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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 --FRIDAY, MARCH 11, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of Georgia Mr. [William] Houstoun.
Mr. William Grayson, a delegate for the State of Virginia, attended, and produced Credentials, by which it appears, that on the 22 of June, 1784, he was elected a delegate to serve in Congress, for one year, to commence the first Monday in November next, ensuing the date of his appointment.
Virginia: By his Excellency Benjamin Harrison, Esquire, Governor and Commander in Chief of the Commonwealth
[SEAL]
It is hereby certified to all to whom these presents shall come, that--
The General Assembly of this Commonwealth on the twenty second Day of June One thousand seven hundred and eighty four by joint ballot of both Houses, elected William Grayson esquire, a Delegate to serve in Congress for one year, to commence from the first Monday in November next ensuing the Date of his appointment
Given under my hand and the Seal of the Commonwealth this twenty eighth Day of August One thousand seven hundred and eighty four
Benj. Harrison.1
[Note 1: 1 The original of this credential is in the Papers of the Continental Congress, Credentials. It is not entered in the Record of Credentials, No. 179. According to the indorsement it was read this day.]
On motion of Mr. [David] Howell, seconded by Mr. [John] Beatty,
Resolved, That tuesday next be assigned for the election of a Commissioner for carrying into execution the purposes mentioned in the Ordinance of Decr. 23, 1784, in the place of Philip Schuyler, esqr. who has declined to accept that appointment.2
[Note 2: 2 This motion, in the writing of Howell, is in the Papers of the Continental Congress, No. 36, IV, folio 471.]
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While the foregoing motion was under debate, a Motion was made by the delegates of Maryland, to strike out "tuesday," and in lieu thereof, to insert "the first Monday in May:" And on the question to agree to this Amendment, the yeas and nays being required by Mr. [James] McHenry,
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So it passed in the negative.
Mr. John Henry, a delegate for Maryland, attended, and took his seat in Congress.
[The Committee, consisting of Mr. Samuel Hardy, Mr. William Houstoun, Mr. Hugh Williamson, Mr. Samuel Holten and Mr. David Howell, to whom was recommitted the report on the Southern Indians, submit the following report.]
[Resolved,] That three Commissioners with the same pay as is allowed to the Comrs. appointed for treating with the Northern Indians, be appointed to treat with the Cherokees and all other Indians southward of them within the limits of the United States, or who have been at war with them, for the purpose of making peace with them, receiving them into the favour and protection of the U. S. and removing, as far as may be all causes of future contention or quarrels.
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That the commissioners be instructed as a preliminary, to require that all prisoners of whatever age or sex among the Indians, shall be delivered up and they are further instructed to demand the negroes and other property belonging to the Citizens of the U. S. which have been captured during the war.
That they be instructed to inform the Indians of the great occurrences of the last war and of the extent of Country relinquished by the late treaty of Peace with G. B.
That the commissioners previous to their holding any treaty, shall give due notice of the time and place where it is to be held, to the supreme executives of Virginia N. Carolina, So. C. and G., in order that they may each of them appoint one or more persons to attend during the treaty if they think proper.
That the commissioners be instructed to encourage the Indians to give notice to Congress, or some of their officers, of any designs that may be formed in any neighbouring tribe, or by any person whatever against the peace of the United States.
That the Commissioners be authorized to draw upon the apply to the supream Executive either of Virga. North Carolina or South Carolina or Georgia for 150 men or such part thereof as they may deem necessary of their Militia for the purpose of protecting the Commissioners whilst engaged in concluding the sd. treaties; and that they be authorized to call on draw on either any of the said States and draw for the same on the Commrs. of the treasury who are hereby directed to pay such Draft fordollars to enable them to procure such making presents as shall be necessary to carry such treaty into effect and that such the said state have credit for such advance out of the requisitions for the year 1786 in addition to and also the amount of the goods purchased as above.
That Monday next be assigned for the appointmt. of three Commissioners to form a treaty or treaties with the Indians in the southern department agreeable to the foregoing resolution report and for the purposes specified in the same.1
[Note 1: 1 This report, in the writing of Charles Thomson, on the printed report of March 4, and the last two paragraphs in the writing of Samuel Hardy and William Houstoun, respectively, is in the Papers of the Continental Congress, No. 30, folios 247 and 245½ and 254. The provision for drawing on the Commissioners of the Treasury to meet the treaty expense is in the writing of Thomson on a vote, presumably taken during the debate on this report, folio 254. As amended during the debate, the report was finally adopted March 15. The commissioners were appointed March 21.]
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Congress took into Consideration the report of a comee., consisting of Mr. [Samuel] Hardy, Mr. [William] Houstoun, Mr. [Hugh] Williamson, Mr. [Samuel] Holten and Mr. [David] Howell, to whom was recommitted a report on the State of the Southern Indian Affairs.
And the following paragraph being under debate,
That the Commissioners, previous to their holding any treaty, shall give due notice of the time and place where it is to be held, to the supreme executives of the States of Virginia, North Carolina, South Carolina and Georgia, in order that they may each of them appoint one or More persons to attend during the treaty, if they think proper.
A Motion was made by Mr. J[ohn] Henry, seconded by Mr. [William] Ellery, to strike out that paragraph: And on the question, shall that paragraph stand the yeas and nays being required by Mr. [James] McHenry,
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So it was resolved in the affirmative.
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A Motion was then made by Mr. [James] McHenry, seconded by Mr. [William] Ellery, to strike out the before mentioned paragraph, and in lieu thereof to insert: That the Commissioners previous to their holding any treaty, shall give notice of the time and place where it is to be held, to the supreme executives of the states of Virginia, North Carolina, South Carolina and Georgia, in order that they may make dispositions to render such assistance and countenance to the commissioners, as may be judged proper and necessary.
And on the question to agree to this Amendment, the yeas and nays being required by Mr. [James] MeHenry,
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So it passed in the Negative.
The Secretary for Foreign Affairs having reported, that in his opinion it will be proper to transmit to our Ministers, who are to negotiate treaties with the Emperor of Morocco
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and the regencies of Tunis, Algiers and Tripoli, the following papers, to wit:
No. 1.
Draft of a Commission to the joint Ministers to appoint Agents to be employed in their Negotiations with Morocco and the States of Barbary.
The United States in Congress Assembled. To all to whom these presents shall come, or be made known, send Greeting.
Whereas we, reposing special trust and Confidence in the integrity, prudence and ability of our trusty and well beloved the honorable John Adams, late one of our Ministers plenipotentiary for negotiating a peace, and heretofore a delegate in Congress from the State of Massachusetts, and Chief justice of the said State, The honorable Doctor Benjamin Franklin, our Minister plenipotentiary at the Court of Versailles, and late another of our Ministers plenipotentiary for negotiating a peace, and The honorable Thomas Jefferson, a Delegate in Congress from the State of Virginia, and late Governor of the said State, Did by our Commission under the Seal of the United States, and the signature of our then President, bearing date the 12th day of May, in the year of our Lord, 1784, constitute and appoint them the said John Adams, Benjamin Franklin and Thomas Jefferson, our Ministers Plenipotentiary, giving to them or a majority of them full power and authority for us and in our name to confer, treat and negotiate with the Ambassador, Minister or Commissioner of the Regency or Government of Tunis, vested with full and sufficient powers of and concerning a treaty of Amity and Commerce (as the case may be) to make and receive propositions for such treaty, and conclude and sign, transmitting it to
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the United States in Congress Assembled for their final ratification: And whereas it may so happen that the other great and various affairs which we have committed to the care and management of our said Ministers Plenipotentiary may not admit of their meeting the Minister or Commissioner which the regency or Government of Tunis may appoint to treat with them of and concerning such treaty, at a time and place that might otherwise be most convenient:
Therefore Know Ye, That we do hereby authorise and empower our said three Ministers Plenipotentiary and the majority of them, by writing under their hands and Seals to appoint and employ, and at pleasure to remove, such Agent in the said business as they or the majority of them may think proper, which said Agent shall have authority, under the directions and instructions of our said Ministers, to commence and prosecute Negotiations and conferences for the said Treaty, with such Person or Persons on the part of the regency or Government of Tunis as to our said Ministers or the Majority of them shall appear proper. Provided always, that the treaty in question shall be signed by our said Ministers; but that preliminary articles thereto may, if previously approved of by our said Ministers or the majority of them, be signed by the said Agent.
In testimony whereof we have caused the Seal of the United States to be hereunto affixed. Witness, His Excellency Richard Henry Lee, our President, thisday ofin the year of our Lord, 178 and of the Sovereignty and Independence of the United States of America, the Ninth.
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No. 2.
Draft of a letter of Credence from Congress to the Regencies of Tunis, Tripoli and Algiers.
To the Lords, Regents and Governors of Tunis.
We, the United States of America in Congress Assembled, being desirous of cultivating and establishing peace and harmony between our nation and the regency and government of Tunis, have appointed the honorable John Adams, late one of our Ministers plenipotentiary for negotiating a peace, and heretofore a Delegate in Congress from the State of Massachusetts, and Chief Justice of the said State, The honorable Doctor Benjamin Franklin, our Minister plenipotentiary at the Court of Versailles, and late another of our Ministers plenipotentiary for negotiating a peace, and the honble. Thomas Jefferson, a Delegate in Congress for the State of Virginia, and late Governor of the said State, our Ministers plenipotentiary, giving to them or a Majority of them full power in our name to negotiate and conclude a treaty of Amity and Commerce with your Lordships; and we have also authorized them or a majority of them to appoint such agent in the said business as circumstances may in their judgment render expedient.
