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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 --MONDAY, OCTOBER 31, 1785.
Congress assembled. Present as before.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Rufus] King,
That the following proposition for an addition to the 8th article of the Confederation, to be adopted by the several States for the term of 8 years, and if then approved to become part of the said 8 Article, viz. "The said taxes shall be laid and levied separate from any other tax, and paid into the treasury of the United States, and the names of the collectors of such taxes shall be returned by the states respectively, to to the treasurer, for the time being, of the United States, who, when directed by Congress, is hereby authorised, by himself or his deputy, to issue executions against any such collector, for so much of the said taxes, which shall have been committed to him to collect, as shall not be paid into the treasury aforesaid, within the time specified in the requisitions
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of Congress, on which such taxes may respectively be levied," be referred to a committee to report.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, III, folios 193 and 195.
On this day, according to the indorsement, was read a letter from the Secretary at War, dated October 28, on a letter received from Lieutenant Colonel Harmar, dated October 22, and suggesting the suspension of the recruiting service until March next. It was passed November 2 and is in No. 151, folio 125.]
On the question to agree to this, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question was lost.
The following report being under debate, viz:2 A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [Elbridge] Gerry, that the consideration of the report be postponed, and on the question to postpone, the yeas and nays being required by Mr. [James] McHenry,
[Note 2: 2 Thomson has here pasted in the Journal a printed copy of the report of McHenry, Read and Pettit, of September 26, q. v., on the Post Office. As here inserted it is not properly a proceeding of this date.]
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So it was resolved in the affirmative.
Board Of Treasury,
Octr., 28th., 1785.
The Board of Treasury to whom was referred the letter of John Pierce Commissioner of Army Accounts of the 24th. October Inst. relative to the progress made in the business of that Department, beg leave to Report.
That in the opinion of this Board it is highly necessary that a period should be fixed for the final adjustment of all claims against the United States arising in this Department and that from the Nature of such claims, they cannot with safety to the Public be investigated by any other Officer than the present Commissioner.
They therefore submit to the consideration of Congress the following Resolve, Vizt.
That all persons, having claims for services performed in the Military Department, be directed to exhibit the same for liquidation to the Commissioner of Army Accounts, on or before the first day of August ensuing the date hereof: and that all claims, under the description abovementioned, which may be exhibited after that period shall for ever thereafter be precluded from adjustment, or allowance; and that the Commissioner of Army Accounts give public notice of this resolve in all the States for the space of six months.1
[Note 1: 1 The report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, II, folio 253. According to the indorsement it was read this day and passed November 2.]
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The Comee. [consisting of Mr. William Grayson, Mr. James McHenry and Mr. John Kean] on a letter of the 9th. Augst. last from Messrs. Isaac Roosevelt, John Mercier and W. Malcom and also a letter of the 2d. Augst. last from Walter Livingston in behalf of himself and associates and Comfort Sands & Co. Report
That [they have agreed to nominate Messrs. Abram Lott and Gerard Bancker as] two additional referrees be appointed between the U. S. and W: Livingston and Comfort Sands & Co: and their associates.1
[Note 1: 1 This report, in the writing of John Kean, is in the Papers of the Continental Congress, No. 19, III, folio 607. The brackets appear in the report as shown. According to indorsement it was read this day and acted on November 4. See ante, June 27.
On this day, according to Committee Book No. 190, the name of--Moore, nominated as one of the Commissioners for running the boundary line between Massachusetts and New York, was withdrawn. See ante, September 30.]
Office For Foreign Affairs,
31th. October, 1785.
The Secretary of the United States for the Department of foreign Affairs in Obedience to the Order of Congress directing him to Report the Fees to be paid to Consuls, their respective Jurisdictions and Duties, and the Customs of Nations respecting Salaries, Fees, and Perquisites allowed to Consuls, Reports--
That Consuls are received by foreign Nations either in persuance of Stipulations in Treaties subsisting between the Nations sending, and receiving them; or in pursuance of the general Customs observed by commercial States.
That the Duties of Consuls are, to attend to the Rights and Privileges claimed by their Nations, either in Virtue of Treaties, or the Laws and Usage of Nations, and particularly of that Nation to which they are sent. And further, to do and perform such things as their Sovereign may enjoin, and the Laws of the Country to which they are sent permit. That their Jurisdiction as to Extent, always depends on their Commission, and as to its Objects relates chiefly to the Determination of such Controversies and Contests as may there happen between the Merchants and Traders of their Nation.
That the English in some Cases allow their Consuls Duties on Goods loaded, and unloaded, and in others Duties on Shipping.
That the Spaniards do the same.
That the French pay Salaries to their Consuls, raised for the most Part out of similar Imposts. That the Dutch in some Instances allow neither Salary nor Duties.
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That for Want of proper Books your Secretary finds it difficult to collect immediately full and satisfactory information on these Points. That it is not more easy for him to decide the other Question referred to him, vizt.--Fees ought to be paid to Consuls.
He thinks that neither Salaries or Fees, should be allowed to Consuls established in Ports, whose Trade with America is so extensive and lucrative as to afford them the Means of acquiring a decent living. And that in Ports not so circumstanced, but at which it may be expedient to have Consuls, it would be better to allow them a small Stipend, than permit them to take Fees for their own use.
That it is customary for the English to provide a Fund at various Ports for the Relief of Shipwrecked Seamen and Captives, by imposing either a small Tonnage on their Vessels frequenting, or their Cargoes delivered at, those Ports.
That this Example appears to your Secretary worthy of Imitation, and that the Surplus of these Funds which may remain after providing for such charitable Purposes, might be applied towards Stipends for such Consuls, whose Situation may render them proper.
That one Obstacle opposes these Arrangements--Vizt. the Want of Power in Congress to impose such Duties or authorize the taking such Fees--but this is an Obstacle which must greatly embarrass and render imperfect almost every commercial System and Regulation that can be devised for putting the Trade of the United States on an advantageous and respectable Footing.
All which is Submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, I, folio 481. According to indorsement it was read this day.]
[Motion of Mr. Elbridge Gerry]
That the Ministers of the U. States in Europe who now are or hereafter may be appointed be vested with the powers of Consuls General, and that the Consuls be authorized permitted to trade, but not entitled to Fees or Salaries.2
[Note 2: 2 This motion, in the writing of Gerry, is in the Papers of the Continental Congress, No. 36, III, folio 191. It was, apparently, offered during the debate on Jay's report.]
New York, 29th. October, 1785.
Sir: Yesterday Mr. Houdon a celebrated french Statuary arrived here from Virginia where he has taken the Bust of General Washington.
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He is strongly recommended to me by the Marquis de la Fayette and Doctor Franklin as an Artist of great Merit, and the most proper one to employ in making the equestrian Statue of General Washington voted by Congress. He purposes to sad next Week in the English Packet.
I have the Honor to be etc.
John Jay.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 80, II, folio 41. According to indorsement it was read this day and referred back to the Secretary for Foreign Affairs to report, which he did November 2.]
His Excellency The President Of Congress.
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