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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 --FRIDAY, JULY 30, 1779
A letter, of 24, from General Washington, was read.1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 152, VII, folio 447.]
A letter, of this day, from the honble Sr Gérard, was read, enclosing sundry papers relative to the flour purchased at Wilmington by Jon. Rumford for the use of the French fleet, and seized by the committee of Wilmington, and detained by the committee of Philadelphia; also papers relative to the cargo of the shipMary and Elizabeth:
Ordered, That the first set of papers be referred to the committee on the last memorial from the Minister of France; and the latter sent to the committee on the memorial of the Minister of France relative to the shipMary and Elizabeth.
Resolved, That two members be added to the last committee in the room of Mr. [Nathaniel] Scudder, who is absent, and Mr. [James] Searle, who at his request is excused.
The members chosen, Mr. [Thomas] McKean, and Mr. [John] Armstrong.
Your Committee to whom was referred the memorial of the Minister Plenipotentiary of France relative to the ShipMary and Elizabeth's cargo, having proceeded in their inquiry beg leave to report the following facts, vizt
1st. That permission was granted by the Executive Council of the State of Pennsylvania, at the request of the Marine Committee, for 1600 bbls. of flour to be shipped on board the said ship Mary and Elizabeth as per certificate No 1. may appear.
2nd. That Mr Thomas Fitzsimons, one of the owners and sole director of said ship, did cause to be put on board one thousand and ninety-eight bbls. of flour, one hundred and fifty five bbls. of bread, exclusive of the provision necessary for the crew, and that to the best of his knowledge and belief no more provisions were shipped on board than the quantity above specified, as by his affidavit No 2. may appear.
3rd. That the quantity of provision on board said ship cleared at the office for exportation was nine hundred and ninety seven bbls. of
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flour, and one hundred and thirty seven barrels of bread, as by the Naval officer's certificate No 3. may appear.
4th. That the Continental frigate the Deane being at Martinique, together with the ShipMary and Elizabeth, in the account of disbursements for the former is the following charge vizt
1779. March 22. To owners of shipMary and Elizabeth: for
From all the information your Committee could obtain, it is their opinion that no imputation of misconduct Can be attributed to Mr Holker, agent to his most Christian Majesty's marine, nor to Mr Thomas Fitzsimons, agent to the ShipMary and Elizabeth, of designedly intending to contravene the act of this State, prohibiting the exportation of provisions.1
[Note 1: 1 This report, in the writing of Francis Lewis, is in thePapers of the Continental Congress, No. 28, folio 179.]
Another letter, of 27th, from the Minister of France, was read, enclosing an appointment of Sieur d'Annemours to be vice consul in the State of Virginia:
Ordered, That the same be referred to the Marine Committee; and that they cause the commission of Mr. d'Annemours
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to be recorded in the book by them kept for that purpose, and his appointment made known to all concerned.
A letter, of 20, from Major General Gates, was read, enclosing a letter from Lieutenant Colonel S. Talbot, Captain theArgo; giving an account of his successful cruize:
Ordered, That the same be referred to the Marine Committee.
A letter, of 26, from Major General Sullivan, at Wyoming, and one of 28, from Matthew Knox, were read:
Ordered, That they be referred to the Board of War.
A report of the Board of War was read, recommending that Captain Wilkie's company be annexed to the eleventh Pensylvania regiment:1
[Note 1: 1 Sullivan's letter is in thePapers of the Continental Congress, No. 160, folio 294: that of Knox, in No. 78, XIII, folio 525; the report of the Board of War, in No. 147, III, folio 555.]
Ordered, That the same be transmitted to the Commander in Chief.
The committee appointed the 23 instant to consider sundry resolutions on finance offered for the consideration of Congress, brought in a report, which was read: Whereupon,
The Committee appointed the 23d July, 1779, to consider sundry Resolutions on Finance; offered for the consideration of Congress, beg leave to report:
That bills of exchange to the amount of 25,000,000 Livres Tournois, payable at the end of eight years, be drawn on the Commissioners of the United States at Paris.
That the bills consist of the following denominations, viz. 1000, 1500, 2000, 2500, 3000, 5000, 10,000, and 15,000 LivresPostponed Tournois, and be struck under the direction of the Board of Treasury.
That the Bills be signed by the Treasurer of Loans for the time being, and transmitted to the several Commissioners of the Continental Loan Offices, agreeable to the instructions of the said Board.
That the Commissioners of the Loan Offices be respectively authorized to countersign and dispose of the said Bills, on or before the 1st. of January, 1780, at an exchange of not less thanDollars for five Livres Tournois, and that they receive the same allowance for issuing
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and paying the interest, of such Bills, as for negotiating in like manner, Loan Office Certificates.
That until said Bills shall become due, an annual interest of 6 pr cent be allowed thereon and paid at the respective Loan Offices in bills of credit, or bills of exchange at the election of the holders; the bills last mentioned to be payable at Paris, and similar to those heretofore issued for the payment of Interest on Loan Office Certificates.
That each person who may deposit money with any of the Commissioners of the Loan Offices for purchasing the Bills of Exchange first mentioned, before they can be prepared and sent to the said offices, shall be entitled to receive for such money, the said bills bearing date with the time of the deposit, and at an exchange to be stipulated with the respective Commissioners not less than the rate already mentioned.
That it be earnestly recommended to the several States, forthwith to appoint proper persons, or authorize such as are appointed agreeable to a resolution of Congress of 29th June last, in each County, Town, and District, to correspond with the Commissioners of the Continental Loan Offices respectively, and to afford them every necessary assistance by opening subscriptions for Loans and by otherways promoting the business of their office.
That 40,051,120 Dollars, or such a part thereof as Congress may hereafter judge necessary for supporting the war before adequate supplies can be obtained by taxes and loans, be emitted on the faith of these United States, and under the direction of the Board of Treasury, in bills of credit as follows:
70,887 Bills of each of the denominations of 80, 70, 20, 5, 4, 3, and 2 Dollars, and 1 Dollar.
Also, 70,887 Bills of each of the denominations of 65, 60, 55, 50, 45, 40 and 30 Dollars and 70,886 Bills of 35 Dollars each.
That the Bills of the eight denominations first mentioned shall be of the same tenor and date, as those emitted by a Resolution of Congress of the 17th July instant; and the bills of the other denominations of a like tenor and date with those emitted the 14th January last, excepting the numbers, which shall be continued progressively, from the last number in each respective denomination aforesaid, heretofore ordered to be emitted.
That there shall be no further emissions of Continental Bills of credit, than such as are already ordered by Congress.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in thePapers of the Continental Congress, No. 26, folio 57.]
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A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Samuel] Holten,
That the report now read be considered with the reports of the Treasury relative to finance on the days assigned for that purpose.
To which an amendment was offered by Mr. [Henry] Laurens, seconded by Mr. [John] Armstrong, in the words following.
That Friday next, which will be a finance day, be assigned for the consideration of the said report.
An objection being made to the amendment as being out of order,
On the question, is the amendment in order, the yeas and nays being required by Mr. [Henry] Laurens,
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So it passed in the negative.
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On motion of Mr. [John] Mathews, seconded by Mr. [Elbridge] Gerry,
Resolved, That the words "beginning on Friday next" be added to the main question.
On the question to agree to the resolution as amended,
Resolved in the affirmative.
Congress proceeded to the consideration of the reports of the Board of Treasury relative to finance; and thereupon agreed to the following
Ordinance for establishing a Board of Treasury, and the proper officers or managing the finances of these United States
The principal officers of the Board shall consist of three commissioners, not members of Congress, and two members of Congress, any three of whom to form a Board for the despatch of business. The commissioners shall be annually appointed by Congress, and continue in office until a new election: No member of Congress shall continue to serve as a member of the said Board longer than six months by virtue of one appointment, nor shall there be more than one member of the said Board at any one time belonging to the same State. The Board to have a seal of office, a secretary, a clerk and messenger; the secretary to be annually appointed by Congress, the clerk and messenger by the Board.
That there be the following offices: the auditor general's, the treasurer's, two chambers of accounts, and six auditors for settling claims and accounts arising in the army.
That in the auditor's office there be an auditor general, and assistant annually appointed by Congress, and two clerks appointed by the auditor general.
That in the treasurer's office there be one treasurer annually appointed by Congress, and one clerk appointed by the treasurer.
That each chamber of accounts shall consist of three commissioners and two clerks.
That the Board of Treasury be authorized to discharge the auditors of the army or any of them whenever they shall find it expedient.
That the commissioners and clerks of the chamber of accounts, and auditors for the army, be annually elected by Congress; and that the auditor general, treasurer and auditors for the army, be respectively accountable for the conduct of their clerks.
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That apartments be provided for the accommodation of the several offices of the treasury, in the city or place where Congress shall hold their sessions.
That the duties of the several offices be as follows:
THE COMMISSIONERS OR BOARD OF TREASURY
The commissioners or Board of Treasury to have the general superintendence of the finances of the United States, and of all officers entrusted with the receipt and expenditure or application of the public money, bills of exchange or loan office certificates: to inspect the treasury: to lay before Congress estimates of the public expences, and necessary supplies: and to call on public officers for information: to carry into effect all acts and resolutions of Congress for emitting bills of credit and of exchange, loan office certificates or other securities, and establishing lotteries: to deposit in the proper offices, such bills, certificates and securities when emitted; and all monies arising from loans, taxes and lotteries: to See that the public accounts are regularly stated in the auditor's office, and all public debtors brought to account, frauds detected, and defaulters punished: to sue and prosecute for all debts, wrongs and injuries touching the finances or property vested in Congress: to instruct in their duty all officers concerned in the finances or accounts, and to suspend any of them for negligence or misdemeanor, till the pleasure of Congress can be known: to register and preserve all contracts and securities appertaining to the United States: to grant under their seal of office "a quietus" to accountants on a final settlement: where objections are discovered against the report of the commissioners or auditors, to rectify their respective errors and instruct them where they are in doubt: to determine on appeals by an accountant from the decision of any of the auditors or commissioners on any charge or voucher which they may respectively reject: to examine into the merits of all requisitions for the advance of money for public services, and report thereon to Congress: to grant warrants under their seal on the treasurer for balances of accounts and partial payments.
On the question to agree to this clause, as far as "payments," the yeas and nays being required by Mr. [Elbridge] Gerry, who objected to the words "for balances of accounts and partial payments,"
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So it was resolved in the affirmative.
And for such advances as Congress shall direct to be made for the public service: which being entered in the auditors office, and certified to be passed by him, shall be paid. And generally to perform all such duties as shall be assigned them by Congress.
THE AUDITOR GENERAL
All accounts and claims against the United States (except such as are proper to be adjusted in the field by the auditors of the army) shall be exhibited to him, and the nature or title and the amount of the claim or account being registered, the same shall be referred by him to one of the chambers of accounts for settlement; and being accordingly there adjusted, shall be reported to him: he is then with his assistant to examine the nature of the charges and vouchers, and to reject such as appear to him to be improper, allowing an appeal from his determination to the Board of Treasury, when demanded by the accountant. After examination and previous to their being entered in the books of the treasury, he is to present the accounts to the Board of Treasury for their final determination; he shall direct the method, not only of stating the public books of accounts of the treasury (which are to exhibit a comprehensive view of the finances and expenditures of the United States) but of all other books of
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accounts of public offices connected with the treasury, and the manner of their respective returns and reports: and through him all orders and instructions to the chambers of accounts and auditors of the army are to be communicated. All warrants on the treasury or loan offices for issuing public money, are to be entered in the auditor's office, and certified to be passed by him before they shall be paid, and he is forthwith to charge the amount of such warrants to the department or person who is accountable. In case of his absence by sickness or with leave of the Treasury Board, all the duties hereby assigned to him shall be executed by the assistant auditor general, who shall also be the principal accountant in keeping and stating the public books at the treasury.
THE TREASURER
The treasurer is to receive and keep the monies of the United States, and issue them on bills drawn by the President of Congress or Board of Treasury. On receiving money, he shall give a receipt, and on every payment take one to serve as his voucher: he is to render his accounts quarterly to the auditor general, for examination by one of the chambers of accounts, and being reported to and approved by the auditor, and presented by him to the Board of Treasury, and no objections appearing to them, a copy shall be transmitted to Congress. All loan officers shall make monthly returns to him as well as to the Board of Treasury, of the monies in their hands arising from loans, taxes or other means; on which returns he shall charge such officers in his books: when a warrant is drawn on him and he finds it convenient that it should be paid out of the money in any loan office, he shall endorse on the warrant an order to the loan officer, requiring him to discharge it accordingly; but before it is transmitted he shall produce the endorsements to the auditor general, who shall register and certify it to have been passed by him, and the loan officer is authorized and directed to pay it; and both the auditor general and the treasurer are to credit the loan officer with the sum which he is required to pay by such warrant and order.
On the question to agree to this clause, beginning at "all loan-offices," the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative.
THE CHAMBERS OF ACCOUNTS
The chambers of accounts, on the reference of the auditor general, shall carefully examine claims and accounts against the United States; compare the charges with the allowance by Congress, and the vouchers to support them; reduce such articles as are overcharged, and reject such as are groundless or unjust, as well as the vouchers which shall appear to them incompetent; they shall have power to examine witnesses, being first sworn or affirmed by them, or one of them, and to call for any books or papers in the public offices, or in the custody of any public officer. When they reduce or reject a charge, or set aside a voucher, they shall allow the accountant or claimant an appeal to the auditor general if demanded.
THE AUDITORS OF THE ARMY
The auditors of the army shall respectively reside in the main army or detachment of the army, for which they shall be appointed by the Board of Treasury, and not be absent without leave of the Commander
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in Chief or commanding officer. It shall be his duty to call to account all regimental officers indebted to the public: to receive the pay rolls and abstracts of the army from the pay master general or his deputies, who shall previously examine and certify the sum due; to settle all o;her accounts of the army, excepting those in the departments of the quarter master, pay master, directors, clothier, barrack master, or commissaries of provisions, prisoners, or military stores; but when any articles in any of those departments are mixed with charges within the immediate duty of the auditor, he shall settle the whole account notwithstanding. He shah also adjust all other accounts which he shall be instructed by the Board of Treasury to do. He shall present the accounts settled by him, and the abstracts, with certificates of what is due, to the Commander in Chief or commander of a detachment, having a military chest, who shall thereupon, unless he have reasons to the contrary, issue warrants on the pay master, or deputy pay master general, in discharge thereof. He shall make report of all his settlements and transactions to the auditor general, at such times and in such forms as shall be directed by the auditor general. In all other respects he shah execute his duty as prescribed by act of Congress, dated the 6th day of February, 1778, and such instructions as he shaH, from time to time, receive from the Board of Treasury.
Resolved, That Friday next be assigned for nominating officers for the Board of Treasury, and the Friday following for electing them.
Congress proceeded to the consideration of the report of the committee instructed to consider of a farther allowance to be made to the officers of the army; and, on reading the first paragraph and amendment thereof, for extending the half pay of the officers of the army during life, a motion was made by Mr. [Henry] Laurens, seconded by Mr. [William Churchill] Houston,
To postpone the farther consideration of the first paragraph of the report and amendment proposed, until the House shall have considered and determined on those parts of the report which recommend an augmentation of the monthly subsistence of officers of the army.
On the question for postponing, the yeas and nays being required by Mr. [James] Duane,
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So it passed in the negative.
Congress proceeded in the consideration of the said paragraph and amendments, and some time being spent thereon,
Adjourned to 10 oClock to Morrow.
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