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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, JULY 23, 1787.
Congress assembled present Massachusetts New York Pensylvania Delaware Virginia North Carolina South Carolina and Georgia.
On motion1 of Mr [Nathan] Dane seconded by Mr [Samuel] Holten
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 367, in the writing of Mr. Nathan Dane.]
Resolved That all persons having unliquidated Claims against the United States pertaining to the late Commissary's Quartermaster's, hospital Cloathier's or marine department shall exhibit particular abstracts of such claims to the proper commissioner appointed to settle the accounts of those departments within eight Months from the date hereof; And all persons having other unliquidated claims against the United States shall exhibit a particular abstract thereof to the Comptroller of the treasury of the United States within one year from the date hereof; And all accounts not exhibited as aforesaid shall be precluded from settlement or allowance. On a report of the Secretary for foreign affairs
Resolved That Congress are well pleased with the Conduct of Thomas Barclay esq.r in the course of the Negociations on the part of the United States with his imperial Majesty of Morocco, as detailed and represented in his and other letters and papers transmitted to them.2
[Note 2: 2 This resolve is also entered in the Secret Journals. See below.]
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1On a report2 of the Secretary for foreign Affairs, Congress agreed to the following Letter to the Emperor of Morocco
[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. 383--390. They are also entered by Thomson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1619--1627.]
[Note 2: 2 The report of the Secretary for Foreign Affairs, John Jay, dated and read July 23, 1787, is in Papers of the Continental Congress, No. 81, III, p. 125: 1--10. This report has emendations and markings to bring the reading into conformity with the Journal entry. The change in the introduction and other variant readings of phrases and words, simply to change the report to a Journal reading, have not been noted. The significant variations of the report from the Journal are indicated in the footnotes. See July 18, 1787.]
Great and Magnanimous Friend,
We have received the letter which your imperial Majesty did us the honor to write dated the first of the month of Ramadan 1200.
We have likewise received the treaty concluded on our behalf with your Majesty, and we have expressed our perfect approbation of it, by ratifying and publishing and ordering it to be faithfully observed and fulfilled by all our Citizens.
It gives us great pleasure to be on terms of peace and Amity with so illustrious a sovereign, and we flatter ourselves that the commerce of these distant regions with your Majesty's dominions will gradually become more and more beneficial to both; especially after our Navigation shall cease to be interrupted by the3 hostilities of the Neighbouring States in Africa.
[Note 3: 3 "Unprovoked" struck out.]
Your Majesty's early and friendly attention to these new and rising States, the obliging manner in which you received and treated our Negotiator Thomas Barclay, and the liberal and disinterested terms on which your Majesty entered into Treaty with us, are strong and
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shining proofs of a great mind; proofs which will remain recorded in our Annals, and which will always render your Majesty's Name respected and glorious in these western Countries.
These distinguished marks of your Majesty's good will towards us, inspire us with perfect confidence in your friendship, and induce us to request your favorable interposition to incline Algiers, Tunis and Tripoli, to peace with us on such terms as may consist with our honor and with the circumstances of our new and distant States.
Should your Majesty's mediation be the means of putting the United States at peace with their only remaining enemies, it would be an event so glorious and memorable, that your majesty's reign would thence derive additional lustre, and your name not only become more and more dear to our Citizens, but more and more celebrated in our histories.
We your Majesty's friends pray God to bless you.
Done by the United States in Congress Assembled at the City of New York the twenty third day of July in the year of our Lord One thousand seven hundred and Eighty seven.
The Secretary having further reported that from paper No 5, being a translation of a letter from the Emperor of Morocco to the King of Spain and from Mr. Barclay's letter of 15th of November 1786 as well as from various other documents it appears that his Catholic Majesty has in the most friendly and effectual manner interposed his good Offices in behalf of the United States of America with the Emperor of Morocco, and that to this interposition the success of their Negotiations with his imperial Majesty is in a great degree to be ascribed; Thereupon
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Resolved That Congress entertain a high sense of the friendship which his Catholic Majesty has manifested for the United States of America on various occasions and particularly in the decided, kind and effectual manner in which he facilitated and promoted their Negociations for a treaty of peace and Commerce with his imperial Majesty of Morocco, as well by writing directly to the Emperor in their favour as by affording such Collateral Countenance and aid as circumstances rendered expedient, and his desire of promoting the success of the Negociation prompted.
Resolved Therefore that the thanks of the United States are justly due to his Catholic Majesty, that they be conveyed in a letter from Congress expressing their acknowledgements in the most explicit terms, and assuring his Majesty of theft earnest desire to cultivate his friendship, by such attentions as occasions may put in their power, and as may best evince the high respect, esteem and attachment with which such repeated marks of his friendship have impressed them.
That the letter be in the following terms
Great and Beloved Friend,
Various circumstances having long delayed our receiving and ratifying the treaty concluded in our behalf with the emperor of Morocco, we take the earliest opportunity of manifesting to your Majesty the high and grateful sense we entertain of that kind, decided and effectual interposition of your Majesty with the Emperor in our favor, to which we are so greatly indebted for the successful issue of our Negotiations with him. Permit us therefore to present to your Majesty our sincere and Unanimous thanks for that important mark of your friendship, as well as for the many other friendly
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offices with which your Majesty has on various occasions been pleased to favor us, and to assure you of our earnest desire to embrace every opportunity of evincing the respect, esteem and attachment with which your Majesty's kind attentions to the United States have impressed us.
We pray God to bestow the best blessings on your Majesty, your family and people.
Done by the United States in Congress Assembled at the City of New York the twenty third day of July in the year of our Lord one thousand seven hundred and eighty seven.
The Secretary having further reported that from the paper No. 6, and others it appears that Thomas Barclay Esqr. has in the conduct of the Negociation with the Emperor of Morocco manifested a degree of prudence, address and disinterestedness which in the Opinion of the Secretary merit, the approbation of Congress, Thereupon
Resolved that Congress are well pleased with the conduct of Thomas Barclay Esqr. in the course of the Negociations on the part of the United States with his Imperial Majesty of Morocco, as detailed and represented in his and other letters and papers transmitted to them.
The Secretary having further reported that in his Opinion Copies of the paper No. 6 which contains the Signals agreed upon between the United States and Morocco by which their respective Vessels are to be known to each other at Sea should be sent to the Executives of the different States to the end that Copies may be given to such American masters of Vessels as may thence make
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Voyages in the course of which they may expect to meet with cruisers from Morocco.1
[Note 1: 1 At this point there were struck out from the original report the three following paragraphs,
"Your Secretary further reports that the Paper marked No. 8 contains some interesting Information respecting the present State of Morocco, for which Mr. Barclay deserves Credit; but he thinks it should not at present be published, lest those who may wish to embroil us with the Emperor should make an ill natured Use of it.
"Similar Observations are in the Opinion of your Secretary applicable to the Paper marked No. 9, which contains various Matters of Information.
"The Paper No. 10 contains divers particulars relative to the Negociation, which your Secretary also thinks had better not be published."]
Resolved That Congress agree to this part of the report and that the same, together with the paper No. 6 be referred to the Secretary for foreign Affairs to take order thereon.2
[Note 2: 2 This resolution does not appear in the original report.]
The Secretary having further reported that the paper No. 11 contains Mr. Barclay's Commission to Don Francisco Chiappi at Morocco constituting him the American agent at that place until the will and pleasure of Congress shall be known; and also the Names of other agents to whom he gave Similar Commissions for Mogador and Tangier, and that in his Opinion these Commissions should be confirmed.
Resolved That Congress approve the appointment made in their behalf by Thomas Barclay Esqr. with the approbation of his Imperial Majesty of Morocco of Don Francisco Chiappi to be their agent at Morocco of Don Joseph Chiappi to be their agent at Mogador, and of Don Girelamo Chiappi to be their agent at Tangier, and that they respectively hold the said places during the pleasure of Congress, notwithstanding the resolution of the 16th of March 1784.3
[Note 3: 3 The clause "notwithstanding the resolution of the 16th of March, 1784" was added in debate.]
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The Secretary having further reported that in his Opinion it wilt be expedient to transmit the letter for his imperial Majesty to Mr. Jefferson to be by him forwarded to Don Francisco Chiappi at Morocco with instructions to present it to the Emperor. That he prefers sending it by the way of France because he thinks it may thence be conveyed with the ministers dispatches to their Consul with more care and safety than it could be sent from London, and he thinks it most proper that it should pass through the hands of one of the Ministers under whose direction the Negociation with the emperor had been placed. That in his Opinion it would also be proper to instruct the said Ministers to maintain a regular correspondence with the said agents, in order that they and Congress may be seasonably informed of every event and occurrence at the Court of Morocco that may affect the interest of the United States.
That it appears from the paper No. 10, that Taher Fennish was a friendly and important man in the conducting of the Negociation and that the Emperors consent to a material Article in the treaty was owing to a friendly observation made by the Emperor's preacher. That in his opinion it is not only right in itself, but the most certain way to confirm and encrease friends to acknowledge and reward acts of friendship, and therefore he thinks it might be well for him to write a letter to Taher Fennish letting him know that Congress have been informed of his attentions to their Envoy, and that they are exceedingly pleased with the probity, candor
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and liberality which distinguished his conduct on that Occasion.1 And that a compliment might also be paid in the same letter to the liberality and benevolence of the Emperor's preacher.2
[Note 1: 1 At this point there was struck out from the original report the following sentence,
"It might not perhaps be proper to advert too pointedly to his Friendship for the United States, lest in case Accidents should happen to the Letter it might afford a Handle against him to his Enemies at that Court; for all influential Men have Enemies."]
