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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, OCTOBER 23, 1786.
Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, South Carolina and Georgia; and from Maryland, Mr. [Nathaniel] Ramsay, and from Virginia, Mr. [Henry] Lee.
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1The committee, consisting of Mr. [Charles] Pinckney, Mr. [Melancton] Smith and Mr. [John] Henry, to whom was referred an act of the legislature of the State of Georgia, passed in consequence of the resolution of the 30th April, 1784, respecting Commerce, and the subject of the said recommendation, having reported,
[Note 1: 1 At this point Benjamin Bankson begins the entry, with a correction by Charles Thomson as to North Carolina's Act.]
That it appears by the said resolutions, the United States in Congress assembled, recommended to the Legislatures of the several States, to vest them, for the term of fifteen years, with powers to prohibit any goods, wares or merchandize from being imported into or exported from any of the States, in Vessels belonging to or navigated by the Subjects of any power with whom these States shall not have formed treaties of Commerce. That they also recommended to the Legislatures of the said States, to vest the United States in Congress assembled, for the term of fifteen years, with the power of prohibiting the Subjects of any foreign State, Kingdom or Empire, unless authorised by treaty, from importing into the United States any goods, wares or merchandize, which are not the produce or manufacture of the dominions of the Sovereign whose subjects they are: Provided that to all Acts of the United States in Congress assembled, in pursuance of the above powers, the assent of Nine States shall be necessary. The Committee have carefully examined the Acts passed by the several States in pursuance of the above recommendation, and find: That the State of Delaware has passed an Act in full compliance with the same: That the Acts of the States of Massachusetts, Rhode Island, New York, New Jersey, Virginia and Georgia, are in conformity to the said recommendation, but restrained in their operation until the other States should have granted powers equally extensive: That the States of Connecticut, Pennsylvania and Maryland, have passed laws agreeable to the said resolution, but have fixed the time at which the powers thereby invested shall begin to operate, and not left the same to commence at the time on which Congress shall begin to exercise it; which your Committee conceive to have been the intention of the same: That South Carolina, by an Act passed the 11th March, 1786, have invested the United States in Congress assembled, with the power of regulating the trade of the United States
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with the West Indies, and all other external or foreign trade of the said States for the term of fifteen years, from the passing of the said Act: That New Hampshire, by their Act of the 23d of June, 1785, invested the United States in Congress assembled, with the full power of regulating trade for fifteen years, by restrictions or duties, with a proviso suspending its operation until all the other States shall have done the same: That North Carolina, by their Act of the 2d June, 1784, have authorised their delegates to agree to and ratify an article or articles by which Congress shall be empowered to prohibit the importation of all foreign goods, in any other than vessels owned by citizens of the United States, or navigated by such a proportion of seamen, citizens of the United States, as may be agreed to by Congress, which when agreed to by all the States, shall be considered as a part of the Articles of Confederation and perpetual Union. From the above review of the Acts passed by the several States, in consequence of the said recommendation, it appears that, though in order to make the duration of the powers equal, it will be necessary for the States of Connecticut, Pennsylvania, Maryland and South Carolina, so far to amend their Acts, as to permit the authorities therein granted to commence their operation at the time Congress shall begin to exercise them, yet still the powers granted by them and by the States of Massachusetts, Rhode Island, New York, New Jersey, Delaware, Virginia and Georgia, are otherwise in such compliance with the recommendation, that if the States of New Hampshire and North Carolina had conformed their Acts to the said resolution, agreeable to the urgent recommendation of Congress of the 3d of March last, the powers therein requested might immediately begin to operate. The Committee, however, are of opinion, that the Acts of the states of New Hampshire and North Carolina, manifest so liberal a disposition to grant the necessary powers upon this subject, that their not having complied with the recommendation of March last, must be attributed to other reasons than a disinclination in them to adopt measures similar to those of their sister States: the Committee, therefore, conceive it unnecessary to detail to them the situation of our Commerce, languishing under the most ruinous restrictions in foreign ports, or the benefits which must arise from the due and equal use of powers competent to its protection and support, by that body which can alone beneficially, safely and effectually exercise the same: Whereupon,
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Resolved, That it be again earnestly recommended to the Legislatures of the States of New Hampshire and North Carolina, at their next session, to reconsider their Acts and pass them in such conformity with the resolutions of the 30th April, 1784, as to enable, on their part, the United States in Congress assembled, to exercise the powers thereby invested as soon as possible.
Resolved, That as the extent and duration of the powers to be exercised by the United States in Congress assembled, under the recommendation above-mentioned, ought to be equal, it be recommended to the Legislatures of Connecticut, Pennsylvania, Maryland and South Carolina, so far to amend their Acts, as to vest the powers therein contained for the term of fifteen years, from the day on which Congress shall begin to exercise the same.
Resolved Unanimously, That whenever it shall appear to the Secretary of the United States of America for the department of foreign Affairs that their safety or interest require the inspection of any letters in any of the post Offices he be authorised and empowered to inspect the said letters, excepting from the operation of this resolution all letters flanked by or addressed to Members of Congress.1
[Note 1: 1 This proceeding is entered by Thomson only in Secret Journal, Domestic, No. 3.]
[Motion of Mr. King]
Resolved, That the post master General make such an allowance to William Bedlow post master in the City of New York in addition to the emoluments of his Office as may be a reasonable compensation for his extra services in the Receit and dispatch of Packet Letters originally received in his Office.
Resolved, That the post mast. Gen. retain in his hands the last quarters salary of the contractors for the transportation of the mail from the City of New York to Savannah till an enquiry is made into
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the causes of the many disappointments which have taken place in the conveyance of the mail on that Rout.1
[Note 1: 1 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 315. According to indorsement it was made October 23 and referred to the Postmaster General to report. According to Committee Book No. 190 he reported October 25.
Also, according to indorsement, was read a petition of Daniel Van Voohis, praying to be appointed Master Coiner in the Mint. It is in No. 42, VIII, folio 101.]
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