We desire you, my Lords, to give full credit to whatever shall be delivered to you by or from our said Ministers; and we hope you will readily concur with us in forming such a Treaty as may be permanent and mutually beneficial. We wish you health and prosperity.
Done in Congress, at their Chamber in the City of New York, on theday ofOne thousand seven hundred and Eighty-five, and signed by their Unanimous order.
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No. 3.
Draft of a Letter from Congress to the Emperor of Morocco.
Great, Noble and Imperial Sovereign,
While the flames of the late war continued to spread danger and destruction not only along the borders, but also through the most interiour parts of the thirteen United States of America, it was constantly and indispensably necessary for us to turn all our attention and resources to the immediate defence and protection of these different Countries.
Hence it happened, that it was not in our power to cultivate Your Majesty's friendship by such legations and other measures, as might fully manifest the high sense we entertain of that magnanimity which induced your Majesty to open your ports and shew kindness to us at a period when our affairs wore the least promising aspect.
All that we then could do was to read and admire your Majesty's liberal Manifestoes and declarations of theand to assure you by our Letter of theday of December, 1780, "of our earnest desire to cultivate a sincere peace and friendship with your Majesty," and that proper steps for that purpose would be taken on our part.
As We have not been favoured by your Majesty with an answer to that Letter, we are apprehensive that it has miscarried; and therefore subjoin a copy of it to this.
That Great and Almighty being "from whom all wisdom and power proceeds," having crowned our Counsels and our arms with victory and peace, we are now blessed with leisure and opportunities to shew our respect and regard for such of the Princes and Nations of the World
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as gave proof of their kindness and good will to us when encompassed with hostile Armies and a great variety of difficulties.
While many other Nations yet viewed our fate as doubtful, You, most noble Prince, extended your friendly regards from an Empire on the Eastern side of the World, across an amazing length of Ocean, to us who dwell under the Beams of the setting Sun. For these generous marks of your early friendship accept our sincere and cordial thanks; and be assured of our desire so to establish peace and regulate Commerce between us, as that your Empire may derive advantages from the various productions of our different Countries. In time, when the waste of war shall be repaired, they will be great and useful; and we will teach our people to be kind to yours.
Impelled by these considerations, we have appointed three from among our well beloved and most distinguished Subjects, whom we have long honored with our confidence, and intrusted with the conduct of great affairs, to establish on our part with your Majesty the most liberal and permanent Treaties of Peace and Amity, viz. Our well beloved The Honorable John Adams, Chief Justice of one of these United States, a delegate from the same to our Body, one of our late Commissioners to the Court of France, our Minister plenipotentiary to the United Netherlands, and one of our Ministers plenipotentiary for making peace with Great Britain, &c. Also our well beloved The honorable Doctor Benjamin Franklin, President of the Convention of another of the said States, and a delegate from the same to our Body, our Minister plenipotentiary to the Court of France, and also one of our plenipotentiaries for making peace with Great Britain, &c. and also our well beloved The honorable Thomas Jefferson, Governour of another of the said
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States, and a Delegate from the same to our Body, and one of our Ministers plenipotentiary, together with the said John Adams and Benjamin Franklin, for transacting certain great affairs, which we have committed to them, &c.
We have given them our Commission under the Seal of the United States, and under the signature of his Excellency our President, to treat with your Majesty in our behalf, and in our name to sign and seal such Treaties and Conventions as may thereupon be agreed upon. We recommend them to your Majesty's especial favour and confidence, and we promise to ratify, confirm and fulfil whatever they shall on our part conclude and agree to. And inasmuch as the other great affairs which we have confided to their management may cause delays which might be disagreeable to your Majesty, we have authorized them in such case to appoint and send to your Majesty a trusty and respectable agent, by means of whom they may deliver this Letter to your Majesty, and commence the negotiations in question. We request your Majesty to transmit to us your answer through the same channel; and we assure you that it is our sincere wish and desire, that the Emperor of Morocco and the Sovereign Council of these thirteen Countries may continue to regard each other as friends and brothers from age to age. May your Majesty be always happy.
Signed by the Unanimous Order of the United States in Congress Assembled, at the Chamber of the States, in the City of New York, on theday ofin the year of our Lord, one thousand seven hundred and Eighty-five, and in the year of their Sovereignty--
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No. 4.
Copy of a former Letter of Congress to the Emperor to be enclosed in the above.
