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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, FEBRUARY 26, 1787.
Congress assembled present Massachusetts New York New Jersey, Pensylvania Virginia, North Carolina and Georgia and from Rhode island Mr [James Mitchel] Varnum from Connecticut Mr S[tephen] M[ix] Mitchell from Delaware Mr N[athaniel] Mitchell.
[Report of Board of Treasury regarding regimental agents1]
[Note 1: 1 Papers of the Continental Congress, No. 139, p. 453, read February 26, 1787. See February 3. The covering letter of the Board is in Papers of the Continental Congress, No. 140, I, p. 315.]
The Board of Treasury to whom was referred a Resolve of the General Court of the State of Massachusetts, directing an Application to be made to the United States in Congress to enforce obedience from the Regimental Agents to the Acts2 of Congress of the 3d. of November 1783,
[Note 2: 2 Journals, vol. XXV, p. 801.]
Beg leave to Report the following Resolve.
Resolved, That the Executive Authorities of the respective States be requested to cause process to be issued forthwith at the expence of the United States, against such of the Regimental Agents, appointed to their respective Lines in the late Army, as shall neglect on proper Application to deposit the Certificates by them received of the Commissioner of Army Accounts, agreeably to the Resolves of Congress of the 3d. of November 1783.
All which is Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
February 20th. 1787.
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[Resolution of the State of Virginia for a convention to regulate import duties1]
[Note 1: 1 Papers of the Continental Congress, No. 71, II, pp. 475--476, read February 26, 1787. Referred to a committee on March 1. See March 13 and May 8, 1787.]
Virginia. In the House of Delegates
Wednesday the 8th of November 1786
Whereas, on the 13th. of January 1786, a Resolution was entered into by the General Assembly of this State in conformity to a Resolution entered into by the State of Maryland in the same year, and transmitted to this State for its concurrence in the following words:
"Resolved, That it is essential to the Commerce and Revenue of the state of Maryland, and this state, that Duties on Imports or Exports (if laid) should be the same in both States, and that it is proper for the Legislatures of the said States at their annual meeting in the Autumn to appoint Commissioners to meet and communicate the regulations of Commerce, and Duties proposed by each State, and to confer o.n such subjects as may concern the Commercial Interests of both States, and within the power of the respective States, and that the number of Commissioners in both States should be equal, not less than three, nor more than five from each State, and they should annually meet in the third week of September, if required by the Legislature of either State, or the Commissioners thereof, at such place as they should appoint."
Resolved thereof, that five Commissioners be appointed by joint ballot of both Houses, who or any three of whom shall be authorized to meet Commissioners from the State of Maryland at the time and for the purposes above mentioned and at such place as may be agreed on.
And Whereas no meeting can take place under the foregoing Resolutions, passed by the two States prior to the third week in September next, and it is much to be desired that the object thereof may be provided for in the mean time.
Resolved, That the Commissioners so to be appointed shall without delay endeavour to effect a meeting with Commissioners from Maryland, and to concert and report the proper Regulations to the two Legislatures, during their existing Sessions.
And Whereas additional advantage would accrue from the Concurrence of the State of Pennsylvania, in the proposed conferences and Regulations,
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Resolved, that a Copy of these Resolutions be immediately transmitted by the Executive to the Executive of that State, as well as the State of Maryland, and that the Commissioners from this State when appointed communicate to the State of Pennsylvania the time and place of the proposed meeting, as an invitation to the Legislature of the Said State to concur therein.
Provided that the foregoing Resolutions shall be forthwith transmitted to the Delegates from this State in Congress, to be by them laid before Congress for the purpose of obtaining the concurrence of that Honorable Body thereto.
1786 Novr. 22d
Agreed to by the Senate
H. Brooke CS.
Teste
John Beckley Clk H.D
[Letter of Secretary at War on Indian Affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 150, II p. 255, read February 26, 1787. The copy of the letter of General Richard Butler is on pp. 257--258.]
War Office, February 23rd 1787.
Sir: I have the honor to transmit to your Excellency, a copy of a letter just received from the Superintendant of indian affairs for the northern department, dated at Fort Pitt the 31st ultimo.
As soon as Congress shall have decided on the general instructions for the Superintendants, they shall be immediately forwarded to him, as he conceives them essential to a right discharge of the duties of his department.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress.
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[Letter of Secretary for Foreign Affairs on letter of J. M. Pintard.1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 205, read February 26, 1787.]
New York 22d. February 1787
Sir: I have the Honor of transmitting to your Excellency herewith enclosed, a Letter2 of the 20th Instant which I have received from John Marsden Pintard Esqr, and am with great Respect and Esteem, etc.
[Note 2: 2 Papers of the Continental Congress, No. 78, XVIII, pp. 623--624, read February 26, 1787. It requested appointment as consul at Lisbon. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 137, the letter was referred go the Secretary for Foreign Affairs to report. Report rendered March 8, and acted on March 13, 1787.]
John Jay
His Excellency
The President of Congress.
[Letter of Postmaster General regarding mail service3]
[Note 3: 3 Papers of the Continental Congress, No. 61, pp. 291--292, read February 26, 1787.]
General Post Office,
New York February 22d. 1787.
Sir: Pursuant to the Orders of Congress of 26th October last, I have detained in my hands so much money as one Quarter's Pay for the Transportation of the Mail from this City to Philadelphia amounts to, and have endeavoured to find out the Causes of the many Disappointments which have taken Place in the Conveyance of the Mad upon that Route. For this Purpose I applied to Col. Ogden (the Contractor) who supposed they might be sufficiently accounted for from the Incivility of a Mr Jacamiah Smith, who keeps the Perry at Powles Hook; and, as is alledged, frequently refused sending the Mati across, upon its Arrival, which prevented its being brought to the Office in Season. He referred me for Particulars to a Mr Joseph Lyon, who usually took the Mati from this City, and went with it, sometimes as far as Elizabeth Town, sometimes to Hackinsack Perry, and sometimes no farther than to Powles Hook. Mr Lyon called upon me, and confirmed Col. Ogden's Account of Mr Smith's Incivility; and added, that they sometimes met with similar Treatment at Hackinsack Perry; and, that he believed that when the Mati had arrived too late, it had been generally owing to Detentions occasioned by the Badness of the Roads and Ferries. This is the only Person
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who been with me on Behalf of Col. Ogden; and he can speak with Certainty respecting no other Part of the Road than that between this City and Elizabeth Town. From Information received otherwise it appears, that although Col. Ogden contracted for the whole Distance from New York to Philadelphia, yet his Stages travelled but a small Part of it; and the Owners of the others, having no Interest in the Mail, would come under no particular Obligations about it; and their Drivers could not be put under Oath as the Contract required. He afterwards sold his Interest in the Stages, before the Expiration of the Contract, reserving to himself the Emoluments arising from the Carriage of the Mail. It was from these Sources, I apprehend, that the Disappointments which took place in the Conveyance of the Mati arose; to which may be added, that as there was no Person with the Marl whose express Business it was to take Care of it, it was, of Course, but a secondary Object of Attention. For a small Distance on this End of the Road, indeed, Mr Lyon had the Care of it; but, as he informs me, he was not under Oath; and there have been Instances of the Mail's being brought from Powles Hook to this City, without being expressly in the Charge of any Person.
I now beg Leave to inform your Excellency, that Col. Ogden is in Town, expecting Payment of what is due to him; and I wait only the Orders of Congress for compleating the Settlement with him.
I have the honor to be, etc.,
Eben Hazard
[Letter of Postmaster General on establishing Posts with Canada1]
[Note 1: 1 Papers of the Continental Congress, No. 61, p. 295, read February 26, 1787. The letter of Finlay is on p. 299.]
General Post Office February 26th 1787
Sir: A Letter lately received from Hugh Finlay, Esquire, Deputy Postmaster General for the Province of Quebec, has at length enabled me to report upon the Proposal for establishing regular Posts between the American and Canadian Offices. A Correspondence upon this Subject took Place between Mr. Finlay and myself, and the Business was so far matured that a Plan for conducting it upon equitable, and mutually beneficial Principles was proposed; and from the Ardor Mr Finlay had discovered upon the Occasion, I flattered myself the
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Establishment would have been made; however, he thought it prudent to wait the Arrival of Lord Dorchester, as he might have Instructions upon the Subject. Since that Event has taken Place Mr Finlay thinks it unnecessary to enter on any new Mode of forwarding the Canadian Mails to New York, and thus an End is put to the Business. I have the Honor to enclose your Excellency a Copy of Mr. Finlay's Letter, and am, very respectfully,
Your Excellency's most obedient, etc.,
Eben Hazard1
[Note 1: 1 February 26, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, pp. 137--138, the following committees were appointed:
Mr. William Bingham, Mr. William Few and Mr. James Madison on a letter of the Secretary for Foreign Affairs, February 24, 1787, respecting Sir E. Newingham's application.
Mr. Egbert Benson, Mr. William Grayson and Mr. Rufus King on a petition of Samuel Franklin for sea letters. The petition, read February 26, is in the Papers of the Continental Congress, No. 41, III, p. 354. See March 1, 1787.
Also, according to the Committee Book, the following matters were referred: Memorial of Cornelius Jones and his former memorial, regarding the payment of interest. Received February 26, 1787 and referred to Board of Treasury to report.
Resolution of the Virginia Legislature, October session, 1786, respecting James Hendricks. Papers of the Continental Congress, No. 71, II, p. 457. Referred to the Board of Treasury to report. Reported March 8 1787.
Memorial of Captain Thomas Machin respecting lost funds. Received February 26, 1787 and referred to the Board of Treasury to report. Report rendered March 26, 1787.
According to indorsement the following were read:
Letter of Samuel Huntington to President of Congress, February 15, 1787, respecting non compliance with the requsition of 1786. Papers of the Continental Congress, No. 66, II, pp. 348 and 350. The enclosed Act of the Connecticut Legislature is on p. 352.
Letter of Samuel Huntington to Charles Thomson, February 17, 1787, acknowledging receipt of letters. Papers of the Continental Congress, No. 66, II, p. 354.
Letter of Thomas Hutchins to President of Congress, February 22, 1787, announcing his arrival in New York with plan of country surveyed. Papers of the Continental Congress, No. 60, p. 293.
Petition of John Edgar, September 25, 1786, for lands at Kaskaskias. Papers of the Continental Congress, No. 42, II, pp. 430--431.]
His Excellency
The President of Congress.
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