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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 --MONDAY, SEPTEMBER 22, 1783
Mr. James Tilton, a delegate for the State of Delaware, attended, and took his seat.
Congress took into consideration the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Samuel] Holten and Mr. [James] Duane, to whom was referred an application from the delegates of Rhode Island:
The report is as follows:
"That the Committee having applied to the Secretary (whose answer is herewith submitted) for such information as had formerly come before Congress on that subject, and having made such other enquiries as were in their power, beg leave to report,
"That it appears from the communications of the Delegates of Rhode Island that the Schooner Good Fortune, George Hardwick, master, was captured on the high seas by the Brig Unity, Edward Coffin, master, and the Brig Providence, Benjamin Bailey, master, and carried into Cape François, where she was condemned on the fourth of November last by the Lieutenant General of the Admiralty, and ordered to be sold together with her cargo, the produce to be lodged in the hands of certain merchants, there to be by them paid to those to whom it should belong.
"That on the 9th of November this decree was confirmed by the General and Intendant, an appeal being granted for reasons which are not stated to the Deputies of the United States at Paris, the sentence to be in force till they should otherwise decree. The Lieutenant General of the Admiralty having promised to address an account of his proceedings to the Deputies of the United States at Paris.
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"Wherefore your Committee observing that no reference seems to have been made to Congress by which the circumstances of this capture and condemnation might come before them, and that it was the probable intention of the Court that the matter should be finally determined in a different manner, submit the following resolution:
"Whereupon, Resolved, That application be immediately made to the ministers of the United States now in France, to know whether they have received any information concerning the capture of the schooner Good Fortune, of which George Hardwick was master, and of her being condemned at Cape François, on the 4th day of November last; and what further steps, if any, have been taken on that subject."1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 20, I, folio 235. According to the indorsement, it was delivered August 25, entered and read. The Secretary's reply is on folio 241. The first draft of the committee's report, in the writing of Hugh Williamson, is on folio 239, as follows:
The Committee to whom was referred the application from the Delegates of Rh. Is. beg leave to report that they have applied to the Secretary of Congress in order to obtain such information on the subject as was in his power. His answer is herewith communicated by which the Committee are not informed, whether any appeal has ever been lodged by Capt. Hardwick. However as it appears from the Communication made by the Delegates of Rh. Is. that the appeal was not to have been made to Congress but to their Deputies in Paris, and therefore cannot be supposed to have had a place among their transactions, and as it is proper that the question should be determined with the utmost expedition in order that the captors may recover their prize money if no appeal has been lodged or that a final decision may be immediately had if any appeal has been lodged, the Committee submit the following resolve:
That application be immediately made to the Minister of the U. S. at the Court of Versailles to know whether any complaint has come to his hands or any appeal has been made by George Hardwick late master of the Schooner Good Fortune, which was captured on the high seas by &c. &c. and carried into Cape François where she was condemned by a Court of Admiralty.]
A motion was made by Mr. [William] Ellery, seconded by Mr. [David] Howell, to postpone the farther consideration of this report in order to take up the original motion of the Delegates of Rhode Island, which is in the words following:
The Delegates for the State of Rhode Island and Providence plantations having represented to Congress that sometime in October, 1782, Edward Coffin, commanding
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officer of the Brig Unity, and Benjamin Bailey, commanding officer of the Brig Providence, both of Providence in the State of Rhode Island and Providence plantations, being in consort, did capture on the high seas and carry into Cape François in Hispaniola, for trial and condemnation, the Schooner Good Fortune, whereof George Hardwick was captain and part owner; and that said schooner and her cargo was accordingly adjudged to be lawful prize by Jean Baptiste Esteve, Counsellor for the King and Lieutenant General of the Admiralty at the Cape on the Ordinance of his Majesty of the 27th of September, 1778, which sentence of adjudication is in the words following, viz:
"That the Schooner Fortune or the Good Fortune has been seized and stopped for being furnished with double papers, Royal and American, with a design to make use of either according as circumstances might require, and consequently the said Schooner is in this case to be declared a good prize or subject to confiscation, we judge that provisionally and until the decree of the Judges of this affair may be known respecting the affair, the said Schooner and her cargo are to be sold according to law in the ordinary form, deducting from the amount all lawful charges and expences, which is to remain in the hands of Messieurs Brassier and Chevrier, merchants in this city, who will act as depositaries, and to be by them remitted to those to whom it shall belong; further, it is our opinion and advise that there is no room or right for the claim or demand of the said George Hardwick or for his pretensions mentioned in his request, except that he shall have liberty to appear before the Judges to try the affair, and notwithstanding the right and propriety of confining of the said George Hardwick in the gaol of this city he shall be relieved therefrom, and that without prejudice to the prosecution against him before the judges aforesaid for having navigated the Schooner with double papers; further we judge that an account of the above procedure
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shall be by us addressed to the Deputies of the United States residing at Paris. Resolved by us the King's Counsellor and the Lieutenant General of the Admiralty at the Cape the 4 day of November, 1782, which sentence or decree was afterwards confirmed by the sentence or decree of the Court of Admiralty at the Cape in consequence of the capture of the English Schooner the Good Fortune, together with the information above and aforesaid.
"We the General and Intendant have ordered and do order provisionally and until it shall otherwise be decreed by the American Deputies at Paris, the said decree shall be executed according to its form and tenor. That this ordinance shall be registered at the Admiralty Register's Office at the Cape.
"Given at the Cape under the Seals of our Arms and the countersign of our Secretaries the 9th of November, 1782. Signed Bellecomb and Bongaree, Sealed with red wax, and Lower by Monsr. the General, signed Duperien by Monsieur the Intendant DeZest."
And it being further represented by said Delegates that Messrs. Clarke and Nightingale, merchants of Providence aforesaid, and owners of said Brigs Unity and Providence, and others interested in said deposits are unable to avail themselves of the benefit of said sentence or decree in their favour for want of a certificate that no complaint or application has been made to Congress by the said George Hardwick or any person or persons in behalf of the owners of the said Schooner Good Fortune to obtain a reversal of the said sentence or decree;
Wherefore Resolved, That the Secretary be directed to examine the Journals and files of Congress respecting this affair, and to deliver to said Delegates a certificate of the result of his examination.1
[Note 1: 1 This motion, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 20, I, folio 243. According to indorsement, and to Committee Book No. 186, it was referred, on August 5, to Mr. [Hugh] Williamson, Mr. [Samuel] Holten and Mr. [James] Duane.]
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On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Hugh] Williamson,
{table}
So the question was lost.
On the question to agree to the resolution as reported by the committee, the yeas and nays being required by Mr. [David] Howell,
{table}
So it was resolved in the affirmative.
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The grand committee, consisting of Mr. [Abiel] Foster, Mr. [Samuel] Holten, Mr. [David] Howell, Mr. S[amuel] Huntington, Mr. [James] Duane, Mr. [Silas] Condict, Mr. [John] Montgomery, Mr. [James] McHenry, Mr. [Arthur] Lee, Mr. [Benjamin] Hawkins and Mr. [Jacob] Read, to whom was referred, "An Ordinance prohibiting the settlement and purchase of certain lands," reported the draft of a proclamation, which was agreed to as follows:
By the United States in Congress assembled.
A PROCLAMATION.
Whereas by the ninth of the Articles of Confederation, it is among other things declared, that "the United States in Congress assembled 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." And whereas it is essential to the welfare and interest of the United States as well as necessary for the maintenance of harmony and friendship with the Indians, not members of any of the states, that all cause of quarrel or complaint between them and the United States, or any of them, should be removed and prevented: Therefore the United States in Congress assembled have thought proper to issue their proclamation, and they do hereby prohibit and forbid all persons from making settlements on lands inhabited or claimed by Indians, without the limits or jurisdiction of any particular State, and from purchasing or receiving any gift or cession of such lands or claims without the express authority and directions of the United States in Congress assembled.
And it is moreover declared, that every such purchase or settlement, gift or cession, not having the authority aforesaid, is null and void, and that no right or title will accrue in consequence of any such purchase, gift, cession or settlement.1
[Note 1: 1 This proclamation, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 30, folio 31. According to the indorsement, it was delivered September 1, entered and read.]
Done in Congress, at Princeton, this twenty-second day of September, in the year of our Lord one thousand seven hundred and eighty three, and of our sovereignty and independence the eighth.
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Congress took into consideration the report of a committee, consisting of Mr. [James] Duane, Mr. [Jacob] Read, Mr. [James] McHenry, Mr. [Samuel] Huntington, Mr. [Richard] Peters, Mr. [James] Wilson and Mr. [James] Madison, appointed to consider what jurisdiction may be proper for Congress in the place of their permanent residence; Whereupon,
The Committee consisting of Mr Duane, Mr Read Mr McHenry, Mr Huntington Mr Peters, Mr Wilson, and Mr Madison, appointed to consider what jurisdiction may be proper for Congress in the place of their permanent residence, Submit the following report:
That two points seem to be necessary for the consideration of your Committee.
The extent of the District which will be necessary for the residence of Congress, and of the powers to be exercised by Congress within that District.
Whereupon it is,
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 23, folio 149. The indorsement says, "delivered September 5, entered and read. Thursday September 18, 1783, assigned for consideration. September 22d, 1783, referred to a committee of the whole. Thursday next assigned."]
Ordered, That the said report be referred to a committee of the whole house.
Resolved, That on Thursday next, Congress be resolved into a committee of the whole, to take into consideration the above report.
That the district which may be ceded to and accepted by Congress for their permanent residence ought to be entirely exempted from the authority of the State ceding the same; and the organization
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and administration of the powers of government within the said district concerted between Congress and the inhabitants thereof.1
[Note 1: 1 This motion, undated, in the writing of James Madison, is in the Papers of the Continental Congress, No. 23, folio 161.]
Resolved, That the State or States ceding the territory in which Congress shall determine to fix their permanent residence, should give up all jurisdiction whatsoever, over the territory so ceded, and the People inhabiting therein.
Resolved, That the appointment of Judges and the executive power within the said territory, should vest in Congress.
Resolved, That the People inhabiting within the said territory, should enjoy the privilege of trial by Jury, and of being governed by Laws made by Representatives of their own election.2
[Note 2: 2 This motion, undated, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 46, folio 93.
On this day, as the indorsement states, was read a letter of September 22 from Stephen Moore, relative to his losses. It is in No. 78, XVI, folio 399.
On this, or an approximate date, was read a letter of September 21 from Jedidiah Peck, agent for Captain Post's company of Artificers, praying for relief. It is in No. 78, XVIII, folio 501.]
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