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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, OCTOBER 25, 1787.
Congress assembled present seven states as before and from New hampshire Mr [Nicholas] Gilman
On a report2 of the board of treasury to whom was referred a memorial3 of James Smith
[Note 2: 2 Report of October 11, 1786, Papers of the Continental Congress, No. 138, II, pp. 381--383. See Journals, vol. XXXI, pp. 769--770. According to indorsement the committee report on this subject of October 18, 1786 (See Journals, vol. XXXI, p. 889) was postponed and the report of the Board of Treasury passed.]
[Note 3: 3 Papers of the Continental Congress, No. 42, VII, pp. 263--264, dated October 5 and read October 6, 1786.]
Resolved That the commissioner for settling the Accounts in the late commissary's department be directed to ascertain the interest on the balance of principal by him found due to James Smith on the 24 Novr. 1784 from the time the said balance became due to the 11 Oct 1786 and to issue his certificate for the amount thereof in the usual form.
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On motion of Mr [Melancton] Smith in behalf of The comee. to whom was referred a memorial1 of Baron Steuben having informed Congress that on examining the letters of Mr President Laurens they find one dated 19 feby 1778 to genl Washington by Baron Steuben in which in which is the following paragraph "Upon the arrival of this illustrious stranger at Yorktown Congress ordered a committee consisting of Mr Witherspoon Mr McKean Mr F L. Lee and Mr Henry to wait upon and confer with him to pay the necessary compliments on his appearance in America and to learn explicitly his expectations from Congress and the committee were directed to deliver me the substance of their conference in writing for your excellency's information. All that I have received or know on this head will be seen in an enclosed paper marked "committee's conference with baron Steuben" to which I beg leave to refer your Excellency" that the paper herein referred to would in their opinion throw light on the subject referred to them; whereupon
[Note 1: 1 See October 6, 1787. See also January 22, February 1, and July 25, 1788.]
Ordered That the Secretary of Congress write to Genl. Washington2 for a copy of the paper enclosed in Mr President Laurens' letter of 19 feby 1778 marked "Committee's conference with Baron Steuben.
[Note 2: 2 Washington's reply to the request of this motion is in Papers of the Continental Congress, No. 19, V, pp. 581--582. See January 22, 1788.]
Application3 being made by J M Pintard praying that Sea letters be granted respectively for the ship General Washington burden 350 tons now fitting out at Providence in the state of Rhode island and owned by Messr. Brown Francis and Pintard; and for the ship Jay now fitting out in the port
[Note 3: 3 The application was transmitted to Congress in a letter of John Jay to President of Congress, October 25, 1787. Papers of the Continental Congress, No. 80, III, p. 349. Two certificates of Pintard are on pp. 353--354. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 177, the application was referred to a committee consisting of Mr. Dyre Kearny, Mr. John Kean and Mr. James Madison, which reported on October 25, 1787. The letters were transmitted to the Office for Foreign Affairs on October 26, 1787.]
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of New York owned by citizens of the United States and bound for India.
On motion of Mr [Melancton] Smith seconded by Mr [Abraham] Clarke
Resolved That Sea letters in the usual form be granted for the said vessels.
1On Motion of Mr H[enry] Lee seconded by Mr [Edward] Carrington
[Note 1: 1 From this point to the end of the day 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. 414--415. They were also entered by Thomson in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1672--1673.]
Resolved2 That the Minister of the United States at the Court of Versailles be and he hereby is authorised and instructed to represent to his Danish Majesty 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 encrease 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.
[Note 2: 2 On the subject of the recovery of prize money from Denmark, see September 29, October 8 and 9, 1787.]
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That the said Minister be further authorised 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 and that he be directed to retain in his hands all the Money so recovered till the further Order of Congress.
That the said Minister be and he is hereby authorized in case he shall think it proper, to dispatch the Chevalier J. P. Jones or any other Agent to the Court of Denmark with such powers and Instructions relative to the abovementioned Negotiation as in his judgment may be most conducive to the sucessful issue thereof; provided that the ultimate conclusion of the business be not made by the Agent without the previous approbation of the said Minister.
That the person employed shall, for his Agency in the business aforesaid, be allowed five per Cent for all expences and demands whatever on that account.
Ordered That The Board of Treasury transmit to the Minister of the United States at the Court of Versailles all the necessary documents relative to the prizes delivered up by Denmark.
Chas Thomson, Secy
[Motion of Mr. Lee on Indian treaties1]
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 391, in the writing of Mr. Henry Lee. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 177, this motion was referred to a committee consisting of Mr. John Kean, Mr. Abraham Clark and Mr. William Grayson, which should also draw instructions for holding treaties with the Indians of the Northern and Southern departments. Report rendered October 26, 1787.]
Whereas the frontiers of the states of N C and G are subject exposed to annual unceasing the hostility from the neighboring indians, and whereas Congress are bound to bestow its protection on to every part of this Union and have by resolve applyed 14000 dollars for
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the purpose of negotiating a general peace with the sd Indians, Resolved that the ballance of the money appropriated by resolve for two commissioners be appointed who in conjunction with the Superind. of Southern of indian affairs for the Sou: departnt. are hereby authorized to negotiate a treaty with the southern indian tribes, and that the sum of six thousand dollars, ballance of the money appropriated by resolve be subject to the order of the said Corn. and Supert.
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