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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled. Present, Massachusetts, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the state of New Hampshire, Mr. [Pierse] Long; from Rhode Island, Mr. [David] Howell; from New Jersey, Mr. [Lambert] Cadwallader, and from North Carolina, Mr. [William] Cumming.1
[Note 1: 1 On this day, according to Committee Book No. 190, a Mr. Robins (Thomson has blurred the name and hyphened it) was nominated by the Delegates of Massachusetts for Commissioner to negotiate with the Western Indians, in the room of Authur Lee.]
Office for Foreign Affairs,
15th. August, 1785.
The Secretary of the United States for the Department of foreign Affairs, to whom was referred the application of the Delegates of Pensylvania relative to the Conduct of Captain Morales in receiving on Board and Carrying away in his Frigate a Servant of a Citizen of Philadelphia, Reports--
That he immediately laid the Said Application and the Papers which accompanied it before the Encargado de Negocios of his Catholic Majesty; and that he gave your Secretary full and express Assurances that he would without Delay take every proper Measure in his Power for obtaining Justice and Redress.
John Jay.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 81, I, folio 327. According to indorsement it was read this day.]
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Board of Treasury,
12th. August, 1785.
The Board of Treasury to whom was Referred the Memorial of John Taylor Gilman, Executor of Nicholas Gilman Esqr. late Continental Loan Officer for the State of New Hampshire, beg leave to Report--
That the Allowance made to the said Nicholas Gilman deceased was such as Congress by the Resolves of the 3d of October, 1776, and 29th. September, 1778, thought adequate to the Execution of that Office.
That the Services in the said Office commenced in April, 1777, and that all the principal Business ceased in the latter end of the Year 1780, during which time the Commissions and other Allowances to the said Nicholas Gilman deceased amounted to One thousand Seven hundred and sixteen Dollars, seventy ninetieths.
That a very considerable part of this Money has been paid in solid Coin; and no Depreciation suffered on any part of it.
That it cannot be presumed from the amount of Business transacted in the Loan Office of the State of New Hampshire that the whole Time of the Officer was thereby necessarily engrossed.
That if additional Allowances for Service be made to Officers who have had the full benefit of the promises of the United States, and whose attention has not been altogether diverted from Domestic pursuits; what would be the expectations of those, who from various contingencies, have scarcely derived any solid Benefit from the Allowances of Congress, and whose Time, Health and Life, have been altogether devoted to the Service of their Country
From these Considerations the Board submit to Congress the following Resolve.
That the Prayer of the Memorial of John Taylor Gilman Executor of Nicholas Gilman deceased, late Loan Officer for the State of New Hampshire for an additional Allowance for his Father's Services, cannot be complied with.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, I, folio 533. According to the indorsement it was read this day. Committee Book No. 191 states that the report was filed.]
Office for Foreign Affairs,
15th August, 1785.
Sir: Having well considered the Nature of the proposed Negociation with the Encargodo de Negocios of his Catholic Majesty, and of
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the Commission and Instructions which Congress has been pleased to give me on that Subject; it appears to me proper to submit the following Remarks to their Consideration.
The Commission in my Opinion is well drawn. The Instruction which restrains me from agreeing to any Article, Compact, or Convention without the previous Approbation of Congress is prudent and wise. But the Instruction which directs me previously to communicate to Congress every Proposition which in the Course of the Negociation I may think expedient to make to Mr. Gardoqui, as well as every Proposition which he may in our Conferences throw out to me, will, I apprehend be exceedingly embarrassing.
I am apprized and feel the Delicacy of asking for Power, and it is far from my Wishes to be left at Liberty to bind Congress by any Acts of my Discretion,--the first part of the Instruction provides against that, and I shall tell Mr. Gardoqui, whenever we enter on the Business, that I can finally conclude upon and sign nothing without the previous Approbation of Congress.
But when I consider that in the Course of every Negotiation, various Propositions will be made and received, which never take Effect; and that Arguments and Answers to Arguments often assume that Form, and may be classed under that Denomination; I am exceedingly at a Loss to concieve how it will be possible for me to comply with this Instruction and yet do Business in the usual, and in my Opinion the most natural and proper Way.
It is proper and common to instruct Ministers on the great Points to be agitated, and to inform them how far they are to insist on some, and how far they may yield on others. But I am inclined to think it is very seldom thought necessary to leave nothing at all to their Discretion; for where that ought to be the Case, the Man ought not to be employed.
Should Mr. Gardoqui discover (and discover it he will) that every thing he may say to me, which may be denominated a Proposition, is to be reduced to Writing and laid before Congress, I think it probable that he would observe more Caution and Reserve, than he might otherwise deem necessary and it does not strike me as expedient thus to urge him to be circumspect.
The Delays which a Compliance with this Instruction will necessarily create, merit some Attention; not so much on Account of their Importance in themselves, as because I fear that Delays which proceed from frequent Recurrences to Congress for Instructions on
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contingent and secondary Propositions, will appear affected, and consequently, tend to disgust, especially if he and his Court, Judging by the common Practice, should think such Recurrences unaccustomed and unnecessary.
I am not sanguine in my Expectations that a Satisfactory Termination of this Negociation is practicable in whatever way it may be managed--Obstacles of Weight and Magnitude are in the Way, and I am not without Doubts of the possibility of removing them at present--Such being the State of Things, it is to be wished that if the Negotiation should be fruitless the two Nations may return from it without Irritation on either Side.
I know that it is with Congress to give Instructions, and that it is my Business faithfully to execute and obey them--If in their Opinion the Instruction in Question requires no Alteration I will chearfully and punctually adhere to it, for upon this, as upon every other Occasion, I shall think it my Duty to observe their Orders, whatever may be the Light in which the Policy of them may appear to me.
I have the Honor to be with great Respect and Esteem Your Excellency's Most obt. and very hble' Servt.
John Jay.1
[Note 1: 1 The report is in the Papers of the Continental Congress, No. 80, I, folio 337. According to indorsement it was read this day and referred to Mr. [James] Monroe, Mr. [Charles] Pettit, Mr. [Elbridge] Gerry, Mr. [James] McHenry and Mr. [Rufus] King. Committee Book No. 190 states that a report was rendered August 17.]
His Excellency
The President of Congress.
[Motion of Mr. Charles Pinckney]
That the Secy. of Congress be directed to write the Executives of the several States informing them that notwithsg. a requisition for the Supplies of the present year and many other important subjects have been for a considerable time and still are under the Consideration of Congress it has not been in their power to keep nine States upon the floor--a number without which any important resolution cannot be passed--that this arises from some of the States not sending any, and others having but two members attending at the residence of Congress, and that should either of them be indisposed, or should they differ in Opinion in the first instance they are unrepresented
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and in the other they loose their vote, that unless more attention is paid by the States to their representations in Congress the business of the Union must be frequently and injuriously delayed, and that to prevent these inconveniences in future they be earnestly recommend to keep always not less than three members attending at the place in which Congress may reside.
[represent that the delays produced by the want of an adequate Representation may terminate not only in a neglect of Measures indispensible for promoting the great Interests of the Union, but likewise in a Disatisfaction with Confederation, and in such an alteration as may lay the Foundation for subverting our Republican system--that it is incumbent on Congress to prevent the Reproach which will naturally be inferred in them, by Neglects and Delays of public Business, resulting from the Want of a Representation and that to this purpose Congress order the Secretary to transmit to the Legislatures twice in every month a List of the States represented and unpresented, and of the Number of members from each.]1
[Note 1: 1 This motion, in the writing of Charles Pinckney, except the part in brackets which is in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, III, folio 103. The indorsement states that it was referred on this day to Mr. [Elbridge] Gerry, Mr. [Samuel] Hardy and Mr. [Charles] Pinckney. The committee reported August 17.
August 16: The following committees were appointed:
Mr. [William] Grayson, Mr. [James] McHenry and Mr. [John] Kean, on a letter from Isaac Roosevelt, John D. Mercier and William Malcom, dated August 9, on the matter of investigation of claims of contractors for the moving army during the late war (Tench Francis and others and also Comfort Sands and others) and recommending that two more commissioners be added to the investigators. According to indorsement, the letter was read this day. It is in No. 137, III, folio 827. Also a letter from Walter Livingston and Comfort Sands, dated August 2, recommending the same, was referred to this committee. It is in No. 19, V, folio 275. Also Mr. [Elbridge] Gerry's motion was referred to this committee; but the identity of this motion is not noted. The report, rendered October 31, does not mention a Gerry motion.
Mr. [Rufus] King, Mr. [William] Grayson, Mr. [Abraham] Baldwin and Mr. [John] Kean, on the qualifications and credentiaLs of the Delegates from Rhode Island. See ante, August 8.
Committee Book No. 190.
On this day, according to indorsement, was read a petition, dated August 5, from Tatum Hall in behalf of Lewis Nicole and the Invalid Regiment and Richard Lloyd, agent for Hazen's Regiment, praying for an allowance as agents and directions as to the distribution of certificates. The petition is in No. 42, V, folio 443. See post, August 18.]
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