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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 --THURSDAY, MAY 11, 1786.
Congress assembled. Present, as before.
According to Order Congress resumed the consideration of the report of a committee consisting of Mr. Johnson, Mr. Hindman, Mr. Grayson, Mr. Ramsay and Mr. Livermore to whom was referred a motion of the delegates of the State of Connecticut relative to that state's claim to western territory,...1
[Note 1: 1 This entry, in the writing of Thomson and Alden, has been crossed out. The portion omitted here is a verbatim copy of the first half of the insert of Connecticut's deed of cession. See ante, April 10, where it is noted that further consideration was postponed to May 15. In No. 30, folio 525 is an unidentified motion which reads: "Resolved that when the State of Connecticut shall cede to the U. S. all her right of jurisdiction to the territory Westwd. of ye. Pensylvany line and her right of soil to the territory lying Westward of a line to be drawn paralel to the Pensylvany line 60 Miles Westward of the said line as agreed to by the States of Virga. and Pensylvany that Congress will accept of the same--Provided that such cession or acceptance shall not affect in any degree the decree of the foederal Court held at Trenton." Cf. post, May 22, St. Clair's motion.]
A motion was made by Mr. [William] Houstoun, seconded by Mr. [Charles] Pettit.
That a Committee be appointed to take under consideration the ordinance passed the 20th May, 1785, and the resolve
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of the 9th Instant, respecting the said Ordinance, and to report whether any, or what alterations may be necessary.1
[Note 1: 1 This motion, in the writing of William Houstoun, with the final clause in the writing of David Ramsay, is in the Papers of the Continental Congress, No. 36, III, folio 253. As offered the motion read: "That a Committee be appointed to take under Consideration the Ordinance passed the 20th May, 1785, and the resolve of the 9th Inst. respecting the said Ordinance and report the objections thereto and propose such amendments, if any, as may be thought necessary."]
On the question to agree to the motion, the Yeas and Nays being required by Mr. [William] Houstoun,
{table}
So the Question was lost.
War Office, May 11th, 1786.
Sir: Lieut. Col. Harmar being about to depart for the Posts on the Ohio, I conceive that it may be true policy, to enable him to conciliate the affections of the Indian Chiefs, by occasionally giving them small presents. It will also be necessary that he should be furnished with some money to employ Agnts, to discover the Designs of the Indians from time to time, and to discover the conduct of the British Officers commanding the Posts on the communication of the Lakes; and also
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to hire Indian Interpreters. Having perfect Confidence in his Discretion and Integrity, I take the liberty to apply to Congress for authority to furnish him with six hundred Dollars, to be applied to the advancement of the public Interests in the manner above recited, for the Disbursement of which he will account with me. The sum so advanced is comprehended under the head of Contingencies of the War Department, contained in an Estimate of the Expences of said Department for the present year transmitted to the Board of Treasury on the 28 of January last.
I have the honor to be, with the highest Respect &c.
H. Knox.
May 11, 1786: Ordered, That the foregoing Letter from the Secretary of War, be referred to the Board of Treasury to take Order.1
[Note 1: 1 The above letter and order is entered by Benjamin Bankson in Resolve Book No. 123; it is also noted by Thomson and Alden in Committee Book No. 190.]
The Committee [consisting of Mr. John Keen, Mr. Edward Carrington and Mr. John Lawrence] to whom was referred the Petition of H. Purcell, report:
That on the 17th. Feby., 1778, Congress confirmed to the sd. H. Purcell the appointment of Depy. Judge advocate general in the States of So. Carolina and Georgia to which place he had been appointed by Brigr. R. Howe.
That he continued to perform the duties of sd. office (by the best information the committee can obtain) from the time of his appointment until the last of the year 1779, at Which time he left those states, that he returned to the army under the command of Genl. Greene the latter part of the year 1782 and performed the duties of the said office.
That the common usage of Congress hath been where they have appointed persons holding commissions to exercise the duties of another office, to make them an extra allowance for such service.
That the extra allowance made to the Depy. acting with the Judge advocate with the northern army was fifteen dols. pr. month and twelve and 2/3ds. dollars subsistence.
That Congress on the 11th. July, 1782, resolved that the Depy. judge advocate in the Southern department should be taken out of the line and allowed including his pay sixty dollars pr. month exclusive of subsistence, which resolution in the opinion of your committee operated the dismission of Mr. Purcell from that office; but for the
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time he performed the duties of the said office vizt. in the years 1778, 1779, 1781, and 1782 which may be estimated at thirty months, your committee are of opinion he ought to receive an allowance, they therefore submit the following resolution:1
[Note 1: 1 This report, in the writing of John Kean, is in the Papers of the Continental Congress, No. 19, V, folio 221. According to indorsement, it was entered May 11 and passed May 12, where the resolution submitted is spread verbatim on the Journal.]
Office for Foreign Affairs,
11th. May, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of the 11th. October last from the Honorable Mr Jefferson with the sundry Papers that were closed with it, Reports:
That as this Letter and these Papers respect Subjects unconnected with each other, your Secretary finds it necessary to arrange them under different Heads, and report on each in its proper Order.
This Letter, however, gave Occasion to the supplementary Instruction to Mr. Lamb, by which he is authorized to supply and redeem american Captives, in the Manner and on the Terms therein specified. Mr Jefferson in mentioning this Instruction says "The supplementary Instruction to Mr. Lamb No. 5, must rest for Justification on the Emergency of the Case. The Motives which lead to it must be found in the Feelings of the human Heart, in a Partiality for these Sufferers who are of our own Country, and the obligations of every Government
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to yield Protection to their Citizens, as the Consideration for their Obedience. It will be a Comfort to know that Congress does not disapprove of this Step.
In cases of this kind your Secretary thinks the Sentiments and Pleasure of Congress should not remain doubtful, and that in his Opinion it should be--
Resolved, That the Secretary for the Department of foreign Affairs inform Mr. Adams and Mr. Jefferson that Congress approve of their supplementary Instruction to Mr. Lamb respecting american Captives at Algiers.
TREATY WITH PORTUGAL
Mr. Jefferson says "that considering the Treaty with Portugal among the most interesting to the United States, he sometime ago took Occasion at Versailles to ask the Portuguese Ambassador, if he had yet received from his Court and Answer to their Letter, he told him he had not, but that he would make it the Subject of another Letter; two Days ago his Secretary of Legation called on him with a Letter from his Minister to the Ambassador in which was the following Paragraph as he translated it to him, and he committed it to writing from his ... Mouth." This Paragraph being in french, the following is a translation of it, vizt. With Respect to what your Excellency mentions of a Conversation with the american Minister--that Power ought already to be persuaded by the manner in which their Vessels have been received here--that his Majesty would have much Satisfaction in maintaining perfect Harmony and good Correspondence with the United States. But it would be proper to begin by reciprocally appointing Persons who, at least in the Character of Agents would respectively inform their Constituents of whatever might conduce to a Knowledge of the Interests of the two Nations, without Prejudice to the one or the other. It is the first Step which appears convenient to take in order to the End proposed.
Mr. Jefferson says he considers that Answer "as definitive of all further Measures under his and Mr. Adams's Commission to Portugal."
Here it appears proper to your Secretary to remind Congress of a Letter of 5th. November last from Mr. Adams on this Subject, and on which he thinks Instructions should be given to Mr. Adams.
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It states the Substance of a Conference between him and the Chevalier Pinto, Envoy extraordinary and Minister Plenipotentiary from Portugal; to whom it seems that Court had thought proper to commit the Conduct of their Negociations with us, in Preference to their Ambassador at the Court of France.
The Overture made in that Conference together with the Importance of our Trade with Portugal, induces your Secretary to think that it would be adviseable to take Measures for concluding a Treaty of Commerce with that Kingdom, and the more so as the commercial Privileges we now enjoy in their Ports, are Matters of Favor, which may at any time be recalled, and which would probably be diminished, if apparent Inattention to their friendly Overtures should mortify and disgust that Court.
TREATIES WITH OTHER POWERS
A subsequent Letter from Mr. Jefferson vizt. 27th. January, 1786, mentions that the Emperor is willing to proceed with us. There is Reason to believe that Denmark is also ready, and that Naples has intimated the same thing.
Your Secretary has in former Reports expressed his Sentiments respecting Treaties of the kind proposed, but as the first Overtures for them were made by America, it seems difficult now to retract, merely because the Answers though favorable have been so long delayed. The delicate Situation of the United States requires Caution, and it might be better to submit to some temporary Evils rather than disgust those Powers, who may now be ready to enter into Treaties with us; and whose Ports in Case of War might be very convenient to us.
Your Secretary is therefore much inclined to think that it would be most prudent to renew the Commission, and by limiting the Duration of the proposed Treaties to a short Term, provide that the Inconveniences arising from them shall not be of longer Continuance. Circumstances will by that Time probably place the United States on more advantageous Ground, and enable them to make Treaties far more beneficial than any that can now be expected. In his Opinion, however, no further Overtures should be made, nor any Negotiations
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for such Treaties commenced with any Nation except those that may have declared their Readiness and Inclination to enter into them.
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. 80, II, folio 103. According to Committee Book No. 189 it was presented May 11. Jefferson's letter of October 11, 1785, with its enclosures is in No. 87, I, folios 129--186.
May 11: On this day, according to indorsement, was read a letter of May 11 from the Secretary at War, enclosing copies and extracts of letters etc. containing news from the Ohio country. Knox's letter is in No. 150, I, folio 245, the enclosures are on folios 249--269.
Also, the note from Don Diego Gardoqui, dated May 8, on the case of the Virgen de Carmen, known as the King of Prussia, was referred to the Secretary for Foreign Affairs to report. He reported May 17. See ante, May 10.
Also was read a note from the Secretary for Foreign Affairs transmitting a letter and note from Mr. Van Berckel, dated May 10 respecting the case of the Dutch sloop Chester. Jay's letter is in No. 80, II, folio; Van Berckel's and translations are in No. 99, folios 241--254.
Also was read a letter of May 11 from John Cochran accepting the appoinment of Continental Loan Officer for the State of New York. It is in No. 78, VI, folio 315.]
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