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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 28, 1786.
Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina and Georgia; and from Maryland, Mr. [Nathaniel] Ramsay.
September 28, 1786.
A motion having been made by Mr. [Charles] Pinckney, seconded by Mr. [Edward] Carrington, in the words following:
Whereas under the ninth of the Articles of Confederation the assent of nine states is necessary for the purpose of entering into treaties or alliances: And whereas the honble. John Jay, Secretary to the United States for the department of foreign Affairs, was on the 20 July and 25 August, 1785, with the assent and under the authority of nine States, instructed to enter into a negotiation with Don Diego de Gardoqui, Encargado de Negocios of his Catholic Majesty, upon certain principles, and under certain restrictions herein after mentioned: And whereas, on the 29th day of August last, on the report of a committee of the whole being taken into consideration, only seven states agreed that the last clause in the said instructions, namely, "And that the following be substituted in its place--that the Secretary to the U. S. for the department of foreign Affairs be and hereby is instructed, in his plan of a treaty with the Encargado de Negocios of
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his Catholic Majesty, particularly to stipulate the right of the United States to their territorial bounds, and the free navigation of the Mississippi from the Source to the Ocean, established in their treaties with Great Britain, and that he neither conclude or sign any treaty, compact or convention with the said Encargado de Negocios, until he hath previously communicated it to Congress and received their Approbation," should be repealed; which repeal tending to enlarge and alter the powers of the Negotiator, and leaving him at liberty to form a treaty upon other and more extensive principles than the former instructions authorised, is objected to by the states of Maryland, Virginia, North Carolina, South Carolina and Georgia, who consider the said question of a partial repeal as lost, as the powers of a Negotiator on the subject of forming treaties ought not, or cannot by repeal or otherwise be altered or enlarged by a less number than nine states, without a flagrant violation of the principles of the Confederation, and a destruction of those guards it has wisely established for protecting the interests of all the members of the confederacy: And whereas, notwithstanding the said question ought to be considered as lost, and although the President only declared that a majority of the house, (meaning the said seven states) had agreed to that part of the report of the committee of the whole, but did not decide that the same was carried, and could be considered as a constitutional resolution of the house, the Secretary of Congress has entered the same on their journal as a resolution of the house; which said entry is not a true account of the proceedings of Congress. The sense of Congress is required on the following question--Is the Entry on the journal of the proceedings of the 29th day of August last, a true state of the said proceedings so far as they respect the assent of the said seven states to the repeal
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of that part of Mr. Jay's instructions beforementioned; or ought the same to be entered on the journal in the nature of a resolution, as being substantially the same as that moved and set aside by the previous question on the 31st of August? and therefore--
On this a question of order was moved contrary to the order of the 1st of the present month, viz. "That when a question is set aside by the previous question, it shall not be in order afterwards formally or substantially to move the same unless there shall be the same or as many states represented in Congress." And the president having declared that the said motion was not in Order, an Appeal was made from the judgment of the chair by Mr. [Charles] Pinckney; and on the question, Shall the judgment of the president be reversed, the yeas and nays being required by Mr. [Charles] Pinckney 1--
[Note 1: 1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 81, II, folios 293--97. The vote is entered on this manuscript in Thomson's writing.]
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So the question was lost.
A motion was then made by Mr. [Charles] Pinckney, seconded by Mr. [Edward] Carrington.
That the injunction of Secresy be taken off so far as to allow the delegates in Congress to communicate to the legislatures and executives of their several states the Acts which have passed, and the questions which have been taken in Congress, respecting the Negotiation between the United States and his Catholic Majesty.1
[Note 1: 1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 81, II, folio 201.]
And on the question to agree to this, the yeas and nays being required by Mr. [Charles] Pinckney--
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So the question was lost.2
[Note 2: 2 This proceeding was entered by Thomson in Secret Journal, Foreign, No. 5. A copy, signed by Thomson, is in Secret Journal, No. 6.
In No. 81, II, folio 292, Papers of the Continental Congress, is the following motion, in the writing of Nathan Dane. It is undated but appears to belong to this period: "Resolved, That the delegates in Congress assembled have leave to communicate to the Legislatures of their respective states the difficulties which imbarrass Congress relative to the instructions given to the Honble. John Jay Esqr. to be observed by him in his management of a treaty with his Catholic Majesty in order to obtain from the Legislatures of the several states instructions to their delegates touching the premises, that their delegates may govern themselves accordingly."]
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War Office, September 28th, 1786.
Sir: I have the honor to transmit to Congress the copy of a letter received from his Excellency Governor Bowdoin, and also a copy of his orders to Major General Sheppard in consequence of my representation of the 16th instant. The Governor must have supposed I still remained at Springfield and therefore enclosed Major General Sheppard's original orders to me at that place.
I cannot refrain from remarking to the honor of his Excellency's Zeal for the protection of the stores of the United States that his orders were issued instantly on the receipt of my letter. But as I apprehend that some serious difficulties might arise were I in consequence of the Governor's orders to General Sheppard, to desire him unconditionally to call forth a considerable body of the militia, and station them at the Arsenal, I humbly beg leave to state them to Congress.
At the time I wrote to the Governor from Springfield the height to which the disorders might arise, or the direction they might take were uncertain. Enough of a lawless and desperate spirit had been manifested to alarm the well affected to Government for the safety of the stores. The real-contents openly avowed the idea, that should the Government attempt to punish them, that they easily could obtain the means of defence from the Arsenal. Their conduct had already evinced that they were capable of perpetrating this crime however great.
I could not ascertain with precision, the nearness, or degree of danger, which threatened the stores, as both might depend materially, on the vigor with which the government might proceed in punishing the ring leaders of the insurrection. I could not therefore request a guard of any specific numbers, but supposed that circumstances must regulate its strength. But the information of some of the most respectable characters in the state, render it my duty to make the application to the Governor.
Springfield is surrounded by the disaffected, who must however be supposed to be much inferior in number, to those whose affections are
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favorable to Government, yet their deficiency in this respect might probably be made up by their daring temerity. A feeble attempt to raise a guard for the protection of the stores would probably precipitate their loss, as the real-contents might regard it as the first step towards their destruction.
In so critical a case, all that appeared practicable was an endeavour, that Major General Sheppard should be invested with the legal authority, to call forth the well affected militia, and take every other necessary measure, which exigencies might require. His residence in the vicinity of Springfield, his vigilance and dispositions would enable him from time to time to know the designs of the mal-contents and to endeavor to frustrate them. In the last resort, if he should be dubious of his force, it was considered as practicable to obtain a decided superiority from the neighbouring militia of Connecticut.
Besides the danger before alluded to in calling out a body of militia for the security of Springfield, the expense of subsisting them would be considerable, and must be defrayed by the United States, which if practicable would greatly embarrass the Treasury.
Were there a respectable body of troops in the service of the United States, so situated as to be ordered immediately to Springfield, the propriety of the measure could not be doubted. Or were the finances of the United States in such order, as to enable Congress to raise an additional body of four or five hundred men and station them at the respective arsenals the spirit of the times would highly justify the measure. For it may be observed that if one of the Arsenals which was conceived to be perfectly secure from its situation, is suddenly endangered from strange circumstances, the others are liable to the same evil, and in an instant the nation may be deprived of its invaluable apparatus of war, which may be converted to the subversion of all government.
But it would be an evil of the most dangerous tendency to raise an additional body of troops and station them at the Arsenals without the absolute certainty of paying them much better than those now in service on the frontiers.
Having thus stated the previous steps on this occasion, I beg leave humbly to submit to Congress, Whether considering the nature of a militia guard, the probable operation such a measure may have on the conduct of the mal-contents and the certainty of a considerable expence which would be incurred, it would be proper to enforce unconditionally the orders of his Excellency Governor Bowdoin to
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Major General Sheppard of the Massachusetts militia, to raise a certain body of men for the protection of the Arsenal at Springfield; or whether it would not be most proper, to rest the execution of the order with Major General Sheppard agreeably to the arrangements already made with him on the subject.
I feel a diffidence in troubling Congress with this matter, but its importance and the critical circumstances attending it, will I hope plead my excuse.
I have the honor to be etc.
His Excellency,
The President of Congress.
H. Knox.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 150, I, folio 567. A copy of Gov. James Bowdoin's letter, dated September 19, is on folio 559. A copy of Bowdoin's orders to Maj. Gen. William Sheppard is on folio 563.
September 28: The following committee was appointed: Mr. [Rufus] King, Mr. [Melancton] Smith and Mr. [Nathan] Dane, on "Report of board of treasy. on meml. Willm. Finney." Report was rendered October 4.
The account of John Quincy Adams, as secretary to Francis Dana, and rendered by Dana, was referred to the Board of Treasury to report and a report rendered October 13.
The petition of Robert Yauncey was referred to the Board of Treasury.
Committee Book No. 190.]
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