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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, MAY 1, 1786.
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia and South Carolina; and from New Hampshire, Mr. [Pierse] Long, and from Delaware, Mr. [John] Patten.
Mr. Patten produced credentials, dated the thirtieth day of November, 1785, by which it appears, that the Honble. Gunning Bedford, junr., John Vining, John Patten, Thomas Rodney and William Peery, Esquires are empowered and authorised to represent the State of Delaware in the United States in Congress assembled, until the first Monday in November, 1786.
The Delaware State, To all whom these Presents shall come, send Greeting:
[SEAL] Whereas our General Assembly at their Sessions of Assembly held at Dover on the Fourth Day of this Nichls. Van Dyke. present Month of November did, according to the Form prescribed by the Constitution, elect the Honorable Gunning Bedford Junr., John Vining, John Patten, Thomas Rodney and William Peery, Esquires, Delegates to represent this State in the Congress of the United States of America, until the first Monday in November next.
Now Know ye, that We do by these Presents and in pursuance of the said appointment, commissionate the said Gunning Bedford Junr., John Vining, John Patten, Thomas Rodney, and William Peery Delegates to represent the said State in the Congress of the United States Aforesaid, hereby vesting them severally and respectively with all and singular the Privileges, Powers, and Authorities to the said Office or Place of Delegate belonging by Virtue of the said Constitution and the Appointment aforesaid: To have and to hold to them the said Gunning Bedford Junr., John Vining, John Patten, Thomas Rodney, and William Peery severally and respectively the said Office or Place of Delegate as aforesaid during the Term aforesaid, unless they, or either of them, shall in the Mean Time be superseded by our General Assembly, agreeable to the Constitution aforesaid.
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In Testimony whereof We have caused our Great-Seal to be hereunto affixed. Witness His Excellency Nicholas Van Dyke Esquire, our President, Captain-General and Commander in Chief, at New Castle, the thirtieth Day of November in the Year of our Lord One Thousand Seven Hundred and Eighty-Five, and in the Tenth Year of our Independency.
Attest:
Jas. Booth Sy.1
[Note 1: 1 This credential is in the Papers of the Continental Congress, Delaware, Credentials. According to indorsement it was read May 1. It is entered in the Record of Credentials, No. 179, but not in the Journals.]
A letter, of April 27th., 1786, from the Board of treasury, with several letters which passed between the said Board and Abraham Yates, Junior Esqr. relative to the oath of Office to be taken by persons employed in the service of the United States, being under consideration,
A motion was made by Mr. [Nathan] Dane, seconded by Mr. [Pierse] Long,
Whereas Abraham Yates, Junior, heretofore appointed Commissioner 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 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. See ante, April 28. In No. 55, folio 171 is a memorandum of this proceeding, in the writing of Roger Alden; it is of interest as showing the method of recording the proceedings prior to entering them in the Journal.]
A motion was then made by Mr. [Melancton] Smith, seconded by Mr. [John] Lawrence, to postpone that motion to take up the following:
Whereas Abraham Yates, Junr. appointed to the Office of Commissioner of the Continental Loan Office of the State of New York, did, on the sixth of March, 1786, enter into bonds to the United States, with two sureties, himself in 26,000 dollars, and John Lansing
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and Peter Yates, Esqrs. as his sureties, each in the sum of 13,000 dollars: And whereas the said Abraham Yates, Junr. did, on the 3d day of March, 1786, take and subscribe before John Sloss Hobart, Esqr. one of the Judges of the supreme Court of the State of New York, the oath of fidelity to the United States, and an oath for the due execution of his office, in the words following, that is to say, "I Abraham Yates, appointed to the Office of Commissioner of the continental Loan Office of the State of New York, do acknowledge that I do owe faith and true allegiance to the United States of America, and I do swear that I will to the utmost of my power, support, maintain and defend the said United States in their freedom, sovereignty and Independence, against all opposition whatsoever. And I do further swear, that I will faithfully, truly and impartially execute the office of Commissioner of the continental loan office of the State to which I am so appointed, according to the best of my skill and Judgment." And whereas a certificate of the said oath, together with the bonds aforesaid, were transmitted to the board of treasury on the 6th day of March, 1786; therefore, Resolved, That the said Abraham Yates, Junr. was, on the 6th day of March, 1786, duly qualified to enter on the duties of his office, as Commissioner of the continental loan office for the State of New York, agreeably to the resolves of Congress of the 30th of September, 1785; and that the resolution of Congress of the 14th of March, 1786, declaring, "That in all cases where an Oath of Office is required of any person holding an Office under the United States in Congress assembled, such oath be in the form of the Oath of office established in the ordinance for ascertaining the powers and duties of the Secretary at War, passed the 27th day of January, 1785, mutatis mutandis," ought not to be construed to extend to his case.1
[Note 1: 1 This motion, in the writing of Melancton Smith, is in the Papers of the Continental Congress, No. 36, III. folio 241.]
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On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Melancton] Smith,
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So it passed in the negative.
On the Question to agree to the motion of Mr. Dane, the yeas and nays being required by Mr. [John] Lawrance,
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1So it was resolved as follows:
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, II, folio 87. According to indorsement it was read May 1.]
Whereas Abraham Yates, junior, heretofore appointed Commissioner 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 vacant, and that Wednesday next be assigned for the election of a Commissioner to that Office.
Office for Foreign Affairs,
1st. May, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter from John Ross Esqr. of 14th. February last together with the Papers enclosed with it, Reports:
That from the case stated in that Letter it appears, that in the Course of certain judicial Proceedings at Port au Prince Mr. Ross has been unjustly deprived of his Property.
Your Secretary presumes that all erroneous Acts and Decrees given in any of his most Christian Majesty's collonial Judicatures are subject to be revised and corrected in France agreeable to established Modes and Forms prescribed in such Cases.
He therefore thinks that the said Papers should be returned to Mr. Ross and that it should be recommended to him to employ Counsel at Paris, and pursue such Measures for Redress as they shall advise to be usual and regular; and that the Minister Plenipotentiary of the United States at that Court be instructed, on the Application of Mr. Ross's Agent or Counsel to afford his Aid and Influence, and to make such Representations on the Subject to his Majesty as Circumstances may from time to time, render proper and expedient.
All which is submitted to the Wisdom of Congress.
John Jay.2
[Note 2: 2 Thomson has here corrected the Journal by inserting the Whereas paragraph, which Alden omitted.]
The Board of Treasury to whom was Referred the Petition of Samuel Keep, Beg leave to Report:
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That it appears by a Certificate of John Mc. Dowell, a Lieutenant in the 6th. Pennsylvania Regiment in the Year 1776. That the Petitioner exercised the Trade of a Blacksmith at Crown Point, at the time the American Troops were under the necessity of Evacuating that Fortress in consequence of the Defeat of the Fleet of the United States on Lake Champlain; and that his House, Furniture and Tools were burnt by order of the Commanding Officer to prevent their being of use to the Enemy.
That the Petitioner states, That in consequence of this and other Losses brought on him by his Attachment to the Liberties of America, he is now so reduced as to be obliged to apply for Relief in the Premises to the United States in Congress.
On a consideration of the Circumstances of this Petition the Board beg leave to Observe.
That in their Opinion, it is not consistent with the general practice of Nations at War to make compensation for the Property of Inhabitants which may be destroyed by a Retreating Force to prevent the same becoming Serviceable to an Invading Enemy.
That in the case of the Memorialist the presumption is, that if the Property belonging to him, had not been destroyed, the principal part of the same would have been taken by the Enemy on their entereing into possession of the Abandoned Country.
That although in particular Cases, the Sovereign Authority might judge it adviseable to extend some relief to Sufferers under the description of the Memorialist, yet in cases where the Public Revenue will not admit of the payment of the mere Interest of an Acknowledged Public Debt, Acts of Humanity cannot be exercised to deserving Sufferers, without producing a dissatisfaction in the Body of the Society, which might prove highly injurious to the operations of Government.
The Board beg leave further to Observe that, independant of the above Considerations, the Certificate exhibited by the Petitioner, is not of such a nature as to justify in their Opinion, a Grant of Money in the present Instance: because it is only Signed by a Subordinate Officer Serving in the Army by whom the Property of the Memorialist was destroyed, and not by the Commanding Officer by whose Order (as it is alledged) the Damage for which redress is claimed, was sustained.
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The Board therefore submit to the Consideration of Congress the following Resolve:
That the Memorial of Samuel Keep praying Compensation for Property alledged to have been destroyed by order of Colonel Hartley on the Evacution of the Garrison of Crown Point in the Year 1776, cannot be complied with.
All which is humbly submitted.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, II, folio 5. According to indorsement it was read May 1.
May 1: The following committees were appointed: Mr. [Nathan] Dane, Mr. [William Samuel] Johnson, Mr. [John] Kean, Mr. [Rufus] King, and Mr. [James] Monroe, on "the report of Secy. f: Affairs establishing a court for trial of piracies and felonies on high seas." Jay's report, dated September 29, 1785, had been read October 3, 1785, and assigned for consideration, according to indorsement, "Monday 30 April, 1786." This committee was renewed February 12, 1787.
Mr. [William] Grayson, Mr. [Edward] Carrington, and Mr. [Nathaniel] Gorham, on "Letter 18th. Augt., 1785, Secy. at War on line of promotion in the corps now in service." This was a renewal of the committee of April 6, 1786, which, in turn, was a renewal of the one of August 22, 1785. A report was rendered May 2.
Also Peter Van Brugh Livingston was nominated as Commissioner of the Continental Loan Office for New York, by Mr. [Melancton] Smith.
Also the report of the Secretary for Foreign Affairs on the note of April 18, 1786, from Mons. Otto, was this day referred back to said Secretary to take order and order taken May 3. Jay's report of April 28, read that day, is also entered in Resolve Book No. 123, under date of May 1.
Committee Book No. 190.
Also, according to indorsement, was read a letter of April 29 from the Secretary for Foreign Affairs, forwarding a letter of John Pintard, of February 5, 1786. Jay's letter is in No. 80, Il, folio 313, and is indorsed: "transmitted to the Office f: f: Affairs Oct. 13th., 1786."
Also, was read, a letter of April 14 from Governor Nicholas Van Dyke, forwarding the available laws of Delaware by Mr. John Patten and explaining the impracticability of sending thirteen copies of each. It is in No. 70, folio 785.]
April 28th., 1786.
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