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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 --TUESDAY, MAY 11, 1784.
Congress assembled: Present, eleven states as yesterday.
A motion was made by Mr. [Arthur] Lee seconded by Mr. [Thomas] Stone,
That the Superint. of Finance furnish the Honble Thomas Jefferson with an Advance of one Quarter's Salary and that he make Provision in Europe for an Advance of the second Quarter's Salary at the end of the first Quarter.
Resolved, That the said motion be referred to the Superintendant of Finance to take Order.1
[Note 1: 1 This motion and resolve were entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.]
On motion of Mr. [Thomas] Stone, seconded by Mr. [Jacob] Read,
Resolved, That the agent of marine provide suitable accommodations for Mr. Jefferson's passage to Europe.
On motion of Mr. [John] Beatty, seconded by Mr. [David] Howell,
Resolved, That the information communicated to Congress by the governor of the State of New Jersey, in consequence of their act of the 6th of January last, as the result of his enquiry respecting the robbery of the post office at Princeton, is satisfactory, and exculpates Mr. Harrison, the postmaster at Princeton, from every suspicion of collusion or fraud.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson,
Resolved, That a secretary to the commission for negotiating commercial treaties be appointed, and that tomorrow be assigned for that purpose.
A motion was then made by Mr. [Roger] Sherman, seconded by Mr. [David] Howell,
That from and after the first day of August next, the salary of a secretary to any minister or ministers plenipotentiary
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to reside in a Foreign Court to a commission or embassy to a foreign court, or for negotiating treaties with foreign powers, shall not exceed three thousand dollars per annum.1
[Note 1: 1 This motion, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 36, II, folio 325.]
A motion was made by Mr. [Richard Dobbs] Spaight, seconded by Mr. [Jacob] Read, to amend by inserting "five hundred" after "three thousand:" And on the question to agree to this amendment, the yeas and nays being required by Mr. [David] Howell,
{table}
So the question was lost.
On the question to agree to the motion, the yeas and nays being required by Mr. [David] Howell,
Resolved in the affirmative, every member answering ay.2
[Note 2: 2 Beginning with Mr. Gerry's motion, the proceedings to this point were entered in both the Public Journal and the Secret Journal, Foreign Affairs. From this point to the end of the day, they were entered only in the Secret Journal, Foreign Affairs, in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.]
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Congress resumed the consideration of the report of the committee on the letters from the ministers of the United States in Europe; and on the question to agree to the following paragraph:
"That the said ministers be instructed to notify to the powers with whom they may negotiate, the great value at which these United States will esteem their friendship and connection, and that it will be their constant endeavour to promote a good understanding and harmony with them, and to prevent every thing which might interrupt it by every means in their power; but that the heavy debt which they have contracted during the late war has rendered it inconvenient at present for them to keep ministers resident at the courts of Europe, and they hope that this deviation from the practice of friendly nations may be ascribed to its true cause, and not to any want of respect to their friends, or of attachment to treaties, to the faithful observance of which they shall at all times pay the most earnest attention"--
The yeas and nays being required by Mr. [Hugh] Williamson--
{table}
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So the question was lost.
Resolved, That the paragraph "That Consuls beappointed at the ports ofand Consuls General be established at"be postponed till Saturday next.
The rest of the report being amended, was agreed to as follows:
Resolved, That our said ministers to be Commissioned for treating with foreign nations, be referred to the instructions of the thirtieth day of May, 1783, relative to British debts, the objects of which they are hereby directed to urge with perseverance.
That they require with firmness and decision, full satisfaction for all slaves and other property belonging to citizens of these states taken and carried away in violation of the preliminary and definitive articles of peace; and to enable them to do this on precise grounds, Congress will furnish them with necessary facts and documents.
Resolved, That Doctor Franklin be desired to notify to the Apostolical Nuncio at Versailles, that Congress will always be pleased to testify their respect to his sovereign and state; but that the subject of his application to Doctor Franklin, being purely spiritual, it is without the jurisdiction and powers of Congress, who have no authority to permit or refuse it, these powers being reserved to the several states individually.
That Doctor Franklin be instructed to express to the Court of France the constant desire of Congress to meet
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their wishes; that these states are about to form a general system of commerce by treaties with other nations; that at this time we cannot foresee what claims might be given to those nations by the explanatory propositions from the Count de Vergennes on the 2d and 3d articles of our treaty of Amity and Commerce with his most Christian Majesty; but that he may be assured it will be our constant care to place no people on more advantageous ground than the subjects of his Majesty.
Resolved, That the papers containing the claim of the five Fosters, Brothers, for the prize of their vessel, the Three Friends, made by Captain Landais, of the Alliance frigate, which papers were communicated by the Count de Vergennes to Doctor Franklin, to the end that he might apply to Congress for an indemnification of the said Fosters, be remitted to the said ministers with a copy of the fourth clause of the instructions to them, of October 29th, 1783, and the following extract from Doctor Franklin's letter of July 22, 1783, to the Secretary for Foreign Affairs, viz. "Mr. Barclay has in his hands the affair of the Alliance and Bon Homme Richard. I will afford him all the assistance in my power; but it is a very perplexed business. That expedition, though for particular reasons under American commissions and colours, was carried on at the King's expense, and under his orders. Mr. de Chaumont was the agent appointed by the Minister of Marine to make the outfit. He was also chosen by all the captains of the squadron, as appears by an instrument under their hands, to be their agent, receive, sell and divide prizes, &c. The Crown bought two of them at public sale; and the money I understand
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is lodged in the hands of a responsible person at L'Orient. Mr. de Chaumont says he has given in his accounts to the marine, and that he has no more to do with the affair, except to receive a balance due to him. That account, however, is I believe unsettled; and the absence of some of the captains is said to make another difficulty, which retards the completion of the business. I never paid nor received any thing relating to that expedition, nor had any other concern in it than barely ordering the Alliance to join the squadron at Mr. de Sartine's request."--From which extract there is reason to believe, the United States of America had no concern in the expedition; but that it was carried on wholly under the authority and for the advantage of his Most Christian Majesty. That if this fact should not be so apparent as to give full satisfaction to his Majesty's ministers, they then take such measures as in their discretion shall be thought most conducive to an amicable and equitable adjustment thereof, on the best evidence they shall be able to procure.
Resolved, That the claim of the Sieur Bayard against these United States, for the sum of two hundred and fifty-five thousand two hundred and thirty-six dollars, Continental money, is not founded in justice, from the circumstances of the case as stated by himself, which are, that a vessel and cargo in which he was interested, sailing in May, 1779, from Charlestown for France, was taken by an English armed vessel, and retaken by an American frigate called the Boston; that she was carried to Boston, and there sold as French property by Mr. de Valnais, consul for France at that port; that he unfaithfully and irregularly, as is suggested, endeavoured to have the whole adjudged to the recaptors, but that
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the sentence was, that they were only entitled to one eighth, and the Sieur Bayard's correspondents obliged Mr. de Valnais to deposit with the consul of France in Philadelphia, two hundred and fifty-five thousand two hundred and thirty-six dollars, Continental money, in part of the proceeds, with a reserve to the Sieur Bayard, against Mr. de Valnais, of every right of redress for his irregular conduct; that no injurious intermeddling by the United States or any of them, or by any of their citizens, is here complained of; that the money was constantly in the hands of the Sieur Bayard's correspondents, or of the consul of his nation; that he may indeed have suffered by its depreciation, as many others have suffered, both foreigners and citizens, but the latter in a much higher degree than the former; that this depreciation was not effected by any arbitrary change by Congress in the value or denomination of the money (which yet has been frequently practised by European states, who never have thought themselves bound to make good the losses thereby incurred either by their own citizens, or by foreigners) but ensued against the will and the unremitting endeavours of Congress; that in this case too it might have been lessened, if not prevented, by investing the money immediately in gold and silver, or in other commodities: Congress are therefore of opinion, that these states are not bound to make good the loss by depreciation.
That as to the residue of the claims of the Sieur Bayard, if founded in truth and right, they lie only against the State of Georgia, to the governor of which Congress will transmit copies of the papers, expressing at the same time our confidence that that state will cause to be done in it what justice and the respect due
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between friendly nations require, and that the Sieur Bayard be referred to them.
Resolved, That the friendly services rendered by the Sieur John Baptist Pequet, agent for the French nation at Lisbon, to great numbers of American sailors carried prisoners into that port during the late war, and his sufferings on that account, merit the sincere acknowledgments of Congress; and that it be referred to the said ministers to deliver him these in honourable terms, and to make him such gratification as may indemnify his losses and properly reward his zeal.
On the report of a committee to whom was referred a motion of the delegates of North Carolina relative to the schooner Nancy, Captain Gladden, of the said state,
Resolved, That the papers relating to the detention of the schooner Nancy, Captain Gladden, belonging to citizens of the United States residing in North Carolina, be transmitted to our ministers for negotiating with the Court of Great Britain treaties with foreign powers; and that they be instructed to make enquiry 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.1
[Note 1: 1 This resolution, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 28, folio 177a.]
Resolved, That the form of the commission to the ministers for negotiating treaties of Amity and Commerce, or of Amity, be as follows:
The United States in Congress assembled--To all to whom these presents shall come, or be made known, send greeting.
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Whereas an intercourse betweenand the citizens of the United States of America, founded on the principles of equality, reciprocity and friendship, may be of mutual advantage to both nations--Now therefore know ye, that we, reposing special trust and confidence in the integrity, prudence and ability of our trusty and beloved, the honourable John Adams, late one of our ministers plenipotentiary for negotiating a peace, and heretofore a delegate in Congress from the State of Massachusetts, and chief justice of the said State, the honourable Doctor Benjamin Franklin, our minister plenipotentiary at the Court of Versailles, and late another of our ministers plenipotentiary for negotiating a peace, and the honourable Thomas Jefferson, a delegate in Congress from the State of Virginia, and late Governor of the said State, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint them, the said John Adams, Benjamin Franklin and Thomas Jefferson, our ministers plenipotentiary, giving to them, or a majority of them, full power and authority for us, and in our name, to confer, treat and negotiate with the ambassador, minister or commissionerof vested with full and sufficient powers of and concerning (a treaty of amity, or a treaty of amity and commerce, as the case may be) to make and receive propositions for such treaty, and to conclude and sign the same, transmitting it to the United States in Congress assembled for their final ratification. This commission to continue in force for a term not exceeding two years from the date hereof.
In testimony whereof we have caused the seal of the United States to be hereunto affixed. Witness his Excellency Thomas Mifflin, President, this twelfth day of May, in the year of our Lord,
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one thousand seven hundred and eighty-four, and of the sovereignty and independence of the United States of America, the eighth.
The Committee of the week [Mr. David Howell, Mr. James Monroe and Mr. Abiel Foster] to whom was referred a letter dated Lancaster County the 30th day of April Ult. and signed Henry Dulhire, Deputy of the European Menonist--praying for the preemption of a district of territory on the River Ohio in behalf of said society submit the following Report:
Resolved, That the Secretary of Congress acknowledge the receipt of said letter, and inform Mr H. Dulhire, that an ordinance for the establishment of a Land office now under the consideration of Congress will soon be cornpleated and make known the terms on which the lands of the U. S. may be obtained.1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 32, folio 547. It is undated, but doubtless belongs to this period.]
The Committee of the week [Mr. David Howell, Mr. James Monroe and Mr. Abiel Foster] on the letter dated Philadelphia the 6th inst. and signed Richard Humpton, praying Congress to secure the payment of the interest of the ballances due to Messrs. Marcellan and Le Roy two Lieutenants in the late Pennsylvania Line in the same manner as the payment of such interest has been secured in favor of other foreign officers,
Beg leave to report that said letter be referred to the Comte. to whom was referred the application of said Marcellan and Le Roy.2
[Note 2: 2 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 32, folio 553. The indorsement states that it was read on this day.
Also a letter of May 6 from the Superintendent of Finance. It is in No. 137, III, folio 615.
Also, another letter of May 6 from the Superintendent of Finance. It is in No. 137, III, folio 619.
Also, another letter of May 6 from the Superintendent of Finance which was referred to Mr. [Hugh] Williamson, Mr. [Thomas] Stone and Mr. [Roger] Sherman. It is on folio 627. Committee Book, No. 186, says a report was made on May 24.
Also, a letter of May 7 from John Pierce, Paymaster General. It is in No, 62, folio 17. It was referred to Mr. [Hugh] Williamson, Mr. [Thomas] Stone and Mr. [Roger] Sherman. Committee Book, No. 186, states that they reported May 28.]
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