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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 --THURSDAY, JULY 29, 1784.
The Committee of the States assembled: Present, nine states as yesterday.
The committee, consisting of Mr. [Francis] Dana, Mr. [Jeremiah Townley] Chase and Mr. [Jacob] Read, to whom was referred a motion of Mr. [Elbridge] Gerry, respecting a substitute for Mediterranean passes, reported the draft of an ordinance, which was read a first time.
An ordinance substituting an Instrument in lieu of the Mediterranean pass untill Treaties shall be entered into by the United States of America with the Emperor of Morocco and the other Princes and Powers on the Coasts of Barbary and establishing certain regulations relative thereto.
Be it ordained by the United States of America in the Committee of the States assembled, That untill Treaties shall be entered into by the United States of America, with the Emperor of Morocco, and the other Princes and Powers on the Coast of Barbary, and regulations shall be agreed upon touching Mediterranean Passes, for vessels owned by Citizens of these United States, Instruments to be signed by the President of Congress, sealed with our great seal and attested by the Secretary of Congress, shall be made out in the following form viz:
By the United States of America in Congress assembled.
Be it known to the most high, illustrious, and puissant Emperor of Morocco and to the great, high and honorable Regents and Princes of Algeirs, Tunis, and Tripoli, and to their officers, Ministers and Subjects, and to all persons who may see these Presents.
That thecalled theburthen aboutTons navigated byMen and commanded byis the property ofCitizens of the United States of America and of none other. And that the saidCommander of the said Vessel and the Officers and Mariners thereto belonging are also Citizens of the United States of America and have permission from us to carry on trade and Commerce, to all Kingdoms, States, and Countries whatever, the said Commander and his Officers and Crew conforming and paying due obedience to the Laws, Regulations and Customs of the Kingdom, State or Country, into which they may come.
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We do therefore request the said Emperor, Regents and Princes, their respective Ministers, Officers and Subjects, that the saidwith his Vessel may be permitted freely to pass, and to enter the ports and harbours; that full protection be there given to the said Commander his Officers and Crew, and to the Vessel and property under his care; and that he be admitted to carry on Trade and Commerce upon the terms usual with Nations and People in Amity with each other, and desirous of promoting reciprocal Commerce and advantages. And we do further request the said Emperor, Regents or Princes that the said Commander, her Officers and Crew be permitted to navigate the said Vessel freely on the High Seas, and to pass whithersoever the said Commander shall think fit in prosecution of his voyage and lawful Business, without any arrest or seizure of their Persons, the said Vessel or property on board her, or any her molestation whatever, on the part of any of the Officers or Subjects of the said Emperor, Regents or Princes.
WitnessPresident.
[We do therefore request the said Emperor Regents and Princes, and pray them to instruct their Ministers, Officers and others whom it may concern, that the saidwith his said vessel, manned as aforementioned, may be permitted without arrest, seizure or any other molestation, interruption or delay, freely to navigate both within and without the Straits of Gibraltar on the Atlantic Ocean and Mediterranean or other seas wheresoever the said Commander shall think fit in prosecution of his voyage and lawful business; And also to enter their respective ports and barbours and to carry on trade and commerce upon terms usual with Nations and People at amity with each other and desirous to promote reciprocal advantages, offering on our part the like good usage to the subjects of the said Emperor, Regents and Princes when and as often as occasion may offer.
Given under the hand of our President and the Great Seal of the United States of America theday ofin the year of our Lord one thousand seven hundred and eightyand in theyear of our Sovereignty and Independence.]
