| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, SEPTEMBER 16, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, South Carolina and Georgia; and from the State of Delaware, Mr. [Gunning] Bedford, and from North Carolina, Mr. [William] Cumming.
Congress resumed the consideration of the requisition for 1785, and the paragraph being under debate, which was reported by the grand committee as part of the provisoes to be inserted after the words, "and certified to the last day of the year 1784," viz. "And any commissioner of a continental
Page 710 | Page image
loan office, who shall disobey the directions contained in this requisition, shall be dismissed from office by the board of treasury, who are hereby authorized to fill up the vacancy, and report the same to Congress."
A motion was made by Mr. [Gunning] Bedford, seconded by Mr. [Charles] Stewart, to amend the same by striking out the words, "by the board of treasury, who are hereby authorised to fill up the vacancy, and report the same to Congress," and before the words "be dismissed," inserting, "on a report thereof made by the board of treasury;" and after "office," inserting, "and the vacancy filled up by Congress, or in their recess by the committee of the states;" so that it read, "And any commissioner of a continental loan Office, who shall disobey the directions contained in this requisition, shall, on a representation thereof made by the board of treasury, be dismissed from office, and the vacancy filled up by Congress, or in their recess by the committee of the states."
A motion was made by Mr. [Melancton] Smith, seconded by Mr. [Elbridge] Gerry, to postpone that amendment, in order to take up the following amendment, viz. to strike out the words, "who are hereby authorised to fill up the vacancy, and report the same to Congress," and in lieu thereof insert, "and a report thereof shall be immediately made to Congress, or in their recess to a Committee of the states, who shall immediately proceed to fill up the vacancy;" so that it read, "And any commissioner of a continental loan office, who shall disobey the directions contained in this requisition, shall be dismissed from Office by the board of treasury, and a report thereof shall be immediately made to Congress, or in their recess to a committee of the states, who shall immediately proceed to fill up the vacancy."
On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Gunning] Bedford,
Page 711 | Page image
{table}
So the question was lost.
On the question to agree to the amendment, moved by Mr. [Gunning] Bedford, the yeas and nays being required by Mr. Bedford,
{table}
Page 712 | Page image
So the question was lost.
The paragraph reported by the grand committee being amended to read as follows:
And if any commissioner of a continental loan office, shall disobey or neglect to carry into execution, any resolution, or order of Congress, or otherwise neglect his duty in the said Office, the board of treasury shall suspend him from his office, and the emoluments thereof, and immediately report the reasons thereof to Congress; and the board of treasury are hereby impowered to appoint in the room of the commissioner of the continental loan office so suspended, a citizen of the state in which the office is kept, who shall have all the powers and emoluments of a commissioner of the continental loan office, until Congress shall finally determine respecting the suspension.1
[Note 1: 1 This paragraph, in the writing of John Kean, is in the Papers of the Continental Congress, No. 36, III, folio 159.]
On the question to agree to the paragraph as amended, the yeas and nays being required by Mr. [John] Vining,
{table}
Page 713 | Page image
So it was resolved in the affirmative.
The next paragraph in the report of the grand committee, to be inserted as beforementioned, being amended to read as follows:
And every commissioner of the continental loan Office, previous to settling and issuing certificates as aforesaid, for the interests due on certificates of liquidated debts not the property of the state in which his office is kept, shall administer an oath or affirmation, or require a certificate signed by such person or persons as the states respectively in their legislative acts complying with this requisition shall direct and appoint, that he or they have administered to the owner or possessor of every such certificate of liquidated debts, an Oath or affirmation that the same was on theday of(being the day on which the act of the legislature for complying with this requisition passed) and now is bona fide the property of a citizen or citizens of the said state, or of some corporate body or charitable institution within the same, or of some foreigner who is not a citizen of any of the United States; describing the certificate or certificates alluded to in every such oath or affirmation, in such manner as shall be necessary to identify the same, or as may be prescribed by the legislature of the said State.
A motion was made by Mr. [Gunning] Bedford, seconded by Mr. [James] McHenry, to strike out the words, "was on theday of(being the day on which the act of the legislature for complying with this requisition passed) and now."
Page 714 | Page image
And on the question shall those words stand? the yeas and nays being required by Mr. [James] McHenry,
{table}
So the question was lost, and the words were struck out.1
[Note 1: 1 On this day, as the indorsement states, was read a petition of Cornelia Anderson praying for damages suffered by destruction of her property during the war. It is dated September 16 and is in the Papers of the Continental Congress, No. 42, I, folio 71.]
Office For Foreign Affairs,
15th. September, 1785.
********
How far the Honor or Interest of the United States require, that Congress should remonstrate to his Catholic Majesty against and demand Satisfaction for the Conduct of that late Governor, is a Question which Congress is best able to decide. As that Man is now out of Office, and does not appear to have acted by Orders of his Court, as no direct Commerce in future between these States and spanish american Ports is probable and as Count de Galvez who succeeded Unzaga shewed a Degree of Kindness to Americans, in some Degree proportionate to the Harshness they experienced from the
Page 715 | Page image
latter, the Expediency of such Remonstrances, appears very doubtful to your Secretary.
Whatever Injuries Americans sustained at the Havanna by arbitrary and illegal Acts of the Governor, certainly afford good Claims against the King of Spain for Compensation; the Sovereign of one Country being responsible to that of another for the Conduct of his Ministers and Servants.
But as Inquiry must precede Judgment, as Unzaga is in Spain and Mr. Beveridge here, and the Facts happened at neither Place, but at the Havanna, your Secretary is apprehensive that more Trouble than Advantage would result to the Complainant, as well as to both Sovereigns from such Remonstrances and Demands, for if once made, the Object of them ought never, in any Event, to be relinquished, however inconvenient a Perseverance in them may be rendered by a Variety of Considerations of greater Magnitude and more public Importance.
For these Reasons your Secretary is of Opinion, that such Remonstrances or Demands, for Satisfaction, had better be omitted, at least for the present--but in Case there should remain at the Havanna, any legal Impediments to the Recovery of Monies, there due or payable to Americans, either from the Governor or from Individuals, that it would be proper for Congress to interpose and take Measures for removing them.
That in his Opinion it would also be proper for Congress to express to the Court of Madrid their Sense of the generous and handsome Manner in which Count de Galvez had treated the Americans who were confined, and in other Respects suffering at the Havanna; and that your Secretary should be directed to write accordingly to the Count de Florida Blanca, and also to the Count de Galvez--signifying to the former that Congress are pleased with the Attention which Mr. Gardoqui also manifested to the Persons in Question.
All which is submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 The full report from which this extract is given is in the Papers of the Continental Congress, No. 81, I, folio 379. It is indorsed: "Sept: 16. 1785. Referred back to report the letters mentioned in the last paragraph."
Also, according to indorsement and Committee Book No. 190, the report of the Secretary for Foreign Affairs dated September 15, on the complaints of Oliver Pollock and David Bcveridge of ill treatment received at Havana, was read. It is in No. 81, I, folio 373, and transcribes a correspondence in the matter, between Jay and Governor Gardoqui. The opinion submitted to Congress by Jay is given above.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |