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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 --SATURDAY, MAY 29, 1784.
Congress assembled: Present as before.
Two reports being called for, which were both orders of the day, and the title of the first called for being read, viz. "report of Grand Committee, consisting of Mr. [Thomas] Stone, Mr. [Jonathan] Blanchard, Mr. [Elbridge] Gerry, Mr. [David] Howell, Mr. [Roger] Sherman, Mr. [Charles] De Witt, Mr. [Charles] Dick, Mr. [Edward] Hand, Mr. [Samuel] Hardy, Mr. [Hugh] Williamson and Mr. [Jacob] Read, on a letter of 29 April, from the Superintendant of finance, respecting Loan Offices," which is in the words following:
"The grand committee, to whom was referred a letter from the Superintendant of finance, of the 29 of April last, are of Opinion that it will be necessary to continue the Continental loan Offices in the several states, for the purpose of paying the monies borrowed in the said offices, and the annual interest thereon, pursuant to the act of Congress of the 3d day of October, 1776. That all monies collected by
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the several states, for the United States, may likewise be paid into that office, and the other receivers be discontinued. The Committee thereupon submit the following resolves:
That from and after the first day of August next, all monies collected in the several states for the use of the United States shall be paid into the continental loan Office, in said states respectively; and all other receivers of such monies shall be discontinued. That loan officers shall be appointed by the legislatures, or in their recess, or by their consent, by the supreme executives of the states respectively; but when so appointed, shall be amenable to and removeable by the United States in Congress assembled, or such officer or board as shall have the management of the finances of the United States. That no person shall be appointed to such office, who shall have neglected or refused to adjust his public accounts, or to pay the balance due thereon to the United States. That the said loan Officers respectively be entitled to receiveper cent. on all monies that shall be brought into their respective loan Offices, in lieu of all claims and demands for transacting the business of said Offices. That the receivers of continental taxes who have been appointed in the several states by the Superintendant of finance, shall receive for their services a commission on the moneys by them actually received for the United States, at the rates heretofore fixed by the said Superintendant of finance. That with respect to the receipts taken by the loan officer in Connecticut, for interest by him paid on loan office certificates, it would have been more regular to have inserted the number of the certificates, but as the sum of money paid was endorsed on the certificates, at the time of payment, the committee are of opinion, that the United States are secured against any further demand for the interest paid; and that said receipts may be admitted as vouchers of the payment, in settling the accounts of the loan Office."
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On the question, shall this report be taken up the yeas and nays being required by Mr. [Ephraim] Paine,
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So it passed in the negative.
The report of the committee [Mr. Thomas Jefferson, Mr. Samuel Osgood and Mr. Roger Sherman], on the powers with which the Committee of the states should be invested, was then taken up; Whereupon,
Resolved, That the Committee of the states, which shall be appointed pursuant to the ninth of the Articles of Confederation and perpetual Union, to sit in the recess of Congress, for transacting the business of the United States, shall possess all the powers which may be exercised by seven states in Congress assembled, except those of sending Ambassadors, ministers, envoys, residents, consuls or agents, to foreign countries or courts; establishing rules for deciding what captures on land or water shall be legal, and in what manner
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prizes taken by land or naval forces, in the service of the United States, shall be divided or appropriated; establishing courts for receiving and determining finally appeals in cases of capture; constituting courts for deciding disputes and differences arising between two or more states; fixing the standard of weights and measures for the United States; changing the rate of postage on the papers passing through the post offices established by Congress; and generally of repealing or contravening any Ordinance or act passed by Congress; [or appointing civil or military officers, unless to supply the places of such within the United States as the Committee may suspend for real-conduct; or to fill up vacancies which may hereafter happen, by death, resignation, or otherways, within the said states; provided such appointments shall not continue after the recess of Congress, unless confirmed by them at their next meeting, more than one month after the assembling of Congress in November next, unless confirmed by them.]1
[Note 1: 1 This paragraph, in the writing of Eldridge Gerry, is in the Papers of the Continental Congress, No, 23, folio 167.]
That nine members shall be requisite to proceed to business.
That no question, except for adjourning from day to day, shall be determined without the concurrence of seven nine states.
That the President of Congress, if a member of the said committee, and if not a member or if absent at any time, then a chairman to be chosen by themselves shall preside, the President or chairman retaining a right to vote.
That a chairman, to be chosen by the Committee, shall preside.
That the Secretary and other officers of Congress, when required, shall attend on the said Committee.
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That the Committee shall keep a journal of their proceedings to be laid before Congress; and that in these journals, which shall be published monthly, and transmitted to the executives of the several states, shall be entered the yeas and nays of the members, when any one of them shall have desired it before the question be put.
[That if it shall happen that any of these United States shall not be represented in Congress, at the time of electing the Committee of the states, or if no delegate shall be elected by Congress for any particular State, such State or states may be represented therein by any one of the delegates of such State or states, and the members of the delegation of any State may relieve each other, in such manner as may be agreed on by themselves, or directed by their State.]1
[Note 1: 1 This paragraph, in the writing of David Howell, is in the Papers of the Continental Congress, No. 23, folio 175.
The following, marked Mr. Dana and Mr. Ellery, is in the writing of Francis Dana and is in No. 30, IV, folio 103:
That if it shall happen that any of these United States shall not be represented in Congress at the time of electing the Committee of the States, such state or slates may be represented therein by any one of the Delegates of that such State or States, who may be named by the legislative authority or in default thereof by the Supreme Executive Authority thereof of the said State or states for that purpose. And any of these United States may fill up a vacancy in the Committee of the Stages occasioned by the death or otherwise or recall of the Member of such State or otherwise states.]
[In case any unexpected and very important business occurs, in which the committee may think the happiness or peace of the United States is involved, and to which they are not. competent, it shall be their duty to appoint a day for the meeting of Congress, prior to that to which they stand adjourned, and to give notice of the same to the supreme executives of the several states, that the delegates may be instructed have notice to attend.]2
[Note 2: 2 This paragraph, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 23, folio 177.]
[That the committee shall only receive have power to receive communications from foreign minsters, and lay
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them before the Congress when they shall convene, but shall proceed to the transaction business with them, which they are not authorised to do by the United States in Congress assembled, transact no business with them, unless authorised thereto by particular acts of Congress.]1
[Note 1: 1 This paragraph, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 23, folio 173. The report, except the paragraphs noted, is in the writing of Thomas Jefferson, and is on folio 169.]
On Motion of Mr. [Elbridge] Gerry, seconded by Mr. [David] Howell,
Resolved, That the Committee of the states be, and they are hereby Authorised and instructed to prepare and report to Congress, an Ordnance for making the necessary arrangements of the treasury, and for more particularly defining the powers of the Board of Treasury, and also to revise the institutions of the Office for Foreign Affairs, and (of the War Office, and to report such alterations as they may judge necessary)2
[Note 2: 2 This motion, in the writing of Elbridge Gerry, except the words in parenthesis, which are in the writing of David Howell, is in the Papers of the Continental Congress, No. 23, folio 171.]
Congress proceeded to appoint "a committee of the states;" and, the ballots being taken, the following members were elected:
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On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Francis] Dana and Mr. [David] Howell, to whom was referred a Note from the honble. the minister plenipotentiary of his Most Christian Majesty, Congress came to the following resolution:
Whereas Congress have been informed, by a note addressed to them by the Chevalier de la Luzerne, minister plenipotentiary of his Most Christian Majesty, of the 20th instant, and the papers accompanying the same, that a violation of the laws of Nations, hath been committed by one Lonchamps, who calls himself Chevalier de Longchumps, a subject of his Most Christian Majesty, by a violent assault and battery by him lately made in the City of Philadelphia, upon the person of Mr. Marbois, Consul general and Secretary to the above legation: and that although a warrant for apprehending the Offender has been duely issued, in consequence of directions given by the president of the State of Pensylvania, upon application to him made for that purpose by the said minister, he has not yet been apprehended, but absconds, and is supposed to have fled from justice into some other of these United States. Wherefore to the end the said Longchamps may be brought to condign punishment for his said offence, and that the privileges and immunities of foreign Ministers, and of their families and houses, be preserved inviolate:
Resolved, That it be, and it is hereby recommended to the Supreme executive authority of each of these United States, forthwith to issue their proclamations, offering a reward of five hundred dollars, to be reimbursed by the United States to the State paying the same, for discovering the said Longchamps, so that he may be arrested; and requiring their proper civil Officers to arrest him, and their citizens in general to be aiding and assisting therein, that he may be brought to justice for his said violation of the laws of Nations and of
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the land, and all others may be deterred from the commission of such Offences.1
[Note 1: 1 This report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 25, II, folio 365. This report was also entered in the manuscript Secret Journal, Foreign Affairs.]
The Committee consisting of Mr. [David] Howell, Mr. [Hugh] Williamson, and Mr. [Roger] Sherman, to whom was referred a motion made by Mr. [David] Howell respecting the Office of Secretary at War, report the following resolves:
That the Salary of the Secy at War shall not in future exceed dollars per annum.
That the Secretary at War be authorized to employ one clerk in his Office with an allowance of a sum not exceeding five hundred dollars per annum.
That no other Officers be continued in said Office. That the Secy at War be authorized to take order for carrying into effect all resolves of Congress for raising and equipping troops for the service of the United States, and to direct the arrangement, destination and operations of such troops as are or may be in service, subject to the orders of Congress, or of the Committee of the States in the recess of Congress.
That the Superintendant of Finance or the Board of Treasury be empowered and directed to take order by contract or otherwise, for furnishing the necessary supplies for such troops and garrisons, as may be kept up by the United States, and for the transportation, safe keeping and issuing the same.
That tomorrow be assigned for the appointment of a Secretary at War.
That the Secretary at War shall twice in every year, and oftener if required, settle the accounts of his Department and report them for the inspection of Congress.
That the Secy. at War and his clerk shall, [before they enter on the duty of their respective Offices, take and subscribe an oath (or affirmation) of fidelity to the United States, and for the faithful execution of the trust reposed in them, which oaths shall be administered by the Secy. of Congress, and a certificate thereof be filed in his Office.
The Oath of fidelity shall be in the words following:
I, A. B. do acknowledge that I owe faith and true allegiance to the United States of America and I do swear (or affirm) that I will to the
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utmost of my power, support, maintain and defend the said United States, in their Freedom, Sovereignty and Independence against all opposition whatsoever.
And the Oath of Office shall be in the following words: I. A. B. appointed to the Office ofdo swear (or affirm) that I will faithfully, truly and impartially execute the said Office, according to the best of my skill and judgement: and that I will not disclose or reveal any thing that shall come to my knowledge in the execution of the said Office, or from the confidence I may thereby acquire: which in my own judgement, or by the injunction of my superiors, ought to be kept secret.
That the form of the Oath of fidelity heretofore prescribed by Congress be and the same is hereby revoked.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 27, folio 265.]
The Committee consisting of Mr. [Roger] Sherman, Mr. [Arthur] Lee, and Mr. [Elbridge] Gerry to whom was referred a letter from the Superintendant of Finance dated 4 May 1784 with papers enclosed respecting a loan in Holland, submit the following resolution.
That Congress approve of the conduct of the Commissioners for obtaining a public loan in Holland in agreeing to accept the loan of two millions of guilders on the terms mentioned in their letter to the Superintendant of Finance of the nineteenth of February last, for the use of the United States, to answer the drafts made on them by the Honorable Robert Morris, Esq., and also the conduct of Mr. Adams in advising and guarantying the said loan and Congress will ratify the securities that shall be given for the same accordingly.
That the Superintendent of Finance be directed to instruct the said commissioners Mr. Adams be instructed not to negotiate any further loans in Holland, on the terms aforesaid without the further order of Congress.2
[Note 2: 2 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 29, folio 339. The indorsement states that it was read on this day. The letter of the Superintendant of Finance is in No. 137, III, folio 573. The indorsement shows that [Thomas] Jefferson was on the committee when it was appointed on May 7, but afterwards was taken off.]
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[Mr. Ephraim Paine and Mr. Charles D' Witt's motion.]
Whereas the Memorial of the Delegates of the State of New York bearing date the 24th. Day of April 1784 together with the papers accompanying the same stands Committed;
And whereas the subject matter contained in the said memorial is important;
Resolved, That the Committee to whom the said memorial and papers were referred be called upon to Report by Tuesday next.1
[Note 1: 1 This motion, undated, in the writing of Ephraim Paine, is in the Papers of the Continental Congress, No. 36, IV, folio 549. Apparently, it was submitted this day. See post, May 31. The New York motion was made May 13.]
The Committee, consisting of Mr [Jacob] Read, Mr [Roger] Sherman, Mr [William] Ellery, Mr [Samuel] Hardy and Mr [George] Partridge, to whom was referred the Representation of the Delegates from the State of New York, respecting the controversy between the said State and the people inhabiting the Territory called the New Hampshire Grants, made in pursuance of express Instructions from the Legislature of the said State urging the necessity of an immediate decision of the said Controversy with sundry affidavits and other papers accompanying the same having carefully examined the said papers and the files and proceedings of Congress respecting the said Controversy and maturely considered the case, report thereon as follows:
That by an Act of Congress of the 7th of August, 1781, reciting that the States of New Hampshire and New York had submitted to Congress the decision of the disputes between them and the People Inhabiting the New Hampshire Grants on the west side of Connecticut River, called the State of Vermont, concerning their respective claims of Jurisdiction over the said Territory, and had been heard thereon, And that the people aforesaid did claim and exercise the Powers of a Sovereign Independent State, and had requested to be admitted into the federal union of the States, it was among other things resolved "That a Committee of five be appointed to confer with such person or persons as may be appointed by the people residing on the New Hampshire Grants on the West Side of Connecticut River, or by their Representative Body respecting their claim to be an Independent State and on what terms it may be proper to admit them into the foederal union of these States, in case
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the United States in Congress Assembled shall determine to recognize their Independence, and thereof make report."
"And it is hereby recommended to the People of the Territory aforesaid or their Representative Body to appoint an Agent or Agents to repair immediately to Philadelphia with full powers and Instructions to confer with the said Committee on the Matters aforesaid and on behalf of the said People to agree upon and ratify terms and Articles of Union and Confederation with the United States of America, in case they shall be admitted into the Union, and the said Committee are hereby instructed to give Notice to the Agents of the States of New Hampshire and New York to be present at the Conference aforesaid."
And on the 8th. day of said August a Committee was accordingly appointed, who afterwards had a conference with Jonas Fay, Ira Allen and Bezaleel Woodward Agents appointed by the Authority of the People Inhabiting the said Territory called the New Hampshire Grants to repair to Congress and to propose and receive from them terms of a Union with the United States.
That the Committee appointed as aforesaid having made their report to Congress on the 20th. day of August 1781, came to the following resolution. "It being the fixed purpose of Congress to adhere to the Guarantee to the States of New Hampshire and New York contained in the resolutions of the 7th. instant.
Resolved, That it be an indispensible preliminary to the recognition of the Independence of the people inhabiting the Territory called Vermont and their admission into the foederal Union that they explicitly relinquish all demands of lands or Jurisdiction on the East Side of the West Bank of Connecticut River and on the West side of a line beginning at the Northwest Corner of the State of Massachusetts, thence running twenty Miles East of Hudson's River so far as the said River runs North Easterly in its General course, then by the West Bounds of the Townships granted by the late Government of New Hampshire, to the River running from South Bay to Lake Champlain, thence along the sd. River to Lake Champlain, thence along the waters of Lake Champlain to the Latitude of forty five degrees North excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain" which resolution was agreed to by nine States.
That on 19th. of October, 1781, The Assembly of Vermont taking into their Consideration the aforesaid Act of Congress, Resolved that
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they could not comply with it without destroying the harmony then subsisting in that State and a violation of a solemn compact entered into by articles of union, &c., as appears on the Journal of Congress of the 4th. of April, 1782.
That afterward, on the 22nd. day of February, 1782, the people inhabiting the said Territory called Vermont by their Representatives in General Assembly, in compliance with the aforesaid Act of Congress then remaining unaltered and unrepealed, came to the following resolutions, to wit
"Resolved, That the West Bank of Connecticut River and a line beginning at the North West Corner of the Commonwealth of Massachusetts from thence Northward twenty Miles East of Hudsons River as specified in the Resolutions of Congress in August last shall be considered at the East and West Boundaries of this State, and that this Assembly do hereby relinquish all claims and demands to, and Jurisdiction in and over any and every District of Territory without said Boundary lines."
And afterward in said month of Feby 1782, the said General Assembly appointed, Moses Robinson, Paul Spooner, Isaac Tichenor and Jonas Fay Esqrs. Agents with plenary powers on behalf of the people of the said District to negotiate and agree on terms for their admission into Confederation with these United States, and upon such admission to represent the said State of Vermont in Congress, and it being now represented by the State of New York, that great danger and distress will arise from a further delay of the decision of the said Controversy, and the people of Vermont having complied as aforesaid with the terms prescribed by Congress as a preliminary to the recognition of their Independence. Your Committee submit the following resolves:
Resolved, That the District of Territory lying on the west side of Connecticut River called Vermont within the limits and boundaries described in the Act of Congress of the 20th of August, 1781, and the people inhabiting the same be, and they are hereby recognized and declared to be a free Sovereign and Independent State by the name of the State of Vermont.
That the said State of Vermont being within the limits of the United States shall be considered as a part of the Confederacy, on the same principles as the new States who shall have established permanent Governments agreably to the Act of Congress of the 23 day of
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April last, until it shall accede to the Articles of Confederation and be admitted into the Foederal Union of the States.
Resolved, That Congress adhere to the Guarantee to the States of New Hampshire and New York agreeably to the resolutions of the 7th and 20th days of August, 1781, and if it shall appear on running the line between the States of New York and Vermont that the latter hath made any Encroachments on the Territory of the former the same shall be immediately removed.
Your Committee further report with respect to the matters alledged by the Delegates of New York concerning the sufferings of Individuals by banishment and Confiscation of property and the disorders and violences that have happened in consequence of the opposite and interfering Jurisdictions exercised by the State of New York and the Government of Vermont over the same persons within the said Districts,
That the several letters and papers from the Governor of New York and the people of Vermont relative to those matters have been heretofore committed and no report hath been made thereon. Your Committee are therefore of opinion, That if Congress shall judge it expedient to take any further order respecting these matters it will be proper again to commit the said papers.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 40, II, folios 469, 473. The indorsement states that it was read on this day.]
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