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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 --FRIDAY, JULY 20, 1787
Congress assembled present as before.
Congress resumed the consideration of the report under debate yesterday and a motion was again made by Mr [Nathan] Dane which was seconded by Mr [Edward] Carrington to amend it by striking the words "and in case the militia shall be called &c to federal troops inclusive, and inserting the words proposed yesterday and on the question to agree to this Amendment the yeas and nays being required by Mr [William] Grayson
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So it was resolved in the Affirmative.
Other amendments being made in the report
On motion of Mr [William] Irwine seconded by Mr [Melancton] Smith
Ordered That the further consideration of the report be postponed till to Morrow.
Congress then resumed the consideration of the report1 on the Memorial2 of Saml. Holden Parsons and a motion
[Note 1: 1 See July 10, 1787. Also July 14, 17, and 23, 1787.]
[Note 2: 2 See May 9, 1787.]
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was made by Mr [William] Pierce seconded by Mr [Samuel] Holten to amend the said report by adding the following clause "The purchaser or purchasers to be at liberty for the term of two years from the closing of this contract to extend their purchase upon the same terms within a line to be extended due North from the conflux of the branches of the Siota at a place called Townlick, and the continuation of the west boundary of the seventh range of townships as far as the east and west line of the northern boundary of the said range of townships, provided that there shall never be left any interstice and that the northern boundary shall always be a due east and west line."
And on the question to agree to this Amendment the yeas and nays being required by Mr [William] Pierce
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So the question was lost.
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1On the report 2 of a Committee to whom was referred a report3 of the Secretary for foreign Affairs of the 23d of April last respecting instructions to the minister of the United States at the Court of London,
[Note 1: 1 From this point to the end of the day the proceedings are entered by John Fisher and attested by Charles Thomson in Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 380--383. The vote in this entry is by states only. The proceedings are also entered by Thomson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1613--1616.]
[Note 2: 2 See July 18 and 19, 1787.]
[Note 3: 3 See April 23, 1787.]
Resolved That the minister of the United States at the Court of Great Britain, be and he is hereby instructed to inform his Britannic Majesty that Congress have taken measures for removing all cause of complaint relative to the infraction of the 4th. and 6th. Article of the treaty of peace, and that he communicate to his Majesty their resolutions of the 21st. March last together with their circular letter to the States, of the 13th day of April.
Resolved That the said Minister be and he hereby is authorised and directed in the name and behalf of the United States to propose and conclude a Convention with his Britannic Majesty whereby it shall be agreed that the value of slaves or other American property carried away contrary to the 7th Article of the Treaty of peace be estimated by Commissioners;4 and that he also endeavor to obtain an Article to fix the true construction of the declaration for ceasing hostilities, and to
[Note 4: 4 At this point the following was struck out from the original report: "and paid for and that the s(d.) Payment together with a surrender of all the Posts and places now held by his Majesty within the limits of the U S shall he made within months after the several States shall have passed an act [or Acts] in conformity to the resolutions beforementioned, whichmonths shall be computed from the time that formal notice shall be given his Majesty that all the States have passed an act [or Acts] as above mentioned." Papers of the Continental Congress, No. 25, II, p. 474. See the motions below.]
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stipulate that compensation be made for all Captures contrary to it.
Resolved That the said minister be and he hereby is further instructed to assure his Majesty that it will always give pleasure to Congress fairly to discuss and accommodate every difference or complaint that may arise relative to the construction or to the performance of the Treaty. That they are determined to execute it with good faith. And that as this is the only instance in which any complaints have come regularly before them they flatter themselves that the readiness with which they have taken measures to remove these complaints will create in him a full confidence in the purity of their intentions, and that he assure his Majesty that they fully repose and confide in his assurances "that whenever America shall manifest a real determination to fulfil her part of the treaty Great Britain will not hesitate to co-operate in whatever points depend upon her for carrying every Article into real and compleat effect."
Chas Thomson Secy
In debating the foregoing Resolutions a motion was made by Mr [Melancton] Smith seconded by Mr [William] Grayson to amend the second resolution by adding thereto as follows (after the word Commissioners)
"And that the payment for the same together with a surrender of all the posts and places now held by his Majesty within the limits of the United States shall be made within a certain reasonable time after the several States shall have passed an Act or Acts in conformity to the resolutions before mentioned, and formal Notice shall be given his Majesty that all the States have passed an Act or Acts as above mentioned."
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A motion was made by Mr. [Nathan] Dane seconded by Mr. [Edward] Carrington to amend the amendment by striking out the words "together with a surrender of all the posts and places now held by his Majesty within the limits of the United States" and on the question shall those words stand? the yeas and nays1 being required by Mr. [Melancton] Smith
[Note 1: 1 The record of this vote is from Papers of the Continental Congress, No. 5, III, pp. 1615--1616.]
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So it passed in the Negative, and the words were struck out, and the question to agree to the amendment as amended was Negatived.
Chas Thomson Secy
[Report of Secretary of Congress on sundry petitions2]
[Note 2: 2 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, pp. 57--59.]
Office Of Secretary Of Congress
July 20, 1787
On the petition and memorial of a comee. of the board of trustees of Dickinson college stating that the board are desirous of renting or purchasing a part of the public buildings near Carlisle and praying
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that Congress will take some measure in this business and appoint some proper person to contract with them for the rent or sale of a part of the said buildings,
The Secy of Congress reports
That the petition1 of the Comee of the board of trustees of Dickinson college be referred to the Comee appointed on the 21 [28] March last and to whom was referred a Motion2 respecting the sale of the said buildings.
[Note 1: 1 According to the Committee Book, Papers of the Continental Congress, No. 190, p. 154, the petition, as well as the motion mentioned, was referred to a committee consisting of Mr. Edward Carrington, Mr. William Few, Mr. William Bingham, Mr. Abraham Clark and Mr. William Irvine. This was a renewal of the committee of March 28. Report rendered July 23 and acted on October 17, 1787. See July 19, 1787.]
[Note 2: 2 See March 28, 1787.]
On the petition of Andrew McFarlan3 of Schenectady, that a balance which remains due to him may be paid
[Note 3: 3 See July 18 and April 19, 1787.]
The Secy of Congress reports that a similar petition from the said A McFarlan having been presented to Congress was referred to the board of treasury, who have reported their opinion and reasons that the prayer of the petition should not be granted. This report being still before Congress
The Secy reports
That the present petition of Andrew McFarlan be filed.
On the petition of the field Officers of the regiments of Militia and other freeholders4 of the frontier settlements in the County of Montgomery and State of New York
[Note 4: 4 See July 18, 1787.]
Stating that they are informed that great dissatisfaction prevails at present among the Indians of the six Nations and some of their Neighbours by reason of the non appointment of a Superintendant of Indian Affairs for the said State of New York as formerly and praying Mr Peter Schuyler may be appointed Superintendant of Indian Affairs
The Secretary of Congress reports that on the 16 The United States in Congress assembled have been pleased to empower the Secy at War to inform the Indian messengers "That the appointment of a deputy in the northern department being vested in the Superintendt. whom they have already appointed Congress cannot consistently
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with their Ordinance for the regulation of the Indian department appoint Mr P Schuyler or any other person to that Office. The Secy therefore farther reports That the petition of the field Officers &c in the County of Montgomery and state of New York be filed.
On the letter1 of 14 July from J. Cochran Comr of the Cont. loan Office for the State of N York to the board of treasury, stating the multiplicity of business in that Office and requesting that he may be allowed sufficient assistance to discharge the duties of his Office with that dispatch and regularity which is necessary to give satisfaction to the public
[Note 1: 1 See July 18, 1787.]
The Secretary of Congress reports
That the letter of 14 from J. Cochran to the board of treasury be referred2 to the board of treasury to report.
[Note 2: 2 According to the Committee Book, Papers of the Continental Congress, No. 190, p. 154, the petition was referred to the Board of Treasury to report. Report rendered July 31, 1787. See October 2, 1787.]
On the Representation and Memorial of John Macpherson3, stating that he flatters himself that he has discovered a concise, plain and easily practicable mode of ascertaining the Longitude from the operations and influences of the Magnet or loadstone in our earth; that he wishes to submit to the attention of Congress the result of his Observations and reflections for more than 30 years and praying and expressing a hope of being indulged with an Opportunity in person of giving any farther satisfaction on this subject as may be requisite as he is anxious to make the first public communication of this American discovery to the Congress of the United States of America before he proceeds to lay it before his Most C My. and other Maritime powers of Europe
[Note 3: 3 Papers of the Continental Congress, No. 41, VI, pp. 490--491, dated July 17, 1787, with parts of a lecture on natural philosophy on pp. 494--495. It is not indorsed as read but was received en July 18, 1787.]
The Secy of Congress reports
That the Representation and memorial of John Macpherson be referred to a comee.
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[Letter of Board of Treasury respecting prize money.1]
[Note 1: 1 Papers of the Continental Congress, No. 140, II, pp. 435--437. The enclosures, copies of the report of the Commissioner of Marine Accounts to the Board of Treasury, July 5, 1787, and the bond of J.P. Jones, are in Papers of the Continental Congress, No. 138, I, pp. 715--720.The report was referred with Jones' letter. See note 2, p. 384.]
Board Of Treasury
July 19th 1787.
Sir: We do ourselves the honor of submitting to the consideration of Congress, a Report to this Board from the Commissioner of Accounts for the Marine Department, on the subject of the Prize Money due to the Crews of the Bonhomme Richard and Alliance, received by Captain Paul Jones from the Government of France;also copies of the Bond to the late Superintendant of Finance, executed by Capn. Jones in pursuance of the Resolve2 of Congress of the 1st. November 1783, authorising that Officer to claim and receive the Prize money abovementioned, and of Mr. Jeffersons Letter of the 12h. of August 1786.
[Note 2: 2 Journals, vol. XXV, pp. 787--788.]
From this Report Congress will observe, that it is not practicable to make a division of what has been received agreeably to the Act3 of Congress of the 7h. June 1786, 'till Congress have determined on two points which are suggested by the Commissioner.
[Note 3: 3 Journals, vol. XXX, p. 333.]
The first is, Whether the division made by Captain Jones of the Prize Money (which the Commissioner suggests is contrary to the Ordinances of Congress and encreases Captain Jones' proportion) shall stand.
The second is, Whether the Sum charged by Captain Jones for his expences, which exceeds by Livs 38325:-s:8d. the amount of Commissions to which Captain Jones is entitled by the Resolve of Congress of the 1st November 1783, shall be admitted.
Should Congress judge proper to admit both these points, it becomes our duty to suggest, that a question may arise, how far the Claimants will consider themselves bound to abide by such Allowance, in diminution of what they conceive themselves entitled to by the Acts of Congress relative to this object.
The Sum received from the Court of France falls so short of what the Claimants expected, that there is every reason to apprehend, a
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diminution of near 25 per Cent, on the trifle which has been received, may be thought too great a sacrifice on the part of the Captors.
The correspondence which past betwixt Captain Jones and the Ministers of His Most Christian Majesty, and other documents relative to this object, are so voluminous, that we should not have time to furnish Congress with copies of them, previous to the probable return of Captain Jones to Europe. The whole of it, properly arranged, is entered in a book which is deposited in the Office of the Commissioner of Accounts for the Marine Department, where access can be had to it, by any Committee, which Congress may judge proper to appoint.
We are with the greatest respect, etc.,
Samuel Osgood
Arthur Lee
His ExcellyThe President Of Congress
[Letter of Secretary for Foreign Affairs transmitting letters 1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 277, read July 20, 1787.]
Office For Foreign Affairs,
19th. July 1787
Sir: I have the Honor of transmitting to your Excellency herewith enclosed a Letter 2 of the 18 Instant which I recd from Chevalier Jones, together with the Papers referred to in it, and am with great Respect, etc.,
[Note 2: 2 Papers of the Continental Congress, No. 168, II, pp. 351--354, with seven enclosures (copies, some in French with English translations) on pp. 363--385. The letter deals with his negotiations in collection of prize money due the officers and crew of the Bonhomme Richard and the Alliance. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 154, this letter and the papers accompanying it, so far as they relate to prize money, together with a report of the Commissioner of Marine Accounts, on the same subject, were referred to the Board of Treasury to report. See September 29, 1787.]
John Jay.
His Excellency
The President Of Congress.
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