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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 --WEDNESDAY, JULY 4, 1787.
Congress assembled, present Massachusetts New York New Jersey Virginia, North Carolina, South Carolina and Georgia.
The president being absent Congress proceeded to the election of a chairman and the ballots being taken
The honble. Mr [William] Grayson was elected.
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[Credentials of John Kean, South Carolina1]
[Note 1: 1 Original credentials on parchment, Papers of the Continental Congress, South Carolina Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, p. 216. Delivered to Secretary of Congress, May 28, 1787. These credentials and those of Samuel Holten printed under this date were delivered to the Secretary of Congress in the absence of a quorum and were probably read on this date.]
State of South Carolina
By his Excellency Thomas Pinckney Esquire Governor and Commander in chief in and over the State aforesaid
To the Honorable John Kean Esquire Greeting
Know ye that by Virtue of the Power and Authority in me vested by the Legislature of this State I have commissioned and by these presents do commission you the said John Kean to be a Delegate to represent this State in the Congress of the United States of America. This Commission to continue and be in force until the first Monday in November next and no longer.
Given under my hand and the Great Seal of the State in the City of Charleston this sixth day of March in the Year of our Lord one thousand Seven hundred and eighty Seven and of the Sovereignty and Independence of the United States of America the Eleventh.
By his Excellency's Command Thomas Pinckney
Peter Freneau
Secretary
[SEAL PENDENT]
[Credentials of Samuel Holten, Massachusetts2]
[Note 2: 2 Original credentials, Papers of the Continental Congress, Massachusetts Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, pp. 217--218. Delivered to Secretary of Congress, June 21, 1787.]
Commonwealth of Massachusetts
To our trusty and well beloved Samuel Holten Esqr. of (Seal) Danvers in our County of Essex, Greeting
Whereas the General Court of our Commonwealth aforesaid did on the twenty seventh day of June Ao. Di. 1786 agreeable to the Constitution of our said Commonwealth appoint The Honble Samuel Holten Esqr. a Delegate to represent our said Commonwealth in the Congress of the United States for one year commencing the first Monday in November 1786.
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Now therefore Know ye, that We do by these presents, and in pursuance of the said Appointment Commission you the said Samuel Holten Esqr. to represent our said Commonwealth in Congress, and vest you with all and singular the powers and authorities to the said Office or place of Delegate belonging by virtue of the Constitution of said Commonwealth and the Appointment aforesaid, and to hold said Office until the first Monday of November Ao. Di. 1787. And you the said Samuel Holten are hereby required to observe the instructions which from time to time shall be given to you by the General Court of our said Commonwealth.
In Testimony whereof We have caused our Public Seal to be hereto affixed,
Witness James Bowdoin Esqr. our Governor and Commander in Chief at Boston the Seventh day of October Ao. Di. 1786, And in the Eleventh Year of the Independence of the United States of America.
By His Excellency's Command. James Bowdoin
John Avery junr. Secretary
[Report of committee on instructions respecting the Spanish negotiations1]
[Note 1: 1 Papers of the Continental Congress, No. 25, II, p. 467, in the writing of Mr. Benjamin Hawkins. Read July 4, 1787. It was delivered to the Secretary of Congress on June 13. See May 9 and 11, 1787.]
The Committee [consisting of Mr. Dyre Kearny, Mr. William Few, Mr. Benjamin Hawkins, Mr. William Grayson and Mr. Charles Pettit] to whom the letter from Mr. Jay of the 9th of May was referred for the "Express instructions of Congress on the points in difference between the United States and the Crown of Spain" Report
That any material departure from the Original intention of Congress as expressed in their resolution2 of the 25th of August 1785, would be obviously disagreeable to a large majority of the Citizens of the United States.
[Note 2: 2 Journals, vol. XXIX, p. 658.]
That Congress being desirous of conciliating between his Catholic Majesty and these United States the most happy and lasting friendship should so conduct themselves as to merit and preserve the confidence of their constituents: As well as to convince his Catholic Majesty by a fixed and stable plan of policy of their determination to preserve inviolate the rights of their citizens, and in no case whatever to enter into engagements which would be violated.
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That the Secretary for the department of Foreign affairs be directed in a decent but firm decided and candid manner to State to Don Diego de Gardoqui the embarassments Congress are involved in, their desire of conciliating with his Sovereign a lasting friendship, And indispensable obligation to preserve the right of the United States to their territorial bounds and the free Navigation of the Mississippi from its, source to the Ocean as established in their treaties with Great Britain.
[Report of Board of Treasury on memorial of J. Wait1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 479--481, read July 4, 1787. See April 26 and May 2, 1787.]
The Board of Treasury to whom was referred the Memorial of John Wait,
Beg leave to Report,
That the Memorialist sets forth, that in the Years 1782 and 1783, he transacted business with the Army of the United States, and supplied them with Clothing and other necessaries in payment of which he received orders on the respective Pay masters for the Arrears of Pay due to the Persons to whom such Supplies were furnished.
That on this Negotiation a generous Allowance was made to the Soldiery, and the same was sanctioned by the approbation of the Commanding Officers of the respective Regiments.
That several Soldiers after disposing of their Pay in the manner above mentioned Deserted at the close of the Year 1783; and that the Pay Master General has in consequence thereof made stoppages of the whole Arrears of Pay due to them, by which the Memorialist alledges he has sustained a loss of Eleven hundred and eighteen Dollars.
On the above Memorial the Board beg leave to observe,
That all Persons in the Land or Sea Service of the United States, forfeit on Desertion, all the Pay and other emoluments at that time due to them.
That the apprehension of this Penalty operates in a powerful manner to prevent Desertion; that it of course ceases on the Assignment of their pay; and that it would be therefore improper, in the opinion of this Board, to give any public sanction to a measure which has an evident tendency to encourage Desertion.
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That, although the Memorialist states, that this Negotiation was sanctioned by the authority of the Commanding Officers of Corps; yet such sanction does not appear sufficient to induce a deviation from the general rule which has invariably been persued with respect to Deserters.
The Board beg leave further to observe, that as the Penalty annexed to Desertion, must have been generally known by all Persons transacting business with the Army it is to be presumed that this risque, amongst others, must have entered into their calculations in the purchase of Pay; and although from the price given by the Memorialist for such Arrears, and the subsequent Depreciation of the Notes issued to the Soldiery, the issue of his Negotiations may not have proved fortunate, yet the same cannot be considered in any other point of view, than that of a private Speculation; for the issue of which the United States, ought in no respect whatsoever to be considered as responsible.
For the above reasons, and because a compliance with the prayer of the Memorialist, might establish a precedent for numerous applications grounded on similar principles; the Board recommend to the consideration of Congress the following Resolve.
That the Application of John Wait for certain Arrears of Pay by him purchased of sundry Soldiers of the late Army, previous to their Desertion, cannot be complied with.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
May 14th. 1787.
[Letter of Board of Treasury on copper coins1]
[Note 1: 1 Papers of the Continental Congress, No. 139, p.'515, read July 4, 1787. According to indorsement and the Committee Book, Papers of Continental Congress, No. 190, p. 150, the letter was referred to a committee consisting of Mr. William Pierce, Mr. John Kean and Mr. Samuel Holten, which reported July 6, 1787. The letter is also indorsed "Resolved that devices N. 3 and 4 be used."]
Board of Treasury
May 11th. 1787.
Sir: Agreeably to the Orders of Congress of the 26th of April 1787. We do ourselves the honor of submitting to the opinion of that honorable Body several devices for the proposed Copper Coin.
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These devices are numbered from No. 1 to 7; and if any two Numbers should be approved of by Congress we shall take measures to have the Contract executed in conformity to it.
We beg leave to suggest the necessity of an early decision on this Subject that there may be as little delay as possible in the commencement of the Copper coinage.
We have the honor to be, etc.,
Samuel Osgood
Walter Livingston
Arthur Lee
His Excellency The President of Congress.
[Letter of Secretary at War respecting Indian affairs1
[Note 1: 1 Papers of the Continental Congress, No. 150, II, p. 351, read July 4, 1787. The enclosures are on pp. 347--348 and 343--344.]
War Office May 29, 1787
Sir: I have the honor to transmit for the information of Congress a copy of a letter and its enclosure just received from Major Hamtramck. The intelligence contained in the enclosure, is very opposite to the train of information which has been received from the official servants of the United States on the frontiers. But the character and opportunities of Mr Duncan are such, that he is entitled to the greatest credit. If he has not been deceived in the present case, further intelligence may be hourly expected.
I have the honor to be etc.,
H Knox
Charles Thomson Esqr.
Secretary of Congress
[Letter of Secretary at War respecting his absence2]
[Note 2: 2 Papers of the Continental Congress, No. 150, II, p. 355, read July 4, 1787.]
War Office, 9th. June 1787.
Sir: I beg leave to inform Congress, should they meet previous to my return, that the numerous military stores in Philadelphia were not so arranged, at the time I was there, as to admit of that minute inspection, which I think necessary.
I shall therefore embrace the present recess of Congress, to complete the necessary business pointed out in the ordinance for ascertaining
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the duties of the Secretary at War. I expect to return to this City, previously to the 25th instant.
I have the honor to be, etc.,
H Knox1
[Note 1: 1 July 4 1787. According to indorsement was read a letter of John Avery, jr., to Charles Thomson, informing that Massachussets had repealed all laws repugnant to the treaty of peace with Great Britain, by an act passed April 30, 1787. Papers of the Continental Congress, No. 65, II, p. 359. An attested copy of the Act is on pp. 335--336]
The Deputy Secretary of Congress.
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