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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 --3THURSDAY, SEPTEMBER 22, 1785.
[Note 3: 3 At this point Thomson resumes the entries in the Journal.]
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina and Georgia.
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On a report from the board of treasury, to whom was referred a memorial of Mr. Chevalie, praying payment of a certain bill of exchange drawn in behalf of the United States, by the late major general Lincoln,
That it would be inconsistent with the principles of justice to make any distinction in the payment of the said bills on account of the character or circumstances of the person to whom they may be transferred;
They therefore submit to Congress the following resolve:
Resolved, That Mons. Chevalie, be referred to the general provision made by the resolve of Congress of the 23 July, 1781, for the liquidation of the bills drawn by major general Lincoln, and accepted by the board of treasury in pursuance of the resolves of Congress of the 23 March, and 6th July, 1780.1
[Note 1: 1 This report, dated September 21, is in the Papers of the Continental Congress, No. 138, I, folio 219. According to Committee Book No. 191 it was read this day.]
On a report of the board of treasury, to whom was referred a report of William Barber, commissioner of Accounts for the State of New York, on the claims of Timothy Divine, a refugee from Canada,
Resolved, That the damages done by the british troops or their adherents, in Canada, during the late war, to the subjects of that province, charged with an attachment to the American cause, cannot be compensated by the United States.
That the register of the treasury be directed to issue his certificate to Timothy Divine, for one thousand two hundred and twenty-nine dollars and 78/90ths and that the same be compensation in full to the said Timothy Divine, for all his claims against the United States.2
[Note 2: 2 This report, dated September 21, is in the Papers of the Continental Congress, No. 138, I, folio 283. The letter transmitting the report included also the report on the memorial of Chevalie fils, is dated September 22 and is in No. 140, I, folio 43.]
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Office for Foreign Affairs,
20th. Septemr. 1785.
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter of the 12th July last, from Mr Jefferson, with several Papers which accompanied it, relative to the case of John Jackson an english Pilot taken by Chevalier Jones, and who lost his Arm in the Action with the Seraphis,
I have the Honor to be with great Respect and Esteem Your Excellency's Most obt. & very h'ble Servt.
John Jay.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 80, I, folio 405. According to No. 180, Reports of the Secretary of Congress, Thomson reported September 22 that these letters and papers be referred to a committee. They were so referred to Mr. [David] Howell, Mr. [Pierse] Long, Mr [John] Kean, who reported September 28: "See letter May 2d. 1788 read from Secy at War relating to the same subject with copies of letters from Mr Jefferson. March 30th. 1790, transmitted the papers & letter--Sept. 23d 1784 from J.P. Jones. do. July 12th. '85. Mr. Jefferson, to the Office f. forn Affairs." Jefferson's letter is in No. 87, I, folio 13; the accompanying papers are on folios 17--23.]
His Excellency.
The President of Congress.
Office for Foreign Affairs,
19th September, 1785.
Sir: A few Days ago I had a visit from the Baron de Beelen Bertholff who stiled himself "Counsellor of Commerce and Navigation for the States of his Imperial Majesty." The Object of his Visit is explained in the Paper herewith enclosed.
There are several States with whom we have no Treaties, who subject us to no higher Duties than are exacted from Nations with whom they have commercial Treaties. There is Reason therefore to apprehend that if the Discrimination proposed to the Legislature of South Carolina should be adopted, it will be retaliated by all the foreign States who may be affected by it.
I have the Honor etc.
John Jay.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 80, I, folio 401. According to indorsement it was this day referred to Mr. [Elbridge] Gerry, Mr. [William Samuel] Johnson, Mr. [Charles] Pettit, Mr. [William] Grayson and Mr. [William] Ellery and "returned without a report Oct. 20." Roger Alden has noted: "transmitted to the Office f. f. Affairs, June 19th. 1788--to be filed." The proceedings of September 22 are also entered in the Reports of the Secretary of Congress No. 180.]
His Excellency
The President of Congress.
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Congress resumed the consideration of the requisition for 1785, and the following paragraph being under debate:
Federal buildings in part of the sum appropriated to that use by the resolution of the 20th December, 1784, 30,000.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [David] Howell, to strike out the words, "in part of," and to change 30 into 100; so that it read Federal buildings, the sum appropriated to that use by the resolution of 20 December, 1784, 100,000.
And on the question to agree to this amendment, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it passed in the negative.
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A motion was made by Mr. [Samuel] Hardy, seconded by Mr. [James] McHenry, to strike out the paragraph: And on the question, shall the paragraph stand part of this requisition? the yeas and nays being required by Mr. [James] McHenry,
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So the question was lost, and the paragraph was struck out.1
[Note 1: 1 On this day, according to indorsement and Committee Book No. 191, was read a letter from Oliver Pollock, dated September 22, relating to his petition before Congress. It is in No. 50, folio 507.]
