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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, OCTOBER 8, 1787.
Congress assembled. Present Massachusetts, Connecticut New York, New Jersey, Pensylvania, Delaware, Virginia North Carolina and South Carolina, and from New hampshire Mr [Nicholas] Gilman and from Maryland Mr [David] Ross.
A motion 2 being made by Mr [Nathan] Dane seconded by Mr [Melancton] Smith as follows,
[Note 2: 2 Papers of the Continental Congress, No. 20, I, p. 197, in writing of Mr. Nathan Dane. See August 9, 1787.]
Whereas it appears by the Journals of Congress that a federal court has been instituted pursuant to the articles of Confederation and perpetual Union to hear and determine a
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controversy respecting territory between the states of Massachusetts and New York. And whereas it appears by the representations of the delegates of the said states in Congress that the said controversy has ceased and that the same has been settled and determined by an Agreement entered into on the sixteenth day of December last by the agents of the said states in the words following to wit .... any further proceedings therefore in or relative to the aforesaid court having become unnecessary Resolved that all further proceedings in and relative to the said federal court as also the commissions of the judges thereof cease and determine."
A motion was made by Mr [James] Madison seconded by Mr [Abraham] Clarke to strike out the words "in the words following to wit," and on the question shall those words stand the yeas and nays being required by Mr [Melancton] Smith
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So the question was lost and the words were struck out and on the question the motion being amended was agreed to as follows
Whereas it appears by the journals of Congress that a federal court has been instituted pursuant to the Articles of Confederation and perpetual Union to hear and determine a controversy respecting territory between the States of Massachusetts and New York; and whereas it appears by the representations of the delegates of the said states in Congress that the said controversy has ceased and the same has been settled and determined by an Agreement entered into on the sixteenth day of December last by the agents of the said states and any further proceedings in or relative to the aforesaid court having become unnecessary
Resolved That all further proceedings in and relative to the said federal court as also the commissions of the judges thereof cease and determine.
A motion 1 was then made by Mr [Nathan] Dane seconded by Mr [Abraham] Yates that the attested copy of the aforesaid agreement laid before Congress by the delegates of the two states be filed in the secretarys Office the same being in the words following,2 To all to whom these presents shall come. The underwritten John Lowell, James Sullivan, Theophilus Parsons and Rufus King, Agents or Commissioners, appointed by the Commonwealth of Massachusetts of the one part, and the underwritten, James Duane Robert R. Livingston, Robert Yates, John Hating, Melancton Smith, and Egbert Benson, six of the Agents or Commissioners, appointed by the State of New York of the other part, send greeting; Whereas the commonwealth of Massachusetts did heretofore present a petition to the United States in Congress
[Note 1: 1 This motion, in the writing of Mr. Nathan Dane, is on the same page as his preceeding motion.]
[Note 2: 2 Roger Alden takes up the record.]
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Assembled, thereby among other things stating, that all that territory which in the said petition is described as, "All that part of New England in America which lieth and extendeth between a great river called Merrimack and a certain other river there called Charles River being the bottom of a bay there called Massachusetts bay, and also all those lands lying within three english miles to the Southward of the southermost part of the said bay, and extending thence northward in latitude to the northward of every part of said river Merrimack, and in breadth of latitude aforesaid extending throughout all the main land, in longitude westwardly to the southern ocean" was the just and proper fight of the said commonwealth, and farther stating that the State of New York, had set up a claim to some part of the land before mentioned the said commonwealth did therefore by the said Petition solemnly request 1 of the United States in Congress that Commissioners might be appointed for enquiring into and determining upon the claim aforesaid of the Legislature of the said commonwealth and that such other proceedings respecting the premises might be had as are by the Federal Government of the said United States in such case made and provided, as by the said petition filed among the Archives of the United States reference being thereunto had may more fully appear. And Whereas the State of New York doth in opposition to the said Claim of the Commonwealth of Massachusetts, claim as the just and proper right of the said State as well in respect of property, as jurisdiction all those lands and territories bounded on the North by the parallel of latitude passing through the said point place or boundary aforesaid of three miles to the Northward of every part of the said river Merrimack and bounded on the south by the parallel of latitude passing through the said point or place situate three miles south of the southermost part of the said Bay
[Note 1: 1 Benjamin Bankson takes up the entry.]
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called Massachusetts bay bounded on the West by the limits between the United States and the King of Great Britain and the line of cession from the State of New York to the United States and bounded on the east by the line agreed on and established between the late Colony of the Massachusetts bay and the late Colony of New York in the year one thousand seven hundred and seventy three and from the Northern termination of the said line, then bounded on the east by the west bank of Connecticut river. And Whereas the State of New York having been duly notified did appear by their lawful Agents to vindicate such their said right against the said claim of the said Commonwealth and proceedings were thereupon had in Congress pursuant to the Articles of Confederation in order to the appointment of Commissioners or Judges to constitute a Court for hearing and determining the said matters in question. And Whereas the said John Lowell, James Sullivan, Theophilus Parsons and Rufus King were afterwards by a certain Commission under the Seal of the said Commonwealth and bearing date the twenty sixth day of April in the Ninth year of the Independence of the United States and made in pursuance of an Act of the Legislature of the said Commonwealth passed the fourteenth day of March in the eighth year of the Independence of the United States and of a resolution of the said Legislature passed the eighteenth day of the said Month of March commissionated to be Agents to manage, conduct and prosecute the claims of the said Commonwealth to the lands described in the said petition, And Whereas afterwards and pending such proceedings in Congress the Legislature of the Commonwealth of Massachusetts did by an Act entitled an Act empowering the Agents appointed by this Government to defend the territory on the West side of "Hudsons river against the Claims of the State of New York to settle the controversy relative thereto otherwise than by a federal Court if they shall judge it expedient",
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enact that the major part of the said Agents or Commissioners should be fully authorised and empowered to agree with the Agents or Commissioners of the State of New York and settle the controversy respecting the territory aforesaid by a federal Court as appointed by virtue of the Confederation or otherwise in such way and manner as they should judge would comport with justice and the interest of the said Commonwealth and the Legislature of the State of New York did by an Act entitled "an Act supplementary to the Act entitled An Act to appoint Agents or Commissioners for vindicating the right and jurisdiction of this State against the Claims of the Commonwealth of Massachusetts pursuant to the Articles of Confederation and perpetual Union of the United States" among other things enact that it should be lawful for the said James Duane, Robert R. Livingston, Egbert Benson, John Haring, Melancton Smith and Robert Yates and also John Lansing, Junior or any five or more of them to settle the said controversy between the said State of New York and the said Commonwealth of Massachusetts, otherwise than by the said federal Court in such manner as they should judge most conducive to the interest of the said State as by the said Commission and the said several Acts relation being thereunto had may appear. Now therefore know ye that the underwritten Commissioners on the part of the Commonwealth of Massachusetts and the State of New York respectively having by mutual consent assembled at the City of Hartford in the State of Connecticut on the thirtieth day of November last in order to the due execution of their respective trusts and having duly exchanged and considered their respective powers and declared the same legal and sufficient after several conferences and to the end that all interfering Claims and controversies between the said Commonwealth of Massachusetts and the said State of New York as well in respect of jurisdiction as property may be finally
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settled and extinquished and peace and harmony forever established between them on the most solid foundation, Have agreed and by these presents Do mutually for and in behalf of the said Commonwealth of Massachusetts and the said State of New York, by whom respectively they the said Commissioners have been so appointed and authorised as aforesaid agree to the mutual Cessions, Grants, Releases, and other Provisions following, that is to say First, the Commonwealth of Massachusetts doth hereby cede, grant, release and confirm to the State of New York forever all the claim, right and title which the Commonwealth of Massachusetts hath to the Government, sovereignty and jurisdiction of the lands and territories so claimed by the State of New York as herein before stated and particularly specified, Secondly the State of New York doth hereby cede, grant release and confirm to the said Commonwealth of Massachusetts and to the use of the Commonwealth their Grantees and the heirs and Assigns of such Grantees forever the right of preemption of the soil from the native Indians and all other the estate, right, title and property (the Right and title of Government, sovereignty and jurisdiction excepted) which the State of New York hath of in or to two hundred and thirty thousand and four hundred Acres to be located by the Commonwealth of Massachusetts and to be situate to the Northward of and adjoining to the lands granted respectively to Daniel Cox and Robert Lettice Hooper and their respective Associates and1 between the Rivers Owega and Chenengo, and also of, in or to all the lands and territories within the following limits and bounds, that is to say, Beginning in the north boundary line of the State of Pensylvania in the parallel of forty two degrees of north latitude, at a point distant eighty two miles west from the northeast corner of the State of Pensylvania on Delaware river, as the said boundary line hath been run and marked by
[Note 1: 1 Roger Alden resumes the entry.]
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the Commissioners appointed by the States of Pensylvania and New York respectively, and from the said point or place of beginning running on a due meridian north to the boundary line between the United States of America and the King of Great Britain, thence westerly and southerly along the said boundary line to a meridian which will pass one mile due East from the northern termination of the straight or waters between lake Ontario and lake Erie, thence south along the said meridian to the south shore of lake Ontario, thence on the eastern side of the said streight by a line always one mile distant from and parallel to the said streight to lake Erie, thence due west to the boundary line between the United States and the king of Great Britain thence along the said boundary line until it meets with a line of cession from the State of New York to the United States, thence along the said line of cession to the norwest corner of the State of Pensylvania, and thence east along the northern boundary line of the state of Pensylvania to the said place of beginning and which said lands and territories, so ceded, granted, released and confirmed are parcel of the lands, and territories described in the said petition; Thirdly, The commonwealth of Massachusetts doth hereby cede, grant, release and confirm to the State of New York and to the use of the State of New York their grantees and the Heirs and Assigns of such grantees forever, the right of preemption of the soil from the native Indians, and all other the Estate right, title and property, which the commonwealth of Massachusetts hath, of, in, or to the residue of the lands and territories so claimed by the State of New York as herein before stated, and particularly specified. Fourthly, that the lands so ceded, granted, released and confirmed to the commonwealth of Massachusetts, or such part thereof as shall from time to time be and remain the property of the commonwealth of Massachusetts, shall during the time that the same, shall so be and remain such
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property be free and exempt from all taxes whatsoever, and that no general or State tax, shall be charged on, or collected from the lands hereafter to be granted by the commonwealth of Massachusetts or on the occupants or proprietors of such lands, until fifteen Years after such confirmation as is herein after mentioned of such grants shall have expired, but that the lands so to be granted, and the occupants thereof shall during the said period be subject to town or county charges or taxes only; provided that this exemption from general or state taxes, shall not be construed to extend to such duties, excises or imposts to which the other Inhabitants of the State of New York shall be subject and liable. Fifthly, That no rents or services shall be reserved in any grants to be made of the said lands by the commonwealth of Massachusetts. Sixthly, That the Inhabitants on the said lands and territories being citizens of any of the United States, and holding by grants from the commonwealth of Massachusetts, shall be entitled to equal rights with the other citizens of the State of New York, and further that the citizens of the commonwealth of Massachusetts, shall from time to time and at all times hereafter have and enjoy the same and equal rights respecting the navigation and fishery on and in lake Ontario and lake Erie, and the waters communicating from the one to the other of the said lakes, and respecting the roads and portages between the said lakes as shall from time to time be had and enjoyed by the citizens of the State of New York, and the citizens of the commonwealth of Massachusetts shall not be subject to any other regulations or greater tolls or duties to be made or imposed from time to time by the state of New York respecting the premises, than the citizens of the State of New York shall be subject to. Seventhly, That no adverse possession of the said lands for any length of time shall be adjudged a disseisin of the commonwealth of Massachusetts. Eighthly, That the State of New York so long as any part of
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the said lands, shall be and remain the property of the commonwealth of Massachusetts, shall not cede, relinquish or in any manner divest themselves of the government and jurisdiction of the said lands or any part thereof without the consent of the commonwealth of Massachusetts. Ninthly, That the commonwealth of Massachusetts may from time to time by persons to be by them authorised for the purpose hold treaties and conferences with the native Indians relative to the property or right of soil of the said lands and territories hereby ceded, granted, released, and confirmed to the commonwealth of Massachusetts, and with such armed force, as they shall deem necessary for the more effectual holding such treaty or conference; and the commonwealth of Massachusetts within six months after such treaties, shall respectively be made, shall cause copies thereof to be deposited in the office of the Secretary of the State of New York. Tenthly, The commonwealth of Massachusetts may grant the right of preemption of the whole or any part of the said lands and territories to any person or persons who by virtue of such grant shall have good right to extinguish by purchase the claims of the native Indians, provided, however, that no purchase from the native Indians by any such grantee or grantees, shall be valid unless the same shall be made in the presence of and approved by a Superintendant to be appointed for such purpose by the commonwealth of Massachusetts, and having no interest in such purchase, and unless such purchase shall be confirmed by the commonwealth of Massachusetts. Eleventhly, That the grantees of the said lands and territories under the commonwealth of Massachusetts shall within six months after the confirmation of their respective grants, cause such grants or the confirmations thereof or copies of such grants or confirmations certified or exemplified under the seal of the commonwealth of Massachusetts to be deposited in the said Office of Secretary of the State of New
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York, to the end that the same may be recorded there, and after the same shall have been so recorded, the grantees shall be entitled to receive again from the said Secretary their respective grants or confirmations, or the copies thereof, whichsoever may have been so deposited without any charges or fees of Office whatsoever, and every grant or confirmation, which shall not, or of which such copy, shall not be so deposited, shall be adjudged void. In testimony whereof, The said John Lowell, James Sullivan, Theophilus Parsons, and Rufus King, for and in the name and behalf of the said commonwealth of Massachusetts, and the said James Duane, Robert R. Livingston, Robert Yates, John Haring, Melancton Smith, and Egbert Benson for and in the name and on behalf of the said State of New York have to these presents and a duplicate thereof, both indented interchangeably set their hands and affixed their seals: done at the city of Hartford aforesaid, the sixteenth day of December in the Year of our Lord one thousand seven hundred and eighty six, and the eleventh Year of the Independence of the United States of America. The following errors in transcribing being corrected before execution, viz. the words (the underwritten) between the first and second lines; (there) between the fourth and fifth lines, (are) and (said), between the ninth and tenth lines; (point) between the eleventh and twelfth lines; (said) between the 18 and 19 lines, (An Act intitled) between the 22 and 23 lines (relative thereto) between the 23 and 24 lines, (and) and (also) between the 28 and 29 lines, (following) between the 36 and 37 lines, (Sovereignty) between the 40 and 41 lines (appointed) between the 44 and 45 lines of the first sheet, being interlined; And (of Massachusetts) between the 11 and 12 lines (native) between the 15 and 16 lines (ceded) between the 16 and 17 lines, and (so) between the 27 and 28 lines, interlined in the second sheet, and an erasure between the words (until) and (fifteen) made in the second sheet.
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John Lowell (L S) James Sullivan (L S) Theops. Parsons (L S) Rufus King (L S) Jass Duane (L S) Robt. R. Livingston (L S) Robert Yates (L S) John Haring (L S) Melancton Smith (L S) Egbt. Benson. Witnesses. Present at the sealing and delivery, George Wyllys, Thos. Seymour, Jesse Root, Jere. Wadsworth, D. Humphreys, Wm. Imlay, Joseph Webb, Simeon De Witt Lewis Dubois, Nathl. Bethune; Be it remembered, That on this thirtieth day of January in the Year of our Lord one thousand seven hundred and eighty seven personally appeared before me Richard Morris Esqr Chief Justice of the State of New York, Jeremiah Wadsworth and Lewis Dubois Esquires, two of the subscribing witnesses to the within Instrument, who being by me duly sworn, did severally depose and say, that they were present and did see the within named James Duane, Robert R. Livingston, Robert Yates, John Haring, Melancton Smith, Egbert Benson, John Lowell, James Sullivan, Theophilus Parsons and Rufus King, severally sign, seal and deliver the within Instrument as their, and each of their free and voluntary act and deed, to and for the uses and purposes therein mentioned, and that George Wyllys, Thomas Seymour, Jesse Root, D. Humphreys, William Imlay, Simeon De Witt and Nathaniel Bethune, the other subscribing witnesses, were also present, and did together with the deponents sign and subscribe their names as witnesses to the execution thereof, and I having inspected the said Instrument, and finding no interlineations, or material erasures therein except those noted, in the body thereof to have been made before the execution thereof, do allow the same to be recorded. Rid Morris, Secretary's Office, Office of the State of New York. ss. I certify that the within Instrument and certificate are recorded in the said Office in book of miscellaneous records,
A
endorsed M R page 38 &c. examined and compared with the
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said record, copy thereof, this second day of February 1787, by me Robt. Harpur D. Secy. Secretary's Office of the State of New York. ss. I do hereby certify the aforegoing to be a true copy of the original thereof remaining in the said Office (the word "hath" between the 27 and 28 lines, and the syllable "in" between the 45 and 46 lines, being first interlined, and the words "excises" on the 39th and "Rid Morris" on the 62d lines being first written on Razures) examined and compared therewith this 8th. day of August 1787 by me.
