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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, SEPTEMBER 11, 1786.
Congress assembled. Present, Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, and Georgia; and from New Hampshire, Mr.
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[Pierse] Long; from Massachusetts, Mr. [Nathaniel] Gorham, and from Pennsylvania, Mr. [John Bubenheim] Bayard.
The Agents of the state of South Carolina, report:
That the agents of the States of South Carolina and Georgia, have not been able to agree upon the appointment of Judges, and the fixing the time and place for holding the Court for hearing and determining the matter in question between the said states, and thereupon,
The Agents of South Carolina pray, That Congress will proceed on Wednesday next, to strike a court agreeable to the confederation, for the trial of certain territorial claims between the states of South Carolina and Georgia, to be held at such time and place as Congress shall determine, immediately after the appointment of the judges to constitute the said court.
Ordered, That the Agents for Georgia be furnished with a copy of the said report and prayer.
The Grand Committee consisting of [Mr. Pierse Long, Mr. Nathaniel Gorham, Mr. Stephen Mr. Mitchell, Mr. John Lawrance, Mr. John Cleves Symmes, Mr. John Bubenheim Bayard, Mr William Harrison, Mr. Edward Carrington and Mr. John Kean] who have had under their consideration the plan for regulating the Militia of the United States (submitted to Congress by their secretary of war), having fully examined the same, are of opinion That it be recommended to the respective States for their Adoption, it being such a system of Military regulation, as will if carried into execution not only put their Militia upon a very respectable but formidable footing.1
[Note 1: 1 This report, in the writing of Pierse Long ?, is in the Papers of the Continental Congress, No. 27, folio 313. According to indorsement it was read September 11. Committee Book No. 189 notes that it was transferred. See ante, April 4.]
The Board of Treasury to whom the Petition of Captain John Paul Schott was referred on the 18th. August, last, praying that he may be paid in Specie for the Balance due on a Settlement of his Claims against the United States with the Commissioner of Army Accounts, beg leave to Report:
That, since the above Reference a Settlement has been made with the Memorialist by the said Commissioner, and a Certificate issued to him for the Balance, being Two hundred and sixty-five Dollars, and Eighty-Ninetieths of a Dollar.
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As neither the State of the Finances, or the peculiarity of Mr. Schott's case, will in the opinion of this Board, admit the payment of the above Balance, in a manner different from the General line of Settlement to the late Army, the Board submit to the consideration of Congress the following Resolve:
That Captain John Paul Schott be informed, that the Prayer of his Petition cannot be complied with.On that part of the Memorial which relates to the issue of a Brevet Commission to the said Captain John Paul Schott as a Major in the late American Army, The Board are of Opinion,
That the same be referred to the Secretary at War.
All which is humbly Submitted.1
[Note 1: 1 This report, signed by Samuel Osgood and Arthur Lee, is in the Papers of the Continental Congress, No. 138, II, folio 369. According to indorsement it was acted on September 12.]
September 11th, 1786.
Whereas several of the states in the Union have from the peculiar circumstances of their situation been obliged to assume debts due from the United States to individuals, citizens of the said states for supplies furnished for the use of the federal army from the first day of January, 1780, in the settlement of which doubts have arisen with the commissioners of the United States respecting the powers given them under subsisting resolutions of Congress to settle and adjust the said claims upon the same principles as if they had remained in the hands of the individuals.
And Whereas it is just and reasonable that the demands of a state arising as aforesaid from assumptions of debts due from the United States to individuals for supplies furnished the federal army should be liquidated and settled upon the same principles as other demands against the Union: Therefore
Resolved, That where supplies have been furnished by individuals for the use of the army of the U.S. from the last day of January, 1780, and have been assumed by any state, the commissioner for settling the accounts of such state with the U.S. is hereby authorised and instructed to liquidate such claims upon the same principles as tho' they had remained in the hands of the individuals and admit them as a charge against the U.S.: provided that nothing contained in this resolution shall be taken or construed to prejudice or effect,
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the resolutions of February 25 and of the 1st of June, 1780, or any other resolution allowing a state payment for supplies furnished to the United States.1
[Note 1: 1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 26, folio 631. According to indorsement it was referred to Mr. [Melancton] Smith, Mr. [Pierse] Long, Mr. [William Samuel] Johnson, Mr. [John] Bull, Mr. [Edward] Carrington, Mr. [William] Henry, and Mr. [John] Kean. According to Committee Book No. 190 a report was rendered September 18. See ante, September 5.]
