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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, APRIL 28, 1786.
Congress assembled. Present, as before.
The Comtee. [consisting of Mr. Stephen Mix Mitchell, Mr. John Kean and Mr. James Monroe] to whom was referred a Letter from General Butler.....
Report That good Policy requires proper attention should be paid to Capt. O'Beel and his Associates.
That they should be admitted to Audience on
That the honble. Chairman of Congress in the Name and behalf of Congress, Assure them of the Friendly Disposition Congress entertain for their Nation and Intention strickly to adhere to the Articles of the Treaty entered into with them by the Commissioners, and Determination to prevent every Encroachment on their Lands and Territories.
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That suitable presents to an amount not exceeding Dollars be purchased and disposed of among them, by the Commissioners appointed to hold Treaties with the Indians.1
[Note 1: 1 This report, in the writing of Stephen Mix Mitchell, is in the Papers of the Continental Congress, No. 30, folio 375. According to indorsement it was read and passed April 28, 1786. Nathaniel Gorham has crossed out portions of the report, and filled in and added the resolve as above, bringing the altered report into verbatim conformity to the Journal text above. A letter of Richard Butler, dated April 28, regarding the medals and presents, is on folio 361; a list of the presents on folio 365 and O'Beal's or Cornplanter's speech in Congress, on 371.]
On the report of a committee to whom was referred a letter from General Butler, dated 25th of April, 1786, announcing the arrival, in this city, of the Cornplanter, alias captain O'Beal, a chief of the Seneca Tribe of the Six Nations, with five others of the same nation.
Resolved, That Congress will on Tuesday next receive a visit from Captain O'Beal and his associates, to be attended by the Commissioners for western Affairs, and the Geographer of the United States.
Resolved, That suitable presents, to an amount not exceeding four hundred dollars, be purchased and disposed of among them, by the Commissioners appointed to hold treaties with the Indians.
[Motion of Mr. [John] Kean]
That the Board of Treasury ascertain the number and value of the Medals received by the Commissioners appointed to treat with the Indians, from the said Indians, and to have an equal number, with the Arms of the United States made of silver and returned to the Chiefs from whom these were received.
April 28, 1786: Ordered That the above Motion be referred to the Board of Treasury to take Order.2
[Note 2: 2 This motion is entered by Roger Alden in Committee Book No. 190 and by Benjamin Bankson in Resolve Book No. 123.]
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Board of Treasury,
April 27th:, 1786.
Sir: We do ourselves the Honor of laying before Congress, Copies of Sundry Letters which have past betwixt this Board and Abraham Yates Junr. Esqr. in Consequence of the Resolve of Congress of the 14th. March last, relative to the Oath of Office, to be taken by persons Employed in the Service of the United States.
As Mr. Yates declines qualifying agreeably to the Resolve of Congress above mentioned, it becomes our Duty to inform that Honorable Body, that we cannot Consider him as Commissioner of the Loan Office of the State of New York, without their express Direction. We judge it unnecessary to enter into any Discussion of Mr. Yates' Objections, and shall only beg leave to Refer to our former Correspondence on this subject of the 13th. March last, in which were enclosed the Instructions of this Board to the Commissioners of the Respective Loan Offices, for their Government on the Issue, and Receipt of Indents of Interest on the Requisition of the 27th. September last.
We have the honor, etc.1
[Note 1: 1 This letter, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 140, II, folio 215. According to indorsement it was read April 28 and acted on May 1. Copies of the correspondence with Yates are on folios 201--211.]
His Excellency, the
President of Congress.
[Motion--Mr. Dane]
Whereas Ab. Yates Jur. heretofore appointed Comr. of the Continental loan office for the State of New York hath refused to take the oath of office in that behalf prescribed by the United States in Congress assembled,
Resolved, that Congress consider the said office as vacant and that Tuesday Wednesday next be assigned for the election of a Commissioner to that office.2
[Note 2: 2 This motion, in the writing of Nathan Dane, is in the Papers of the Continental Congress, No. 29, folio 219. According to indorsement "Monday 30th April, 1786" was assigned for consideration. April 30, 1786, fell upon Sunday. Dane's motion seems to have been offered April 28 and either withdrawn or postponed until May 1.]
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Office for Foreign Affairs,
27 April, 1786.
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, certain Proposals of Adrian De Nys of Utrecht, which were delivered to me by Coll. Senf who is now in this City and will wait for the Determination of Congress on them.
The Original being in Dutch, a Translation is also enclosed.
Coll. Senf requests me to give him a Copy of these Papers, but I do not consider myself at Liberty to do it without the Direction of Congress.
With great Respect, etc.
John Jay.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 80, II, folio 247. According to indorsement it was read this day and referred to the Secretary at War to report and report rendered May 4. Col. Christian Senf's letter is on folio 251. The original proposals are on folios 255 and 267, the translations on folios 263 and 271 and offer the raising of a regiment of regular troops in Europe for the service of the United States, which Senf's letter explains are to be used in establishing a military academy in the United States.]
His Excellency, The Presidt. of Congress.
Office for Foreign Affairs,
27th. April, 1786.
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter of 14th. February from John Ross Esqr. together with the Papers mentioned in it; which being voluminous and abounding in Words and Phrases peculiar to judicial Proceedings, the Interpreter did not translate from French to English with his usual Expedition. He returned his Translation Yesterday, without having rendered it entirely perfect, tho' sufficiently so for the Purpose for which those Papers are communicated.
I have the Honor to be, etc.
John Jay.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 80, II, folio 243. According to indorsement it was read April 28. Committee Book No. 190 shows that it was referred back to the Secretary for Foreign Affairs for report, which was rendered May 1. Ross' complaint was "of his property being seized and condemned by the late Govr. and Council of Port au Prince." Hayti; his letter of February 14 with accompanying papers, is in No. 45, folios 1--91.]
His Excellency,
The President of Congress.
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Office for Foreign Affairs,
28th. April, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred "so much of the Note of Mr. Otto of 18th. April Instant as respects the Ratification of consular Convention," Reports:
That the said Convention is dated 29th. July, 1784, and that a Copy of it enclosed in a letter of 8th. February, 1785, from Doctr. Franklin to his Excellency the President was laid before Congress on the 6th. Day of June, 1785.
That the said Copy was referred for Translation on the said 6th. Day of June, 1785, to your Secretary, and that on the 23d. Day of the same Month he transmitted a Translation of it to Congress.
That on the 25th. June, 1785, the same was referred to your Secretary to report, and that on the 4th. July, 1785, he returned it with his Report to Congress.
That from the above Facts it appears that Congress had not an Opportunity of taking the said Convention into Consideration before the said 4th. July, 1785.
That as on the 4th. November then next a new Election of Delegates to Congress was to take Place, and some Time would probably elapse before a competent Number of the new Members would appear and take their Seats, it became adviseable to Confine the Attention of Congress to such of the national Objects then under Deliberation, as were more immediately interesting, and required to be dispatched before the approaching Sessions of the State Legislatures; such among other Things as the Requisitions to be made for Supplies, Treaties with the late hostile Indian Nations, and other matters of general and pressing Concern.
That since the 4th. November last there have been but three Days Vizt.: the 24th., 27th., and 28th. of last Month on which nine States appeared and were present in Congress, whence it is evident that Congress have not since last Autumn been in Capacity agreeable to the Confederation to decide on the said Convention.
Your Secretary thinks it would be proper to transmit a Copy of so much of Mr. Otto's Note as respects this Subject to Mr. Jefferson, together with a Copy of the aforegoing State of Facts and that he be instructed to account and apologize for the Delays which have attended this Business, to his most Christian Majesty; and to assure
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him that Congress will take the earliest Opportunity of considering and terminating it.
All which is submitted to the Wisdom of Congress.1
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, II, folio 83, According to indorsement it was read April 28. See post, May 1. A copy by Roger Alden, which includes Otto's note of April 18, 1786, is on folio 91.
April 28: The following committee was appointed: Mr. [Rufus] King, Mr. [Pierse] Long and Mr. [Stephen Mix] Mitchell, on the "Petition of Caleb Stark for depreciation." The petition is in No. 42, VII, folio 249.
Committee Book 190.
Also, according to indorsement, was read a letter of April 27, from the Secretary for Foreign Affairs, forwarding a letter from David Beveridge, referring to a former application to Congress for redress for his suffering in Havana, with a copy of the orders of the Court of Spain to the Governor of Havana. The papers were returned to the Office for Foreign Affairs October 13, 1786. Jay's letter is in No. 80, II, folio 239.
Also was read a petition of John McKennon asking for financial assistance. It is in No. 42, v, folio 379.
Also was read a letter from Governor Richard Caswell, dated April 3, 1786, forwarding a North Carolina act for relief of soldiers and sailors disabled by the war and regretting the delay in delegates going to Congress. It is in No. 72, folio 241. The act, dated December 29, 1785, is in No. 76, folio 81.]
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