CONTINENTAL CONGRESS

1784

THURSDAY, JANUARY 1, 1784.

Six states only attending, namely, Massachusetts, Rhode Island, Pennsylvania, Delaware, Virginia and North Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster, and from the state of Maryland, Mr. [Jeremiah Townley] Chase, the President adjourned Congress till ten o'clock to-morrow.

FRIDAY, JANUARY 2, 1784.

Congress assembled: Present, Massachusetts, Rhode Island, Pensylvania, Delaware, Maryland, Virginia and North Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster, and from the state of South Carolina, Mr. [Jacob] Read.

On the report of a committee, consisting of Mr. [Samuel] Osgood, Mr. [Arthur] Lee and Mr. [Charles] Morris, to whom was referred a memorial of Philip Moore:

Resolved, That the following form of sea-letters be granted for the ship United States, belonging to the memorialist and others:

Most Serene, Serene, Most Puissant, Puissant, High, Illustrious, Noble, Honorable, Venerable, Wise and Prudent Lords, Emperors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Schepens, Councillors, as also Judges, Officers, Justiciaries and Regents of all the good cities and places, whether ecclesiastical or secular, who shall see these Patents or hear them read:

We the United States of America in Congress assembled, make known that Mr. James Moore, supercargo of the ship called "The

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United States," of the burthen of three hundred tons, or thereabouts, at present navigated by Captain Thomas Bell, is of the United States of America, and as we wish to see the said James Moore, supercargo, prosper in his lawful affairs, our prayer is to all the before mentioned, and to each of them separately, where the said James Moore shall arrive with his vessel and cargo, that they may please to receive the said supercargo with goodness, and to treat him in a becoming manner, permitting him, upon the usual tolls and expences in passing and repassing, to pass, navigate and frequent the ports, passes and territories, to the end, to transact his business where, and in what manner he shall judge proper. In testimony whereof, &c.

The Committee [Mr. Thomas Jefferson, Mr. Elbridge Gerry and Mr. Hugh Williamson] appointed to revise the files of reports and appointment of Committees, and to report what matters will require the attention of Congress previous to an adjournment, have revised the files of Reports, digested them under five heads and agreed to the following report thereon:

The first head comprehends important reports requiring the assent of 9 States; these relate to the ratification of the Definitive Treaty, the military arrangements in time of peace, the civil arrangements foreign and Domestic, the territories on our Western border, and the definition of the powers proper for a committee of the States, which several matters are thought essential for the consideration of Congress before their adjournment.

The second head comprehends reports which also require the assent of 9 States; they relate to matters of acct. and particular claims for money, which may probably be despatched in those short intervals or portions of the day in which it may not be convenient to discuss the first great subjects. Many of them however are such as ought not to detain Congress, whenever they shall be ready for adjournment.

The third head comprehends reports, which may be acted on by 7 States and which therefore may be taken up by Congress immediately.

The fourth comprehends those which should be postponed to another Session, some of them being not at all pressing and others not yet matured for determination.

The fifth comprehends those reports which, having been rendered useless by subsequent events may be postponed generally.

The Committee having not had time yet to revise the appointment of Committees, and to arrange their objects under the same heads, beg leave to report again, when they shall have made further progress.1

The Committee [Mr. Richard Peters, Mr. Hugh Williamson and Mr. Arthur Lee] to whom was referred Mr. Blaine Letters of the 25 February, 1783,

Report

That it appear to your Committee that the regulations of the 1st January 1780 for the Commisaries of purchases Department allowing two p cent for all merchantable provisions purchased in twenty fold the prices they were sold at in the year 1774 could not be carried into effect and was virtually repealed by the act of Congress of the 18 march following rating the value of Continental money at forty for one. But as the Commissioner for settling the accounts of that department cannot dispence with said Regulations without an act of Congress, your Committee recommend the following resolve.

That the accounts of the Commissary of purchase department be settled without any regard to the Resolution of the 1 January, 1781, respecting the allowance of two p Ct for all merchantable provision purchased on twenty fold the prices they were sold at in the year 1774, as if the same had never passed.

With regard to that part of Mr Blaine's Letter resquesting an acknowledgement for his services to allow his travelling Expences your Committee are of opinion that as he does not particularize his demands they cannot determine whether any or what gratuity should be made to him it cannot be granted.2

1 This report, undated, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 23, folio 197. According to the record in Committee Books 186 and 191, the committee was appointed December 19, 1783, "reported in part and discharged" January 2, 1784.

'This report, in the writing of John Lewis Gervais, is in the Papers of the Continental Congress, No. 41, I, folio 451. The indorsement states that it was read on this day and filed September 9, 1785.

On this day, according to the indorsement, was read a petition of inhabitants of Kentucky. It is in the Papers of the Continental Congress, No. 41, V, folios 101-102.

Also, a letter of December 30, 1783, from John Sullivan with a letter of November 6, 1783, from the Legislature of New Hampshire. They were referred to

SATURDAY, JANUARY 3, 1784.

Congress assembled: Present the same as yesterday. A letter, of the 17th December last, from Mr. F. Dana, was read, informing Congress of his arrival at Boston, after a passage of 95 days from Petersburg; and desiring to know whether it is the expectation of the Congress, that he should come on to the place of their sessions, and, without loss of time, to render a more particular account of his late mission: Whereupon, on motion of Mr. [Elbridge] Gerry, seconded by Mr. [Jacob] Read,

Resolved, That the president inform Mr. Dana, it is the desire of Congress to receive his communication, relative to his mission to the Court of Russia, and to the disposition of that court towards the United States, as soon as the circumstances of his affairs and the season shall admit of his attending Congress.1

The Committee consisting of M [Abiel] Foster, M: [Edward] Hand and M [William] Ellery, to whom was referred the petition of Nathaniel Greenwood, report that the said petition, with its enclosures, be referred to the Agent of Marine to report."

[Motion of Elbridge Gerry and William Ellery.]

That the President be requested to inform the Plenipotentiaries of the United States in Europe that the definitive treaty was received in the interval of the adjournment of Congress, from Princeton to Annapolis, that in consequence of the severity of the season and other circumstances seven States only have as yet assembled. That they Mr. [William] Ellery, Mr. [Edward] Hand, and Mr. [Richard Dobbs] Spaight. Committee Book No. 186 gives as additional members of the committee Mr. [Thomas] Jefferson and Mr. [Arthur] Lee and says that a report was made January 9. Sullivan's letter is in No. 44, folios 207-216; the letter of the legislature on folios 203-206.

1 This resolution and the preamble were also entered in the Secret Journal, Foreign Affairs.

'This report, in the writing of Abiel Foster, is in the Papers of the Continental Congress, No. 19, II, folio 527. The indorsement states that it was read on this day and agreed to on January 9.

are unanimously desirous of ratifying the treaty. That the measure will be considered as soon as nine States shall be represented in Congress, and there is every reason to expect the ratification will be immediately adopted not the least doubt but that the definitive treaty will be immediately ratified, but as the ratification may not arrive in time to our Ministers Congress are apprehensive of injurious consequences unless the term for exchanging the Treaty should be enlarged.1

[Report of Mr Thomas Jefferson, Mr. Hugh Williamson, Mr. Jacob Read, Mr. Elbridge Gerry and Mr. David Howell relative to ratification of the definitive treaty.]

Whereas it is stipulated in the Definitive treaty of Peace between the United States of America and his Britannic Majesty, that the ratifications of the said treaty shall be exchanged on or before the third day of March next, and there now remains before that period little more time than is requisite for the passage of the said ratification across the Atlantic; and Congress consisting at present but of 7 states, these differ in opinion, some of them considering 9 as requisite under the Confederation to the establishment of every treaty, while others are of opinion, that 9 having ratified the Provisional treaty and instructed their Ministers to enter into a Definitive one, conformable thereto, which is accordingly done, seven may under these particular circumstances ratify what has been so declared by 9 to have their approbation, and those of the former opinion, being equally desirous with the latter that no power which it may be supposed they possess should remain unexercised for the final ratification of this instrument, provided it may be done, with the preservation of good faith towards the other contracting party and without importing that Congress has given any express opinion that the said ratification is authorized by the Confederation.

Resolved therefore, That the states now present in Congress do declare their approbation and so far as they have power their ratification of the said treaty that the Ratification in the usual form be duly attested under the seal of the states and transmitted to our Ministers with instructions to keep the same uncommunicated and to

This motion, in the writing of Elbridge Gerry and William Ellery, is in the Papers of the Continental Congress, No. 25, II, folio 327. It is undated but belongs to this period.