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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, JUNE 2, 1785.
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from New Hampshire,
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Mr. [Abiel] Foster; and from North Carolina, Mr. [Richard Dobbs] Spaight.
The committee, consisting of Mr. [John] Lawrance, Mr. [David] Howell and Mr. [Rufus] King, to whom was referred a memorial of Christopher Miller, praying for Sea letters for the ship "Governor Clinton," to be put under his command, report, "That they have evidence that the Owners and captain of the said ship "Governor Clinton," are citizens of the United States of America; and that the said ship is bound on a voyage, in the course of which a Sea letter may be useful." Whereupon,
Resolved, That a Sea letter be granted for the ship "Governor Clinton," Christopher Miller, master, in the form of the Sea letters granted for the ship "Empress of China," John Green, master, mutatis mutandis.
On the report of a committee, consisting of Mr. [John] Bull, Mr. [John] Beatty and Mr. [George] Patridge, to whom was referred a memorial of Henry Rutgers, Richard Lush and Jacob John Lansing, deputy muster masters of divisions in the Army of the United States,
Resolved, That it be, and it is hereby recommended to the executive of the State of New York, to settle with and pay Henry Rutgers, Richard Lush and Jacob John Lansing, late deputy muster masters in the Army of the United States, by allowing them what their arrears of pay and years advance as deputy muster masters was worth in specie at the time they respectively became due, and charge the same to the United States, provided it shall appear that no settlement shall have already been obtained.1
[Note 1: 1 The report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, V, folio 261. See ante, February 22.
On this day also, according to indorsement by Roger Alden, the Board of Treasury reported on a memorial of Francis Dana, praying for the settlement of his accounts. The business was settled by the adoption of sundry resolves moved by Elbridge Gerry, July 22. Dana's memorial and his accounts, undated, are in No. 41, II, folios 541--547.]
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On the report of a committee, consisting of Mr. [David] Ramsay, Mr. [William Samuel] Johnson and Mr. [Samuel] Dick, to whom was referred a Petition of Jacob Fowler, an Indian of the Montauk tribe,
Resolved, That the board of treasury advance to Jacob Fowler, the sum of one hundred dollars, to encourage him to instruct the Indians.
On the report of the Secretary at War, to whom was referred a petition of David Oliphant, deputy director of the late Southern hospital,
Resolved, That those officers of the hospital department in the Southern Army, who were detained in Charleston, after its surrender to the British troops, for the purpose of attending the sick and wounded of the army of the United States, shall, in consideration of the extra expenses which they incurred by the performance of the said duty, be allowed the sums affixed to their respective names contained in a return deposited in the War Office, which was transmitted and signed by David Oliphant, deputy director of the Southern hospitals.
On the report of a committee, consisting of Mr. [Rufus] King, Mr. [John] Beatty and Mr. [David] Howell, to whom was referred a memorial of Mr. P. Landais,
Resolved, That the board of treasury take order to pay to Mr. Peter Landais, four thousand four hundred and ninety eight dollars and one tenth of a dollar, that sum being the amount of a gratuity allowed him by a resolve of Congress of the 6th day of March, 1779, with the interest thereon from that date to the 6th day of May last, added to the amount of his extra expences, subsistence, and one fifth part of his pay as a captain in the navy while in public service, with the interest thereon, from the 6th day of January, 1781, to the 6 day of May aforesaid. And that the Commissioner for
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settling the Accounts of the marine department, issue acertificate to Mr. Peter Landais, for eighteen hundred andfourteen dollars and four tenths, bearing an interest of six percent. from the sixth day of May, 1785; that sum being thebalance of his account for pay, subsistence and extra expenceswhile in public service.1
[Note 1: 1 On this day, according to Committee Book No. 190, Mr. [Abraham] Baldwin was appointed to the committee of March 29 on Hezekiah Wetmore's petition, in place of Mr. [Hugh] Williamson. See post, June 13.]
The Committee of the week [Mr. Charles Pettit, Mr. John Lawrance and Mr. John Kean] to whom was referred the Memorial of Cornelius Jones setting forth that he had sold property at certain periods during the late war, had deposited the money in the Loan Office of the State of Massachusetts; and procured Loan Office certificates for the amount; praying that the said certificates may be adjusted upon an equitable footing and the Interest paid, Submit the following report,
That Congress has already prescribed a mode for the liquidation of certificates issued by the several Loan Offices, and for the adjustment of the Interest due thereon, and in their opinion it would be inexpedient to adopt any particular mode in favor of Mr. Jones.2
[Note 2: 2 This report, in the writing of John Lawrance, is in the Papers of the Continental Congress, No. 32, folio 615. The indorsement states that it was agreed to on this day.
On this day, as the indorsement states, was read a petition of Fleury Mesplet, dated June 2, on the subject of his claim as printer in Montreal. It was referred to the Committee of the Week and on June 13 ordered to be filed. It is in No. 41, VI, folio 409. See ante, April 26.
Also, a letter of May 31 from Adam Hoops, accepting the office of Surveyor. It is in No. 78, XII, folio 403; another from him, dated June 2, is on folio 407.]
The Report of the Committee [Mr. James Monroe, Mr. Rufus King, Mr. Charles Pinckney, Mr. William Samuel Johnson and Mr. John Lawrance] appointed to "revise and report what alterations, if any, are necessary to be made in the instructions given to the commissrs. authoriz'd to form commercial treaties withpowers."
In examining the said instructions it occured to the Committee as a subject worthy of previous enquiry, 1. Whether the U. S. were possess'd of sufficient powers to form commercial treaties so as that their engagements shod. be binding on the Union. 2. If they were, whether such treaties might probably be obtained at present, as they shod. accept of, with all the sd. powers, if not, with whom, and what
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the measures necessary to be taken with those who decline them. 3. The principles upon which the treaties shod. be form'd with each.
1. The Committee have thought it their duty to suggest their doubts upon the first point, without entering into an investigation of it; they think it shod. be determin'd, for unless it shall be unquestionable that the U. S. have it in their power to give what indulgence, or lay what restraints they please, upon the intercourse of other powers with these States all propositions on their part, found in the principles of reciprocity, will prove ineffectual; other powers will not enter engagements which are not reciprocal, and finding us incapable of laying similar restrictions on their trade, will adopt such with respect to us as they may think necessary. The evil is in this instance an internal one, and until we apply a remedy to the source, all extra or superficial applications will be unnecessary.
2. For information upon the 2d. point "whether such treaties could be obtained at present &c." the committee are of opinion, that recourse must be had to the interests of each power respectively as they apply to these States. It is the interest of all powers who have materials for exportation and who wish to encourage it, whether of manufactures or gross materials, to create as great a competition among the purchasers, and to impose as light duties upon the exportation, as possible; with those who manufacture only, and depend on other countries for the raw materials, to lay light duties upon the importation thereof, and to admit them from every country. If these principles are just it will be the interest of every country with whom we can have a commercial intercourse to invite us to the ports of their capitals, to admit our raw materials, and to let us take off theirs in return, upon as favorable terms as possible. What we shall then ultimately obtain from those powers, who have no colonies or islands we shall probably obtain at present, or at any time, and as well perhaps, without as with a treaty. On our part, as we have many gross materials for sale, and require the greater part of our manufactures and many other articles from beyond the Atlantic, in those articles we purchase and those we carry to market, it is our business to create as great a competition as possible--to have all the world before us in both views and the ports of these States open to all nations.
Treaties between the U. S. and powers thus circumstanc'd, or having no Colonies, or with the capitals of those who have them, shod. be of Amity only, if indeed such are necessary in the present improv'd
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state of society, and for this purpose (provided it did not subject us to the inconvenience hereafter mention'd) those which stipulate to each party, the right of the most favd. nation, might perhaps be well adapted.
But the policy of the powers who hold the W. India Islands, is to monopolize their trade and make it subservient to their particular aggrandizement, and the countries to whom the most valuable belong, France and G. Britain, are those with whose capitals we shall have, for the interchange of our respective commodities the principal intercourse. Independant of their colonies therefore they might claim with greater propriety than either of the other powers, perfect reciprocity. If then they admitted us into their islands freely it would be in consideration of particular advantages in our general commerce, which other nations should not be entitled to. Whether this shall be the case, and to what degree may become a question in the last resort, but the Committee are of opinion that other measures should at least be tried, in the first instance.
By negotiation in the first instance, most probably, this end will not be obtain'd; it is therefore best to begin in a manner which may be successful. Theirs is a plan of distress to us, and ours must reciprocate it. Upon what quarter of their system shall we begin? The committee doubt the propriety of taking such measures only, as are calculated to affect the Islands; in proportion as we lay restrictions upon their commerce, in the importation of theirs or the exportation of our materials, be the effect as it may with respect to the islands, it will in the degree that it deprives us of a mart for our produce, as well as of the purchase of theirs, certainly operate to our prejudice. They therefore advise at the same time, those which will be less injurious to these States and strike more deeply into their commercial system. By laying higher duties upon their vessels than those of other powers, and lower upon those of these States than of any other country, we shall essentially wound their genl. commercial interests, and at the same time promote those of these States. Whatever also, which hath heretofore come thro' their ports, not of their growth, but of the Mediterranean, the east or the north, should be prohibited here and required from the ports of the country to which they belong. In short, while these powers pursue their present policy with respect to the islands, it is ours to press them in every vulnerable part, and to pursue it to the utmost extent that our interest will
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admit of, until we obtain what we seek. But altho' the policy of France and G. B. is precisely the same, founded in a similarity of interests, with respect to their Islands, and of course the same measures are warranted on our side with respect to each, yet the committee doubt the propriety, to the same extent, on both at the same time. Under the treaty, France is entitled to the rights of the most favored nation, and in that case the U. Netherlands, Sweden, Portugal and all other powers, otherwise not the object of restriction, must be included. They are therefore of opinion they shod. apply in the first instance to G. Britain only, and if they succeed with respect to her, France must follow the example.
3. Upon the whole the committee are of opinion that as the trade with those powers who have not colonies in America is as advantageous to them as it can be to these States, and may be carried on as well without as with a treaty, and of course can gain nothing, and may embarrass us, that for the present it shod. be declin'd. If however the contrary sentiment shod. prevail, that they be so formed as to lay us under no restraint, as to the principal object which we have in view viz., the opening the W. India Islands; for this purpose, that our engagements with each, be with it alone, separately and independantly of its, or the connections of the U. S. with other powers, stipulating to their subjects certain rights and privileges within our ports, in consideration for those of a similar nature to our citizens within theirs, and that the extent of the obligation, on either side, be fully understood. That no engagement shod. be entered into with those having possessions in the W. Indies, which did not in some degree open said possessions to the U. S.
Whereupon, resolv'd, that the two first articles of said instructions be repeal'd and the following inserted in their stead viz.
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[Note 1: 1 This report, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 29, folio 341. According to the indorsement it was read this day and held as secret: "But Congress order a written copy to be made for each State and delivered to the delegates. Thursday June 9 assigned for Consideration." See ante, April 4, for Monroe's motion on this subject.]
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