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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, JUNE 19, 1783
Pursuant to the resolution of the 27 of February, 1782, the Superintendant of finance reports, that he has appointed Joseph Pennell, esq. a commissioner to settle the accounts of the marine department.2
[Note 2: 2 The Superintendent's letter, dated June 19, 1783, is in the Papers of the Continental Congress, No. 137, II, folio 561.]
On the report of a committee, consisting of Mr. [Alexander] Hamilton, Mr. [James] Madison and Mr. [Theodorick] Bland, to whom was referred a letter of 7, from the Commander in Chief:
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Resolved, That copies of the letter from the Commander in Chief, of the 7 instant, with the papers enclosed, be transmitted to the several states for their information, and that their attention be recalled to the resolutions of the 2 of May last, to facilitate the punctual payment of the notes issued and to be issued to the army on account of their pay.
Resolved, That the Commander in Chief be informed, Congress approve the variation made by him in the manner of furloughing the troops.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 19, VI, folio 435.]
Wheareas the safety and Peace of the United States are greatly interested in the number of the states that may be required to vote on questions of a particular class, and whereas it is provided by the 9th Article of the Confederation that "the United States in Congress Assembled shall never engage in a war nor grant letters of Marque and Reprisal in time of peace, nor enter into any treaties or alliances nor coin money nor regulate the value thereof nor ascertain the sums and expences necessary for the defence and welfare of the United States or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money nor agree upon the number of vessels of war to be built or purchased or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy unless nine states assent to the same."
It is also provided by the eleventh article that no Colony except Canada shall be admitted to the Union unless such admission be agreed to by nine states but no provision is made for the number of states that may be required to agree in determining such questions when the present number of states shall have increased.
And whereas the determination of those great questions by nine states alone when the original number may be considerably increased would be a manifest departure from the Spirit of the Confederation, and might prove dangerous to the Union, therefore,
Resolved, That whenever a fourteenth state shall be admitted into the present Union the vote and agreement of ten states shall become necessary for determining all those questions in the Congress of the United States which are now determined by no less than nine.
Resolved, That the assent of three additional states shall be necessary in determining those questions for every four additional states that may be admitted into the Union.
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Resolved, That the several states be advised to authorise their respective delegates to subscribe and ratify the above Resolves as part of the instrument of Union.1
[Note 1: 1 These "Provisional Resolves", in the writing of Hugh Williamson, are in the Papers of the Continental Congress, No. 24, folio 141. According to the indorsement, and the record in Committee Books 186 and 191, they were on this day referred to Mr. [Hugh] Williamson, Mr. [Alexander] Hamilton and Mr. [James] Madison. The committee was renewed August 5, Mr. S[amuel] Huntington and Mr. [Stephen] Higginson being appointed in place of Hamilton and Madison, and s report was delivered September 15.]
The Committee [Mr. Thomas FitzSimons, Mr. Stephen Higginson, Mr. William Hemsley, Mr. John Rutledge, Mr. James Madison,] to whom was referred the draught of a treaty with Great Britain &c. Submit the following resolutions:
That the Miters Plenipotentiary of the United States be and they are hereby authorised to enter into and conclude with the Ministers of his Britannick Majesty such a commercial convention as may be found necessary, for opening to the citizens and subjects of the respective nations, a free intercourse with each other, for a term not exceedingmonths and provided it can be effected on terms of perfect reciprocity, and that the vessels belonging to the citizens of the United States be permitted to carry the produce of the said states to the British sugar colonies and to bring from thence the products of the said colonies, without being subject to any other or greater duties than were paid by British subjects before theday of
That the Ministers Plenipotentiary of these United States who shall be authorised to negotiate a treaty of commerce with The latter part of the report not to be read. Great Britain, do stipulate that the treaty which may to be read. be agreed upon shall be transmitted to Congress, and be subject to their revisal before it is finally concluded on.
That the Ministers Plenipotentiary of these United States be and they are hereby authorised and directed to enter into and conclude with the Emperor of Morocco and Fez, the Regencies of Algiers, Tunis and Tripoli such engagements and stipulations, as may be found necessary for procuring of passports for the vessels of these United States and if they shall find it necessary that they apply to his most Christian Majesty and to their High Mightinesses the States General of the United Netherlands for their assistance in procuring such passports.
The committee are of opinion that treaties of Amity and Commerce should be entered into with the Crown of Portugal, the King
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of Naples, the two Sicilies, and with the Grand Duke of Tuscany, and that the treaty with Portugal should be entered on immediately.1
[Note 1: 1 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress, No. 25, II, folio 233. The indorsement states it was delivered this day and read and adds: "This is superseded by the instructions passed the 29 October, 1783."
The following, also in Thomas FitzSimons' writing, undated, is on folio 237, and apparently belongs to this period:
"The U. S. in Congress Assembled, to all who shall see these presents, Greeting:
Whereas, articles &c. were concluded on theday ofbetween the Ministers Plenipotentiary of the United States and the Minister Plenipo. of Great Britain in behalf of the said Nations respectively, and whereas it is the desire of these United States to open a friendly and commercial intercourse between the two nations on principles of equality, reciprocity and mutual advantage and to that end and until definitive and full regulations shall be agreed upon, the same may be provided for by a convention for a limited time,
Now be it known that we, reposing special trust and confidence in the judgement, prudence, and fidelity of J. A., B. F. and J. J. have nominated constitute and appointed and by these presents do nominate, constitute and appoint them the said J. A., B. F., J. J. Ministers Plenipo. of these United States, giving and granting to them or any two of them, or in case of the death, absence, or indisposition of the said Ministers to any one of them, full powers in our name and behalf to treat of conclude and sign with any person or persons vested with equal powers on the part of the King of G. B. aconvention for regulating Commerce between the subjects of the said King and the Citizens of the U. S. for a term not exceeding
And the Convention so concluded and signed shall take effect at the time which may be therein stipulated and shall be binding on these U. S. in the same manner as if concluded and signed in our presence, provided that this Commn shall not be in force longer thanmonths from the date hereof."
On this day was read a letter from the Assistant Secretary at War, laying before Congress a letter of June 14 from General Washington, and one of June 3 from General Rufus Putnam, relating to the promotion of Captain Nathan Goodale. The Secretary's letter is in the Papers of the Continental Congress, No. 149, III, folio 225, Washington's on folio 221, and a copy of Putnam's on folio 213. According to the record in Committee Book No. 186, the letters were referred, on June 19, to Mr. [Thomas] Mifflin, Mr. [John Francis] Mercer and Mr. [Alexander] Hamilton. On July 16 the committee was changed to Mr. [Alexander] Hamilton, Mr. [James] McHenry and Mr. [Richard]-Peters; and, on July 30, Hamilton was dropped and Mr. [James] Duane added. The indorsement indicates that Mr. [Theodorick] Bland was appointed on the committee on August 5, but there is no record of this appointment in the Committee Book.
On this day, also, according to the indorsement, another letter of June 14, from General Washington, enclosing a copy of a letter from Sir Guy Carleton, was read, It is in No. 152, XI, folio 313.
On this day, also, according to Committee Book, No. 186, a letter from Colonel Richard Butler and one from William Henry, were read and referred to Mr. [Alexander] Hamilton, Mr. [Richard] Peters and Mr. [Oliver] Ellsworth, to confer with the Executive Council of Pennsylvania and to take such measures as they shall judge and find necessary. Both letters were dated Lancaster, June 17, and addressed to President John Dickinson, advising him of the mutiny of the Pennsylvania troops. A copy of Butler's letter is in No. 38, folio 37, and a copy of Henry's on folio 123.]
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