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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 --TUESDAY, SEPTEMBER 6, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Connecticut, New York, Pennsylvania, Maryland, South Carolina and Georgia; and from the State of Rhode Island, Mr. [David] Howell; from New Jersey, Mr. [Lambert] Cadwallader, from Delaware, Mr. [Gunning] Bedford, and from North Carolina, Mr. [William] Cumming.
On motion of Mr. [Rufus] King, seconded by Mr. [James] McHenry,
Ordered, That the Secretary at War, as soon as may be, cause to be made and transmitted to Congress, an exact return of all cannon, with their sizes and appendages; small arms, with their accoutrements; swords, pistols, waggons, tents, ammunition, camp equipage and public stores, or property of every description, the custody of which is charged on the department of war; distinguishing the quantity or number, quality and kind of each, and the several places of their deposits: and that he transmit a like return on the first Monday in January, and the first Monday in July, annually.1
[Note 1: 1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 119.
On this day, according to the indorsement, was read a letter of September 3, from the Board of Treasury, giving further particulars of the failure of de la Lande & Finje. It is in the Papers of the Continental Congress, No. 140, II, folio 63.]
Motion of Mr. [James] McHenry, That the Board of Treasury take such steps as they think proper for the better securing the monies borrowed or which may be borrowed in Holland.
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Ordered, That the above Motion be referred to the Board of Treasury to take order.1
[Note 1: 1 This motion and order is entered in Resolve Book No. 123 by Benjamin Bankson. It is also entered by Thomson in Committee Book No. 190.
In No. 36, III, folio 129, is an undated motion in the handwriting of David Howell:
"That the Secretary at War report to Congress an estimate of the expences of the Invalid establishment under the resolutions of the 7 day of June last." This is indorsed by Roger Alden: "Sept. 1785." It probably was made immediately after the motion of Rufus King, above.
Also, according to Committee Book No. 190, William Barton's "letters and thoughts on a mint," dated August 22, were this day referred to the Board of Treasury. A copy of Barton's plan, a printed folder by Charles Cist's press, 4 pp. folio, headed "Outlines of a plan," is among the Continental Congress broadsides in the Library of Congress.]
[Motion of Mr Charles Pinckney]
Whereas by thearticle of the Confederation the U. S. inCongress assembled are authorised to establish Courts for the punishment of piracies and felonies committed on the high Seas
And Whereas it has been the policy of all civilized nations to punish crimes so dangerous to the welfare and destructive to the intercourse and Confidence of Society with death in an exemplary manner. And it being consistent with that uniform system of legislation which should pervade the Confederacy in all subjects committed to the care and administration of Congress That similar crimes should be punished in a similar manner, And as the Ordinance of April, 1781, respecting the punishment of piracies and felonies has a different operation in some of the States--therefore, Resolved That the Secretary of the U. S. for the department of foreign affairs, be directed to report the draught of an Ordinance for instituting a court for the purpose of punishing trial and punishment of piracies and felonies committed on the high seas in the same manner in all the states.2
[Note 2: 2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, III, folio 115. The indorsement gives it this date and states that it was referred to the Secretary for Foreign Affairs to report an ordinance. See post, October 3.]
[Report of the Committee on Qualifications on the Credentials of the
Delegates for Rhode Island]
The Committee of Qualifications [Mr. Abiel Foster, Mr. Abraham Baldwin, Mr. John Keen, Mr. Charles Pettit and Mr. William Samuel Johnson] Report--
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That the Confederation was ratified in March, 1781.
That by a Law of the State of Rhode Island and Providence Plantations, Delegates are to be annually elected on the first Wednesday in May.
That Mr. Ellery was elected in May, 1781, a delegate to represent the State of Rhode Island and Providence plantations for one year and took his seat in Congress November 19th. 1781--And held his seat until the 7th June, 1782.
That Mr. Howell was elected in May, 1782, to represent the sd. State for one year and took his seat the 7th June, 1782, and continued in Congress until Jany. 5th., 1783.
That Mr. Howell was a second time elected in May, 1783, took his seat in Congress July 23rd. 1783, and held his seat until June 3rd. 1784.
That Mr. Ellery was a second time elected in May, 1783, took his seat in Congress June 30th., 1783 held his seat therein until the adjournment of Congress June 4th., 1784. That he was appointed one of the Committee of the States and took his Seat therein 6th June, 1784. That the Committee of the States did adjourn on that day and did not meet again until the 26th of June & that it does not appear that Mr. Ellery did again take his seat in the Committee of the States.
That the right of Mr. Howell and Mr. Ellery to sit in Congress from May to June, 1784, was disputed but no question was determined affirmitavely for, nor against them.
That the usage of Congress has been to permit the delegates of the State of Rhode Island to sit in Congress for a Year not having reference to the time of election, which seems to be founded on an act of the Legislature of that State passed 22nd. August, 1777. By which it is Resolved "That the delegates appointed or who may be appointed to represent this State in Congress, be, and they or either of them are hereby empowered to represent said State in Congress until they or either of them shall have due notice of their re-election, or until the delegates who may be appointed in their room shall take their seats in Congress, the act directing the election of the said delegates for one year to the contrary notwithstanding."
That Congress did by their Resolution of 23rd March, 1784, recommend to the States to comply with the Confederation by electing their delegates to commence their seats the first Monday in Novemr. of each year.
That Mr. Howell and Mr. Ellery were a third time elected in May, 1784, to represent the sd. State for one year. That by the Credentials
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of the sd. delegates it appears that the Legislature of the sd. State did in the Month of June pass an act declaring the said delegates should take their seats in Congress the first Monday Novemr. 1784.
That the said delegates did take their seats the 29th. and 30th. Novr., 1784, in the present Congress.
Wherefore your Committee are of opinion that the Delegates of Rhode Island and Providence Plantations have a right to sit in Congress until the first Monday in Novemr. next.1
[Note 1: 1 This report, in the writing of John Kean, is in the Papers of the Continental Congress, No. 23, folio 265. The indorsement states that it was read on this day and Thursday the 8th assigned for consideration. Committee Book No. 191 states the report was filed.]
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