| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, JULY 27, 1787.
Congress assembled present as yesterday.
Congress resumed the consideration of the report1 of the committee on the letter from the postmr genl and thereupon
[Note 1: 1 See July 23, 1787.]
Resolved That the postmaster general be and he is hereby authorised and instructed to make arrangements for the transportation of the mail for one year from the first day of January next on the cross roads mentioned in the resolve2 of Congress passed the 4th. Sept 1786 and also for the establishment of a cross post from Fredericksburg in Virginia to Hobb's Hole on Rappahanock river and from thence to the port of Entry on Yeocomico upon Potomac river And from thence to Urbanna the port of entry on Rappahanock river, On the principles provided in the resolution of the 15th. of Feby. 1787.
[Note 2: 2 Journals, vol. XXXI, pp. 629--630.]
Page 419 | Page image
1A Motion2 being made by Mr. [William] Grayson seconded by Mr. [John] Kean "That the Minister plenipotentiary of the United States at the Court of France be directed to form a Confederacy with the powers of Europe who are now at War with the piratical States of Algiers, Tripoli and Tunis or may be disposed to go to War with them for the purpose of protecting and securing the Citizens and Subjects of the contracting parties in the free navigation of the Mediterranean Sea. That it be an Article in the said Confederation that none of the contracting parties shall make peace with any of the said piratical States in which the whole Confederacy shall not be included and in case a general peace shall be concluded between the belligerent powers that the whole Confederacy shall be guaranties of the same, and in case of an aggression on the part of the said piratical States they shall be obliged to have justice done by recommencing hostilities and continuing the same until this end is effected. That there be an Article stipulating the quotas of the different powers in Men and Shipping ascertaining their stations at different periods and fixing the general Command in such manner as may best secure the desired object."3 They at the same time
[Note 1: 1 From this point to the end of the Journal entry for this day the proceedings are entered by Benjamin Bankson and attested by Charles Thomson, in the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 392--399. They are also entered by Thomson and Bankson, in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1629--1639.]
[Note 2: 2 Papers of the Continental Congress, No. 81, III, pp. 143--145, in the writing of Mr. William Grayson.]
[Note 3: 3 The following conclusion of the original motion was struck out "Provided nevertheless that the Quota of the U. S. of America from their great distance from the scene of action, as well as the little trade they at present carry on in the Mediterranean be not rated higher than one frigate and two sloops of war." At the end of the motion, there is also a list of powers, which is crossed off, as follows: "The Pope, The Venetians, Genoese, Emperor, Milan, Turin, Sweden, Denmark, Hanse towns, two Sicilies, Sardinia, Portugal, Russia, Tuscany, Malta."]
Page 420 | Page image
moved that the above Motion be referred to the Secretary for Foreign Affairs to report.
And on the question for reference the yeas and nays1 being required by Mr. [William] Grayson
[Note 1: 1 In Papers of the Continental Congress, No. 6, the yeas and nays are by States only. This portion of the entry is taken from Papers of the Continental Congress, No. 5.]
{table}
So it was resolved in the Affirmative.
Chas Thomson Secy
The Secretary for Foreign Affairs having written2 to Congress as follows
[Note 2: 2 Papers of the Continental Congress, No. 80, III, pp. 285--286, read July 27, 1787.]
"Office for Foreign Affairs
27 July 1787.
Sir: I have the honor of transmitting to your Excellency herewith enclosed a letter3 of 23d Inst. from the Governor of Rhode Island together with a number of papers which were delivered to me with it. This Letter
[Note 3: 3 John Collins to John Jay, in Papers of the Continental Congress, No. 78, VI, pp. 339--340, with accompanying documents on pp. 343--344, 347--352.]
Page 421 | Page image
and these papers respect a Sloop of that State called the Sally which in the month of March last putting into Tobago in distress as is represented was there seized and condemned and sold. An Appeal was made and granted from the sentence to the Admiralty in France. As the Cause is in the regular course of judicial enquiry I think the papers should be returned and that Congress can at present do nothing more than direct me to send a Copy of the Governor's Letter to Mr. Jefferson and instruct him to afford the Appellants such protection and aid as circumstances may render proper. In case their state of facts should prove well founded and the sentence be reversed it would also in my opinion be well for him to intimate to the Minister the expediency of more caution in their Officers; for that the sentiments as well as the Commerce of America must naturally be affected by instances of such licentious severities."
Ordered That the said Letter with the papers accompanying it be referred back to the Secretary for Foreign Affairs to take Order.
Chas Thomson Secy
The Secretary of the United States for the department of Foreign Affairs to whom was referred a Letter1 of 14th. February last from the honble. Mr. Jefferson, having reported2
[Note 1: 1 See May 3, 1787.]
[Note 2: 2 This report, dated July 11, read July 13, is in Papers of the Continental Congress, No. 81, III, pp. 121--123. See July 6, 1787.]
That he presumes the following paragraph in this Letter gave occasion to its being referred to him, vizt. "The Workman who was to make that of General Greene brought me yesterday the Medal in Gold, twenty three in Copper and the Die. I must beg
Page 422 | Page image
leave through you to ask the pleasure of Congress as to the number they would chuse to have struck. Perhaps they might be willing to deposit one of each person in every College of the United States, perhaps they might chuse to give a series of them to each of the Crowned heads in Europe, which would be an acceptable present to them. They will be pleased to decide. In the mean time I have sealed up the die, and shall retain it till I am honored with their Orders as to this Medal and the others also when they shall be finished." As these Medals were directed to be struck in order to signalize and commemorate certain interesting events and Conspicuous Characters, the distribution of them should in his opinion be such as may best conduce to that end. He therefore thinks that both of Mr. Jefferson's hints should be improved to wit, that a series of these Medals should be presented to each of the Crowned heads in Europe and that one of each set be deposited in each of the American Colleges. He presumes that Mr. Jefferson does not mean that any should be presented to the King of Great Britain; for it would not be delicate; nor that by Crowned heads he meant to exclude free States from the Compliment, for to make discriminations would give Offence. In the judgment of the Secretary it would be proper to instruct Mr. Jefferson to present in the name of the United States one silver Medal of each denomination to every Monarch (except His Britannic Majesty) and to every Sovereign and independent State without exception in Europe and also to the Emperor of Morocco; that he also be instructed to send fifteen silver Medals of each set to Congress to be by them presented to the thirteen United States respectively and also to the Emperor of China with an
Page 423 | Page image
explanation and a Letter and one to General Washington; that he also be instructed to present a copper Medal of each denomination to each of the most distinguished Universities except the British in Europe and also to Count de Rochambeau, to Count d'Estaing and to Count de Grasse. And lastly that he be instructed to send to Congress two hundred copper ones of each set together with the dies.
The Secretary thinks that of these it would be proper to present one to each of the American Colleges, one to the Marquis de la Fayette and one to each of the other Major Generals who served in the late American Army. And that the residue with the dies be deposited in the Secretary's Office of the United States subject to such future Orders as Congress may think proper to make respecting them. It might be more magnificent to give golden Medals to Sovereigns, silver ones to distinguished persons and copper to the Colleges &c but in his opinion the nature of the American Governments as well as the state of their finances will apologize for their declining the Expence.
Ordered, That this report be referred back to the Secretary for Foreign Affairs to take Order.
Chas Thomson Secy
The Secretary of the United States for the department of Foreign Affairs1 to whom was referred that part of Mr. Jefferson's Letter 2 of the 9h. January last which relates to the Consular convention Vizt. "I will certainly do the best I can for the reformation of the consular convention, being persuaded that our States would be very unwilling to conform their laws either to the Convention
[Note 1: 1 The report of the Secretary for Foreign Affairs, dated May 10 and read May 11, is in Papers of the Continental Congress, No. 81, III, pp. 113--118.]
[Note 2: 2 See April 18 and 20, 1787.]
Page 424 | Page image
or to the scheme; but it is too difficult and too delicate to form sanguine hopes; however that there may be room to reduce the convention as much as circumstances will admit will it not be expedient for Congress to give me powers in which there shall be no reference to the scheme? The powers sent me oblige me to produce that scheme, and certainly the moment it is produced they will not abate a tittle from it. If they recollect the scheme and insist on it we can but conclude it; but if they have forgotten it (which may be) and are willing to reconsider the whole subject perhaps we may get rid of something the more of it. As the delay is not injurious to us, because the convention whenever and however made is to put us in a worse state than we are in now, I shall venture to defer saying a word on the subject till I can hear from you in answer to this. The full powers may be sufficiently guarded by private instructions to me not to go beyond the former scheme. This delay may be well enough ascribed (whenever I shall receive new powers) to a Journey I had before apprized the Minister that I should be obliged to take to some Mineral Waters in the South of France to see if by their aid I may recover the use of my right hand of which a dislocation about four Months ago threatens to deprive me in a great measure. The Surgeons have long insisted on this measure. I shall return by Bordeaux, Nantes and L'Orient to get the necessary information for finishing our commercial regulations here. Permit me however to ask as immediately as possible an answer either affirmative or negative as Congress shall think best",
having reported
That in his opinion the Court of France regard the Consular convention in its present form as an interesting
Page 425 | Page image
object and that no Article or provision in it will escape their recollection. He nevertheless thinks that the policy of yielding to such circumstances as cannot without risque and hazard be neglected or controuled will induce them at least to consent to the proposed Article for limiting the duration of the Convention. And as he perceives no inconvenience likely to result from giving Mr Jefferson a commission authorising him in general terms to negotiate and conclude a Convention with his Most Christian Majesty for ascertaining the authority and powers of french and American Consuls, he thinks it will be adviseable to send him such a Commission, that he may thereby have an opportunity of endeavouring to realize the advantages he expects from it and which under a new administration (perhaps not well advised of what has passed) may be attainable" Whereupon
Resolved, That a Commission of the following tenor be sent to Mr. Jefferson.
We the United States of America in Congress Assembled at the City of New York to Our well beloved Thomas Jefferson Esquire, our Minister plenipotentiary at the Court of his Most Christian Majesty &c. &c. send Greeting.
Being desirous to promote and facilitate the Commerce between our States and the Dominions of his said Majesty and for that purpose to conclude with him a convention for regulating the privileges, powers and duties of our respective Consuls, Vice Consuls, Agents and Commissaries; and having full confidence in your Abilities and integrity, We do by these presents authorise and empower you the said Thomas Jefferson in our name and behalf, to treat with any person having equal powers from his Most Christian Majesty of and concerning
Page 426 | Page image
such a convention, and the same in our name and behalf to conclude, sign and seal; And we do promise to ratify and confirm whatever convention shall in virtue of this commission be by you so concluded, provided the duration of the same be limited to any term not exceeding twelve years. Witness our Seal and the signature of his Excellency Arthur St Clair our president this 27th. day of July in the Year of our Lord one thousand seven hundred and eighty seven and of our Independence the Twelfth.
Ordered That the following Letters be written to Mr Jefferson by the Secretary for Foreign Affairs.
Sir. Congress being desirous that the Commerce between the United States and France may be promoted by every reciprocal regulation conducive to that end, wish that no time may be lost in ascertaining the privileges, powers and duties of their respective Consuls, Vice Consuls, and Commercial Agents and Commissaries.
They regret the circumstance which calls you to the South of France, but are perfectly satisfied that you should make that or any other journey which your health may require. It is their wish and instruction that on your return to the Court, your attention may be immediately directed to the above mentioned subject. Considering that Conventions of this nature however apparently useful in theory may from some defects or unforeseen circumstances be attended with inconveniencies in practice, they think it best that they should be probationary at least in the first instance, and therefore that the term to be assigned for the duration of the one in question should not exceed twelve years. They also think it adviseable, in order to obviate any difficulties that might arise from your not having been more formally authorized to complete this business, to give
Page 427 | Page image
you an express and special Commission for the purpose, which I have now the honor to enclose.
Sir. You will herewith receive another Letter from me of this date, together with the Commission mentioned in it, both of them are in pursuance of the Ideas suggested in your Letter of the 9th. January last. If the whole subject should be reconsidered, and a new convention formed, it is the pleasure of Congress that the duties, powers and privileges of Consuls, Vice-Consuls, Agents and Commissaries be accurately delineated, and that they be as much circumscribed and limited as the proper objects of their appointment will admit and the Court of France will consent to. How far it may be in your power to obtain a convention perfectly unexceptionable, must depend on several circumstances not yet decided. Congress confide fully in your talents and discretion, and they will ratify any Convention that is not liable to more objections than the one already in part concluded, provided that an Article limiting its duration to a term not exceeding twelve years be inserted.
Chas Thomson Secy
[Proceedings entered in the Committee Book1]
[Note 1: 1 Papers of the Continental Congress, No. 190, pp. 158--162, in the writing of John Fisher. A letter of the Board of Treasury to President of Congress, July 26, 1787, transmitting the letter of Cutler and Sargent is in Papers of the Continental Congress, No. 140, II, p. 431.]
New York July 26th 1787
Gentlemen: We observe by the Act of the 23d. Inst that your honorable board is authorised to enter into a Contract for the sale of a tract of land therein described on certain conditions expressed in the Act. As we suppose this measure has been adopted in consequence of proposals made by us, in behalf of ourselves and Associates, to a Committee of Congress, we beg leave to inform you that we are ready to enter into a contract for the purchase of the lands described in
Page 428 | Page image
the Act; provided you can conceive yourselves authorised to admit of the following conditions, which in some degree vary from the report of the Committee Vizt.
The subordinate Surveys shall be completed as mentioned in the Act, unless the frequency of Indian irruptions may render the same impracticable without an heavy expence to the Company.
The mode of payment we propose is half a million of dollars when the Contract is executed; another half million when the tract as described is surveyed by the proper Officer of the United States; and the remainder in six equal payments computed from the date of the second payment.
The lands assigned for the establishment of a University to be nearly as possible in the Centre of the first million and half of Acres we shall pay for; for to fix it in the Centre of the proposed purchase, might too long defer the establishment.
When the second payment is made the purchasers shall receive a deed for as great a quantity of land as a Million of dollars will pay for, at the price agreed on. After which we will agree not to receive any further deeds for any of the lands purchased, only at such periods, and on such Conditions as may be agreed on betwixt the board and the purchasers.
As to the security which the Act says shall be good and sufficient we are unable to determine what those terms may mean in the contemplation of Congress, or of your honorable board. We shall therefore only observe that our private fortunes, and that of most of our associates being embarked in the support of the purchase it is not possible for us to offer any adequate security, but that of the land itself, as is usual in great land purchases.
We will agree so to regulate the Contract, that we shall never be entitled to a right of entry, or occupancy, but on lands Actually paid for, nor receive any deeds till our payments amount to a million of dollars, and then only in proportion to such payment. The advance we shall always be under without any formal deed together with the improvements made on the lands, will we presume be ample Security, even if it was not the interest as well as the disposition of the Company to lay the foundation of their establishment, on a sacred regard to the rights of property.
If these terms are admitted we shall be ready to conclude the Contract. If not we shall have to regret, for a numerous Class of our Associates, that the Certificates they received as Specie, at the risque
Page 429 | Page image
of their lives and fortunes, in support of the Common cause, must, for a considerable time longer, wait the tedious and precarious issue of public events; (altho' they are willing to surrender their right in them on terms advantageous to the public;) and that the United States may lose an opportunity of securing in the most effectual manner, as well as improving the value of their western lands, whilst they establish a powerful barrier, against the irruptions of the Indians, or any attempts of the British power, to interrupt the security of the adjoining States.
We have the Honor to be, with the greatest respect for ourselves and Associates, Gentlemen, Your obedient Humble Servants.
(Signed) Manh. Cutler
Winthrop Sargent.
The Honorable
The Board Of Treasury
Compared with the Original in the Office of the Board of Treasury
(Signed) Wm. Duer Secy.
Ordered That the above letter from Manh. Cutler and Winthrop Sargent to the Board of Treasury containing proposals for the purchase of a tract of land described in the Act of Congress of the 23d. inst. be referred to the Board of Treasury to take order, Provided that after the date of the second payment therein proposed to be made the residue shall be paid in six equal, and half yearly installments until the whole thereof shall be completed, and that the purchasers stipulate to pay interest on the sums due, from the Completion of the Survey to be performed by the Geographer.
Whereas the United States in Congress Assembled have by their ordinance1 passed the 20th May 1785 among other things Ordained "that the Towns Gnadenhutten, Schoenbrun and Salem on the Muskingum and so much of the lands adjoining to the said Towns with the buildings and improvements thereon shall be reserved for the sole use of the Christian Indians who were formerly settled there, or the remains of that society, as may in the judgement of the Geographer be sufficient for them to cultivate".
[Note 1: 1 Journals, vol. XXVIII, p. 381.]
Resolved That the board of treasury except and reserve out of any Contract they may make for the tract described in the report of the Committee which on the 23d instant was referred to the said board to take order, a quantity of land around and adjoining each of the before
Page 430 | Page image
mentioned Towns amounting in the whole to ten thousand acres, and that the property of the said reserved land be vested in the Moravian Brethern at Bethlehem in Pennsylvania, or a society of the said Brethern for civilizing the Indians and promoting Christianity, in trust, and for the uses expressed as above in the said Ordinance, including Killbuck and his descendants, and the Nephew and descendants of the late Captain white Eyes, Delaware Chiefs who have distinguished themselves as friends to the cause of America.
Ordered That the above be also referred to the Board of Treasury to take Order.1
[Note 1: 1 July 27, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 158, a memorial of Thomas R. Kennedy, praying for payment for damages, was read. Papers of the Continental Congress, No. 41, V, pp. 53--54. Referred to the Board of Treasury to report. Acted on February 14, 1788.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |