thomas Hutchins, Geographer of United States report as follows:

The Committee are of opinion from the best information they can get, that a Surveyor who shall fully and faithfully perform all the duties required of him by the “ordinance for Ascertaining the mode of disposing of the Lands in the Western Territory” cannot, upon an average, proceed more than two Miles per day which, upon the present allowance will entitle him to four dollars, and that in performing this Service he must incur the following daily expence, viz.:

dol.

For 2 Chain Carriers, 1 Chopper, and 1 Bat-man, at 24/90 ths . of a dollar each 1 6/90

For provisions for himself and the said 4 Men, 24/90 ths . ea 1 30/90

For the hire of 3 Horses at 24/90 each 72/90

Total 3 18/90

0238 686

This, making no allowance for the Surveyors own time and contingencies, leaves him a loser, and when it is considered that some time must be spent in preparation and travelling previous to the Commencement of the Work, and that interruptions will happen by means of bad weather and other casualties, this loss must still be greater. The Committee are of opinion that the allowance of milage to a Surveyor under the said Ordinance, to comprehend a satisfaction for his labour, his expences, and the casual losses of time, ought to be such as to entitle him for every day he shall proceed upon the work, upon an average to six dollars, and therefore submit to the consideration of Congress, the following resolution, viz.:

Resolved , That each Surveyor who shall be employed under the “Ordinance of the 20 th . May, 1785, for Ascertaining the mode of disposing of Lands in the Western Territory” be allowed and paid at the rate of three dollars for every mile in length he shall run, including the Wages of Chain Carriers, Markers, and every other expence attending the same. 1

1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 19, III, folio 237. It was read on this or an approximate date. See committee appointed this day on memorial of the Surveyors.

September 21: The following committee was appointed:

Mr. [Nathan] Dane, Mr. [Henry] Lee, and Mr. [Alexander] White, on a “Memi of Surveyors” of Western Lands for pay. It is dated August 14, Banks of the Ohio, and signed by Benjamin Tupper in behalf of all. It is in No. 41, IX, folio 415. Report was rendered September 25.

Committee Book No. 190 .

Also, according to indorsement, the committee report on a temporary government for the Western Territory was, this day, postponed. Committee Book No. 189 says it was transferred.

FRIDAY, SEPTEMBER 22, 1786.

Congress assembled. Present, as before. 2

2 September 22: The petition of James Giles, for depreciation of pay, was referred to the Secretary at War to report. It is in No. 42, III, folio 293, and according to indorsement was negatived March 22, 1787.

The petition of William Tapp, for depreciation, was read and referred to the Secretary at War to report. It is in No. 42, VII, folio 479.

Committee Book No. 190 .

MONDAY, SEPTEMBER 25, 1786.

Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from Pennsylvania, Mr. [Arthur] St. Clair.

On the report of a committee, consisting of Mr. [Nathan] Dane, Mr. [Henry] Lee and Mr. [Alexander] White, to whom was referred a memorial of the Surveyors employed in the western country, to lay out the lands of the United States, in pursuance of the Ordinance of Congress of May 20, 1785:

Resolved , That Benjamin Tupper, William W. Morris, Alexander Parker, James Simpson, Robert Johnson, Isaac Sherman, Absalom Martin and Edward Dowse, be allowed sixteen hundred and seventy-three dollars and 62/90 of a dollar, being the amount of their expenditures in the year 1785, as appears by their accounts accompanying the memorial of Thomas Hutchins, geographer of the United States, in December last, and that the geographer govern himself accordingly. 1

1 This report, in the writing of Nathan Dane, is in the Papers of the Continental Congress , No. 30, folio 427. According to indorsement it was read September 25 and the second resolve thereof postponed. See ante , December 27, 1785.

Resolved , That each surveyor who shall be employed under the said ordinance for ascertaining the mode of disposing Postponed . of lands in the Western Territory be allowed and paid at the rate of three two dollars and a half for every mile in length he shall run including the wages of chain carriers, markers, and every other expence attending the same.

The committee, consisting of Mr. [Rufus] King and Mr. [James] Monroe, appointed to confer with the legislature of Pennsylvania, being returned, Report, that in conformity with the act of Congress of the 11th day of August last, they have attended and conferred with the legislature of Pennsylvania, and on the 21 instant received a letter from the 0240 688 Speaker of the general Assembly of that State, together with their resolution of the same day, in reply to the resolve of Congress and the Communications of the committee, both which they laid before Congress. 1

1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 24, folio 425. The last phrase of the report is “both which are herewith submitted.” Speaker Thomas Mifflin's letter, on folio 427, states that the Pennsylvania “House have unanimously agreed to the Report; and I sincerely wish that the succeeding Assembly may be impressed with the Necessity of granting to Congress the Concessions you have requested.” An attested copy of the action of the Pennsylvania Legislature is in No. 69, II, folio 557.