[Note 2: 2 There was struck out from the report the following concluding sentences,
"Your Secretary regrets that the Finances of the United States will not admit of their making a Present to Mr. Fennish, especially as he well deserves it, and as he resides at a Court where sine Donis friget Amicitia. But although a Present to him might not be a great Object, yet the Precedent would excite Expectations in others, and in that Way open a Door to inconvenient Expences."]
Ordered That this part of the report be referred back to the Secretary for foreign Affairs to take Order. And that the rest of the report be postponed.
Chas Thomson Secy
[Report amended of committee on memorial of S. H. Parsons3]
[Note 3: 3 Entered by Charles Thomson in the Committee Book, Papers of the Continental Congress, No. 190, pp. 154--157. It is also recorded by Charles Thomson on a broadside of the report of July 10, in Papers of the Continental Congress, No. 19, V, p. 32. According to indorsement and the Committee Book, it was referred to the Board of Treasury to take order. There are additional proposals of Parsons dated July 21, 1787 in Papers of the Continental Congress, No. 41, VIII, pp. 234--238. See May 9, and July 10, 1787.]
Report of a Comee consisting of Mr [Edward] Carrington Mr [Rufus] King Mr [Nathan] Dane Mr [James] Madison and Mr [Egbert] Benson amended to read as follows viz.
That the board of treasury be authorised and empowered to contract with any person or persons for a grant of a tract of land which shall be bounded by the Ohio from. the Mouth of Sioto to the intersection of the western boundary of the seventh range of townships now surveying; thence by the said boundary to the northern boundary of the tenth township from the Ohio; thence by a due west line to Sioto; thence by the Sioto to the beginning upon the following terms viz.
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The tract to be surveyed and its contents ascertained by the geographer or some other officer of the United States who shall plainly mark the said east and west line and shall render one complete plat to the board of treasury and another to the purchaser or purchasers.
The purchaser or purchasers within seven years from the completion of this work to lay off the whole tract at their own expence into townships and fractional parts of townships and to divide the same into lots according to the land Ordinance of the 20th. of May 1785, complete returns whereof to be made to the treasury board.
The lot N 16 in each township or fractional part of a township to be given perpetually for the purposes contained in the said Ordinance.
The lot N 29 in each township or fractional part of a township to be given perpetually for the purposes of religion.
The lots No. 8, 11, and 26 in each township or fractional part of a township to be reserved for the future disposition of Congress.
Not more than two complete townships to be given perpetually for the purposes of an university, to be laid off by the purchaser or purchasers as near the centre as may be so that the same shall be of good land to be applied to the intended object by the legislature of the State.
The price to be not less than one dollar per acre for the contents of the said tract excepting the reservations and gifts aforesaid payable in specie loan office certificates reduced to specie value or certificates of liquidated debts of the United States, liable to reduction by an allowance for bad land and all incidental charges and circumstances whatever provided that such allowance shall not exceed in the whole one third of a dollar per acre. And in making payment the principal only of the said certificates shall be admitted and the board of treasury for such interest as may be due on the certificates rendered in payment of aforesaid prior to Jany. 1, 1786, shall issue indents for interest to the possessors which shall be receivable in payment as other indents for interest of the existing requisitions of Congress, and for such interest as may be due on the said certificates between that period and the period of payment the said board shall issue indents the payment of which to be provided for in future requisitions or otherwise.
Such of the purchasers as may possess rights for bounties of land to the late Army to be permitted to render the same in discharge of the contract, acre for acre, provided that the aggregate of such fights shall not exceed one seventh part of the land to be paid for and
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provided also that there shall be no future claim against the United States on account of the said rights.
Not less than 500,000 dollars of the purchase money to be paid down upon closing of the contract and the remainder upon the completion of the work to be performed by the geographer or other Officer on the part of the United States; good and sufficient security to be given by the purchaser or purchasers for the completion of the Contract on his or their part. The grant to be made upon the full payment of the consideration money and a right of entry and occupancy to be acquired immediately for so much of the tract as shall be agreed upon between the board of treasury and the purchasers.
[Report of committee on memorial of Trustees of Dickinson College1]
[Note 1: 1 Papers of the Continental Congress, No. 20, II, pp. 183--184, in the writing of Mr. Carrington. Read July 23, and acted on October 17, 1787. See March 28 and July 20, 1787.]
The Committee consisting of Mr [Edward] Carrington Mr [William] Few, Mr. [William] Bingham Mr. [Abraham] Clarke and [Mr. William] Irvine, to whom was referred the Memorial of the Trustees of Dickinson College, Report as follows, viz.
Whereas the United States in Congress Assembled are desirous of giving every possible aid and encouragement to the propagation of usefull Knowledge, therefore Resolved that the following buildings the property of the United States at Carlisle, in the State of Pennsylvania, to wit, one of those formerly, used as a foundery, two of Brick south of, and next thereto, and one of brick lately occupied as Barracks by the Regiment of Artificers, being no longer necessary for public use, be, and hereby are, granted to the Trustees of Dickinson College and their successors forever, for the use of the said College.
Resolved that the Secretary at War take order for selling all the remainder of the public buildings at Carlisle which may not in his opinion be necessary for public use.
[Report of committee on transportation of mails2]
[Note 2: 2 Papers of the Continental Congress, No. 61, p. 551, in the writing of Nathan Dane. Read July 23. On July 26, 1787 the first resolve was passed and the last respecting cross posts postponed. The last was passed July 27, 1787. See July 16, 1787.]
The Committee consisting of Mr. [Nathan] Dane, Mr. [Benjamin] Hawkins and Mr. [William] Pierce to whom was referred the post master's letter report the following resolves
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Resolved that the post master General be, and he is hereby authorised and instructed to enter into contracts with sufficient security for the conveyance of the mails for one year, Passed commencing on the first day of January next from Portland in Massachusetts, to Savannah in Georgia, by Stage carriages from Portland to Petersburgh, if practicable, and from Petersburgh Savannah by Post riders, and that the same be done by four or more Separate contracts; And in Case of only four contracts the first to extend from Portland to New York; the second from New York to Philadelphia; the third from Philadelphia to Petersburgh [Suffolk in Virga]; and the fourth from Petersburgh [Suffolk] to Savannah, by such route as the Post master General may find most convenient.1
[Note 1: 1 An apparent amendment to the latter part of this resolve, undated, is as follows:
"And that the same be done by [four] three separate contracts the first to extend from Portsmouth to N York; The second from N York to Petersburg; and the third to extend from Petersburg to Georgia. Philadelphia; the third from Philadelphia to Petersburg and the fourth from Petersburg to Georgia." Papers of the Continental Congress, No. 61, p. 558.]
Resolved that the said Post master General be further authorised and instructed to make arrangements for the transportation of the mail for one year from the first day of January next on the cross roads mentioned in the resolve of Congress passed September the 4th 1786 and [also for] on the principles therein provided mentioned2 provided the general post office shall not be at any additional expence for the postage on sd Cross roads [in the resolution of feby 15 1787.]
[Note 2: 2 In Papers of the Continental Congress, No. 61, p. 554, there is an undated amendment, in the writing of Mr. R. H. Lee, as follows:
"After the word (Mentioned) in the 6th. line of the second resolve, insert
And the said Postmaster General is hereby authorised and instructed to contract (in addition to the Cross Posts mentioned in the resolve aforesaid) for the establishment of a Cross Post from Fredericksburg in Virginia to Hobbs's Hole on Rappahanock river and from thence to the Port of Entry on Yeocomico upon Potomac river. And from thence to Urbanna the Port of entry on Rappahanock river." See July 27, 1787.]
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[Letter of Secretary for Foreign Affairs transmitting letters 1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 281, read July 23, 1787.]
Office for foreign Affairs
23d. July 1787
Sir: I have the Honor of transmitting to your Excellency herewith enclosed three Letters2 from Mr. Adams, dated the 8th. 14th. and 23d. May last, together with the Papers that were enclosed with them, and am with great respect, etc.,
[Note 2: 2 Papers of the Continental Congress, No. 84, VI, pp. 473--474, 477, and 481--483, respectively, read July 23, 1787. The letters of May 8 and 14 deal with resolution of Congress of March 21, 1787, the settlement of questions between States, navigation of the Mississippi, fisheries and the return of Adams to America. According to indorsement they were referred to the Secretary for Foreign Affairs to report the orders preparatory to Mr. Adams' return. The letter of May 23 discusses protested bills, a new loan in Holland, diplomatic expenses and his recall. The enclosures, two protests of bills and two letters of Willink and Staphorst are on pp. 485--498. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 158, this letter and its enclosures were referred to the Board of Treasury to report. Report rendered July 26, 1787.]
John Jay3
[Note 3: 3 July 23, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 154, a petition of Cosimo Medici, July 22, 1787, read July 23, for pay, was referred to the Commissioner of Army Accounts to report. Papers of the Continental Congress, No. 42, V, p. 403. Report; rendered March 12, 1788 and acted on July 14, 1788.
Also according to indorsement a letter of Samuel Huntington to Charles Thomson, July 16, 1787, advising that he will order the delegates to attend Congress, was read (received July 23). Papers of the Continental Congress, No. 66, II, p. 368.]
His Excellency
The President of Congress.
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