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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Virginia, North Carolina and South Carolina; and from the State of Maryland, Mr. [Thomas] Stone.
The committee, consisting of Mr. [Roger] Sherman, Mr. [William] Ellery and Mr. [George] Partridge, to whom was referred a letter of 17, from Baron Steuben, relative to Lieutenant-Colonel Ternant, report, that upon a perusal
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of the said letter, the report of the Secretary at War of May last, and other papers relative to the rank and services of Lieutenant-Colonel Ternant, they are of opinion that the various and important offices intrusted to him, have been executed in a manner honorable to himself, and highly beneficial to the United States, and that he was justly intitled to the commission of a lieutenant colonel commandant upon the promotion of General Armand; Whereupon,
Resolved, That the commission of colonel in the legionary corps, to which he was attached, be granted to Lieutenant-Colonel Ternant, to bear date from the promotion of General Armand.
Resolved, That as the command of the legion did not devolve on Colonel Ternant upon the promotion of General Armand, he be not entitled to any other pay or commutation than that to which he was intitled as lieutenant colonel in the said corps.1
[Note 1: 1 This report, in the writing of George Partridge, is in the Papers of the Continental Congress, No. 19, V, folio 531. Steuben's letter is in No. 164, folio 258. This resolution was also entered in the manuscript Secret (Domestic) Journal.]
Congress resumed the consideration of the report of the grand committee, appointed to prepare and report to Congress, the arrears of interest, &c. when a motion was made by Mr. [Edward] Hand, seconded by Mr. [Thomas] Jefferson, to amend by inserting "commutation to the army agreeable to the act of 22 March, 1783, 5,000,000, interest thereon, 300,000," immediately before "total:" And on the question to agree to this amendment, the yeas and nays being required by Mr. [Edward] Hand,
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{table}
So the question was lost.
A motion was then made by Mr. [Roger] Sherman, seconded by Mr. [James] Wadsworth, to strike out the four last items in the statement from "1784. Decr. 31. Loan-office debt" to "army debt," etc. both inclusive: And on the question, shall that part of the report stand the yeas and nays being required by Mr. [Edward] Hand,
{table}
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So the question was lost, and that part of the report was struck out.
Ordered, That the farther consideration of the report be postponed till to-morrow.
On the report of Mr. [Samuel] Osgood, Mr. [Arthur] Lee and Mr. [William] Ellery,
The Committee consisting of Mr. [Samuel] Osgood, Mr. [Arthur] Lee and Mr. [William] Ellery to whom was referred the Report on the letter of Wm Williams of the 1st of November, 1783, enclosing an Address from the House of Representatives of the State of Connecticut of the same date and signed by himself as Speaker,
Report, That the following letter be signed by the President of Congress and forwarded to the Speaker aforesaid in answer to the above Address--
Annapolis March 1784
Sir,
Congress have received your Letter of Nov. 1st. 1783 enclosing an Address from the House of Representatives of the State of Connecticut setting forth that in the Statement of the public debt accompanying the Recommendations and Address of Congress of the 18th of April last, they observe a charge of five millions of This draught debated 22 April 1784. Question taken and negatived. Dollars as due to the Officers of the Army granted Question taken and them by Congress in exchange for half Pay for life.
That they are not satisfied that half pay for life or five years' full pay in lieu thereof, are warranted by the Articles of Confederation, or that the power to make such grant was ever delegated to Congress.
That it is considered as an unnecessary exercise if not an unwarrantable stretch of Power; and that they cannot reconcile it to Principles of Justice, more especially as it respects the Officers of that State.
That the Pay of the Officers was fixed by Congress at a Rate fully proportionate to that of the private Soldiers. That neither have
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been paid agreeably to the original Stipulation, which arose from an unavoidable Disability in the States, which Inconvenience has affected the Citizens as well as the Officers and Soldiers.
That seven years half Pay was granted to quiet the Uneasiness of the Army, notwithstanding which they soon soon after appear to be upon the Point of quitting the Service. A Reform of the Army was Judged necessary on account of the great Number of Supernumerary Officers, and half Pay for Life was extended to those who should be deranged on account of such Reform. This seems to imply an Inconsistence. That it does not appear from the Resolve of Congress that the half Pay for Life was designed to supply the Deficiency of Wages arising from depresiation; but they can find no other probable Cause.
That they therefore call the attention of Congress to their Recommendation to the States to settle the Accounts of their respective Line of the Army and to make up the Deficiency of their Pay on account of the Depreciation.
That in Compliance therewith they have actually secured to their Officers and Soldiers the full of their Wages to the last of December, 178; notwithstanding which Congress have proceeded to secure to thier Line of the Army their Wages from the 1st of August, 1780. That the half Pay is considered as absorbed or as inuring to the States by the Settlement above referred to.
That on account of the above Considerations it seems impracticable to execute any measures for raising its Quota of the public Debt as stated; tho' they are not disposed to pass a negative on the Requisition of Congress, on the ground of its being unsupported by the Articles of Confederation as to the mode of Collection
That they most earnestly request the serious attention of Congress to this important subject and that they will take measures consistent with public faith and the principles of Justice to remove all causes of Jealousy and Complaint.
From the above Observations the following Questions naturally arise are suggested:
First. Whether The Congress that passed the Resolution of the 21st of October, 1780, were authorized and empowered to make the grant of half Pay for Life contained therein?
Second. If they were vested with Power to make such a grant, whether it was necessary and expedient?
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Third. Whether, under the Circumstance stated, it is consistent with the Principles of Justice to extend the Grant to the Officers of the State of Connecticut?
With Respect to the first Question, it cannot be expected that the present Congress should be able to define the Powers under which the Delegates from the several states acted previously to the Confederation. The States themselves have not done it. They all gave general Powers to carry on the War and to oppose the then Enemy effectually.
The Recommendations of Congress at that Time, of whatever nature they were, required the express approbation of the respective States to make them compleatly valid. In many Instances, there appears to have been no express, but such a Kind of tacit Assent as among Nations has always been deemed equal to an express Ratification. Such were the Resolves for Establishing the monthly Wages and the Emoluments of the Army; and for emitting Paper Money.
The Resolution of Congress referred to, appears by the Yeas and Nays to have been pass'd, according to the then established Rules of that Body in transacting the Business of the United States. The Resolution itself had public Notoriety, and was not does not appear to have been formally objected against by the legislature of any State till after the Confederation was compleatly adopted, nor till after the Close of the War.
By the 12th Article of the Confederation, all Debts contracted by or under the Authority of Congress, before the assembling of the United States in Pursuance of the present Confederation, shall be deemed and considered as a charge against the United States for the Payment of which the Faith of the United States is solemnly pledged.
Twelve States ratified,as far as depended on them, the Confederation, previously to the passing of the Resolution referred to: But can those States plead that, upon a fair Construction they bound themselves only to pay those debts which were contracted previously to the Date of their individual Ratification; and that they are not bound to pay those which were contracted after that Period until the Time of the final Completion of the Confederation? Or, can it be urged by any State, that, not considering the Importance of their particular Act of Ratification at the time they pass'd it, they are not therefore responsible for all the Consequences that seem naturally to follow therefrom?
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If this Construction could be supported upon the Principles of Reason and Justice (as an Obligation must exist somewhere) to discharge the Debts contracted in that intermediate Space of Time, The State which last ratified the Confederation would seem alone to be responsible therefore.
The Question is not whether Congress are vested by the Confederation with a Power to grant half Pay for Life. This need not be enquired into. It is, whether by the 12th Article of the Confederation, they can do otherwise than to acknowledge that a debt was created by the resolution of the 21st of Oct., 1780, Which Resolution was agreed to by persons, having Plenipotentiary powers from their respective States, to do whatever appeared to them necessary and expedient for opposing the then enemy effectually.
With respect to the expediency or necessity of the measure we can only observe, that if we were clearly empowered so to do we have great reason to distrust our own competency to judge in this matter, none of the present Delegates being Delegates present having been in Congress at that particular time. That a proper degree of Respect to the States, obliges us to suppose that they appointed persons most worthy of the trust and confidence placed in them. That tenderness to the character of those who constituted that Congress, who acted from an immediate view of the most cogent reasons that operated in favor of it, which we cannot now he fully impressed with, demands liberality of sentiment in this respect.
The alteration of the mode of payment cannot be material in the question unless it can be proved that the exchange is less favourable to the United States than the half pay for life. The last Measure has rendered the Receivers as independent of Congress as any other public Creditors, who have not usually been considered as Pensioners, nor as Supporters of undue Influence and arbitrary Measures.
We have omitted to remark on several other matters contained in the address, and have confined ourselves to that which seems to have been the occasion thereof--We have only to request a candid examination of the question by the House of Representatives of the State of Connecticut, and we cannot but flatter ourselves that the Union will have in this as in all other federal Matters their firm support; that they will always exercise that Candor and liberality of sentiment towards the opinions of others, which is absolutely necessary
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without which it will be impossible to provide for the general Interest of the United States.1
[Note 1: 1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 20, I, folio 341. According to the indorsement, and the record in Committee Books, No. 186 and No. 191, it was delivered March 1, was debated March 12 and negatived April 22, the resolution by Mr. Osgood being passed. On March 15 Mr. [Jacob] Read, seconded by Mr. [Hugh] Williamson moved to commit. Thomson's endorsement states that Mr. [James] Wadsworth gave notice he would call for the yeas and nays, which, however, seem to have been called for by Mr. [Thomas] Stone. The record of this vote is on the verso of Osgood's motion and noted by Thompson "These yeas and nays withdrawn."]
To remedy the evil which has arisen from the irregular settlements the committee recommend the following resolution:
Resolved, That the paymaster general be, and he hereby is directed to govern himself in settling the accounts of the army since the year 1779, by the payments made by the respective states to their lines, so that where the pay has been secured by any State, the same shall not be again secured by the United States.2
[Note 2: 2 This resolution and preamble, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 20, I, folio 339. According to the indorsement, the answer to Connecticut was negatived on this day, and this resolution passed.]
The Committee [Mr. Elbridge Gerry, Mr. Jacob Read, Mr. Hugh Williamson, Mr. Jeremiah Townley Chase and Mr. Thomas Jefferson] to whom was referred sundry Letters and Papers relative to Commercial matters, submit the following circular letter and Resolves:
The trust reposed in Congress renders it their duty to be attentive to the conduct of foreign nations, and to prevent or restrain as far as may be, all such proceedings as might prove injurious to the United States.
The delicate situation of commerce at this time, claims the attention of the several States, and it will be admitted that few objects of greater importance can present themselves to their notice. The fortune of every Citizen is interested in the fate of commerce: for it is the constant source of industry and wealth; and the value of our produce and our land must ever rise. or fall in proportion to the prosperous or adverse state of trade.
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Already has Great-Britain attempted a monopoly which is destructive of our trade with her West-India Islands. There was reason to expect that a measure so unequal, and so little calculated to promote mercantile intercourse, would not be persevered in by an enlightened nation: but the measure seems to be growing into a system, and if it should be attended with success, there is too much reason to apprehend other nations might follow the example, and the commerce of America become the victim of illiberal policy.
It would have been the duty of Congress, as it was their wish, at an earlier period, to have met the attempts of Great-Britain with similar and adequate restrictions on her commerce, but their powers on this head were not explicit; and though they are not to suppose that a free people would be jealous of men whom they chuse from year to year to consult and guard their interest, yet it is with reluctance that Congress now make a proposition which may be suspected to have originated in a desire of power, although the measures already adopted by the legislatures of the several States seem to render it their duty to take the general sense of the union on this subject.
It will certainly be admitted, that unless the United States can act as a nation and be regarded as such by foreign powers, and unless Congress for this purpose shall be vested with powers competent to the protection of commerce, they can never command reciprocal advantages in trade; and without such reciprocity, our foreign commerce must decline and eventually be annihilated.
That the United States may be enabled to secure such terms of equality in their commerce with foreign nations, is the object of this address; and it will appear by the papers herewith transmitted, that however desirous some of the states may be, that further powers should be vested in Congress for the external regulation of trade, much time and valuable opportunities might be lost before any thing effective could be done, considering the vague and different powers that are proposed to be given by different States. Hence it seems necessary that the States should be explicit, and fix on some particular mode by which foreign commerce not founded on principles of reciprocity, may be restrained. Imposts or duties have been the general instruments for effecting this purpose, but Congress have agreed to recommend another measure which is more simple, equally effective, and may be less exceptionable: For this purpose they have
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Resolved, That it be recommended to the Legislatures of the several States, to vest the United States in Congress assembled, for the term of fifteen years, with power to prohibit any goods, wares or merchandise from being imported into or exported from any of the States except in vessels belonging to and navigated by citizens of the United States, or the subjects of foreign powers with whom the United States may have treaties of commerce entitling them to such privilege in vessels belonging to or navigated by the subjects of any power with whom these States shall not have formed Treaties of Commerce.
Resolved, That it be recommended to the legislatures of the several States, to vest the United States in Congress assembled, for the tea of fifteen years, with the power of prohibiting the subjects of any foreign state, kingdom or empire authorized by Treaty from importing into the United States, any good wares or merchandize unless such as are which are not the produce or manufacture of that state, kingdom or empire, the Dominions of the Sovereign or whose subjects they are.1
[Note 1: 1 A printed copy of this report, with corrections in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, V. folio 401. The indorsement states that it was read on this day and ordered for Monday, April 26. See ante, October 9, 1783.]
The Committee consisting of Mr. [David] Howell, Mr. [Edward] Hand and Mr. [William] Ellery to whom was referred a motion of Mr. [David] Howell having considered the same find
That John Weis, late Provost Marshall to the army, did in the spring of the year 1777 enlist himself as a Drum Major in the then first Rhode Island Regiment commanded by Colonel Christopher Green.
That on the first of October following he was by the orders of Major General Putnam, appointed Provost Marshall to the army under his command on the Hudson in which capacity he acted until he was appointed Provost Marshal to the Main Army on its assembling at White Plains in the year 1778; and that he discharged the duties of that office with fidelity until March, 1780, when he resigned, notwithstanding, which he has received depreciation on his pay to the first of October, 1777, only.
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Your Committee therefore offer the following resolution:
Resolved, That it be and is hereby recommended to the State of Rhode Island and Providence Plantations to make good to John Weis sometime Drum Major in the 1st. Rhode Island Regiment, and afterwards Provost Marshall to the Army from the 1st. day of October, 1777, to the time of his resignation as Provost Marshall and charge the same to the U. S.1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, VI, folio 515. The indorsement states that it was read on this day.]
[Motion of Mr. Elbridge Gerry on settling Accounts of Massachusetts with sundry papers April 22, 1784. Referred to Mr Hugh Williamson, Mr Samuel Hardy, Mr Edward Hand.]
Whereas in the month of February, 1776, the accounts of the State, then Colony of Massachusetts for money advanced to the Union were rendered to a Committee of Congress for examination.
And Whereas there is evidence that the said accounts were well vouched, so far as was necessary to prove the purchases or expenditures of the monies so advanced, and the final settlement was deferred, that equal proof or the best that could be obtained during the confusion which inevitably prevailed at and for a considerable time after the commencement of hostilities in 1775 might be given of the issues of such of the articles so purchased as were not vouched by the accounts rendered.
And whereas the box containing the said accounts and vouchers has from that period been under the care of the officers of the Treasury of the U. S. and by the various movements of the office, the said accounts and vouchers are deranged and many of them lost and it is neither reasonable nor just that the said State should suffer any loss by such accident
Resolved, that the Commissioner for liquidating the accounts of Massachusetts be instructed to pass the accts. rendered as aforesaid without a reexamination of what respects the purchases or cost of the articles supplied and to admit as evidence of the issues the best that can reasonably be expected considering the unavoidable confusion that took place at and for a considerable time after the commencement of the late war with G. Britain.2
[Note 2: 2 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 20, I, folio 167.]
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[Report on Mr Halsted's petition by Mr Roger Sherman, Mr John Beatty, Mr. Samuel Dick.]
The Committee consisting of--to whom was referred the petition and memorial of John Halsted, late Deputy Commy. Genl. in Canada, have agreed to the following report.
That Congress by their Act of the 1st of October, 1783, have directed the Commissioner of Accounts for the Commissary's Department, upon what principles the Accounts of Mr. Halsted shall be settled; but he not having submitted the whole of his accounts for purchases of provisions in Canada and the amount of the debts he has contracted there on behalf of the United States to the proper officer appointed to liquidate the same; Congress cannot consistently at this time take any measures for the payment thereof.
That so much of his petition as relates to the payment of a ballance due on a liquidated Account be referred to the Superintendant of Finance to take such order thereon as the circumstances of the case may require and the state of the finances will admit.1
[Note 1: 1 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, III, folio 15. The indorsement states that it was read on this day and on March 24, 1785, referred to Mr. [William] Ellery, Mr. [John] Bull, and Mr. [Samuel] Holten.]
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