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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 --TUESDAY, SEPTEMBER 12, 1786.


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Journals of the Continental Congress, 1774-1789
TUESDAY, SEPTEMBER 12, 1786.

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Link to date-related documents.

Congress assembled. Present, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long, and from Massachusetts, Mr. [Nathaniel] Gorham.

On the report of a Committee, consisting of Mr. [Charles] Pinckney, Mr. [John Bubenheim] Bayard and Mr. [William Samuel] Johnson, to whom was referred a report of the commissioner of Army Accounts, on the memorial of the revd. Robert Smith,

Resolved, by 9 States, That the board of treasury take Order for paying to the revd. Robert Smith, the sum of three hundred and forty-five dollars, being for eleven months and an half pay, as one of the Officers of the hospital department, detained in Charleston after its surrender to the British troops, in consideration of the extra expences incurred by him in the performance of his duty as chaplain to the Southern hospital.

On a report of the board of treasury, to whom was referred a memorial of Cornelius Decker,

Resolved, That if the matter set forth in the memorial of Cornelius Decker, should, on a proper enquiry by the Commissioner of the loan Office for the state of New York, be found well supported, the said Commissioner be directed to cancel the certificate issued to the said Cornelius Decker on Account of monies by him deposited in the said Office, and to issue another for the same Amount, bearing date at the time the monies were loaned, taking care to endorse the interest, if any, which has been paid on the certificate by him cancelled.


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Office Of Secretary Of Congress,
Sep. 12, 1786.

On the petition of Geo. Fisher heretofore employed in baking hard bread for the army stating his losses by means of the payments made him in depreciated money &c.; and

On the petition of Edward Tuckerman in behalf of Jane Richardson wife of James Richardson, praying that a certificate of the balance due to said James Richardson may be delivered to him for the use of the said Jane as her husband has been absent from his family a long time and has not been heard of for 18 months past; and

On the petition of Richd. Lloyd praying that the I pt. cent granted by the Resolution of the 6th to the Agents of regiments not belonging to any particular State, may be paid in cash as soon as the finances of the U. S. will admit.

The Secretary of Congress reports:

Agreed. That the petition of Geo. Fisher, be referred to the board of Treasury.

Agreed That the petition of Edward Tuckerman be referred to the board of treasury.

Agreed 12 Sept. That the petition of Rich. Lloyd be referred to the board of treasury.1

[Note 1: 1 This proceeding is entered by Thomson in Reports of the Secretary of Congress, No. 180. Fisher's petition, dated September 11, is in No. 42, III, folio 147. According to Committee Book No. 190 a report was rendered February 3, 1787.]

Office for Foreign Affairs,
18 August, 1786.

The Secretary of the United States for the Department of Foreign Affairs, to whom was referred back his report of 4 July, 1785, on the Consular Convention between France and the United States, Reports:

That in his opinion a Copy of that report should be transmitted to the Minister plenipotentiary of the United States at Paris, in order that he may thereby become fully informed of the objections to which the Convention is liable.

That a Certified Copy of the Act of Congress of the 25 day of January, 1782, authorizing and directing the Honble: Dr. Franklin to conclude a Consular Convention be also sent to him.

That a certified Copy of the Scheme of such Convention, referred to in the above Act of Congress, be also sent to him.

That he be instructed to communicate the said Act of Congress, and the said Scheme, to his most Christian Majesty and to point out


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to him the instances in which the Convention deviates from the said Scheme.

That he be also instructed to propose to his Majesty that the said Convention be so amended, as perfectly to correspond with the Scheme in every part where a deviation from the same is not permitted by the said Act, and further that he represent to his Majesty, the desire of Congress to make the said Convention probationary, by adding a Clause for limiting its duration to eight or ten years.

That he assure his Majesty of the determination of Congress to observe on all occasions the highest respect for Candor and good faith in all their proceedings, and that on receiving the Convention so amended, and with such a Clause, they will immediately ratify it.

Your Secretary thinks it should also be resolved, That the Honble. Thomas Jefferson Esq., the Minister plenipotentiary of the United States at the Court of Versailles be, and he hereby is authorised and directed, to conclude and sign on the part of the United States, with the Minister of his Most Christian Majesty having equal powers, a Convention for the regulation of their respective Consuls, conformably to the Scheme abovementioned, in every respect except where deviations from it are permitted by the said Act of Congress of the 25 day of January, 1782, and with a Clause limiting the duration of the said Convention to any term of years not exceeding ten.

Your Secretary thinks he should be directed to write the following Letter to Mr Jefferson:

"Sir: I have the honor of transmitting to you herewith enclosed the following papers to wit:

These papers will possess you fully of the whole business. I am persuaded that it will appear to you as it does to Congress, to be a delicate one, and to require delicate management.

The original Scheme of the Convention is far from being unexceptionable, but a former Congress having agreed to it, it would be


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improper now to recede; and therefore Congress are content to ratify a Convention made Conformable to that Scheme, and to their Act of the 25 day of January, 1782, provided a Clause limiting its duration be added.

It will be proper therefore to press on the Court, only such objections to the Convention, as arise from its departure from the Scheme. On making an accurate comparison, such departure will appear manifest to his Majesty, and there is reason to expect from his candour, that he will readily consent to remove the objections occasioned by it.

As it certainly is wise to try the merits of Institutions entirely new, by actual experience, before nations adopt them forever, the propriety of rendering this Convention probationary in the first instance, is unquestionable. Congress cannot therefore presume that his Most Christian Majesty will object to a Clause for limiting its duration. The design of this Convention being for mutual and reciprocal benefit and convenience, it would be doing injustice to his Majesty, to suppose that he would wish to provide for its existing longer than it should prove useful and satisfactory.

If after the experience of a few years it should be found to answer the purposes intended by it, both parties will have sufficient inducements to renew it, either in its present form, or with such alterations and amendments as time, experience, and other circumstances may indicate.

I have the honor &c., &c., &c.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, II, folio 145. According to indorsement it was read September 12 and referred to Mr. [William Samuel] Johnson, Mr. [Arthur] St. Clair, Mr. [Charles] Pinckney, Mr. [William] Henry, and Mr. [Henry] Lee. Committee Book No. 190 states that this committee was discharged October 2.
September 12: The following committees were appointed: Mr. [William] Henry, Mr. [Arthur] St. Clair and Mr. [William Samuel] Johnson, on "Capt. Allen McLean's Accots. and observations thereon by the Comr. of Army Accots.". This committee was renewed February 12, 1787. See post, October 18.
Mr. [John] Kean, Mr. [Arthur] St. Clair and Mr. [Charles] Pinckney, on "a draught of a deed of Cession of Connecticut's claim to Western territory." A report was rendered September 14. The draft is in No. 30, folio 507.
Mr. [Edward] Carrington, Mr. [John Bubenheim] Bayard and Mr. [William Samuel] Johnson, on the "Petition of D. Henley for paymt of certain expences." Report was rendered September 19. Henley's petition is in No. 42, III, folio 562.
Also "So much of petition of John P. Short as relates to the issue of a brevet of Major" was referred to the Secretary at War to report.
Also the "Petition of And. McFarlane for year's pay as deranged Officer" was referred to the Commissioner of Army Accounts to report. McFarlane's petition of April 14, is in No. 42, V, folio 375.
Also the "Sentence of a court martial on John Van Vorhees" was referred to the Secretary at War to report.
Committee Book No. 190.]

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