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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled: Present, Massachusetts, New York, New Jersey, Pennsylvania, Maryland, Virginia and North Carolina; and from New Hampshire, Mr. [Pierse] Long; from Rhode Island, Mr. [James] Manning; from Delaware, Mr. [William] Peery, and from Georgia, Mr. [William] Few.
[Motion of Mr. Grayson]
That the commanding officer of the troops of the United States do take such positions along the Ohio as to protect the inhabitants from the incursions and depredations of the Indians.1
[Note 1: 1 According to Committee Book No. 190, this motion was offered by William Grayson on June 15. As there entered, by Roger Alden, it reads: "Motion of Mr. Grayson of the position to be taken by the commanding offr. on the Ohio, for protection of the frontiers." The complete text, above, is found in the report of the Secretary at War on said motion, dated June 19 and read June 21.]
The Board of Treasury to whom was Referred a Motion of the Honorable the Delegates of the States of Virginia and Pennsylvania, for reviving the powers of the State Commissioners for Adjusting Claims of Individuals against the United States, Beg leave to lay before Congress an Abstract of the period of Time employed by the State Commissioners in Adjusting the Claims of Individuals against the United States; and of the Expense which has already attended the execution of this Commission.
From the Statement Congress will observe that in almost every State in the Union, the State Commissioners have been engaged in this Business from two to three Years during which time it appears from their Official Correspondence, that little or no part of their time has been employed in Examining and Adjusting the Accounts of the State, in which they acted, with the United States.
That this is an object whose speedy completion in the judgement of this Board, is become indispensably necessary for preserving not only the Peace, but the Existence of the Federal Government; and
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therefore that the attention of the State Commissioners ought not to be diverted from it, for any consideration of an inferior degree of importance.
The Board beg leave to observe, that no Official Application has been made to them on the subject of Reviving the powers of the State Commissioners for Adjusting the Claims of Individuals, beyond the term prescribed by the Resolves of Congress of the 17th. March, 1785, excepting from the States of New Jersey and New York: and that on both these Applications, the Board have already given their Opinion that the same could not be complied with, without endangering the Interests of the Union.
With respect to the States of Pennsylvania and Virginia whose Motion is the object of this Report, it becomes our Duty to observe, that in the former State, the Term employed for Liquidating the Claims of Individuals has been much longer, and the Expence much greater than in any other State; and that in the latter, the State has Assumed the Settlement of the Claims of their Citizens against the United States, both before and after the Appointment of the Commissioner on the part of the United States. The proof of this Observation will appear by recurring to the Abstract, and to the Extract of a Letter from the Commissioner of Public Accounts in the State of Virginia which accompany tiffs Report.
Nor has the Settlement and Assumption of Claims against the United States been confined solely to the State of Virginia The same practice has taken place in a very extensive degree in the States of Maryland, North and South Carolina: To revive the Powers of the Commissioners for Adjusting the Claims of Individuals in the States, under this predicament, would be therefore nugatory.
The States themselves are in this instance, the Accountable Parties with the Union; and for this Settlement the powers of the State Commissioners are still in force.
We beg leave further to Observe, That, in the Execution of the powers vested under the former Commission. there is every reason to fear, in spite of all the Caution which might be used by the respective State Commissioners, great Abuses and Impositions have taken place, by which the Domestic Debt is in all probability much greater than was justly due.
However proper it might have been to adopt a liberal line of Settlement, with those who had furnished Service or Supplies for the Establishment of the General Liberties, the Admission of the Oath of
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the Claimant, in many Cases where other Testimony was defective, has undoubtedly proved a fruitful Source of augmenting the Public Expence, and of Corrupting the Virtue of the People, which is the only solid Basis of Republican Government.
The Wisdom of your Honorable Body will therefore determine how consistent it is either with Policy or Public Integrity to continue so powerful an incitement to Fraud and Perjury, as private Interest; or to encourage the augmentation of the National Debt, whilst there is so little prospect of discharging the interest of what is already Liquidated.
The Claims of Individuals against the United States remaining Unliquidated, are either inconsiderable or not so.
If they are inconsiderable, it surely would be improper for the sake of a partial Relief, to revive a System so Expensive in the Execution, and so injurious to the general Interest; especially when the Office of the Treasury is still open for receiving and adjusting all just demands against the United States.
If they are Considerable, it would, we humbly presume, be more equitable for such States, whose Citizens have neglected to avail themselves of the General Commission, to Appoint at their own Expence, an Agent to receive the Unliquidated Claims of their Citizens, and to adjust them at the Treasury of the United States, than it would be to Subject the Union to the great Expence and Evils which would inevitably Accrue from a General Revival of the Powers of the State Commissioners to Adjust the Claims of Individuals against the United States.
For the Reasons above Stated, the Board are of Opinion, That it would be improper to Revive the Powers of the respective State Commissioners for adjusting Individual claims, agreeably to the Resolves of Congress of the 20th of February, 1782.
All which is humbly submitted.1
[Note 1: 1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress, No. 139, folio 219. According to indorsement it was read June 15. The abstract mentioned in the report is on folio 227.]
June 12th, 1786.
War Office, May 14, 1786.
Sir: I have the honor to transmit to Congress the copy of a letter just received from the late Brigadier General Irvine a gentleman who commanded a considerable time at Fort Pitt during the late wax and is well acquainted with the indians of the western country.
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A general statement of the temper and designs of the indians on the waters of the Ohio may soon be expected to arrive from the commanding Officer of the troops. If the reports of the vile conduct of the Cherokees be true it is probable they may have the temerity to insult some of the posts or attack some detachment of the troops of the United States. Hostilities will then be inevitable in which case that banditti ought to be driven from their present situation at the Scioto, so favorable for them to impede the proposed survey of the western country.
The commanding officer of the Troops although highly cautioned against being the aggressor will find himself justified by my orders to him to resent and punish severely any insult to the troops or posts.
I have the honor to enclose a copy of the orders on this subject which I hope will be agreeable to Congress.
I have the honor to be etc.
H. Knox.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 150, I, folio 353. According to indorsement it was read June 15. The various enclosures are on folios 337--349.]
His Excellency
Nathaniel Gorham Esqr,
President of
Congress.
The Committee Consisting of [Mr. Nathan Dane, Mr. William Grayson and Mr. John Kean] to whom were referred the motions respecting the powers and duties of the Secretary at war, Report:
That by the ordinance for ascertaining the powers & duties of the Secretary at War, it is among other things provided, that the form estimates of all such Stores, equipments and supplies as may be necessary for military Service, and for keeping up Competent magazines and to report the same to the Commissioners of the Treasury, and that he shall twice a year, or oftener, if thereto required settle the accounts of his Department, but it is not provided that he report any estimate to Congress, or that he shall send any expresses. As to estimates, the Committee are of opinion that it is proper for the Secretary at war to report to said Commissioners an estimate of such Stores, equipments, and Supplies as may be necessary in his Department, in Consequence of any military establishment, previously made by Congress, but that it is expedient that he report to Congress
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as soon as may be and yearly, hereafter, the situation and extent of such arsenals and magazines as may be in his opinion proper to be established, and such estimates of military Stores and supplies as may be necessary for keeping up and supplying the same and for preserving and enlarging the military preparations of the United States that he rendered an account in his Department quarterly and be empowered to send expresses in certain Cases.
Wherefore they submit the following Resolves:
Resolved, That the Secretary at war as soon as may, and on the first monday of January yearly hereafter report to Congress the Situation and extent of such arsenals and magazines as may in his opinion be proper to be established, and such estimates of military Stores and supplies as may be necessary for keeping up and supplying the same and such estimates as may be expedient for enlarging the military preparations of the United States.
Resolved, That the Secretary at war make a quarterly return commencing the 30th. of June of the expenditures of all monies received by him from the Commissions of the Treasury for the use of his Department.
Resolved, That the Secretary at war be authorized and empowered to send such expresses at the public expence as the service of his Department may in his opinion render necessary.1
[Note 1: 1 This report, in the writing of Nathan Dane, is in the Papers of the Continental Congress, No. 27, folio 305. According to indorsement it was read June 15. Committee Book No. 189 notes that it was transferred on this date.
June 15: The "Petition of Edward Couper and William Ballard for pay as pilots to the fleet of Commodore Hopkins in the Chesapeake" was referred to the Board of Treasury to report and a report rendered October 12, 1787, and acted on October 13.
The "Petition of Jonth. F. Morris for pay due to his Father, deceased, an offr. in the State of New Jersey" was referred to the Commissioner of Army Accounts to report. Committee Book No. 190.
"Ordinance for regulating the Post Office transferrd." See post, February 14, 1787. Committee Book No. 189.]
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