The Board of Treasury to whom was referred the Memorial of William Finnie, beg leave to Report:

That on the Settlement of the Memorialists Accounts with the United States as Deputy Quarter Master General for the Southern Department during the late War, there appears to be due him the Sum of Seven thousand one hundred and Ninety-one Dollars, of which Two thousand Six hundred and thirty-four Dollars, and nineteen-ninetieths are stated to be advances made by him at different Periods from the year 1778, and partly in Specie.

That the Memorialist States that for part of this sum he has been actually sued, and obliged to pay; and therefore Prays that Directions may be given to the Comptroller of the Treasury to Cancell the Certificates issued to him for the Balance found due, and that he may receive Drafts for the Amount of the same on the Commissioner for receiving the Federal Taxes in the state of Virginia.

The Memorialist further Claims an Allowance of Pay from the first of January, 1777, to the first of January, 1781, as a Commissary of Military Stores in the State of Virginia, in part payment of which alledges to have received Warrant on Pay Master of the Board of War which has not yet been satisfied.

On the first part of this Memorial the Board beg leave to Report:

That the Claim of the Memorialist for the Reimbursement in Specie of the Monies by him Stated to be advanced for the Service of the United States cannot in the opinion of the Board be considered in a more favorable Point of View, than the Claims of Persons who lent their Money at the same time to the United States, and who have received but a small part of their Interest, and no part of their principal and therefore that it would not be proper to make any 0241 689 distinction in the payment of the Balance appearing due to Mr. Finnie; even if the State of the Treasury was adequate to such payments.

On that Part of the Memorial of Mr. Finnie Claiming pay for his Services as Commissary of Military Stores, the Board beg leave to inform Congress that this Claim has been examined by the proper Officers of the Treasury (Copies of whose Reports on the same are annexed), and that the reasons offered in these Reports appear to the Board sufficient for not admitting any part of the Claim exhibited by Mr Finnie for the purposes above mentioned.

All which is most humbly Submitted. 1

1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress , No. 138, I, folio 405. According to indorsement it was read September 25. The inclosures mentioned are on folios 409 and 417. See post, September 28.

Board of Treasury, September 25 th ., 1786.

The Board of Treasury to whom was referred a Memorial of the late Brigadier General Scott, claiming Compensation for sundry Expenditures stated to have been by him made for the Relief of the sick Persons at Haddrels Point in the State of South Carolina in the years 1780 and 1781, beg leave to Report:

That the Proofs offered by Gen l . Scott in support of this Claim are not of that Nature as to admit of a Settlement of the same agreeably to the Usual Forms of the Treasury; or to Enable this Board to form a proper Judgement of the propriety of making the United States chargeable with the Amount thereof.

That this defect of Proof (from the Statement of General Scott) appears imputable to the Desertion of a certain William Kelly (an Aid-de-Camp to the Genl.) who had the Custody of his Papers, amongst which was the particular Account of the Supplies for which Payment is claimed.

That on a Conference with the Commissioner for settling the accounts of the Hospital Department, the Board find that it will be proper to defer a decission on General Scott's Claim 'till further information is obtained of the Necessity of furnishing supplies above mentioned.

0242 690

They have therefore directed the Commissioner for settling the Accounts of the Hospital Department to lose no time in making the necessary enquiries on this Object.

All which is humbly Submitted. 1

1 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress , No. 138, II, folio 303. According to indorsement it was read September 25 and referred to Mr. [Arthur] St. Clair, Mr. [Edward] Carrington and Mr. [William Samuel] Johnson. See post , September 29 and October 3.

September 25: The following committee was appointed: Mr. [Arthur] St. Clair, Mr. [Jonathan] Sturges and Mr. [Edward] Carrington, on “Report of Com r . hospital Acco ts . on petition of Berrien's Executors.” A report was rendered October 9.

A letter of August 23 from Oliver Pollock was referred to the Board of Treasury. See post , October 3.

A petition of George Jay, praying a ruling of Congress on the specie value of debts due European merchants. It is in No. 42, IV, folio 84, and was forwarded to Congress in a letter of September 22 from the Secretary for Foreign Affairs, who remarked that “it appears to me expedient that all Doubts (if there really be Room for any) respecting the Nature of the Public Securities be removed; for if they could by acquiring Credit and Currency, become subservient to Commerce, our Merchants would be benefitted by it.” Jay's letter is in No. 80, III, folio 81.

The petition of George Thompson, executor of the late General William Thompson, for payment of his ration allowance, was referred to the Commissioner of Army Accounts to report and a report rendered September 28, which was read September 29.

Committee Book No. 190 .

Board of Treasury, September 22 d ., 1786.

TUESDAY, SEPTEMBER 26, 1786.

Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia.

General Post Office , New York, Sept r . 25 th ., 1786 .

Sir : It is with great Reluctance that I intrude upon your Excellency at this Time, but such is the nature of the Case, that silence would be criminal.

