| 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 --TUESDAY, JANUARY 31, 1786.
Congress assembled. Present as before.
On the report of a committee, consisting of Mr. [Nathaniel] Gorham, Mr. [Charles] Pettit and Mr. [John] Bayard, to whom was referred a petition of Hend: Wyckoff, praying that Sea letters be granted for a vessel, which he and other citizens of the state of New York, have fitted out for a distant voyage,
Resolved, That a sea letter be granted for the Brigantine Betsey, Neal McHenry, master, in the same form as the letter granted on the 2d instant for the ship Canton, mutatis mutandis.
On motion of Mr. [Charles] Pinckney, seconded by Mr. [William] Hindman,
Resolved, That a vice consul be appointed to reside at Canton; and in case of the death or absence of the consul appointed to that place, that he exercise all the powers and duties of consul, but without being entitled to any salary, fees or emoluments.
Congress proceeded to the election of a vice consul, and, the ballots being taken, Mr. Thomas Randal, of Pennsylvania,
Page 31 | Page image
was elected, having been previously nominated by Mr. [Charles] Pinckney.
Ordered, That the secretary for foreign affairs prepare a commission for Mr. Randal; that the same, when prepared, be signed by the chairman; and that the seal of the United States be thereto affixed.
The Secretary of the United States for the department of foreign Affairs, to whom was referred a letter of 4 November last, from his excellency the governour of Massachusetts to the delegates of that Commonwealth in Congress, having reported,
That this letter states in substance, "That divers effects had by orders of the British Commanders in chief been taken from the inhabitants, not as the property of enemies but of persons under their protection, under the idea that the former ownership continued, and the greater part of which was expressly engaged to be restored by those Commanders; that the latter clause in a British Act of parliament passed in the twentieth year of George the third creates legal impediments to those Owners recovering in due course of law the value of their effects so taken. That considering the peculiar circumstances of this subject, the spirit and real intention of that clause, the times and general purposes that produced it, the legislature is induced to believe that if Congress would instruct their Minister at the court of London to move this subject properly digested to that court, the government of that Nation would so far reconsider their former doings on it as to remove those impediments, or make some other provision whereby right and justice shall be done to the parties and individuals more immediately concerned."
If Congress make any application to the british court on this subject, it can only be either for Justice or for favour. The latter will doubtless be out of question.
Page 32 | Page image
If for justice, two questions arise. First, Whether their application can be supported on that ground; and Secondly, Whether it will probably be successful, if it can be so supported. The clause recites that "Whereas before the passing of this act divers persons, vessels, cargoes and other effects may have been seized, detained, damaged or destroyed, in pursuance of orders, regulations, restrictions and limitations, heretofore issued and established by the commanders in chief of his Majesty's forces in North America, or by persons acting under their authority, for the public service, and for suppressing the rebellion in North America," it then enacts "that all such acts, matters and things shall be deemed and are hereby declared to be legal to all intents and purposes whatever; and that all actions, &c. for or by reason of any act, matter or thing advised, commanded, appointed or done with respect to such orders and regulations by the said commanders in chief, or by any person acting under their authority, shall be discharged and made void."
May it not be questioned, whether this act can be construed to invalidate the engagements or promises of the Commanders to make restoration? Or, in other words, can effects taken under such engagements be considered as coming within the view and provision of the statute which, from the nature of it, must be construed strictly? If the court and their judges should adopt this idea, the matter will naturally remain as it now is, and the application would produce nothing except perhaps an Opinion that it was premature.
If, on the other hand, they should consider all these cases as within the Act, might they not answer, that all military violences and injuries on both sides were done away by the peace, and that as these cases were not
Page 33 | Page image
provided for in it, they must remain as they then were? May they not also answer, that we pass laws in some of the states impeding british creditors from recovering their debts as stipulated by the peace; and that in another, we pass laws authorizing actions at law for damages done during the war by military order, and that while such acts continue, such applications should be postponed?
Admit that justice demands of them to remove the impediments in question, is it probable that they would do it?
A judgment of the temper of the nation in general, and of their parliament in particular, may be formed from Mr. Adams' letters; and they, in the opinion of your secretary, represent it in a point of view so unfavourable as to promise no success to such an Application. Many of their officers might be deeply affected by the loss of that indemnity, which they now hold on the faith of government; and it is not likely that they will open their treasury and compensate the sufferers in question out of it, when so many refugees, for whom they are bound to provide, are daily importuning them for Money.
For these and a variety of reasons your Secretary thinks it is not probable that such an application would be successful; and he also thinks that Congress should never demand or ask for even justice, while they have great reason to apprehend a refusal, unless in cases where they may be able and determined to compel a compliance by force or retaliation.
If a period should arrive when both countries shall be disposed to do away whatever may be mutually offensive or disagreeable, it is not improbable that in the moment of that good humour they might do something
Page 34 | Page image
thing for the sufferers under consideration; but that period has not yet arrived.
Upon the whole matter, your secretary is of the Opinion, that copies of these papers should be transmitted to Mr Adams; that he be instructed to sound the British minister on the subject, but not to bring any formal demand or representation thereon, unless from preceeding circumstances he shall be induced to think that it would have a favorable issue; it being the intention of Congress to refer the time and manner of doing it to his prudence and discretion.
Resolved, That Congress agree to the said report.
Ordered, That the delegates for Massachusetts be furnished with a copy of the above report and resolution.1
[Note 1: 1 This proceeding is entered by Thomson in the Secret Journal, Foreign and Domestic, No. 4. A copy, attested by him, is in Secret Journal No. 6 and a copy is in No. 5. Jay's original report is in No. 81, II, folio 15. See ante, January 5.]
The Committee consisting of Mr. [Charles] Pinckney, Mr. [Nathan] Dane, Mr. [James] Monroe, Mr. [William Samuel] Johnson and Mr. [Rufus] King to whom were referred a report from the Board of Treasury on revising the system adopted for the settlement of the accounts of the five great Departments and containing such alterations therein as would in their opinion be more conducive to a speedy and just settlement of the said accounts, recommend it be
Resolved That the resolutions of Congress of the 27 February, 1782, so far as they relate to the appointment of commissioners for settling the accounts of the five great departments be repealed
That the respective commissioners deliver to the order of the board of Treasury the books and papers of their several offices and that they account respectively with the comptroller of the treasury for the amount of the certificate paper delivered to them.
That the board of treasury be and they are hereby impowered and directed to apply out of the monies heretofore granted to the said departments a sum not exceedingdollars per annum for the sole and express purpose of procuring a speedy settlement of the accounts of the said departments
Page 35 | Page image
That the settlement of the accounts of the 5 departments be vested in one commissioner to be appointed by Congress and subject to the Superintendance and controul of the Board of Treasury.
That he exercise all such powers in the adjustment of the same as were assigned to the said commissioners by any former resolutions of Congress and that he be alloweddollars per annum during the time he shall be employed in the same.
That in organizing the said office, the Board of Treasury be and they are hereby authorized to engage such persons as they may judge best adapted to their respective stations reporting to Congress the names of those employed and their respective allowances.
That all persons employed in adjusting the said accounts take the oath of office previous to their entering on the execution of the trust reposed in them.1
[Note 1: 1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 26, folio 477. According to indorsement it was read this day and "Thursday next assigned for Consideration." A printed copy of this report, with ms. alterations by Thomson showing the form in which it passed on March 24, is on folio 475.
On this day also, according to indorsement, the petition of Reverend Henry Möller, Lutheran minister, for depreciated pay as a chaplain in the Continental Army, was referred to Mr. [Rufus] King, Mr. [Pierse] Long and Mr. [Stephen Mix] Mitchell. The petition, dated January 15, 1786, is in No. 42, V, folio 331. Thomson has indorsed it "returned by Mr. King 9 Oct. 1787."]
The Committee [consisting of Mr. Charles Pettit, Mr. John Kean, and Mr. John Bayard] to whom was referred a Letter from Mr. John Wingrove together with a Recommendatory Letter in favour of the said Mr. Wingrove from the Honble. John Adams, Report
That, however desirous your Committee may be to encourage the laudable Desire of Mr. Wingrove to serve the United States in India, they find themselves precluded from recommending a Compliance with his wishes at present by a general Resolution of Congress, "That it is inconsistent with the Interest of the United States to appoint any Person, not a Citizen thereof, to the Office of Minister, Chargé des Affaires, Consul, Vice-Consul, or to any other civil Department in a foreign Country."2
[Note 2: 2 This report, in the writing of Charles Pettit, is in the Papers of the Continental Congress, No. 19, VI, folio 577. According to indorsement it was read this day and on February 1 referred to the Secretary of Congress to take order. The Secretary acted thereon on February 2. The proceeding is entered in Resolve Book No. 123 by Benjamin Bankson.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |