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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 28, 1785.
Congress assembled. Present, New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina and South Carolina; and from the State of Massachusetts, Mr. [Rufus] King, and from Georgia, Mr. [William] Houstoun.
A letter, of 6, from Isaac Smith, esq. was read, informing, that he accepts the appointment of one of the judges of the federal court, for hearing and determining the controversy between the States of Massachusetts and New York.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XXI, folio 367.]
The committee, consisting of Mr. [Samuel] Hardy, Mr. [James] Monroe, Mr. [Rufus] King, Mr. [William Samuel] Johnson and Mr. [James] M'Henry, to whom was referred a memorial from the merchants of New York, setting forth the peculiar losses they have sustained during the late war, by their exertions to support the credit of the paper currency, report,
That they have had the said memorial under their consideration, and have weighed the subject matter with that degree of attention which an application from so respectable a class of citizens deserved. That they are impressed with a thorough conviction of the heavy losses they have sustained during the late war, from the depreciation of the paper currency, loan-office certificates, and other public securities. That when the Committee, in addition to such losses, contemplate the merit of those who suffered them, it cannot but increase their concern, that the power of relief is not at present within the compass of the federal resources, without making a discrimination between them and other citizens in different parts of the Union, who have sustained losses of the same nature and in the same a similar extent. But that whilst they view such a discrimination as inconsistent with the principles of private justice and the public
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interest and under this impression forbear to advise it, they entertain so perfect strong a sense of the losses sustained by the said memorialists and their claim to every degree of attention, that they deem it expedient to recommend them to the notice of the legislature of the state of New York. Whereupon,
Resolved, That the claim of the said Memorialists be referred to the legislature of the state of New York, and that it be recommended to them to make such provision for them the memorialists, as the situation of the government will admit of they may judge proper, in consideration of their merits.1
[Note 1: 1 The report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 20, I, folio 417. The words lined out so appear in the report and not in the Journal.]
The Committee consisting of [Mr. Pierse Long, Mr. Joseph Gardner and Mr. Samuel Hardy] to whom was referred the petition of Robt. Patton beg leave to Report, That they find he has served Congress sometimes as Messenger at other times as doorkeeper and often in both capacities for a number of years past, and has had the extra allowance of ten dollars per month, therefore up to the 26th. May last. But it appear to your Committee that said Patton has been without an assistant from said time till Congress came to this City--Induces them to submit the following resolution--
That Robert Patton be allowed seventy five dollars for 7 & ½ months extra services from the 26th. May last to the time Congress met in this City.2
[Note 2: 2 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress, No. 19, V, folio 51. It was acted on May 27. Patton's memorial is in No. 42, VI, folio 304.]
The Committee consisting of Messrs. [William] Ellery, [James] Monroe, [Jacob] Read, [Hugh] Williamson and [Richard Dobbs] Speight to whom was referred the petition of Jonathan Eddy and others, refugees from Nova Scotia, setting [forth] that on accounts of their opposition to British measures they were exiled from their habitation and proscribed by their enemies, their houses were burned and their stock and other personal property wasted and destroyed and considerable rewards offered for the heads of the most active among them,
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that ever since their misfortune they have been inhabitants of the United States and have served the cause of America in the field or in such other way as their abilities permitted--That they now find themselves destitute of a home for their retirement, of property for their support and of all hope of assistance but from the justice and humanity of Congress; and pray that the may receive some compensation for their losses. Whereupon your Committee submit the following resolution--
That Jonathan Eddy and other refugees from Nova Scotia on account of their attachment to the interest of the United States be recommended to the humanity & particular attention of the several states in which they respectively reside and that they be [informed that whenever Congress can consistently make grants of land they will reward in this way as far as may be consistent such refugees from Nova Scotia, as may be disposed to live in the Western Country.]1
[Note 1: 1 This report, in the writing of William Ellery, except the part in brackets which is in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, II, folio 197. It was read this day and the resolve passed April 13.]
The Committee consisting of [Mr. James Monroe, Mr. Richard Dobbs Spaight, Mr. William Houstoun, Mr. William Samuel Johnson and Mr. Rufus King] to whom was referred the motion of Mr. [James] Monroe, submit the following report.
That the first paragraph of the 9th. of the Articles of Confederation be altered so as to Read thus--viz.
"The United States in Congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth Article, of sending and receiving Ambassadors, entering into treaties and alliances, of regulating the trade of the States, as well with foreign Nations, as with each other, and of laying such imposts and duties upon imports and exports, as may be necessary for the purpose; provided that the Citizens of the States shall in no instance be subjected to pay higher imposts and duties, than those imposed on the subjects of foreign powers; provided also that the Legislative power of the several States shall not be restrained from prohibiting the importation or exportation of any species of goods or commodities whatsoever; provided also that all such duties as may be imposed, shall be collected under the authority and accrue to the use of the State in which the same shall be payable. And provided lastly that every Act of Congress for the above purpose shall have the assent of nine States in Congress assembled--of establishing
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rules for deciding in all cases what Captures on Land or Water, shall be legal, and in what manner prizes taken by Land or Naval forces in the service of the United States shall be divided or appropriated; of granting Letters of Marque and reprisal in time of peace--appointing Courts for the trial of piracies and felonies committed on the high seas, and establishing Courts for receiving and determining finally appeals in all cases of Captures, provided that no Member of Congress shall be appointed judge of any of the said Courts."
That the following Letter be addressed to the Legislatures of the several States shewing the principles on which the above alteration is proposed.
"The United States having formed treaties of commerce with the most Christian King, the King of Sweden, and the States General of the United Netherlands, and having appointed Ministers with full authority to enter into treaties with other powers, upon such principles of reciprocity as may promote their peace, harmony and respective interests, it becomes necessary that such internal arrangements should be made, as may strictly comply with the faith of those treaties and insure success to their future negotiations. But in the pursuit of the means necessary for the attainment of those ends, considerable difficulties arise. If the Legislature of each State adopts its own measures many and very eminent disadvantages must in their opinion necessarily result therefrom. They apprehend it will be difficult for thirteen different Legislatures acting separately and distinctly to agree in the same interpretation of a treaty, to take the same measures, for carrying it into effect and to conduct their several operations upon such principles as to satisfy those powers, and at the same time preserve the harmony and interests of the Union: Or to concur in those measures which may be necessary to counteract the policy of those powers with whom they shall not be able to form Commercial treaties, and who avoid it merely from an opinion of their imbecility and indecission. And if the several States levy different duties upon their particular produce, exported to the ports of those powers, or upon the produce and manufactures of those powers imported into each State, either in Vessels navigated by and belonging to the Citizens of these States, or the Subjects of those powers, it will, they apprehend, induce on their part, similar discriminations in the duties upon the Commercial intercourse with each State, and thereby defeat the object of those treaties, and promote the designs of those who wish to profit from their embarrassment.
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Unless the United States in Congress assembled are authorized to make those arrangements which became necessary under their Treaties, and are enabled to carry them into effect, they cannot complain of a violation of them on the part of other powers. And unless they act in concert in the system of policy, which may be necessary to frustrate the designs of those powers who lay injurious restraints on their trade, they must necessarily become the victims of their own indiscretion.
The common principle upon which a friendly Commercial intercourse is conducted, between independant nations is that of reciprocal advantage, and if this is not obtained, it becomes the duty of the losing party, to make such further regulations consistently with the faith of treaties as will remedy the evil, and secure its interests. If then the Commercial regulations, of any foreign power, contravene the interests of any particular State, if they refuse admittance to its produce into its ports, upon the same terms that the State admits its manufactures here, what course, will it take to remedy the evil? If it makes similar regulations to counteract those of that power by reciprocating the disadvantages which it feels, by imposts or otherwise, will it produce the desired effect? What operation will it have upon the neighbouring States? Will they enter into similar regulations, and make it a common Cause? On the contrary will they not in pursuit of the same local policy avail themselves of this circumstance, to turn it to their particular advantage? Thus then we behold the several States taking separate measures in pursuit of their particular interests, in opposition to the regulations of foreign powers, and separately aiding those powers to defeat the regulations of each other; for unless the States act together there is no plan of policy into which they can seperately enter which they wilt not be seperately interested to defeat, and of Course all their measures, must prove vain and abortive.
