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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 --SATURDAY, FEBRUARY 3, 1787.
Congress assembled. Present as yesterday.
In pursuance of the appointment made on the 10th. of Sept 1786 of persons to constitute a court to hear and determine the matter in Controversy between the States of South Carolina and Georgia the following gentlemen have signified their acceptance of the Office and that they will attend at New York at the time appointed, viz
The honble. A[lexander] C[ontee] Hanson by his letter of 15.Octr 1786
James Madison by his letter of 25 Sept 1786
Robert Goldsborough junr by his letter of 28 Novr 17861
[Note 1: 1 Papers of the Continental Congress, No. 78, X, p. 541, read February 3, 1787.]
James Duane by his letter of 26 Decr 17862
[Note 2: 2 Papers of the Continental Congress, No. 78, VIII, p. 199, read February 2, 1787.]
Thomas McKean by his letter of 2 Oct 17863
[Note 3: 3 Papers of the Continental Congress, No. 78, XVI, p. 517, read October 5, 1786.]
Egbert Benson by his letter of 30 Sept 17864 and Wm. Pynchon by his letter of 3 Novr 17865
[Note 4: 4 Papers of the Continental Congress, No. 78, IV, p. 525, read October 4, 1786.]
[Note 5: 5 Papers of the Continental Congress, No. 49, p. 119, read February 3, 1787.]
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Mr John Dickinson and Mr Philemon Dickinson, have declined the appointment, the former by a letter of 21 Novr 17861 and the latter in one of 10 Jany 1787.2
[Note 1: 1 Papers of the Continental Congress. No. 78, VIII, p. 195, read February 3, 1787.]
[Note 2: 2 Papers of the Continental Congress, No. 78, VIII, p. 203, read February 3, 1787.]
A letter3 from the honbl J[ohn] Adams was read informing that he had exchanged with the baron Thulemeier the ratifications of the treaty between the United States of America and enclosing the ratification thereof by his Prussian Majesty.
[Note 3: 3 October 26, 1786, Papers of the Continental Congress, No. 84, VI, pp. 355--358, transmitted to Congress by John Jay in letter of January 18, 1787, Papers of the Continental Congress, No. 80, III, p. 169.]
The Secretary for foreign Affairs to whom was referred a letter to Congress dated 9th July 1786 from his most Christian Majesty on the Birth of his daughter reported the draught of an Answer which was agreed to The Secretary for foreign affairs to whom was referred a letter of 27 June 1786 from the honb J[ohn] Adams reported the draught of a letter to the Queen of Portugal, which was agreed to.
He also suggested answers which he should return to the letter of Sr E Newenham and of Mr Dumas referred to him which were approved.
On motion4 of Mr [Charles] Pinckney seconded by Mr [John] Kean Resolved That all matters which were before the last Congress and left unfinished by them be taken up in the present; And that all committees appointed by them and who have not reported be directed to proceed in the business before them and report as soon as may be.
[Note 4: 4 This motion, in the writing of Charles Pinckney, is in Papers of the Continental Congress, No. 36, III, p. 319.]
5A Letter from the Honble J. Adams, was read informing that he had exchanged with the Baron Thulemier the
[Note 5: 5 From this point to the end of the day the Journal entries were made by Benjamin Bankson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1555--1562.]
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Ratifications of the Treaty between the United States of America and enclosing the ratification thereof by his Prussian Majesty.
The Secretary for Foreign Affairs to whom was referred a Letter1 to Congress dated 9th July 1786 from his Most Christian Majesty on the Birth of his Daughter, reported the draught of an answer2 which was agreed to as follows.
[Note 1: 1 This letter was entered as a footnote in the Secret Journal as follows:--Trés Chers Grands Amis et Alliés nous sommes bien convaincus que vous partagerez la satisfaction que nous cause l'heureuse delivrance de la Reine notre tres chefs epouse que vient de mettre au monde une Princesse. l'entiere confiance que nous mettons dans les sentimens dont nous nous flattons que vous nous renouvellerez les temoignages en cette occasion, vous repond du desir que nous aurons toujours de vous donner de plus en plus des preuves de notre affection et de notre constante amitie pour vous. Sur ce nous prions Dieu qu'il vous ait, tres chers Grands Amis et Alliés en sa sante et digne garde. sein [sic; Ecrit] à Versailles le 9 Juillet 1786
Votre bon ami et Allié
Louis
Gravier de Vergennes]
[Note 2: 2 Report of Secretary for Foreign Affairs, John Jay, December 18, 1786, read February 3, 1787, Papers of the Continental Congress, No. 81, III p. 171--172. It is indorsed, "Agreed to. Sent back to Secretary for Foreign Affairs that the letter may be made out and when signed by the President forwarded. Order taken Feby, 6th, 1787".]
"Great, Faithful & Beloved Friend & Ally: We have received the Letter which you did us the Honor to write on the 9th. July last.
We participate very cordially in the satisfaction which your Majesty derives from the Birth of a Princess, and rejoice in every event which adds to the prosperity of your people and the welfare of your royal Family. We present to your Majesty and the Queen our Congratulations on the occasion. We assure you of our unceasing gratitude and attachment, and we pray the Almighty always to keep your Majesty, your people, and Family in his most holy protection.
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Done at New York the third day of February in the year of our Lord 1787. By the United States in Congress asd.
(Signed) Arthur St. Clair, President".
The Secretary for Foreign Affairs to whom was referred a Letter1 of 27th. June, from the Honble. J. Adams, reported the draught of a Letter to the Queen of Portugal,2 which was agreed to as follows:
[Note 1: 1 This letter is entered as a footnote in the Secret Journal as follows:
London June 27th. 1786.
Sir: The Chevalier de Pinto, the Envoy of Portugal, informed me, this day that he had received Instructions from his Court, to inform me, that the Queen his Mistress has sent a Squadron to cruise in the mouth of the Streights with Orders to protect all Vessels belonging to the United States of America equally with those of her own Subjects and that She would continue those Orders as long as they should be agreeable to Congress.
The Reply, was, that it could not be doubted that so signal a mark of her Majesty's friendly attention to the interest and safety of the Citizens of America, would be very agreeable to Congress, and that the first opportunity should be embraced to make the communication to them.
So much notice will probably be taken of this by Congress, as to return the Compliment, the least is Thanks.]
[Note 2: 2 Report of Secretary for Foreign Affairs, John Jay, January 25, 1787, read February 3, 1787; Papers of the Continental Congress, No. 81, III p. 181--182. It is indorsed "Referred back to Secretary to take order for the transmission of the letter to the Queen when signed by the President in the manner suggested in his report. Order taken. Returned February 10, 1787".]
"Great and Good Friend: We take the earliest opportunity since our annual election of presenting to your Majesty our sincere acknowledgements for the friendly regard you have manifested for us, in having ordered your Squadron in the Streights to protect our Vessels equally with those of Portugal.
Permit us to assure you that we shall retain this mark of generous attention in grateful remembrance, and shall omit no opportunity of testifying our desire to establish and perpetuate between our two Countries an intercourse of Commerce and good Offices, which may prove no less beneficial than agreeable to both.
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We pray God to bless and preserve your Majesty.
Done by the Congress of the United States convened at the City of New York the third day of February in the year of our Lord 1787.
(Sign'd) Arthur St. Clair, President".
The Secretary for Foreign Affairs having with the foregoing draught reported as follows:
"As this communication was made by the Queen's Envoy in London to Mr. Adams, your Secretary thinks this Letter should be transmitted to him, and that the compliment would be more delicate if his Secretary was Commissioned to carry and deliver it. Perhaps too, so striking a proof of respect might among other good consequences promote the conclusion of the Treaty", thereupon
Ordered1 That the Secretary for Foreign Affairs take order for the transmission of the Letter to the Queen of Portugal, when signed by the President in the manner suggested in his report.
[Note 1: 1 This order is entered in the Committee Book, Papers of the Continental Congress, No. 190, p. 133.]
