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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, SEPTEMBER 8, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina and Georgia; and from the State of New York, Mr. [Melancton] Smith; from New Jersey, Mr. [Lambert] Cadwallader, and from North Carolina, Mr. [William] Cumming.
Congress resumed the Consideration of the report on supplies for the year 1785, (see 18 July.)
A motion was made by the delegates for South Carolina, in the words following:
Whereas, in the present requisition, the States are called upon to make actual payment of three quarters of the remaining moiety of the requisition of October, 1782, for eight millions of dollars: and whereas it appears by the accounts of the treasury, that the State of South Carolina has considerably overpaid the whole of her quota of the said requisition, and Congress, by their resolution of the 27th of April, 1784, declared, that those states who have paid their whole quota of any requisition, should not be called on anew till all the other states shall in like manner have paid up their quotas; therefore,
Resolved, That the words and figures "South Carolina 192,366," be struck out, and that the three millions proposed to be called for, be exclusively quotaed on the States of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina and Georgia.1
[Note 1: 1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, III, folio 149.]
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A motion was made by Mr. [David] Howell, seconded by Mr. [Melancton] Smith, to postpone that Motion, in order to take up the following proviso, to be inserted immediately after the quotas of the States, viz. Provided That any State which shall have paid more than a moiety of her original quota on the requisition for eight million dollars, shall have credit for such payments on the aforesaid quotas.1
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, III, folio 151. The vote is on folio 150. The vote on this proviso was first entered by Thomson on the verso of Pinckney's motion above.]
On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Charles] Pinckney,
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So it was resolved in the affirmative.
After debating the proviso, it was withdrawn.2
[Note 2: 2 On this day, according to the indorsement, was read a letter from the Board of Treasury, dated September 7, relating to the failure of de la Lande & Finje and the securing of their property in America. It was referred to Mr. [Thomas] McKean, Mr. [Charles] Pettit and Mr. [John] Vining. Committee Book No. 190 notes that their report was rendered September 12. Congress acted thereon September 13.]
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Office of Secretary of Congress, Sept. 8, 1735.
The letter of the 2d. from the Secretary to the United States of America for the department of foreign affairs states,
That Mr. de Marbois has requested his "Opinion whether french Subjects can purchase and hold real Estate in the United States" and that this being an important question, he should forbear to express any other opinion to him respecting it than such as Congress may be pleased to order him to convey.
The Secretary of Congress reports,
That it does not appear necessary or proper for Congress to give any opinion on this subject. The treaty between the United States of America and his Most Christian Majesty is public, and as far as it regards the rights of Individuals the Courts of Law must take notice of it & be governed by it in their decisions. But an Opinion given of the sense or meaning of that Treaty will not have the same validity. If doubts arise touching the force and meaning of the treaty, and an explanation be necessary, that explanation can only be given by a joint act of the high Contracting parties.
The Secretary of Congress therefore reports as his Opinion, Agreed to Sept. 8th, 1785. S. HOLTEN. That the letter of 25 Aug. from Mr. De Marbois, which came inclosed in the above letter, be returned to the Secy. for foreign Affairs.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 180, Reports of the Secretary of Congress, and was entered by Thomson, the marginal note being signed by Holten, as indicated. It is the first report made under the resolution of August 29, 1785, transferring the duties of the Committee of the Week to the Secretary of Congress.]
Office of Secy. of Congress, Sept. 8, 1785.
On a petition of four chiefs of the Mohecaunie tribe of Indians at Stockbridge in the State of Massachusetts,
The Secretary of Congress reports as his Opinion,
That it be referred to the Secretary at War, with an instruction to refer the petitioners to the State of Massachusetts to which they Agreed to Sept. 8, 1785. S. HOLTEN. belong and to dismiss them with some presents, covering, according to the indian custom, the bones of those who have been killed in the war with shrouds, blankets or cloathing
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to be delivered to the widows or families of the deceased; the amount of the whole not to exceed 100 dollars.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 180, Reports of the Secretary of Congress. It is entered by Thomson, and signed in the margin by Holten, as indicated. According to the entry in Committee Book No. 190, the Secretary at War made a report September 12.]
Office of Secretary of Congress, Sept. 8, 1785.
On the petition of Martin Lentz, John Briger and Jacob Brugear stating that they, as Canadian refugees, have received rations for the month of Sept., 1785, and praying to be allowed for rations from 30 June, 1783, to the beginning of the present month,
The Secretary of Congress reports as his Opinion,
That the petition be referred to the Secretary at War to enquire whether the petitioners were inhabitants of Canada at the commencement Agreed to 8 Sept. 1785. S. HOLTEN. of the War or whether they are actually Canadian refugees and entitled to the benefit of the Acts of 11 July, 1785, and 9 Aug. 1783, and report.2
[Note 2: 2 This report, in the writing of Thomson, is in the Papers of the Continental Congress, No. 180, Reports of the Secretary of Congress. According to the entry in Committee Book No. 190, the Secretary at War delivered a report September 12.
Also, according to indorsement, the report of a committee, delivered April 1, 1784, on a petition from Palmer Cady, was this day filed. The report is in No. 19, I, folio 489,]
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