Robt. Harpur D. Secy"
1On the question to agree to this motion the yeas and nays being required by Mr [Melancton] Smith
[Note 1: 1 Charles Thomson resumes the entry.]
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So the question was lost.
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1The Secretary of the United States for the department of Foreign Affairs to whom was referred a Letter2 of the 28h day of August last from the Encargado de Negocios of his Catholic Majesty inclosing a Charleston paper in which was published a Letter to him dated the 1t day of March last signed John Sullivan late Captain 4h Regiment American light Dragoons, having reported3
[Note 1: 1 From this point the Journal entries were made by Benjamin Bankson and attested by Charles Thomson in the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 411--413. They were also made by Thomson, in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 16607--1662.]
[Note 2: 2 See September 20, 1787.]
[Note 3: 3 See October 4, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 172, the part of this report relative to the apprehending of J. Sullivan was referred to the Secretary at War to report. Report rendered October 12, 1787.]
"That in his opinion the said John Sullivan has by writing and publishing the letter in question committed an offence against the peace and dignity of the United States for which he ought to be punished. That the very imperfect provision as yet made for the judicial cognizance of such cases renders it difficult to point out the manner most proper for Congress to proceed in the present. The expediency of calling upon the Executive of any State to apprehend and cause this man to be tried according to the course of the Laws of the State is questionable, because unless done with a degree of vigor and spirit, the consideration of Congress would be still more diminished. That he The Secretary has been informed that Mr. Sullivan is really a deserter from the late American Army, and was concerned in very seditious practices at Philadelphia about the time that Congress removed from thence. Perhaps it might be well to direct the Secretary at War to report the
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facts respecting the desertion and his opinion what measures can and ought to be taken in consequence of them, his report together with the Letter abovementioned would probably render it expedient to order the Secretary at War to cause the said Sullivan to be arrested in the Western Country and sent under guard to Philadelphia where such of his Offences as might be cognizable by the laws of that State would be properly tried and where such further proceedings might be had against him as facts and circumstances may render proper."
Whereupon
Resolved That the Encargado de Negocios of his Catholic Majesty be informed that Congress consider the conduct of John Sullivan in writing and publishing the Letter of which the said Encargado de Negocios complains as being very reprehensible and that they will cause such proceedings to be had against the writer as the laws of the land prescribe. And further that Congress will on this and every other occasion interpose their authority to frustrate and punish all such designs and measures as may be calculated to interrupt and disturb the peace and good understanding which happily subsist between his Catholic Majesty and the United States.
Ordered That the Secretary at War report the facts respecting the desertion of John Sullivan, And his Opinion what measures can and ought to be taken in consequence of them.
Chas Thomson Secy
[Motion respecting inspection of copper coinage 1]
[Note 1: 1 Papers of the Continental Congress, No. 26, p. 676. This motion was also entered in the Committee Book, Papers of the Continental Congress, No. 190, p. 172. According to indorsement and the Committee Book, the motion was referred to the Board of Treasury to take order.]
R. That the Bd. of Treasury be empowered to inspect the Copper coinage contracted for under the resolve of the 21 day of April 1787.
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[Report of committee respecting the requisition of 17871]
[Note 1: 1 Papers of the Continental Congress, No. 26, pp. 662--664, in writing of Benjamin Bankson, read October 8, 1787. The report was made order of the day for October 9 and passed October 11, 1787. The portions of this report underlined by the editor were struck out or amended in the adoption.]
Report of a Committee consisting of Mr. [John] Kean, Mr. [James] Madison, Mr. [Nathan] Dane, Mr. [Melancton] Smith and Mr. [William] Grayson, to whom was referred the report2 of the Board of Treasury and a Motion3 of Mr. [John] Kean's respecting the requisition for 1787.
[Note 2: 2 See September 29, 1787.]
[Note 3: 3 See October 5, 1787.]
That from the several papers referred to them it appears, That there is wanting for the services of the Year 1787, the payment of One Year's Interest on the foreign debt and such part of the principal as becomes due in the year 1788 And the payment of One Year's Interest on the domestic debt the sum of 3,009,798.64 dollars.
That of the aforesaid sum 1,309,391.64 dollars, is absolutely necessary in Specie.
That there has been demanded from the States in years 1784, 1785, and 1786 a greater sum in specie than was necessary for the services of those Years, which surplus amounts by the annexed Schedule marked C. to 1,200,000 dollars.
That there are large sums due from the States on former requisitions, both in Specie and in Indents for Interest.
The Committee have carefully examined the Opinion of the Board of Treasury with respect to making a demand upon the States for the whole sum in Specie, but after mature consideration are of opinion that the good consequences hoped by the Board will not flow from the measure, and that the domestic Creditors will not be benefited so much by the change as the other parts of the community will be distressed, therefore as Congress is the common guardian of the whole, Your Committee cannot recommend the measure, but considering the present situation of the Union would recommend as great a forbearance in the demand for Specie as the nature of the case will admit.
Your Committee also beg leave to remark that in their opinion many difficulties have arisen from the restrictions made in former requisitions, in the issuing of the Indents of Interest, the making them receivable only for the year in which they were issued and then only when accompanied by a proportion of Specie and declaring that
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after a certain period they should not be received from the States at the Federal Treasury, all which has served to check the exertions of the States and to keep back the Specie payments.
Nor have they had those beneficial effects expected from them of stopping the issue of Indents where States had not passed Legislative Acts to call them in or keeping up their value and preventing depreciation, but on the contrary have opened a new scene of speculation in transferring the property of a Citizen of a State who have not passed a Legislative Act to a Citizen of a State who has, in addition to which your Committee observe that the Acts of Congress empowering the Board of Treasury to contract for the sale of Western territory also empowers them to issue Indents of interest to the purchasers so that to continue such restriction would operate only to the injury of a few and be no public benefit, impressed with these ideas the Committee submit the following Resolves.
R. That for the services of the year 1787, for the payment of one years interest on the Foreign debt and such part of the principal as becomes due in the year 1788, and for the payment of one years interest on the domestic debt it will be necessary that 3,009,798.64 dollars be paid into the Treasury of the United States on or before the first day of July next to be appropriated to the following purposes vizt.
And as there has been demanded from the States in the years 1784, 1785, and 1786 1,200,000 dollars in Specie more than was necessary for the services of those years.
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R. That the aforesaid sum of 1,200,000 dollars, together with 109,391.64 dollars in the hands of the Commissioners of Loans in Holland, be and hereby are appropriated to the payment of the Specie part of this requisition anything in former requisitions to the contrary notwithstanding and shall be applied in conformity with the several appropriations in the preceding part of this report giving preference according to the order in which they are stated in the estimate.
As 1,700,407 dollars, called for are to be applied to the payment of the payments of the interest due on the domestic debt of the United States.
R. That the several States be allowed to discharge the same by Indents for Interest on Loan Office Certificates and upon other Certificates of the liquidated debts of the United States in such manner as they judge most expedient, and to ascertain the evidences of Interest due on Loan Office Certificates, the holders thereof respectively shall be at liberty to carry them to the Office from which they issued, and the holders of other Certificates of liquidated debts of the United States to carry the same to the Loan Office of that State wherein they are Inhabitants or if Foreigners to any Loan Office within the United States and to have the interest thereon settled and certified to the last day of the year 1786 any thing in the requisitions for the years 1784, 1785 and 1786 to the contrary notwithstanding.
R. That the quotas of the several States of the aforesaid sum of 1,700,407 dollars, in Indents be as follows, viz.
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That the foregoing requisition is made in virtue of the powers of the Confederation and is obligatory on the States as such, and when paid shall be passed to the credit of the States respectively, on the terms prescribed by the resolve of Congress of the 6'day of Oct. 1779.
R. That the Board of Treasury furnish the several Loan Officers with Indents to be issued for Interest as aforesaid and also with such checks and instructions as they from time to time shall judge necessary to prevent counterfeit certificates of debts from obtaining a settlement of Interest and to detect counterfeit evidences of Interest and thereby to avoid receiving them in discharge of taxes; which Indents of Interest being parted with by the holders of the principal shall be deemed evidence that he has received satisfaction for the same and therefore shall be receivable from the bearer in lieu of money in any other State in the Union as well as in the State in which they were issued. That the State paying such Indents of Interest into the Federal Treasury shall have credit therefor, which payment shall be considered as a discharge of the Interest on the domestic debt in the proportion that each State avails itself of the said Indents of Interest, but no State shall have a right to pay more than its quota as specified in the existing requisitions of Congress in the said Indents of Interest.
R. That the Board of Treasury be and they are hereby directed to transmit to each State an Account of their respective Arrears in Specie and in Indents, to state to them the impediments that the public service has suffered, and the accumulation of foreign and domestic embarrassments that have arisen from their delinquency, to press upon them the absolute necessity of their making payment of their Arrears of Specie, as it is the only fund on which Congress can rely for the support of the Federal Government and to remind those States who continue particularly delinquent, that they must be considered as responsible for all the evils which will inevitably flow from a disregard to the political obligations by which they are constitutionally bound.
R. That such part of the requisitions of the years 1784, 1785 and 1786 as restricts the receit at the public Treasury of Indents of Interest without a certain proportion of Specie, those parts which declare that after a certain day those States which have not paid their quotas shall be held to pay the same in Specie and such part as prevent the receiving of the Indents issued in one year in payment of taxes for another be and they are hereby repealed. And it is
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hereby declared that the Indents issued in 1784, 1785 and 1786 or under the present requisition shall be indiscriminately received in payment of any States quota of Indents of Interest.
[Report of Secretary for Foreign Affairs on letter of J. P. Jones1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 13--15, read October 8 and passed October 25, 1787.]
Office for Foreign Affairs
6th. October 1787.
The Secretary of the United States for the Department of foreign Affairs, to whom was refered a Letter2 of the 12th. July last, from Chevalier Paul Jones,
[Note 2: 2 See July 20 and September 29, 1787.]
Reports,
That several Questions arise from this Letter, and
Doctor Franklin, in his Letter of the 21st. July 1785, mentions that the Court of Denmark had offered £10,000 Sterling, as a Compensation for them, which he refused to accept, as they had been valued to him at £50,000.
As the Conduct of Denmark in that Instance was a Violation of the Laws of Nations, nothing but the particular Situation of the United States should, in his Opinion, induce Congress either to demand, or accept of, less than full and adequate Compensation; but as that Degree of Decision in the Negotiation, could not (if necessary) be supported by correspondent Measures, a Mode of proceeding will, he thinks, be expedient.
These Questions involve the Consideration of the Men, as well as the Measures to be adopted, and, therefore, for the Reasons assigned in a former Report, Your Secretary thinks he should forbear reporting his Opinion.
If Congress should prefer the first Mode suggested, then he thinks the following Resolutions would be proper, Vizt.
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Resolved, that the Minister of the United States at the Court of Versailles be, and he hereby is, authorized and instructed to represent to his Danish Majesty (either by repairing for that Purpose to Copenhagen or otherwise, as his Discretion and Circumstances may direct) that the United States continue to be very sensibly affected by the Circumstance of his Majesty's having caused a number of their Prizes to be delivered to Great Britain during the late War; and the more so, as no part of their Conduct had forfeited their Claim to those Rights of Hospitality which civilized Nations extend to each other.
That not only a Sense of the Justice due to the Individuals interested in those Prizes, but also an earnest Desire that no Subject of Discontent may check the Cultivation and Progress of that Friendship which they wish may subsist and increase between the two Countries, prompt the United States to remind his Majesty of the Transaction in Question; and they flatter themselves that his Majesty will concur with them in thinking, that as Restitution of the Prizes, is not practicable, it is reasonable and just that he should render, and that they should accept, a Compensation equivalent to the Value of them.
Resolved, That the said Minister be further authorized and instructed finally to settle and conclude the Demands of the United States, against his Danish Majesty, on account of the Prizes aforesaid, by such Composition, and on such Terms as may be the best in his Power to obtain.
As to the Reception, Disposition and Division of the Money, whether more or less, your Secretary thinks they are Matters appertaining to the Treasury Department; and, therefore, doubts the Propriety of his declaring his Sentiments respecting them.
If Congress should prefer the second Mode suggested, then it would be proper to correct the first of the above Resolutions, by striking out the Parenthesis in the first Sentence of it, and, also, to pass a further Resolution of the following Tenor, vizt.
Resolved, That, as it would probably be inexpedient for Mr Jefferson to leave France, he be, and he hereby is authorized, as soon as he shall think proper, to dispatch the Chevalier Paul Jones to the Court of Denmark with such Powers and Instructions relative to the above mentioned Negotiation, as, in his Judgment may be most conducive to the successful Issue thereof Provided, that the ultimate
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Conclusion of the Business be not made by the Chevalier [Agent] Jones, without the previous Approbation of Mr. Jefferson.
Resolved, That the Chevalier Jones [sd. Agent or person employed], for his Agency in the Business aforesaid, be allowed [five pr Ct.] for all Expenses and Demands whatever, on that Account.
If Congress should prefer committing the Management of this Affair solely to Chevalier Jones, then it will only be necessary to determine what Character and Compensation should be given him.
The two first Resolutions (mutatis mutandis) will serve for his Instructions.
written to Congress, by the Minister of the Marine of France by Order of the King on the 30th. Day of May 1780, in favor of Chevalier Jones?[Note 1: 1 Papers of the Continental Congress, No. 168, II, pp. 363--365, copy in French, with translation on pp. 365--366.]
Sovereigns being equals, and this Letter being a Deviation from that Line of Propriety which such Equality seems to prescribe, the Self Respect of Congress opposes their gratifying the Chevalier's wish to enter it at large on their Journals.
Such a Letter would, perhaps, have been more seasonable at a more early Period; but, inasmuch as every friendly Act merits Thanks, and, as the final Settlement of the Affairs of that Squadron, is satisfactory and recent; Your Secretary perceives no material Objections to a Letter like the following, Vizt.
Great and Beloved Friend and Ally,
The just and liberal Principles, on which the Affairs of the Squadron which was under the Chevalier Jones, have lately been settled, not only meet with our Approbation, but afford an Occasion, which we embrace with Earnestness, of presenting to your Majesty our Thanks for the friendly Attention manifested to us in that Armament, and in the distinguished Manner in which you was pleased to honor and reward the Valor and Conduct of our Officer who commanded it.
Permit us to repeat to your Majesty our Assurances that the various and very important Benefits, for which we are indebted to your Friendship and Magnanimity, will never cease to interest us in
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whatever may concern the Happiness of your Majesty, your Family and People.
We pray, &c.
Done, &c.
of the Committee of (Congress, mentioned in the Chevalier's Letter, be taken up, and decided upon?[Note 1: 1 Journals, vol. XIX, pp. 390--391.]
Although your Secretary thinks the Chevalier merits highly of the United States, yet, as the Report in Question remains before Congress, it is a Subject, on which, in his Opinion, he ought to be silent.
Congress having no Power to ordain and establish such a Regulation, Your Secretary thinks that an Investigation of its Expediency, would at present be premature.
All which is submitted to the Wisdom of Congress
John Jay.
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