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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, MARCH 7, 1785.
Congress assembled. Present as before.
On the report of a committee, consisting of Mr. [Pierse] Long, Mr. [Joseph] Gardner and Mr. [Samuel] Hardy, to whom was referred a Memorial from Jotham Blanchard,
Resolved, That when the board of treasury shall be formed, they take Order for the payment of as much of the balance due to Jotham Blanchard, as the State of the treasury will admit, without giving him any undue preference to other creditors.
The Committee Consisting of Mr. [Jacob] Read, Mr. [William] Ellery and Mr. [Samuel] Hardy, to whom were referred the Letters of the 3rd. and 16th. of November last from Mr. Laurens.
Beg leave to report in part.
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That in Conformity to the repeated wishes heretofore expressed By His Excellency the honorable Benjamin Franklin Esquire, Minister Plenipotentiary from the United States at the Court P. of Versailles, He be permitted to return to America as soon as Convenient and that Monday Wednesday next be appointed for the Election of a Minister Plenipotentiary to represent the United States at the Court of Versailles.
Your Committee further beg leave to report that a proper passage at the Charge of the United States be provided for the accommodation of Mr. Franklin on his return to the United States and that the Secretary of the Department of Foreign Affairs take order for making the necessary Communications to Mr. Franklin on the subject of him permission to retire and for providing for his passage.1
[Note 1: 1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, III, folio 477. According to the indorsement, it was read December 23, 1784, and passed this day.]
On the report of a comee. consisting of Mr. [Jacob] Read, Mr. [William] Ellery and Mr. [Samuel] Hardy, to whom were referred the letters of the 3 and 16 of Novr., from Mr. Laurens,
Resolved, by nine States, That in Conformity to the repeated wishes heretofore expressed by the honble. Benjamin Franklin, esquire Minister plenipotentiary from the United States, at the court of Versailles, he be permitted to return to America as soon as convenient; and that Wednesday next be assigned for the election of a proper person minister plenipotentiary, to represent the United States at the court of Versailles.
On motion of Mr. [Rufus] King, seconded by Mr. [Charles] Pinckney,
Resolved, By nine states, That it is expedient to appoint a Minister plenipotentiary to succeed Mr. J. Adams, at the court of the United Netherlands, and that Monday next be assigned for the election of such Minister.2
[Note 2: 2 These two resolutions were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III. The motion of Mr. King, in his writing, is in No. 36, II, folio 525. A memorandum, on the motion, in the writing of Charles Thomson, notes that it was postponed by the state of Rhode Island.]
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Congress took into consideration a report of the Secretary for Foreign Affairs; and thereupon agreed to the following
Instructions
For a Minister Plenipotentiary appointed to represent the United States of America at the Court of Great Britain.
Sir,
You will in a respectful but firm manner insist, that the United States be put without further delay in possession of all the posts and territories within their limits which are now held by British Garrisons: and you take the earliest opportunity of transmitting the answer you may receive to this requisition.
You will remonstrate against the infraction of the treaty of peace by the exportation of negroes and other American property, contrary to the stipulations on that subject in the Seventh Article of it. Upon this head you will be supplied with various authentick papers and documents, particularly the correspondence between General Washington and others on the one part, and Sir Guy Carleton on the other.
You will represent to the British Ministry the strong and necessary tendency of their restrictions on our trade to incapacitate our Merchants in a certain degree to make remittances to theirs.
You will represent in strong terms the losses which many of our and also of their Merchants will sustain, if the former be unseasonably and immoderately pressed for the payment of debts contracted before the war. On this subject you will be furnished with papers, in which it is amply discussed.1
[Note 1: 1 These instructions were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.]
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The Committee consisting of [Mr. Samuel Hardy, Mr. John Beatty and Mr. Elbridge Gerry] to whom was referred a letter from his Excellency Governor Clinton beg leave to submit the following report--
That it appears to your Committee that in the year 1776. when he commanded a brigade in the Continental Army, he was applied to by the then Commissary General for his advice and assistance in procuring a supply of flour for the American Army. That in Consequence of this application he sent an officer up the North River for the purpose of making a purchase of five thousand bushels of wheat, or an equivalent in flour; that the said purchase was actually made on his Credit, that in his private Character he has made an advance in part payment for the same, and by his private assumpsit remains liable for the residue. It appears farther to your Committee that he has been reimbursed by the Commissary General in continental Money a considerable part of what he advanced; and that the balance now remaining due and for which he is lyable, is as appears from the note of Wm. Paulding; one thousand and three pounds nine shillings and seven pence New York currency, which with the legal interest amounts to thirteen hundred and six pounds thirteen and three pence. Whereupon your Committee came to the following Resolution,
Resolved, that the President issue his warrant to the loan officer of the State of New York for the sum the Commissioners of the Treasury take order for the immediate payment of three thousand one hundred and twenty five dollars to his his Excellency Governor Clinton (being the amount of the said sums;) to be paid in bills of credit omitted agreeble to the resolutions of the 18 of March 1780 and that the said William Paulding in the settlement of his Accts. be charged with the same.1
[Note 1: 1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 20, I, folio 413. The indorsement shows that it was read this day and passed March 17.]
[Motion respecting the Treasury. Referred to Mr. James McHenry, Mr. David Howell, Mr. James Monroe, Mr. Samuel Holten and Mr. Lambert Cadwallader.]
Resolved, That two members of Congress be elected to act with any one of the Commissioners of the Board of Treasury, who may accept and qualify himself to enter on the duties of his appointment, until
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another Commissioner may appear to take a Seat at the Board--And that the Board so constituted be authorized to exercise all the powers vested in the Board of Treasury by the Ordinance of May 28, 1784.1
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 527. The indorsement states that it was made this day and the committee discharged April 13, 1785.
On this day, as the indorsement indicates, was read a letter of February 24 from Thomas Cushing, Governor of Massachusetts, reporting the arrest by the Inquisition of Spain of Jonas Hartwell, a citizen of Massachusetts. It was referred to the Secretary for Foreign Affairs who reported March 18. It is in No. 65, II, folio 265.
Also, a letter of February 15 from Robert Hanson Harrison declining to act as one of the judges of the federal court to settle the dispute between Massachusetts and New York. It is in No. 78, XII, folio 379.
Also, a letter of February 15 from Thomas Johnson, accepting appointment as one of the judges in the Massachusetts-New York dispute. It is in No. 78, XIII, folio 321.
Also, a letter of March 7 from Samuel B. Webb, offering himself for employment in the public service. It is in No. 78, XXIV, folio 507.]
The committee consisting of [William Samuel Johnson, James McHenry, David Howell, James Monroe and Hugh Williamson] to whom were referred a letter and sundry papers from the commissioners for negotiating treaties with the Indians pursuant to the act of 15 Oct 1783, beg leave to report the following resolutions.
That in order to give greater security to the frontier settlement, and establish a boundary line between the United States and the Potowatama, Twieghtwee, Piankishaw and other western nations, a treaty be held with the said Indians at Post Vincent on the Wabash river, or at such other place as the commissioners may find most convenient on the 20 June 1785.
That 18,429 pounds weight of beef, 21,047 lbs of flour and salt in proportion, in addition to the rations now in store at Fort McIntosh will be necessary for the said treaty, and thattake order to furnish the same.
Thatfurnish the commissioners for holding the aforesaid treaty with such goods as they may judge necessary in addition to the goods in store at fort Mcintosh, to an amount not exceedingdollars.
Thatadvance to the commissioners aforesaid the sum ofdollars for the use and to be accounted for by the said commissioners.
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That the troops at Fort McIntosh be subject to the order of the aforesaid commissioners during the holding of the aforesaid treaty.1
[Note 1: 1 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 30, folio 255. The indorsement shows that it was read on this day, and Monday, 14th. March, assigned for consideration. The report was printed and in this form considered and amended on March 17. The printed copy is on folio 249 and these manuscript amendments thereon bring it into conformity with the resolves as passed March 18. Two of the incorporated changes, in separate form, are on folio 261.]
The Committee consisting of [Mr. Richard Dobbs Spaight, Mr. James Monroe and Mr. Rufus King] to whom was referred the memorial of Mr. Silas Talbot of Providence in the State of Rhode Island, late an Officer in the Army of the United States, setting forth that he was deranged on the 1st day of January, 1782, pursuant to a resolve of Congress of the 31st of December, 1781, and that the paymaster General on the Settlement of his Accounts refused to allow him the half pay or Commutation promised to the Army by the resolves of Congress of theday of1780, giving as a reson for so doing that the resolve of 21st October, 1780, extended only to such Officers as were deranged under that Act of Congress, and to such Officers and Soldiers as should continue in service to the End of the War; and that he was not Authorised to Allow it to any others, but those to whom it was expressly granted.
The Committee have examined the different resolves of Congress respecting the half pay or Commutation, and those for the reform of the Army, and find that Congress in their resolve of the 31st Decemr. 1781, expressly Provided "that nothing contained in these resolutions shall be construed so as to prevent or hinder any Officer that shall retire as aforesaid from enjoying all the Emoluments that he may, upon retiring, be entitled to by any former Acts of Congress"; and that for the Officers who retired under the resolve of the 7th August, 1782, it is "Resolved, That the Officers retiring under the foregoing resolutions, and not employed in the staff department as affore said, shall, until called into service with their proper Command, be entitled to all the emoluments to which the Officers are entitled, who retired under the resolutions of the 3rd and 21st October, 1780."
