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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 --WEDNESDAY, SEPTEMBER 26, 1787.
Congress assembled present as before.
On motion of the delegates for North Carolina
Resolved That the post master general be and he is hereby instructed to allow Mr Nathaniel Twining the same consideration for his services for the year 1787 as he contracted for in the year 1786.2
[Note 2: 2 See September 20, 1787. See also September 25, 1787.]
On the question to agree to the above resolution the yeas and nays being required by Mr. [Abraham] Yates
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So it was resolved in the affirmative.
[Report of Secretary for Foreign Affairs on petition of V. and P. French and Nephew1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 1--2, read September 26, 1787. See September 20 and October 15, 1787.]
Office for Foreign Affairs
26th. Septemr. 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Petition of Messrs. Val. and Pat. French and Nephew,
Reports
That this Petition states, that the Petitioners had arrested Thomas Barclay Esquire, the american Consul General in France and Agent
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for negotiating the Treaty lately concluded with Morocco, for the Recovery of a Debt due from him to them; and that the Parliament of Guienne from Respect to his official Character had released him. The Petitioners pray, in Substance, that the Law may have free course against him.
A late Letter from Mr. Jefferson, now before Congress, mentions that the Obstacle in Question had been removed by the Interference of the french Minister, and in the Opinion of your Secretary very properly; for in his Judgment Mr Barclay, at least after his Return from Morocco, had no official Character to which the Laws of Nations annex such a Privilege.
It is not necessary therefore that any particular Order on the Subject of this Petition be now made; but in the Opinion of your Secretary it would not be improper to take this Opportunity of obviating the Necessity of similar Applications in future by some general Resolution like the following, Vizt.
On a Report from the Secretary for foreign Affairs to whom was referred a Petition from Messrs. French and Nephew,
Resolved that the Consuls of the United States in foreign Parts, as well as the Consuls of foreign Nations residing in the United States, may be prosecuted like private Citizens and Subjects, for their proper Debts, in the Manner prescribed by the Laws of the Land where they reside.
Your Secretary will be much mistaken if the United States do not always experience more Inconveniences from the Residence of foreign Consuls here, than they will ever experience Advantages from the Residence of american Consuls abroad. These foreign Gentlemen already embarrass our Commerce, and that, as well as a Variety of other Circumstances and Considerations, should in his Opinion render it the Policy of America to allow them only that Degree of official Weight and Pre-eminence, which may be strictly due to them by the Laws of Nations.
All which is submitted to the Wisdom of Congress.
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[Report of Secretary for Foreign Affairs on memorial of B. Norton1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 163--164, read September 26, 1787. See September 21, 1787.]
Office for Foreign Affairs
25th. Septemr. 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Memorial of Beriah Norton, dated the 15th. September Instant,
Reports,
That the Memorial states in substance, that in September 1778 at Marthas Vineyard, of which the Memorialist had the military Command, he delivered a Number of Cattle and Sheep to the british General Grey, who promised that Payment should be made for the Value of them.
That in October 1778 Congress permitted the Memorialist to go to New York to solicit Payment, that his Account was allowed to be just and amounted to £7923, but that he had never been able to obtain more than a partial Payment, Vizt. £3000, notwithstanding his Applications to the british Lords of the Treasury, Ministers, &c. He requests from Congress such Aid and Advice to enable him to prosecute the Business, as they shall think fit and right.
It appears to your Secretary that Marthas Vineyard being american Ground, the Enemy had good Right flagrante Bello to take away all the Sheep and Cattle they found there without paying any thing for them. If however, from Motives of Policy, they gratuitously (and not in the way of Capitulation, or Convention with the american Government) promised Payment, that Promise being left in statu quo by the Treaty, must be considered as having been made at a Time and under Circumstances, which exempt Britain from any Responsibility to the United States for the Performance of it, and consequently it would not be proper for the United States to take any Measures respecting it.
If on the other Hand this Promise or Contract is to be considered as being of legal Obligation, and not merely honorary and gratuitous, then the Memorialist has his Remedy at law, and the Interference of Congress can at present neither be necessary nor proper.
The Sum in Demand is doubtless important to the Individuals interested in it; but as national Interposition should be confined to Objects which affect either the national Interest or the national Honor,
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your Secretary is of Opinion it should not be extended to such Concerns and Affairs of Individuals, as are unconnected with, and do not touch or affect the national Rights.
All which is submitted to the Wisdom of Congress.
John Jay.
[Report of Secretary for Foreign Affairs on letter of John Temple 1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 159--161, read September 26, 1787. The report was passed September 28 where it is entered in the Secret Journal Foreign, with such changes necessary to make the proposed resolves adopted ones and to make the report a Journal entry. See September 20 and 21, 1787.]
[Report of Secretary for Foreign Affairs on letter of Reade and Bogardus 2]
[Note 2: 2 Papers of the Continental Congress, No. 81, III, pp. 155--158, read September 26, 1787. This report was agreed to on October 3, 1787, where it is entered verbatim in the Secret Journal Foreign. See August 2, 1787.]
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