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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 --WEDNESDAY, NOVEMBER 2, 1785.
Congress assembled. Present, as before.
The Agents for the States of Massachusetts and New York, represented to Congress as follows:
To the honorable the United States in Congress Assembled: The Agents of the States of Massachusetts and New York, whose names are subscribed, beg leave to represent: That such have been the difficulties and delays in obtaining answers from several of the judges, chosen to determine the controversy between the said States, that they are left in suspense even to this hour; a circumstance which hitherto hath prevented a hearing and renders farther procrastination unavoidable. Wherefore it is prayed, in behalf of the said States, that the hearing of the said controversy may be on such future day as the parties shall mutually agree upon, and hereafter certify to Congress, and at the place appointed for that purpose, by their act of the ninth day of June last,
Signed, Jas. Duane, John Jay,
Agents for New York.
E. Gerry, Rufus King, S. Holten,
Agents of Massachusetts.
New York, November 1, 1785.1
[Note 1: 1 This representation, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 67, II, folio 503.]
Whereupon Resolved, That the court for determining the controversy aforesaid, be held at the city of Williamsburgh, in the State of Virginia, upon such future day as the parties, by their lawful agents, shall mutually agree upon and hereafter certify to Congress, or in case of their disagreement, upon such day as may be appointed by Congress, on the application of either party.
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On a report of the Secretary at War,
Resolved, That the several States who were called upon by the Acts of Congress of 1st, 7th and 12th of April last to raise 700 men for the service of the United States suspend the farther recruiting of the said men until the 1st day of March next, and that the Secretary at War govern himself accordingly.
On a report of the board of treasury, to whom was referred a letter of the 24 October, from J. Pierce, commissioner of Army accounts,
Resolved, That all persons having claims for services performed in the military department, be directed to exhibit the same for liquidation to the commissioners of army accounts, on or before the first day of August, ensuing the date hereof, and that all claims, under the description above mentioned, which may be exhibited after that period, shall forever 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.
The committee, consisting of Mr. [Elbridge] Gerry, Mr. [William] Grayson and Mr. [John] Kean, to whom was referred a motion of the delegates of New Hampshire, in behalf of that State, for obtaining of Congress the loan of 16 brass artillery and 8 Ammunition waggons, having made a report, and the same being under debate,
A motion was made by Mr. [Pierse] Long, seconded by Mr. [David] Howell, to postpone the report, in order to take up the following, viz.
Whereas Application has been made, by the delegates of New Hampshire, agreeable to the Orders they have received from his Excellency the president of that State, who is now organizing the Militia thereof, for a loan of 16 pieces of brass field Artillery and 8 Ammunition waggons, for which said State will hold themselves accountable, and deliver the same to the Order of Congress or their secretary at War, and as
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Congress are desirous on all occasions to comply with every reasonable request, made by any State in the union, and as the legislature of New Hampshire are now exerting themselves to have a well regulated and disciplined Militia, and without a loan of cannon, &c. from the United States, the representative of that state now in Congress, is of opinion, they cannot comply with the 6th article of the Confederation but in part, which induces him to submit the following resolution: That the Secretary at war deliver to the state of New Hampshire, 8 pieces of brass field artillery, and 4 ammunition waggons, to be returned on the order of Congress, or the said secretary at war.1
[Note 1: 1 This motion, in the writing of Pierse Long, is in the Papers of the Continental Congress, No. 36, III, folio 197.]
On the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Pierse] Long,
{table}
So the question was lost.
On the question, the report of the Committee was agreed to as follows:
Resolved, That however desirous Congress may be, on every occasion, to comply with the request of the State of New Hampshire, they cannot with a due regard for the public
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safety, establish a precedent for dispersing the field artillery or military stores of the United States, by loaning the same to individual states, but earnestly recommend it to every state, not supplied with such artillery or stores, to procure them without delay, pursuant to the 6th article of the Confederation.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 20, I, folio 39.
On this day, according to indorsement, was read a letter of October 30 from Robert Edge Pine, presenting Congress with prints of the Magna Charta, the House of Lords and the House of Commons. It is in No. 78, XVIII, folio 595.]
On a letter of this day, from the secretary for foreign Affairs, desiring leave of Absence next week,
Office For Foreign Affairs,
2d. Novemr., 1785.
Sir: A compleat Duplicate of the Papers sent by Capt. Lamb, are preparing and will be ready to Day. I propose to transmit them to Mr Adams by Mr Houdon who will sail in the Packet To-morrow, unless Congress should think proper to order otherwise. For not having received their Commands respecting these Papers so far as they relate to the Algerines, of whose hostilities, we have no official, tho' probable Advices, I think it my Duty to proceed agreeable to the former Design of Congress.
The inferiour Court of Common Pleas for the adjoining County of West Chester, is to sit next week at Bedford which is a Days Journey from hence, and I am called upon to attend it on Business respecting the Division of some Lands there, in which I am interested as a Tenant, in common with several others.
This Circumstance induces me to request the permission of Congress to be absent the ensuing Week. The most pressing Business of this office is dispatched, and in Case anything should occur to call for my returning sooner, I shall leave Directions with Mr Remsen on such an Event to send an Express for me immediately.
I have the Honor to be, etc.,
John Jay.2
[Note 2: 2 This letter is in No. 80, II, folio 49. It is indorsed as referred back to the Secretary for Foreign Affairs to take order. The first paragraph and this order of Congress thereon are entered in Resolve Book No. 123.]
His Excellency The President Of Congress.
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Ordered, That leave be granted.
Office For Foreign Affairs,
2d. November, 1785.
The Secretary of the United States for the Department of foreign Affairs to whom was referred his Letter of 29th. Ult. to his Excellency the President mentioning the Arrival here of Mr. Houdon, a celebrated Statuary, and hinting the Propriety of employing him to make the Equestrian Statue of General Washington voted by Congress, Reports--
That he Yesterday conferred with Mr. Houdon on the Subject. He said that being in Possession of the Foundary at which was cast a fine equestrian Statue of Louis the 15th. he will be able to make the one in Question on Terms more Moderate than any other Artist in Paris.
That until his Return it will not be in his power to form an accurate computation of the Expence, but that he will then prepare and transmit an Estimate; and proposed that in the mean Time nothing further might be done.
Your Secretary takes the Liberty of observing that the Devices in Basso-relieve directed to be wrought on the Pedestal will exceedingly enhance the Expence, and therefore in his Opinion merits re-Consideration.
It will require a very able Artist to compose these several Devices, and prepare them for the Engraver, who should also be an eminent one.
When they are compleated none but such as may be minutely informed of the History of the Transactions, alluded to will understand them, and when they do, they will find them better represented by the Historian.
To your Secretary these Devices and the great Expence attending them appear perfectly useless.
Would it not be more laconic, equally nervous, and less expensive, to put in the Place of these Devices, only a Book inscribed--"Life of General Washington," and underneath--Stranger read it. Citizens imitate his Example.
All which is Submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 This report is in No. 81, I, folio 495. According to indorsement it was read this day.
Also on this day, according to Committee Book No. 190, "A Motion of Mr. Gerry relative to cancelling certain Loan Office certificates" was referred to the Board of Treasury to report, which it did November 30.]
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