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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, SEPTEMBER 7, 1786.
Congress assembled. Present as yesterday.
On the report of a committee, consisting of Mr. [Edward] Carrington, Mr. [John Cleves] Symmes and Mr. [Nathan] Dane, to whom was referred a petition of Robert Patton.
Resolved, That Robert Patton be allowed and paid in full for extra services to this time, the sum of two hundred and eighty-three dollars and thirty-ninetieths of a dollar, deducting therefrom one hundred and eighty-five dollars already paid him, and that the board of treasury take Order herein.
On reports of the Secretary at War, to whom was referred the petitions of Caleb Bruen and Thomas Pool,
Resolved, By 9 States That the board of treasury pay to Caleb Bruen, the sum of three hundred dollars, as a compensation for his services and sufferings in the cause of the United States during the late War.
Resolved, By 9 States That the board of treasury take Order for the payment of one thousand and ninety-seven dollars, to Mr. Thomas Pool, as a reward for the personal and pecuniary injuries he sustained in the service of the United States during the late War.
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Office For Foreign Affairs,
6th. Septemr, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of 31st. Ult. from the Honorable the Commissioners of the Treasury to his Excellency the President of Congress, with Papers therein mentioned, reports;
That from the said Letter and papers it appears, that John Phelon a confidential Clerk in the Office of John Pierce, Esqr, Commissioner of Army Accounts, had absconded; and that there is Reason to believe he was gone to Canada. That there is also Reason to suppose, that he had taken some of the certificate paper of that Office, and counterfeited thereon the Securities of the United States.
On this Case the first Question seems to be, whether it would be proper to apply to the Governor of Canada to permit and facilitate the Apprehension of Phelon, within his Province; and secondly whether it should be on the Ground of Right or of Favor.
In the Opinion of your Secretary the Laws of Nations do not impose a perfect Obligation on the Sovereign into whose Dominions such an Offender may fly, to deliver him to the one against whom he had Committed the Offence. He therefore thinks no such application should be made on the Ground of Right.
If Nations were by general Consent to refuse an Asylum to each others fugitive Offenders, and on Requisition deliver them up to Justice, it would doubtless much discourage the Commission of Crimes. If such a Practice would be beneficial to Society in general, it could not be improper for any particular Nation to set the Example and begin it, and as the United States border on extensive Dominions of the King of Great Britain, a proper Agreement on this Subject might be convenient and useful to both. On these and similar Considerations, a Request in the present Case to the Governor of Canada might be founded and be adviseable, were it not for some Objections of considerable Weight.
It is probable that without particular Instructions from his Court, the Governor would not conceive himself authorized to comply with such a Request, and Prudence restrains Sovereigns from making Requests while they have Reason to doubt the Success of them.
But admitting that his britannic Majesty, or any other Sovereign, or their Governors, would on such a Request comply with it, yet, as it would be improper for one Nation to ask that of another, which
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under similar Circumstances they could not grant, it may be well to look forward and enquire what Congress would do with a Request of the same kind. Have they Power to cause any such Offender to be apprehended and delivered to the offended Sovereign? If they have not, can they rely on the invariable Compliance of the individual States, with their Recommendations for that Purpose? Your Secretary thinks that neither is the Case, and that no Request should be made to the Governor of Canada respecting the Fugitive in Question.
With respect to such other Measures as it may be expedient to take on the Occasion, your Secretary is of Opinion that the same should be referred wholly to the Discretion of the Honorable the Commissioners of the Treasury, and that they be authorized to offer a Reward ofDollars for the Apprehension of the said John Phelon.
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 175. According to indorsement it was read September 7. Committee Book No. 189 states that it was transferred.
September 7: The following committees were appointed: Mr. [William Samuel] Johnson, Mr. [William] Henry, Mr. [John] Kean, Mr. [Edward] Cartington and Mr. [Melancton] Smith, on the Address to the States. A report was rendered October 6. See ante, August 31.
Mr. [John Bubenheim] Bayard, Mr. [William] Hindman and Mr. [Arthur] St. Clair, or, "Report of board of treasury on memorial A. Caldwell." This was a renewal of the committee of May 30. Report was rendered September 14.
The letter of September 6 from Job Sumner and the report of the Board of Treasury thereon was referred back to the Board which reported September 18.
Committee Book No. 190.
Also, according to indorsement, was read a letter of September 6 from the Secretary for Foreign Affairs, forwarding letter from Colonel William Stephens Smith regarding Spain. It is in No. 80, III, folio 61.
Also was read two letters of September 7 from the Secretary for Foreign Affairs, relative to a letter from Thomas Barclay giving French port expenses of American and Spanish vessels, and concerning the application of Christian Andrew Tilebein for appointment as consul at Barcelona. Jay's letters are in No. 80, III, folios 65 and 69, respectively.]
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