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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 --THURSDAY, JULY 21, 1785.


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Journals of the Continental Congress, 1774-1789
THURSDAY, JULY 21, 1785.

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Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [Samuel] Dick; from Delaware, Mr. [John] Vining, and for North Carolina, Mr. [William] Cumming.

Mr. William Cumming, a delegate from North Carolina, produced credentials of his appointment, by which it appears


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that in May, 1784, he was elected to represent the said state for one year, commencing the first Monday in November of that year.

THE STATE OF NORTH CAROLINA

To William Cumming Esquire, Greeting.

WE reposing especial trust and confidence in your fidelity, integrity and abilities DO by these presents, Nominate, Constitute and appoint you the said William Cumming, to be one of our Delegates, to represent us in the Honorable the Congress of the United States of North America for one year to Commence from the first Monday in November next, being Elected for this purpose by Joint ballot of both Houses of our General Assembly now sitting at Hillsborough. TO have, hold, exercise and enjoy all the powers and authorities, together with all the profits & Emoluments which to your Delegation belong and of right appertain, conforming to such Instructions, which you with your Associates may receive from time to time from our General Assembly.

IN TESTIMONY whereof we have caused these our Letters to be made patent. WITNESS Alexander Martin esquire our Governor, Captain General and Commander in Chief, under his hand and our Great Seal hereunto affixed at Hillsborough the thirty first day of May in the year of our Lord One thousand Seven hundred and eighty four, and Eighth year of our Independence.

ALEX: MARTIN.

[With the Great Seal appendant.]

By His Excelly's
Command.

W. Williams D. See.1

[Note 1: 1 The original is in the Papers of the Continental Congress, North Carolina, Credentials of Delegates. It was entered in No. 179, Record of Credentials, was read this day, but was not entered in the Journal]

A motion being made by the delegates for Maryland,

That the board of treasury be directed to give orders for ascertaining the sums due to the commissaries in the State of Maryland, for cattle furnished for the campaign of 1781, which state is hereby authorised to charge such sums, with interest from the time of advancing the same, as part of the


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quota of the state, which may be assigned for the requisition of the year 1785, or any subsequent requisition.1

[Note 1: 1 This motion, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 36, III, folio 77.]

A motion was made to commit the above motion, and on the question to commit, the yeas and nays being required by Mr. [James] McHenry,

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So the question was lost.

STATE OF CONNECTICUT

At a General Assembly of the State of Connecticut holden at Hartford in said State on the second Thursday of May Anno domi 1785.

This day being appointed by Law for the Choice of Delegates [SEAL] to represent the State of Connecticut at the Congress of the United States of America,

PROCLAMATION was made in manner accustomed,--And then the Votes of the Freemen were given into the persons appointed by


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the Assembly to receive, sort and Count them and declare the namse of the persons chosen to the Office aforementioned according to Law, which persons so appointed are, Stephen Mix Mitchel Esqr. Mr. Asher Miller Mr Simeon Bristol Colo. Christopher Leffingwell Capt. David Olmstead M. Elkanah Tisdale and Col. Benjamin Hinman who were all sworn to a faithful discharge of that Trust.

And the Votes of the Freemen being bro't in sorted and Counted, Joseph Platt Cook Esqr. Stephen Mix Mitchell Esqr. Jonathan Sturges Esqr. William Hilhouse Esqr. John Treadwell Esqr. James Wadsworth Esqr. William Samuel Johnson Esqr. are chosen and were publicly declared to be Delegates to represent the State of Connecticut in the Congress of the United States of America according to Law.

A true Copy of Record.

Examined
By George WyllysSecry.1

[Note 1: 1 This was entered in the Papers of the Continental Congress, No. 179, Record of Credentials, as read this day, but is not entered in the Journal.]

The committee [Mr. Rufus King, Mr. William Samuel Johnson, Mr. William Grayson, Mr. William Ellery and Mr. James Monroe] to whom was referred a motion of the Delegates of Massachusetts for the disqualifying of members of Congress from being appointed to any office of trust or profit under the U. S. during their continuance as members submit the following Resolution.

Resolved, That the election and acceptance of any person as a member of Congress shall for ever hereafter be deemed to incapacitate and disqualify such person from being elected by the U. S. in Congress assembled to any Office of trust or profit under the said states, during the term for which he shall have been so elected a member of Congress.2

[Note 2: 2 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 20, I, folio 183. The indorsement states that it was read on this day and "Postponed 1 feby. 1786." See ante, May 23.]

On the report of the Secretary of Congress, the following form of a Commission for Mr. Jay was agreed to: The United States in Congress Assembled.

To all who shall see these presents, Greeting:

His Catholic Majesty having by his Encargado de Negocios near Congress expressed his desire to treat and


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agree with the United States of America upon the points necessary to be adjusted, as being neighboring powers, and who must have common interests and constant inducements to communication and intercourse, and having for that purpose granted plenipotentiary powers to Don Diego de Gardoqui, his said Encargado de Negocios near Congress; and we being equally desirous of promoting the general harmony and mutual interests of the two Nations: For these causes and other good considerations thereto moving, we, reposing special trust and confidence in the integrity, prudence and ability of our trusty and beloved John Jay, Secretary to the United States of America for the department of Foreign Affairs, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him the said John Jay our plenipotentiary; giving and granting to him full powers on behalf of the United States of America to treat, adjust, conclude and sign with the said Don Diego de Gardoqui, Encargado de Negocios of his Catholick Majesty, vested with similar powers, 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; and we do hereby promise in good faith to approve, ratify and fulfil, and cause to be observed and fulfilled, exactly and entirely, whatsoever shall be by him our said plenipotentiary stipulated and signed as aforesaid.

In Testimony whereof, we have caused the Seal of the United States to be hereunto affixed. Witness, His Excellency Richard Henry Lee, President, this twenty-first day of July, in the year of our Lord, 1785, and of


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the Sovereignty and Independence of the United States of America, the Tenth.1

[Note 1: 1 This commission was entered only in the manuscript Secret Journal, Foreign Affairs, No. 5, by Benjamin Bankson, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III, and the draft, in the writing of Charles Thomson, is in No. 49, folio 1.]

The Board of Treasury to whom was referred the Letter of Ezekiel Forman of the 11th. December, 1784, requesting payment of a Treasury Warrant issued in his favor on the 14 of September 1781 for the sum of five hundred and seventy two Dollars 38/90ths. the amount of Flour purchased of him, Beg leave to Report

That the present state of the Finances of the United States not being adequate to the immediate and pressing exigencis of Government, it will be impossible to make provision for the discharge of Mr. Forman's Warrant--they therefore submit to the consideration of Congress the following Resolve:

That the warrant issued to Ezekiel Forman on the 14th. of September, 1781, for five hundred and seventy two Dollars 38/90ths. shall be paid out of the Requisition of the year 1785, together with the Interest which may accrue thereon from the date of the said warrant to the time of payment--

All which is humbly submitted.

Samuel Osgood.

Walter Livingston.2

[Note 2: 2 This report in copy form is in the Papers of the Continental Congress, No. 138, I, folio 505. According to the indorsement it was referred October 10 to the Board of Treasury to take order.]

Board of Treasury,
July 21st 1785.

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