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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, JULY 20, 1785.
Congress assembled: Present, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the state of New Hampshire, Mr. [Abiel] Foster; from New York, Mr. [Melancton] Smith; from New Jersey, Mr. [Samuel] Dick, and from Delaware, Mr. [John] Vining.
On motion of the delegates from Maryland,
Resolved, That nothing contained in the Ordinance of the 28 May, 1784, is meant or ought to be construed or considered as annexing to the board of treasury, the salary of Agent of Marine.
The delegates of Maryland then moved, that from and after the date hereof, the board of treasury shall not possess or exercise the power of appointing an assistant and two clerks, with the salary expressed in the resolution of the 6 July, 1781; any thing in the Ordinance of the 28 May, 1784, notwithstanding.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [William] Ellery, that the above be referred to the committee appointed to revise the regulations of the treasury department, and report an Ordinance for its future regulation, and that the committee report without delay:
On the question to agree to this, the yeas and nays being required by Mr. [James] McHenry,
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So the question was lost.
After further debate, the first motion was withdrawn.
On the report of a committee, consisting of Mr. [William] Grayson, Mr. [Rufus] King and Mr. [David] Howell, to whom was referred a letter of 18 from the Secretary at war,
Resolved, That it be and he is recommended to lieutenant colonel Harmar, commander of the militia of the state of Pennyslvania in the service of the United States the term of whose enlistment is nearly expiring to use his best endeavours to retain in service, the militia of Pennsylvania and New Jersey under his command, whose terms are nearly expiring, with their present pay and rations until the legislatures of those States shall be in session, and determine on the furnishing of their quota of troops under the resolutions of the 1st, 7th and 12th day of April, 1785.1
[Note 1: 1 The report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 27, folio 273. The words lined out are so in the report but not in the Journal. See ante, May 11 and 17, and post July 25.]
On the report of a committee ,consisting of Mr. [Rufus] King, Mr. [William] Grayson and Mr. [William] Hindman, to whom were referred a letter of the 17 May, from the Secretary at War,
The Committee [consisting of Mr. Rufus King, Mr. William Grayson and Mr. William Hindman] to whom was referred a motion for the repeal of the resolution of the [4th.] day of [November, 1783] concerning the commissary of military stores together with a Letter from the Secretary at war inclosing returns from the Q. M. G. and from the Comy. Genl. of military stores. report--
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That as the ordinance regulating the duties of the Secretary at war expressly charges him with the care of all military stores, it is. unnecessary longer to continue a seperate department for that purpose, and thereupon submit it, that it be.
Resolved, That the Resolution of the fourth day of November 1783 for continuing in Office the commissary of military stores with necessary assistants until the farther order of Congress, be, and hereby is, repealed.
Resolved, That the Department of Quartemaster General be considered as ceasing, on the day of passing this resolution, and that the Secretary at war and all others concerned govern themselves accordingly.1
[Note 1: 1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 27, folio 275. According to indorsement it was read this day "first part passed 20 July 2d part postponed 2d part passed 25 July 1785." See ante, May 11.]
Resolved, That the resolution of the fourth day of November, 1783, for continuing in Office the commissary of Military stores, with necessary assistants, until the further order of Congress, be, and hereby is repealed.
Ordered, That the remainder of the report be postponed.
That the president be requested to address a Letter to the Mayor of this City informing him that the Debates of Congress being frequently interrupted by the passing of Carriages, Congress are desirous of ordering Chains to be provided for preventing such Interruption during their daily Session, if the Measure is not disagreeable to the police of the City.2
[Note 2: 2 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, III, folio 75. On it Thomson has noted: "July 20. 1785 Referred to the President to take Order." A letter was written by Thomson on the matter, July 20, to the Mayor of New York. It is in No. 16, folio 322.]
3On the report of a Committee, consisting of Mr. [Elbridge] Gerry, Mr. [James] Monroe and Mr. [William Samuel] Johnson, to whom was referred a Letter of the 8th from the Secretary for Foreign Affairs, enclosing one of the same date from Don Diego de Gardoqui,
[Note 3: 3 From this point to the end of the day the proceedings were entered only in the manuscript Secret Journal, Foreign Affairs, No. 5, in the writing of Benjamin Bankson, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.]
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Resolved, That the honble. John Jay, Secretary to the United States of America for the department of Foreign Affairs, be and he hereby is invested with full powers in behalf of the United States of America, to treat, adjust, conclude and sign with Don Diego de Gardoqui, encargado de Negocios of his Cathotick Majesty, whatever articles, compacts and Conventions may be necessary for establishing and fixing the boundaries between the territories of the said United States and those of His Catholick Majesty, and for promoting the general harmony and mutual interest of the two Nations.
That the Secretary of Congress report the form of a Commission for the Secretary to the United States of America for the department of Foreign Affairs, similar in substance to the Commission of Don Diego de Gardoqui for the purposes mentioned.
That the Secretary to the United States of America for the department of Foreign Affairs be and he is hereby instructed, previous to his making propositions to Don Diego de Gardoqui, or agreeing with him in any article, compact or Convention, to communicate to Congress the propositions to be made or received relative to such article, compact or Convention.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 25, II, folio 437.]
The Commission of Don Diego de Gardoqui above referred to, is as follows:
(A TRANSLATION.)
Don Carlos, by the Grace of God, King of Castile, of Leon, of Arragon, of the two Sicilies, of Jerusalem, of Navarre, of Grenada, of Toledo, of Valencia, of Galicia, of Mallorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen, of the Algarves, of Algesira, of
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Gibraltar, of the Canary Islands, of the East and West Indies, Islands and Terra Firma, of the Ocean sea; Arch Duke of Austria, Duke of Burgundy, Brabant and Milan, Count of Apsburg, of Flanders, Tirol, and Barcelona, Lord of Biscay and of Molina, &c.: Whereas there are many and extensive Territories in North America appertaining to my Crown and bordering on others of the United States of the same America, it is very convenient to establish and fix the respective limits, and to regulate those other points on which between friendly powers and nations it is always convenient and necessary to have established regulations, in order to obviate all differences; The good correspondence and harmony which subsists between us and the United States of North America, and the intercourse and Commerce which our respective Subjects have with each other, requiring that the boundaries which shall continue in future should be regulated in the most positive and notorious manner: Wherefore, having entire satisfaction and confidence in you, Don Diego de Gardoqui, Commissary of my Armies, charged with my affairs near the Congress of the said States, on account of your capacity, Understanding and Zeal, I have conferred upon you full power, that with the person or persons whom the said States or their Congress shall equally authorize, you treat, adjust and sign whatever articles, compacts and Conventions may be conducive to the regulation of the points herein alluded to, and of others which shall be conducive to the enjoyment of those important and beneficial objects, and that there may always be and subsist a good undertanding, friendshsip and union, between the Crown of Spain and the United States of North America. I promise on my royal word to approve, ratify and fulfil, and cause to be observed and
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fulfilled exactly and entirely whatsoever shall be by you stipulated and signed. In faith whereof I have caused to be despatched these presents, signed with my hand, sealed with my privy Seal, and certified by my underwritten Counsellor of State, my first Secretary for the despatches of State, at St. Ildefonso, the twenty seventh of September, 1784.
I, the King.
Joseph Monino.1
[Note 1: 1 On this day, according to Committee Book No. 190, the Committee of April 28 on the Longchamps case was discharged and the business referred to the Secretary for Foreign Affairs to report.
Also on this day, according to indorsement, was read a letter from the Secretary for Foreign Affairs, forwarding a letter of May 11 from the Marquis de Lafayette on Longchamps's case. Lafayette's letter was read in Congress and referred back to the Secretary with all papers in the case, for a report. Jay's letter is in No. 80, I, folio 305, and Lafayette's in No. 156, folio 418. See ante, April 28.
July 20: The following committees were appointed:
Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [William Samuel] Johnson, Mr. [David] Howell and Mr. [James] McHenry, on the "Motion for reduction of civil list. letter 14 May bd. of treasy. for advancing Salary of their Secy. Mem 18 May J. Nourse for increase of Salary. Motion of Mr. Howell to consider and report what reductions may be made in the Salaries or pay of the sd. civil list." This committee was renewed March 16, 1786.
Mr. [John] Bull, Mr. [William] Ellery and Mr. [David] Jackson, on a "Petition of officers of the late American regiment to be debited for the money they recd. from Doctr. Hart and their report on Pierce's letter on the sd. subject." This was a renewal of the committee of April 4 on this matter. A report was rendered August 17.]
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