| 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 --TUESDAY, SEPTEMBER 16, 1788.
Congress assembled present as yesterday.
On motion of Mr [Abraham] Baldwin seconded by Mr [Hugh] Williamson
Resolved3 That it be and it is hereby recommended to the several states to pass proper laws for preventing the transportation of convicted malefactors from foreign countries into the United States.
[Note 3: 3 Papers of the Continental Congress, No. 36, III, p. 432, in the writing of Mr. Abraham Clark. What was apparently the first form of the motion, is on p. 431, in the writing of Mr. Abraham Baldwin, as follows: "Resolved That it be recommended to the several states to pass laws prohibiting the importation of convicts from the territories of foreign nations into these United States".]
Page 529 | Page image
1The Secy of the United States for the department of foreign affairs to whom was referred his letter2 of the 3d . instant with an Affidavit of Leonard White Outerbridge respecting the importation of Convicts from the Island of New Providence to Maryland etc. having reported3
[Note 1: 1 From this point to the end of the day the entries were made by Charles Thomson and Roger Alden in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1706--1712. Charles Thomson begins the entry. The proceedings on the importation of convicts and those on the Mississippi question based on the committee report were also entered by John Fisher and attested by Charles Thomson in the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 429--432.]
[Note 2: 2 See September 3, 1788.]
[Note 3: 3 Papers of the Continental Congress, No. 81, III, pp. 91--92, read September 16, 1788.]
That the facts stated in this affidavit render it in his opinion highly probable that4 the persons brought to, and landed at Baltimore, and other places by the Schooner William Henry, of which William Thompson was Captain, were convicts, and that Lord Dunmore the Governor of New Providence was instrumental in their being transported to those places.
[Note 4: 4 Roger Alden takes up the entry.]
That it does not become the Court of Great Britain to countenance, nor the United States to tolerate so nefarious a practice; and although there is no reason to presume that the transportation in question was made by the orders or desire of the british government, yet he thinks it would be proper that he should be permitted to send a copy of the said affidavit, enclosed in a letter of the following tenor, to his britannic Majesty's Secretary for foreign Affairs.
My Lord,
It will sometimes happen that Individuals without being authorised by the orders, or encouraged by the connivance of Government, do things that are not only
Page 530 | Page image
disreputable to their own Nation, but also offensive to others.
The facts stated in an affidavit of which I have the honor to enclose You a copy, afford reason to presume that the truth of this observation has been confirmed by a recent Instance.
To insist on the impropriety of the practice which that Affidavit will explain, would seem to imply doubts of it's being considered in that point of light; I forbear therefore to enlarge on that topic, nor can it be necessary to hint that the same principles of honor and delicacy should obtain between Nations, as between private Gentlemen.
I am directed, My Lord, just to make known this business to You. Congress being well persuaded that his Majesty will, on receiving the information, give such orders on the occasion, as the nature of the case may require.
I ought not to omit mentioning to Your Lordship, that Sir John Temple's conduct relative to this case, has been such as receives the approbation of Congress; for instead of endeavouring to retard, he promoted the Investigation.
1Ordered2 That this report be referred to the Secy for foreign affairs to take Order.
[Note 1: 1 Charles Thomson resumes the entry.]
[Note 2: 2 This order was entered in the Committee Book, Papers of the Continental Congress, No. 190, p. 207.]
The Secretary of the United States for the department of foreign affairs to whom was referred a motion3 of the honble the delegates of North Carolina in the words following viz "Whereas many citizens of the United States who possess lands on the western waters, have expressed much uneasiness from a report that Congress
[Note 3: 3 See July 15, 1788,]
Page 531 | Page image
are disposed to treat with Spain for the surrender of their claim to the navigation of the river Mississippi, in order therefore to quiet the minds of our fellow citizens by removing such ill founded apprehensions resolved that the United States have a clear absolute and unalienable claim to the free navigation of the river Mississippi which claim is not only supported by the express stipulations of treaties but by the great law of nature" having on the 2d of the present Month reported,1
[Note 1: 1 See September 3, 1788. See also September 4 and 8, 1788.]
That2 the report mentioned in the said motion is not warranted by any part of the negociations between the United States and Spain, and therefore that in his opinion it would be expedient so far to rescind the orders of secrecy relative to those negociations, as that the Delegates of North Carolina and others be at liberty to contradict the said report in the most explicit and positive terms.
[Note 2: 2 Roger Alden again takes up the entry.]
That as divers events which ought to have an influence on those negociations, have taken place since the commencement of them, and particularly the Institu- [tion3] of a new form of national Government for the United States which is speedily to be established, it would be prudent to suspend all further progress therein, and refer the same with all the papers and documents respecting it to the new Government. Wherefore he thinks it should be, resolved, that the report mentioned to Congress by the Delegates of North Carolina, as prevailing and causing uneasiness in the western country, vizt . that Congress are disposed to treat with Spain for the surrender of their claim to the navigation of the river Mississippi is not founded in fact, and that the Delegates
[Note 3: 3 Four letters omitted in Journal supplied from the original report.]
Page 532 | Page image
in Congress be authorized (their former Injunctions of secrecy notwithstanding) to contradict the same in the most explicit and unequivocal terms. Resolved that no further progress be made in the said negociations by the Secretary for foreign Affairs; but that the same in the state they now are, be referred to the federal Government about to be established and organized.
Your Secretary further reports that if the aforegoing resolutions should be deemed expedient, he much doubts the propriety of adopting the one contained in the motion under consideration.
As to declaring and resolving that the United States have a clear, absolute and unalienable right to the Navigation of the river, he thinks no objections can be derived from the nature of their right to declaring it to be clear and absolute. Authentic documents now among the papers of Congress shew that he has uniformly been of opinion, that the United States possess a perfect right to that navigation, and ought never to cede it. Whether it would be wise in the United States to consent in consideration of equivalent Advantages, to any and what modifications of the Use of that right, is a question on which his opinion communicated to Congress in writing is well known. The modifications then contemplated appeared to him at that time adviseable; but
Page 533 | Page image
he confesses that circumstances and discontents have since interposed to render it more questionable than it then appeared to be. How far the resolution proposed by North Carolina, which declares the right to be unalienable, as well as absolute, would tend to exclude all modifications, however temporary and adapted to present circumstances and convenience merits consideration; nor is it clear to him that such exclusion would be a measure, which however supported by right, would also be warranted by good policy. Whether that right be unalienable or not, does not depend on the nature of the title, but on the extent of the powers constitutionally vested in Government. How far the present or ensuing Government may be restrained or authorised in these respects, is a question of too great magnitude to be decided without deliberate and mature Investigation. He knows the prejudices and opinions prevailing in the western country respecting whatever may concern that navigation; and he knows also that groundless, though not unnatural Jealousies are also entertained of him respecting it; but as personal considerations ought not to influence his public conduct, he thinks it his duty to report in plain terms, that any resolution calculated to exclude the possibility of such modifications, as without impairing the right, might be advantageous to the United States, and satisfactory to the citizens, would not in his opinion be wise. Whether such modifications could be formed he will not attempt to conjecture. Certain it is that the probability of it will become greater and increase, as the population of those countries advances, and as the respectability of the United States rises in the estimation of Spain and other foreign Nations.
He therefore thinks it best to let these negociations pass over in their present state to the new Government,
Page 534 | Page image
who will undoubtedly be tenacious of the public rights, and may be enabled by circumstances not yet developed, to terminate these negociations with Spain in a manner perfectly consistent with the right in question, and with the Interests and wishes of their constituents."
1The same was referred to a committee2 and
[Note 1: 1 Charles Thomson again resumes the entry.]
[Note 2: 2 See September 8, 1788.]
On the report3 of the comee . consisting of Mr [Alexander] Hamilton Mr [James] Madison Mr [Hugh] Williamson Mr [Nathan] Dane and Mr [Pierpont] Edwards to whom was referred the report of the Secy for foreign affairs on a motion of the delegates of North Carolina, stating that uneasiness produced by a report "That Congress are disposed to treat with Spain for the surrender of their claim to the Navigation of the river Mississippi" and proposing a resolution intended to remove such apprehensions.
[Note 3: 3 See September 15, 1788.]
Resolved That, the said report not being founded in fact, the delegates be at liberty to communicate all such circumstances as may be necessary to contradict the same and to remove misconceptions.
Resolved That the free navigation of the river Mississippi is a clear and essential right of the United States and that the same ought to be considered and supported as such.
Resolved4 That no further progress be made in the negotiations with Spain by the Secretary for foreign affairs, but that the subject to which they relate be
[Note 4: 4 In the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, p. 432, this resolve is marked on the margin with dots and Thomson places below his signature the following note: "N. B. The two first may be given to the delegates of any state applying for the same, but the latter is considered as a private instruction."]
Page 535 | Page image
referred to the federal government which is to assemble in March next.
[Report of committee on copper contract of Jarvis1]
[Note 1: 1 Papers of the Continental Congress, No. 26, pp. 697--698, in the writing of Mr. Abraham Clark. Read September 16, 1788. See July 16, August 4, 20 and 27, 1788. The report also bears the following indorsement, "Jan. 15. [1789] the original contract transmitted to the Board of Treasury, copy to be returned."]
The Committee consisting of Mr . [Abraham] Clark Mr . [Hugh] Williamson Mr . [Abraham] Baldwin Mr . [Jeremiah] Wadsworth and Mr . [Alexander] Hamilton to whom was referred a motion of Mr . [Abraham] Clark respecting the contract made by the board of Treasury with James Jarvis for coining three hundred tons of copper; together with a Letter from the board of Treasury enclosing one from said Jarvis, report that the said contract was made on the 12th . day of May 1787, Stipulating that said Jarvis should deliver at New York of the said copper when coined as follows,
Providing in said Contract, that if from the loss of any Vessel in which the copper necessary for the execution of said contract shall be laden, or by the capture of the same the delivery of any quantity of the copper coin contracted for should not be made at the Stipulated periods, the quantity so lost or captured should be receivable within nine months after the Original periods of delivery.
That notwithstanding the above Stipulations, the said Jarvis hath hitherto neglected to deliver any part of said coin altho' one hundred tons ought to have been delivered by the latter end of August last; that this failure does not appear nor is it alledged by said Jarvis to have been Occasioned by the loss of any Vessel in which copper for the above purpose was laden; for which reasons your Committee are of Opinion that the above Contract is of such a Nature that the failures already made by said Jarvis renders the whole voidable by no longer obligatory upon the United States, and that it is their duty to avail themselves thereof; and thereupon the following resolution is submitted.
Page 536 | Page image
That the board of Treasury be instructed to consider the contract by them made with James Jarvis for coining three hundred tons of copper, from the failure of the said Jarvis in fulfilling the same with respect to the three first deliverys, to be no longer Obligatory upon the United States, and thereupon forbear to carry the same, or the Act1 of Congress of the 21st of April 1787 on which the said contract was founded, into further effect untill otherwise directed by Congress.
[Note 1: 1 Journals, vol. XXXII, p. 225.]
[Report of committee on memorial of Catherine2]
[Note 2: 2 Papers of the Continental Congress, No. 30, pp. 371 and 373, in the writing of Mr. William Irvine. Read September 16, 1788. See August 25, 1788.]
The Committee consisting of [Mr. William Irvine, Mr. Edward Carrington and Mr. James R. Reid] to whom was referred a Report3 of a Committee on the memorial4 of Catherine alias Granadier a Shawane Woman, beg leave to report, that notwithstanding she has not produced vouchers or proof for the delivery of provision to the Troops of the United States which she alledges, yet there is reason to believe that She contributed a quantity of Cattle for the support of the Garrisons on the Ohio, that her long attachment to the Whites has created great enmity to her among her relations, that she is now old and indigent, and in the opinion of your Committee has a just claim on the humanity of the people of the United States they therefore submit the following Resolution:
[Note 3: 3 June 29, 1785. Journals, vol. XXVIII, pp. 487--488.]
[Note 4: 4 According to an indorsement and the Despatch Book, Papers of the Continental Congress, No. 185, III, p. 129, this claim was transmitted to Congress in a letter of G. R. Clarke and R. Butler dated June 2 and received June 22, 1785.]
That Catherine, alias the Granadier or Shawane Woman be allowed, one suit, or dress of Cloaths including a Blanket, per annum, and one ration of provision each day during her life, which she may receive at any post in the western territory she shall chuse, at which a Commissioned officer Commands, that the Commandant of the Troops in that Country be directed to take care to have this resolution duly executed.
Page 537 | Page image
[Report of Board of Treasury on petition of Duncan Campbell1]
[Note 1: 1 Papers of the Continental Congress, No. 138, I. pp. 187--190, read September 16, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 619. See September 9, 1788. See also report of Commissioner of Army Accounts read September 12, 1785. Journals, vol. XXIX, p. 691n.]
The Board of Treasury to whom was referred the Petition of Duncan Campbell.
Beg leave to Report to Congress
That in pursuance of the Resolve2 of Congress of the 14th . Septemr . 1786; the Commissioner of Army Accounts was directed to issue his Certificate to the Memorialist for Two hundred and forty seven Dollars; being a Balance claimed by him on Account of advances said to have been made in Canada for the Recruiting Service etc.
[Note 2: 2 The date of this resolve is September 19, 1786. Sec Journals, vol. XXXI, p. 668.]
That this Claim was so destitute of Official documents, and attended with such other circumstances, that the late Commissioner of Army Accounts, could not consistently with the established rules of his Office, have issued the above Certificate, without the express authority of Congress.
That the assertion made by the Memorialist, that his case is peculiarly hard in being obliged to receive a Certificate, for the advances said to have been made by him in Canada; whilst most of the other Canadian Refugees have been fully paid in Specie, is by no means supported.
On the 8th . day of May 1776, It was Resolved3 by Congress "That the Balance due to Colo . James Livingston for advances made by him, whilst in that Country for the public Service, and for his arrearages of Pay, should be settled by certificates issued for the respective amounts by the Comptroller of the Treasury, and the Commissioner of Army Accounts; and this, notwithstanding the eminent Services of that Officer are recognized by a special Act4 of Congress of 5th . March 1785. Many other proofs might be adduced to show that the case of Mr . Campbell is by no means peculiar; but rather, that a peculiarity would be established by a compliance with his demand. On the whole the Board are of opinion; that to deviate from the general practice of settling the arrearages due to the Officers of the late Army whether for pay, or advances claimed by them, would open a source of Expenditure,
[Note 3: 3 The date of this resolve is May 8, 1786. See Journals, vol. XXX, p. 238.]
[Note 4: 4 The date of this Act is March 8, 1785. See Journals, vol. XXVIII, p. 130.]
Page 538 | Page image
which no Funds at the command of the United States would be adequate to supply. They therefore Submit to the consideration of Congress the following Resolve.
That the application of Duncan Campbell for payment in Specie, of the Certificate ordered to be issued to him by the Commissioner of Army Accounts, by the Resolve of Congress of the 19th . of Septemr . 1786, cannot be complied with.
All which is humbly Submitted.
Samuel Osgood
September 15th . 1788.Arthur Lee1
[Note 1: 1 September 16, 1788. According to indorsement and the Committee Book, Papers of the Continual Congress, No. 190, p. 207, the following were read and referred:
Petition of Ezekiel Williams, August 14, 1788, for the repayment of money spent on care of prisoners. Papers of the Continental Congress, No. 42, VIII, pp. 447--452. Referred to the Board of Treasury to report. Report rendered October 1, 1788.
Petition of Joseph King, in behalf of Absolam Baird, September 16, 1788, requesting half pay and commutation, Papers of the Continental Congress, No. 42, I, p. 439. Referred to the Commissioner of army accounts to report. Report rendered September 25, 1788.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |