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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 --WEDNESDAY FEBRUARY 11, 1784.
Congress assembled: Present as yesterday.
Ordered, That the election of an under secretary, to take charge of the papers in the office for foreign affairs, be farther postponed till to-morrow.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Arthur] Lee,
Ordered, That to-morrow be assigned for electing a deputy secretary.
The committee consisting of [Mr. William Ellery, Mr. Thomas Jefferson and Mr. Arthur Lee] to whom was referred a note from the honble the Minister of France dated the 30 Jany. last, informing that H. M. C. M. from a desire to favour the progress of Commerce between his realm and these United States has nominated 4 consuls and 5 vice-consuls to reside in the towns of this continent where he has judged their presence to be necessary, and that he has appointed Mr. de Marbois consul general for the 13 U. S. to attend more particularly to the general objects of Commerce," and desiring that Congress would be pleased to appoint a committee to treat with M. de Marbois relative to the recognition of the character of these new officers, report
That they have conferred with Mr. de Marbois, who produced to them a commission for himself, appointing him Consul of France for the states of Pensylvania and Delaware, and Consul general for the 13 U. S. to reside at Philadelphia.
Also a commission for the Sr. de l'Etombe, appointing him Consul of France for the states of Massachusetts, New Hampshire and Rhode Island, to reside at Boston.
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A commission for the Sr. de St. Jean de Crevecoeur, appointing him Consul of France for the states of New York, Connecticut and New Jersey, to reside at New York.
A commission for the Chev. Dannemours, appointing him Consul of France for the states of Maryland and Virginia, to reside at Baltimore.
A brevet appointing the Sr. Tosean vice consul at Portsmouth in New Hampshire.
A brevet appointing Mr. de Marbois vice consul at Rhode Island.
A brevet appointing Mr. Oster vice consul at Richmond in Virginia.
A brevet appointing Mr. Petry vice consul at Wilmington in North Carolina.
And a brevet appointing Mr. de la For?t vice consul at Savannah in Georgia.
All which commissions and brevets the committee submit to the consideration of Congress, and beg leave to recommend,
That the said Officers be approved, the Commissions and brevets registered in the Secretary's Office, and that thereupon acts of recognition in due form be immediately issued to the states concerned, in order that they may furnish them respectively with their exequatur or notification of their quality, that the same may be made known and published.1
[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, II, folio 339. It is indorsed by Thomson, "Delivered in lieu of that of 30 January. Passed 11 Feby., 1784." The resolution and part of the preamble were adopted and entered on the Journal, February 11, but on February 12 amendments were moved by Mr. Jacob Read and the entry on the Journal was changed accordingly. Read's motion is on folios 343 and 345, with the following introduction, in Charles Thomson's writing:
The journal of the 11th being read, and an amendment having been moved and adopted in the resolution respecting the recognitions of Consuls and vice consuls, a motion was made by Mr. R secondedby to amend the recital previous to the resolution by striking out the words "laid before Congress" &c. to read "inclusive," and in lieu thereof to insert]
On the report of a The committee, consisting of Mr. [William] Ellery, Mr. [Thomas] Jefferson and Mr. [Arthur] Lee, to whom was referred a note from the honorable the Minister of France, dated the 30 January, informing, that "his Most Christian Majesty, from a desire to favour the
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progress of commerce between his realm and these United States, has nominated four consuls and five vice-consuls, to reside in the towns of this continent where he has judged their presence to be necessary; and that he has appointed the Sieur Mr. de Marbois consul general for the thirteen United States," laid before Congress report,
That they have conferred with Mr. de Marbois, who produced to them four commissions for the said consuls, and five brevets for the vice-consuls; which being read [whereby it appear, that the said Sieur de Marbois is appointed consul general of France for the thirteen United States of America; the Sieur de l'Etombe, consul of France for the states of New Hampshire, Massachusetts and Rhode Island; the Sieur de St. Jean de Crevecoeur, consul of France for the states of Connecticut, New York and New Jersey; the said Sieur de Marbois consul of France for the states of Pensylvania and Delaware, and the Chevalier D'Annemours consul of France for Maryland and Virginia: also that the Sieur Toscan is appointed vice-consul at Portsmouth, in New Hampshire; the Sieur de Marbois vice-consul at Rhode Island; the Sieur Oster vice-consul at Richmond, in Virginia; the Sieur Perry vice-consul at Wilmington, in North Carolina, and the Sieur de la Foret vice-consul at Savannah, in Georgia: Whereupon,]
Resolved, That the said officers be approved, commissions and brevets of the said officers, be registered in the secretary's office; and that thereupon acts of recognition in due form be immediately issued to the states concerned, in order that they may furnish them respectively with their exequatur or notification of their quality, that the same may be made known and published.1
[Note 1: 1 This report was also entered in the Secret Journal, Foreign Affairs. The part in brackets was inserted on Feb. 12, on motion of Mr. Jacob Read.]
