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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled. Present as yesterday.
A concurrent resolve of the honorable the Senate and the house of Assembly of the State of New York, being laid before Congress and read
Resolved, That it be, and it is hereby recommended to the State of New York, to settle with Captains Hangury Tewahangahkan, John Otaawighton, James Wakarantharaw, and lieutenants Nicholas Kayhnatsho, Cornelius Kahiktotow, Cornelius Okoniota, Indians of the Oneida and Tuscarora Nations, late Officers in the Service of the United States, and pay their Accounts in like manner as other officers in the line of the said State.2
[Note 2: 2 The resolution is in the Papers of the Continental Congress, No. 67, II, folio 481.
On this day, according to the indorsement, was read the report of the Secretary for Foreign Affairs on the petition of John Lamb. See ante, February 9, and post, February 14. It is in No. 80, I, folio 5.]
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On the report of a committee, consisting of Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [Richard Dobbs] Spaight, to whom were referred sundry letters from the Secretary for foreign Affairs.
Resolved, That in pursuance of the resolutions of the 22d of February, 1782, All communications as well to as from the United States in Congress assembled, on the subject of foreign affairs, be made through the secretary for the department for foreign affairs, and that all letters, memorials or other papers on the subject of foreign affairs, for the United States in Congress assembled, be addressed to him.
Resolved, That all Papers written in a foreign language, which may in future be communicated to Congress, from the Office of the department of foreign affairs, shall be accompanied with a translation into English.
Resolved, That the Secretary for the department of foreign affairs be, and he is hereby authorized to appoint an interpreter, whose duty it shall be to translate all such papers as may be referred to him, as well by the United States in Congress assembled, as by committees of Congress, the Secretary for the department of foreign affairs, the secretary of Congress, the Board of Treasury, or the Secretary for the department of War; and who shall be entitled to receive such allowance as the Secretary for foreign affairs may think sufficient, not to exceed the annual pay of a clerk in the Office; and who, previous to his entering on his duty as interpreter, shall take the Oath of fidelity and the Oath of Office, prescribed in an Ordinance passed on the 27 day of January last, a registry of which oath shall be kept in the Office of the Secretary of Congress.
Resolved, That the wages of the door-keeper to the office for foreign Affairs, be considered as part of the contingent expenses of said Office.
Resolved, That the treasurer of the United States advance to the Secretary for the department of foreign Affairs, the
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sum of one thousand dollars, for the contingencies of his Office, he to be accountable.
On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [William] Ellery and Mr. [Hugh] Williamson, to whom was referred a letter of the 29 December last, from Mr. de Marbois, to the Secretary for foreign Affairs,
Resolved, That the Secretary for foreign Affairs, give orders for a careful removal of the portraits of his Most Christian Majesty and of the queen of France, from Philadelphia to the Hall in this City, in which Congress hold their sessions.1
[Note 1: 1 This report was also entered in the manuscript Secret Journal, Foreign Affairs. See ante, January 15.]
The Committee consisting of Mr [William] Ellery, Mr [James] Monroe, Mr [Jacob] Read, Mr [Hugh] Williamson, and Mr [Richard Dobbs] Spaight to whom was referred a petition of Mr Jollibois with its enclosures,
Report, That Congress on the 15th day of April, 1784, resolved on the case of Mr. Jollibois, and thereupon request that they be discharged.2
[Note 2: 2 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 19, III, folio 321. According to the indorsement it was passed June 7.]
The Committee [consisting of Mr. Hugh Williamson, Mr. Archibald Stewart and Mr. William Samuel Johnson] to whom was referd a motion made by Mr. [David] Howell respecting Ox Teams submit the following Report Resolve
That the Commissioners of the board of Treasury be directed forthwith to give orders for ascertaining the Sums due to the Contractors in the Commonwealth of State of Rhode Island and Providence Plantations for Ox Teams and Conductors employed in the Campaign of 1781 which State is hereby authorized to charge such Sums with Interest from the Time of the same of advancing the same shall be paid as Part of the Quota of the State which may be assigned it for the Year one Thousand seven hundred and Eighty-five.3
[Note 3: 3 This report, in the writing of Hugh Williamson, was delivered and read, according to the indorsement, this day. It was passed February 16 as the motion of the delegates for the State of Rhode Island and Providence Plantations. It is in the Papers of the Continental Congress, No. 22, folio 203. A letter from Timothy Pickering to Hugh Williamson, on the subject, dated February 7, is on folio 207.]
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On the report of a committee, consisting of Mr. [John] Beatty, Mr. [David] Howell, and Mr. [William Samuel] Johnson, to whom was referred a letter of 4 December, 1784, from John Hopkins, praying an allowance of sundry charges objected to by the Comptroller in the settlement of his Accounts:
Resolved, That the comptroller, in settling the accounts of major Hopkins, 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 a clerk, and master of the prisonship, while acting as deputy commissary and intendent of prisoners.
Resolved, That the comptroller be directed, in settling the accounts of major Hopkins, to allow such travelling charges as were necessarily incurred in the execution of his office.1
[Note 1: 1 See ante, February 1.]
On the report of a committee, consisting of Mr. [Abiel] Foster, Mr. [James] McHenry, and Mr. [Joseph] Gardner, to whom was referred a Memorial of Mr. Benjamin Bankson,
Resolved (by nine states) That in consideration of the additional expense to which Mr. Bankson has been exposed, by the late removals of Congress, and of the constant and hard duty which he has discharged, being, for a considerable time, the sole clerk in the secretary's Office, he be allowed the sum of four hundred dollars.2
[Note 2: 2 See ante, February 3.]
Congress proceeded to the election of the two remaining commissioners, pursuant to the Ordinance of the 23 of December, 1784, and the ballots being taken, Mr. Philemon Dickinson and Mr. Robert Morris were elected; the former having been previously nominated by Mr. [Archibald] Stewart, and the latter by Mr. [William] Ellery.
The Commee. consisting of Mr. [William] Ellery, Mr. [James] Monroe, Mr. [Jacob] Read, Mr. [Hugh] Williamson, and Mr. [Richard Dobbs] Spaight to whom the petition of Mr. L'Eglize was referred
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are of opinion report that his petition should be dismissed, Congress having taken final measures on his pretensions as appears by their resolution of Augt. 8, 1782 [that the petitioner have leave to withdraw his petition].1
[Note 1: 1 This report, in the writing of William Ellery, except the part in brackets, which is in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress, No. 19, III, folio 535. The indorsement states that it was read on this day, and acted on June 7, 1785.
On this day, according to the indorsement, was read the report of the Secretary for Foreign Affairs on the letter of Blair McClenachan of October 13, 1784. It is in No. 80, I, folio 9. Committee Book No. 191 states that it was filed. See ante, February 7.]
[Motion of Mr. James Monroe, 11 February, 1785. Referred to Mr Robert R. Livingston, Mr. John Beatty, Mr. James Monroe, Mr. William Samuel Johnson, Mr. Elbridge Gerry, Mr. John Henry, Mr. Rufus King.]
Resolved, That upon all goods originally imported into the British province of Canada, and transported thence up the Lakes and landed either in publick or private stores or elsewhere [without the bounds of any of the 13 U. S. and] within the bounds of the U. S. shall be paid the duty of pr. ctm. ad valorem, at the places where they may be landed; and that in cases of doubt the onus probandi lie upon the owner; except in cases of shipwreck, or wherein vessels have been forced on shore to avoid shipwreck [Recommended to U. S. to pass resolutions to charge a duty on goods, brought from Canada. That be recommended &c.] That the citizens or others, inhabitants of the U. S., are hereby authorized to build ships or other vessels, and to conduct their Commercial concerns thro' the lakes, with goods originally imported, into the ports of the U. S., without any restraint or limitation whatsoever.
That it be recommended to the people who may settle under the protection of the forts and garrisons of the U. S. without the bounds of any particular State to the west and no: west of fort Schlosser to erect a temporary form of govt. for themselves and to lay such reasonable duties on their commerce as it will sustain, to defray as far as possible the expenses of said garrisons and that they appoint collectors to receive the same, to be applied agreeably to the orders of the U. S. in Congress assembled.
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Thatbe instructed, provided they enter into a treaty of commerce with G. Britain, that the commercial intercourse between G. Britain, Ireland, the West Indies, or other possessions of his Britannick majesty and the U. S., be so regulated, as that the U. S. be laid under no restrictions with respect to the intercourse between the citizens of these States and his subjects in Canada or other possessions of his Bk majesty on this continent, but that either party be left at liberty to make such regulations respecting said commerl. intercourse as they may think proper.1
[Note 1: 1 This motion, in the writing of James Monroe, except the words in brackets, which are in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 36, II, folio 507. See post, February 21.
On this day, according to the indorsement, was read a memorial of Baron yon Steuben, dated February 5. It was referred to Mr. [David] Howell, Mr. [Elbridge] Gerry, Mr. [Hugh] Williamson, Mr. [Samuel] Hardy and Mr. [Lambert] Cadwallader, who delivered a report March 17. The memorial, dated February 5, 1785, is in No. 19, V, folio 549.
Also, according to Committee Book No. 186, the committee of January 17 on the case of Longchamps, was this day discharged and the papers referred to the Secretary for Foreign Affairs, who reported February 17.]