0243 691

The Irregularity attending the Arrival of the Mall cannot have escaped the Observation of Congress, and the Inattention to its Safety is equally great but no actual Damage can be proved. One only of the contracting Proprietors of the Stages has fulfilled the Stipulations in the Contract; and yet it is said we have no Remedy. Upon an Application to the Commissioners of the Treasury, some of them thought the Bonds of the Delinquents ought to be put in Suit; but others were in doubt whether this could be done with any Prospect of Success as we could not prove any actual Damage sustained; they directed me to apply to Alexander Hamilton Esqr. for his opinion; and having seen it, thought it adviseable not to risque a Prosecution. The Mail arrives as irregularly as formerly and even more so; there is one now due from the Southward of Philadelphia, which should have arrived here Friday Evening; and the Philadelphia Mail which should have arrived on Friday Evening was not brought to the Office til ten O'Clock on Saturday Morning; and was then delivered by a negro Boy about fifteen Years of Age, who said he had brought it over the River the Night before, that he did not know it was the Mail, but had thrown it upon the Wharf with the Baggage of some Passengers to whom he thought it belonged; that upon their telling him the x contrary he put it again on board the Boat, where it remained til two O'Clock in the Morning when he carried it to a neighbouring House; and that it was not discovered to be the Mail until just before he brought it to the Office.

There has been similar, though not equal Inattention to the Eastern Mails which frequently are left at the Office as late as at Eleven and Twelve O'Clock at Night; and in a late Instance, have been carried about the City (and even past the Office) in the Waggon til the Passengers were set down at their respective houses, and then the Mail was left at the Stage-House, from whence it was sent to the Office. These things as well as that the Drivers are not all under Oath, have been represented to the Proprietors but without Effect; and my last Letter to one of them (of which I take the Liberty to enclose a Copy) remains unanswered. I cannot think it right to pay the public Money under such Circumstances without first requesting the direction of Congress and that they may more easily form an Opinion, I take the Liberty of enclosing—

N o . 1. A Copy of the Contract.

2. The Condition of the Proprietors Bonds; and

3. Queries proposed to Mr Hamilton with his Replies.

0244 692

The present Quarter will expire the 30 th Ins t . and the Proprietors will expect their Money (which will be ready for them) on the first of next Month.

I have the honor etc.

Eben Hazard . 1

1 This letter is in the Papers of the Continental Congress , No. 61, folio 259. It was read, according to indorsement, September 26 and referred to Mr. [Rufus] King, Mr. [Edward] Carrington, and Mr. [William Samuel] Johnson. A further indorsement, by Roger Alden, reads “Not reported.” The inclosures are on folios 263–74.

Sep . 26, 1786.

On motion of Mr. [Charles] Pinckney, seconded by Mr. [Henry] Lee,

Resolved , That the commission and instructions issued to Mr. John Lamb, for the purpose of negotiating with the Barbary powers, be and they are hereby vacated and annulled; and that the Secretary for foreign Affairs take the necessary measures for directing Mr. Lamb immediately to repair to New York. 2

2 This proceeding is entered by Thomson in Secret Journal, Foreign, No. 5. A copy by Benjamin Bankson, signed by Thomson, is in Secret Journal, No. 6.

September 26:

On this day the Board of Treasury reported on the accounts of money advanced to delegates, in accordance with the resolve of September 19. The report, the reading of which in Congress cannot be verified, is in No. 140, II, folio 327. It is indorsed by Roger Alden: “See printed Statement containing 82 pages from Registers Office.”

Also, according to indorsement, were read two letters of September 25, from the Secretary for Foreign Affairs. The first transmitted a letter of July 5 from William S. Smith announcing the failure of British plans to aid South America to revolt from Spain and the probability of Britain's next move being against the Mississippi Country. Jay's letter is in No. 80, III, folio 85; Smith's is in No. 92, folio 98. The second letter from the Secretary for Foreign Affairs inclosed two letters from John Adams, one of June 27 informing that the Queen of Portugal had dispatched a squadron to protect Portuguese ships from the Algerines and had ordered it to protect American ships also. Jay's letter is in No. 80, III, folio 89; Adams' is in No. 84, VI, folio 307. See post , September 29. Adams' letter of July 30 treats of incidental matters and is on folio 343.

WEDNESDAY, SEPTEMBER 27, 1786.

Congress assembled. Present as yesterday.

The Agents for the States of New York and Massachusetts, presented to Congress the following representation and request, to wit:

To the honorable the United States of America in Congress assembled, the subscribers, Agents of the States of New York and Massachusetts, beg leave to represent that they have agreed upon the hon ble . William Hooper, Esq r . of North Carolina, to be a judge instead of the honorable James Monroe, esquire, who hath declined his appointment to sit in a federal court, for the trial of a controversy between the said states of Massachusetts and New York, which controversy is suggested in the petition of the former, now on the journals of Congress; and thereupon the said Agents do humbly request that notice hereof may be given to the said William Hooper, esq r . and that upon his acceptance, a commission may be issued to him, together with the Honorable Thomas Johnson, George Wythe, George Read, Isaac Smith, William Patterson, Samuel Johnson, William Fleming and John Seagraves, esquires, constituting them a court, according to the Confederation, to hear and determine the controversy aforesaid.

Dated 22d September, 1786.

N. Gorham , R. King , N. Dane , Agents for Massachusetts .

Jas. Duane , John Haring , Melancton Smith , Egbert Benson , Agents for New-York . 1

1 The original is in No. 67, II, folio 507. A draft of Thomson's letter to William Hooper, notifying him of his appointment, is in No. 55, folio 327.

Office of Secretary of Congress , Sept. 27, 1786 .

On the petition of Robert Yauncey stating that in March, 1777, he acted as paymaster to the first regiment of Cavalry; that in discharge 0246 694 of his duty he repaired to Middlebrook and before he had finished paying the Men the enemy advanced and he lost a horse.

The Secretary of Congress reports that the petition Agreed 28 Sept. of Robert Yauncey be referred to the board of treasury. 1

1 This report is entered in Reports of the Secretary of Congress , No. 180.

On this day also, according to indorsement, was read a letter of September 25 from Samuel Holden Parsons, explaining his delays in starting under his appointment. It is in No. 78, XVIII, folio 611.

THURSDAY, SEPTEMBER 28, 1786.

Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina and Georgia; and from Maryland, Mr. [Nathaniel] Ramsay.

September 28, 1786.

A motion having been made by Mr. [Charles] Pinckney, seconded by Mr. [Edward] Carrington, in the words following:

Whereas under the ninth of the Articles of Confederation the assent of nine states is necessary for the purpose of entering into treaties or alliances: And whereas the hon ble . John Jay, Secretary to the United States for the department of foreign Affairs, was on the 20 July and 25 August, 1785, with the assent and under the authority of nine States, instructed to enter into a negotiation with Don Diego de Gardoqui, Encargado de Negocios of his Catholic Majesty, upon certain principles, and under certain restrictions herein after mentioned: And whereas, on the 29th day of August last, on the report of a committee of the whole being taken into consideration, only seven states agreed that the last clause in the said instructions, namely, “And that the following be substituted in its place—that the Secretary to the U. S. for the department of foreign Affairs be and hereby is instructed, in his plan of a treaty with the Encargado de Negocios of 0247 695 his Catholic Majesty, particularly to stipulate the right of the United States to their territorial bounds, and the free navigation of the Mississippi from the Source to the Ocean, established in their treaties with Great Britain, and that he neither conclude or sign any treaty, compact or convention with the said Encargado de Negocios, until he hath previously communicated it to Congress and received their Approbation,” should be repealed; which repeal tending to enlarge and alter the powers of the Negotiator, and leaving him at liberty to form a treaty upon other and more extensive principles than the former instructions authorised, is objected to by the states of Maryland, Virginia, North Carolina, South Carolina and Georgia, who consider the said question of a partial repeal as lost, as the powers of a Negotiator on the subject of forming treaties ought not, or cannot by repeal or otherwise be altered or enlarged by a less number than nine states, without a flagrant violation of the principles of the Confederation, and a destruction of those guards it has wisely established for protecting the interests of all the members of the confederacy: And whereas, notwithstanding the said question ought to be considered as lost, and although the President only declared that a majority of the house, (meaning the said seven states) had agreed to that part of the report of the committee of the whole, but did not decide that the same was carried, and could be considered as a constitutional resolution of the house, the Secretary of Congress has entered the same on their journal as a resolution of the house; which said entry is not a true account of the proceedings of Congress. The sense of Congress is required on the following question—Is the Entry on the journal of the proceedings of the 29th day of August last, a true state of the said proceedings so far as they respect the assent of the said seven states to the repeal 0248 696 of that part of Mr. Jay's instructions beforementioned; or ought the same to be entered on the journal in the nature of a resolution, as being substantially the same as that moved and set aside by the previous question on the 31st of August? and therefore—

On this a question of order was moved contrary to the order of the 1st of the present month, viz. “That when a question is set aside by the previous question, it shall not be in order afterwards formally or substantially to move the same unless there shall be the same or as many states represented in Congress.” And the president having declared that the said motion was not in Order, an Appeal was made from the judgment of the chair by Mr. [Charles] Pinckney; and on the question, Shall the judgment of the president be reversed, the yeas and nays being required by Mr. [Charles] Pinckney 1 —

1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 81, II, folios 293–97. The vote is entered on this manuscript in Thomson's writing.

