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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, AUGUST 17, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the State of Rhode Island, Mr. [David] Howell; from New Jersey, Mr. [Lambert] Cadwallader, and from North Carolina, Mr. [William] Cumming.
His Excellency the president, being, by indisposition, prevented from attending the House, Congress proceeded to the election of a Chairman, and, the ballots being taken, the honble. Samuel Holten was elected.
On a report from the Secretary for foreign Affairs, accompanied with a letter of the 10, from the honble. the Minister plenipotentiary of the United Netherlands, and a commission from their High Mightinesses the Lords the States general to Diederik Leertouwer, appointing him their consul for New Hampshire and Massachusetts, to reside at Boston,
Resolved, That the said commission be registered in the Office of the Secretary of Congress, 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.1
[Note 1: 1 This resolution and the preamble were also entered, by Benjamin Bankson, in the manuscript Secret Journal, Foreign Affairs, No. 5. Jay's report is in No. 81, I, folio 357. It is indorsed: "The enclosures transmitted Augt. 26 to office for F. affairs."
On this day, according to indorsement, was read the report of the committee on the letter of August 15 from the Secretary for Foreign Affairs on negotiations with Gardoqui. It was passed verbatim August 25 and is there spread on the Journal.]
On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Samuel] Hardy and Mr. [Charles] Pinckney, to whom was referred a motion of Mr. Pinckney:
2Whereas many States in the Union continue to be unrepresented
[Note 2: 2 At this point Roger Alden commences recording the Journal which Thomson, afterwards, read over and corrected in several places as noted above by brackets and lined type.]
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in Congress, or to be represented by only two members, notwithstanding the many urgent recommendations of Congress, for remedying these defects, particularly those of 1st of November, 1783, and the 19th of April, 1784. And whereas from the want of a compleat representation, the great Interests of the Union have frequently been, and continue to be neglected or delayed; and the Confederation itself, or the administration thereof by Congress, may be considered as the cause of evils [resulting from the Inadequacy of Representation] which solely result from an incompleat representation. And whereas it is incumbent on Congress to prevent opinions so derogatory to their honor, andso dangerous to the public welfare, and tending so directly to a Change of our happy Form of Government, for others verging to Aristocracy or even to Despotism
Resolved, That the Secretary of Congress shall twice once in every month, transmit to the Legislatures of the respective States, a list of the States represented, and of those unrepresented in Congress, and of the members from each State; that effectual measures may, from time to time, be taken by such States as may be unrepresented or represented by only two members, to remedy these defects,1
[Note 1: 1 As a result of this proceeding Thomson caused to be printed blank forms on which the state of the representation could be entered and these forms were filled in and sent to the respective States. Samples of these forms, filled in manuscript, are in the Papers of the Continental Congress, Miscellaneous, in the Library of Congress, for the months of September, November and December, 1785.]
Ordered, That a copy of this Resolve, and of those to which the first paragraph of the preamble refers, be transmitted to the Legislatures of the respective States.2
[Note 2: 2 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 23, folio 225. The Pinckney motion, see ante, August 16, appears to exist only in the text of this report and the copy thereof in the Journal; the words lined out so appear in Gerry's report and not in the Journal; the phrase in brackets is not crossed out in the report and was recorded in the Journal by Alden, but Thomson changed it to the text as printed above. A copy of the vote, except that it omits Cumming of North Carolina, is on folio 227.]
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1In the passing the foregoing act, a division was called for, and that the question be first taken on the resolution: And on the question to agree to the resolving clause, the yeas and nays being required by Mr. [Jacob] Read,
[Note 1: 1 At this point Thomson resumes recording the proceedings.]
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So it was resolved in the affirmative.
The preamble and the Order passed without a division.
The Committee consisting &c [Mr. Samuel Hardy, Mr. Charles Pettit, and Mr. John Kean] to whom was referred the letter from Colo. Harmar with its inclosures submit the following report.
That as it appears from the Speeches of the Chiefs of the six Nations delivered to Colo. Harmar at Pittsburg, that the uneasiness of that Nation at the treaty of peace concluded with them at Fort Stanwix arises from a false report that has been propagated among them that the lands which they claimed have not been ceded by Great Britain to the United States by the late treaty of peace. And as it appears necessary that the most effectual steps should be taken to counteract such falsehoods in order to quiet the minds of the Indians, Resolved, That the Secretary at War be directed to enclose
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to Colo. Harmar twelve Copies of the late treaty of peace between the United States and Great Britain and that he direct him to take such measures as he shall judge most proper to circulate them among the several tribes of the six Nations, and that he be authorized to draw on the Commissioners of the treasury fordollars to defray the expence of diffusing such intelligence1
[Note 1: 1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 27, folio 277. The indorsement states that it was read on this day and filed October 19. See ante, August 15.]
The Committee of the Week [Mr. David Jackson, Mr. David Howell and Mr. Melancton Smith] on the memorial of Richard Clairborne late a deputy Quarter Master in the service of the United States praying for the allowance of depreciation on his pay during the time he was in service, which commenced the 12th. day of September, 1778, and ended the 5th. of August, 1780, the whole not being quite two years, beg leave to report, that altho on principles of equity the original contract with every person who entered the line of the army service ought to be made good be their continuance in the same longer or shorter, but as Congress have as yet made no general rule which might compare all cases of this nature and as that the act of Congress of the 10th. of April 1780 granting depreciation in the first instance does not comprehend the claim of Mr. Claibourne, they are therefore of opinion that the prayer of his memorial for the present cannot be granted.2
[Note 2: 2 This report, in the writing of David Jackson, is in the Papers of the Continental Congress, No. 32, folio 629. The indorsement states that it was read this day; consideration postponed. Oct 19 passed and referred to the Secretary of Congress to take order. Order taken May 10, 1786.]
The Committee of the Week [Mr. David Jackson, Mr. David Howell and Mr. Melancton Smith] on the Memorial of Azariah Horton late a deputy commissary General of Musters in the late army of the United States, praying that he may be allowed the depreciation on his pay while he continued in service, beg leave to report, that however equitable the claim of every officer may be for depreciation on his pay during the time of his continuance in service yet as Congress have adopted no general rule on the subject and extending it in particular cases being a very partial mode of redress.
That the case of Mr. Horton does not come within the purview of the act of Congress of the 10th April 1780 granting depreciation
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in the first instance, as the department to which he belonged was abolished the 12th. of Jany. preceeding and one years extra pay allowed to each of the officers who had continued in the department eighteen months previous to its abolition. The Committee therefore are of opinion that for the present the prayer of said Horton's memorial cannot be complied with.1
[Note 1: 1 This report, in the writing of David Jackson, is in the Papers of the Continental Congress, No. 32, folio 631. The indorsement states that it was read on this day, October 19 passed and referred to the Secretary of Congress to take order. Order taken May 10, 1786.]
The Committee of the Week [Mr. David Jackson, Mr. David Howell and Mr. Melancton Smith] on the memorial of William Finnie late Deputy Quarter Master General in the southern department, praying that the donation of lands and other emoluments appertaining to the rank of a Colonel in the line of the late continental army may be extended to him, beg leave to report, that as the merits of his claim will altogether depend on his being entitled to the rank of a Colonel in the line; and that as it rather appears dubious to them whether such rank is due to Mr. Finnie, they therefore recommend his memorial may be referred to the Secretary at War to report.2
[Note 2: 2 This report, in the writing of David Jackson, is in the Papers of the Continental Congress, No. 32, folio 633. It is indorsed August 16, but Despatch Book No. 185 enters it under date of August 17 and Committee Book No. 190 notes that it was referred to the Secretary at War on the latter date. He reported September 15. Finnie's memorial is in No. 42, III, folio 139.]
The Committee [consisting of Mr. John Bull, Mr. William Ellery, and Mr. David Jackson] to whom was recommitted a Letter from Jno. Pierce paymaster genl. of the 6th. of November, 1784, referring to his Letter dated July 11, 1784, to the Committee of the States, with its inclosures, and also a Petition of the officers of the late American Regiment dated Nov. 20. 1784. report,
That it appears from the said Letters [Petition and enclosures that the Officers lately discharged at West Point had appropriated to their own use the sum of 2,276 53/90 dols. more than the two months pay voted them by Congress, that Capt. Thos. H. Condy, paymaster to the regiment at West Point had received a letter from John Pierce paymaster general desiring him to pay the subsistence of the Garrison at that post, for which purpose he addressed to said Condy two draughts on James Lovell, Esquire one for three thousand and the other for eight hundred and eighty-eight dols.; that sd. Condy negotiated
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the latter at New York, which enabled him to pay the Garrison their subsistence for May and one half for the month of June; that the ballance being wanted the officers agreed to send a Person to Boston to obtain the Cash for the other Note; that Doct. John Hart having consented to do the business the sd. Condy put the said Note into his hands taking his receipt therefore, in which sd. Hart promised to get the same exchanged and to be accountable for the same; that in the absense of Doct. Hart Genl. Knox arrived at West Point, with the Resolve of Congress that respected the reform of the Army; that the officers finding they were to receive two months' pay in Mr. Morris' Notes, and the four Months which would be then due in Mr. Pierce's certificates, several of them applied to the sd. Condy at different times, representing that the two months pay would not be sufficient to settle their accounts and carry them home, requesting that as all the money that was expected by Doct. Hart would not be wanted for the purpose for which it was sent or that after paying the subsistence due, said Condy would make a distribution of the overplus, take their receipts and charge the same to their accounts; that he informed them he would by no means do it, as Mr. Pierce had pointed out the particular manner in which the money was to be applied; that when Dr. Hart returned he paid said Condy 568 dollars, telling him that he was not ready to make a settlement; that the troops at West Point being paid and discharged, said Condy was ordered to Springfield to pay the company stationed there; that when he returned the greater part of the Officers were gone home; that having called on Doct. Hart, he presented him with the receipts of the deranged Officers for six weeks pay to each of them, which they had received on account--that after examining those with the Cash he gave S.d. Hart he found a deficiency of 147 44/90 dols. which Sd. Hart informed him he had not got, nor could he account for it, and that this sum with the six weeks and two months pay compleats the settlement for Doct. Hart's services being six months in the year 1784. Upon this statement your Committee, submit the following resolution:
That although Congress cannot approve of the conduct of the Officers of the late American Regiment in receiving of Doct. John Hart in the absense of the Paymt. six weeks pay more than they were entitled to receive by the resolution of Congress of June 2nd. 1784, yet considering their unexpected discharge from the service and the embarrassments they were under by reason of the Debts they had contracted with an expectation of being fully paid their arrears in
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specie, Congress consent that the sum of 2,276 53/90 Dollars be charged by the Paymaster Genl. to the accounts of said officers, and that he have the same be passed to his credit in the Treasury.
Resolved, That the conduct of John Hart late Surgeon of sd. Regiment, in distributing and appropriating to his own use, a sum of money for which he promised to be accountable to the paymaster of the regiment is highly reprehensible.1
[Note 1: 1 This report, in the writing of John Fierce, is in the Papers of the Continental Congress, No. 21, folio 389. It is indorsed as read this day and passed August 25.
August 17: The following committees were appointed: Mr. [John] Lawrance, Mr. [James] McHenry and Mr. [Rufus] King, on the memorial of James Stewart. See post, August 19, also ante, August 9.
Committee Book No. 190.
Also, according to Committee Book No. 190, a memorial from J. H. C. Heineken respecting the ship Minerva and her cargo was referred to the Secretary for Foreign Affairs to report, which he did on August 25. Heineken's memorial is in No. 41, VI, folio 412.
Also a memorial from William Finnie was read and referred to the Secretary at War to report, which he did on September 15. Finnie's memorial, which is undated, prays for land due him under his rank as colonel. It is in No. 42, III, folio 139, and is indorsed as acted on February 2, 1786. It is further noted that "Two Commissions and certificates from Genl. Greene and Genl. Muhlenburgh delivd. Col. Finnie Sept. 25th 1786."
Also, on this day, according to indorsement, was read a letter from Governor William Livingston of New Jersey, dated August 14, relative to the State's representation in Congress. It is in No. 68, folio 657.]
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