| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, MAY 18, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, and South Carolina; and from the state of Rhode Island, Mr. [William] Ellery, and from Georgia, Mr. [William] Houstoun.
On Notice that Mr. John Smith has declined,
Resolved, That Friday next be assigned for electing a Commissioner, in pursuance of the resolution of the 13th of April last, in the room of Mr. J. Smith, who has declined.
Congress proceeded in the third reading of the Ordinance for ascertaining the mode of disposing of Lands in the western territory, and some time being spent thereon,
Ordered, That the same be postponed till tomorrow.1
[Note 1: 1 On this day, according to Committee Book No. 190, Mr. [Samuel] Dick was added to the committee of March 14, to prepare an ordinance for the better regulation of the Post Office]
Page 366 | Page image
[Report of Mr James Monroe, Mr James McHenry and Mr Melancton Smith On Memorial Mordecai Hale]
The Committee to whom was referred the memorial of Mordecai Hale late Surgeons Mate in the Army of the U. S., having examined the said Memorial and the vouchers and papers accompanying it, submit the following report.
Resolved, That the said Mordecai Hale be and hereby is declared to be within the intent and meaning of the Act of Congress of the 26th. of August, 1776, making provision for wounded and disabled Officers and Soldiers in the service of the U. S., and that it be recommended to the State of N. York to make provision for him accordingly, which shall be allowed in her account against the U. States.1
[Note 1: 1 This report, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 22, folio 241. The indorsement shows that it was read May 18, 1785, and on June 3, postponed until the report on Invalids was determined. Committee Book No. 191 states that it was filed on June 19, being comprehended in the act of June 7 respecting Invalids.
The petition of Toussaint Lopez was ordered to lie. See ante, May 13, and post, May 30.
Also, a report from the Secretary of War, dated May 17, on the motion of Mr. King prohibiting officers and soldiers from trading with the Indians. It is in No. 151, folio 13.]
The Committee of the week [Mr. David Ramsay, Mr. Samuel Dick and Mr. Joseph Platt Cook] report that the petition and other papers of Maurice Desdevans praying for the discharge of his demand against the United States and for other matters be referred to the Committee on the application of Canadians and that the Secretary return to Maurice Desdevans his certificate of final settlement inclosed in his petition.
The Committee of the week further report that the petition of Tousaint Lopez praying for the discharge of his demand on the United States be ordered to lie on the table.2
[Note 2: 2 This report, in the writing of David Ramsay, is in the Papers of the Continental Congress, No. 32, folio 627. Desdevans' letter is in No. 35, folio 237, and Lopez's petition is in No. 42, IV, folio 356. See ante, May 11, and post, May 30. Committee Book No. 190 notes that Desdevans' letters of May 9 and 12 "and other papers from him" were referred, May 18, to Mr. [William] Ellery, Mr. [James] Monroe, Mr. [Richard Dobbs] Spaight and Mr. J[ames] McHenry, who reported July 5.]
The Secretary of the United States for the Department of foreign Affairs, to whom was referred the Draft of a Treaty of Amity and Commerce, transmitted by the American Ministers Reports
Page 367 | Page image
That in his Opinion, a System for regulating the Trade of the United States, should be formed and adopted, before they enter into further Treaties of Commerce. It appearing to him more wise, that such Treaties should be accommodated to their System, than that their System should be accommodated to such Treaties.
That in forming this System many important Questions will arise, such as: Whether american Exports shall be wholly, or how far, confined to american Bottoms? Whether any, and what Distinction, shall be made in that Respect, between the Vessels of one foreign Nation, and another? Whether american Exports, to whatever Nation bound, shall be charged with any, or the same, or what different, Duties? Whether all foreign Merchandize, by whatever Nation imported, shall be charged with the same Imposts? Whether any and which Species or Denomination of foreign Productions or Manufacture, shall be prohibited? These and other Questions of the like Nature, will probably arise; and these Treaties will anticipate, if not embarrass, the Discussion and Decision of some of them.
As to the Draft of a Treaty reffered to him, he thinks the Policy of some of the Articles in it questionable.
I. It appears to him inexpedient to make the Conduct of the Parties towards the most favored Nations, the Rule of the Conduct towards each other.
Page 368 | Page image
He thinks it would be better therefore to let each Treaty stand alone, without Reference to, or Connection with any other.
II. Your Secretary doubts the Expediency of agreeing absolutely that any foreign Nation shall be at Liberty to bring See 4 Article and vend in the United States, all or any of their Productions and Manufactures without Exception.
Because it may be necessary, either for the Purpose of checking the Progress of Luxury, or for the Purpose of promoting our own Manufactures, to prohibit the Importation of certain Merchandizes.
He thinks it a mistake that high Duties can answer the Purpose of a Prohibition; because if the obnoxious Articles are permitted to be entered at all, it will be impossible always to decide whether their Importation was regular or clandestine.
These Objections cannot have equal Force with other Nations in their Connections with us; because we have little or nothing to carry to them, which could either injure their Manufactures or increase their Luxury.
III. Your Secretary has Doubts respecting the 16th Article, which suspends laying Embargoes.
To an European Nation at War with an European Nation, Embargoes are of little consequence; because surrounding Nations can and will supply to each Party whatever they may want--but an European Nation at War with us, can by means of neutral Vessels obtain great Supplies from us, which under certain Circumstances and in particular Emergencies, they could not easily acquire elsewhere.
Your Secretary is of Opinion that the Duration of these Treaties should be very limited; because the encreasing Importance as well as the encreasing Experience of the United States, will almost from Year to Year encrease their Capacity of making such Connections and Compacts more and more correspondent to their Views and Wishes.
Page 369 | Page image
All of which is submitted to the Wisdom of Congress.1
[Note 1: 1 This report, signed by John Jay and dated May 17, is indorsed as "Entd Read 18 May 1785." It is in the Papers of the Continental Congress, No. 81, I, folio 223. Committee Book No. 191 states that on this date it was transferred.
Also on this day, according to Committee Book No. 190, a committee consisting of Mr. [Rufus] King, Mr. [William Samuel] Johnson, Mr. [William] Grayson, Mr. [William] Ellery and Mr. [James] McHenry was appointed "To examine the Acts of the state of N. Carolina touching a cession of Western territory and report." They reported May 20.]
War Office, May 17th. 1785.
The Secretary of the United States for the department of War to whom was referred a Motion of the honorable Mr. [Rufus] King prohibiting officers and soldiers in the service of the United States from being engaged in any trade or commerce, Reports,
That in his opinion it is essential to the discipline and good government of the troops that are or may be in the service of the United States that neither officer or soldier should be concerned in any trade or commerce in the pursuit of which it would be possible to consume either the public means or the public time.
That it is important in the first instance to prevent a measure incompatible with the duty of an officer or soldier and which would involve consequences disgraceful to the national reputation of the Arms of the United States.
That in order effectually to prevent the plea of necessity from being urged in excuse of a practice pregnant with evil your Secretary is of opinion that it would not only well comport with the dignity but with the oeconomy necessary to be observed in the affairs of the United States to allow fifty per cent additional pay to the commanding Officer of such Forts and Garrisons upon the frontiers as in the opinion of Congress or the Secretary at War from their situation and circumstances subject the commanding officer to disproportionate expences And to prevent any abuse of this regulation the additional pay to be drawn every three months by special Warrants from the Secretary at War.
Upon these principles the following resolutions are submitted to Congress.
Resolved, That the commanding officers of such Forts and Garrisons upon the frontiers of the United States who in the opinion of Congress or the Secretary at War shall be subjected to expences disproportionate
Page 370 | Page image
to their pay shall in consideration thereof be allowed fifty per cent additional pay according to their respective ranks, the additional pay to be drawn every three months by a special Warrant from the Secretary at War.
Resolved, That every officer and soldier in the service of the United States who shall be convicted before a Courtmartial of being concerned directly or indirectly in trade or commerce in any of the Forts or Garrisons or encampments to which he may be attached shall if an officer be discharged the service; if a soldier be punished at the discretion of a Courtmartial according to the Articles of War.1
[Note 1: 1 This report, signed by H. Knox, is in the Papers of the Continental Congress, No. 151, folio 13. It is endorsed by Thomson: "Entd. Read 18 May 1785." According to Committee Book No. 191, it was transferred.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |