| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --TUESDAY, MARCH 23, 1784.
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Virginia, North Carolina and South Carolina; and from the State of Pensylvania, Mr. [Thomas] Mifflin; and from Maryland, Mr. [Jeremiah Townley] Chase.
On motion of Mr. [Abiel] Foster, seconded by Mr. [Jonathan] Blanchard,
Resolved, That the determination of the question on the resolution of the committee on the letter of 6 November, 1783, from the legislature of New Hampshire, touching the proceedings and sentence of the court of appeals in cases of capture, on the case of the brig Lusannah, be further postponed till to-morrow.
On the report of the committee of qualifications, consisting of Mr. [Roger] Sherman, Mr. [Thomas] Jefferson, Mr. [John] Beatty, Mr. [Jeremiah Townley] Chase and Mr. [Hugh] Williamson:
Whereas by the fifth of the Articles of Confederation and perpetual union of the United States, it is agreed, "that for the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct,
Page 157 | Page image
to meet in Congress on the first Monday in November, in every year, with a power reserved to each State, to recal its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year,"
And whereas from a different mode of appointment in some instances inconveniences have arisen
Resolved, That the several states be requested annually to appoint their delegates to serve in Congress for one year, to commence on the first Monday in November next ensuing the time of their appointment: and when vacancies shall happen by the removal or resignation of any of the said delegates within the year, such states be requested to appoint others in their stead, to serve only for the remainder of the year; and to certify the time for which to furnish their delegates are so appointed in their with commissions, or other credentials, under the seal of the State, particularly specifying the time for which they are appointed.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 23, folio 383; a printed copy is on folio 469. The following, in the writing of Elbridge Gerry, is on folio 387:
[Report of the Committee of Qualifications, March, 1784.]
Whereas by the following paragraphs in the 5th Article of the Confederation, viz. "Delegates shall be annually appointed in such manner as the Legislature of each State shall direct, to meet in Congress on the 1st Monday in November in every year, with a power to recall its Delegates or any of them at any time within the year, and to send others in their stead, for the remainder of the year"; and by another paragraph of the same Article viz. "No person shall be capable of being a Delegate for more than three years in any term of six years," Congress conceive it is clearly provided, as well by the letters as by the spirit of the Confederation, that the Delegates of each State should be annually so appointed as to have a right to a seat in Congress under such appointment, from the first Monday of November of the year for which they may be appointed to the first Monday of November of the next ensuing year, unless in cases of the vacancy of a seat, which should produce a new appointment for the residue only of the federal year, being till the first Monday of November then next ensuing.
And whereas the annual appointment of Members to take their seats at different periods will in the opinion of Congress be not only only repugnant less conformable to the letter and spirit of the Confederation upon the support whereof the liberty and strictest adherence to which the peace, liberty and safety of the United States may in a great measure depend; but be also productive of great disorder and confusion in computing the time, wherein Members may have a right to a seat in Congress, and by making many or all the Members of one federal year, capable under the same appointment of holding their seats in the Congress of the next ensuing year will in a great measure destroy the good effects, which may otherwise result from a rotation of the office and from preserving entire the distinction between the Congress of each federal year.
Therefore Resolved, That the Legislatures of the several States be informed of the opinion of Congress aforesaid and requested to make their appointments conformably thereto.]
Page 158 | Page image
The committee of qualifications having farther reported, that Mr. [Samuel] Osgood was, on the 14 February, 1781, by the legislature of the State of Massachusetts, appointed a delegate for that State to Congress, from that time until the first Monday in November then next, in consequence thereof he took his seat in Congress, on the 12 day of June, 1781; that on the 25 of the said June, he was again appointed to the said office for one year, commencing the first Monday in November then next, and on the 7 of June, 1782, he was again elected for one year, to commence the first Monday of November then next, and on the 9 day of July, 1783, he was again elected for one year, to commence the first Monday in November, 1783; that he accepted the said trust under each of said appointments; that on the first day of March, 1781, the Articles of Confederation were finally ratified; whereupon, the committee are of opinion, that by the 5 Article of the Confederation, the said Mr. Osgood became incapable of being a delegate in Congress until the after the first Monday day of November March, 1784, he having been a delegate three years expiring on that day, since the final ratification of the said Articles.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 23, folio 385.]
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [George] Partridge, to postpone the consideration of the
Page 159 | Page image
opinion reported by the committee, in order to take into consideration the following:
After the statement of facts as made by the committee, and adding, "but the members then in Congress, being appointed previous to and not under the Articles of the Confederation, and nothing appearing in the Credentials of those members to authorise them to sit in two Congresses differently constituted, and it being also reasonable to conclude that the first federal year commenced the first Monday of November, 1781: Resolved, That Mr. [Samuel] Osgood is capable of being a delegate till the first Monday of November, 1784."1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 25, II, folio 354.]
And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Elbridge] Gerry,
{table}
So the question was lost.
Page 160 | Page image
On the question to agree to the report of the committee, the yeas and nays being required by Mr. [David] Howell,
{table}
So the question was lost.
Whereas it is provided in the 5th art. of the Confederation that "delegates shall be annually appointed, in such manner as the Legislatures of each state shall direct, to meet in Congress on the 1st Monday in November in every year"
Resolved, That it be recommended to the several states to conform their future appointment of delegates to the said article.1
[Note 1: 1 This motion, in the writing of David Howell, undated, is in the Papers of the Continental Congress, No. 23, folio 245. A note on the motion indicates that it was seconded by William Ellery and a motion made to postpone, on which Howell demanded the yeas and nays, which, probably, was carried.]
On the report of a committee, consisting of Mr. [David] Howell, Mr. [Jeremiah Townley] Chase and Mr. [Arthur] Lee, to whom was referred a letter of September 20th, 1783, from the Superintendant of finance, with sundry papers enclosed:
Your Committee find that on the 11th. July, 1780, Congress resolved, "That the pay of the Officers and Men in the Navy of these United States, as fixed by the Act of Congress of July 25th., 1777, and
Page 161 | Page image
the subsistence Money of Officers of the Navy as regulated by the Act of Congress of July 25th., 1777, be considered and paid in specie or other money equivalent," and "that forty Continental dollars or one dollar of the bills which shall be issued by the respective States, in pursuance of the Act of Congress of the 18th March last, be considered as equivalent to a dollar in specie,"
Your Committee also find that on the 12th of June, 1781, Congress Resolved, "That the balances now due to the officers, seamen, landsmen and marines, in the Sea Service, and the sums that shall hereafter become due to them, either for wages, subsistance, or bounty, shall be paid in specie or other money equivalent according to the current rate of exchange at the time of payment."
Resolved, That the commissioner for settling the marine accounts, govern himself by the resolutions of the 11 July, 1780, and the 12 of June, 1781, in settling the pay of the officers and men of the navy, and the depreciation thereon.1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No 19, IV, folio 425.]
On the report of a committee, consisting of Mr. [David] Howell, Mr. [Jeremiah Townley] Chase and Mr. [Arthur] Lee, to whom was referred a letter of 13 January, 1784, from the Superintendant of finance, on the memorial of James Taylor:
Your Committee cannot find that any mode hath been adopted for settling the accounts of the secret and commercial committees of Congress other than the general resolution of Feby: 27, 1783, which directs that all accounts, for the settlement of which no special provision has been made, shall be settled at the Treasury in the usual manner--and therefore recommend the following resolution--
Resolved, That the comptroller of accounts be, and he hereby is Authorised and directed, to cause a settlement to be made of the accounts between the United States and the secret and commercial committees of Congress, and all others existing under contracts made with the said committees,
Page 162 | Page image
according to the usual mode of settling accounts at the treasury, and to report such settlement to Congress.1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, I, folio 605.]
[Report of Mr Arthur Lee, Mr Hugh Williamson and Mr William Ellery, on motion of Mr Hugh Williamson with sundry papers relative to the detention of the Nancy]
The Committee to whom a motion relative to the Schooner Nancy, Captain Gladden, of N. Carolina was referred recommend the following resolution.
Resolved, That the papers relating to the detention of the schooner Nancy, Capt. Gladden belonging to Citizens of these United States residing in North Carolina be transmitted to our ministers for negotiating with the court of Great Britain treaties with foreign Courts, and that they be instructed to make inquiry into the cause of the seizure and detention of the said Schooner and her Cargo, and if it shall appear that she has been unjustly detained to demand the release of the vessel and the restoration of her Cargo, with adequate damages for her detention.2
[Note 2: 2 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 28, folio 177a. The indorsement states that it was delivered this day and read, and that it was passed May -- 1784. The motion, by Hugh Williamson seconded by Arthur Lee, in the writing of Williamson, is on folio 177, as follows:
That the ministers who are appointed to negotiate treaties with foreign Courts be instructed to apply to the British Court for payment for the Schooner Nancy commanded by Captain Gladden of N. Carolina together with her cargo, Said vessel having been illegally detained since the cessation of hostilities in Castle Haven in Ireland and lost to her owners.]
The Committee of the week [Mr. Jonathan Blanchard, Mr. James Wadsworth and Mr. John Beatty] report on the application of Francis Galvan Decbernou for lands in right of William Galvan cannot be now granted and that the petition remain on the files of Congress.3
[Note 3: 3 This report, in the writing of George Partridge, is in the Papers of the Continental Congress, No. 42, III, folio 267. De Bernoux's petition is on folio 264. It was read, the indorsement states, May 10, 1784.]
Page 163 | Page image
[Motion of Mr. David Howell, seconded by Mr. Arthur Lee]
Rs that a Committee be appointed to consider of the measures proper to be adopted in order to take possession of and garrison the forts of the frontier posts.1
[Note 1: 1 This motion in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 38, folio 405. It is undated but Committee Book No. 186 states that it was made this day and referred to Mr. [John Francis] Mercer, Mr. [Arthur] Lee, Mr. [Elbridge] Gerry and Mr. [David] Howell, who reported April 6.]
That a surffnt number of the Troops now in Service be ordered to take possession of the Western Posts, the United States paying the extra pay, now paid those Troops by the States by whom they were rais'd.
That Requisitions be made agreeably to the Articles of Confederation on the Respective States for raising Troops to supply the place of those to be now ordered on Service.2
[Note 2: 2 This motion, undated, is on folio 405a It belongs to this or an approximate date.]
The Committee of the week [Mr. Jonathan Blanchard, Mr. James Wadsworth and Mr. John Beatty] report that the petition and memorial of Jno. Halsted late Deputy Commissary General in Canada ought to be read in Congress.3
[Note 3: 3 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 42, III, folio 466. Halsted's petition is on folio 463. The indorsement states that it was read March 31, 1784, and referred to Mr. [Roger] Sherman, Mr. [John] Beatty and Mr. [Samuel] Dick.
On this or an approximate date was read a letter of 22 March, 1784, from Richard Bache. It is in No. 61, folio 57.
Also, on this date, as the indorsement shows, a letter of 19 March from Major W. North was referred to Mr. [David] Howell, Mr. [Elbridge] Gerry and Mr. [Hugh] Williamson. It is in No. 164, folio 234.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |