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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 --THURSDAY, JULY 26, 1787.
Congress assembled present Massachusetts New York New Jersey Pensylvania Delaware Virginia North Carolina and Georgia and from Rhode island Mr [James Mitchel] Varnum and from South Carolina Mr [John] Kean.
1The delegates for Georgia having moved2 as follows to wit
[Note 1: 1 From this point to the end of the proceedings on the Georgia motion the margin of the Journal is marked with dots, in the form used elsewhere to indicate transfer to the Secret Journals. However, this proceeding was not so transferred.]
[Note 2: 2 This motion was made July 21, 1787.]
"Whereas by information from the Superintendant of Indian Affairs for the southern department there is reason to apprehend that the Creek Indians are meditating a serious blow against the inhabitants of the state of Georgia; and whereas it is the wish of Congress to preserve peace and harmony with the said Indians and to prevent as far as may be consistent with the honor and dignity of the United States the necessity of appealing to arms to repel
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any attack made on the citizens of the Union be it therefore resolved that it be recommended to the state of Georgia to use every possible means to preserve peace and friendship between the citizens of that State and the upper and lower Creek Indians. That the Superintendant of Indian Affairs in the southern department be directed to inform the said Indians that if any misunderstanding should happen or the said Indians should think themselves aggrieved the same ought to be communicated to the legislature of that state or made known through him the said Superintendant to Congress for redress. That Congress are bound to draw forth a sufficient number of the forces of the Union to punish any nation or tribe of Indians that shall attempt to make war on either of the United States by attacking or killing any of their citizens."
A motion was made by Mr [Melancton] Smith seconded by Mr [Nathan] Dane that the said motion be committed. And on the question for commitment the yeas and nays being required by Mr [William] Pierce
{table}
So it was resolved in the affirmative.
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On the report1 of a comee. consisting of Mr [Nathan] Dane Mr [Benjamin] Hawkins and Mr [William] Pierce to whom was referred a letter2 from the postmaster genl,
[Note 1: 1 See July 23, 1787.]
[Note 2: 2 See July 16, 1787.]
Resolved That the post master general be and he is hereby authorised and instructed to enter into contracts with sufficient security for the conveyance of the mails for one year commencing on the first day of January next from Portland in Massachusetts to Savannah in Georgia by Stage carriages if practicable and that the same be done by four or more separate contracts; and in case of only four contracts the first to extend from Portland to New York; the second from New York to Philadelphia; the third from Philadelphia to Suffolk in Virginia and the fourth from Suffolk to Savannah by such route as the postmaster general may find most convenient.
Resolved That so far as respects the Contract from Suffolk to Savannah the postmaster general may agree that the Mail shall be carried twice a week from the first of May to the first of November and once a week from the first of November to the first of May.
[Report of committee on motion of Mr. Grayson3]
[Note 3: 3 Papers of the Continental Congress, No. 26, p. 653, in the writing of Mr. William Few. Read July 26, 1787. See July 24, 1787.]
The Committee consisting of [Mr. William Few, Mr. William Grayson and Mr. Benjamin Hawkins,] to whom was refered a motion of Mr [William] Graysons
Report the following Resolve
That it be recommended to the different States to pass laws inflicting punishment on all coiners of money, not authorised by law, and to prohibit the importation of Copper coin from any foreign Country.
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[Report of committee on unjust attacks on Indians1]
[Note 1: 1 Papers of the Continental Congress, No. 30, pp. 317--319, in the writing of Mr. Nathan Dane. Read July 26, 1787. See July 19, 1787.]
The Committee consisting of [Mr. Nathan Dane, Mr. William Grayson, and Mr. Abraham Clark] to whom was referred a Clause in a report of a Committee relative to making provision for preventing wanton and unjust attacks upon the Indians, report that on carefully examining the subject referred to their consideration, they are fully convinced, that some early and effectual measures must be adopted by Congress, and the several States, whose frontiers are contiguous to the Indians, to prevent the further progress of the mutual depredations and hostilities between the Indians and some of the frontier Inhabitants of those States; the Committee are fully of Opinion, that unless a Stop be put to those mutual Injuries, they must soon produce a strong confederacy of the Indians on the frontiers, and all the calamities of a general Indian war and expose to the merciless revenge of the Savages, not only the few guilty, but all the innocent Inhabitants of the frontier Settlements, that the murders and evils complained of, are the result of repeated aggressions, as well on the part of some of the frontier Inhabitants, as on the part of the Wabash and several other tribes, that mutual Injuries and apprehensions have produced so great and deep rooted animosities that no peace or cessation of hostilities can, reasonably, be expected to subsist between the parties, while an opportunity remains to lawless persons to attack the Indians with impunity, but as there is, at present, no system of civil law established in the territory of the United States North west of the river Ohio, whereby the conduct of individuals can be controuled, or their offences or Crimes prevented or punished therein, the committee conceive, that, however it ought, in general, to be an object with Governments to try and punish Offenders, not in military service, according to the Course of the civil laws of the land, yet, until such laws can be established in that territory, it is highly expedient, in the present state of things there, to try and punish offenders, who shall make unauthorised attacks upon the Indians, by such laws as can be carried into effect so [and with such decision] as to stop the further progress of the lawless proceedings of individuals towards the Indians.
Wherefore the Committee submit the following resolves
Resolved, That no person, not an inhabitant of, or an officer or soldier stationed in the territory of the United States North west of
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the river Ohio, shall, after the first day of September next, and until the first day of September 1788, be allowed to pass through any part of the said territory, without a permit, allowing him or her, to pass to and from a place or places particularly named, Signed by the Secretary at war, the Superintendant of Indian Affairs in the Northern Department the commander of the federal troops [or commander of a separate post] the geographer of the United States, or by some other officer named for that purpose, by the Secretary at war; and any such person found in any part of the said territory, during the period aforesaid [without such permit] or not licensed to be among the indians according to the Ordinance1 for regulating Indian Affairs passed August the 7th. 1786, shall be arrested by the officers commanding the federal troops therein, or on the frontiers of the State, confined not exceeding 8 days, and sent to the frontiers of one of the States [and for a second or third offence shall be liable to be whipped not exceeding forty Stripes.]
[Note 1: 1 Journals, vol. XXXI, pp. 490--493.]
And if any person in the said territory not otherwise liable to be punished for his or her offences shall kill, wound, assault or beat any Indian; destroy, secretly, or forceably, take away his or her property without lawful authority such person shall be arrested, confined, tried and punished in the same manner as the soldiers in the actual service of the United States in the said territory, may be arrested confined, tried, and punished for like Offences, and this law for punishing wrongs done to the Indians shall remain in force until other laws shall be made for trying and punishing the same wrongs.
Resolved, that it be recommended to the States of New York, Pennsylvania, Virginia, North Carolina, and Georgia to pay particular attention to the execution of their respective laws for preventing their Citizens respectively, from wrongfully invading the fights of the Indians, and to the revision of those laws where the same may be inadequate to the purposes of preventing Injuries being done to them when within the limits of the respective States.
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[Report of Board of Treasury on loan1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 5--12, read July 26, 1787. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 391. According to indorsement the subject was made order for Monday and the contract was ratified October 11, 1787. See July 23, 1787.]
The Board of Treasury to whom was referred a Letter of the 23d May last, from the Honble. Mr. Adams, together with two Copies of Letters of the 15th. and 18th. of the same Month, from Messrs. Wilhem and Jan Will'ink, and Nicholas and Jacob Van Staphorst, Commissioners of the Loans in Holland,
Beg leave to Report,
That it appears by the said Letters, that in consequence of a disappointment in the Funds destined for the payment of the Interest, which became due on the Dutch Loans, in the Month of June last, the Commissioners had effected a Loan in Holland, with the approbation and concurrence of the Honorable Mr. Adams, for One Million of Florins.
That the Letters of the said Commissioners state, that the said Loan will cost the United States Eight per Cent, including Premium, Brokerage, &c; but as it is observed by these Gentlemen, that the Loan was opened on the same Terms with the five per Cent Loan, it must be presumed, that the meaning of the said Commissioners is, that the Interest for the first Year, including the charges &c. will be Eight per Cent; that is, the rate of Interest five per Cent; Premium and Charges Three per Cent.
On the above Reference, two questions present themselves. The first, whether the opening the said Loan was, under the circumstances stated by the Hon'ble. Mr. Adams and the Commissioners of the Dutch Loans, necessary. The second, whether the terms are such, as the United States ought from the same considerations to ratify.
In order to shew the necessity of the said Loan, it is stated by the said Commissioners,
1st. That certain Bills of Exchange remitted by the Commissioners of the Board of Treasury, for the payment of the June Interest had not been accepted, amounting to 75,000 Florins, and 2d, That the considerable Drafts made on them by the Hon'ble. Mr. Jefferson and Mr Adams, had reduced the Balance, at that time in their hands, much below the Statement made by the Board of Treasury. What the
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amount of these Drafts are, the Board cannot ascertain, no Account Current having accompanied these Letters.
By this Statement it appeared to the Board, that the deficiency including what Mr. Adams might probably have occasion to draw for, would not exceed 100,000 Florins, or 40,000 Dollars, and as the Commissioners of the Loans had before appropriated 60,000 Florins of the Monies in their hands, towards the payment of Premiums of the former Loan, (which might have been discharged agreeably to Contract by New Bonds,) the Board did not doubt, but on their assurance of providing for the balance the Commissioners would make up the Sum necessary for the June Interest.
This assurance, the Board gave to the Commissioners, relying on the Specie Tax of the State of Virginia in a particular manner, for enabling them to fulfill their promises. A resource, which for the present, is at least suspended, if not diverted to other purposes than those of the Union.
When this Statement was made, the Board had no reason to suppose, that any considerable Disbursements on account of the Barbary Treaties, would diminish the Monies in the hands of the Commissioners of Loans; because they knew the Treaty with Morocco was concluded; that considerable Sums appeared to have been drawn from the Commissioners which they presumed was for that purpose; and that there was no probability of concluding a Treaty with Algiers, which was judged the most expensive object.
From the disappointment which attended the remittance of Messrs. Constable, Rucker, & Co's. Bills, added to the Drafts made by Mr. Adams and Mr. Jefferson, we presume, that instead of One hundred thousand Florins, which on the calculations of the Board, the Commissioners
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of Loans would have had to Advance, on the first of June last, in order to complete the June interest, the Sum necessary for that purpose could not be less than twice that amount.
Under such circumstances, a further Loan became in the opinion of the Board necessary, to prevent the total ruin of our Public Credit with the Money Lenders in Holland; And as no States in the Union, except those of Virginia and New York, have past Acts in pursuance of the Requisition1 of the 2d of August 1786, it is probably fortunate, that the Commissioners have been able to succeed in extending it to a Million of Florins. By these means the credit of the United States in Holland may be preserved fore one Year more; an object which could not otherwise have been hoped for by means of the Requisitions, which in all probability will not produce in that period, more than what will be sufficient for the support of the Civil Establishment.
[Note 1: 1 Journals, vol. XXXI, pp. 461--465.]
As to the Terms, which are said to be those of the Five Million Loan, the Board are of Opinion, that considering the present situation of these States, the scarcity of Money in Europe, and the short time which Mr Adams had to complete the Negotiation in, that they are as favorable as could have been reasonably expected. The rate of Interest for the first Year, including charges &c. appears high; but when it is considered, that this Sum was absolutely necessary for Foreign Remittances in the course of eighteen Months; and that the Remittance of the same at the current rate of Exchange, together with the loss of Interest on Monies, from the time, they could be invested in Bills of Exchange, and those Bills paid in Europe, would exceed the rate of Interest and Charges for the first Year, the Negotiation will not appear disadvantageous to the United States; for if Funds could have been raised to an equal amount in this Country, the reverse of which is the case, the state of the Negotiation would have been as follows, viz.
Congress will observe, that notwithstanding the embarrassments which the General Treasury have been subjected to for the space of more than Eighteen Months, from an almost total stagnation in the receipt of Taxes, that this Board have not thought it advisable to recommend an augmentation of the Foreign Debt; A circumstance
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which from the present unfavorable state of the Finances of this Country, as well as its Commerce, ought by every possible means to be avoided.
The United States in Congress have on their part done every thing within the present powers of the General Constitution to induce the several States to comply with their respective Quota's, so as not only to render an augmentation of the Foreign Debt unnecessary, but to provide for its reduction; The States therefore, and particularly those which have been most delinquent in the payment of their several Quotas into the General Treasury, are responsible for the ill consequences, as well as the expence, accruing on the augmentation of the Foreign Debt.
On the whole, it is the Opinion of this Board, that the conduct of the Honorable Mr. Adams, and of the Commission of the Dutch Loans, in completing a Loan for One Million of Florins, on the terms of the former Loan of Five Millions, should be approved of; And that a ratification of the same in the usual form, should be transmitted without delay.
All which is humbly Submitted
Samuel Osgood
Arthur Lee
July 25th. 1787.
[Report of Secretary for Foreign Affairs on return of Mr. Adams1]
[Note 1: 1 Papers of the Continental Congress, No. 81, III, pp. 127--132, read July 26, 1787. See April 11, July 23 and October 5, 1787.]
Office for foreign Affairs
26th. July 1787
The Secretary of the United States for the Department of foreign Affairs, to whom was referred two Letters from the Honorable Mr. Adams of the 24th. and 27th. January last,
Reports,
The first of these Letters gives Occasion to several Questions.
Shall Mr. Adams return after the Expiration of his commission to the Court of London, vizt. 24th. Feby. 1788
Your Secretary is persuaded that Mr. Adams really wishes and means to return next Spring, and therefore thinks it would be proper for Congress to Resolve, that the Hon'ble John Adams Esqr., the Minister Plenipotentiary of the United States at the Court of London, be permitted (agreeably to his Request) to return to America at any
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Time after the 24th. February in the Year of our Lord 1788; and that his Commission of Minister Plenipotentiary to their High Mightinesses do also then determine.