Massachusetts, Mr. King, no no Dane, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Haring, no no Smith, no New Jersey, Mr. Cadwallader, no Symmes, ay no Hornblower, no Pennsylvania, Mr. Pettit, no no St. Clair, no Maryland, Mr. Ramsay, no * Virginia, Mr. Carrington, ay div. Lee, no North Carolina, Mr. Bloodworth excused at his request. White, no * South Carolina, Mr. Bull, ay Pinckney, ay ay Parker, ay Georgia, Mr. Houstoun, no div. Few, ay 0249 697

So the question was lost.

A motion was then made by Mr. [Charles] Pinckney, seconded by Mr. [Edward] Carrington.

That the injunction of Secresy be taken off so far as to allow the delegates in Congress to communicate to the legislatures and executives of their several states the Acts which have passed, and the questions which have been taken in Congress, respecting the Negotiation between the United States and his Catholic Majesty. 1

1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 81, II, folio 201.

And on the question to agree to this, the yeas and nays being required by Mr. [Charles] Pinckney—

Massachusetts, Mr. Gorham, no King, no no Dane, no Rhode Island, Mr. Manning, no no Miller, no Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Haring, no no Mr. Smith, no New Jersey, Mr. Cadwallader. no Symmes, ay no Hornblower, no Pennsylvania, Mr. Pettit, no no St. Clair, no Maryland, Mr. Ramsay, ay * Virginia, Mr. Monroe, ay Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, ay ay White, ay South Carolina, Mr. Pinckney, ay ay Parker, ay Georgia, Mr. Houstoun, no div. Few, ay

So the question was lost. 2

2 This proceeding was entered by Thomson in Secret Journal, Foreign , No. 5. A copy, signed by Thomson, is in Secret Journal , No. 6.

In No. 81, II, folio 292, Papers of the Continental Congress , is the following motion, in the writing of Nathan Dane. It is undated but appears to belong to this period: “ Resolved , That the delegates in Congress assembled have leave to communicate to the Legislatures of their respective states the difficulties which imbarrass Congress relative to the instructions given to the Hon ble . John Jay Esqr. to be observed by him in his management of a treaty with his Catholic Majesty in order to obtain from the Legislatures of the several states instructions to their delegates touching the premises, that their delegates may govern themselves accordingly.”

0250 698

War Office , September 28 th , 1786 .

Sir : I have the honor to transmit to Congress the copy of a letter received from his Excellency Governor Bowdoin, and also a copy of his orders to Major General Sheppard in consequence of my representation of the 16 th instant. The Governor must have supposed I still remained at Springfield and therefore enclosed Major General Sheppard's original orders to me at that place.

I cannot refrain from remarking to the honor of his Excellency's Zeal for the protection of the stores of the United States that his orders were issued instantly on the receipt of my letter. But as I apprehend that some serious difficulties might arise were I in consequence of the Governor's orders to General Sheppard, to desire him unconditionally to call forth a considerable body of the militia, and station them at the Arsenal, I humbly beg leave to state them to Congress.

At the time I wrote to the Governor from Springfield the height to which the disorders might arise, or the direction they might take were uncertain. Enough of a lawless and desperate spirit had been manifested to alarm the well affected to Government for the safety of the stores. The real-contents openly avowed the idea, that should the Government attempt to punish them, that they easily could obtain the means of defence from the Arsenal. Their conduct had already evinced that they were capable of perpetrating this crime however great.

I could not ascertain with precision, the nearness, or degree of danger, which threatened the stores, as both might depend materially, on the vigor with which the government might proceed in punishing the ring leaders of the insurrection. I could not therefore request a guard of any specific numbers, but supposed that circumstances must regulate its strength. But the information of some of the most respectable characters in the state, render it my duty to make the application to the Governor.

Springfield is surrounded by the disaffected, who must however be supposed to be much inferior in number, to those whose affections are 0251 699 favorable to Government, yet their deficiency in this respect might probably be made up by their daring temerity. A feeble attempt to raise a guard for the protection of the stores would probably precipitate their loss, as the real-contents might regard it as the first step towards their destruction.

In so critical a case, all that appeared practicable was an endeavour, that Major General Sheppard should be invested with the legal authority, to call forth the well affected militia, and take every other necessary measure, which exigencies might require. His residence in the vicinity of Springfield, his vigilance and dispositions would enable him from time to time to know the designs of the mal-contents and to endeavor to frustrate them. In the last resort, if he should be dubious of his force, it was considered as practicable to obtain a decided superiority from the neighbouring militia of Connecticut.

Besides the danger before alluded to in calling out a body of militia for the security of Springfield, the expense of subsisting them would be considerable, and must be defrayed by the United States, which if practicable would greatly embarrass the Treasury.

Were there a respectable body of troops in the service of the United States, so situated as to be ordered immediately to Springfield, the propriety of the measure could not be doubted. Or were the finances of the United States in such order, as to enable Congress to raise an additional body of four or five hundred men and station them at the respective arsenals the spirit of the times would highly justify the measure. For it may be observed that if one of the Arsenals which was conceived to be perfectly secure from its situation, is suddenly endangered from strange circumstances, the others are liable to the same evil, and in an instant the nation may be deprived of its invaluable apparatus of war, which may be converted to the subversion of all government.

But it would be an evil of the most dangerous tendency to raise an additional body of troops and station them at the Arsenals without the absolute certainty of paying them much better than those now in service on the frontiers.

Having thus stated the previous steps on this occasion, I beg leave humbly to submit to Congress, Whether considering the nature of a militia guard, the probable operation such a measure may have on the conduct of the mal-contents and the certainty of a considerable expence which would be incurred, it would be proper to enforce unconditionally the orders of his Excellency Governor Bowdoin to 0252 700 Major General Sheppard of the Massachusetts militia, to raise a certain body of men for the protection of the Arsenal at Springfield; or whether it would not be most proper, to rest the execution of the order with Major General Sheppard agreeably to the arrangements already made with him on the subject.

I feel a diffidence in troubling Congress with this matter, but its importance and the critical circumstances attending it, will I hope plead my excuse.

I have the honor to be etc.

His Excellency, The President of Congress.

H. Knox . 1

1 This letter is in the Papers of the Continental Congress , No. 150, I, folio 567. A copy of Gov. James Bowdoin's letter, dated September 19, is on folio 559. A copy of Bowdoin's orders to Maj. Gen. William Sheppard is on folio 563.

September 28: The following committee was appointed: Mr. [Rufus] King, Mr. [Melancton] Smith and Mr. [Nathan] Dane, on “Report of board of treas y . on mem l . Will m . Finney.” Report was rendered October 4.

The account of John Quincy Adams, as secretary to Francis Dana, and rendered by Dana, was referred to the Board of Treasury to report and a report rendered October 13.

The petition of Robert Yauncey was referred to the Board of Treasury.

Committee Book No. 190 .

FRIDAY, SEPTEMBER 29, 1786.

Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia.

Congress proceeded in the Consideration of an Ordinance for the government of the Western territory, reported by Mr. [William Samuel] Johnson, Mr. [Charles] Pinckney, Mr. [Melancton] Smith, Mr. [Nathan] Dane and Mr. [John] Henry:

And the following clause being under debate, to wit:

The governor, judges, legislative council, Secretary, and such other officers as Congress shall at any time think proper to appoint in such district, shall take an Oath of Office, prescribed on the 27 day of January, 1785, to the Secretary at War, mutatis mutandis .

0253 701

A motion was made by Mr. [Melancton] Smith, seconded by Mr. [John] Haring, to amend the same, by striking out the latter part of that paragraph, viz.

“An Oath of Office, &c.” to the end; and in lieu thereof, inserting, “An Oath of fidelity to the United States, in the words following, viz. I, A. B. appointed to the Office of do acknowledge, that I do owe true and faithful allegiance to the United States of America, and I do swear (or affirm) that I will, to the utmost of my power, support, maintain and defend the said United States in their freedom, sovereignty and independence, against all opposition whatsoever.” And also, an Oath of Office in the words following, viz. I, A. B. appointed to the Office of do swear (or affirm) that I will faithfully, truly and impartially execute the Office of to which I am so appointed, according to the best of my skill and judgment.

On the question to agree to this amendment, the yeas and nays being required by Mr. [Melancton] Smith,

Massachusetts, Mr. Gorham, ay King, no no Dane, no Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, no no Sturges, no New York, Mr. Haring, ay ay Smith, ay New Jersey, Mr. Cadwallader, ay Symmes, ay ay Hornblower, ay Pennsylvania, Mr. Pettit, no no St. Clair, no Maryland, Mr. Henry, no * Virginia, Mr. Carrington, no * North Carolina, Mr. Bloodworth ay ay White, ay South Carolina, Mr. Bull, no Pinckney, no no Parker, no Georgia, Mr. Houstoun, no no Few, no

So the question was lost.

A motion was then made by Mr. [Melancton] Smith, seconded by Mr. [Timothy] Bloodworth, to strike out the 0254 702 paragraph; And on the question, shall the paragraph stand? the yeas and nays being required by Mr. [Melancton] Smith,

Massachusetts, Mr. Gorham, no King, ay ay Dane, ay Rhode Island, Mr. Manning, ay ay Miller, ay Connecticut, Mr. Johnson, ay div. Sturges, no New York, Mr. Haring, no no Smith, no New Jersey, Mr. Cadwallader, ay Symmes, ay ay Hornblower, no Pennsylvania, Mr. Pettit, ay ay St. Clair, ay Maryland, Mr. Henry, ay * Virginia, Mr. Monroe, no Carrington, ay ay Lee, ay North Carolina, Mr. Bloodworth, no div. White, ay South Carolina, Mr. Bull, ay Pinckney, ay ay Huger, ay Georgia, Mr. Houstoun, ay ay Few, ay

So it was resolved in the affirmative.

The further consideration of the Ordinance being postponed,

War Office , 29 Sept. 1786 .

Sir : I have this Inst. receiv'd the Orders of Congress, and shall immediately proceed to the execution. I take the liberty to submit to the consideration of Congress whether, as some other unavoidable expences will arise in the prosecution of this business so that it will not be proper that the Treasury Board should advance me a sum of Money not exceeding one thousand Dollars for which I shall be accountable.

I have the honor etc.,

H. Knox . 1

1 This letter is in No. 150, I, folio 575.

His Exc y . The President of Congress.

0255 703

On motion of Mr. [Charles] Pinckney, seconded by Mr. [John] Henry,

Resolved , That the board of treasury be, and they are hereby directed, to advance to the secretary at War, one thousand dollars; he to be accountable. 1

1 This motion, in the writing of Charles Thomson, is indorsed on Knox's letter of September 29, above.

The delegates for Georgia, laid before Congress an Act of that state, in pursuance of the recommendation of the 30 April, 1784, passed the 2d of August, 1786, vesting the United States in Congress assembled, for the term of 15 years, commencing on the day Congress shall begin to exercise the powers, with a power to prohibit the importation or exportation of goods, wares or merchandize, in ships belonging to, or navigated by subjects of powers with whom the U. S. shall not have formed treaties of Commerce, and to prohibit the subjects of foreign states, unless authorised by treaty, from importing goods, wares or merchandize which shall not be the produce or manufacture of the dominion of the sovereign whose subjects they are, provided that nine states agree in the exercise of this power, and that it do not extend to prohibit the importation of negroes, and that the Act shall not have force until the other twelve states have substantially complied with the recommendation above mentioned. 2

2 An exemplification of this act of Georgia is in No. 76, folio 282.

The Commissioner for settling the Accounts of the late Army, to whom was referred the Petition of George Thompson, Executor, to the Estate of the late Gen l . W m . Thompson, begs leave to report that the Petitioner's Demand for rations of the General from the 8 th of June, 1776, the time of his being made a Prisoner, to the 3 d . of September, 1781, when he died, is attended with some difficulties; the principal of which is that the General Officers of the Army not being confined to one ration daily as was the case of the regimental officers, have drawn from different Commissaries, such quantities of Provisions on Account, as they found necessary for the supply of their respective Tables. That but few if any of those Gentlemen ever kept any regular account of their drafts upon the Commissaries, and that the Accounts of that department (as will appear by Mr. Burrell's Letter to your Commissioner accompanying this report) are in such a situation that they cannot furnish such Information as may 0256 704 be relied on, in the case of Gen l . Thompson, as there is no Account of his, by which the quantity drawn may be determined, your Commissioner has searched in the Office of Mr. Burrell for the Accounts, and finds that the Gen l . received rations at Carlisle from September 1 st , 1777, the Account of which is obtained, but whether he drew any before that time and where, is unknown as well as whether he drew after that time from any other Commissary, tho' it is probable he did not as he was for the most of the time a Prisoner and on Parole and lived with his Family at that Post.

Your Commissioner further begs leave to report on the Forage Account, which is for the same Period of time with the rations, that he has not in any Instance undertaken the settlement of such Accounts, because that these allowances have ever been considered as within the Forage Master or Quarter masters department, and the knowledge of the quantity drawn by the Officers and of what has been paid for, can not be come at, so that the Accounts can be checked. Nor is your Commissioner informed of the Price or Quantities of a ration of forage as allowed from time to time in that Department or whether the Exception of the resolve of July 15 th , 1780, confining the Allowance to Officers in Camp, and those on public service, has been construed to include the Prisoners.

Your Commissioner further begs Leave to report that the Gen l . stands charged in the public Books with the following sums, viz.:

1775 July 29 th ., on Acc t . of his Reg t . 5, 000

October, Pay of his Reg t . for Augs t . 4, 671 30

Nov r ., d o . for September 4, 541 76

1776 Oct r . 2 d , for men ret d . from Captivity 5, 366 60

Dolls 19, 579 70

for which no perfect Account of its Payment can be rendered by his Executor; but as the Pay of the Regiment has not been drawn prior to August, 1775, and as the Gen l . made Advances for the recruiting and Equipment of the men, it is clear to your Commissioner that the Gen l . must have necessarily advanced at least to the Amount of 5,000 dollars charged against him. The two following sums have no Vouchers and the last is considerably deficient but as the Money was received on Accounts settled and for men present at the time it was drawn it is reasonable to conclude that it was paid as soon as received; this Conclusion may also be justified from the Gen ls . Character, and that the Men have always a Claim on his Estate in Case it was not paid.

0257 705

The Petitioner has also produced an Account extracted from sundry memorandums and Papers found since the Gen ls . decease; they consist of extra personal Expences Monies paid to Indians, for Expresses, Spies, Provisions, Medecine, Camp Furniture, and Advances to Officers, most of which are accompanied with no vouchers for the Payment of the Money excepting the original Accounts and that they the United States yet your Commissioner conceives it to be necessary in Case they are admitted that he should first be honored with the Approbation of Congress.

