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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 --FRIDAY, MARCH 10, 1786.
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia and
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South Carolina; and from New Hampshire, Mr. [Pierse] Long, and from Maryland, Mr. [William] Hindman.
The board of treasury, to whom was referred on the 6th instant, a concurrent Resolution of the honorable the Senate and Assembly of the State of New York, dated 24th of February last, instructing the delegates of the said State to request of the United States in Congress, an extension of time to the commissioner for adjusting accounts within the said State, beyond the period fixed by the Resolve of Congress of 17 March, 1785, having reported,
That although the Commissioners in the several states are precluded from receiving any individual claims after the 17 March instant, they may, consistently with the said resolve, complete the liquidation of all such accounts, as may be deposited in their respective Offices previous to that day. That such claims in the several states as are not delivered in at the Offices of the different commissioners at the period fixed by the Resolve of Congress of the 17th March, 1785, may still be adjusted at the treasury Office of the United States; and that from the present establishment of that Office in this city, the Citizens of the state of New York are in a more favourable situation for adjusting their claims against the Union, than the Inhabitants of Other states. That it is of the highest national concern that the accounts of the several states with the United States, should be brought to a speedy and final adjustment, that the time of the Commissioners of public accounts has been hitherto so engrossed in the liquidation of individual claims, that little or no progress has been made in this important Object. That under these circumstances, the board of treasury submit to the consideration of Congress the following resolve, viz. That the Application of the honourable the Senate and Assembly of the state of New York, praying that the time fixed for receiving and adjusting individual claims within the said state, by the commissioner of public accounts, may be extended to the first of November next, cannot be complied with, without establishing a precedent, which would render the final adjustment of such claims so indefinite, as to be injurious to the general Interest of the Union" 1
[Note 1: 1 The report of the Board, signed by Samuel Osgood, Walter Livingston and Arthur Lee, is in the Papers of the Continental Congress, No. 139, folio 119. According to indorsement it was read March 9.]
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On the question to agree to the said report, the yeas and nays being required by Mr. [John] Lawrance,
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So the question was lost.
Office For Foreign Affairs,
9th. March, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred the Treaty lately concluded with Prussia, and transmitted with a Joint Letter from Mr. Adams and Mr. Jefferson, Reports:
That on considering the several Articles in the said Treaty, he observes that each Party is to enjoy in the Dominions of the other the same Rights and Privileges as to Commerce &c. as are or shall be granted to the most favored Nation.
On this Point your Secretary adheres to the same Opinion which he heretofore communicated to Congress in his Report of 17th. May last, on the Draft of a Treaty of Amity and Commerce transmitted by the American Ministers. He also thinks that much of the reasoning in that Report applies to certain other Articles in the Treaty under consideration.
Your Secretary suspects that the following Article is a little equivocal vizt.: "more especially each Party shall have a Right to carry their own Produce, Manufactures, and Merchandize in theft own or any other Vessels, to any Parts of the Dominions of the other, where, it shall be lawful for all the subjects or Citizens of that other freely
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to purchase them; and thence to take the Produce, Manufactures and Merchandize of the other which all the said Citizens or Subjects shall in like Manner be free to sell them paying &ca."
Altho' the meaning of this Article appears obvious, yet it might perhaps be construed to imply that there are or will be certain free Ports; where every Thing brought by or belonging to either Party may be freely sold and bought, in Contradistinction to other Ports and Places in the same Dominion where such Liberty is not allowed. The Intention of the Article doubtless is that such Liberty is to be enjoyed at every Port and Place.
The latter part of the 10 Article is not quite reciprocal, viz.
"And where on the Death of any Person holding real Estate within the Territories of the one Party, such real Estate would by the Laws of the Land descended on a Citizen or Subject of the other, were he not disqualified by Alienage, such Subject shall be allowed a reasonable Time to sell the same and to withdraw the Proceeds without Molestation &c.; But this Article shall not derogate in any Manner from the Force of the Laws already published or hereafter to be published by the King of Prussia to prevent the Emigrations of his Subjects."
This latter Clause reserves to the King of Prussia the Right of making Laws to prevent Emigrations, but does not so limit the Extent of those Laws, as that they shall not operate against the Right to sell &c. granted in the preceding one; for instead of saying that such Laws shall not derogate in any Manner from the true Intent and Meaning of this Article, it says that this Article shall not derogate in any Manner from the Force of his Laws &ca. Besides the like right is not reserved to the United States.
Upon the whole Matter, and particularly considering that the Duration of this Treaty is limited to ten Years, your Secretary thinks that it will be prudent and best to ratify it.
A Year from the day of the Signature is allowed for the Exchange of Ratifications. It appears to have been signed by Baron Thulemeir 10 September, 1785; Mr. Adams 5 August, 1785; Doct. Franklin 9 July, 1785; Mr. Jefferson 28 July, 1785.
This Term of a Year is doubtless to be computed from 10 September last, for as the Prussian Minister appears to have signed it last, and
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it was not until then compleat, there can be no Room for the Questions that might have otherwise arisen on the subject.
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, II, folio 57. According to indorsement it was read this day and referred back to the Secretary for Foreign Affairs to report the form of a ratification of said treaty. According to Committee Book No. 190, he reported March 16.
March 10: On this day, according to indorsement, was read the report of the committee of March 6, on John Pierce's letter of March 2. "Thursday, March 16, 1786, assigned for consideration postponed; passed 30 June, 1786," where it is spread verbatim on the Journal. The report, in the writing of Nathan Dane, is in the Papers of the Continental Congress, No. 28, folio 123.
Also, according to Committee Book No. 190, a Grand Committee was this day appointed, consisting of Mr. [Pierse] Long, Mr. [Nathan] Dane, Mr. [William Samuel] Johnson, Mr. [Melancton] Smith, Mr. [Josiah] Hornblower, Mr. [John Bubenheim] Bayard, Mr. [William] Hindman, Mr. [James] Monroe and Mr. [Charles] Pinckney, on a "Motion of Mr. Monroe and motion of 12 Oct. 1785, which was referred to a former gr. com.ee To meet in the congress chamber To morrow at 10 o.clock." The committee appointed October 12, 1785, was this day discharged and this new Grand Committee reported March 24. The business related to the cessions of Western lands.]
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