Whereupon Your Committee are of Opinion that the Officers who retired under the resolve of the 31st. of Decemr. 1781, are equally
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entitled to the halfpay or Commutation as those Officers who retired under the resolves of the 3d. and 21 October, 1780.1
[Note 1: 1 This report, in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress, No. 19, VI, folio 1. It was read this day and acted on March 8.
On this day, according to Commitee Book No. 186, Brig. Gen. Samuel Blatchley Webb was nominated for Secretary at War by Mr. [Samuel] Holten.
According to Committee Book No. 186 a report was rendered this day by the committee on William North's letter of December 16, 1784. See post, December 19. Committee Book No. 190 refers the matter, on March 7, to March 22, q. v.]
The Committee consisting of [Mr. Samuel Hardy, Mr. John Beatty and Mr. Elbridge Gerry] to whom was referred the Report of a Committee on the letter from the late secretary of foreign Affairs of the 28 of March, 1783, submit the following Report:
That as it appears from the letter of the said secretary bearing date the 3rd of December, 1782, that he informed Congress that the Office he held under the state of New York rendered it inexpedient for him to continue longer in the Office of foreign Affairs. That as he stated to them in the said letter that with the utmost oeconomy which his situation would admit of he had been compelled to expend more than three thousand dollars beyond the Allowance of Congress, And as they after such information deemed it necessary from the state of public Affairs to request his Continuance in Office for the term of six Months longer, your Committee are of Opinion that any expence during that time over and above the sallary annexed to the Office of foreign Affairs ought in justice to be reimbursed him. Upon this principle your Committee decide that he is entitled to the sum of fifteen hundred dollars, the amount of the extra expences beyond his sallary for the said term of six Months.
And as it appears to your Committee from a Number of letters in the Office of foreign Affairs, that he acted as Agent for the foreign Ministers and other Officers of Congress in Europe, at the particular request of the late superintendant of finance, and out of the line of his department; that he stated their Accts. drew their sallary, vested it in bills of exchange, and remitted it to them; that in the whole of this transaction he informed them he acted as their Agent and that they by their letters recognized him in that Character, and requested him to continue his Agency. And as it appears that in the Negociation of the bills of exchange a considerable profit accrued to our
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Ministers out of which he might with propriety and appeared to have designed to have charged the usual Commission of two and a half P. Cent.; And as it appears farther to your Committee from a letter he addressed to our Ministers in Europe, that he was restrained from doing it only by the Retrospective Resolutions of Congress of March, 1783, which deprived the said Ministers of the advantage made by the exchange by directing their bills to be paid at par; your Committee are of Opinion that it is reasonable that a Commission of two and a half P. Cent on the remittances made by him to our Ministers in Europe (amounting to 1,625 Dollars as appears by the Books of Accsts. of the Office of foreign Affairs) should be allowed him by the United States.
Whereupon Resolved, That the President issue his Warrant to the loan Officer of the state of New York for the sum of three thousand one hundred and twenty five dollars to be paid in bills of credit Emitted agreeable to the Resolution of the 18 of March, 1780.1
[Note 1: 1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 19, III, folio 593. According to Committee Book No. 191, it was read this day and acted on March 16.
March 7: The following committees were appointed:
Committee of the Week: Mr. [William] Ellery, Mr. [David] Howell and [Lambert] Cadwallader.
Mr. [William] Houstoun, Mr. [John] Beatty and Mr. [David] Howell, on the letter of March 7 from Thomas Hutchins informing of his return from ascertaining the boundary line between Virginia and Pennsylvania and entreating action on his memorial of September 8, 1783. Hutchins' letter is in No. 60, folio 177. A later indorsement by Thomson reads: "with report May 25, 1785." See post, June 7.
Mr. [Charles] Pinckney, Mr. R. R. Livingston, Mr. [Rufus] King, Mr. [James] Monroe and Mr. [John] Beatty, on letter of December 23, 1784, from C. Griffin and J. Lowell. This was a renewal of the committee of February 22 and to it was referred, this day, the memorial of G. Meade respecting the brig Hope; letter of February 13 from the Secretary for Foreign Affairs on application of Prager for a reheating; memorial of Ellis & Hugg for a rehearing. This committee reported March 28.
Mr. [Hugh] Williamson, Mr. [Richard Dobbs] Spaight and Mr. [William] Hindman, on memorials of Regnier de Roussi and William Burrows. A report was made on Burrows March 14 and on de Roussi April 19. Burrows' memorial, which is dated March 7 and was for a pension as a wounded soldier, is in the Papers of the Continental Congress, No. 41, I, folio 399. See post, March 14. De Roussi's, for pay and dated March 4, is in No. 41, VIII, folio 343, and is indorsed as acted on February 3, 1786.
Committee Book No. 190.]
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