Office of Secretary of Congress,
Sept. 22, 1785.
Agreeably to Order, the Secretary of Congress reports the following draught of a Commission to G. R. Clarke, R. Butler, R. Howe &
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S. H. Parsons, the present comrs. for negotiating with the Indians in the Northern and Middle department.
The United States in Congress assembled to all who shall see these presents send Greeting:
Whereas we have judged it proper that one or more convention or conventions be held with the Indians residing within the boundaries of the United States of America in the Northern and Middle departments comprehending the whole of the Indians known by the name of the six Nations and all other Indians to the northward and westward of them and as far south as the Cherokees exclusive for the purposes of receiving them into the favour and protection of the United States and of establishing boundary lines of property for separating and dividing the settlements of the citizens of the United States of America from the Indian Villages and hunting grounds and thereby extinguishing as far as possible all occasion of future animosities disquiet and vexation and whereas by our letters patent bearing date the twenty sixth day of April in the year of our Lord one thousand seven hundred and eighty four we nominated, constituted and appointed our trusty and beloved George Rogers Clarke, Oliver Wolcott, Richard Butler, Philip Schuyler, Benjamin Lincoln and Arthur Lee our Commissioners, giving and granting to them or to any three or more of them full power and authority, for us and in our name, to confer, treat, agree and conclude with the said Indians or with any Nation or tribe of Indians within the boundaries of the United States of America or bordering thereon in the Northern and Middle departments aforesaid; and whereas Oliver Wolcott, Philip Schuyler and Benjamin Lincoln have resigned their appointments and Arthur Lee has been by us elected a commissioner of our Board of Treasury; Now therefore know ye, that we have revoked and by these presents do revoke all power and Authority given and granted by our Letters patent aforesaid to the said Oliver Wolcott, Philip Schuyler, Benjamin Lincoln and Arthur Lee, and reposing special trust and confidence in the integrity prudence and ability of our trusty and well beloved Robert Howe and Samuel Holden Parsons have nominated, constituted and appointed them the said Robert Howe and Samuel Holden Parsons our commissioners. And we do by these presents nominate, constitute and appoint the said George Rogers Clarke, Richard Butler, Robert Howe and Samuel Holden Parsons our Commissioners, giving
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and granting to them the said George Rogers Clarke, Richard Butler, Robert Howe and Samuel Holden Parsons or to any two or more of them full power and authority for us and in our name to confer, treat, agree and conclude with the said Indians or with any nation or tribe of Indians within the boundaries of the United States or bordering thereon in the northern and middle departments aforesaid of and concerning the establishment of peace with the said Indians, the extinguishing their claims and settling boundaries between them and the Citizens of the United States in as ample form and with the same effect as if we were personally present and acted therein, hereby promising to hold valid and to fulfil and execute whatever shall be agreed upon, concluded and signed by our said Commissioners or any two or more of them.
In Testimony whereof we have caused the Sea] of the United States of America to be hereunto affixed. Witness his Excellency Richard Henry Lee, President of the United States in Congress Agreed to Sept. 22, 1785. R. H. LEE, P. assembled this twenty second day of Septr in the year of our Lord one thousand seven hundred and eighty five and of our Sovereignty and Independence the Tenth.1
[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 180, Reports of the Secretary of Congress; in draft form, in the writing of Thomson and Roger Alden, it is in No. 30, folio 291.
September 22: The following committees were appointed: Mr. [Elbridge] Gerry, Mr. [William Samuel] Johnson, Mr. [Charles] Pettit, Mr. [William] Grayson and Mr. [William] Ellery, on letter of June 26, 1785, from "John Adams: his interview wth. the Queen of England: the views of B: respecth. the treaty of Commerce and the line of Conduct that ought to be adopted by America." Adams' letter is in No. 84, V, folio 526.
Mr. [William Samuel] Johnson, Mr. [Melancton] Smith and Mr. [Gunning] Bedford, on a memorial of John Franklin, Ebenezer Johnson, Phineas Pierce and Lord Butler "of the dismission of their petition before Congress." This petition dated September 22 is in No. 41, III, folio 326. See ante, September 19.
Also a "Letter 21st. Sept, 1785, Timothy Pickering with a letter from Ralph Pomeroy, late Depy. Q. M. for Connecticut, of settling his accounts" was referred to the Board of Treasury to report. See post, September 26. Pickering's letter is in No. 78, XVIII, folio 583, Pomeroy's is on folio 587.
Committee Book No. 190.]
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