The policy of each nation in its commercial intercourse with other powers is to obtain, if possible, the principal share of the carriage of the materials of either party and this can only be effected by laying higher duties upon imports and exports in foreign Vessels, Navigated by the subjects of foreign powers, than in those which belong to and are Navigated by those of its own dominions. This principle prevails in a greater or less degree in the regulations of the oldest and wisest commercial nations with respect to each other, and will of course be extended to these States. Unless therefore they possess a reciprocal
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power, its operation must produce the most mischievous effects. Unable to counteract the restrictions of those powers by similar restrictions here, or to support the interests of their Citizens by discriminations in their favour, their system will prevail. Possessing no advantages in the ports of his own Country, and subjected to much higher duties and restrictions, in those of other powers, it will Necessarily become the interest of the American Merchant to ship his produce in Foreign bottoms; of course their prospects of National consequence must decline, their merchants become only the agents and retailers of those of foreign powers, their extensive forrests be hewn down and laid waste to add to their strength and National resources, and the American flag be rarely seen upon the face of the Seas.
But if they Act as a nation the prospect is more favourable to them. The particular interest of every State will then be brought forward and receive a foederal support. Happily for them no measures can be taken to promote the interests of either, which will not equally promote that of the whole. If their commerce is laid under injurious restrictions, in foreign ports, by going hand in hand in confidence together, by wise and equitable regulations they will the more easily sustain the inconvenience or remedy the evil. If they wish to cement the Union by the Strongest ties of interest and affection, if they wish to promote its strength and grandeur founded upon that of each individual State, every consideration of local, as well as of foederal policy urge them to adopt the following recommendation.
The situation of the Commercial affairs of the Union requires that the several Legislatures should come to the earliest decision on the subject, which they now submit to their consideration. They have weighed it with that profound attention which is due to so important an object, and are fully convinced of its expedience. A further delay must be productive of inconvenience. The interests which will vest in every part of the Union, must soon take root and have their influence. The produce raised upon the banks of those great Rivers and Lakes which have their sources high up in the interior parts of the Continent will empty itself into the Atlantic in different directions, and of course as the States rearing to the Westward, attain maturity and get admission into the Confederation, will their government become more complicated. Whether this will be the source of strength and wealth to the Union must therefore in a great degree depend upon the measures which may be now adopted.
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A temporary power would not in their opinion enable the United States to establish the interests nor attain the salutary objects which they propose; the expectation that it will revert to the States and remain with them for the future would lessen its weight with foreign powers, and while the interests of each State and of the foederal government continue to be the same, the same evils will always require the same correction; and of course the necessary power should always be lodged in the same hands. They have therefore thought proper to propose an efficient and perpetual remedy.1
[Note 1: 1 This report, in the writing of clerks, is in the Papers of the Continental Congress, No. 24, folios 125--134. The indorsement states that it was read this day, and Tuesday April 6 [5] assigned for its consideration. On folio 135 is a printed copy of the report and the indorsement states that on July 13, 1785, it was referred to the committee of the whole and filed October 26, 1787.]
The Committee [Mr. Samuel Hardy, Mr. James Monroe and Mr. Robert R. Livingston] to whom were recommitted the report on Mr. [James] Monroe's motion, together with a motion from Mr. [Rufus King, submit the following report:
That from the expressions in General Washington's address to Congress at the time of his resignation, relative to an attention to the Army in general, and the patronage of the Officers of his family. in particular, your Committee are of opinion that neither the intention of General Washington or the engagement of Congress can be construed to apply to any Officers of his family except those who attended on his person at the time of his resignation, and consequently that only Colo. Humphreys and Major Walker are entitled to any advantages arising from such recommendation.
