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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 23, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, and South Carolina; and from the state of Rhode Island, Mr. [William] Ellery; from New York, Mr. [Melancton] Smith; from North Carolina, Mr. [Richard Dobbs] Spaight, and from Georgia, Mr. [William] Houstoun.
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On motion of Mr. [James] Monroe, seconded by Mr. [William] Grayson,
Resolved, That the recommendation to the state of North Carolina be reconsidered, so far as to insert, "The state of New York, the Commonwealth of Virginia and," between the words "As" and "the Commonwealth of Massachusetts."
The recommendation being amended. was agreed to as follows:
As the State of New York, the Commonwealth of Virginia and the Commonwealth of Massachusetts, have each made a cession of Western territory to the United States, and Congress are ever disposed to attend to the reasonable expectations of each of the States in the Union, touching their public services and expences,
Resolved, That it be, and it is hereby recommended to the state of North Carolina, to reconsider the principles of magnanimity and justice, that induced the passing of their Act of 2d of June, 1784, and evince the operation of the same good sentiments by repealing their act of 20th day of November, 1784, and directing their delegates in Congress to furnish a new proof of their liberality, in the execution of a deed to the United States of the territory ceded by the act of the 2d of June aforesaid.
The Delegates for Massachusetts, in pursuance of Instructions from their Constituents, moved as follows:
The Commonwealth of Massachusetts having instructed their delegates in Congress as follows: "The United States of America having formed by the wisdom of their councils and established by their exertions a federal Union, which is no less necessary to the freedom of each, than important to the independence of all the states, every measure ought to be adopted and vigorously executed, which can have a tendency to perpetuate an institution that reflects so much honor upon human nature, and so strongly points the world to the true political felicity of mankind. But whatever marks of wisdom and perfection appear upon the face of this System, it cannot
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be expected that provision is made against every species of corruption, which ambition and avarice may attempt to introduce for the subversion of it; and therefore in the early age of our national existence, the United States in Congress assembled, will doubtless form such resolutions and establish such principles, as will have a tendency to prevent designing men, in future ages, from sapping the foundation of our federal Union. The World cannot but admire that prudence and wisdom, which by providing for a rotation of members in Congress, fixed one important barrier against corruption, but the legislature of this Commonwealth observe with concern and regret, that no pro vision is made to prevent the members of Congress from appointing themselves to offices; and it requires no very great share of sagacity to foresee, that unless this point is more effectually guarded, the offices of the federal government may hereafter be filled with men who will not be most capable of serving the people, or the most remarkable for their integrity, and that some persons forsaking the true interest of their country, will take corrupt measures to become members of Congress, with a view to possess themselves of lucrative employments, whereby offices in themselves unnecessary may be created and multiplied, and the injured fabric of our federal government be overthrown by the same means that have been employed in prostrating those ancient republics, which are seen no more but in the pages of history. The legislature of this Commonwealth, therefore, instruct you, Gentlemen, to endeavour to procure a resolution of Congress, enacting that no member of Congress shall be appointed to any office under the states during the term for which he shall have been elected." The delegates of the Commonwealth of Massachusetts, in Obedience to the aforesaid instructions, moved that it be Resolved, That the election and acceptance of any person as a member of Congress, shall for ever hereafter be deemed to incapacitate and disqualify such person, from being elected by the United States in Congress assembled, to any office of trust or profit, under the said states, during the term for which he shall have been so elected a member of Congress.1
[Note 1: 1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress No. 20. I, folio 185.]
A motion was made by Mr. [Richard Dobbs] Spaight, seconded by Mr. [William] Houstoun, that the same be committed:
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and on the question for committing, the yeas and nays being required by Mr. [Rufus] King,
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So it was resolved in the affirmative.1
[Note 1: 1 See post, July 21.]
The board of treasury to whom was referred a letter of 17 March, 1785, from William Winder, Commissioner of Accounts for the State of Delaware, report,
That having maturely considered the embarrassments suggested in the said letter, they are of opinion, that they are effectually provided for in the resolutions of Congress, of the 20 February, 1782, and 3d of June, 1784, for that in all cases whatever, where the rule prescribed by Congress, of the 26 August, 1780, cannot with justice to individuals, or any degree of accuracy, be applied, the Commissioners are authorized to exercise a discretionary power in liquidating accounts on such principles as by the said resolutions are prescribed. They are further of opinion, that the applying any
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special rule for particular cases (except in points where theresolves of Congress have clearly made no provision) willoperate more injuriously than an adherence to the generalprinciples adopted by Congress.
Resolved, That Congress agree to the said report.1
[Note 1: 1 This report is dated May 12 and is in the Papers of the Continental Congress, No. 138, II, folio 561.
On this day, as the indorsement states, was read a letter of May 20 from Toussaint Lopes praying payment of his certificates. It is in the Papers of the Continental Congress, No. 78, XIV, folio 637, and is indorsed: "May 30th Request cannot be granted.
"On this day, according to the indorsement on the report of the Secretary at War, Stephen Sayre's project to make war ships "invincible," was referred to Mr. [William] Ellery, Mr. [William] Grayson and Mr. [James] Monroe. See ante, May 19.
Also on this day, according to the indorsement, was read a letter from the Secretary for Foreign Affairs, dated May 19, relating to the trade with Honduras and Campeachy. It was referred back to Jay for report. It is in No. 80, I, folio 177. Report was rendered June 23.
Also, according to Committee Book No. 190, John D. Mercier's letter of May 23 was this day referred to the Board of Treasury to report.]
The committee [consisting of Mr. Rufus King, Mr. David Howell and Mr. Charles Pinckney] to whom was referred a motion for the sale of the Frigate Alliance, Report
That the board of Treasury be and hereby are authoris'd and directed to sell for Specie or public securities at public or private Sale the Frigate Alliance with her Tackle and appurtenances, excepting her Guns and other military appointments which the Secretary at War is hereby directed to receive into his custody--the board of Treasury giving previous notice in case of public sale of the sale in the news papers of such states as they may judge proper.2
[Note 2: 2 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 28, folio 213. It was acted on June 3.
Also, on this day, according to indorsement, "the committee to whom was referred a motion for the regulation of the settlement of accounts with the U. S. in certain cases" rendered a report which was read. It was adopted verbatim September 9 and is there spread on the Journal.]
The Committee consisting of Mr. [William] Grayson, Mr. [Rufus] King, and Mr. [Charles] Pinckney to whom was referred a motion of Mr. [Charles] Pinckney, Report,
That upon appointments by information from the Secretary at War, upon they find that there are sixteen pieces of artillery of 18 and 5 of 24
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pounds, iron unmounted now lying at the head of Elk, and not in use, They therefore recommend1
[Note 1: 1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 20, II, folio 419. The recommendation, here omitted, was adopted verbatim on May 26, q. v.
May 23: The following committees were appointed: Of the Week: Mr. [David] Jackson, Mr. [William] Houstoun and Mr. [John] Kean.
Mr. [John] Lawrance, Mr. [William] Ellery and Mr. [Abiel] Foster, on the petition of Thomas Walcott. See ante, May 20. A report was rendered June 1. According to Committee Book No. 191, this report was recommitted June 3.
Mr. [William] Grayson, Mr. [Pierse] Long and Mr. [William] Ellery, on the memorial of Udney Hay touching the loss of vouchers. A report was made May 30. This was the committee to which Hay's memorial of May 16 was referred.
Mr. [John] Beatty, Mr. W[illiam] Henry and Mr. [Joseph Platt] Cook, on the letter of May 20 from George Morgan regarding the Indian youths under his care at Princeton. A report was made June 1.
Mr. [Rufus] King, Mr. [William Samuel] Johnson, Mr. [William] Grayson, Mr. [William] Ellery and Mr. [James] Monroe, on the instructions to delegates of Massachusetts and a motion of said delegates conformable thereto. Report was made July 21.
Mr. [William] Ellery, Mr. [William] Grayson and Mr. [James] Monroe, on report of the Secretary of War on Stephen Sayre's project. Report was made May 25.
On this day also William Govett was nominated by Mr. [David] Jackson and [William] Erwin by Mr. [William] Houstoun for Commissioner to settle accounts between the United States and the State of Virginia. Govett's name was later withdrawn, but no date is given for this.Committee Book No. 190.]
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