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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 --SATURDAY, OCTOBER 13, 1787.
Congress assembled. Present Massachusetts New York New Jersey, Pensylvania, Delaware, Virginia, North Caro and South Carolina and from New hampshire Mr [Nicholas] Gilman, from Connecticut Mr [Joseph Platt] Cook from Maryland Mr [David] Ross and from Georgia Mr [William] Few.
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[Report of Board of Treasury on memorial of E. Coupar and W. Ballard 1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 263--265, delivered October 13, 1787.]
The Board of Treasury to whom was referred the Petition2 of Edward Coupar, and William Ballard,
[Note 2: 2 See Journals, vol. XXX, p. 344n. According to indorsement on the report, the petition and papers were sent to the Commissioner of Marine and Hospital Department on October 13, 1787.]
Beg leave to Report,
That the Memorialists claim compensation for their service, and Expences, in proceeding as Pilots, from the State of Virginia, to Philadelphia, in the Year 1775; in pursuance of directions given by the Marine Committee; in order to Pilot the Fleet of Commodore Hopkins, to the Coast of Virginia.
That, on a former Application on this Account, from the same parties, it appears that the late Agent of Marine, reported3 on the 16th. July 1783,
[Note 3: 3 Journals, vol. XXIV, p. 435--436.]
"That the services rendered by Messrs. Coupar and Ballard, were previous to the Requisitions for the services of 1782, and 1783; so that no Monies now in the Treasury can properly be applied to the Payment of what those services may, on a proper investigation, appear to be really worth.
"That the Commissioner appointed to settle the Accounts of the United States, in Virginia, is authorised to adjust the value of services, rendered by the citizens thereof, to the United States, at the time, and place, where they were rendered, according to the principles of Equity, and authority which is vested in him, completely and exclusively: That therefore Messrs. Cooper and Ballard, must apply to the said Commissioner, who, if he should find the United States, to be in their Debt, will give them Certificates, like to those, which are given to other creditors of the said States; and will transmit such materials to the Commissioner for settling the Accounts of the Marine Department, as will enable him to make proper charges in those Accounts;" which Report was agreed to by Congress.
That since the date thereof, no Provision has been made by any Requisitions, for paying in Specie, any claims which have originated, previous to the period above stated; The Board are therefore of
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Opinion, that the claim of the Memorialists, must be liquidated, in the same manner, with other claims, against the United States; and in order to effect this, (as the Office of the State Commissioner is abolished, and the claim is founded on an Expenditure, in the Marine Department,) they submit to the consideration of Congress, the following Resolve,
That the claim of Cooper and Ballard, of the State of Virginia, be referred for Examination, and final adjustment, to the Commissioner of Accounts, for the Marine Department.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
Board of Treasury
October 12th. 1787.
On a report of the board of treasury to whom was referred a petition of Edward Cooper and William Ballard
Resolved That the claim of Cooper and Ballard of the State of Virginia be referred for examination and final adjustment, to the commissioner of Accounts for the marine department.
1On a report2 of the Secy at War to whom was referred an extract of a report3 of the Secy for foreign Affairs on the case of John Sullivan
[Note 1: 1 From this point to the end of the proceeding on John Sullivan the margin of the Journal is marked with dots to indicate transfer to the Secret Journals. See below.]
[Note 2: 2 See October 12, 1787.]
[Note 3: 3 See October 4 and 8, 1787.]
Whereas a certain John Sullivan, stiling himself "late captain 4 regiment American light dragoons" has written an inflamatory and unwarrantable letter to the Encargado de Negocios of his Catholic Majesty bearing date the first day of March 1787 tending to interrupt and injure the peace and mutual confidence which so happily subsist between the United States and his said Catholic Majesty therefore
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Resolved That the Secretary at War direct the commanding officer of the troops of the United States on the Ohio, that, if the said John Sullivan come within the federal territory, he cause the said J. Sullivan to be seized and confined in order that he may be legally tried and punished according to the nature and degree of his crime.
On a report1 of the Secretary for foreign Affairs to whom was referred a letter2 to him from the Minister of the United Netherlands enclosing a Note of the same date complaining of an Act of the legislature of the Commonwealth of Virginia exempting french brandies imported in french and american vessels from certain duties to which the like commodities imported in dutch vessels are left liable as being contrary to the 2d. Article in their treaty with the United States stipulating that they shall be treated as the most favoured Nation
[Note 1: 1 See March 15, 1787. See also August 2 and September 24, 1787. See Secret Journal below this date.]
[Note 2: 2 See March 1, 1787.]
Resolved That whenever any of these States shall think proper to grant a favour to any foreign Nation such State ought to extend it to such other foreign Nations as by treaties with the United States are to be treated as the most favoured Nation.
Resolved That a copy of the above resolution and of the representation of the Minister of the United Netherlands be transmitted to the Commonwealth of Virginia to the end that the legislature of that Commonwealth may take the earliest Opportunity of revising the Act of which the said Minister complains and rendering the same perfectly consistent with the treaty subsisting between the United States and the United Netherlands and of causing to be repaid whatever extra duties may in virtue of the said Act be exacted on the brandies there imported in dutch vessels during the Operation of the same.
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1On a report2 of the Secretary at War
[Note 1: 1 From this point to the end of the day the Journal entries were made by Charles Thomson and Richard Alden in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1662--1672. Thomson begins the entry. The proceeding regarding John Sullivan was also entered by Benjamin Bankson, in the Secret Journal Domestic, Papers of the Continental Congress, No. 3, p. 237. See also Public Journal above.]
[Note 2: 2 See October 12, 1787.]
Whereas a certain John Sullivan, stiling himself "late captain 4 regiment American light dragoons" has written an inflamatory and unwarrantable letter to the encargado de negocios of his Catholic Majesty bearing date the first day of March 1787 tending to interrupt and injure the peace and mutual confidence which so happily subsist between the United States and his said Catholic Majesty therefore
Resolved That the Secretary at War direct the commanding Officer of the troops of the United States on the Ohio that, if the said John Sullivan come within the federal territory, he cause the said J Sullivan to be seized and confined in order that he may be legally tried and punished according to the nature and degree of his crime.
A motion3 being made by Mr [Pierce] Butler seconded by Mr [John] Kean that it be Resolved That Congress entertain the highest sense of the friendly disposition of his Catholic Majesty towards the United States and that it is their ardent desire and fixed intention to preserve uninterrupted that good understanding at present subsisting between the United States and his Catholic Majesty And that Congress should have given evidence of their friendship for his Catholic Majesty and his subjects by entering on an adjustment of every unsettled matter subsisting between them were they not prevented
[Note 3: 3 Papers of the Continental Congress, No. 25, II, p. 485, in the writing of Mr. Pierce Butler.]
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for the present by pressing domestic concerns which engross the whole of their attention at this time." On the question to agree to this the yeas and nays being required by Mr [Pierce] Butler
{table}
So the question was lost.
The Secretary of the United States for the department of foreign Affairs to whom was referred a letter 1 to him from the Minister of the United Netherlands of the 20 of february last enclosing A note of the same date complaining of an Act of the legislature of the Commonwealth of Virginia exempting french brandies imported in french and American vessels from certain duties to which the like commodities imported in dutch vessels are left liable as being contrary to the Second-Article in their treaty with the United States stipulating that they shall be treated as the most favoured Nation having reported2
[Note 1: 1 See March 1, 1787.]
[Note 2: 2 See March 15, 1787. See also August 2 and September 24, 1787.]
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1That although he has no official knowledge of the said Act, yet from the account given of it in the said Note, and from other information, he believes that such an Act exists.
[Note 1: 1 Roger Alden takes up the entry.]
The second and third Articles in the treaty with France respect this subject, the second is in these words, "The most christian King and the United States engage mutually not to grant any particular favor to other nations in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same favor freely, if the concession was freely made, or on allowing the same compensation if the concession was conditional".
The second Article in the treaty with the United Netherlands on the same subject is in these words, viz. "The subjects of the said States General of the United Netherlands shall pay in the ports, havens, roads, countries, Islands, cities or places of the United States of America, or any of them, no other nor greater duties, or imposts of whatever nature or denomination they may be, than those which the nations the most favored are or shall be obliged to pay; And they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation and commerce which the said Nations do or shall enjoy, whether in passing from one port to another in the said States, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports.
It is observable that this Article takes no notice of cases where compensation is granted for privileges.
Reason and equity however in the opinion of Your Secretary will supply this deficiency, and give to both articles exactly the same construction and operation in
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those cases. Where a privilege is gratuitously granted, the nation to whom it is granted, becomes in respect to that privilege a favored Nation, and from that circumstance both the Articles in question deduce claims to the like favor, but where the privilege is not gratuitous, but rests on compact, in such case, the favor, if any there be, does not consist in the privilege yielded, but in the consent to make the contract by which it is yielded: for bargains may from their objects and circumstances be sometimes so made, as that the consent to make them, may be deemed a favor. The favor therefore of being admitted to make a similar bargain, is all that in such cases can reasonably be demanded under the article; Besides, it would certainly be inconsistent with the most obvious principles of Justice and fair construction, that because France purchases at a great price, a privilege of the United States, that therefore the Dutch shall immediately insist, not on having the like privilege, at the like price, but without any price at all.
Supposing that this reasoning is just and that the Article ought to be so construed, then the first question that presents itself in the present case is, whether the Grant by Virginia to France of the privilege in question is gratuitous or not?
From the tenor of the Act it does appear to Your Secretary to be gratuitous, and not to partake in the least of the nature of compact.
If this be the true construction of the Act, then in the opinion of Your Secretary, France did thereupon become in respect to the privilege granted, a favored nation, and the Dutch having a right to be treated as the most favored nation, have a just claim to be favored in like manner.
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But they are not favored in like manner, and they complain of it; and hence arises another question viz. What is to be done?
According to the present state of our national Government, the Act of Virginia will doubtless continue to exist, and the Dutch will continue to pay more duties than the French on brandies imported there, until the Act is repealed.
However well disposed Virginia may be, and doubtless is, to correct every mistake, yet some time must elapse before the next Session of their Legislature, and therefore the repeal of the Act cannot take place immediately.
Your Secretary thinks the two following Resolves would be proper, viz.
Resolved that whenever any of these States shall think proper to grant a favor to any foreign Nation, such State ought to extend it to such other foreign Nations, as by treaties with the United States are to be treated as the most favored Nations.
Resolved, that a copy of the above resolution and of the representation of the Minister of the United Netherlands be transmitted to the commonwealth of Virginia, to the end that the Legislature of that commonwealth may take the earliest opportunity of revising the Act of which the said Minister complains, and rendering the same perfectly consistent with the treaty, subsisting between the United States and the United Netherlands and of causing to be repaid whatever extra duties may in virtue of the said Act, be exacted on the brandies there imported in dutch vessels, during the operation of the same.
As the United States have at present no Minister or Representative at the Hague, through whom it would be most proper to convey whatever Congress might think
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proper to communicate to their High Mightinesses on the occasion; Your Secretary thinks it would be well to quiet the minds of the States General on this subject, by directing that copies of the aforegoing Resolutions be given to their Minister, and that he be requested to assure their High Mightinesses, that Congress are well persuaded that the omission of Virginia in not extending to them the favor granted to France, was entirely inadvertent and not designed; and they flatter themselves that the said resolutions, and the respect with which they will be treated by Virginia will fully manifest to their High Mightinesses, the good faith and friendship of the United States in general, and of Virginia in particular.
Your Secretary thinks he ought not to close this report without adding a few remarks which the consideration of this subject suggests, and which make a strong impression on his mind.
If Individual States go into the practice of granting favors to foreign nations, of what nature will those favors be, and what tendency will such a practice have?
By the 6th. Article of the confederation no particular State can send or receive Ambassadors, enter into negociations, contract engagements, form Alliances, nor conclude treaties with any Kings, Princes or States whatever, without the consent of the United States Assembled in Congress.
This Article appears to have been calculated to preserve uniformity, not only in our political, but also in our commercial Systems.
If no Individual State can contract with a foreign power, it follows that the States individually can grant no privileges otherwise than gratuitously.
But would not such a practice naturally tend to introduce a commerce of favors and of privileges, and encourage
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private intrigues and influence to promote and direct it? Would not the uniformity and equality of our commercial system be thereby insensibly deranged? Would not the balance of foreign privileges in time become in favor of some States, and against others; and would not the latter be often constrained to grant favors as inducements to obtain others? Thus by degrees there would be favored and favourite States, thus by degrees the federal head would become less and less important, and the bands of the union become more and more loose and ineffectual.
Your Secretary in making these remarks has no particular State in his eye, he means them as general remarks, and hopes they will be so received and understood.
Whereupon Congress came to the following resolutions1
[Note 1: 1 Here follow the resolves which were entered on the Public Journal above on this same date.]
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[Report of Secretary of Congress on letter of T. Hutchins 2]
[Note 2: 2 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 65.]
On the letter 3 of Mr T. Hutchins and Application from sundry surveyers therein enclosed, stating their loss of time and praying for a compensation
[Note 3: 3 According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 20, this letter was dated October 11 and received October 12, 1787.]
The Secy of Congress reports
That the letter of Mr Hutchins with the Application and papers enclosed be referred to the board of treasury to report.
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