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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, APRIL 18, 1785.1
[Note 1: 1 From this point the entries in the Journal are in the handwriting of Benjamin Bankson.]
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina and South Carolina; and from the state of Georgia, Mr. [WiLliam] Houstoun.
On the report of a committee, consisting of Mr. [David] Howell, Mr. [Gunning] Bedford, Mr. J[ames] Henry, Mr. [Charles] Pinckney and Mr. [William Samuel] Johnson, to whom was referred a Motion of the Delegates of Massachusetts, relative to a Cession of part of that State's Claims to Western Territory,
Resolved, That Congress, in behalf of the United States, are ready to accept all the right, title, interest, jurisdiction and claim of the State of Massachusetts, to certain Western Lands described in the form of a deed of Cession, in the words following, to wit: "To all who shall see these presents, We, Samuel Holten and Rufus King, the underwritten Delegates for the Commonwealth of Massachusetts, in the Congress of the United States of America, send Greeting: Whereas the General Court of Massachusetts, on the 13th day of November, in the year of our Lord. One thousand seven hundred and Eighty four, passed an Act, entitled (here insert the Title) in the words following, (here insert the Act.) And Whereas the said General Court on the 17th day of March, in the year of our lord 1785, passed one other Act entitled (here insert the title of the 2d Act) in the words
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following, (here insert the 2d Act.) And Whereas the said General Court, on the 17th day of June, in the aforesaid year of our Lord 1784, did nominate and appoint the aforesaid Samuel Holten, and on the 3d day of November following, the aforesaid Rufus King, Delegates to represent the said Commonwealth of Massachusetts, in the Congress of the United States of America, for one year from the first Monday of November in the said year, 1784, which appointment remains in full force. Now therefore, know ye, that we the said Samuel Holten and Rufus King, by virtue of the power and authority to us committed by the said Acts of the General Court of Massachusetts before recited, in the name, and for and on behalf of the said Commonwealth of Massachusetts, do by these presents, assign, transfer, quit claim, cede and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title and estate of and in as well the soil as the jurisdiction, which the said Commonwealth hath to the territory or tract of country within the limits of the Massachusetts Charter, situate and lying west of the following line--That is to say, a meridian line to be drawn
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from the 45th degree of North latitude, through a point 20 miles due west from the most westerly bent or inclination of the river or Strait of Niagara; thence by the said meridian line to the most Southerly side line of the Territory, contained in the Massachusetts Charter aforesaid, for the purposes in the said recited Acts declared, and to the uses in a resolve of Congress, of the 10th day of October, 1780, mentioned. In Testimony whereof, we have hereunto subscribed our names and affixed our Seals in Congress, thisday ofin the year of our Lord 1785, and of the Independence of the United States of America the Ninth;" tendered to Congress by the Delegates of said State, in pursuance of full powers given them for that purpose, whenever the said Delegates shall execute said deed.
And on the question to agree to the preceding resolution, the yeas and nays being required by Mr. [Rufus] King and Mr. [Melancton] Smith,
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[Note 1: 1 The vote is entered also in the Papers of the Continental Congress, No. 30, folio 607.]
So it was resolved in the affirmative.
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The Committee consisting of Mr. [William Samuel] Johnson, Mr. [Rufus] King and Mr. [Abiel] Foster to whom was referred recommitted the motion of Mr. Pinckney, and the papers and accounts of Lt Elholm report, that they find Mr. Elholm is a foreigner and from sundry testimonials it appears to the Committee that in the service of the United States he has conducted himself as a brave and deserving officer. The Committee therefore beg leave to submit the following resolutions.
That the accounts Lt. Augustus Christian George Elholm be referred to the paymaster Commissioner for settling the Army Accounts to adjust and settle.
That the resolution of the 22d. January, 1784, respecting Armand's Corps, and other Foreign Officers be considered as extending to the said Lt. Elholm, and that the State of South Carolina be requested to advance him one fifth of the ballance, which may be found due to him on settlement, and to charge the same to the United States.
That in consideration of the services he has rendered the United States, the Secretary at War be directed to make NEGATIVED. out to Lt. Elholm a brevet Commission of Major in their service.1
[Note 1: 1 This report, in the writing of Abiel Foster, is in the Papers of the Continental Congress, No. 19, II, folio 215. It is indorsed: "Part passed. Last clause negatived." See post, May 11.]
On the report of a committee, consisting of Mr. [William Samuel] Johnson, Mr. [Rufus] King and Mr. [Abiel] Foster, to whom was recommitted their report on a motion of Mr. [Charles] Pinckney, and the papers and accounts of lieutenant Elholm,
Resolved, That the accounts of lieutenant Augustus Christian George Elholm, be referred to the Commissioner for settling the Army Accounts, to be adjusted and settled.
That the resolution of the 22d January, 1784, respecting Armand's Corps, and other foreign Officers, be considered as extending to the said lieutenant Elholm.
And the following Clause of the report of said Committee being under consideration, viz. "That in consideration of the services he has rendered the United States, the Secretary at War be directed to make out to lieutenant Elholm, a brevet Commission of Major in their Service."
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On the question to agree to the same, the yeas and nays were required by Mr. [Hugh] Williamson,
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So the question was lost.
On a report of the Secretary for Foreign Affairs, to whom was referred a Letter to him from the Minister Plenipotentiary of the United Netherlands, of the 26th ultimo and two Commissions from the States General, dated the 17th day of December, 1784, one appointing Herman le Roy, to be their Consul for New York and New Jersey, to reside at New York; and the other appointing Jan Henderick Christiaan Heinekin, to be their Consul for Pennsylvania, and along the river Delaware, to reside at Philadelphia,
Resolved, That the said Commissions be registered in the Secretary's Office, and that thereupon Acts of recognition in due form be immediately issued to the States in question, in order that they may furnish the said Consuls, respectively, with their Exequatur or Notification of their quality, that the same may be made known and published.1
[Note 1: 1 This resolution and the preamble were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5. The report of the Secretary for Foreign Affairs is in No. 81, I, folio 199.]
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The Committee [William Houstoun, John Bull and Charles Pinckney], to whom was refer'd the memorial of Job Whipple are of opinion that the same ought to be sent to the Secretary at War in order that he may suggest some general mode for the relief of such persons.1
[Note 1: 1 This report in the writing of William Houstoun is in the Papers of the Continental Congress, No. 19, VI, folio 557.]
The Committee on the Memorial of Josiah Converse are of opinion that it ought immediately to be refer'd to the Secretary at War.2
[Note 2: 2 This report, in the writing of William Houstoun, is in the Papers of the Continental Congress, No. 19, VI, folio 5571.
On this day Mr. [Samuel] Holten was added to the committee of April 12 on the motion of the delegates of Massachusetts on the expense of a federal army.
Also, according to Committee Book No. 191, the report of the Grand Committee on the requisition of 1785 was recommitted.]
On the report of a committee, consisting of Mr. [William] Houstoun, Mr. [John] Bull and Mr. [Charles] Pinckney, to whom was referred a memorial of Job Whipple,
Ordered, That it be referred to the Secretary at War, and that he suggest some general mode for the relief of all such persons.
On the report of the same Committee, to whom was referred a memorial of Josiah Converse,
Ordered, That it be referred to the Secretary at War.3
[Note 3: 3 Also was read a letter from Joseph Pennell dated April 11, referring to the petitions of Captains Dennis Leary and Seth Harding. It is in No. 31, folio 109. See post, April 19.]
The Committee [consisting of Mr. Rufus King, Mr. John Beatty and Mr. David Howell] to whom was referred the Memorial of Mr. P. Landais report,
That they have examined the claims and accounts of Mr. P. Landais, late Captain of the Frigate Alliance; and that there appears to have been due to mr. Landais on the 6th. Jany., 1781, when he went out of service, seven hundred and fifty-six dollars and 5/10ths. for expenses and subsistence exclusive of moneys received by him of Doctor Franklin, for which he hath accounted, which sum with the interest thereon to the 6th day of May, 1785, amounts to 756.5 dol., and the Committee are of opinion should be paid to Mr. Landais in specie.
The Committee farther report, that there was due to Mr. Landais, for his pay as a Captain in the Navy, on the said sixth of January,
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1781, the sum of 1,800 dollars, which together with the interest thereon to the 6th day of May, 1785, amounts to 2,268 dollars. This sum the Committee are of opinion should be paid to Mr. Landais, in the manner in which foreign officers have usually been paid: viz. One fifth part thereof in Specie, and the remainder by funding it on the public credit.
The Committee farther report, that Mr. Landais by a resolve of Congress of the 6(th March, 1779, was allowed the sum of 12,000 livres as a gratuity for his services in transporting military stores to America; which sum was ordered to be paid immediately to Mr. Landais in France, and for which he stands credited in the Treasury books 2,400 Dollars. The Committee find that Mr. Landais has been ever desirous of receiving the said gratuity; but it hath not been paid to him, whereupon they are of opinion that the same with the interest thereon from the date of the resolve to the 6th. May 1785 amounting to 3,288 dollars be paid in specie to Mr. Landais.
With respect to Mr. Landais' claims relative to prizes carried into France, Holland, and Norway, as that business is unsettled, the committee conceive, that Congress will not at present decide on the claims of Mr. Landais on that Subject. Whereupon they submit the following resolves.
Resolved, that the Bd. of Treasury take order to pay to Mr. Peter Landais four thousand four hundred and ninety eight dollars and one tenth, that Sum being the amount of a gratuity allowed him by a resolve of Congress of the 6th. day of March, 1779, with the interest thereof from that date to the 6th. day of May aforesaid added to the amount of his extra expenses, subsistence, and one fifth part of his pay as a Captain in the Navy while in public Service with the interest thereon from the 6th. day of January, 1781, to the 6th. day of May aforesaid.
Resolved, That the Commissioner for settling the accounts of the Marine Department issue a certificate to Mr. Peter Landais, for eighteen hundred and fourteen dollars and four tenths, bearing an interest of six per cent, and dated the 6th. day of May, 1785, that sum being the balance of his account for pay, subsistence and extra expenses while in public Service.1
[Note 1: 1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 19, III, folio 409. A printed copy is on folio 407. Landais's memorial is in No. 41, V, folio 361. The report was read this day and Thursday the 21st assigned. The resolve was passed June 2.]
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[Motion of Mr. King]
Resolved, That the Resolution ofday of1778 allowing Two per Cent on all monies paid by the Commissioners of the several Loan Offices in discharge of interest due on Loan Office Certificates be and hereby is repealed and made void.1
[Note 1: 1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 121. According to the indorsement it was presented this day and referred to the committee of April 12 on the regulation of the Treasury Department. The blank date should be September 29, 1778.]
Pennsylvania, ss. [Seal] John Dickinson. In the Name and by the authority of the Freemen of the Commonwealth of Pennsylvania.--The Supreme Executive Council of the said Commonwealth,
To the Honorable Joseph Gardner Esquire.
Whereas on the sixteenth day of November last You was by the General Assembly of this Commonwealth appointed a Delegate: You are therefore hereby Commissioned a Delegate to represent this State in Congress for the present year.
Given in Council under the Hand of His Excellency John Dickinson Esquire President and the Seal of the State at Philadelphia this eighteenth day of April in the Year of our Lord one thousand seven hundred and eighty five.
Attest: John Armstrong, Jr. Sy.2
[Note 2: 2 This was entered in Papers of the Continental Congress, No. 179, Record of Credentials, apparently after July 21, 1785, but Gardner was present and voting in Congress April 18 and 19.
April 18: The following committees were appointed:
Committee of the Week: Mr. [Pierse] Long, Mr. [William] Houstoun and Mr. [John] Vining.
Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [David] Howell, on the letter of April 14 from Captain James Nicholson, requesting leave of absence. They reported April 27. Nicholson's letter is in No. 19, IV, folio 525.
Mr. [William] Hindman, Mr. [William] Houstoun and Mr. [Abiel] Foster, on the memorial of George Fisher for compensation for supplies furnished. A report was rendered April 26. The memorial is dated April 16, was read this day and is in No. 41, III, folio 346. See post, April 27.
Mr. [Hugh] Williamson, Mr. [David] Howell and Mr. [Rufus] King, on letter of May 17, 1784, from John Beatty, late Commissary General of Prisoners, relative to the settlement of his accounts. See post, May 26. Beatty's letter is in No. 78, IV, folio 439.]
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