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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 --FRIDAY, JUNE 13, 1788.
Congress assembled. Present New hampshire Massachusetts, Rhode island, New Jersey, Pensylvania Delaware Virginia South Carolina and Georgia and from Connecticut Mr [Pierpont] Edwards from New York Mr [Abraham] Yates from Maryland Mr [Benjamin] Contee and from North Carolina Mr [Hugh] Williamson.
2On the report The Committee consisting of Mr [Alexander] Hamilton Mr [Nathan] Dane Mr [Jonathan]
[Note 2: 2 From this point to the end of the day the entries were made by Charles Thomson and Benjamin Bankson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1684--1695. The Journal text was also entered by John Fisher and attested by Charles Thomson in Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 419--426.]
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Dayton Mr [Samuel Allyne] Otis and Mr [Edward] Carrington to whom was referred a report1 of the Secretary for foreign Affairs on a Note2 from the Minister plenipotentiary of France of the 28 May report3
[Note 1: 1 See June 6, 1788.]
[Note 2: 2 See May 30, 1788.]
[Note 3: 3 See June 12, 1788.]
"That it appears by the said note and the papers which accompany it that the person mentioned therein to wit Joseph Marie Anne Ferrier commander of the brig David is in substance charged with betraying his trust and running away with a cargo of Coffee; that the execution of this design is alledged to have been begun at the cape, continued by certain acts on the high seas and completed in the commonwealth of Virginia." Whereupon
Resolved That the Secretary for foreign Affairs be and he is hereby directed to transmit the said note of the Minister plenipotentiary of France of the 28 of May last to the executive of the commonwealth of Virginia to the end that the said Executive may communicate to Congress the necessary information on the subject;4 and also to signify to the said Executive that it is the sense of Congress that the said Joseph Marie Anne Ferrier ought to be apprehended in order to be dealt with according to the nature of the case. And that the said Secretary be and he is hereby directed to inform the said Minister plenipotentiary, that instructions have already been given to the Minister of the
[Note 4: 4 The Secretary for Foreign Affairs complied with this order on June 13, 1788. For the reply of the Governor of Virginia, see August 8, 1788.]
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United States at the court of France concerning the consular Convention referred to in his noteA
A The translation of the note1 from the Minister of France is as follows:
[Note 1: 1 Papers of the Continental Congress, No. 96, pp. 434--441, with translation, pp. 442--446. The mentioned enclosures and translations are on pp. 450--471.]
The Undersigned Minister plenipotentiary of France has the honor of informing the United States in Congress assembled that he has recd . an Order from his court to demand the delivery of a french captain who has been guilty of a crime, the punishment of which is equally interesting to every commercial nation. Joseph Marie Anne Ferrier a native of Cette in Languedoc commanding the brig David was dispatched from the Cape in the island of St . Domingo for Nantz the 1st . July 1787 with a cargo of 100,000 lb weight of coffee belonging to different persons2 under pretence of some leaks which were discovered in his Vessel, he directed his course for Norfolk in Virginia where he arrived the 26 of the same month. The Sieur Oster, the Kings Vice-Consul having gone on board to visit the Vessel, and appoint Inspectors in order to prove her condition in conformity with his Majesty's Ordonnances, found from the depositions of some passengers that the said Ferrier, had not intended to go to France, as he had only taken in provisions for 15 days, that the Evening before he left the Cape he clandestinely sold a large part of his cargo, that in order for a pretext to stop at Virginia and there sell his Vessel he had several leaks made on purpose in the Hold by which means 12,000 lbs Coffee was damaged, which the Sieur Oster was obliged to order to be sold at Auction; that he had wickedly thrown overboard an Anchor of 750 lbs . a large cable of 120 fathoms, some topmasts and other things belonging to his Brig, in short to conceal his misdemeanours he kept at sea a false Journal which he signed himself and caused his Mate and Crew to do the same in order to make it appear that he had been obliged to renounce his Voyage to Nantz and stop at the Chesapeak. Captain Ferrier being informed of these depositions and fearing the consequences of his crime deserted with his Mate and other Accomplices, but he was taken by the Inhabitants and brought back to the Sieur Oster who sent him Prisoner on board the French Ship the Jason after permission obtained from the
[Note 2: 2 Benjamin Bankson continues the entry in the notes.]
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1Office for Foreign Affairs
26' May 1788.2
[Note 1: 1 Benjamin Bankson continues the entry in the text.]
[Note 2: 2 See May 28, 1788. See also March 15, 1787.]
The Secretary of the United States for the department of Foreign Affairs to whom was referred his Letter3 of
[Note 3: 3 See March 24, 1788.]
Mayor of Norfolk. The Culprit underwent an Interrogatory on the 6' December, and confess'd the Crime of which he was accused. The process being finished the Sieur Oster called an Assembly of the Merchants belonging to his Nation, in which it was resolved that Ferrier should be sent to Nantz to be Judged by the Officers of the Admiralty. He wrote at the same time to the Governor of Virginia giving him an account of all these particulars and requesting the consent of the Council to send the said Ferrier to France in the Vessel which he had commanded. He received no answer to this Letter which was dated the 2nd . October Copy of which (No . 1.) is annexed: But on the 7th . November a Sheriff went on board the french Ship with a Writ to arrest the said Ferrier as a Debtor for £50, to a Frenchman resident in Norfolk. The Criminal was accordingly liberated after giving bail to appear at the first County Court. The Sieur Oster wrote a second time to the Governor complaining of this irregular procedure, and reclaiming not only the Captain but the other Criminals. He received no other answer but the one annexed (No . 2.3.) After these particulars the undersigned has the honor to represent, that it is very surprizing, that not withstanding the official information which had been given the 2nd October, concerning the Crimes of which Capt . Ferrier had been convicted, he should be liberated the 7. November under pretence of a Civil Action of 50 pounds. That condemned in irons on board a french Vessel by the Consul of his Nation and with the consent of the Mayor of Norfolk, he was taken away on a suit brought by a Frenchman who ought to have acknowledged the jurisdiction and authority of his Consul, but who very likely was in concert with the Criminal to effect his escape; in short that the Magistrates have facilitated this escape without any regard to the complaints which were made by His Majesty's Vice-Consul, a Conduct the more extraordinary as by a Law of 1779 the State of Virginia authorizes the Consuls of Powers which have acknowledged the independence of the Ud . States to Claim the Deserters
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20' March last together with the Letter and Papers from Sir John Templex that were enclosed with it, Reports
[Note x: x Note on p. 232.]
from the Vessels of their Nation to judge differences between their Subjects agreeable to the Laws of their Country, and to execute their Sentences, provided they do not pronounce Corporal punishment. It was in consequence of this Law that the Sieur Oster obtained full and entire satisfaction in August 1784, in a case similar to the one in question. But even were this Vice-Consul unsupported by any particular law, he might found his Claim on the common Rights of Nations, on the mutual ties between Allied Powers, on the treaty of Commerce and the Consular Convention, which was a consequence of it, on the procedure which took place in a similar case in 1784; on the reciprocity invariably established in France, on the interests of every Commercial Nation, that a Crime of this nature should not remain unpunished, in short on the dignity of Virginia which would be particularly exposed, if one could suspect that State of encouraging and protecting Villains proscribed by the Laws of every polished Nation. In consequence of these observations the undersigned Minister has received orders to claim the Criminal and if by a connivance which is not very likely and which would be very wide of the principles of Justice and moderation which Virginia has so often displayed, Capt . Ferrier has found means of escaping, he demands to be informed of the motives that determined the Magistrates to pay no respect to the well founded and pressing claims of the Vice Consul of France, and to elude not only the Law which was passed in 1779, but the principles which form the Basis of every Consular establishment, which are formally adopted by the Convention between His Majesty and the U. States, signed by the respective plenipos . and which have been hitherto religiously observed in the Kingdom with respect to the Citizens of the United States. The undersigned Minister has the honor of reminding on this occasion the United States in Congress Assembled, agreeable to an express order received from his Court of the necessity of concluding as speedily as possible the last formalities which may have been neglected, in order to give every suitable effect to the aforesaid Convention, and to represent to them the propriety of giving definite instructions on this head to their Minister Plenipo: with his Majesty. The interest which the King has always taken in the prosperity of
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That the Letter and Papers in question relate to the case of Richard Lawrence, a Ship Carpenter in the british service in the late War.
the Commerce between the Kingdom and the Ud . States is manifested on every occasion too evidently for His Majesty not to expect on their part every necessary step to secure a perfect reciprocity, the only solid basis, on which the advantages granted by his Majesty to the Commerce of the U. States can exist.
New York 28 May 1788.