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On the report of a committee, consisting of Mr. [Jeremiah Townley] Chase, Mr. [Hugh] Williamson and Mr. [George] Partridge, to whom were referred petitions of Captains Gosselin, Olivie and Leibert, Canadian Officers, lately in the regiment commanded by Brigadier General Hazen, requesting that they may be furnished with money in payment for sundry articles with which they supplied the troops of the United States in Canada,
Resolved, That the Canadian officers be furnished with a copy of the act of August 9, 1783; and that the commissioner therein referred to, be required to give dispatch to the settlement of the accounts of those officers.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 22, folio 223. Gosselin's petition is in No. 42, III, folio 256. Olivie and Leibert's petition is in No. 42, VI, folio 85(a).]
The committee, consisting of Mr. [Hugh] Williamson, Mr. [James] Monroe and Mr. [Roger] Sherman, to whom was referred a letter of 20 January last, from J. Pierce, paymaster general, respecting claims which have been made by certain officers to half pay and the commutation for half pay, report,
That by a resolve of November 24, 1778, it was provided, that all deranged officers should be entitled to one year's pay; and it was further provided, that officers who had been prisoners with the enemy, and then were, or thereafter might be exchanged, should, if appointed by the authority of the State, be entitled to return into the service in the same rank they would have had if they had not been captured, under certain restrictions, and that they should receive half pay till the time of their entering again into the service. Under this act, certain officers claim half pay to the end of the war, and the commutation for half pay from that period during life. On which the committee observe, that the half pay first mentioned, was promised as a temporary
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support to such officers as should be re-appointed by their respective states, and to none besides; and that all other continental Officers who have been prisoners with the enemy, and deranged, are entitled to one year's pay, and nothing besides. That such was the intention of Congress, is explained by the subsequent acts of May 22, 1779, and May 26, 1781. There is no act under which those officers can claim the commutation for half pay. It is provided by a resolve of the 28 June, 1782, "that there shall be such additional pay and emoluments to the pay of captains and sub-alterns serving as aids-de-camp to major and brigadier generals, and to brigade majors, as shall make their pay and emoluments equal to the pay and emoluments of a major in the line of the army." Under this resolution, certain aids and brigade majors, who are captains or sub-alterns in the line, claim commutation equal to that of a major in the line. This claim appears for sundry reasons to be ill founded. The offices which those gentlemen held out of the line, were temporary, and the additional pay and emoluments were certainly promised to them while they continued to serve in those offices, and no longer. If they are supposed to found their claim to the commutation of a major, under the head of additional emoluments, them claim must be ill founded; for it is clear from the terms of the resolution, that pay and emoluments do not signify the same thing, but the commutation is the substitute for pay alone or half pay, and not for rations nor any other emolument. On the whole, the committee are of opinion, that the paymaster general, in settling the accounts of the army, in all claims which may be brought for half pay or commutation, should be determined by the act of the 26 of January, 1784.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, V, folio 185-1. Pierce's letter is in No. 62, folio 5.]
Resolved, That Congress agree to the said report.
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On motion of Mr. [Elbridge] Gerry, seconded by Mr. [David] Howell,
Ordered, That attested copies of the proceedings of Congress of the first of November last, for procuring a full representation in Congress, be forthwith transmitted to the supreme executives of the respective states.
And that in future the Secretary of Congress and that a Committee be appointed to revise the regulation of the Department of Secretary of Congress and to report such alterations as may be necessary.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, II, folio 317.]
The Committee of the Week [Mr. Samuel Osgood, Mr. John Montgomery and Mr. James Monroe] report that the petition of Anthony Seling a foreign officer be referred to a special committee2
[Note 2: 2 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 41, IX, folio 272. Seling's petition is on folio 269. It was referred go Mr. [Hugh] Williamson, Mr. [James] Monroe and Mr. [David] Howell.]
[Motion of Mr. David Howell. Referred to Mr. David Howell, Mr. Hugh Williamson and Mr. Jacob Read.]
Congress having received information that the mail from the southward has arrived here but twice for the last seven weeks and then only from Virginia, and that the mail from the eastward has arrived here but once for the last three weeks, notwithstanding travellers both on horseback and in carriages have passed on the post roads--
Resolved, That the postmaster general be directed to inquire into and report to Congress the reasons of the aforesaid failures and to dismiss or cause to be dismissed from the service of the department any person, or persons, who may appear to have been deficient3
[Note 3: 3 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 61, folio 527. It was made on this day, according to the indorsement, and referred to Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Jacob] Read.
On this day, the indorsement states, was read a letter of February 10th from James Smith and referred to Mr. [Jeremiah Townley] Chase, Mr. [Samuel] Osgood and Mr. [William] Ellery. It is in No. 78, XXI, folio 345. Committee Book, No. 186, says the committee reported February 13th.]
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