Resolved, that Congress entertain a high Sense of the Services which Mr. Adams has rendered to the United States in the Execution of the various important Trusts which they have from time to time committed to him, and that the Thanks of Congress be presented to him for the Patriotism, Perseverance, Integrity and Diligence with which he has ably and faithfully served his Country.
The second Question arising from this Letter is, whether it will be expedient for the United States to appoint another Minister to take the place of Mr. Adams at the Court of London?
On this Head your Secretary is of Opinion that it will be expedient to appoint another, because there do exist Differences between the United States and the Court of London which cannot too soon be adjusted, which must become the Subject of occasional Explanations and Negociations, and which on the part of the United States cannot be so well managed and conducted, as by means of au intelligent and discreet Minister on the Spot. Your Secretary's Feelings strongly prompt him to retaliate the neglect of Britain in not sending a Minister here; but as he conceives that such Retaliation would eventually produce more Inconveniences that Advantages, he thinks it had better be omitted; especially as he is persuaded that this neglect will cease the Moment that the American Government and the Administration of it shall be such as to impress other Nations with a Degree of Respect, which various Circumstances deny to Congress the Means of imposing at present. He thinks it should be the Policy of the United States at present to keep all Things as smooth and easy, and to expose themselves to as few embarrassments as possible, until their Affairs shall be in such a Posture as to justify and support a more nervous Stile of Conduct and Language.
Britain disputes the Eastern Boundary of the United States, she holds important Posts and Territories on the Frontiers, and she complains that the Treaty of Peace has been violated by America. These Affairs are important, and the Management of them requires Prudence and Temper, especially considering how little the actual State of our national Affairs tends to repress the Influence, either of unfriendly Dispositions and Passions, or of that kind of Policy which the Weakness of Neighbours is very apt to suggest and promote. If Congress
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should concur in the Opinion that a Minister to succeed Mr. Adams should be appointed, a Resolution like the following would perhaps be the most proper.
Whereas divers important Affairs still remain to be arranged and adjusted between his britannic Majesty and the United States, which on their part cannot be so well conducted as by means of a Minister Plenipotentiary at the Court of London, therefore
Resolved, that a Minister Plenipotentiary to reside at that Court be appointed, and that his Commission take Effect on the 25th. day of February 1788 and continue in Force for the Space of three Years thereafter unless sooner revoked.
Your Secretary conceives it would be best that this Minister should be appointed so early as that he might have Time to reach London by the first of February, in Order that he may have an Opportunity of receiving Information from Mr. Adams respecting Characters and Affairs, and that the Progress of the Business of the Legation may not be stopped by the Expiration of Mr. Adams Commission.
But if Congress should either not incline to appoint another Minister, or should think proper to postpone it so long as that he will not probably be in London in February, then he thinks it would be right to consider another Question arising from the Letter, vizt.
Whether it would be expedient to constitute Coll. Smith Chargé des Affaires?
On this Head your Secretary finds himself embarrassed; for on the one Hand he esteems Coll. Smith as a Gentleman of acknowledged Merit, who has uniformly deserved well of his Country; and on the other, the Light in which the Duties of his Office have hitherto been viewed, gives the Colour of Propriety only to his reporting on the Expediency of Appointments, and not on the Persons most proper to be appointed. And as the Letter referred to him arid now under Consideration, does nevertheless raise the Question relative to the Person as well as the Place, he thinks it proper to make these Remarks, lest, (if not adverted to) his omitting to report on the former as well as the latter, might be ascribed to other than the true Reasons. He thinks that, if when Mr. Adams quits the Affairs of the Legation, they are not to pass immediately into the Hands of a Successor, there can be little Doubt of the Expediency of appointing a proper Person to take Charge of them.
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In that Case therefore, it would in his Opinion be proper to Resolve, That a Person be appointed to take Charge of the Affairs of the American Legation at the Court of London, from the Expiration of the Commission of the present Minister, to the Arrival there of another Minister to succeed him, or until the further Order of Congress.
The next Question that arises on this Letter is, what should be done respecting the Commissions granted jointly to Mr. Adams and Mr. Jefferson?
One of two Things may be done, vizt. either appoint a Successor to Mr. Adams and associate him with Mr. Jefferson, or commit the Execution of those Commissions solely to Mr. Jefferson.
Your Secretary further reports, that the Courts of London and the Hague will naturally be desirous to know the Intentions of Congress relative to their appointing Ministers to succeed Mr. Adams at both; and he wishes to be directed on this Subject, in order that his Letters to Mr. Adams may perfectly correspond with the Views of Congress.
All which is submitted to the Wisdom of Congress.
John Jay.
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