Sign'd The Count de Moustier
x The letter1 from Sir John Temple and papers referred
[Note 1: 1 Papers of the Continental Congress, No. 92, pp. 524--525, 527--531. See also Papers of the Continental Congress, No. 42, IV, pp. 442--443, for a petition of Lawrence to Congress, August 9, 1786, which is indorsed acted on June 13, 1788.]
New York 10' November 1787.
Sir: The inclosed petition with the documents annexed to it, from Richard Lawrence, an American loyalist to the King my Sovereign, I had the honor to receive by the last Packet from England, together with his Majesty's Commands, signified to me by one of his Principal Secretaries of State, that I should make enquiry into the Circumstances of said Petitioner's case; and, if I should find him justly entitled to the benefit he claims, under the stipulation of the sixth Article of the definitive treaty between his Majesty, and the United States of America, I should make the strongest representations to Congress for his being immediately set at liberty, and full restitution made to him of such property as he may have been unjustly deprived of, together with such further satisfaction as the nature of his case may justify me in soliciting; To which purpose, Sir, will you permit me to request, that the said Petition, together with his Majesty's Commands so signified to me, may be laid before Congress as soon as may be after that Honorable Body shall reassemble to do Business? In the mean time I am so confident of your humanity, as well as of your Justice, that I have not even the least doubt you will do all that may be in your power, during the present recess of Congress, to mitigate the distresses of the said Petitioner now or late a Prisoner in the Jail of this City.
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Among the Papers is a copy of his Petition to his britannic Majesty, stating, that he was an Inhabitant
I have the honor to be with very great regard and Esteem Sir Your &c. &c.
J. Temple
The Honble . John Jay Esq.
Principal Secretary for Foreign Affairs
United States of America.
To the King's most excellent Majesty.
The humble Petition of Richard Lawrence a loyalist, and late a Master Ship Carpenter in the British service, but now a Prisoner in the New Gaol of the City of New York, in North America, Sheweth
That previous to the commencement of the unhappy contest betwixt Great Britain and America, your Petitioner resided at Staten Island in the then Colony of New York, following his trade of a Ship Carpenter, and being zealously attached to your Majesty's Government. After the Rebellion began his loyalty remained unshaken, and as soon as the Brittish troops landed upon Staten Island, he repaired to the Royal Standard.
That your Petitioner was afterwards appointed by Sir William Howe Commander in Chief of your Majesty's Forces, Master-Carpenter of the Ship Yards at Staten Island and New York, and continued in that employment until the Year one thousand seven hundred and Eighty. And receiving an Order from the said Commander in Chief, a true copy whereof is hereunto annexed, your Petitioner in obedience to such Order, did seize and take under his charge, several Boats and Vessels, and also large quantities of Ship timber, and other Naval Stores &c: belonging to the Rebels; and having received an Appointment from His Excellency William Tryon Esq., then Governor of New York, a Copy whereof is also annexed, your Petitioner did take upon himself the direction and management of the Woods in the said Appointment mentioned and by like Orders from the Commander in Chief did take upon himself the direction and management of divers other Woods upon Estates in Staten Island aforesaid, and large quantities of timber were under the inspection of your Petitioner cut down from the said Woods and used in your Majesty's service, but your Petitioner never made any advantage or profit thereof or converted any part to his own use or emolument, but the said Timber was entirely applied to the Public Service.
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of Staten-Island, and joined the Kings troops on their landing there.
That upon the evacuation of New York, your Petitioner intended to have withdrawn into some part of your Majesty's dominions, but having several considerable sums of Money due to him, and relying upon the Sixth Article of the definitive Treaty which declares "That there shall be no future Confiscations made, nor prosecutions commenced against any Person or Persons for or by reason of the part which he or they may have taken in the present War; and that no Person shall on that account suffer any future loss or damage either in his Person, liberty or property". Your Petitioner remained in New York after the evacuation thereof to manage and settle his Affairs, but before he could effect the same, in manifest violation of that Treaty, and of national faith, several Actions at law were commenced against him by the Proprietors of the said Estates at Morisania and Staten Island for the damages they sustained by their Timber being cut down and used in your Majesty's service, and by the Owners of the Boats and Vessels, ship-timber and other Stores, which your Petitioner seized by virtue of the annexed order; And although he pleaded the said Treaty in Bar of such Actions, yet Judgment was given against him, and he was arrested and has been for upwards of sixteen months closely confined in the Common Goal of New York, which has not only reduced him to poverty, but (being far advanced in years) hath also nearly put a period to his miserable existence, his health being greatly impaired, and having almost lost his sight by his long imprisonment, and his unfortunate Wife and family reduced from competency to a state of indigence and distress.
That in hopes of relief your Petitioner has laid his unfortunate case before the Congress of the United States of America, and the Governor and Assembly of the State of New York, but no attention has been given by any of them to his petitions. He therefore with the greatest humility ventures to lay his unfortunate situation before your Majesty, encouraged by the professed inclination your Majesty has shewn to alleviate the misfortunes of those Persons who since the late War suffered for their loyalty and attachment to your Majesty's Person and Government; And as your petitioner from the aggravated wretchedness, which the loss of his liberty, and ruin of his fortune, has entailed upon him, is totally unable to satisfy the large damages recovered against him in the said Actions, he must
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That he was employed by the british Commander in Chief; and in pursuance of Orders did seize and take several Boats and Vessels, and Ship-timber and Naval Stores, and cause large quantities of Timber to be cut and used in the said King's service.
without some powerful interposition end his days in misery and wretchedness, confined to a loathsome Prison, destitute of the common necessaries of life, deprived of the free use of the air, and cut off from all possibility of maintaining his unfortunate family, who are now reduced to beggary and dispair.
Your petitioner therefore most humbly hopes that your Majesty in your great goodness will be pleased to take his unfortunate case into consideration, and by your Royal Interposition with the Congress of the said United States of America prevent his suffering the most dreadful, the most horrid of all human punishments, perpetual Imprisonment.
Richard Lawrence.
(Copy)
It is the Commander in Chief's Orders that Mr. Richard Lawrence takes under his charge all the Boats and Vessels belonging to the Rebels, laid up in the several Creeks near Elizabeth Town; as also all Ship-timber, Oars, tar, and all other Naval Stores &c: &c: &c: Head Quarters New York December 3, 1776.
Willm . Sheriff D. Q. M. G.
To all to whom it may Concern.
Copy
I do hereby appoint Richard Lawrence Master-Carpenter in the Quarter Master General's Department, to superintend the Woods on the Widow Morris's Estate at Morrisania, and to have the sole By His Excely . Comd . B. J. Johnson, P. T. direction and management thereof. And all Persons cutting Timber from off the said Estate for the express use of his Majesty's service in any of the Public Departments of the Army or Navy, are required to apply to the said Richard
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That after the Peace, Actions at Law were commenced against him in this State by the Proprietors of the Timber and other Articles abovementioned, that he pleaded the Treaty in bar of the said Actions; but that Judgment was nevertheless given against him, and that he was confined in Goal &c: That he had Petitioned Congress, and the Governor and Assembly of the State of New York; but that no attention had been given to his Petitions.
Sir John's Letter states, that he had received his Majesty's Commands to enquire into Mr . Lawrence's case, and if he should find him entitled to the benefit he claims under the 6' Article of the treaty of peace, to make the strongest representations to Congress for his being immediately set at liberty, and full restitution made him &ca: "To which purpose Sir John (in his Letter) requested that the said Petition, together with his Majesty's Commands so signified to him, might be laid before Congress as soon as might be after that Honorable Body should reassemble to do Business."
Your Secretary has taken much pains to acquire an accurate state of the facts relative to this business. He has conversed on this Subject with Mr Lawrence and others, and procured certified Copies of the Records of the Causes alluded to, which Copies are hereunto annexed.
Lawrence, who will shew them the proper places to furnish what may be required.
Given under my hand and Seal at Arms at King's Bridge Forepost, the 3d . day of May 1779. Wm . Tryon, Govr.
I do hereby Certify the above to be true Copies of the original Appointt . and Orders as produced to me this 7' of June 1787.
J. Temple
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One of these Records is of the Proceedings in an Action of Trover brought against him by Jonathan Morrel. Mr . Lawrence plead "that he was not guilty of the Premises above laid to his charge". The Jury who tried the issue found that he was guilty, and assessed the damages of the Plaintif at £230, and the Court gave Judgment accordingly.
Another of these Records is of the Proceedings in an Action of Trespass brought and prosecuted against him by Samuel Broome, Mr . Lawrence plead, "that he was not guilty thereof." The Jury who tried the Issue found that he was guilty, and assessed the Plaintif's damages at £425, and the Court gave Judgment accordingly.
The third Record is of the Proceedings in an Action of Trespass, commenced and prosecuted against him by John Broome. Mr Lawrence plead that he was not guilty thereof. The Jury who tried the Issue found that he was guilty, and assessed the Plaintif's damages at £280, and the Court gave Judgment accordingly.
The word Treaty is not to be found in either of these three Records, so that Mr Lawrence's assertions on that head are not well founded.
Your Secretary is however informed, and believes that in the course of the Trials, the Treaty was urged to the Jury as affording just Cause for their deciding in favor of the Defendant, and that the Court charged the Jury on that subject with great fairness and impartiality; but whether the Juries did not conceive that the Treaty applied to those particular Causes, or from what other Cause is not certain; but the fact is that they found the Verdicts in favor of the Plaintifs in the manner beforementioned.
Your Secretary has been informed and is assured that there has not as yet been a single Adjudication in any
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of the Courts of this State against any Article of the Treaty. Wherever the Treaty has been specially pleaded, and the point thereby brought fairly before the Judges for decision, there is not an instance of a determination against it; but on the other hand there is reason to suspect that some Causes in which the Defendants have been so unwary as to permit them to go to Juries on the general issue, proper respect has not in every instance been paid to the Treaty.
There is another point which seems to deserve attention, and that is how far Remonstrances of this kind can be made with propriety to Congress on behalf of any Sovereign, by a Person not charged by that Sovereign with such Affairs, in the Manner accustomed among Nations.
Sovereigns should be on equal terms in all their Transactions with one another; but that would not be the case if one was always bound and the other always loose. As Sir John has no Commission nor Letter of Credence which would render his King responsible for any thing which Sir John may (in Virtue of private Instructions) say or do in his name, Prudence requires that with respect to all Affairs beyond his Consular Department, he be considered as a private Gentleman.
Your Secretary thinks it adviseable that the Court of London should perceive clearly that Congress will not negotiate in this unsafe and improper way, and also that the Complaints in question against the Justice of this Country are ill founded. For both these reasons it would in his opinion be well to permit him to write the following Letter to his Britannic Majesty's Minister for foreign Affairs, Vizt .
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My Lord
As there is no Person here properly charged with the Affairs of his Britannic Majesty, nor at London with those of the United States, no Communications can be made in that Channel. Occasions however will occur on which some Correspondence may be expedient, especially as mutual silence might otherwise permit Mistakes to prevail, which friendly explanations could easily correct.
Your Lordship will find herewith enclosed a Copy of a Letter to me from Sir John Temple, and a Copy of the Petition of Richard Lawrence which was transmitted with it. They have both been laid before Congress, and by their Order the facts stated by Mr. Lawrence have been investigated.
I have also the honor of conveying to your Lordship herewith enclosed, Office Copies of the Records of the three Causes to which his Petition alludes. They contain no such Pleas as his Petition describes, nor is the word Treaty to be found in either of them. He plead the general Issue in each of those Causes, and the three Juries who tried those Issues, having found Verdicts for the Plaintifs, Judgments were given accordingly.
Why Mr . Lawrence omitted to plead the Treaty if applicable to his case, or why his defence was not so conducted as to give him every advantage in error which the nature of it might admit of, or eventually require, are questions not interesting to the design of this Letter. Your Lordship will easily perceive that his Representations are at least not accurate, that the Judgments contained in those Records must operate until legally reversed, and that they cannot be reversed but in the ordinary course of judicial proceedings, which is as open to Mr . Lawrence as to any other Person.
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1Ordered2 That the above report be referred back to the Secy for foreign affairs to take Order.
[Note 1: 1 Charles Thomson takes up the entry.]
[Note 2: 2 This order is noted in the Committee Book, Papers of the Continental Congress, No. 190, p. 195.]
[Report of Board of Treasury on memorial of J. Woods 3]
[Note 3: 3 Papers of the Continental Congress, No. 138, II, pp. 581--585, read June 13, 1788. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 195, the report was referred to a committee consisting of Mr. Abraham Baldwin, Mr. Abraham Clark, Mr. Nathan Dane, Mr. Thomas Tudor Tucker and Mr. Jonathan Dayton, which reported June 19 1788.]
The Board of Treasury, to whom was recommitted their Report4 on the Memorial of John Woods,
[Note 4: 4 See June 4 and 6, 1788.]
Beg leave to Report to Congress
That from a re-examination of the Claims of the Memorialist against the United States, they are still of opinion, the the Sum received by Mr Wood for his services in the Years 1785 and 1787; are fully adequate to any equitable Claim he may have against the United States, although he was not allowed by the Commissioners for settling Treaties with the Southern Indians in the year 1785, the Sum of 366 5/90ths Dollars which he at that time charged for his own, and pack horse service; the consideration of which appears to have been referred to Congress with a favorable representation on the part of the Commissioners, of the services rendered by Mr . Woods.
