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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 --TUESDAY, SEPTEMBER 25, 1787.
Congress assembled present New Hampshire, Massachusetts Connecticut, New York, New Jersey, Pensylvania, Delaware Virginia, North Carolina South Carolina and Georgia and from Maryland Mr [David] Ross.
Mr John Langdon and Mr Nicholas Gilman delegates for New hampshire produced the credentials of their Appointment under the seal of the state by which it appears that On the 14th June 1786 they were appointed delegates to represent the said state in the Congress of the United States for one year commencing the first Monday in November following.
[Credentials of John Langdon, New Hampshire 1]
[Note 1: 1 Original credentials, indorsed as read September 25, 1787, in Papers of the Continental Congress, New Hampshire Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, p. 221.]
The State of New Hampshire,
To John Langdon Esquire Greeting.
Whereas the General Court of this State, did, at their Session held at Concord on the fourteenth day of June last, appoint (Seal) you the said John Langdon one of the Delegates to represent this State in the Congress of the United States of America;
Now Therefore, Know You, that by these presents, in pursuance of the said Appointment, You the said John Langdon are commissioned to be one of the Representatives of this State in Congress, and vested with all and singular the Power and Authority to the said Office or Place of Delegate belonging by virtue of the Constitution of this State, and the Appointment aforesaid, To Have and To Hold to you the said John Langdon the said Office or Place of Delegate for the term of One Year from and after the first Monday in November next unless sooner relieved or recall'd by the General Court of this State.
In Testimony whereof, the Seal of said State is hereunto affixed: Witness John Sullivan Esquire President of said State Exeter this Twenty fifth day of September Anno Domini One Thousand, Seven
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Hundred and Eighty six, and of the Sovereignty and Independence of the United States of America the Eleventh.
Jno. Sullivan
By His Excellency's Command,
Joseph Pearson Secy
[Credentials of Nicholas Gilman, New Hampshire1]
[Note 1: 1 Original credentials, indorsed as read September 25, 1787, in Papers of the Continental Congress, New Hampshire Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, p. 222.]
The State of New Hampshire,
To Nicholas Gilman Esquire, Greeting.
Whereas the General Court of this State did, at their Session held at Concord on the twenty seventh day of June last (Seal) appoint you the said Nicholas Gilman one of the Delegates to represent this State in the Congress of the United States of America;
Now therefore Know You, that by these presents, in pursuance of the said Appointment, You the said Nicholas Gilman are commissioned to be one of the Representatives of this State in Congress, and vested with all and singular the Power and Authority to the said Office or Place of Delegate belonging by virtue of the Constitution of this State and the Appointment aforesaid, To Have and To Hold, to you the said Nicholas Gilman the said Office or Place of Delegate for the term of One Year from and after the first Monday in November next unless sooner relieved or recall'd by the General Court of this State.
In Testimony whereof, the Seal of said State is hereunto affixed: Witness John Sullivan Esquire President of said State at Exeter this Twenty fifth day of September Anne Domini One Thousand, Seven Hundred and Eighty six, and of the Sovereignty and Independence of the United States of America the Eleventh.
Jno. Sullivan
By His Excellencys Command
Joseph Pearson Secy.
Whereas it has been represented to Congress by the delegates of Georgia that their country is in danger of an invasion
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Resolved that the Secretary at War send forward deliver to the order of the delegates of Georgia one hundred and fifty pair of horsemens pistols, one hundred and fifty dragoons swords, one pair of brass field pieces three pounders, one thousand pound of gun powder and six hundred rounds of grape and round shot for the field pieces the state of Georgia to be accountable.1
[Note 1: 1 This resolve is in Papers of the Continental Congress, No. 20, II, p. 457, without the introductory clause. What is apparently the first form of the motion is on pp. 455--456, as follows:
"Whereas it has been represented to Congress by the delegates of Georgia that their country is in a defenceless situation and that in danger of an invasion, Resolved that the Secretary of War send forward to theExecutive State Georgia 150 of dragoon swords, 150 pr. of dragoon pistols and two light brass field pieces with ammunition complete for one campaign, the said State to be accountable for the same."]
The committee consisting of Mr R[ichard] H[enry] Lee Mr [William] Grayson and Mr [William] Few to whom was referred a petition2 of Nathaniel Twining having reported3 "That it appears to them that Mr Twining having undertaken the business of conveying the mails by stages through a great extent of country interrupted by many wide ferries and through very deep and sandy roads hath found from experience that the expence of this undertaking exceeded the allowance he had agreed by contract to receive from the public. That his willingness to execute the business on the most reasonable terms had induced him for the year 1787 to accept of about one thousand dollars less than had been allowed him for the year preceding whilst the other contractors, though on roads more practicable taking advantage of the necessity that compelled the postmaster to form contracts for the conveyance of the mails insisted upon and actually received a larger allowance for the year 1787 than was allowed for the year preceding. That from necessity he
[Note 2: 2 See September 20, 1787.]
[Note 3: 3 See September 22, 1787. See also September 26, 1787.]