The Committee consisting of Mr. [Rufus] King, Mr. [William] Grayson and Mr. [Charles] Pinckney to whom was referred a report of the Secretary for foreign affairs on a note from the Encargado de negotios of his catholic majesty of the 30th. June, Report that in their opinion it should be:
Resolved, That the United States are sincerely disposed to conduct their negotiations with his catholic majesty with the greatest candor and good humour and if possible to terminate them by a treaty founded on such principles of equality and perfect reciprocity as may perpetuate the peace and friendship which happpily subsists between them and his subjects and their citizens.
Resolved therefore, That unless all questions relative to the boundaries of Florida shall (as they hope will be the case) be settled by mutual agreement, the United States will cheerfully consent and be ready to appoint commissioners who together with others to be appointed by the Court of Spain shall proceed with all convenient dispatch to precisely fix and determine the boundaries of respective powers agreeable to those mentioned in the definitive treaty of peace between his Britannic Majesty and the United States.
And as it is the earnest wish and desire of the U.S. that these proceedings may be carried on in the most friendly manner and may not be interrupted or impeded by any offensive or irritating measures on either side, it is farther
Resolved, That a copy of the above mentioned note be transmitted by the Secretary for foreign Affairs to the Government of Georgia and that he be informed That Congress have received with regret repeated complaints of the conduct of some people in that state towards the Spaniards and that they hope and expect such measures will be taken as may prevent the like in future.
Resolved, That the State of Georgia be farther informed, that the liberality and friendship of his catholic majesty manifested in many
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recent instances towards the U.S. leave no room to apprehend that he wishes to adhere to any claims of territory other than those fixed and determined by the definitive treaty with G. Britain as the boundaries between the U.S. and the Floridas, or to extend his dominion at the expence of that justice and magnanimity for which he is signalized.
That the U.S. (however tenacious of and determined to assert their just rights) have still confidence in the integrity and set a high value on the friendship of his catholic majesty, they are exceedingly anxious to evince the reality of these sentiments by a correspondent conduct and to restrain and punish all such excesses of rash and inconsiderate adventurers as may give just cause of umbrage to the Spanish government.
Ordered, That a copy of the above resolutions be given to the said Encargado de negotios.1
[Note 1: 1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 25, II, folio 463. According to indorsement it was read September 11.
September 11: The following committee was appointed: Mr. [Charles] Pinckney, Mr. [Melancton] Smith, Mr. [Josiah] Hornblower, Mr. [John] Kean and Mr. [Edward] Carrington, on the report of the committee respecting the Algerines. This committee was renewed February 12, 1787. See ante, August 8.
Also the "Memorial of Capt. Grig to be admitted to the benefit of an Invalid" was referred to the Commissioner of Army Accounts to report and a report rendered September 14. Gregg's memorial is in No. 41, III, folio 550. According to indorsement it was read September 11 and "Sept 21st. Received from the Secretary of Congress a Certificate which came enclosed in the memorial. James Gregg."
Also the Board of Treasury was directed to take order on "Their letter of 9, stating that they find that it will be probably necessary that authority should be given by Congress to the Comptroller of the treasury of the U.S. to unite in chusing an umpire in case he shod not be able to agree on an adjustment of the Accot. with the person for such purpose appointed on the part of the State of Pennsylva. That shod. the U.S. in Congress approve this measure they (the bd. of treasy.) will give instructions to the Comptroller of the treasy to agree to such an Appointmt. if circumstances should in his Opinion render it expedient."
Committee Book No. 190.
Also, according to indorsement, a memorial of George Fisher for depreciation due him, was read. It is in No. 42, III, folio 147.
Also, was read a letter, dated August 13, from Thomas Hutchins, reporting conditions on the frontier and survey work in the Western Territory. It is in No. 60, folio 249.]
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