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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, FEBRUARY 26, 1777
South Carolina attended ½ after 10.
Marylandat 11 o'Clock.
Resolved, That William Spear be appointed a superintendent of the press, in addition to those already appointed.
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Resolved, That 3,000 dollars be paid to Colonel Stephen Moylan, for the service of recruiting his regiment, agreeable to the tenor of a warrant from General Washington, as certified by an order, signed by the committee of Congress, dated in Philadelphia, February 18, 1777.
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That 100 dollars be advanced to Thomas Edgar, conductor of a brigade of waggons, laden with the baggage of the 2d and 7th Virginia regiments; he to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, I, folio 87.]
Congress resumed the consideration of the report of the Committee on Ways and Means rate of interest to be allowed on the sums of money ordered to be paid borrowed; Whereupon,
Resolved, That an interest of 6 per cent. per annum be allowed on all sums of money already borrowed, and directed to be borrowed on loan office certificates, although such certificates mention only an interest of 4 per centum per annum.
Resolved, That the interest on the prizes, drawn in the continental lottery, shall remain at 4 per centum.
Resolved, That it be recommended to the legislatures of the several States, not to offer or give more than at the rate of 6 per centum per annum upon any monies to be borrowed in their respective loan offices.2
[Note 2: 2 "It was determined to give six per cent interest on money borrowed or to be borrowed on Loan Certificates. Connecticut went over to this measure and drew Georgia with it. An attempt was made to extend it to certificates to be given in payment for Lottery prizes, but rejected. The debates were long and troublesome, but unimportant. North carolina was always against increase of interest, because the Delegate considered it as incapable of producing any money, but in the way of an emission on interest, and therefore that it was resolving to carry on the war at an interest unnecessarily increased one half, and that no sum was accumulated or could be borrowed, the acquisition of which would compensate for carrying on the war at this increased interest. The question was put in the morning for an adjournment to Philadelphia. All the Southern Delegates were against it, except Georgia, who always votes with Connecticut. The reason given, that much business of consequence was before the Congress, and it was improper to suspend it by an adjournment; that the weather was so bad and several States so circumstanced, there was very little probability of the Congress meeting in Philadelphia in several weeks; that the General was of opinion the enemy intended an attack on Philadelphia, and if they attempted it they had no force to stop them; in fine, that it would be foregoing a certainty of doing business, for a very great uncertainty. For if the only reason of any weight came from the Board of War, which was that for want of mechanics and wagons the business of their department went on very heavily at Baltimore. This was answered by observing that an adjournment would cause an entire suspension of this and all business, and there was no probability of an early meeting at Philadelphia. There was a peevish altercation on the matter, and in order to put an end to it, the Delegate from North Carolina moved, in the right of the State, to put off the question. A fierce debate ensued, J. Adams, Dr. Witherspoon, Mr. Wilson, Mr. Sherman and some others alleged that it must be referred to a majority, whether the rule could apply to this case, and, in short, whether the State should be allowed to exercise the right of postponing. R. H. Lee with great perspicuity and force of argument, urged the violent impropriety of putting such a question at a time when a State attempted to avail itself of a privilege referred to each by the fundamental rules of the Congress, which certainly framed its constitution; that no change should be attempted until the State had exercised its right, and the rule might afterwards be considered and amended if thought requisite. F. L. Lee observed that the rule was originally intended to prevent a majority from deciding too precipitately, and if it was submitted to the majority, then when it was proper to apply the rule, or when a State might avail itself thereof, the majority would always determine against applying it all. Mr. Haywood from South Carolina urged that he thought it a very extraordinary proposition to submit to a majority, whether that majority should be checked by a power absolutely reserved for that purpose in the constitution of Congress.
The Delegate from North Carolina declared that he would enter into no debate on the subject, 'whether he should avail himself of a right reserved to every State in the original constitution of the Congress;' that those rules must have been entered into by common consent, and nothing but common sense could dispense with them; that if a majority of Congress could vote away the rules which common consent had established, they were a body bound by no rule at all, and only governed by arbitrary discretion; if this was the case no State can be secure; a majority might vote that two, three, four, or five States should form a Congress, altho' the present rule required nine, that the votes should not be by States, but by voice individually,--in short, any the smallest number of Delegates might take upon them the whole authority of Congress: that putting the right of the State to a question was assuming to exercise an arbitrary, tyrannical discretion, and he would consider it as a violent invasion of the rights of his State, which he would endeavour to resent as became him: that if the question was at all put, he should be at no loss how to conduct himself: he would always to the best of his judgment, make a prudent use of any privilege with which he was invested, but he hoped he should always have firmness enough to maintain every the smallest privilege of the State he represented: that Gentlemen were exceedingly mistaken if they deemed him a man who would tamely suffer the smallest invasion or encroachment on her rights: that if that Assembly proceeded to so arbitrary and tyrannical an exertion of power, he would consider it as no longer that which ought to be trusted with the liberties of their fellow citizens, and he would shape his conduct accordingly. The Delegates of N. Hampshire, Maryland, Virginia, and South Carolina joined in this very strenuously, insisting that it was a most violent and arbitrary act of power to put any question at all on this matter; and the others (some individuals among them being of the same opinion) perceiving the determined resolution of the Delegate of North Carolina, to withdraw from Congress if any such question should be put,--they waived their opposition, and he exercised his right. The next day the adjournment was carried." Burke's Abstract of Debates. North Carolina Colonial Records, XI, 384.]
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Resolved, That 1,000 dollars be advanced to Major Ottendorff, for the purpose of recruiting his corps; he to be accountable.
The Committee of Treasury reported,
That there is due to Peter Galway, for riding express to Chincotigue with orders to Captain Balding, the sum of [£19 10=] 52 dollars:
To Catharine Heydshaw, for lodging, firing, candles, and for dieting Hessian officers and soldiers from 29 January to 25 February inclusive, [£11 4=] 29 78/90 dollars.
That there is due to Capt. William Galbraith for the pay of himself and 14 men as a Guard to Carolina Prisoners, for Wood Not passed and Candles and Dieting said Prisoners from the 11th to the 26th inst. inclusive, the sum of £75 1 10, equal to 200 22/90 dollars.
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To Henry Bradford, for furnishing lodging and fuel to 126 of the Virginia troops, the sum of [£3 10=] 3 30/90 dollars:
To Joseph Stiles, for hay and oats [and diets] to Captain Yauncey's squadron of light-horse, on their march from Virginia to join General Washington, the sum of [£18 0 4½=] 48 4½/90 dollars:
To Robert Talbot, for victualling 48 men of the Virginia troops, the sum of [£2 08=] 6 36/90 dollars:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 41.]
Ordered, That the said accounts be paid.
Congress resumed the consideration of the report of the committee on ways and means; Whereupon,
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Resolved, That the sum of five millions of dollars, in bills on the credit of the United States, of the same tenor and denominations as the last emission, be forthwith emitted under the direction of the Board of Treasury.
Resolved, That the farther consideration of the report be postponed.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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