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has been obliged to convey the mails during some part of the time and on some parts of the line, by horses instead of carriages, which according to the strictness of the contract he hath entered into, makes him liable to penalties which still add to his misfortunes. That in consideration of the premises and of the propriety of giving reasonable encouragement to the undertakers of new and useful employments for the public who are commonly subjected as Mr Twining has been to unforeseen difficulties the committee recommend That the postmaster general be instructed to allow Mr Twining the same consideration for his services for the year 1787 as he contracted for in the year 1786, and to remit to Mr Twining the penalties he hath incurred by the failures of his contract as before specified, taking care to reserve an indemnification for the public in eases where money has been actually paid or been contracted to be paid for services in conveying the mail unperformed by Mr Twining. And that the mails may for the remaining part of this year be continued to be conveyed on this route by horses in place of carriages in such part of his line where they have already been so done.
The foregoing report being under consideration A division was called for and on the question That the postmaster general allow Mr Twining the same consideration for his services for the year 1787 as he contracted for in the year 1786 the yeas and nays being required by Mr [Melancton] Smith
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So the question was lost.
On the question
Resolved That the post master genl be and he is hereby instructed to remit to Mr Twining the penalties he hath incurred by the failures of his contract by conveying the mail by horses instead of carriages, taking care to reserve an indemnification for the public in cases where money has been actually paid or been contracted to be paid for services in conveying the mail unperformed by Mr Twining And that the mails may for remaining part of this year be continued to be conveyed on this route by horses in place of carriages in such parts of his line where they have already been so done.
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[Reports of Secretary of Congress on sundry petitions1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 62.]
Office of Secretary of Congress
Sept 25, 1787
On a petition of Andrew Mc Farlane stating that he had a commission of lieutenant given him on the 22 Jany 1777 in capt Moreheads company, which was raised for the defence of the western frontiers; that on the 14 feby following he was taken prisoner, that during his captivity he was deranged and praying for the allowance of one years pay granted to deranged Officers the Secretary of Congress reports That the petition of Andrew Mc. Farlane be referred to the Commissioner of Army Accounts2 to report.
[Note 2: 2 According to the Committee Book, Papers of the Continental Congress, No. 190, p. 168, the petition was so referred. See September 21, 1787.]
On the letter of 22 from Mr A Lee, stating that the suit instituted against the Comrs. for negotiating treaties with the Indian Nations by Calbreath and others is soon to come to issue, that at present he alone stands burthened with the expence of the suit and answerable for its issue and suggesting his hopes that Congress will not think it just that the expenee cost and possible damages should fall on him, but that they will be pleased to Order these to be paid out of the public treasury,
The Secretary of Congress reports
That the letter of the 22 feby3 from Mr A Lee be referred to a comee.4
[Note 3: 3 This is an error; the date of the letter was September 22.]
[Note 4: 4 According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 168, the committee consisted of Mr. William Samuel Johnson, Mr. Rufus King and Mr. Nathaniel Gorham. It was discharged October 9 and the letter was acted on October 23, 1787. See September 24, 1787.]
[Order to the Board of Treasury 5]
[Note 5: 5 This order is entered by Roger Alden in the Committee Book, Papers of the Continental Congress, No. 190, p. 168. Report rendered October 4, 1787.]
Order, that the board of treasury lay before Congress a general abstract of the expenditure of all public monies received by Mr Adams while Minister in Europe.
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[Letters of Secretary for Foreign Affairs transmitting correspondence]
Office for Foreign Affairs
24th. Septr. 17871
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 325, read September 25, 1787.]
Sir: I have the Honor to transmit to your Excellency herewith enclosed two Letters2 from Mr. Dumas of 7th. and 30th. June last, together with the Papers mentioned in them and Translations; and am
[Note 2: 2 Papers of the Continental Congress, No. 93, III, p. 255 and 275--277, respectively, with enclosures of the first and translations on pp. 259, 261, 265 and 267--273. Letter No. 24 of June 7, refers to a Swedish captain who ran away with a vessel. No. 25 of June 30, deals with the state of the parties in the Netherlands, his own situation and pay of arrears due him.]
With great Respect, etc.,
John Jay.
His Excellency
The President of Congress.
Office for Foreign Affairs
24th. Septemr. 17873
[Note 3: 3 Papers of the Continental Congress, No. 80, III, p. 317, read September 25, 1787. Barclay's letter transmits the accounts of Lagoanere and Co. of Coruņa. See September 27, 1787.]
Sir: I have the Honor to transmit to your Excellency herewith enclosed a Letter from Mr Barclay of 25th. June last, together with all the Accounts mentioned to be enclosed with it; and am with great Respect, etc.,
John Jay.
His Excellency
The President of Congress.
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Office for Foreign Affairs,
24th. Septemr 17871
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p 321, read September 25, 1787. A copy of Jefferson's letter is in Papers of the Continental Congress, No. 107, II, pp. 39--49, with various enclosures (incomplete) on pp. 49--59. It deals with a seized vessel; trade in Guadeloupe; Barclay's accounts and his arrest; consular convention; Luzerne and Moustier; services of Lafayette; affairs of the Emperor, Holland, Russia, England and France; transfer of debt from France to Holland; and Beaumarchais. See October 2, 1787, August 11 and 20, 1788.]
Sir: I have the Honor to transmit to your Excellency herewith enclosed a Letter from Mr. Jefferson of 6th. August last, together with the Papers mentioned to be enclosed with it and Translations of them.
I have the Honor to be, etc.,
John Jay.
His Excellency
The President of Congress.
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