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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, JULY 26, 1784.
The Committee of the States assembled: Present New Hampshire, Massachusetts, New Jersey, Pensylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia;
[Motion of Mr. Jacob Read seconded by Mr. Richard Dobbs Spaight.]
Philadelphia, July 23, 1784.
Sir,
Genl. Butler and Mr. Lee, two of the Commissioners for negotiating with the Indians inform me that neither of them have got the original commission which was last issued, nor do they know to whom it was sent.
And as during the negotiations it is probable that the Commissioners may be separated, they think it proper and best that each commissioner be furnished with an authentic copy. I beg leave therefore to propose that the honble. committee of the States pass the following order.
On motion Ordered, That an exemplification of the commission granted by the United States in Congress assembled, to the commissioners for negotiating with the Indians, and of the resolution empowering any two of them being a majority of those present to do the business of the commission, be made out and delivered to each of the said Commissioners under the seal of the United States.
This will supply the want of the original Commission and answer the wishes of the commissioners, without waiting for the signature of the President who is gone to Black Point and whose return is uncertain.
With great Respect
I have the honor to be Sir
Your mostt. obed and most humble Servt.
Chas. Thomson
Honble. S. Hardy.1
[Note 1: 1 This letter, in the writing of Charles Thompson, is in the Papers of the Continental Congress, No. 32, folio 45.]
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On the report of a committee, consisting of Mr. [Edward] Hand, Mr. [Richard Dobbs] Spaight and Mr. [William] Houston, to whom was referred part of a report of Mr. [Hugh] Williamson, Mr. [Arthur] Lee and Mr. [Elbridge] Gerry, on letters from the Superintendant of Finance and the Honble B. Huntington:
Whereas there is reason to apprehend there are in different parts of the United States, articles of quartermasters', and military stores, cloathing, &c. the property of the United States, which have accidently fallen into the hands of private citizens, or remained in the possession of persons formerly, but not at present in office, of which the heads of the several staff departments have no account;
Resolved, That it be, and hereby is recommended to the executives of the several states, to call on the citizens of their respective states, to make returns forthwith of every species of public property which may be in their possession. And the said executives are requested to forward to Congress, or the committee of the states, a general return of such articles, the property of the United States, as they find to be in the possession of their citizens, or any of them, in which shall be specified the names and places of residence of the persons in whose possession they are.1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 32, folio 89.]
I have it in charge from the Committee of the States, appointed by Congress to sit during their recess, agreeably to the Confederation, to transmit to you a copy of a letter from Robert Totten to Oliver Pollock agent for the U. S. at the Havanna dated 27th. Feby. 1784, and of a letter from said Pollock to the Superintendent of Finance from the same place dated 16th. March following, submitted to Congress by him on the 13th. April last, as appear; by his note of that date a copy of which is inclosed.
These letters represent that an order of a very extraordinary nature (and which the Committee of the States cannot reconcile
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with that decency and respect which one sovereign power owes to another with which it is in amity) has been issued by the Governor at the Havanna and that in consequence thereof, the above named Robt. Totten as a citizen of these U. S. without having been charged with any previous crime, has been abruptly arrested by an armed force, thrust into a prison among malefactors and otherwise ill treated.
The Committee of the States cannot allow themselves to believe that such measures have been authorised by the Court of Spain, of whose friendly disposition a striking proof has lately been given of which towards the U. States so many proofs have been given.
You will therefore make a proper representation to his Catholic Majesty's Ministers of the outrage complained of and express to them his said Majesty that the Committee of the States do not entertain a doubt but that a satisfactory explanation will be had and ample satisfaction given to the parties if it shall appear that they have been injured, and that orders will be issued to prevent in future any violences or injuries to such of the citizens of these U. S. as may happen to be thrown by stress of weather or otherwise into to be within any port of his Cath: Majesty's Dominions, it being the earnest and sincere wish of the U. S. to preserve inviolate that harmony which at present subsists between the two nations.1
[Note 1: 1 This draft, in the writing of William Houstoun [?], is in the Papers of the Continental Congress, No. 32, folio 97. According to the indorsement it was read this day. See Post July 28.]
On the report of a committee on letter from R. Totten and O. Pollock, the following letter to be written to W. Carmichael:
Annapolis, July 26, 1784.
Sir,
I have it in charge from the Committee of the States appointed by Congress to sit during their recess agreeably to the Confederation to transmit to you a copy of a letter from Robert Totten to Oliver Pollock, agent for the United States at the Havannah, dated 27 Feby. 1784, and a letter from said O. Pollock to the Superintendant of finance dated March 16 following, submitted to Congress by him on the 13 April last.
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These letters represent that an order of a very extraordinary nature (and which the committee of the S[tates] cannot reconcile with that decency and respect which one sovereign power owes to another with which it is in amity) has been issued by the Governor of the Havanna, and that in consequence thereof the above named Robert Totten, as a citizen of these U. S., without having been charged with any crime, has been abruptly arrested by an armed force, thrust into a prison among malefactors and otherwise ill-treated.
The committee of the S. cannot allow themselves to believe that such measures have been authorised by the Court of Spain, of whose friendly disposition towards the U. S. so many proofs have been given. You will, therefore, make a proper representation to his Catholic Majesty's ministers of the outrage complained of, and express to them that the committee of the S. do not entertain a doubt but that satisfactory explanations will be had and ample satisfaction given to the parties, if it shall appear that they have been injured, and that orders will be issued to prevent in future any violence or injuries to such of the citizens of these U. S. as may happen to be within any part of his Catholic Majesty's dominions--it being the earnest and sincere wish of the U. S. to preserve inviolate that harmony which at present subsists between the two nations.
I have the honor to be, with every sentiment of respect,
Sir, your most ob. hum. Serv.
S. Hardy, Chairman of the Committee of the States.
The honble W. Carmichael, Esq.1
[Note 1: 1 The above letter and order are found only in Thomson's copy of the proceeedings. The letter, however, was not agreed to until July 28. Its insertion here was an inadvertence by Thomson.]
On motion of Mr. [Jacob] Read, seconded by Mr. [Edward] Hand,
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Ordered, That the Superintendant of the finances of the U. S. do inform Mr. O. Pollock, agent for the U. S. at the port of Havanna in the island of Cuba, that the Committee of the S. have seen and deliberated on his letter of the 16 March, 1784, to the Superintendant of finance, and have taken such steps as have been judged necessary on the subject contained in the said letter and paper accompanying the same.
Referred to the Superintendant of finance.
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