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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, Delaware, Maryland, Virginia, North Carolina and South Carolina; and from the state of Georgia, Mr. [William] Houstoun.
On the report of a committee, consisting of Mr. [William] Ellery, Mr. [James] Monroe, Mr. [Jacob] Read, Mr. [Hugh] Williamson and Mr. [Richard Dobbs] Spaight, to whom was referred a petition of Jonathan Eddy, and other refugees of Nova Scotia,
Resolved, That Jonathan Eddy, and other refugees from Nova Scotia, on account of their attachment to the interest of the United States, be recommended to the humanity and particular attention of the several states in which they respectively reside; and that they be informed, that whenever Congress can consistently make grants of land, they will reward, in this way, as far as may be consistent, such refugees from Nova Scotia, as may be disposed to live in the Western country.
The report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Rufus] King and Mr. [John] Beatty, to whom was referred a motion from the delegates of Virginia, being called, and the same being read as follows:
"That agreeably to the condition of the act of cession from the State of Virginia, a commissioner be appointed, who, jointly with the commissioner on the part of the said state, shall be authorized to appoint a third, and that they, or a major part of them, shall be empowered to adjust and liquidate the accounts of the said state against the United States, for the necessary and reasonable expenses incurred by that state in subduing any British posts, or maintaining any forts or garrisons within and for the defence, or in acquiring any part of the territory ceded by the said state to the United States."
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A motion was made by the delegates of Virginia, that the same be postponed, in Order to take up the following:
The Delegates from the Commonwealth of Virginia, in the Congress of the United States, represent to Congress,
That Whereas by an act of the Commonwealth of Virginia, authorizing the delegates of the said State, to cede to the United States the claim of said Commonwealth, to the Territory N. West of the river Ohio, and which act of Cession hath been accepted by Congress, it is among other conditions stipulated,
"That the necessary and reasonable expences incurred by the said state in subduing any british Post; or in maintaining forts and garrisons within, and for the defence, or in acquiring any part of the Territory so ceded or relinquished, shall be fully reimbursed by the United States; and that one Commissioner shall be appointed by Congress, and one by this Commonwealth, and another by those two Commissioners, who, or a majority of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expences incurred by this State, which they shall judge to be comprised within the intent and meaning of the Act of Congress of the 10th of October 1780, respecting such expences. And whereas, in consequence of the said Cession and Acceptance aforesaid, Congress have already taken certain steps, and are proceeding to take further measures to avail the United States of the Territory so ceded, by a sale of the same, for the common benefit of the Union. And it being reasonable and right, that both the contracting parties shall receive the benefit of the Contract, which assigns no limitation in point of time to the payment of expences so as aforesaid incurred, and therefore in fair and just legal construction becomes due so soon as the said act of Cession was accepted by the United States. And the Commonwealth of Virginia, being ready to proceed to such liquidation, its delegates cannot suppose that the justice of Congress will permit the delay of the appointment of a Commissioner on the part of the United States for the speedy adjustment of such expences. And therefore the Delegates aforesaid in right of the State they represent submit the following resolutions to the United States in Congress assembled:
Resolved, That a Commissioner be forthwith appointed by the United States in Congress assembled, who, with a Commissioner to be appointed by the Commonwealth of Virginia, and in conjunction with a third Commissioner to be chosen by the two, so as aforesaid appointed,
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or a majority of them; shall proceed without delay to adjust and liquidate the Account of the necessary and reasonable expences incurred by the Commonwealth of Virginia, which they shall judge to be comprized within the intent and meaning of the Act of Congress, of the 10th of October, 1780.
Resolved, That in Consideration of the present distressed State of the federal finances, and with the consent of the Delegates of the said Commonwealth, not more than one half of the amount of the said expences so liquidated, shall be deducted from the requisition made by the United States in Congress, from the said Commonwealth for this Year 1785, and the ballance of the said liquidated expences shall be credited to the said Commonwealth, in the requisition that may be made for the Year 1786.1
[Note 1: 1 This document, in the writing of a clerk, with some alterations by James Monroe, has been wafered into the Journal, at this place, by Charles Thomson.]
And on the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. Monroe,
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So it passed in the negative.
The report was then taken into consideration, and thereupon,
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Resolved, That agreeably to the condition of the act of Cession from the state of Virginia, a commissioner be appointed, who, jointly with the commissioner on the part of the said state, shall be authorized to appoint a third, and that they, or a major part of them, shall be empowered to adjust and liquidate the accounts of the said state, against the United States, for the necessary and reasonable expences incurred by that state in subduing any british posts or maintaining any forts within and for the defence, or in acquiring any part of the territory ceded by the said state, to the United States, conformably to the resolve of Congress of the 10 October, 1780.
Resolved, That Monday next be assigned for electing the said Commissioner.
On the report of a committee, consisting of Mr. [David] Howell, Mr. [John] Beatty and Mr. [William] Grayson, to whom was referred a memorial of Michael Connolly,
Resolved, That any state which shall have settled with, and paid the officers or privates of their late lines in the army of the United States, on the principles of the resolution of June 1, 1784, relative to the proofs of claims to be admitted by the pay master general, shall be empowered to charge such payments to the United States: Provided that such payments shall appear to have been made for services, which shall not have been settled for by the pay master general.
On the report of a committee, consisting of Mr. [David] Howell, Mr. [William] Ellery and Mr. [Charles] Pinckney, to whom was referred a memorial of James Byers,
Resolved, That in consideration of the voluntary relinquishment made by James Byers, director of the foundery for casting brass Ordnance, of a contract between him and the United States, by which he was to receive eight hundred dollars a year, the Commissioners of the treasury take Order
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for the payment of the balance found due to the said James Byers, on a final settlement made on the 11th day of June, 1782, and take up and cancel a certificate therefor, amounting to three thousand four hundred and thirty one dollars and fifty one ninetieths, with the interest thereon.1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, I, folio 485.
On this day, according to Committee Book 186, the committee of January 17 on the motion of Mr. Read to appoint commissioners to survey the western country, was discharged.
Also the committee of March 7, on a motion respecting the Treasury, was discharged.]
The Committee [consisting of Mr. David Howell, Mr. Gunning Bedford, Mr. John Henry, Mr. Charles Pinckney and Mr. William Samuel Johnson] to whom was referred a motion of the delegates of the State of Massachusetts relative to a cession of part of that States claim to western territory, beg leave to report the following resolution--
Resolved, That Congress in behalf of the U. States, are ready to accept all the right, title, interest, jurisdiction and claim of the State of Massachusetts to certain western lands described in the form of a deed of cession in the words following to wit tendered to Congress by the delegates of sd. State in pursuance of full powers given them for that purpose, whenever the sd. delegates shall execute sd. Deed.2
[Note 2: 2 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 30, folio 607. According to the indorsement and Committee Book No. 190, it was read this day. See post, April 18.]
The committee [consisting of Mr. Rufus King, Mr. Hugh Williamson and Mr. Robert R. Livingston], to whom was referred the Memorial of Saml. A. Otis, praying a settlement of the Public accounts of the late company of Otis & Andrews, of Samuel A. Otis, and the Company of Otis & Henley submit the following report:
That the said Otis & Andrews, S. A. Otis, and Otis & Henley acted at various periods of the late War as Agents under the Departments of the Cloathier General and the Q. M. General of the late Army. That Moneys were advanced to the said Agents by the U. S. in both Departments, and that from the depreciation thereof, it has become necessary that the Accounts of the said Agents should be examined by a single Commissioner who should be authorized finally to settle
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the Accounts of the said Agents in both Departments; and as the Commissioner for the Department of the Cloathier General hath already made a progress in the settlement of some of the Accounts of the said Agents, the Committee submit the following Resolve:
That the Commissioner for settling the Accounts of the Department of the Cloathier General be, and hereby is, impowered to examine and settle the Accounts of the late company of Otis & Andrews, of Samuel A. Otis, and of the late Co. of Otis & Henley conformably to the Resolves of Congress, as well in the Department of the Qr. Mr. Genl. as in that of the Cloathier General.
And to the end that full justice may be done between the said Agents and the U. S. touching the Depreciation of monies, the said Commissioner is hereby instructed to receive from the Commissioner for settling the Accounts of the Department of the Q. M. Genl. all such accounts Papers and Vouchers as he may be possessed of relative to the said Agents transactions with that department, and the said Commissioner is hereby further instructed to revise such Accounts with the said Agents in the Department of the Cloathier Genl. as he may have heretofore examined, comparing therewith the Accounts of the said Agents for the same period with the Department of the Q. M. Genl. that he may discover the advances which have been made to them on either account and settle the Depreciation accordingly.1
[Note 1: 1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 19, IV, folio 485. According to indorsement it was read this day and passed April 15.
April 13: The following committees were appointed:
Mr. [Charles] Pinckney, Mr. R[obert R.] Livingston, Mr. [Rufus] King, Mr. [James] Monroe and Mr. [William Samuel] Johnson, on the report on "court of appeals Letter of C[yrus] Griffin and [John] Lowell Meml. G. Meade &c." A report was rendered June 1.
Mr. [Hugh] Williamson, Mr. [Samuel] Holten and Mr. [Joseph] Gardner, on the letter of April 10, 1784, from Joseph Carleton, respecting officers of the Medical Corps at Charleston. This committee was, later, discharged and the matter referred to the Secretary at War.
Mr. [William Samuel] Johnson, Mr. [William] Ellery and Mr. [Melancton] Smith on the petition of Caleb Brewster. A report was rendered April 15.
Also, on this day, the letter of December 19, 1784, from the Secretary in the War Office, respecting courts martial and deserters, was referred to the Secretary at War to report. He reported March 30, 1786.
Also, a letter from C. W. F. Dumas was sent to the Secretary for Foreign Affairs, for translation and a translation was reported April 28.
Committee Book No. 190.]
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