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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 14, 1785.
Congress assembled: Present, as before.1
[Note 1: 1 The proceedings for March 14 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.]
The Secretary for the department of Foreign Affairs having reported the form of a Commission to Mr. Adams, appointed to represent the United States at the Court of London, and to Mr. W. Smith, appointed Secretary to the sd. legation; and the same being amended to read as follows:
The United States of America in Congress Assembled. To our trusty and well beloved John Adams, Esquire, send Greeting.
We, reposing special trust and confidence in your integrity, prudence and ability, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint you, the said John Adams, our Minister plenipotentiary to reside at the Court of his Britannic majesty; and do give you full power and authority there to represent us, and to do and to perform all such matters and things as to the said place or Office doth appertain, or as may by our instructions be given unto you in charge. This Commission to continue in force for the space of three Years from this day, unless sooner revoked.
In Testimony whereof, we have caused the Seal of the United States to be hereunto affixed. Witness, His Excellency R. H. Lee, our President, at the City of New York, thisday ofin the year of our Lord, 1785, and of our Sovereignty and Independence, the Ninth.
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The United States of America in Congress Assembled. To our trusty and beloved William S. Smith, Esq., send Greeting.
We, reposing special trust and confidence in your integrity, prudence and ability, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint you, the said William S. Smith, Secretary to our legation to his Britannic Majesty. This Commission to continue in force for the space of three Years from this day, unless sooner revoked.
In Testimony whereof, we have caused the Seal of the United States to be hereunto affixed. Witness, His Excellency R. H. Lee, our President, at the City of New York, thisday ofin the year of our Lord, 1785, and of our Sovereignty and Independence, the 9th.
Ordered, That the said forms be referred to the Secretary for Foreign Affairs to take order.
The Secretary for Foreign Affairs having also reported a Letter of Credence for Mr. J. Adams,
Ordered, That it be referred back to the Secretary for Foreign Affairs, and that he make out a Letter of Credence for Mr. Adams in the common manner, taking care not to have any reference to former disputes.1
[Note 1: 1 The letter from the Secretary for Foreign Affairs transmitting above forms is in the Papers of the Continental Congress, No. 80, I, folio 159. The drafts of the commissions, bearing the amendments by Congress in Charles Thomson's writing, are on folios 161 and 165. Jay's draft of a letter to King George III is on folio 163. This was not approved by Congress,]
The Committee consisting of Mr. [Jacob] Read, Mr. [Elbridge] Gerry, and Mr. [Charles] Pinckney to whom was referred a Letter of the 29th January, 1785, from the Secretary for foreign Affairs, Report,
That by the Act of Congress of the 22d. February, 1782, the Secretary for the Department of foreign Affairs is authorised to appoint a Secretary with a Salary of one thousand Dollars a Year, and one or if necessary more Clerks whose Salaries should be five hundred Dollars each per annum.
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That by a subsequent Act of Congress of the 1st March, 1782, the Secretary for foreign Affairs is authorised to appoint two under Secretaries, with a Salary to the first of 800 Dollars a Year and to the second of 700 Dollars--and so much of the Act of the 22d. Febd., 1782, is thereby repealed as annexes the Salary of 1000 Dollars to that Appointment.
That the latter Arrangement appears to have taken place, at the Instance of the then Secy. for foreign Affairs, in order to enable him to take a Gentleman into the Office whom he found very proper, and who declined serving in the Capacity of a Clerk.
That after a Suspension of the Department for foreign Affairs for nine Months, Congress on the 1st March, 1784, appointed an Under Secretary, who in Obedience to their Orders took charge of the Papers, and has acted in the Office continually since as under Secretary and Clerk without other aid, till the appointment of the present Secretary for foreign Affairs.
Your Committee conceive that when Congress elected the under Secretary he ought to have been entitled to the Salary annexed, at the first Establishment of the Departmt to the Office of under Secretary.
Your Committee therefore recommend that it be
Resolved, That the Act of Congress of the 1st. Day of March, 1782, authorising the Secretary for foreign Affairs to appoint two under Secretaries be repealed, and that so much of the Act of the 22d. February, 1782, as was repealed by the said Act of the 1st March, 1782, be declared to be of full Force and Effect, and so construed and taken from the 1st Day of March, 1784.1
[Note 1: 1 The report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 25, II, folio 423. According to the indorsement it was read this day and passed April 12.]
The Committee to whom was referred the Memorial of J. G. Dericks, report,
That on Novr., 1776, J. G. Dericks, recd. the Commission of a Captn. in one of the Pensylva. Regiments in the Line of the Army.
That on the next Year conceiving the Pay of a Captn. insufficient he requested an Appointmt. in the Staf Departmt. and was accordingly appointed Dep. Qr. Mastr. under Genl. Mifflin with the Rank of a Lieut. Col. the Duties of which Office he discharged for some Time.
That on the 16th. of Octr., 1778, Mr. Gosuinus Erkelins of Holland, who was then occasionally in Connecticut, formed a Plan of borrowing
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2 millns. Sterlg. in Holland, he proposed that Mr. Diricks should be sent to the United Netherlands to attempt the Loan and proposed to follow himself and take Charge of the Money if any could be obtained. They prevaild on Govr. Trumbull by a Letter of that date to recommend them and their Scheme to Congress.
It appears by the Letter of Govr. Trumbull and by a Letter of Mr. Erkelens that Mr. Diricks proposed to go and return at his private Expence. The ostensible object at that Time was to get Honorary Promotion or some public Character.
That on the 5th. of Novr. 1778, Mr. Diricks was gratified with the Rank of Lieut. Col. by Brevet as a Testimony of his merit and Services in the Armies of the U. S. and was permitted to return to the Netherlands, but Congress resolved at the same Time that they were not prepared to adopt the Scheme of a Negotiation of a Loan.
That after Col. Dirick's Return from Holland he seems to have altered his Propositions, for instead of serving the U. S. without Reward, he requested Pay though he had not been in their Service, and he was gratified, for on the 29th. Decr., 1779, Congress
Resolved, That--In consideration of the peculiar Circumstances attending the Case of Lieut. Col. Dirick, that Gentleman, receives the Pay and subsistence of a Lieut. Col., in the Army of the U. S. from the date of his Brevet until further orders of Congress.
On the following Year Col. Diricks, seems again desirous of visiting his friends in Holland for on the 12th. of Augt. 1780 it was Resolved,
That Col. Diricks have leave of absence, according to his Request till further Order of Congress, and in order to enable him to return Home it appears that on the 18th. of the same Month he was furnished with a draught on Mr. Jay in Europe for 450 Dlrs. on Accot.
Your Committee observe that on the following year, Col. Diricks seems to have been desirous of returning to the Line of the Army, for they find that on the 17th May 1781, it was Resolved, That L. C. Diricks, be informed that though Congress have the most satisfactory Proofs of his Zeal and Capacity to serve the U. S. it is impracticable to employ him in the Service of these states consistent with the Arrangent. of the Army; that his Accots. for Pay and subsistence be settled by the Board of Treasury, up to this day, that they take Order for the Paymt. of the Balance that shall be due to him together with a Sum of One Years Pay, and that henceforward he be no longer entitled to pay and Subsistence.
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Your Committee are therefore of the Opinion, that Col. Diricks has no remaining Claims against the U. S. Congress having long since taken their final Resolutions on that Subject.
As Col. Diricks seems desirous to obtain some certificate which may be of Use to him in obtaining military Rank in his native Country, Your Committee submit the following Resolve,
That the Secy. at War or in his absence the Secy. in the War Office be instructed to grant a Certificate to J. G. Diricks Esqr. lately a Lieut. Col. in the Army of the U. S. signifying that he has served the U. S. for some Time in the Line of the Army, and afterwards as an Assistant to the Qr. Mr. Genl.: That as a military Officer he has been justly esteemed for his Bravery and Vigilance, and that in all Cases he has recommended himself by his Zeal, Industry and Integrity.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, II, folio 103. Dericks' memorial is in No. 41, II, folio 573.
The following undated memorandum, in the writing of Hugh Williamson, is on folio 95:
By the Journal of Congress it appears that on the 18th. May 1778, J. G. Derricks Petition to be appointed Colonel was ordered to lye on the Table 19th. D' it was dismiss'd.
Novr. 5th. 1778, J. G. comply'd Derricks promoted to the Rank of Lieut. Col. by Brevet as a Testimony of his merit and services, and permitted to return to the United Netherlands, at same Time, resolved, that Congress are not prepared to adopt a scheme proposed for negotiating a Loan in the united Netherlands.
Decr. 23d., 1778, Coll. Derrick having informed Congress that on his arrival in Holland he should correspond with Dr. Franklin in Paris and wished that his Name might be mentioned to that Minister, Ordered, that it be comply'd with, Decr. 28th./29th. 1779. Resolved, that in Consideration of the peculiar Circumstances attending the Case of Lieut. Col. Derick that Gentlemen receive the pay and subsistence of a Lieut. Col. in the Army of the U. S. from the date of his Brevet until further order of Congress.
July 12th. 1780, Resolved, That Col. Derricks, have leave of absence according to his Request till the further Order of Congress.
July 18th. Bills of Exchange for 450 Dlrs. drawn on Mr. Jay were advanced him on Accot. of his Pay.
May 17th. 1781, Resolved, That L. C. Derricks be informed that though Congress have the most satisfactory Proofs of his Zeal and Capacity to serve the U. S. it is impracticable to employ him--that his Pay and Subsistence be settled by the Board of Treasury in Specie Value, and that the Bord of D' [Treasury] take order for paymt. of the Balance due him together with a Sum equal to one Year's Pay. This discharged.]
The Committee consisting of Mr. [Hugh] Williamson, Mr. [Richard Dobbs] Spaight [and] Mr. [William] Hindman to whom was referred a Memorial of Wm. Burrows beg leave to Report.
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That from sundry affidavits and Certificates, accompanied by an Act of the Genl. Assembly of the State of Connecticut it appears that William Burrows was a Soldier in the Third Regmt. of the Connecticut Line. While on Duty he recd. a wound in his Knee by which he was rendered lame and unfit for Field or Garrison Duty on which Accot. he was discharged the 10th. of April, 1783. The wound proving incurable his Leg has since been out off. As said Burrows is certainly disabled in consequence of a wound that he received while he was in the public Service your Committee are of the Opinion that he ought to be and is entitled to the Pension of 5 Dlrs. pr. month allowed by the Act of 23 April, 1782, to disabled Soldiers.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 22, folio 237. The indorsement states that it was read this day. Committee Book No. 191 states that the report was filed, the case being "comprehended in the act of 7 June respecting Invalids." Burrows' memorial is in No. 41, I, folio 399 and the papers relating thereto are on folios 413--422.]
[Report of Mr [Jacob] Read, Mr R.[obert R.] Livingston, Mr [Lambert] Cadwallader.]
The Com: to whom were referred a motion from Mr [Jacob] Read, and a motion from Mr R[obert] R. Livingston relative to the communication of the measures that Congress have taken to obtain treaties with the barbary powers, Report:
That the Secretary for foreign Affairs be directed to transmit to the Govrs. or chief executive magistrates of the respective States a copy of the instructions given to the Ministers of these States in Europe as far as they relate to entering into treaties with the States of Barbary, together with such other subsequent resolutions of Congress as have been entered into on that subject excepting however out of such communication any mention of the sum appropriated by Congress for these purposes.2
[Note 2: 2 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 25, II, folio 421. The indorsement indicates that it was read on this day,]
The Committee, consisting of Mr. [Hugh] Williamson, Mr. [Joseph Platt] Cooke and Mr. [Abiel] Foster, to whom was refer'd the Memorial of Captn. Seth Harding, who states that in fitting out the Frigate Confederacy he advanced money to the U. S. which has not hitherto been repaid him. That in the early Part of the War he was very successful in cruizing against the Enemy but he afterwards lost by
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Depretiation a great Part of the Money he had gain'd. That when he was captured in the Confederacy he lost his Share of the Prizes which he had taken in that Ship.
That the Balance due him for Wages and other Accots. is from twelve to thirteen hundred Pounds counting the Dollr. at 7/6 with Interest which Balance he requests may be paid him immediately submit the following Report:
That though Captn. Harding appears to have been au active and in many Instances a successful Officer there does not appear to be any thing in his Case which gives him a Claim to immediate Payment in Preference to other Officers of the Army or Navy.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, III, folio 47. The indorsement states that it was read this day.]
The Com: [Mr. Robert R. Livingston, Mr. James McHenry, Mr. David Howell, and Mr. James Monroe] to whom were refd the petition of the Inhabitants of the Kaskaskies and its vicinity, and the papers relative thereto, Report,
That the Comr. to be appointed by Congress agreable to their resolution of theof Feby last, be invested with full power to Examine into the titles and possessions of those Inhabitants of the country whose rights were designed to be saved by the treaty entered into with them by Genl Clarke; to judge of them upon the best evidence which he can collect, and to be governed therein by the laws and customs which have heretofore prevailed among them, always inclining to support antient possessions against recent claims.
That he cause to be surveyed every tract of land so claimed or possessed, a record of which survey shall be kept in the office of the clerk or register to be appointed for that purpose, which shall be satisfactory evidence of title, unless an appeal is lodged within four (4) months from the time of making such record; in which cause such appeal shall be tried by Courts to be instituted on the future organization of the government of that country.
That he adjust interfering claims among the settlers, subsequent to the date of the aforesaid capitulation, in such mode as he conceives most equitable; that he assign Lands as well to those as to others who shall migrate thither, provided that no Lands be assigned to any other than to settlers, and not more thanacres to each family; and that the persons occupying such Lands agree to pay therefor such consideration as Congress may direct, when the federal Land
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Office shall be opened in such State. That he mark out convenient districts, and summon the inhabitants of each to elect three or more magistrates, who shall be invested with power and authority to hear and determine all civil Controversies not relative to the property in Lands, agreeably to the Laws, usages and customs that prevail in such districts. That the Commissioner, with not less than three of the said magistrates, the whole being summoned and having a right to attend, be a court of criminal jurisdiction; provided that the punishment to be adjudged by the said Court, shall in no case extend to the loss of life, limb or member, except where such punishment might legally have been inflicted by the laws that heretofore prevailed in the late Colony and now State of Virginia; and provided also, that at least three-fourths of the magistrates and the said Commissioner concur in the sentence.
That the Commissioner, with the advice and consent of the above magistrates, appoint executive Officers in the respective districts to carry their decrees into execution.
That he explain to the inhabitants of the said district, such resolutions and proceedings of the United States in Congress, as respect the same, and endeavour to form their habits for the reception of a free republican government.
That he preserve peace with the Indian Nations, not permitting any settlement upon their Lands until a previous purchase has been made from them with all due solemnity.
That he arrange, officer and command the militia of the district, taking such posts as may be necessary for their protection and security. That he make early and accurate returns to Congress, of the nature, advantages and disadvantages of the Country, the number of its inhabitants, their military force, their customs and their dispositions with respect to the United States, their wealth, agriculture and commerce. That he extend his inquiries to the settlements in his vicinity on the Western side of the Missisipi, and make returns to Congress of the result thereof, relative to all the objects abovementioned--
That previous to his entering upon Office, he take and subscribe an oath of fidelity to the United States, and for the true and faithful discharge of the above powers, before the Commanding Officer at fort Pitt, who is empowered to administer the same, and directed to transmit a copy thereof to the Secretary of Congress.
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That he continue in office three years unless sooner discharged by Congress.
That a Secretary who shall act as register of the said district be appointed by Congress to attend the said Commissioner, and discharge the duties above assigned to the register. That he continue in Office three years unless sooner recalled by Congress.
That the yearly Salary of the said Commissioner bedollars including his expences.
That the yearly Salary of the Secretary including his expences bedollars.
That the Secretary in the war Office furnish the said Commissioner with 25 Men out of those already inlisted, and that the Comr. endeavour to engage them to reenlist for the term of two years.1
[Note 1: 1 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 30, folio 483. The indorsement states that it was read on this day and Thursday, March--assigned for consideration; but Committee Book No. 191 has a later note that it was "rendered unnecessary by act of 17 June, 1785."
March 14: The following committees were appointed:
Of the Week: Mr. J[ohn] Henry, Mr. [William] Grayson and Mr. [James] Monroe.
Mr. [William] Ellery, Mr. [Samuel] Hardy and Mr. [Pierse] Long, on letter of March 11, from Joseph Pennell, commissioner for settling marine accounts, relative to William Henry's petition. It was read this day and is in the Papers of the Continental Congress, No. 31, folio 113. The committee reported March 16.
Mr. [Rufus] King, Mr. [Samuel] Hardy and Mr. [David] Howell, on the memorial of Augustin Prevost, Jr., dated March 11, claiming lands on right of his wife, who was the daughter of Col. George Croghan. It was read this day and is in No. 41, VIII, folio 205. The committee reported May 2.
Mr. [Samuel] Holten, Mr. [Samuel] Hardy, Mr. [William] Ellery, Mr. [William Samuel] Johnson and Mr. J[ohn] Henry, on the letter of J. Davidson and proceedings of the Admiralty court in the case of the sloop Chester and the representation of the Minister of the Netherlands. This business had been referred December 1, 1784, to the committee of that date on the letters from the Ministers of the United States abroad. The membership then was Mr. [Samuel] Holten, Mr. [William C.] Houston, Mr. [Jacob] Read, Mr. Gunning Bedford and Mr. [Samuel] Hardy. The committee of March 14 was discharged March 18 and the business referred to the Secretary for Foreign Affairs.
Mr. [William] Houstoun, Mr. [John] Bull and Mr. [Charles] Pinckney, on the petitions of Job Whipple and Josiah Converse. Reports were rendered April 18. This was a renewal of the committee of December 8, Mr. [Jacob] Read, Mr. [William C.] Houston and Mr. Bull.
Mr. [Samuel] Holten, Mr. [James] Monroe and Mr. [William Samuel] Johnson, on the letter of December 19, 1784, from the War Office regarding courts martial and deserters. The business was, later, referred to the Secretary at War to report. This committee was a renewal of the committee of December 22, 1784, which was Mr. [Jacob] Read, Mr. [Samuel] Holten and Mr. [James] Monroe.
Mr. [James] Monroe and Mr. [Rufus] King, on the letter of September 30, 1784, from the Superintendent of Finance, and his letter of November 1 tendering his resignation. This was a renewal of the committee of January 17. The letter of November 1, 1784, is in No. 137, III, folio 753 and Morris's commission is on folio 751.
Mr. [John] Beatty, Mr. [David] Howell, Mr. [Samuel] Hardy, Mr. [Rufus] King and Mr. [William Samuel] Johnson, on qualifications. This was a renewal of the committee of January 17.
Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Samuel] Hardy, to enquire fully into the proceedings of the Department of Finance, "including the several branches of the same." See resolve of June 17, 1782.
