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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, JANUARY 2, 1786.
Congress assembled: Present, as before.
On motion of Mr. [Charles] Pettit, seconded by Mr. [Rufus] King,
Resolved, That a Sea letter be granted to the Ship Canton, Thomas Truxton, Master, in the form following:
Most serene, serene, most puissant, puissant, high, illustrious, noble, honourable, venerable, wise and prudent Emperors, kings, republics, princes, dukes, earls, barons, Lords, Burgomasters, counsellors, as also judges, Officers, Justiciaries and regents, of all the good cities and places, whether ecclesiastical or secular, who shall see these presents, or hear them read:
We, the United States in Congress assembled, make known, that Thomas Truxton, captain of the ship called The Canton, is a citizen of the United States of America, and that the ship which he commands belongs to citizens of the said United States, and as we wish to see the said Thomas Truxton prosper in his lawful affairs, our prayer is to all the before mentioned, and to each of them separately, where the said Thomas Truxton shall arrive with his vessel and cargo, that they may please to receive him with goodness and treat him in a becoming manner, permitting him upon the Usual tolls and expenses in passing and repassing, to pass, navigate and frequent the ports, passes, and territories, to the end to transact his business where and in what manner he shall judge proper, whereof we shall be willingly indebted.
In testimony whereof, we have caused the seal of the United States of America to be hereunto affixed.
Witness,David Ramsay,
Chairman of Congress, in the absence of his Excellency John Hancock, President, this second day of January, in the year of our Lord one thousand seven hundred and eighty-six, and of our Sovereignty and independence the tenth.1
[Note 1: 1 This proceeding is also entered in Secret Journal, Foreign Affairs, No. 5.]
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A Letter of the 29th of December, 1785, from the Secretary for Foreign Affairs, with a Letter from Mr. J. Temple, of the 21st of December, having been read as follows:
Office Of Foreign Affairs,
December 29, 1785.
Sir, Your excellency will receive herewith enclosed a letter to me of the 21st instant, from Mr. Temple, who is desirous that Congress would be pleased to pass a resolution that may remove the difficulties stated in it.
I have the honour to be, with great respect; your excellency's most obedient and very humble servant,
John Jay.1
[Note 1: 1 Jay's letter is entered only in Secret Journal, Foreign Affairs, No. 5.]
His Excellency the President of Congress.
New York,
December 21, 1785.
Sir, It having been represented to the ministers of the king, my sovereign, that divers of his majesty's subjects, or loyalists, who had property and outstanding debts in these United States anterior to the late war, (and to whom his majesty's benevolence and bounty are now about to extend commensurate with their real losses) have met with great trouble and difficulty in obtaining, and in some instances have been totally refused such office copies from the publick records and papers, as are indispensably necessary to substantiate their claims before a board of commissioners appointed to receive and examine the same; will you give me leave to request of you to be so obliging as to move the honourable Congress of these United States to take the matter into consideration, and to do thereupon as in their wisdom and justice may appear to be fit and proper
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upon the occasion, so as that the said loyalists or sufferers, or their attorneys, may have access to the publick records and papers in the several states, (upon paying the lawful or usual fees of office) in the same mode and manner as the subjects of the United States are permitted or accustomed to have.
I have the honour to be, sir, your most faithful and obedient servant,
J. Temple.1
[Note 1: 1 This letter is entered in Secret Journal, Foreign Affairs, No. 5.]
The Hon. John Jay, Esquire, Secretary for Foreign Affairs, United States of America.
A Letter from Mr. Temple of the 21st. December, 1785, having been referred to the Secretary for foreign Affairs to report on the propriety of the application and expediency of a reply; and the said secretary for foreign Affairs having made the following report. Viz--
Office For Foreign Affairs,
31st. December, 1735.
The Secretary of the United States for the department of foreign Affairs, to whom was referred a Letter to him of the 21st inst. from the Consul General of His Britannic Majesty, representing that Certain persons, called Loyalists, had found difficulties in obtaining and in some instances been refused Office Copies of publick records in the United States, and desiring the interposition of Congress, &c: Reports, That in his Opinion your Secretary should write a Letter of the following tenor to Mr. Adams Viz--
Sir, I have the honour of transmitting to you herewith enclosed a Copy of a Letter of the 21st December from Mr. Temple to me, which I laid before Congress. They have been pleased to direct that you communicate
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it to his Britannic Majesty. That you inform him that the complaint stated in it, being in general terms, and unsupported by any particular facts or evidence, they do not think it necessary or proper to take any measures in consequence of it. And that you assure him, that as it is their determination the Treaty of Peace shall be punctually observed by their Citizens, and that his Majesty's subjects shall enjoy here all the rights which friendly and Civilized nations claim from each other; so they will always be ready to hear every complaint which may appear to be well founded, and to redress such of them as on investigation shall prove to be so.
This communication will give you an opportunity of remarking, that the Office of Consul general does not extend to matters of this kind. Neither the rights of commerce nor of Navigation being in question, and therefore that it was delicacy towards his Majesty, rather than the sense of the propriety of such an application from a Consul General, which induces Congress to treat it with this mark of attention.
It would perhaps be well to pursue the subject, to intimate the expediency as well as propriety of sending a Minister here, and if circumstances should so dictate, to accompany it with assurances that Congress expect a Minister, and are ready to receive and treat him in a manner consistent with the respect due to his Sovereign.
The advantage alluded to in one of your letters, if no other, would result from such an appointment, Viz. that the British Court would then probably receive more accurate representations of affairs in this Country, than they are at present supplied with by men, who write and speak more as their wishes and feelings, than as truth and knowledge dictate.
I have the honour to be, etc.
The Hon. John Adams.
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Your secretary is further of Opinion, that he should write the following Answer to Mr. Temple's letter, viz.
Sir, I took the earliest opportunity after the meeting of Congress to lay your Letter of the 21st December before them.
They have ordered a Copy of it to be transmitted to their Minister at the Court of London, with directions to communicate it to his Britannic Majesty, to inform him that the complaint stated in it being in general terms, and unsupported by any particular facts or evidence, they do not think it necessary or proper to take any measures in consequence of it. And to assure him that as it is their determination the Treaty of Peace shall be punctually observed by their Citizens, and that his Majesty's subjects shall here enjoy all the rights which friendly Civilized Nations claim, from each other, so they will always be ready to hear every complaint which may appear to be well founded, and to redress such as on investigation shall prove to be so.
I have the honour to be, &c.
John Temple, Esq. Consul General, &c.
Resolved, That Congress agree to the said report.1
[Note 1: 1 This proceeding, attested by Charles Thomson, is entered in Secret Journal No. 6 and also in Secret Journal No. 5 by Benjamin Bankson, with minor verbal changes. A copy is in Secret Journal No. 4. Jay's report is in the Papers of the Continental Congress, No. 80, I, folio 503.]
Office For Foreign Affairs,
30th. December, 1785.
The Secretary of the United States for the Department of foreign Affairs to whom was referred the Memorial of Coxe, Frazier, Donaldson &c., praying for a Sea Letter or Passport for the Ship Canton, which they purpose to send on a Voyage to Canton in China, Reports--
That in his Opinion a Passport Should be granted to them in the Form following, vizt.--
We the United States of America in Congress Assembled unto all Emperors, Kings, Sovereigns, Princes, States and Regents, and to
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their several and respective Officers, civil and military, and to all others, whom it may concern make known by these Presents:
That as certain of our Citizens have prepared and fitted out a Ship of the Burthen of two hundred and fifty Tons called the Canton Commanded by Captain Thomas Truxton, navigated by twenty-eight men, and armed with four Cannon which carry Balls of six pounds weight, which Ship they propose to send forthwith from the City of Philadelphia in our Commonwealth of Pennsylvania to the City of Canton in the Empire of China. We the said United States do request You and each of You to permit the said Ship to perform her said Voyage and return without Interruption, and that you will be pleased to receive the said Ship and her Captain and Crew with Kindness at all such of your Ports as they may find it necessary or convenient to touch at, and to permit them to enjoy while in your Dominions all those Rights, Privileges, and Immunities of Navigation, Protection, and Trade which Humanity may require and your Laws permit, they behaving with due Respect to your Government and paying the accustomed Duties and Expences.
We for our Parts will always receive and treat your Ships and People in a friendly manner, and will on every Occasion acknowledge such good Offices and Acts of Kindness as you may shew to ours.
In Testimony whereof We, the said United States in Congress Assembled, have hereunto caused our Seal to be affixed and in the absence of our President have directed our Chairman to subscribe his Name. Done in Congress at the City of New York this second day of January in the year of our Lord one thousand and Seven hundred and eighty-six.
All of 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 5. According to indorsement it was read this day and the "Question taken and lost."]
[Motion of Mr. King]
Ordered, That the Secretary of Congress report the number of States, which have complied in whole or in part with the revenue System of Apl. 18th., 1783. The recommendation of Congress of the same date for an alteration of the 8th. of the Arts. of Confed. and the
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act of the 30th. of Apl. 1784, recommending the vesting of certain commercial powers in Congress.1
[Note 1: 1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 29, folio 215. According to indorsement and Committee Book No. 190 it was passed this day. The proceeding was also entered, in condensed form, in Resolve Book No. 123. Thomson reported January 4 and, according to indorsement on King's motion, 100 copies of this report were printed.
January 2: On this day the report of the Secretary of Congress on the letter of December 28, 1785, from Nathaniel Sacket, recommending that, as the act of Congress of April 23, 1784, and the Ordinance of May 20, 1785, covered the matter, the letter be filed, was agreed to.
The report of the Secretary of Congress on the memorial of Henry Delay, John Hole, Cornelius Ludlow, Benjamin Stiles and Henry Enoch, recommending that the memorial be filed was postponed.
Reports of the Secretary of Congress, No. 180.
Also on this day, according to indorsement, was read a petition of John David Woelpper, dated December 8, 1785, praying a settlement of his accounts. It is in No. 41, X, folio 673. See post, January 4.]
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