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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, MAY 31, 1784.
Congress assembled: Present as before.
The Journal of Saturday being read, a motion was made by Mr. [John Francis] Mercer, seconded by Mr. [Samuel] Hardy, to amend the same, by inserting immediately before the appointment of the Committee of the states, the words following, to come in before the word "Congress."
"The several states having previously made their nominations except in the case of Rhode Island."
On this the previous question was moved by the State of Rhode Island, seconded by the State of Massachusetts:
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And on the question to agree to the previous question, the yeas and nays being required by Mr. [John Francis] Mercer,
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So the question was lost.
A motion was then made by Mr. [David] Howell, seconded by Mr. [Jonathan] Blanchard, to postpone the motion before the house, in order to take up the following:
"Mr. Blanchard having been previously nominated by the State of New Hampshire, Mr. Dana by Massachusetts, Mr. Ellery by Mr. Dana, Mr. Hillhouse having been nominated by Connecticut, Mr. McDougall by the State of New York, Mr. Dick by New Jersey, Mr. Hand by Pensylvania, Mr. McHenry by Maryland, Mr. Hardy by Virginia, Mr. Spaight by North Carolina, and Mr. Read by South Carolina; Mr. De Witt having been also nominated for New York by Mr. Beatty, and Mr. Sherman for Connecticut by
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Mr. Williamson:"1 And on the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [David] Howell,
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, IV, folio 570.]
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So the question was lost.
On the question to agree to the motion before the house, the yeas and nays being required by Mr. [John Francis] Mercer,
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So it passed in the negative.
The committee, consisting of Mr. [Thomas] Stone, Mr. [Edward] Hand, Mr. [Jacob] Read, Mr. [John Francis] Mercer and Mr. [John] Beatty, to whom was referred the application of the State of New York, for Congress to declare the number of troops which are necessary to be kept up by the said State, to garrison the forts necessary for the defence thereof, having reported "as their Opinion, thatmen, including non-commissioned Officers, will be requisite to garrison the forts necessary for the defence of the said State;" and thereupon submitted the following resolution: "That the State of New York be permitted to raisemen, including non-commissioned Officers, for the purpose of garrisoning such posts within the said State not possessed by the forces of the United States, as the said State shall judge proper; which troops so to be raised by the State of New York, shall be discharged whenever the United States in Congress assembled, shall so direct."1
[Note 1: 1 This report, in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 20, I, folio 401.]
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A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Jacob] Read, that to-morrow be assigned for the consideration of the said report.
And on the question, the yeas and nays being required by Mr. [Jacob] Read,
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So it was resolved in the affirmative.
The Committee consisting of Mr [Edward] Hand, Mr [Samuel] Hardy and Mr [James] Monroe to whom was referred a Motion of Mr [Elbridge] Gerry, beg leave to report the following resolutions.
Resolved, That the Secretary at War or Officer having the direction of the War Office be and he is hereby authorized and directed to take effectual measures for having the arms of the United States, repaired and for keeping them in a state of preservation.
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Resolved, That the Superintendant of Finance be and he hereby is directed to furnish the money which may from time to time be necessary to carry the foregoing resolution into effect.1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 27, folio 269. It is undated, but Committee Book, No 186, gives it this date.]
[Motion of Mr. Dana, Mr. Gerry. Referred to Mr. Edward Hand, Mr. Samuel Hardy, Mr. James Monroe.]
Whereas the United States in Congress Assembled did on the 15th. day of February, 1781, instruct the Honble. John Jay, Esquire, Minister Plenipotentiary to the Court of Spain, to recede from the instructions given to him on the 29th. of September 1779 and 4th. of October 1780 relative to the claim of the United States to the free navigation of the river Mississippi &c. "so far as they insist on the free navigation of that part of the river Mississippi which lies below the 31st. degree of North latitude and on a free port or ports below the same, provided such cession shall be unalterably insisted on by Spain, and provided the free navigation of the said river above the said degree of North latitude shall be acknowledged and guarantied by his Catholic Majesty to the Citizens of the United States in common with his own subjects," and ordered him at the same time to "exert every possible effort to obtain from his Catholic Majesty the use of the river aforesaid with a free port or ports below the said 31st. degree of North latitude for the citizens of the United States under such regulations and restrictions only as may be a necessary safeguard against illicit commerce."
And whereas the instructions given to the said Minister Plenipotentiary, on the 7th. day of August 1782 may not be considered as a plenary revocation of the instructions given to him on the 15th. day of February 1781 and there is reason to think that the last mentioned instructions came to the knowledge of the Minister of Spain previously to the reception of them by Mr. Jay, and it is of the utmost importance to the interest of the United States that the citizens thereof should enjoy the free navigation of the said river Mississippi.
Therefore Resolved, That the Ministers Plenipotentiary to negotiate Commercial treaties &c. with foreign powers be instructed in any negotiations they may enter upon with the Court of Spain to assert in the strongest terms the right of the citizens of these United States
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to the free navigation of the river Mississippi from its source to the Ocean, and not to cede the said right in any event whatsoever.1
[Note 1: 1 This motion, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 36, II, folio 405. By the indorsement, it was dated this day. It does not appear that the Committee reported.
On this day, the indorsement states, was read a petition of Nathan Fuller and referred to Mr. [Edward] Hand, Mr. [Sanuel] Hardy and Mr. [James] Monroe. It is in No. 42, III, folio 111. The indorsement continues: "May 3d 1786 referred to Commissioner of Army accts. to report. Reported May 24th 1786."]
The Committee of the week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Reed] report,
That the memorial of Adam Hoops late an officer in the Continental service praying to be appointed a surveyor in a district in the western territory, when Congress shall be ready to make such appointments accompanyed by a certificate from Dr. Ewing and Mr. Patterson of the University of Pennsylvania be lodged on the files of Congress.2
[Note 2: 2 This report, in the writing of Jacob Read is in the Papers of the Continental Congress, No. 32, folio 569. It is undated, but was delivered by this committee, this week. Hoops's memorial, dated May 31, was read in Congress that day. It is in No. 41, IV, folio 224. It was ordered filed.]
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