Be it further ordained that a sufficient number of such Instruments shall be printed with the foregoing blanks therein, and be signed, sealed and attested as aforesaid, and sent to the Governor,
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President or other Supreme Executive Magistrate for the time being, of each of the United States, who, upon application therefor being made to him by any Citizen of these United States being Owner in part, or in whole, of any vessel bound to Sea, or by the Master thereof, may fill up or cause to be filled up the remaining blanks, as the nature of the case shall require and deliver the same Instrument to the person applying for it. Provided always that the same Instrument shall not be delivered to any person applying for the same until it shall have been made to appear by a Register of the same vessel duly sworn to and authenticated that she is the property of one or more Citizens of these United States and that no foreigner hath directly or indirectly any share or interest in the same vessel; nor until the same person shall have entered into a bond with a sufficient surety or sureties in the Penal sum ofdollars payable to the Governor, President or other Supreme Executive Magistrate delivering the Instrument and to his Successors with condition thereunder written to return the same Instrument to the Supreme Executive Magistrate of that State for the time being, withinmonths from the date of such Bond, saving always the loss or destruction thereof by the capture or perishing at Sea of the same Vessel or by other unavoidable accident.
And be it further ordained that whenever the said Instrument shall be granted by the Govr. Presdt. or other Supreme Executive Magistrate of any state in pursuance of this ordinance that he be and he hereby is requested to make the following Certificate thereupon, under the Seal of the State and that he cause the same to be attested by the Secretary thereof.
State of
In pursuance of an Ordinance of the United States of America in a Committee of the States assembled on theday ofA. D. 1784, I do hereby certify that upon application to me made for that purpose byOwner (or one of the Owners or Master as the case may be) of the vessel within named, and a Citizen of the said United States, I have granted and delivered irate him the within Passport or Instrument, he having first made it to appear to me by the Register of the same Vessel duely sworn to and authenticated, that she is the property of himself (or of) Citizen of the said United States, and that no Foreigner hath directly or indirectly any share or interest therein; and having also entered
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into a Bond with sufficient surety agreably to Ordinance duly complied with the conditions by the said Ordinance required.
Given under my Hand and the Seal of the said State thisDay ofA. D. 178-- and in theYear of the Independence of the United States of America.
Attest:
Secy.
Done by the United States of America in the Committee of the States assembled, at Annapolis thisday ofin the Year of our Lord one thousand seven hundred and eightyand in theYear of our Independence.1
[Note 1: 1 This report, in the writing of Francis Dana, except the part in brackets, which is in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 32, folios 111--122.]
Ordered, that it be read a second time. And the first paragraph being under debate,
A motion was made by Mr. Dana, seconded by Mr. Blanchard, that the further consideration of the ordinance be postponed; which was agreed to.
A motion was then made by Mr. Dana, seconded by Mr. Blanchard, in the words following, viz.
"Whereas Congress do stand adjourned to the 30th day of October next, then to meet at Trenton, in the state of New Jersey; and as it is proper that the public records and papers, now remaining in their office in this city, should be removed from hence to Trenton, and that offices should be prepared for their reception, and the whole be arranged before the meeting of Congress, which will require considerable time to effect: And as it is also expedient for the Committee of the States to be prepared to meet Congress in that place, and as there is not at present any business before the Committee of the States which require their immediate attention, and taking into consideration the approaching unhealthy season which may not be seasonably finished, it is probable a more convenient opportunity may not present itself, for their
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adjourning without injury to the public, and for carrying into effect the removal of the public records and papers, and arranging the same against the next meeting of Congress, which is indispensably necessary to be done; therefore,
Resolved, That on the second 4th day of August next, the Committee of the States shall stand adjourned to meet at Trenton, in the state of New Jersey, on the first second Monday in September next; and that the chairman be, and he hereby is authorised and directed to adjourn the Committee of the States, on the said second 4th day of August next, to meet at Trenton, on the said first second Monday of September next, for the dispatch of business.
Resolved, That the Secretary of Congress, take order for the removal and arrangement of the public records and papers as above mentioned, as soon after the adjournment of the Committee of the States from this city to Trenton, as may be; so that the whole may be in order by the day of their meeting there.1
[Note 1: 1 This motion, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 32, folio 57.
According to the indorsement a letter of July 28 from Charles Thomson was read. It is in the Papers of the Continental Congress, No. 49, folio 265.]
On the question to agree to this, the yeas and nays being required by Mr. Dana,
So the question was lost.
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