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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 --WEDNESDAY, APRIL 27, 1785.
Congress assembled. Present as yesterday; and from the state of Delaware, Mr. [John] Vining.
Mr. John Lawrance, a Delegate for the state of New York, attended, and took his seat in Congress.
The People of the State of New York, by the Grace of God, Free and Independent: To All to whom these presents shall come send Greeting:
Whereas our Senate and Assembly have on the nineteenth Day of this present month of March nominated and appointed the Honorable
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John Lawrance, John Haring and Melancton Smith, Esquires, additional Delegates to represent our said State in the United States of America in Congress assembled from the Day of the Date hereof until the first Monday in November next: Now Therefore Know Ye, that, in pursuance of the said Nomination and appointment, We have by these presents Commissioned the said John Lawrance, John Haring and Melancton Smith to represent our said State in the said Congress accordingly: In Testimony Whereof We have caused these our Letters to be made patent, and the Great Seal of our said State to be hereunto affixed:
Witness our Trusty and well beloved George Clinton, Esquire, Governor of our said State, General and Commander in chief of all the Militia and Admiral of the Navy of the same, at our City of New York the Nineteenth Day of March in the year of our Lord one thousand seven hundred and eighty five, and of our Independence the ninth.
George Clinton1
[Note 1: 1 The original of this credential is in the Papers of the Continental Congress, Credentials. It is indorsed as read April 27. See ante, March 29.]
[Seal of New York pendant]
Congress resumed the consideration of the Ordinance respecting Western Territory: A motion was made by Mr. [Rufus] King, seconded by Mr. [William Samuel] Johnson, to strike out the following clause: "Saving and confirming always, to all Officers and Soldiers entitled to Lands on the northern side of the Ohio, by donation or bounty from the Commonwealth of Virginia, and to all persons claiming under them, all rights to which they are so entitled by the laws of the said State, and the Acts of Congress accepting the Cession of Western Territory from the said State," and in its stead to insert, "That in case the quantity of good Lands on the southeast side of the Ohio, upon the waters of Cumberland River, and between the Green River and Tenessee River, which have been reserved by law for the Virginia Troops, upon Continental establishment, should, from the North Carolina line, bearing in further upon the Cumberland lands
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than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops, in good lands, to be laid off between the rivers Sciota and little Miami, on the northwest side of the fiver Ohio, in such proportion as have been engaged to them by the laws of Virginia, passed antecedent to their deed of Cession; and provided that after the plats of the Lands betwixt the rivers Sciota and little Miami shall have been returned to the Board of Treasury by the Geographer, the Board of Treasury shall take order for satisfying the claims of the Troops aforesaid, before any other disposition be made of any part of said lands."
A division of the motion was called for by Mr. [Charles] Pinckney, from the words, "and provided." When the question was about to be put on the first part of the proposition, the same was postponed till tomorrow, in the fight of the State of Virginia.
[Report of the committee consisting of Mr. James McHenry, Mr. Hugh Williamson, Mr. David Howell, Mr. Jacob Read and Mr. Samuel Holten to whom was referred the report of the Committee on James McHenry's motion respecting Invalids, report]
Resolved, That it be recommended to the several states, to make provision for soldiers or seamen, who have been disabled in the service of the United States, in the following manner, viz.
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county in which they reside or may be stationed, and make the following oath viz. A. B. came before me, one of the justices for the county of ... in the state of ... and made oath, that he was examined by ... appointed by the said state (or commonwealth) for that purpose, obtained a certificate, or had his certificate examined and countersigned, setting forth that he had served in ... that he received a wound in ... or was disabled by ... and that he now lives in the ... and in the county of
Resolved, That each state shall have credit in the payment of its annual quota to the United States, for such sum or sums as may be advanced to invalids, according to the foregoing regulations.1
[Note 1: 1 This report, in printed form, is in the Papers of the Continental Congress, No. 22, folio 249. It is another copy of the report of February 8 (folio 255) which the committee used as a basis for this report, making the additions which are indicated in the text above by brackets, and striking out the words there lined out. The manuscript additions are in the writing of Hugh Williamson. Thus changed the broadside was submitted as the committee's report, which was read, according to the indorsement, on this day and Monday next assigned for its consideration. See post, June 7.]
The Committee consisting of Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [David] Howell to whom was referred the Memorial of Captn. James Nicholson submit the following Resolves
That the Board of Treasury take Order for discharging certain Notes of Hand given by three of Captn. Nicholson's Passed Officers for Board while they were Prisoners of War on long Island which are indorsed by Captn. Nicholson viz. The obligation of David Morrow, Surgeon, for 30 Dlrs. Do of Peter Manifold,
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fold, an Officer of Marines, for 21 Dlrs. with which sums the Accounts of these Officers respectively axe to be charged.
That Captn. Nicholson have leave of absence to pursue his private Business till Congress shall have Occasion for his Postponed Services of which he may expect timely notice.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, IV, folio 523. According to the indorsement it was read April 27 and the first resolution passed May 2. See ante, April 15.]
The Committee [consisting of Mr. David Howell, Mr. John Bull and Mr. William Henry] to whom was referred a memorial signed John Story and dated New York Feby. 7, 1785, beg leave to submit the following report.
Your Committee find that on the 24th. day of July, 1781, Congress Resolved that John Story be entitled to the same pay and rations for his services from the time of General Green's resignation as Quarter Master General, until the 21st day of April last, which he received, or was entitled to receive when acting immediately under the said Quarter Master General," And "that the said John Story immediately repair to Camp and there carefully transact and settle the business belonging to the late Q. M. General's department until the further order of Congress; and for this service he shall be allowed from the 21 day of April last, the pay and rations of a Captain in the line of the Army." Your Committee also find that on the 15th. day of August, 1781, Congress Resolved that John Story be informed that Congress do, at his request, dispense with his further services. Whereupon your Committee are of opinion, that the claim of the Memorialist to pay after the last recited Resolution, is not well founded.
Your Committee are of opinion that it would be improper to give any further powers or instructions to the Commissioners of accounts on the subject of depreciation, but as doubts have arisen whether the Resolutions of June 3, 1784, extend to the commissioners appointed to settle the accounts of the great departments, your committee submit the following resolution.
Resolved, That the Commissioners appointed under the resolutions of Feby. 27th. 1782 in settling the accounts of their respective Departments be instructed to have recourse to the principles of the resolutions of June 3rd 1784, so far as they may apply.
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The Memorialists claim to pay, as Aid de Camp to the late Major Genl Lord Sterling, ought, in the opinion of your Committee to be referred to the Secretary at War to Report.
The Memorialists claim to pay for his attendance in Settling the public Account of the Quarter Masters Department ought in the opinion of your Committee to be referred to the Board of Treasury to Report.1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, V, folio 427. It was read this day and the resolve passed June 7. The memorial is in 41, V, folio 295, and is indorsed as referred to the Secretary at War to report, June 7, 1785; the Secretary's report was read in Congress March 25, 1788, and a report of the Board of Treasury on the matter was read February 1, 1788.
Also on this day, according to indorsement, was read the report of the committee of April 18 on George Fisher's memorial. It was adopted verbatim April 29 and is there spread on the Journal. The report, in the writing of William Hindman, is in No. 19, II, folio 287.]
Resolved, That the Secretary for foreign Affairs reform Mr. De Marbois in answer to his note demanding the delivery of the chevalier Longchamp
That Congress have heard with extreme regret that an insult has been offered to one of the servants of his most christian Majesty, that the pain they feel on this occasion derives additional force from the respect and gratitude that his Majesty's repeated proofs of friendship and attention demand. That they lament the necessity which compels them to delay any determination on this important subject till they have maturely considered it in all those lights which their responsible situation and limited powers renders indespensable.
That he explain to Mr. De Marbois the difficulties that may arise on this head from the nature of a federal union in which each State retains a distinct and absolute sovereignity in all matters not expressly delegated to Congress leaving to them only that of advising in many of those cases in which other governments decree.
That many allowances are to be made for a nation whose whole attention till the present period has been engaged in the pursuit of measures which were to determine their existence as such, even tho they should be found deficient in those wise provisions which experience has established among older Nations.
That under all these circumstances they hope from the magninimity of his Majesty that they may not be urged to measures
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which may upon the fullest consideration may be found inconsistent with the nature and principles of this government. And that his majesty will do them the justice to believe that in the discussion of this subject they will not be less tender of his Majesty's honor than of their own, conceiving both to be equally conserned in affording him the most ample satisfaction.
That many circumstances attending the matter under consideration can only be obtained from the State of Pensilvania to who the United States in Congress will make the earliest application for more ample information than they are year possessed of. That in the mean time whatever may be the result of these enquiries and deliberations they will instantly persue such measures as by securing his Majestys ministers from insult will equally manifest their concern for any defects that may be found in their present constitution system of Laws on this head and their determination by amending them to avoid such painful discussions in future.
That in this view they have resolved instantly to apply to the respective States to pass laws that shall comprize these important objects.
Resolved That it be strongly recommended to the legislatures of the respective States to pass laws for the exemplary punishment of such persons as may in future offer by violence to or by insult attack the dignity of sovereign powers in the person of their ministers or servants.
Resolved that the Secretary for foreign Affairs report the form of a law for that purpose in order that a copy thereof be transmitted with the recommendation of Congress to the respective States.
Resolved that a copy of the above resolutions be presented to his most Christian Majesty by the Minister of the United States at the court of Versails as a proof of their ardent desire to afford him the earliest satisfaction that particularly must result from the reflection that as his arms enabled aided them to establish the government of law so his wisdom has given birth to those laws which will facilitate the intercourse of friendship between these States them and the nations with whom he has enabled them to rank.1
[Note 1: 1 This report, in the writing of R. R. Livingston, is in the Papers of the Continental Congress, No. 81, I, folio 43. It is undated but belongs to the period between March 29 and April 28. See ante, February 17 and March 29.]
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