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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, DECEMBER 12, 1782
Mr. Nathaniel Gorham, a delegate for the State of Massachusetts, attended, and produced the credentials of his appointment, which were read, and by which it appears, that on the 24 of October last, he was elected to serve for one year, to commence the first Monday of November, 1782.
Commonwealth of Massachusetts
By His Excellency John Hancock Esqr Governor & [Seal] Commander in Chief in & over the Commonwealth of Massachusetts
To all unto whom these Presents shall come Greeting.
Whereas the General Court of this Commonwealth did on the Twenty fourth day of October 1782 agreeable to the Constitution of this Commonwealth appoint The Honble Nathaniel Gorham Esqr a Delegate to represent this Commonwealth in the General Congress of the United States of America,
Now therefore Know Ye That I do by these Presents, and in pursuance of the said Appointment Commission the said Nathaniel Gorham Esqr. to represent this Commonwealth in Congress & vest him with all & singular the Powers & Authorities to the said Office or place of Delegate belonging by Virtue of the Constitution of this Commonwealth & the Appointment aforesaid. And to hold said Office until the fifth day of November 1783. And the said Nathaniel Gorham Esq. is hereby required to observe the Instructions which from time to time shall be given to him by the General Court of this Commonwealth.
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In testimony whereof I have caused the Public Seal of this Commonwealth aforesaid to be hereunto affixed.
Witness John Hancock Esq. Governor & Commander in Chief of the said Commonwealth.
Dated at Boston the Twentieth day of November in the Year of Our Lord One Thousand Seven & Eighty two, And in the Seventh Year of the Independence of the United States of America.
John Hancock
By His Excellency's Command
John Avery Secy.1
[Note 1: 1 The original is in the Papers of the Continental Congress, Massachusetts, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
Commonwealth of Massachusetts
Council Chamber, Boston, Novr 22d, 1782
These certify That the Honble Nathaniel Gorham Esqr was Elected the 24th of October last a Delegate to represent tiffs Commonwealth in Congress by joint Ballot of the Senate & House of Representatives agreeable to the Constitution to serve for one Year to commence the first Monday of November instant
John Avery Secy2
[Note 2: 2 This certificate is with the credentials of November 20, in the Papers of the Continental Congress, Massachusetts, Credentials of Delegates, but was not entered either in the Journal or in No. 179.]
Mr. John Collins, a delegate for the State of Rhode Island and Providence Plantations, attended, and produced the credentials of his appointment, by which it appears, that on the first Wednesday in May last, he was chosen to represent that State in the Congress of the United States for one year, and until another shall appear to take his place.
State of Rhode Island and Providence Plantations
I certify That at the Anniversary Election of all Officers, Civil and Military, for this State, held at Newport, on the First Wednesday in May last, the Honble John Collins, Esquire was chosen One of the Delegates to represent this State in the Congress of the United States for One Year, and until another shall appear to take his Place.
Witness my Hand, at Providence this Sixteenth Day of November, A. D. 1782, & in the Seventh Year of Independence.
Henry Ward Secry3
[Note 3: 3 The original is in the Papers of the Continental Congress, Rhode Island, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
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A letter, of the 30 November, from the speaker of the lower house of assembly of the State of Rhode Island, being read,
A motion was made by Mr. [David] Howell, seconded by Mr. [Jonathan] Arnold, in the words following:
"Whereas a letter to his Excellency the President of Congress, from the lower house of assembly of the State of Rhode Island and Providence Plantations, hath been this day read in Congress, in the words and figures following, to wit:
East Greenwich, 30th November, 1782.
Sir: In obedience to the direction of the lower house of assembly of this State, I have the honor to enclose to your Excellency their unanimous resolution on the recommendation of Congress, respecting an impost on imported goods, &c. and to state some of the principal reasons which produced that resolution. The recommendation was rejected.
Many more reasons might be offered, and the subject drawn out to a great length, by descending to particulars; but these are sufficient to answer the main design of the house, which is to shew a decent respect to the states which have differed from them in opinion upon this subject.
This State may be justly ranked among the foremost in the common cause, having furnished in support of it as many men, and as much money, in proportion to its abilities, as any State in the union, and much more than most of them, and it is still disposed to continue its exertions; but it will raise and collect its quota of public taxes in such a way as shall be judged most proper.
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And it is hoped, that when its resolutions are founded on the great principles of liberty and a general interest, it will not be thought to suspect the public virtue of the present Congress, by withholding from them or their servants, a power of which their successors might make a dangerous use.
With the highest sentiments of respect for your Excellency, and the honorable assembly over which you preside, I am your Excellency's most obedient servant,
William Bradford, Speaker.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 64, folio 526. The indorsement states that it was referred to Mr. [Alexander] Hamilton, Mr. [James] Madison and Mr. [Thomas] Fitzsimmons.]
"Wherefore Resolved, That the resolution of the 6 of December instant, for appointing a deputation to be sent to the State of Rhode Island, for the purpose of making a full and just representation of the public affairs of the United States, and of urging the absolute necessity of a compliance with the resolution of Congress of the 3d day of February, 1781, respecting the duty on imports and prizes, as a measure essential to the safety and reputation of these states, be, and the same is hereby repealed."2
[Note 2: 2 This motion, in the writing of Jonathan Arnold, is in the Papers of the Continental Congress, No. 36, I, folio 453. The vote is indorsed on it]
On this motion the previous question was moved by the State of New York, seconded by the State of New Hampshire, that the question be not now put:
And on the question to agree to the previous question, the yeas and nays being required by Mr. [David] Howell,
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So it was resolved in the affirmative, and the main question was set aside.
That the deputation appointed to go to the State of Rhode Island to urge the necessity of a compliance with the recommendation of Congress for laying an Impost of 5 pc. delay their journey till the further order of Congress.1
[Note 1: 1 This motion, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 36, I, folio 471. According to the indorsement, it was referred on this day to Mr. [Alexander] Hamilton, Mr. [James] Madison and Mr. [Thomas] Fitzsimmons.]
On the report of a committee, consisting of Mr. [Daniel] Carroll, Mr. [Samuel] Osgood and Mr. Peters Mr. [John Taylor] Gilman, to whom were referred the letter and report of the Secretary at War, on the subject of future promotions of colonels or lieutenant colonels commandant to the rank of brigadiers:
Resolved, That for the purpose of promotions of colonels or lieutenant colonels commandant in the army of the United States, to the rank of brigadiers, the army of the United States shall be considered as classed in the following divisions: the eastern, the middle and the southern: the troops of New Hampshire, Massachusetts, Rhode Island and Connecticut, shall form the eastern: those of New York, New Jersey, Pensylvania, Delaware and Maryland, the middle: and those of Virginia, North Carolina, South Carolina and Georgia, the southern division:
That whensoever it shall be deemed necessary for the command of troops in service, to appoint brigadiers in any state or states, where the number of troops in the field are sufficient to form one or more brigades, the brigadiers shall be appointed
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from the senior colonels or lieutenant colonels commandant in the lines of such states; and when brigadiers shall be wanted to command brigades within any of the divisions composed of the troops of such states who have not individually numbers in the field sufficient to form a brigade, the brigadiers shall be appointed from the senior colonels or lieutenant colonels commandant in such brigades.
The Committee further submit the following resolution,
Resolved, That Cols. John Greaton, Rufus Putnam and Elias Dayton be appointed brigadiers in the army of the United States.1
[Note 1: 1 This report, in the writing of Richard Peters, except the last paragraph, which is in that of Daniel Carroll, is in the Papers of the Continental Congress, No. 21, folio 311. See January 7, 1783.]
Ordered, That so much of the report as recommends certain officers to be promoted to the rank of brigadiers, be referred to the Secretary at War to report.
The Superintendant of finance, to whom was referred a memorial of Reyer Schermerhorn, reports,
"That from the face of the said memorial, it appears that the case of Mr. Schermerhorn falls within the purview of the resolutions of the 20 February, 1782."2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 137, II, folio 87.]
Resolved, That Congress agree to the said report:
The committee, consisting of Mr. [Hugh] Williamson, Mr. [Daniel] Carroll and Mr. [James] Madison, appointed to consider how far the honor of Congress and the finances of the United States may be affected by certain late publications on the subject of foreign loans, &c. report,
"That among the different publications which have lately been made concerning foreign loans, they have particularly attended to a very remarkable extract of a letter, published in the Boston Gazette, of November 10, 1782, under the Providence head, which is there said to be 'an extract of a letter from a gentleman in Philadelphia to his friend in that town, dated October 16'; in which are the following observations:
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'This day letters have been read in Congress from Mr. Adams, of the 16 of August, and Mr. Dumas, his secretary, of the 19. The loan he is negotiating fills as fast as could be expected. The national importance of the United States is constantly rising in the estimation of European powers and the civilized world. Such is their credit, that they have of late failed in no application for foreign loans, and the only danger on that score is that of contracting too large a debt.'
"Your committee have examined the several letters that have been received from Mr. Adams, your minister at the Hague, in the course of the last six months, as well as those from Mr. Dumas, and the sundry letters which have been received from your ministers at Versailles and Madrid, on the subject of loans in the course of the present year, and they are sorry to observe, that the positions just referred to, on the subject of loans are not only ill founded, but some of them are expressly contradicted by the letters of your ministers at foreign courts; and whereas the above extract, from its date, and particular mention of other dates, is so drawn as to give reason to suspect that it was written by a member of Congress, or by some person officially entrusted with their papers; and as the duty and honor of Congress require that they should endeavour to detect and prevent misrepresentations of this kind:
Resolved, That the Secretary for foreign affairs be instructed to write to the executive of Massachusetts Rhode Island, requesting them to enquire through what channel the above communication was made, or who is the supposed author of the extract referred to, and report accordingly.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 25, II, folio 141.]
The Committee further report that the clause in the said publication which manifestly refers to the late advances made by the Court of Sweden towards a treaty with the United States affords a strong
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presumption that the injunction obligation of secrecy by Congress on that subject has been violated either by some one of its own member of Congress or that there has been some indiscretion or perfidy in that the information received from the Minister Plenipotentiary at the Court of Versailles has transpired from the offices to which it was entrusted, by some person belonging to one of the offices to which the letter from the Minister Plenipo: at the Court of Versailles was entrusted; that as soon as the author of the said letter shall have been investigated it will be proper for Congress to examine resume the consideration of this part of the subject; but that in the meantime Congress cannot take notice thereof by any public act of it on the present occasion without authentically disclosing facts they wish to conceal.1
[Note 1: 1 This paragraph, in the writing of James Madison, is in the Papers of the Continental Congress, No. 36, I, folio 477. It was postponed, as the indorsement states, and on December 31 called for by Mr. [David] Howell.]
Resolved, That Congress agree to the said report.
Ordered, That the further report of the committee be postponed.
On the application of Mr. [David] Howell,
Ordered, That he have leave of absence.
The Committee of the Week [Mr. William Floyd, Mr. Jonathan Arnold, Mr. David Ramsay,] beg leave to report, That the memorial of Lieutenant Verdier of Colonel Armand's Legion requesting to be put in a condition to join his regiment, be referred to the Secy at War.2
[Note 2: 2 This report, in the writing of William Floyd, is in the Papers of the Continental Congress, No. 32, folio 415. The indorsement shows that it was passed on this day. The memorial, dated Philadelphia, December 12, 1782, from Lieutenant Bts Verdier. relative to the loss of two horses, is in No. 41, X, folio 341.]
The Committee Consisting of Mr [David] Ramsay, Mr. [Abner] Nash and Mr [Richard] Peters, to whom was referred the Letter of the Secretary at War and a Letter from the Adjutant General on the Subject of postage of Letters, Report--
That in conformity to the principle long since established in the post office department of franking letters to and from the heads of departments on public Service this priviledge should be extended to the Adjutant General, the Inspector General, and Quartermaster General of the Army of the United States, the director of the Hospitals of the said United States, the physician, the Commissary of
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prisoners, the Judge Advocate and the Paymaster General of the said Army.--And that the like priviledges should be extended to the officers of the heads of the like departments, in any separate Army of the United States. If Congress approve of this they will please to order an ordinance to be brought in for that purpose. On the subject of restraining franks, your Committee are of opinion that it would be inexpedient to take away that priviledge from the persons who at present enjoy it, or to refuse it to those public officers recited in the first part of this Report.1
[Note 1: 1 This report, in the writing of David Ramsay, is in the Papers of the Continental Congress, No. 59, III, folio 365. The indorsement shows that it was read and recommitted on this day.]
Ordered, That a letter of 2d December from the Governor of Connecticut relative to a grant proposed to be made by said State to certain Officers and men in Colonel Lamb's regiment be referred to the Superintendent of Finance and Secretary at War to report.
Ordered, That a Committee be appointed to consider and report what further or different provision may be made for discharging the interest that is or may become due on Loan Office Certificates and other Liquidated debts of the United States; the Members, Mr. [Thomas] Fitzsimmons, Mr. [Samuel] Osgood and Mr. [Daniel] Carroll.2
[Note 2: 2 These two orders were entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers; Congressional Proceedings.]
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