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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, MARCH 29, 1787.
Congress assembled present as yesterday.
[Motion on ordinance for settling accounts2]
[Note 2: 2 Papers of the Continental Congress, No. 36, III, p. 351, in the writing of Mr. Rufus King. Referred to the Board of Treasury to report. Report rendered April 18, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 137, the committee of February 15 on this subject was discharged. See May 4 and 7, 1787.]
Resolved that the ordinance3 of the 13th. of Oct last be repealed, and that the Board of Treasury report an Ordinance for the expeditious and equitable settlement of the accounts between the U S and the individual States.
[Note 3: 3 Journals, vol. XXXI, pp. 779--781.]
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[Report of Secretary for Foreign Affairs on commissions of P. Bond1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 201--207, read March 29, 1787. Passed May 3. See Feburary 3 and 5, 1787.]
Office for Foreign Affairs
28th. March 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred his Letter of 8th. December last to his Excelly. the President with two Commissions from his britannic Majesty dated the 5th. Day of April last, the one constituting Phineas Bond Esqr. his Consul for New York, New Jersey, Pensylvania, Delaware and Maryland, the other constituting him his Majesty's Commissary for commercial Affairs throughout the United States
Reports
That as his britannic Majesty has no Treaty of Commerce with the United States, the Admission of his Consuls and Commissaries by them, is Matter of Favor and not of Right, and therefore that the Propriety of granting it must turn on Considerations of Expediency.
Your Secretary perceives one Objection which operates against the Admission both of the Consul and Commissary in Question, Vizt. That it will add to the Number of official Foreigners in this County, who considering the present State of our Commerce serve too much to watch and to circumscribe it.
How far Britain may have a Right to expect this Mark of Respect and Civility from the United States, is a Question; respecting which Prejudices rather too strong, and Opinions not sufficient examined, seem to be entertained by many of our Citizens. Your Secretary has (he thinks with Candor and Impartiality) investigated the causes of the Complaints subsisting between the two Countries, and he would not be candid were he not to confess that in his Opinion Britain has more Reason to complain of the United States than the United States of Britain since the Peace. He is happy in the Reflection that he serves a Government to whom he can reveal this Opinion without Offence, and only regrets that Facts oblige him to entertain it.
When he considers that it is in the Interest of this Country to be on good Terms with Britain, and how little Advantage can result from cherishing the Irritation which subsists between them, he thinks it would be wise to avoid Asperities, and by some Acts of good Humor on our part cultivate the like Disposition on theirs.
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He finds that all our commercial Treaties provide for the Reception both of Consuls and Commissaries &ca. by express Articles. The french one adds these Words "whose Functions shall 29 Art: be regulated by a particular Agreement". The Dutch one adds these Words "whose Functions shall be 21 Art: regulated by particular Agreements, when either Party chooses 26 Art: "to make such Appointments". The Swedish one adds these Words "whose Functions shall be regulated by a 25. Art: particular Convention". The Prussian one adds these Words "whose Functions shall be regulated by particular Agreement whenever either Party shall choose to make such Appointment."
Your Secretary conceives that according to the true Sense and Construction of all these Treaties and Articles, the United States are not bound to receive any Consuls or Commissaries until after their Powers shall have been ascertained by Agreement.
Although the United States have already received Consuls without such previous Agreement and thereby set a Precedent for receiving more, yet they have not received a single Commissary, and therefore may with Propriety refuse to receive any without such previous and preparatory Convention. And in the Opinion of your Secretary it will be best not to receive any Commissaries from any Nation on other Terms.
If those Ideas should be approved then he thinks it would be well to Resolve as follows
Whereas Phineas Bond Esqr. has presented to the United States in Congress assembled a Commission in due Form bearing Date the 5th. April 1786 from his britannic Majesty constituting and appointing him the Consul of his said Majesty in the States of New York, New Jersey, Pensylvania, Delaware and Maryland, and although no commercial Treaty or Convention subsists between his Majesty and the United States, whereby either have a perfect Right to establish Consuls or Commissaries in the Dominions of the other, Yet as the United States are disposed by every proper Mark of Liberality and Attention to promote a good Correspondence between the two Countries, and particularly as amicable Negociations are now depending between them, Therefore
Resolved that the said Phineas Bond Esq. be and he hereby is received and recognized as the Consul of his britannic Majesty throughout
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the States of New York, New Jersey, Pensylvania, Delaware and Maryland, and that his Commission be registered in the Secretary's Office.
Resolved that all the Privileges, Pre-eminences and Authority which the Laws of Nations and of the Land give to a Consul received by the United States from any Nation with whom they have no commercial Treaty or Convention, are due to and shall be enjoyed by the said Phineas Bond as Consul for the five States abovementioned, and that certified Copies of these Resolutions be transmitted to the Executives of the said five States for their Information.
With Respect to Mr. Bonds other Commission constituting him a Commissary for commercial Affairs, your Secretary observes that Commissions of this kind are not usual. That the precise Limits of the Authority conferred by it are not easy to ascertain, that the Power it gives him in these Words, Vizt. "to protect our Merchants and others our Subjects trading to or residing in the said States, or that may have Pretensions depending therein" is a Power that seems to place him in the Capacity of a Minister in those Respects, and in the Exercise of which it is not improbable that he will make official Applications to Congress. Your Secretary suspects that this Appointment was made to supply in some Sort the place of a Minister; and in his Opinion it will be most prudent not to let it take Effect.
He thinks it would be advisable for your Secretary to write the following Letter to Mr. Adams on the Subject.
"Sir, In Obedience to the Orders of Congress I have the Honor of informing you, that Phineas Bond Esqr. has presented to Congress a Commission from his britannic Majesty, constituting him Commissary for all commercial Affairs within the United States, and another Commission constituting him Consul for the States of New York, New Jersey, Pensylvania, Delaware and Maryland.
Congress being desirous on this and every other Occasion to manifest their Disposition, to cultivate a friendly Correspondence with Great Britain, have received Mr Bond in his latter Capacity, although no Treaty or Convention subsists between the two Countries, whereby either have a Right to establish Consuls in the Dominions of the other.
As yet Congress have not received any Commissaries for commercial Affairs, and they think it most prudent not to receive them from any Nation, until their Powers shall have been previously ascertained
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by Agreement; lest as those Appointments are seldom made, and both Parties may not have precisely the same Ideas of the Extent of the Powers and Privileges annexed to them, disagreeable Questions and Discussions might and probably would otherwise take place on those delicate Subjects.
You will be pleased to submit these Reasons to his Majesty, and to assure him that Congress regret the Objections which oppose their complying with his Wishes in this Instance, but that they are ready to join with his Majesty in such Agreements or Conventions as may be necessary to remove them, and which may also tend to promote and establish a friendly and satisfactory commercial Intercourse between the two Countries.
All which is submitted to the Wisdom of Congress,
John Jay
[Report of Secretary for Foreign Affairs on letter of U. Forrest1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 209--211, read March 29, 1787. See March 12, 1787.]
Office for Foreign Affairs
29th. March 1787
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of the 10th. March 1787 from the Honorable Uriah Forrest Esqr. to his Excellency the President of Congress
Reports
That this Letter is in these Words Vizt.
"Sir: I intend to embark for Europe in a few Weeks. Our House in London which until lately was under my own immediate Management, is now in the Direction of one of my Partners, who went for the Purpose; yet I shall find it convenient during my Absence abroad (which will be for a considerable Time) to reside chiefly in England. Whilst in that Country I have in a variety of Instances seen and indeed sometimes felt the Necessity of a commercial Agent or Consul. If I should so far possess the Confidence of Congress as to obtain the Appointment of Consul General to that Kingdom I should feel much gratified.
I have the Honor to be &ca.
(signed) Uriah Forrest
New York 10 March 1787.
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On the 13th. October 1785 your Secretary made a Report1 on the Subject of Consuls, in which was this Paragraph Vizt.
[Note 1: 1 Journals, vol. XXIX, p. 832.]
"That it would be expedient to vest the Minister of the United States at the Court of London with the Powers of a Consul General for Britain and her adjacent Islands, but as the Government of that Country is administered according to fixed Laws, which as well as their Language and Customs are well known to the People of America, your Secretary thinks there can be but little Use for Consuls in any of their Ports, at least before we have a Treaty of Commerce with them. But lest he should be mistaken in this Opinion, and that Consuls would now be useful, he is inclined to think it would be sufficient to place them at London and Bristol in England, and at Dublin and Cork in Ireland, as to Scotland he cannot judge whether any should be sent there, or if any, to what Ports in preference to others, the far greater part of the american Trade to Scotland being carried on in british Vessels.
In another Report2 on the same Subject made 19th. September 1785 was this Paragraph Vizt.
[Note 2: 2 Journals, vol. XXIX, pp. 722--724.]
"As Appeals should lay from Consuls to the Consul General, the latter should be independent and unconcerned in Trade, and consequently receive an adequate Salary; and although it would be better that Consuls should be maintained and restrained in like Manner, yet as the Expence would be enormous, it will be necessary to permit them to trade and receive no Salaries.
On attentively considering these two Paragraphs he finds that he cannot report any Thing in the present Case but what they already comprize, except that he has never had Reason to entertain the least Doubt of the Merit of the Gentleman in Question.
All which is submitted to the Wisdom of Congress.
John Jay3
[Note 3: 3 March 29, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 142, the following committee was appointed:
Mr. William Irvine, Mr. James Madison and Mr. Abraham Clark on a memorial of the Inhabitants of Cahokia, (Illinois papers) July 15, 1786, regarding lands taken by Gibault, Clark and Penticoste. Original French signed by J. B. La Croix and seven others with English translation. Papers of the Continental Congress, No. 48, pp. 37--40, 41--45. Queries by the committee and answers by Gabriel Ceré are on pp. 49--52, copy of part of a letter of Colonel Penticoste to La Croix on p. 55--57 and a copy of the power of attorney given by the Seminary of Quebec to Pierre Gibault (French with English translation) on pp. 29--35. The indorsement is on this last document and not on the memorial. On April 18 Mr. Nathan Dane replaced Mr. Irvine on the committee, which reported May 7. Also the papers from the Governor of Virginia were referred to this committee but it was discharged of them on March 30, 1787.
According to indorsement the following were read:
Letter of Eben Hazard to the President of Congress, March 29, 1787, transmitting an extract of a letter from Newport, informing of a change in the Rhode Island charter, a refusal of the State to send delegates to the convention to be held at Philadelphia, and difficulties regarding State mail. Papers of the Continental Congress, No. 61, pp. 303 and 307.
Petition of Elizabeth Gaudin, March 7, 1787, for prize money and wages of her husband. Papers of the Continental Congress, No. 42, III, pp. 301--303. See March 30, 1787.
Memorial of the clerks in the offices of the Civil list, March 28, 1787, regarding the reduction of salaries. Papers of the Continental Congress, No. 41, II, p. 358--359. See March 30, 1787.
According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 7 was received (read):
Memorial of Isaac Milcher and Samuel Judah, respecting lands in the Western territory. Papers of the Continental Congress, No. 41, VI, pp. 481--482.]
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