The Congress of the thirteen United States of North America to the High, Potent and Most Noble Prince, the King and Emperor of Morocco.
Most Noble and Puissant Prince,
We, the Congress of the thirteen United States of North America, have been informed of your Majesty's favourable regard to the interests of the people we represent, which has been communicated by Monsr. Etienne D'Audibert Caille, of Salé, Consul for foreign nations unrepresented in your Majesty's States. We assure you of our earnest desire to cultivate a sincere and firm peace and friendship with your Majesty, and to make it lasting to all posterity.
In order that we may demonstrate more fully the high value we place upon the Amity of so enlightened and magnanimous a Prince, we have given the necessary Orders to our Minister plenipotentiary at the Court of his Most Christian Majesty the King of France; and a proper person will receive powers to enter into negotiations for settling a treaty of peace and Commerce with such representative of your Majesty as you may please to appoint. This, from your Majesty's great wisdom and generosity, we have no doubt will be adjusted to the mutual advantages of both Nations.
In the mean time should any of the Subjects of our States come within the ports of your Majesty's ports or Territories, we flatter ourselves they will receive the benefit of your protection and benevolence. You may assure yourself of every protection and assistance to your Subjects from the people of these States whenever
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and wherever they may have it in their power. We pray your Majesty may enjoy long life and uninterrupted prosperity.
Signed in and by order of the Congress of the thirteen United States in North America,day of the month December, in the year of our Lord Christ, 1780, and of our Independence 5.
No. 5.
Draft of a Letter from the Secretary for Foreign Affairs to our Ministers.
No. 6.
Copy of a Letter from Giacomo Francisco Crocco to Congress, November 16th 1784.
No. 7.
Draft of a Letter from the Secretary for Foreign Affairs to Mr. Crocco in answer to the above.
No. 8.
Copy of a Letter from Messieurs Franklin, Lee and Adams, 7th November, 1778, and one of 26th May, 1779, from Mr. Franklin.
No. 9.
Copy of a Letter from D'Audibert de Caille to Mr. Jay, 21st April, 1780, and Mr. Jay's answer.
No. 10.
Copy of Mr. D'Audibert Caille's letter to Congress, 6th September, 1779, and their answer, December, 1780.
No. 11.
Copy of the appointment of D'Audibert Caille, 1st November, 1779, by the Emperor of Morocco, to act as Consul for such foreign nations as had none in his dominions.
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No. 12.
Copy of the Emperor of Morocco's declaration, 20th Februy., 1778.
No. 13.
One of D'Audibert Caille's printed Certificates.
Ordered, That the beforementioned papers be referred back to the Secretary for Foreign Affairs to take order.1
[Note 1: 1 The report of the Secretary for Foreign Affairs and the order thereon were entered only 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.
March 11: The following committees were appointed:
Mr. [Samuel] Holten, Mr. [Richard Dobbs] Spaight and Mr. [Zephaniah] Platt, on Fleury Mesplet's memorial which was read this day. This committee was renewed April 11. The petition is in No. 41, VI, folio 361.
Mr. [William] Ellery, Mr. [Joseph] Gardner and Mr. [Hugh] Williamson, on the petitions of Joseph King for commutation or half pay. A report was rendered March 24.
Mr. [James] Monroe, Mr. [Richard Dobbs] Spaight, Mr. [William] Houstoun, Mr. [William Samuel] Johnson and Mr. [Rufus] King, on the report on the motion "for investing Congress with power to regulate trade. Instructed to report a circular letter to accompany the recommendation proposed in the report." The committee reported March 28.
Committee Book No. 190.
Also, on this day, as the indorsement states, was read a petition of John Simpson, dated March 4, praying appointment as Deputy Surveyor in one of the new states. It was ordered filed and is in No. 42, VII, folio 211.
Also, was read a letter from Joseph Carleton, Secretary in the War Office, dated March 11 and asking if he shall continue his services until General Knox arrives. The indorsement states that it was acted on March 11. It is in No. 60, folio 129.
Also, according to Committee Book No. 191, a report was delivered on the claim of James Smith, which was acted on March 21.]
[Motion of Mr. [Hugh] Williamson.]
That in making out the Commission of Mr. Smith he be stiled William Smith esqr. lately a lieutenant Colonel in the Armies of the United States.2
[Note 2: 2 This motion, in the writing of Charles Thomson, is indorsed on the letter of March 11, from the Secretary for Foreign Affairs respecting Smith's appointment as Secretary to the United States legation at London. A further indorsement states that the motion was referred to the Secretary for Foreign Affairs to take order. Jay's letter of March 11 is in the Papers of the Continental Congress, No. 80, I, folio 101.]
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