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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 --FRIDAY, SEPTEMBER 28, 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.
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Congress having received the report1 of the Convention lately assembled in Philadelphia
[Note 1: 1 The report of the Convention, including the Constitution, the resolution of the Convention and Washington's letter, together with the resolve of Congress of September 28, 1787, were entered by Benjamin Bankson, in Ratifications of the Constitution, pp. 45--74. A copy of the Continental Congress imprint of the foregoing documents, signed by Charles Thomson, is wafered in between pages 98 and 99 of Papers of the Continental Congress, No. 122, which is deposited in the Department of State. This imprint is apparently from the shop of J. McLean, since most of the report of the Convention appears printed from the same type form as was used in the supplement to the Independent Journal of September 22, 1787. Copies of this imprint were transmitted by Thomson to the executives of several States with his circular letter of September 28, 1787, a copy of which is in Papers of the Continental Congress, No. 18 B., p. 129. See September 20, and 27, 1787.]
Resolved Unanimously that the said Report with the resolutions and letter accompanying the same be transmitted to the several legislatures in Order to be submitted to a convention of Delegates chosen in each state by the people thereof in conformity to the resolves of the Convention made and provided in that case.
On a report2 from the Secretary for foreign Affairs
[Note 2: 2 See below the entry from the Secret Journal Foreign.]
Whereas doubts have in certain instances arisen whether foreign consuls residing in the United States are entitled to an exemption from such legal imposts and duties on Merchandizes by them imported for their own use as are payable by other subjects of their respective Nations
Resolved That no consuls of any Nation are entitled to such exemptions in the United States.
On the report3 of a comee consisting of Mr [Edward] Carrington Mr [Dyre] Kearny and Mr [James] Schurman to whom was referred a memorial of Adam Jamison
[Note 3: 3 See August 2 and 9, 1787.]
Resolved That the Commissioner of Accounts for the commissaries department be authorised and empowered to settle the accounts of Adam Jamison late deputy commissary of
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Issues upon the best evidence which in the nature and circumstances of the case can be obtained, it appearing to Congress that his books and papers have been lost and that the same happened through no fault or misconduct of him the said Adam Jamison.
1The Secretary of the United States for the department of Foreign Affairs to whom was referred a Letter2 of 16h August 1787, from Sir John Temple, the british Consul General, having reported3
[Note 1: 1 From this point to the end of the day the proceedings were entered by Benjamin Bankson and attested by Charles Thomson in the Secret Journal Foreign, Papers of the Continental Congress, No 6, III, pp. 400--401. And also by Bankson (first paragraph by Thomson) in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1647--1649.]
[Note 2: 2 See September 20, 1787.]
[Note 3: 3 See September 26, 1787.]
"That this Letter states, that a Relation at Canton, sent him in the Hope, lately arrived at this port, a small Box of Tea, and a piece of Silk for Lady Temple's use, that he sent for them, and that the collector returned for answer, "that as there was no Treaty of commerce subsisting between his Britannic Majesty and these States, Sir John must pay the Impost or duties charged upon such Articles by the Government of the State of New York. Sir John requests to be informed, whether or not it be right and proper for him to pay the duties so demanded.
Two things in this Letter merit attention, first, the implied claim of the consul to an exemption from duties, and secondly the reason assigned by the collector for demanding the ordinary duties in the present case.
The respect due from Nation to Nation and from Sovereign to Sovereign, has introduced among civilized Nations the general custom and Usage of exempting Ambassadors and public Ministers from duties and
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Imposts. The only question on this point which merits attention is, whether consuls are to be considered in this light?
In the Opinion of your Secretary consuls are not by the Laws or Usage of Nations considered or treated as public Ministers, and therefore that they are not entitled to the exemptions in question either here or elsewhere.
It would seem from the collector's answer that he considers the other consuls, between whose Nations and the United States Treaties of commerce exist, as entitled to such exemptions; and therefore your Secretary is inclined to think it would be expedient for Congress to correct that mistake. It appears from general experience that this privilege to Ambassadors and Ministers has produced many inconveniences, and is daily attended with great abuses; insomuch that some Nations have found it necessary to take measures to guard against and check them. In France it is usual for Ministers to report the Articles intended to be introduced, and the Government pays the duties to the Farmers, and a late instance of an Ambassador at the Court of London, importing 800 dozen of Wine at one time for the use of his Table; and shortly after disposing of 500 dozen of them to Grocers, has called the attention of the Ministry to the necessity of establishing regulations on the subject; but what they will be is not yet decided. If such inconveniences result from such a privilege to a few Ambassadors and Ministers, Men high in Office and reputation, and whose situations render such practices particularly indecent and improper; it is easy to foresee how much greater and more extensive evils would result from similar indulgences to the numerous consuls to be found in every commercial country disposed
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to admit them. Whereupon Congress came to the following resolution".
Whereas doubts have in certain instances arisen whether foreign consuls residing in the United States, are entitled to an exemption from such legal imposts and duties on merchandizes by them imported for their own use, as are payable by other Subjects of their respective Nations.
Resolved That no consuls of any nation are entitled to such exemptions in the United States.
Chas Thompson Secy
[Reports of Secretary of Congress on two petitions and a letter 1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 63. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 168, these papers were referred as indicated. See September 27, 1787.]
Office of Secretary of Congress
Sept 28, 1787
On the petition of David Barclay stating that he attended the Court of Appeals 18 days in the capacity of door keeper and messenger and praying that Congress would be pleased to direct payment to be made to him for his service
The Secy of Congress reports
That the petition of David Barclay be referred to the Board of treasury to take Order.
On the petition of Robert Harris late lieutenant on board the continental sloop of war The Reprisal stating his services and sufferings and praying to be allowed for the depreciation of his pay and that he may receive his share of the 14 prizes captured and sent to France by the vessel to which he belonged
The Secretary of Congress reports
That the petition of Robert Harris be referred to the Comr. of Marine Accounts to report.
On the letter of the Secy at War touching the expiration of the terms for which the troops in service were inlisted
The Secretary of Congress reports
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That the letter1 of the 26 from the Secretary at war to be referred to a comee. to the Secretary at War to report.2
[Note 1: 1 See September 27, 1787.]
[Note 2: 2 Report rendered October 2 and passed October 3, 1787.]
[Report of Secretary of Foreign Affairs on letter of Governor Hancock 3]
[Note 3: 3 Papers of the Continental Congress, No. 81, III, pp. 5--8, read September 28 1787. It is indorsed, "9 Oct. Consideration of the report postponed. Delegates of Massachusetts to have a copy of it. See the Secret Journal Octr. 9th. 1787." No entry regarding the matter is found in any of the Secret Journals. See September 20 and 21, 1787.]
Office for Foreign Affairs
28th. Septemr. 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter from his Excellency the Governor of Massachusetts with the Papers that were enclosed with it,
Reports.
That from the Letter and Papers above mentioned, it appears that one Reily commanding a Brig or Snow, sailed on the 17th. March last from Dublin, bound to Baltimore, having on board above 100 Persons, of whom some were Passengers and others Redemptioners.
That during the Passage he treated some of them so cruelly as to occasion their Deaths.
That on the 14th. July last he did (as he said for Want of Provisions sufficient to carry them to Baltimore) land about ninety of them of both Sexes at the Harbour of little River, where only one Family was settled, about 20 Miles from Machias, and that he detained from them a Variety of valuable Articles of their Property.
That the Necessity of receiving and providing for these People has occasioned much Trouble and Expence, and the Governor intimates that there is probably among them convicts and Persons whose Manners and conduct will be detrimental to the State.
That the said Vessel is probably now at Baltimore.
The Governor requests such Interposition and Order of Congress on the Subject, as to them may appear proper.
Your Secretary is at a Loss to discern the Principle on which the Interference of Congress in this Case is expected. Admitting all the Facts to be true, there can be no Question but that Captain Reily's
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conduct is judically cognizable by the United States, inasmuch as he has committed Felony, if not Murder, on the high Seas, and is now probably at Baltimore within their Jurisdiction; but then Congress by their Ordinance1 of the 5th. April 1781 have provided, though perhaps imperfectly, for such Cases. And your Secretary thinks it seasonable to remind Congress of his Report2 of the 25th. September 1785 on the same Subject.
[Note 1: 1 Journals, vol. XIX, pp. 354--356.]
[Note 2: 2 The date of this report is September 29, 1785. See Journals, vol. XXIX, pp. 797--805.]
The Captain's Conduct as affecting Massachusetts may also be by their Laws a high Misdemeanour; but if that be the case, they have by the 4th. Article of the Confederation a Right to demand the Offender from any of the States in which he may be found.
It is also clear that the Persons in Question have a Right to bring their private Actions against the Captain; but it does not follow from thence, nor can it be argued from the Confederation, that it would be proper for Congress by a particular Act to facilitate their doing it.
It does not appear to your Secretary that Congress can pass any authoritative Act on the Subject, and therefore he thinks it would not be proper for them to pass any. The Right of providing for the Trial of Piracies and Felonies committed on the high Seas, doubtless involves that of providing for the Apprehension of the Persons to be tried; and if their present Ordinance for that Purpose is deficient, nothing remains but to revise and make it effectual.
General Regulations extending to all cases of the same class or Denomination are to be prefered to occasional Interpositions, and Acts pro hac Vice; and therefore if the present Case should shew the Expediency of further Provisions, your Secrety. thinks they should be general and not confined to this or any other particular Case.
All Circumstances considered, it would in his Opinion be expedient, that these Papers be delivered to the Delegates of Massachusetts, that they transmit them to the Executive of Maryland, with a Request that Capt. Reily be apprehended and delivered up to Massachusetts, as soon as a formal Requisition shall arrive for the Purpose,
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that they also write to Governor Hancock informing him thereof, and advising that such Requisition be forthwith made and forwarded.
All which is submitted to the Wisdom of Congress.
John Jay1
[Note 1: 1 September 28, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 168, the following letters were referred:
Letter of J. Adams to J. Jay, June 16, 1787, together with contract for a loan of one million guilders, was referred to the Secretary for Foreign Affairs to report. See September 20, 1787.
Letter of Nathaniel Mitchell to [President of Congress], September 26, 1787, read September 28, requesting to be paid as major of brigade, was referred to the Commissioner of Army Accounts to report.]
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