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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, APRIL 21, 1784.
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina.
Congress resumed the consideration of the report on the plan of a temporary government of the Western territory.
And on the following clause, "That the settlers on any territory so purchased and offered for sale shall, either on
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their own petition or on the order of Congress, receive authority from them with appointment of time and place, for their free males of full age within the limits of their state, to meet together for the purpose of establishing a temporary government, to adopt the constitution and laws of any one of the original states."
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Thomas] Jefferson, to strike out the first part of the said clause as far as to the words "full age," inclusive, and in lieu thereof to insert,
That on the petition of the settlers on any territory so purchased of the Indians, or otherwise obtained and sold to individuals, or on the order of Congress, authority may be given by Congress with appointment of time and place, for all free males of full age, being citizens of the United States, and owning lands or residing.
And on the question to agree to this amendment, the yeas and nays being required by Mr. Gerry [John] Montgomery,
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So the question was lost.
A motion was then made by Mr. [Elbridge] Gerry, seconded by Mr. [Thomas] Jefferson, to amend the report by inserting immediately after the fourth principle or condition, "that the respective governments shall be republican," the following:
That the lands and improvements thereon of non-resident proprietors shall, in no case, be taxed higher than those of residents within any new State, before the admission thereof to a vote by its delegates in Congress.
A motion was made by Mr. [David] Howell, seconded by Mr. [John] Montgomery, to amend the amendment by striking out the words, "and improvements thereon:" And on the question shall those words stand the yeas and nays being required by Mr. [David] Howell,
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So the question was lost, and the words were struck out.
A motion was then made by Mr. [David] Howell, seconded by Mr. [William] Ellery, to amend the amendment further,
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by striking out the words, "before the admission thereof to a vote by its delegates in Congress:" And on the question, shall those words stand the yeas and nays being required by Mr. [George] Partridge,
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So it was resolved in the affirmative.
On the question to agree to the amendment as amended, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative, to amend the report by inserting,
That the lands of non-resident proprietors shall, in no case, be taxed higher than those of residents within any new State, before the admission thereof to a vote by its delegates in Congress.
A motion was then made by Mr. McHenry [Jacob] Read, seconded by Mr. Read [James] McHenry, to amend the report further, by adding thereto,
That till such time as the settiers aforesaid shall have adopted the constitution and laws of some one of the Original states as aforesaid, for a temporary government, the said settlers shall be ruled by magistrates to be appointed by the United States in Congress assembled, and under such laws and regulations as the United States in Congress assembled shall direct.
On the question to agree to this amendment, the yeas and nays being required by Mr. [Jacob] Read,
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So the question was lost.
The Committee consisting of [Mr. John Beatty, Mr. Samuel Hardy and Mr. William Ellery] to whom was Referred a letter of the 1st. November, 1783, from Dr. Franklin enclosing an account and sundry papers from Mr. Pierre du Calvet late a citizen of Montreal in Canada, have agreed to the following report.
That from a perusal of the papers referred to them they find, That upon the arrival of the American troops in Canada in '75 and during their subsequent operations there in '76, Mr. Du Calvet, then a merchant at Montreal, sold and delivered at different times, as expressed particularly in his account from No. 1 to 6 inclusive, to the orders of Generals Robt [Richard] Montgomery, David Wooster, Ben: Arnold and Moses Hazen, goods and merchandize to the amount of 31948 Livres 12 S. 5 D. equal toDollars; taking their receipts and promissory notes for payment--That he as furnished our generals and other officers with goods and merchandize to the amount of L24,445.17.8 equal todollars and received in payment therefore Continental paper of our first emission, which he still holds, that in consequence of their services and his known attachment to the American Cause; on the 27th. Sept., '80, his property was seized his person arrested by order of the Governor of Quebec and imprisoned on board an armed vessel for 58 days from thence he was carried to the common prison, where he remained under a rigorous and close confinement until the 2d. Day of May, '83, That during this period, and after his liberation he frequently solicited permission of General Haldemand to come within the U. S. to recover the monies due him, but finding he could not obtain that indulgence, he sailed for London in August and arrived at Paris in October. That having
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grown old, much broken and weakened by near three years imprisonment, and not daring to cross the water again he had produced his several accounts and vouchers, together with the paper emission to Dr. Franklin, for liquidation and payment. Your Committee therefore submit the following resolutions.
Resolved, That the U. S. are bound in honour and in justice to indemnify Mr. Du Calvet for the amount of the goods and merchandize by him furnished the American army, by order of our generals to their commanding officers while in Canada and that Dr. Franklin be requested to forward to the Comptroller of the U. S. for liquidation, the several papers and vouchers in support of said account, first causing duplicates of them to be taken, which being attested by himself and delivered Mr. Du Calvet deemed by the U. S. as valid as the originals might or could have been, in case the latter should by accident or otherways be lost, and the Comptroller is hereby directed upon receipt of said papers to cause the account to be speedily adjusted and certificates to be issued bearing an interest of 6 percent. from the time of their becoming due Mr. Calvets right to demand payment accrued for the payment of the amount which shall appear to be due him at such early and convenient times as the Finances of the U. S. will admit.
Resolved, That as the depreciation of the paper currency arose from the exigency of the war and not from any act of Congress, and inasmuch as it has been equally injurious, to our own citizens, as to foreigners, and no compensation having been made to the former, for the losses they have sustained thereby, M. Du. Calvet be informed, the U. S. cannot with justice, discriminate between him and any other class or description of men, but that the same measure of depreciation, will be extended to him as to the citizens of these States.1
[Note 1: 1 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, II, folio 121. The indorsement states that it was read this day, and "September 6, 1785, the report filed and the papers to which it refers committed to the Treasury."]
The Committee of the week [Mr. Thomas Stone, Mr. John Francis Mercer and Mr. James Wadsworth] report That the petition of Thomas Sudle of Somerset County in the State of Maryland, setting forth that he was plundered of Continental Certificates to the amount of two thousand, three hundred dollars among other property by the
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crew of an English barge, and praying that they be renewed or some other relief afforded, be committed.
That the petn. of Nathaniel Greenwood praying that an order may issue for payment of his wages while he was a prisoner and while he served under Capt Allen be referred to a Committee.1
[Note 1: 1 This report, in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 32, folio 557. It is undated but doubtless belongs to this period.]
The Committee of the week [Mr. Edward Hand, Mr. Thomas Stone, and Mr. Ephraim Paine] to whom this memorial [of De Marcellin and Le Roy] was referred report that it be read in Congress.2
[Note 2: 2 This report, in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 41, VI, folio 330. It is undated, but must have been presented on this or an approximate date. The memorial is on folio 327, is dated April 14, was read in Congress May 15 and referred to Mr. [Edward] Hand, Mr. [Thomas] Stone and Mr. [Ephraim] Paine. See post, May 15.]
[Motion of Mr. David Howell, Referred to Mr. David Howell, Mr. Roger Sherman, Mr. Samuel Hardy.]
Resolved, That the Commissioner for settling the accounts of the State of Rhode Island and Providence Plantations with the U. S. be directed to adjust and finally settle the accounts of Colonel Josiah Flagg late Commissary, and of which [sic] Flagg Junior late Conductor of Military and Ordnance stores in said state.3
[Note 3: 3 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 345.]
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