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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
The committee, consisting of Mr. [Abraham] Clark, Mr. [Ezekiel] Cornell, Mr. [Thomas] McKean, to whom were referred the report of the Secretary at War, on a petition of Dr. Hagan, and the memorials of Dr. Jackson, Dr. Williams, Dr. Eaker, and Dr. Frinke, delivered in a report; Whereupon,
Resolved, That the comptroller be, and he is hereby, authorised and directed to adjust the accounts of all the officers of the late general hospital for pay and subsistence, up to the time the arrangement took place in October September, 1780, or for so much of the preceding time as they continued in service, upon their producing proper documents of the time of their respective services.
Resolved, That it be, and hereby is, recommended to the legislatures of the several states, to settle and discharge on
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account of the United States, the depreciation of pay of such officers in the late general hospital as are inhabitants of, or belong to their respective states, who resigned their appointments after the 10th day of April, 1780, or became supernumerary by the new arrangement in October September, 1780.
Resolved, That the comptroller be, and he is hereby, authorised and directed to settle the depreciation of pay of officers in the late general hospital, who resigned or became supernumerary as aforesaid, and who do not belong to any particular State, in the same manner as hath been provided for the officers of the late Colonel Hazen's regiment.
Ordered, That the account of Dr. Frinke, for taking care of the sick and Wounded in the retreat from Ticonderoga, in 1777, and for furnishing supplies for the same, be returned to Dr. Frinke, and the settlement suspended, until authentic vouchers shall be produced respecting such services and expenditures.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 22, folio 65.
Eaker's memorial, dated February 18, is in No. 41, III, folio 69; Hagan's, undated, is in No. 41, IV, folio 193; Jackson's, dated January 28, is in No. 41, IV, folio 426.
The Secretary at War's report is in No. 149, I, folio 119, and is as follows:
War Office January 16th, 1782.
Sir,
On the petition of Dr. Francis Hagan referred, the following resolve is submitted to the consideration of Congress:
That the Comptroller be and he is hereby authorised and directed to adjust the account of Dr. Francis Hagan late Physician and Surgeon in the General Hospital for pay and depreciation in the same manner as have been provided for the officers of General Hazen's Regiment.
The following report, without date, is in No. 149, I, folio 117: There being a number of officers who by former acts of Congress are entitled to pay or additional pay, and who cannot obtain a settlement of the depreciation due thereon from the respective States of which they are Inhabitants.
Therefore, Resolved, That the Comptroller be directed to settle the accounts of all such officers on the same principles as he settled with the officers of Colonel Hazen's Regiment.]
The committee, consisting of Mr. [George] Clymer, Mr. [Samuel] Livermore, Mr. [Samuel] Osgood, Mr. [William]
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Ellery, Mr. [Richard] Law, Mr. [William] Floyd, Mr. [Abraham] Clark, Mr. [Daniel] Carroll, Mr. J[oseph] Jones, Mr. [Benjamin] Hawkins, Mr. [Nicholas] Eveleigh, and Mr. [Edward] Telfair, to whom was referred the report of a committee on a letter from the Superintendant of finance, and a plan for the settlement of public accounts, delivered in a report, which was taken into consideration; and thereupon, Congress agreed to the following resolutions:
Whereas it is become indispensably necessary to settle and adjust, and finally to determine the proportions to be borne by the several states of the expences of the war, from the commencement thereof until the first day of January, 1782, except the moneys loaned:
And whereas, from the present situation of some of the states, the rule for fixing such proportions agreeably to the Articles of Confederation, to wit, a valuation of lands, buildings, and improvements, cannot, with any degree of certainty, be proceeded on; and as, from a consideration of the states having been variously affected by the war, the said rule, upon a valuation hereafter to be taken, might not, if strictly adhered to, without proper allowances for particular circumstances, produce that equal justice so desirable in this important object.
In order, therefore, that the aforesaid expences may be proportioned in a speedy and equitable manner,
Resolved, That it be earnestly recommended to the several legislatures of the respective states, without delay, to authorise and empower the United States in Congress assembled, in the final settlement of the proportions to be borne by each State, of the general expences of the war, from the commencement thereof until the first day of January, 1782, except the moneys loaned to the United States, for the security and discharge of the principal and interest of which Congress rely on a compliance with their requisition of the third day of February, 1781, to assume and adopt such
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principles as, from the particular circumstances of the several states, at different periods, may appear just and equitable, without being wholly confined to the rule laid down in the eighth Article of the Confederation, in cases where the same cannot be applied without manifest injustice:
That it be recommended to the states respectively to obtain and transmit to Congress, as soon as may be, all such documents and information as they may judge most proper, to assist the judgment of Congress in forming just estimates of the value and abilities of each State at the close of every year within the aforesaid term, in order to settle the proportions before mentioned.
Resolved, That upon settling the annual proportions of the several states, of the expences of the war, up to the first day of January, 1782, where any of the states have exceeded their proportions, an interest of six per cent, per annum shall be allowed thereon, and a deduction equal thereto made in the future annual proportions of those states; and where any states shall appear to have been deficient in advancing their proportions, a like interest shall be charged thereon, and such deficiency charged in the future proportions of such states.
And whereas it is necessary to make a settlement of all accounts between the United States and each particular State, and the creditors of the United States within the same,
Resolved, That a commissioner for each State, for the purposes hereinafter expressed, be appointed as follows: he shall be nominated by the Superintendant of the finances of the United States, and approved of by the legislature or the executive of the particular State for which he shall have been nominated; and upon the death, refusal, or inability to act, of such commissioner, another person to supply his place shall be nominated by the Superintendant of the finances, and approved of by the executive or the delegates attending in Congress of the State for which he shall be nominated, as
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the legislature of the State shall direct; that the said commissioner so appointed shall have full power and authority finally to settle the accounts between the State for which he shall have been nominated, and the United States; that all accounts of moneys advanced, supplies furnished, or services performed, between the United States and a particular State, shall be estimated according to the table of depreciation framed by the Board of Treasury on the 29 day of July, 1780, in consequence of the resolution of the 28 day of June preceding, to the time the same is extended: [provided always, that specific supplies, furnished pursuant to requisitions of Congress, shall be settled agreeable to the prices mentioned in such requisitions;] that he be also fully empowered and directed to liquidate and settle, in specie value, all certificates given for supplies by public officers to individuals, and other claims against the United States by individuals for supplies furnished the army, the transportation thereof and contingent expences thereon, within the said State, [according to the principles of equity and good conscience, in all cases which are not or shall not be provided for by Congress:]
That the said commissioner, in the various branches of duty herein directed, shall in such matters of form as regard merely the stating of his accounts, proceed agreeably to rules to be prescribed to him by the comptroller of the treasury; but in all other matters and things concerning the settlement with individual states, according to such modes and principles as Congress have directed or shall direct:
That each of the said commissioners be allowed a salary of fifteen hundred dollars per annum, and that he appoint his necessary clerks, with the salary of five hundred dollars per annum each, for the time they shall severally be employed in this service, which shall be in full for all services and expences.
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That the said commissioners respectively give public and early notices of the times and places of their settling, and the districts within which they settle accounts, that as well the public officers as the private individuals may have an opportunity to attend:
That each commissioner, before he enter upon the business for which he is appointed, shall take the following oath:
"I, A. B. do solemnly swear that I will truly and faithfully execute the office of commissioner to which I am appointed, according to my best skill and judgment, without favor or affection. So help me God."
That each clerk at his appointment shall also take an oath truly and faithfully to execute the duties of his office according to the best of his skill and understanding; and that certificates of these oaths be filed in the secretary's office of the State.
And it is hereby further recommended to the several legislatures of the respective states, to grant the commissioner, by a law to be enacted for that purpose, a power to call witnesses and examine them upon oath or affirmation, touching such claims and accounts as shall be produced for liquidation and settlement.
The committee not having yet finished the business committed to them beg leave to sit again.1
[Note 1: 1 This report, in the writing of George Clymer, except the parts in brackets, which are in that of Abraham Clark, is in the Papers of the Continental Congress, No. 26, folio 327.
On this day, according to the indorsement, was read a letter dated Philadelphia, February 18, from General Washington. It was referred to Mr. [Elias] Boudinot, Mr. [Ezekiel] Cornell, Mr. [Thomas] Bee. It is in No. 152, X, folio 443: It is printed in the Writings of Washington (Ford), IX, 443.]
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