This opinion your Committee conceive is warranted by two considerations: first, that the recommendation of Gen. Washington and the engagement of Congress seem to have had for their object promotion to office and not any pecuniary reward. And secondly that if construed to comprehend all those who had been of his family during the course of the war, the stipulation would throw men of one particular description only into all the offices that may be created under such a peace establishment as will probably be formed, and also most others within the gift of Congress, which your Committee conceive could never have been intended by either Congress or Gen. Washington.
Whereupon Resolved, That the Commissioners of the Treasury be instructed to receive from Major Walker, certificates to the amount
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of the pay due him for his services in the late war, and to advance him in lieu thereof, specie to such amount.1
[Note 1: 1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 19, VI, folio 139. The indorsement states that it was read on this day. See ante, March 8, and Committee Book No. 191 states that it was transferred.
On this day, according to the indorsement, was read a memorial from John Denny, dated March 8, 1785, praying for assistance. It is in No. 41, II, folio 525. See post, March 31.
Also, was read a memorial of William McCormick, of Ireland, asking the patronage of Congress in establishing a cotton manufacture in the United States. It is in No. 41, VI, folio 397. See post, March 31.]
The committee consisting of Mr. [Rufus] King, Mr. J[ohn] Henry and Mr. [David] Howell charged with the examination of Benjamin Davison touching his knowledge of the practice of certain persons in counterfeiting the certificates issued by the paymaster General Mr. Pierce submit the following report--
The committee have carefully examined Benjamin Davison, voluntarily offering himself to give information, relative to the counterfeits of the certificates of the paymaster General of the late Army Mr. Pierce, and have caused the said Davison's deposition to be taken and sworn to before Mr. Alderman Wool of this City, which the committee herewith deliver. In addition to the persons mentioned in the Deposition of Davison, he named one William Denis and one Joshua Marsh, as connected in passing the counterfeits aforesaid, who are at this time, as Davison informs, in Gaol at Providence in the state of R. Island, upon a charge of knowingly passing counterfeits of the aforesd. certificates. From the particular, and circumstantial, information of Davison, the committee are of opinion, that Credit should so far be given to the same, that farther measures should be adopted to investigate the Truth of it, and thereupon submit the following order--That the Secretary of Congress be directed without delay, to transmit a copy of the Deposition of the aforesaid Davison, and of this Report, to the respective Executives of N. Hampshire, Massachusetts, and Rh. Island and that he state to them respectively, the great importance of adopting the most cautious and speedy measures to secure and bring to Justice the individuals, of a combination so dangerous to public credit and individual safety injurious to private property and dangerous to the Public Credit.2
[Note 2: 2 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 167, folio 189. According to the indorsement, it was read this day and referred to the Secretary of Congress to take order.]
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The Com?ee consisting of Mr. [William] Ellery, Mr. [John] Bull and Mr. [Samuel] Holten to whom a memorial of John Halsted of the 23d. March 1785, and another of the 11th. of Feby., 1784, with its inclosures and a report thereon were committed, Report,
That the memorialist acted as commissary to the army in Canada at the request and by the appointment of Genl. Montgomery, that on the sudden retreat of the army from before Quebec he lost a considerable part of his vouchers for supplies, that in consequence of a reference on the 20th. of Sept. 1783, of a memorial of the said John Halsted (the memorialist) to the late Super-intt. of finance he directed the Commisrs. of accounts for the Commy's department to report to him a state of facts and his opinion; which the sd. Superintendt. inclosed in a letter to Congress dated Sept. 29th. 1783 for their inspection, and that thereupon Congress on the 1st. of Octr. 1783 Resolved "that the accounts of John Halsted be settled on the principles stated in the said report."
That from the said Statement of Jonathan Burrall, Commissioner for the Commy's department it appears that the ballance of thirteen hundred and twenty six dollars and 80/90 became due to the Memorialist in May 1776; And it further appears that the memorialist had, on the 30th. Oct. 1783, received of the late Superintt. of finance four hundred dollars.
Whereupon your Com?ee submit the following resolution,
Resolved, That the Com?rs of the Treasury take order for paying to John Halsted the sum of thirteen hund. and twenty six dollars and 80/90 being the ballance which became due to him May 1776, according to an adjustment of his account by Jonathan Burrall Commr of the Commy department, with the interest thereof, or such part of said ballance as the state of the finances will admit; first deducting therefrom the sum of four hundred dollars paid to the said Halsted by the late Super-intendt. of finance on the 30th. of Oct. 1783.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 19, III, folio 13. Halsted's memorials are in No. 42, III, folios 461 and 463, which last is indorsed "June 12th. papers enclosed transmitted to the Bd. of Treasury." The report was "Passed June 4."]
The Committee [consisting of Mr. Rufus King, Mr. R. R. Livingston and Mr. William Ellery] to whom were referred the Memorial of Samuel Frauncis, report.
That it appears to them from authentic papers that the memorialist has been uniformly and steadily attached to the interests of America.
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That they have reason to believe that he was instrumental in discovering and defeating a design upon the life of Genl. Washington. That he frequently communicated the most important intelligence to the Commander in Chief. That his house was an asylum to our countrymen when prisoners as well as to the subjects of our ally as appears by a variety of certificates. That he expended considerable sums acquired by his daily labour in the support of the Captive Americans. That in order to render their situation more easy he advanced them specie upon certificates without anyof profit thereon. That from these circumstances the memorialist is greatly reduced that his house now occupied by the Secretary for the Department of Foreign affairs, and the Secretary in the War Office is under mortgage for the sum of £650 New York currency, that unless Congress afford him the means of discharging the mortgage it must be disposed of at much less than its value.
Your Committee are therefore of opinion that Congress come to the following resolutions:--
That in consideration of the singular services of the said Samuel Frauncis and of his advances to the American prisoners, that the sum of 2,000 dollars be paid to the said Samuel Frauncis on account of the Loan offices Certificates in his hands, and they be delivered up and cancelled.1
[Note 1: 1 This report, in the writing of R. R. Livingston, is in the Papers of the Continental Congress, No. 19, II, folio 325. It was acted on April 4.
March 28: The following committees were appointed:
Committee of the Week: Mr. [Archibald] Stewart, Mr. [John] Vining and Mr. [Hugh] Williamson.
Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [James] McHenry, on the petition of Samuel Parsons, dated March 22, for payment of balance due him. It was read this day and the committee reported March 31. The petition is in the Papers of the Continental Congress, No. 42, VI, folio 310.
Mr. [Joseph Platt] Cook, Mr. [William] Grayson and Mr. [David] Howell, on a letter of March 25 from Giles Wolcott, with William Denny's report on Wolcott's accounts, which were read this day and reported on April 4. Wolcott's letter is in No. 41, X, folio 613.
Mr. [Charles] Pinckney, Mr. R. R. Livingston, Mr. [Rufus] King, Mr. [James] Monroe and Mr. [John] Beatty, on a motion of Mr. [David] Howell on rehearings in the court of appeals. The report of the committee of March 7 on the letter of December 23, 1784, from C. Griffin and J. Lowell and on the memorials, of G. Meade, Prager, Ellis and Huggs was also referred to this committee who reported April 4.
Committee Book No. 190.
Also, on this day, according to the indorsement, a letter from John Jay, dated March 25, relating to sundry letters from the French chargé d'affaires, on the subject of monies advanced by the French Treasury to the United States, was read and referred back to the Secretary for Foreign Affairs to report. It is in No. 80, I, folio 121. Jay reported March 31.]
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