That this opinion arises from the consideration, that the Memorialist's charge of service in the Year 1785, being 248 Dollars, is more than one half overcharged, (especially when it is considered, that Mr . Woods attended the Indians at the above Treaty, in the quality of a Trader) and that in a subsequent Account exhibited by him to Mr . Hodgden at Philadelphia, he has been allowed and paid the Sum of 286 37/90ths. Dollars, for charges of lost Horses, and Servants Wages; none of which charges as above stated could on any principle whatsoever be admitted; was a revision of the said account to be made by the proper Officers of the Treasury, which must be the case should the Memorialist, still insist on his right, to further allowance.
That when the claim of any Individual against the United States, depends on services altogether unauthorised, and is unsupported by
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proper Vouchers of Expenditure (which is the case of Mr . Woods) the only point of view in which the same (we presume) can be considered is, what, under all circumstances is an equitable compensation.
On this principle, the Board have acted on their Reports 1 to Congress of the 28th . Febry .and 4th June 1788; in addition to which it is necessary to observe, that when the Warrant on the State of Pennsylvania was granted to the Memorialist, it was with the express intention of satisfying all his claims, and enabling him to return to his place of residence; And altho' it is represented by him, that the said Warrant could not be negociated (on account of depreciation of the Paper Currency of Pennsylvania) at a loss of 50 Per Cent; yet it is certain that the same has been paid by the Memorialist at Par, in discount of Debts contracted by him in the State of Pennsylvania, so that any loss which might be ultimately sustained from this Negociation, cannot fall on the Memorialist, but the Person to whom the said Warrant is transferred.
[Note 1: 1 See February 29 and June 4, 1788.]
Nevertheless, the case of the Memorialist is stated to be such as (unless some relief is granted) will prevent him from returning to his place of Abode; where, his Influence with the Choctaw, and Chickisaw Nations, has been represented to the Secretary at War, to be beneficial to the Interest of the Union; They submit it therefore to the Opinion of Congress, how far considerations of Policy, may render it adviseable to make him a grant of such a Sum of Money, as may be adequate to his present relief, and to the discharge of his Expences, on his Journey homewards.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
June 12th . 1788.
[Report of Board of Treasury on memorial of Elizabeth Wallace 2]
[Note 2: 2 Papers of the Continental Congress, No. 138, II, pp. 491--492, read June 13, 1788. See May 21 and 22 and June 24, 1788.]
The Board of Treasury to whom was referred the Memorial of Elizabeth Wallace, daughter of Robert Patton, late Messenger to Congress,
Beg leave to Report
That the certified claim for Four hundred Dollars stated by the Memorialist to have been found amongst the Papers of her deceased
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Father, was issued to him on Account of his Salary. That the faithful services of the deceased, and the situation of his Family appear to entitle him, in a peculiar manner to the complete discharge of the Arrears due to him.
The Board therefore submit to the consideration of Congress the following Resolve Vizt .
That in consideration of the long and faithful Services of Robert Patton late Messenger to Congress; the Board of Treasury be directed to cancel the Certified Claim of the deceased, for Four hundred Dollars, and to pay the amount thereof, to the person who may be legally authorised to receive the same.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
June 12th . 1788
[Letter of Postmaster General on power to open letters 1]
[Note 1: 1 Papers of the Continental Congress, No. 61, p. 345. The enclosure is on p. 349. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 195, the letter was referred to a committee consisting of Mr. Nathan Dane, Mr. Hugh Williamson and Mr. William Few, which reported June 18, 1788.]
General Post Office
New York June 13th . 1788
Sir: Your Excellency will perceive from the enclosed Extract from a Letter written by the Post Master at Philadelphia, which I received yesterday, that a Case has occurred, in which, for the Promotion of Justice and Support of the Laws, a measure has been thought of that involves in it some important Questions.
During the War Authority was given to the Executives of the States to stop Letters in certain Cases, but no existing Act of Congress gives such Authority at present, and perhaps it would be improper that it should be lodged any where but with Congress; especially as Cases seldom occur in which the Exercise of such a Power will be necessary. As the present appears to be one of that Kind, I beg leave to lay it before your Excellency, and to request the Orders of Congress how to act respecting it.
I have the Honor to be, etc.,
Eben Hazard
His Excy . The President of Congress.
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