Office for Foreign Affairs
Jany. 31st 1737.2
[Note 2: 2 The report of John Jay, January 31, 1787, is noted as missing, Papers of the Continental Congress, No. 81, III p. 167.]
The Secretary of the United States for the Department of Foreign Affairs, to whom was referred a Letter3 of 23d April last from Mr Dumas, together with the papers that accompanied it, Reports
[Note 3: 3 No. 6, letter book copy, The Hague, Algemeen Ryksarchief, Stukken afkomstig van C. W. F. Dumas, Inventaris I; Library of Congress facsimilies, nos. 805--806.]
"That there is but one circumstance mentioned in the said Letter and papers, on which it appears to him necessary to report, viz
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That his most Christian Majesty had conferred upon Mr Dumas a pension of 1,500 Livres a year for life, and of half of that Sum after his death on his Daughter. To accept of which he requests the permission of Congress.
As Mr. Dumas has in fact no Commission from the United States your Secretary doubts the propriety of giving such express permission; because to permit implies a right to forbid. He nevertheless thinks it would be proper to authorise him to inform Mr. Dumas that this mark of his Majesty's generous attention to him gives pleasure to Congress, and that they have not the least wish that he should decline to accept and enjoy it."
Ordered1 That the above report be referred to the Secretary for Foreign Affairs to take order, in writing to Mr Dumas as suggested.
[Note 1: 1 This order is noted in the Committee Book, Papers of the Continental Congress, No. 190, p. 133.]
Office for Foreign Affairs
10 Januy. 1787.2
[Note 2: 2 Report of John Jay, read February 3, 1787; Papers of the Continental Congress, No. 81, III p. 173--177. It is indorsed "Referred back to the Secy. for Foreign Affairs to take order on the last paragraph. Order taken. Returned February 10, 1787".]
The Secretary of the United States for the Department of Foreign Affairs, to whom was referred three Letters from Sir Edward Newenham of the Kingdom of Ireland, one to his Excellency the President3 dated 12th. August last; another to his Excellency the President and Members of Congress of the same date, and ye third to your Secretary which is also of the same date. Reports
[Note 3: 3 The letters of Newenham to the President of Congress and to the President and members of Congress are in Papers of the Continental Congress, No. 78, XVII; pp. 183 and 187--188, with other copies on pages 191--200. One copy of the letter to the President is indorsed as acted on February 3, 1787 and the other as read Oct. 19, 1786. See Journals, vol. XXXI, p, 891.]
"That the object of these Letters is to obtain for his Son Robert OCallaghan Newenham the appointment of
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Consul of the United States at Marseilles in France where he is settled and established in the mercantile line. Sir Edward represents his Son as well qualified for that place, and supports his application by referring to his own steady attachment to the American Cause.
Your Secretary reports, as a fact generally known and particularly confirmed by the testimony of Docr. Franklin and others, that Sir Edward was always a firm friend to the American Cause and rendered many substantial services to our Countrymen that happened to be prisoners in Ireland. That therefore he merits the attention of the United States and should on every proper occasion receive marks of it.
That on the 16th. day of March 1784, Congress was pleased to resolve1 "that it is inconsistent with the interest of the United States to appoint any person not a Citizen thereof, to the Office of Minister, Chargé des Affaires, Consul, Vice-Consul or to any other civil Department in a foreign country" &c:
[Note 1: 1 Journals, vol. XXVI, p. 144.]
This Act renders a compliance with Sr. Edward's request impossible unless Congress should think proper to repeal it partially or altogether.
There are few human laws or institutions from which some inconveniencies will not result. The Act in question appears to your Secretary to be a wise one, and consequently that it should remain as it is.
From Sir Edward's Letters it seems that the honor of this appointment weighs more with him than the emoluments expected from it, and he probably would be equally pleased with any other honorable mark of the Notice of Congress.
It is well known that other british Subjects of rank and distinction have been very friendly to the American
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Cause besides Sr. Edward, and therefore the propriety and policy of honoring him and neglecting the rest merits consideration.
Your Secretary thinks that States as well as Individuals should remember those who took their part in adversity, and that the first use to be made of subsequent prosperity should be to reward them by proper manifestations of gratitude. Such Conduct never fails to secure old friends as well as to invite new ones; besides it is right in itself, and therefore unquestionably politic.
Our Constitution has provided Government with very few of those Feathers which in other Countries cost Sovereigns so little and yet afford them ample means of rewarding the many who are ambitious of embellishing their merits by such Toys and Trifles.
Honorary and commendatory resolutions, a few Offices, very little money, and much land, are the only funds from which Congress can draw rewards for their Friends and faithful Servants.
The first unless used with caution and reserve will depreciate and cease to be valuable. The second should in the opinion of your Secretary be as much as possible confined to their own Citizens. The third is at present out of question;but on considering the state of the latter your Secretary is inclined to think that some plan like the following might be useful.
Certain Individuals french, british and dutch were in the course of the War eminently useful to America. Their names and merits are known.
Let a District of country proper in future to become a State, easy of access and convenient now to settle, be marked out and subdivided into counties of thirty miles square. Give to these Counties, or to as many
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as occasion may require, the names of our most eminent and distinguished foreign friends whether french, british or dutch. Subdivide the counties into townships of six miles square. Give to these townships the names of others, and giveAcres to each of them in fee.
Let the Commissioners of the Land Office be also directed to give five hundred acres to such other of our foreign Friends as though less distinguished may nevertheless be found to have well deserved the notice of Congress. Declare that these Lands shall not be transferable unless to American Citizens, and that at the expiration of twenty years, unless one family be then found settled on each Grant, it shall revert to Congress.
Such an Act might be introduced by a preamble no less honorable to the gratitude of the United States than pleasing to the objects of it and to others.
As to the request of Sr. Edward your Secretary thinks it would be well that he should be directed to write him a Letter, informing him that Congress are well informed of his character and attachment to the liberties of America, and that it would give them pleasure to manifest the esteem they entertain for him by complying with his request were they not restrained by a Law confining their appointment of Consuls to Citizens".
Ordered1 That the last paragraph of the above report be referred to the Secretary for Foreign Affairs to take order.
[Note 1: 1 This order was noted in the Committee Book, Papers of the Continental Congress, No. 190, p. 132, where the last paragraph of the report is copied verbatim.]
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[Report of Board of Treasury on memorial of George Fisher1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 465--467, read February 3, 1787. Copies of accounts and other supporting documents, pp. 469--497. The covering letter of Board of Treasury to President of Congress, also read, is in Papers of the Continental Congress, No. 140, I, p. 303. According to Reports of Committees, Papers of the Continental Congress, No. 189, p. 22, this report was filed.]
The Board of Treasury to whom was Referred the Memorial of George Fisher.
Beg leave to Report,
That the said George Fisher was employed to bake Bread by Contract in the Commissary Generals Department of the late Army, from November 1776 to August 1777.
That at the close of the period last mentioned, a Balance became due to him from the United States of Four thousand three hundred Dollars, for which he received Loan Office Certificates dated in May 1781.
That on the 5th. of January 1781, on a special Application from the Memorialist, Congress directed a Revision of the said George Fishers Accounts; and it was at that time recommended by the Board of Treasury, that the Continental Scale of Depretiation should be adopted in the revision of the [account].
That this Revision did not take place till the Year [1784] when the present Commissioner for Settling Accounts in the Commissary Department completed the same, in pursuance of the Resolve of Congress last mentioned.
That the Memorialist states, that in consequence of this Settlement by the said Commissioner, he lost near two thirds of the Sum he conceived himself justly entitled to.
On the above Memorial, the Board beg leave to observe, That as it is customary to allow Interest to the Creditors of the United States, from the time their respective Balances became due, the Memorialist is, in their opinion, entitled to Interest on the Loan Office Certificates by him received from August 1777; although the said Certificates bear date in May 1781.
They therefore Submit to the consideration of Congress, the following Resolve.
That the Commissioner of the Loan Office in the State of New York be authorised, and directed to Cancell sundry Loan Office Certificates issued to George Fisher, from the Office of the State of Pennsylvania,
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bearing date in May 1781, and amounting to the Sum of Four thousand three hundred Dollars Specie value; And that he issue in lieu thereof, Loan Office Certificates of like [val]ue, bearing date on the 1st. day of September 1777; being the period at which a Balance became due to the said George Fisher to the amount abovementioned.
On those parts of Mr. Fishers Memorial complaining of the Revision of his Account by the Commissioner for Settling Accounts in the Commissary Generals Department, and implying certain Charges against Persons employed in the late Commissary Generals Department; the Board beg leave to refer Congress to a Report from the Commissioner who Revised the said Accounts, and to a Letter from the Memorialist of the 16th. of October last; Copies of which we have the honor to enclose.
All which is humbly Submitted
Samuel Osgood
Walter Livingston
Arthur Lee
Novemr. 17h. 1786.
[Letter of Secretary at War regarding Indian Affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 151, p. 231. Read February 3, 1787 and Wednesday, February 7 assigned for its consideration. The draft of the instructions is on pp. 223--228. Printed copies are in Papers of the Continental Congress, Broadsides. See February 13 and 20, 1787.]
War Office,
November 10th. 1786.
Sir: Agreably to the orders of Congress, I beg leave to submit a draft of general instructions for the superintendants of indian affairs.
The trust being highly confidential as well as important depending more on the abilities of the superintendants than the minuteness of their instructions, I have considered that particular details of duty might perplex and retard instead of advancing the public business.
The reports of the superintendants will always be communicated to Congress, from which observations and particular instructions will necessarily arise.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress.
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[Letters of Secretary at War regarding Shay's rebellion]
War Office, January 29, 1787.1
[Note 1: 1 Papers of the Continental Congress, No. 150, II, p. 189, read February 3, 1787. The six enclosures are on pp. 173--187 and 201--202.]
Sir: As the operations now carrying on against the insurgents in Massachusetts, are interesting; and as the Arsenal and Stores of the United States, appear to be committed on the issue, I conceive it to be my duty, to submit to Congress for their information, the enclosed copies of letters which I have received.
It is to be observed that notwithstanding the high probability that an action took place at Springfield on thursday afternoon yet as no subsequent intelligence has arrived to the letters received yesterday, some events not known, may have prevented it.
If any further important intelligence should arrive, I shall immediately communicate it to you for the information of Congress.
I have the honor to be, etc.,
H Knox
Charles Thomson Esqr.
War Office, Feby. 1st. 1787.2
[Note 2: 2 Papers of the Continental Congress, No. 150, II, p. 203, read February 3, 1787. The two enclosures are on pp. 193--195 and 197--198.]
Sir: Colo. Wadsworth of Hartford, who is in this city, has favored me with the enclosed copies of two letters which he received by the last night's mail, respecting the operations against the insurgents in Massachusetts; which is all the material intelligence I have received since my communications of the 29th ultimo.
I am, etc.,
H Knox
Charles Thomson Esqr.
Secretary of Congress
[Letter of Secretary for Foreign Affairs respecting Mr. Dumas3]
[Note 3: 3 Papers of the Continental Congress, No. 80, III, p. 181, read February 3, 1787.]
New York 31st. January 1787.
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter4 to me from Mr. Dumas of the 25th. October last with
[Note 4: 4 According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 133, the last paragraph of this letter respecting arrearages due, was referred to the Board of Treasury.]
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the Papers referred to in it, together with Translations of them, and am with great Respect, etc.,
John Jay.
His Excellency
The President of Congress.
[Letter of Secretary for Foreign Affairs with commission of P. Bond1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 149, read February 3, 1787. See February 5 and May 3, 1787.]
New York 8th. December 1786.
Sir: I have the Honor of transmitting to your Excellency herewith enclosed two Commissions from his britannic Majesty to Phineas Bond Esqr. both dated the 5th. April last, the one constituting him Consul to New York, New Jersey, Pensylvania, Delaware and Maryland, and the other appointing him Commissary within the Dominions of the United States.
I have the Honor to be, etc.,
John Jay
His Excellency
The President of Congress.
[Letter of Secretary for Foreign Affairs respecting E. Newenham2]
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 157, read February 3, 1787.]
Office for Foreign Affairs
10th. January 1787.
Sir: After the Papers mentioned in the enclosed Report* had been referred to me, I received from his Excellency Doctor Franklin the Letters3 which I have the Honor herewith to transmit, and which relate to the same Subject.
[Note 3: 3 Papers of the Continental Congress, No. 82, III, p. 253, with three letters of Newenham on pp. 255--256, 257--258 and 261--262.]
With great Respect I have the Honor to be, etc.,
*Mr Jay's Report of 10th. Jany. 1787.4
[Note 4: 4 See Secret Journal above.]
John Jay.5
[Note 5: 5 February 3, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, pp. 133--134, the following documents were read and referred:
Letter of Lewis Littlepage, Warsaw, to President of Congress, June 3, 1786, requesting copies of original letters. Papers of the Continental Congress, No. 78, XIV, p. 717. Referred to the Secretary of Congress to take order in delivering copies herein mentioned to any person applying in behalf of Mr. Littlepage.
Attested copy of resolve of the General Court of Massachusetts to apply to Congress to enforce obedience from the regimental agents to Requisitions. Papers of the Continental Congress, No. 74, pp. 378--379. Referred to the Board of Treasury to report. Report rendered February 26, 1787.
Petition of James Canniff, October 29, 1786. Papers of the Continental Congress, No. 42, II, p. 222. Referred to the Board of Treasury to report. Report rendered February 12, 1787.
According to indorsement the following letters were read:
Letter of B. Franklin to Charles Thomson, Philadelphia, January 25, 1787, respecting the three millions given by the King of France to the United States. Papers of the Continental Congress, No. 82, III, pp. 273--274, with enclosures on pp. 293--311. See February 5 and July 24, 1787.
Letter of Thomas Hutchins to the President of Congress, December 2, 1786, reporting progress of surveys of Western Territory. Papers of the Continental Congress, No. 60, pp. 281--282. Two enclosures regarding Indian affairs are on pp. 285--287, 289--290.
Letter of Governor of Virginia, Edmund Randolph, to the President of Congress, December 1, 1786, enclosing act for appointing delegates to attend the Convention at Philadelphia in May 1787. Papers of the Continental Congress, No. 71, II, p. 461. A broadside of the Act is on p. 465.
Letter of Governor of New Hampshire, John Sullivan, to the Secretary of Congress, November 25, 1786, acknowledging receipt of communications. Papers of the Continental Congress, No: 64, p. 312--313.
Letter of President of Delaware, Thomas Collins, to Charles Thomson, November 27, 1786, acknowledging receipt of despatches. Papers of the Continental Congress, No. 70, p. 789.
Letter of Governor of Connecticut, Samuel Huntington, to Charles Thomson, November 16, 1786, transmitting an act fixing the time for the commencement of the powers to regulate trade. Papers of the Continental Congress, No. 66, II, p. 340. The attested copy of the Act of the second Thursday of October 1786, which was enclosed, is in Papers of the Continental Congress, No. 75, p. 107.
Letter of Samuel Huntington to Charles Thomson, December 23, 1786, acknowledging receipt of letters. Papers of the Continental Congress, No. 66, II, p. 344.
Letter of Edward Fox to Charles Thomson, January 26, 1787, regarding his work as commissioner for settling the accounts of Virginia. Papers of the Continental Congress. No. 78, IX, pp. 563--567. See February 12, 1787.
Petition of Louis Lotbiniere, chaplain and priest of Canada, praying for reimbursement of losses suffered in Canada in 1776. Papers of the Continental Congress No. 42, IV, pp. 418--419. A letter from Lotbiniere to [President of Congress], January 2, 1786, [1787], is on pp. 422--425.]
His Excellency
The President of Congress.
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