Office for Foreign Affairs
February 9th. 1785
The Secretary of the United States for the Department of Foreign Affairs, to whom the following papers were on the 7th. day of February Inst. referred Viz
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Reports as his Opinion thereupon
That "the state of the duties payable by vessels of the United States at the ports of Marseilles, Bayonne, L'Orient and Dunkirk" ought to be immediately translated and published, for the Information of Americans trading there.
That copies of all these papers should be transmitted to the American plenipotentiaries in Europe for making Treaties of Commerce.
John Jay.
Ordered That the above report be referred back with the papers to the Secretary for Foreign Affairs to take Order.1
[Note 1: 1 This report and order thereon is entered in the Resolve Book, No. 123, p. 2; the report itself is in No. 80, I, folio 1.
On this day also, according to Committee Book No. 191, a motion of Mr. [Hugh] Williamson "for discharging the militia raised by the vote of June 3 [1784] who are not in service" [was referred to Mr. Williamson, Mr. Samuel Hardy and Mr. Jacob Read]. See post, February 25.]
The Committee consisting of Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [Samuel] Hardy, to whom were referred a Letter from the Supreme Executive of the State of Pennsylvania, dated 20th December; a Letter dated 24th January, from William Denning, Esquire, Auditor of Accounts; and sundry other letters and papers--beg Leave to report,
That from the Evidence in their Possession, there is great Reason to believe that numerous Frauds are daily practiced against the U. S., by issuing or passing Certificates for which the public have received no Value. They find that many of the Deputies under the late Heads of Departments, have neglected to deliver to their Principals, according to the instructions of Congress, any Account of the Certificates they have issued. That they have hitherto declined to settle their Accounts and some of them refuse to deliver their Checks or give any Account of the Certificates they have issued. Some of them have attempted to settle their Cash accounts by the means of Receipts which they have taken for Certificates issued as cash, when no Cash was paid. And some of them are still possessed of printed blank Certificates, which they continue to fill up and issue.
Your Committee axe very apprehensive, that under the present tedious process of settling public Accounts, fraudulent Certificates may be multiplied, the means of detecting such Frauds become more difficult, and the honest Creditor continue to suffer by the Delay of Justice; wherefore they submit the following Resolves
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That two or more Commissioners be appointed in the larger states, for liquidating and settling the Accots. of individuals against the U. S. in Order that the amot. of the national Debt may be ascertained and the most speedy and effectual methods adopted for doing equal Justice to those who have trusted the Nation with their Property.
That till the Board of Treasury are ready to discharge the Duties of their Office it will be necessary for Congress to chuse Commissioners where they are wanted for settling Accots. in the several States.
That the Commissioners in each State keep their Offices in such Places as may be proposed to them by the supreme Executives of the several States. That they confine their settlements to certain Counties or Districts. That they correspond with each other, with the Board of Treasury and with the Commissioners who are appointed to settle the Accounts of particular Departments, in order to prevent Confusion or frauds on the Part of the claimants.
That the late Heads of Departments, or their successors or Agents, be required without Delay to forward to the Board of Treasury, a List of their respective Deputies who have been duly authorized to issue Certificates
That the Heads of Departments aforsd. and each of their Deputies who have not settled their Accounts, and all other Persons who have issued Certificates of Debts due by the U. S. Loan Office Certificates and Certificates of final Settlement excepted, be required Agreed forthwith to deliver to the board of Treasury, or to some Commissioner of Accounts in the State where such Persons reside, their Check Books or a fair abstract of all the Certificates which they have issued, and they shall specify those Certificates for which they have taken Receipts, as for Cash paid, and a Copy of those Abstracts or Checks, shall be transmitted by the Board of Treasury, to the several Commissioners of Accounts to whom they may be of use in detecting Frauds.
That if any officers shall refuse or neglect for the space of within two months of the date from the time when he shall receive notice from the Board of Treasury or the Comptroller, to deliver his Checks or a full and just fair Account of the Certificates which he has issued, the name of such Officer shall be transmitted to the Board of Treasury or Comptroller Congress that proper Steps may to taken for causing him to be prosecuted according to Law.
That the Commissioners of Accounts be instructed to be extremely careful how they admit Charges against the U. S. founded on Certificates
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which are not duely supported by the Authority of Congress and the Accounts of the Officers who have issued them.
That the Commissioners who have been appointed for settling the Accounts of the Commissary, the cloathing, medical Postponed and marine Departments, be discontinued from the and that they deliver the Books and Papers in their several Offices to the Board of Treasury.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, II, folio 63. According to the indorsement it was read this day and "Wednesday 16 Feby. assigned for consideration."]
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