All which is humbly submitted.

Jn o . Pierce . 1

1 This report is in the Papers of the Continental Congress , No. 62, folio 185. According to indorsement it was read September 29. Committee Book No. 190 states that it was referred to Mr. [Arthur] St Clair, Mr. [Melancton] Smith and Mr. [John] Henry, who reported October 2.

Office of Army Accounts, Sept. 28 th ., 1786.

The Committee consisting of [Mr. Arthur St. Clair, Mr. Edward Carrington and Mr. William Samuel Johnson] To whom was referred the memorial of the late General Charles Scott, together with the report of the Treasury board thereupon beg leave to report:

That it appears from the receipt of a certain Job Colcock, that the memorialist paid him five Hundred and fifty pounds sterling, fifty pounds whereof was for a discount in negotiating a Bill of exchange Drawn by the memorialist on Robert Munford and Thos. Parson Esqrs. and the remaining five hundred pounds was for the amount of sundry dealing during the memorialists Confinement as a Prisoner on Hadrels point, in the years 1780 and 1781. It appears from the certificates of a certain Cornelius Baldwin Senior Surgeon, and Sundry Field Officers of the Virginia line, who were prisoners with the memorialist, that he did furnish Hospital Stores for the sick of the said line, while on Hadrels point, to a very considerable amount. It appears by the oath of the memorialist, that in destitute situation of the said Prisoners, of both public and private means of obtaining Hospital Stores, and by the sickness which prevailed amongst them, they were reduced to the most extreme distress. that soon after they had been placed on Hadrels point, the memorialist obtained from his Friends in Virga. such sums in money and letters of Credit, as enabled him to administer some relief to the sufferers who were less fortunate than 0258 706 himself. That, in this situation it was impossible for him to withhold from them such things as their comforts, and in many instances lives depended on. That a part of the Funds extended to him consisted in a power to draw upon Robert Mumford and Thomas Parson Esqrs. to the amount of five hundred pounds sterling, if he could negotiate such a draft. That the aforesaid Job Colcock agreed to give him a Credit in such dealings as he might from time to time want for such a draft. That upon this Credit there were obtained from Mr. Colcock during the memorialists confinement such articles as were wanted for the use of his Family, and for the purposes aforesaid. that the things were generally brought to the memorialists quarters and from thence drawn for the use of the sufferers as they were required. That the memorialist directed a certain William Kelly who had for several years lived in his family as an Aid de Camp, and had usually done his public, as well as private business, to keep an Account of the expenditures that should go out of the Family. that the said William Kelly deserted sometime before the memorialist left his confinement to come home on parole, and left none of the Accounts which had come into his hands in these transactions, so that the memorialist is now unable to shew the particulars that were furnished for public use, except as to 160 lb. of Bark at 30/ per. pound, which, being all purchased at once is perfectly within the memorialists remembrance, but the memorialist alledges, that Wine, Sugar, Coffee, Vinegar, and other things of such kind were in the same manner obtained, as the distresses of the Prisoners demanded them. that he was himself in so low a state of health as to require what he used, rather as an invalid, than otherwise, and that he did not remain with the other Prisoners longer than about ten Months.

Your Com. upon considering the foregoing statement, are of opinion that the peculiar situation of General Scott at Hadrels point, was such as to merit a very liberal interposition of Congress to reimburse the expenditures which were really made by him for the relief of the sick Prisoners there, as it is well known that Congress could not, and therefore did not at that time afford what was adequate to that purpose, it is also to be considered that the fatigues of the Siege these unhappy Men had just before sustained, the climate and the season of the year, all conspired to occasion much sickness amongst them and that a man circumstanced as the memorialist was, high in Rank and naturally looked to for relief by the sufferers could not have 0259 707 with held from them the supplies which it was in his power to administer.

Your Com. are therefore of opinion that the memorialist ought to be paid for so much of his claim as can with reasonable certainty be adjudged to have been necessarily furnished for public use which in their opinion is sufficiently ascertained as to the Bark, as such an article could not be required for any other than Hospital use but as the other parts of the claim are for articles which are not in their application peculiar to hospital demands, your Com. think it will be proper to refer to those who were at that time charged with the care of the public hospitals for regular information whether the public supplies were adequate to the necessities of the sick to whom it is alledged these were made by the memorialist and upon such information it will be proper for such further decision to be made as may seem just. Your Com. therefore submit the following Resolution. 1

1 This report, in the writing of Edward Carrington, is in the Papers of the Continental Congress , No. 19, V, folio 301. The resolution submitted was adopted October 3 and is there spread verbatim on the Journal.

Also, on September 29, according to indorsement, “The injunction of Secresy” was taken off of the letter of the Secretary for Foreign Affairs, of September 25, forwarding letter of John Adams, and the business referred back to the Secretary for report. See ante , September 26,