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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, AUGUST 10, 1786.
Congress assembled. Present, as before.
Congress was resolved into a committee of the whole, on a communication from the Secretary for foreign Affairs: Mr. [John] Bull elected to the chair:
After some time the president resumed the chair, and Mr. Bull reported, that the committee have had under consideration the subject referred to them, but having come to no determination, desire leave to sit to-morrow.
Ordered, That leave be granted.
August 10, 1786.
On Motion or M: [William] Grayson, seconded by Mr. [Timothy] Bloodworth, the Secretary of Congress, transmitted to Mr. Jay the following Order:
"That the Secretary for foreign Affairs without delay state to Congress any information he may have received respecting the sentiments of the court of France touching our right of Navigating the Mississippi. Also that he state to Congress the territorial claims of Spain on the east side of the Mississippi."1
[Note 1: 1 This proceeding is entered, by Thomson, only in Secret Journal, Foreign, No. 5. The original motion in the writing of William Grayson is in the Papers of the Continental Congress, No. 81, II, folio 311. Thomson's letter to Jay is in No. 55, folio 323.]
Office For Foreign Affairs,
10th. August, 1786.
Sir: I have this moment received an Order of Congress in the following words, Vizt.--
"That the Secretary for foreign Affairs state to Congress without delay any Information he may have received respecting the Sentiments of the Court of France touching our Right of navigating the Mississippi; also that he state to Congress the territorial Claims of Spain on the east side of the Mississippi."
Permit me sir, to observe that it is impossible to execute this Order instantly, because the Sentiments of the Court of France touching our Right to navigate the Mississippi are to be collected from Paragraphs and Documents so mixed with the Mass of Papers in this Office as to require time to select and Copy.
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The Evidence we have of the territorial Claims of Spain on the east Side of the Mississippi is in the same Predicament, and some Time will be necessary to extract and arrange it.
It would be rash in me to attempt this Statement from Memory, especially as Omissions and Mistakes however accidental and unintentional might give Occasion to unpleasant Doubts and Conjectures.
I shall immediately lay aside other Business, and diligently apply myself to preparing this Statement; there shall be on my part no avoidable Delay, and the Moment it is finished it shall be transmitted to your Excellency.
I have the honor to be, etc.
John Jay.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 81, II, folio 213. According to indorsement it was read August 10.]
His Excellency,
The President of Congress.
[Motion of Delegates of Massachusetts]
[Resolved that the following words contained in an instruction of the U. S in Congress assembled to the Seey. for the dept. of forn. affairs made the 25th. day of Augt. 1785.]
Resolved, That so much of the Resolution of Congress of the 25 day of Aug., 1785, being an instruction to the Secretary of the U. S. for the department of Foreign Affairs, as are contained in the following words, namely, ["And that the following be substituted in its place, that the Seey. 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 his catholic Majesty particularly to stipulate the right of the U. S. 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 untill he hath previously communicated it to Congress and received their approbation"] be and the same is hereby repealed, and made void * * *2
[Note 2: 2 This motion, in the writing of Rufus King, except the portions in brackets which are in that of Theodore Sedgwick, is in the Papers of the Continental Congress, No. 81, II, folio 245. According to Thomson's indorsement it was offered August 10. The omitted portion, which is on folios 249--255, is in King's writing and is spread on the Secret Journal, Foreign, No. 5, August 28.]
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