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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, MAY 11, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, New York, Pennsylvania, Maryland, Virginia and South Carolina; and from the state of Rhode Island, Mr. [William] Ellery, and from Georgia, Mr. [William] Houstoun.
A petition of sundry merchants of the town of Boston was read, expressing their sentiments on the present situation of the Commerce of this Country, and requesting the immediate interposition of those powers for its relief, with which Congress may be now invested.
Ordered, That the said petition lie until Congress shall take into consideration the report of their Committee, on an application to the States to invest Congress with the power of regulating trade under certain provisoes.1
[Note 1: 1 This petition is in the Papers of the Continental Congress, No. 42, I, folio 346--350.]
On the report of the secretary for foreign Affairs, accompanied with a letter of the 9th April, from the Charge des Affaires of France, and a Commission from his most Christian Majesty, appointing the Sieur Ignatius Romain Chevalier d'Avistay de Chateaufort, to be consul of France for the states of North Carolina, South Carolina and Georgia, to reside ordinarily at Charleston,
Resolved, That the said Commission be registered in the Secretary's Office, and that thereupon an Act of recognition, in due form, be immediately issued to the states in question, in order that they may furnish the said Consul with their Exequatur or Notification of his quality, that the same may be made known and published.2
[Note 2: 2 These two paragraphs were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5.]
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The committee, consisting of Mr. [Rufus] King, Mr. [James] Monroe and Mr. [William Samuel] Johnson, to whom was referred a report of the Secretary for foreign Affairs, on the following paragraph in the letter of the 9th from the Charge des Affaires of France.
"As I must return without delay to New York, and as the business of the Consulate must not be interrupted, my brother will do the duties here during my absence, in the same manner as those of the consul of Charleston have been done to this time by the vice Consul of Georgia; I must therefore beg, Sir, that you will procure me a resolution of Congress to that effect, and a requisition to the states of Pennsylvania and Delaware, for his exequatur and notification of the character of Pierre Francois Barbe de Marbois, jun. as vice Consul for the states of Pennsylvania and Delaware;" report,
That on the 14 day of September, 1781, it was resolved by Congress, "That until the ratification of some Convention between his most Christian Majesty and the United States, concerning vice consular power, every vice consul of his most Christian Majesty, shall, upon the application of the Consul appointing him to the supreme executive power of the state to which he may be sent, receive the exequatur in the like form with the exequatur delivered to a consul, mutatis mutandis; and thereupon the same proceedings shall be had with respect to publication." And although subsequent to this resolution, on the 11 February, 1784, five brevets for vice Consuls of France were presented to Congress, and registered in the Office of their Secretary, and acts of recognition thereupon issued to the states concerned, in order that they might be respectively furnished with their exequatur or notification of their quality, it appears that they were appointed immediately by his Most Christian Majesty, and therefore not within the provision of the resolve of the 14th September, 1781; and as the United States have not ratified any convention between them and his Most Christian Majesty, concerning vice consular power, and the resolve of the 14 September, 1781, aforesaid, establishes a mode for the recognition and notification of vice consuls of France, appointed by any consul of that Nation, which mode is to be observed until such convention may be ratified; the Committee are of opinion, that it would be inexpedient to vary from the mode therein established, until the ratification of such consular Convention.
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Resolved, That Congress agree to the said report.1
[Note 1: 1 This report, and the resolution thereon, were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5. The original report is in No. 25, II, folio 427. According to indorsement it was read in Congress on May 2.]
On motion of Mr. [Charles] Pinckney, seconded by Mr. [Rufus] King,
Whereas it appears, that George Augustus Christian Etholm, of Sleiswig Holstein, has served as a lieutenant in Count Pulaski's legion, from 1778, until the reduction of that corps; and as a captain in the service of the state of South Carolina, from 1781, to the end of the war, and that he has produced ample testimonials of his bravery, integrity, abilities and industry in the service of the United States,
Resolved, That Congress entertain a due sense of the merits of the said George Augustus Christian Etholm, and that the Secretary at War be instructed to give him a certificate fully expressive of his capacity and services.2
[Note 2: 2 This motion in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 19, II, folio 213.]
The Commee consisting of [Mr. William Grayson, Mr. James McHenry and Mr. David Howell] to whom was referr'd the memorial of William Barton in the Continental Army, report that it appears to them, the said Barton some time in May 1778, while commanding a party of Militia in the State of Rhode Island received a wound, which hath hitherto been incurable and from which there is not at present any prospect of relief.
That the said Barton hath rendered essential services to the United States in other instances and particularly in the capture of Genl. Prescott whereupon
Resolv'd, That the Board of Treasury take order for the paymt. of fifteen hundred dollars to the said Wm. Barton in consideration of his services to the U. S. and the wound he hath received in an action during the late war.3
[Note 3: 3 This report in the writing of William Grayson is in the Papers of the Continental Congress, No. 19, I, folio 245. It was read this day, entered May 13 and finally passed September 7. See ante, May 2.]
A letter, of 19 April, from Daniel Carroll, esquire was read, expressing his grateful sense of the Confidence Congress
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have been pleased to repose in him, by appointing him one of the commissioners for negotiating a peace with the Southern Indians, and informing, that he finds it necessary, on account of his health, to decline entering on the execution of the commission. Whereupon,
Resolved, That to-morrow be assigned for electing another commissioner in the room of Mr. D. Carroll, who has declined.1
[Note 1: 1 Carroll's letter is in the Papers of the Continental Congress, No. 55, folio 149.]
[Motion of Mr. Rufus King.]
Resolved, That the officers and privates raised or to be raised under the resolutions of theday of& to dayofbe and hereby are strickly forbidden and prohibited from engaging or being concerned in any trade or commerce directly or indirectly during their continuance in service.2
[Note 2: 2 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, II, folio 433. The indorsement states that it was referred on this day to the Secretary at War to report. He reported May 17 and the report was read in Congress, May 18.
On this day, according to Committee Book No. 190, a motion was made "respectg. Comy. of Military Stores"; it was referred to Mr. [Rufus] King, Mr. [William] Grayson and Mr. [William] Hindman, who were, this day appointed to "enquire into the nature of the appointments of the several officers in the late Comy. & quartermaster's departments & report thereon." The report was rendered July 20. See post, May 17.]
The Committee consisting of Mr [Hugh] Williamson, Mr [Rufus] King Mr [David] Howell, Mr [William Samuel] Johnson, and Mr [Samuel] Holten to whom was referred the Memorial of Moses Hazen Esqr. praying That he may be allowed the Pay and Commutation of a Brigadier Genl. in the Line of the Army, that he may be indemnified for the half Pay of a British Lieutt which he relinquished, and that the Principal and Interest of certain sums which he alledges are due him, may be paid, submit the following report.
That when Mr Hazen entered into the service though he was promised indemnification for any loss of half Pay he might sustain, he was not promised any half Pay as an American Officer. That he has since been allowed the half Pay of a Colonel in the Line, which is much above the Indemnification promised viz. the half Pay of a Lieutenant, wherefore he can have no Farther claims to half Pay or indemnification for the same.
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With respect to the Pay of a Brigadier Genl in the Line of the Army and half Pay or Commutation of a Brigadier claimed by Mr Hazen, Your Committee observe, that he was only a Colonel in the Line and a Brigadier by Brevet, and there is no Act of Congress under which an Officer can claim Pay from a Brevet Commission. On the contrary they find an explicit Resolve of 10th Septr. 1783 that Brevet Commissions, do not entitle to pay or emoluments unless the same be expressed in the Resolution granting such commission; and they find that on the 6th of April, Congress having considered this claim did not allow it. It may be true as Mr Hazen alledges that he ought to [have] been made a Major Genl in the Line; but as Congress did not promote him to the Rank of a Brigadier in the Line your Committee have some doubts whether it would be proper at this Hour to consider what promotions ought to have been made during the war and what additional Pay ought to be considered as due in consequence. However that the Subject may be farther considered, your Committee submit. That the Claims of Moses Hazen Esqr. to Pay and half Pay above that of a Colonel in the Line be referred to the Secty. at War to report.
As the demand made by Mr Hazen of immediate Payment of considerable Sums of money are necessarily connected with the State of his public Accounts, the Committee Submits.
That the Claims of Moses Hazen Esqr. to the immediate payment of Money be referred to the Board of Treasury to report.1
[Note 1: 1 The report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, III, folio 109. According to the indorsement it was read this day and acted on June 7.]
The Committee consisting of [Mr. Hugh Williamson, Mr. W. C. Houston and Mr. Pierse Long] to whom was referred a Memorial that was presented to Congress by James McMachen in behalf of James Rumsay beg leave to report
That the Memorialist alledges that he has made a Discovery in mechanicks which will be of great Use in the Navigation of fresh water long Rivers. He proposes to construct a Boat of the Burthen of Ten Tons which by the influence of certain mechanical Powers shall be propelled from 50 to 80 Miles a day against the Current of the Ohio or Mississippi to be wrought at no greater Expence than that of three Hands, all which if he shall execute he prays that he may obtain a Premium in Lands on the West of the River Ohio. On which your Committee submit the following Resolve
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That 30,000 As. of Land in the new Purchase to the West of the Ohio be given to James Rumsay provided he shall before the first day of May next produce good and sufficient Evidence that by means of certain Mechanism of his Invention wrought or aided by three men only, a Boat carrying ten Tons has been moved conveyed for six days in succession against the Stream of the R. Ohio at the rate of from 50 miles to 80 miles pr day. Which Land he shall receive by a draught to be made out of the first Surveys that shall be returned transmitted to the Treasury after the necessary Proof shall have been made.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, V, folio 271. According to the indorsement it was read May 11 and entered May 13. Committee Book No. 191 notes that it was filed on this last date. Rumsey's memorial is dated December 8, 1784, and was read on that day and referred to the above committee. It is in No. 42, VI, folio 498.
On this day a memorial from William Duer was read. It was presented by Duer in behalf of Turnbull, Marmie & Co., who claimed proprietory rights to Fort Pitt. It was referred to the Secretary at War to report. He reported May 12. The memorial is in No. 78, VIII, folio 131. Turnbull, Marmie & Co. petitioned Congress again December 27, 1785 (No. 42, VII, folio 471) and the business was carried over into 1786. See post, March 20, 1786.
Also on this day the memorial of Christopher Ludwick, praying for compensation for his services and sufferings, dated March, 1785, was read and referred to Mr. [John] Lawrance, Mr. [William] Ellery and Mr. W[illiam] Henry, who reported May 19. Ludwick's memorial indorsed by Arthur St. Clair, William Irvine, Anthony Wayne, Timothy Pickering and Thomas Mifflin is in No. 41, V, folio 411.
Also, according to Committee Book No. 190, was read the petition of Jacob Garrigues, a former employee in the Quartermaster General Department, for compensation for depreciation notwithstanding the settlement of his account, and referred to the Commissioner for settling accounts of the Quartermaster Department for report. See post, May 17.
Also, according to Committee Book No. 190, a letter of May 10 from the Secretary at War on establishing arsenals and magazines was referred back to that Secretary to report, which he did on May 13.
Also, according to the indorsement, was read a letter from the Secretary for Foreign Affairs, dated May 10, relating to Solomon Simpson's proposals for a mint. Jay's letter is in No. 80, I, folio 161.
Also, a letter of May 10 from Secretary Jay enclosing a letter from C. W. F. Dumas touching the Emperor of Germany and Bavaria. It is in No. 80, I, folio 165, and is indorsed "Origl. retd. Off. F. Aft. Nov. 15, 1785".
Also, a letter of May 11 from Secretary Jay, transmitting a letter from Godfrey Braumiller, regarding trade with Prussia and asking to be appointed an Agent of the United States. It is in No. 80, I, folio, 169, and is indorsed "Braumiller letter transmitted to Off For Aff June 19 1788."
Also, according to the indorsement, was read a letter of Maurice Desdevans, dated May 9, requesting payment of his certificate and his expenses while waiting on Congress. It is in No. 35 I, folio 233. See post, May 18.
Also, according to Committee Book No. 190, General [Lachlan] McIntosh was this day nominated for Commissioner for treating with the Southern Indians, by Mr. [Charles] Pinckney.]
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