Mr. [James] Monroe, Mr. R. R. Livingston, Mr. [Samuel] Holten, Mr. [William] Ellery and Mr. J[ohn] Henry, to enquire into the proceedings of the Department of Foreign Affairs and report thereon. See resolve of June 17, 1782.
Mr. [Lambert] Cadwallader, Mr. [Pierse] Long, Mr. [William] Grayson, Mr. [James] McHenry and Mr. [Richard Dobbs] Spaight, to enquire into the proceedings of the Department of War and report thereon. See resolve of June 17, 1782.
Mr. [William] Ellery, Mr. [John] Sitgreaves, Mr. [Abiel] Foster, Mr. [Charles] Pinckney and Mr. [William] Hindman, to enquire into the proceedings of the Marine Department and report thereon. See resolve of June 17, 1782.
Mr. [Zephaniah] Platt, Mr. [Joseph P.] Cook, Mr. [John] Bull, Mr. W[illiam] Henry and Mr. [Joseph] Gardner, to enquire into the proceedings of the Post Office and report thereon. See resolve of June 17, 1782.
Mr. [James] Monroe, Mr. [Samuel] Hardy, Mr. [William S.] Johnson, and Mr. [Rufus] King, to revise the plan of a convention for regulating the powers and privileges of consuls, vice-consuls and agents which has been sent to the Ministers of the U. S. to be proposed to the Court of Versailles and also the letter of September 17, 1784, from Thomas Barclay. This was a renewal of the committee of January 17. Mr. [William] Ellery was added to the committee June 20 and the committee discharged June 24.
Mr. [Hugh] Williamson, Mr. [Samuel] Hardy, Mr. [Samuel] Holten, Mr. [Richard Dobbs] Spaight and Mr. [William] Ellery, on papers respecting the capture of the schooner Good Fortune and condemnation of said schooner by the court of admiralty at Cape Français. This was a renewal of the committee of January 17, and this March 14 committee was renewed August 8.
Mr. [William] Houstoun, Mr. [David] Howell and Mr. [Samuel] Holten, to prepare an ordinance for the better regulating the Post Office. This was a renewal of the committee of February 28 and Mr. [William] Grayson was added to this committee April 8, Mr. [Samuel] Dick May 18, and the committee renewed December 27.
Mr. [Rufus] King, Mr. [William] Pinckney and Mr. [Samuel] Hardy, for repealing the resolve of February 3 "so far as the Comrs are severally bound for the trust reposed in the board." A report was rendered March 15.
On Qualifications: Mr. [John] Beatty, Mr. [David] Howell, Mr. [Samuel] Hardy, Mr. [Rufus] King, and Mr. [William Samuel] Johnson. This committee was renewed May 2. See ante, January 17.
Committee Book No. 190.
Also, according to Committee Book No. 190, and the indorsement thereon, the letter from James Read, Secretary of the Marine Office, dated March 7, enclosing a copy of a letter from John Paul Jones, of December 17, 1784, asking for copies of the muster rolls of the Bonhomme Richard and the Alliance, was referred to the Secretary for Foreign Affairs to take order. Read's letter is in the Papers of the Continental Congress, No. 168, I, folio 484, and the copy of Jones' letter is on folio 486.
Also, the committee of November 30, 1784 (Mr. John Bull, Mr. William Ellery and Mr. William Henry) reported on the letters of John Pierce, of November 6, 1784, and of B. Thompson, of November 22, 1784. Committee Book No. 191 states that the report on Pierce's letter was recommitted on April 4.
Also, Mr. [Joseph] Gardner was this day substituted for Mr. [Jacob] Read on the committee of February 7, on the report on Invalids.
Also, on this day, according to Committee Book No. 191, the report on Benjamin Walker's petition was recommitted. The same committee reported again March 28.
Also, according to Committee Book No. 186, a report was rendered on Mr. John Francis Mercer's motion of December 17, 1784. See ante, January 17, 1785 and post, March 15.]
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