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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, AUGUST 6, 1779
The Committee on the Treasury brought in a report; Whereupon,
Resolved, That a copy of the petition of William Smith, in behalf of William Moore, of Moore hall, touching claims for articles taken by the army whilst stationed at Valley Forge, and the papers accompanying it, be transmitted to Major General Mifflin, late quarter master general, and that he be directed to pay for the horses which shall appear to have been taken for the army, agreeable to an appraisement made the 4th of May last, by Edward Lane and John and James Haner, conductors of continental teams, and for such other articles as were taken for the army and committee of Congress, at the rate established for other persons in similar circumstances, making report to the Board of Treasury of the sums so paid.
Ordered, That a warrant issue on the treasurer, in favour of Mr. C[ornelius] Harnett, one of the delegates for the State of North Carolina, on his application, for three thousand dollars; for which the said State is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. J[ames] McLene, one of the delegates for the State of Pennsylvania, on his application, for fourteen hundred dollars; for which the said State is to be accountable.
The Board of Treasury having prepared a table for the payment of interest, agreeable to the resolve of Congress of June 29, 1779, submitted the same to Congress for approbation.1
[Note 1: 1 This report, dated August 5, is in thePapers of the Continental Congress, No. 136, III, folio 519.]
Ordered, That the consideration thereof be postponed.
A memorial from W. Govett and other officers in different departments of the Treasury, was read:2
[Note 2: 2 This memorial is in thePapers of the Continental Congress, No. 41, III, folio 453. It was signed by Govett, R. Smith, William Geddes, Robert Troup, and Joseph Nourse.]
Ordered, That the same be taken into consideration on Monday next.
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The Board of Treasury report, that they have appointed John Levinus Clarkson, William Ramsay, and Patrick Ferrill, signers of bills of credit.1
[Note 1: 1 These names were reported to Congress in a letter of the Board, dated August 5, in thePapers of the Continental Congress, No. 136, III, folio 517.]
The Board of Treasury, to whom was re-committed their report [of July 12] respecting an allowance for the commissioners in Europe, brought in a report; Whereupon,
Resolved, That an allowance of 11,428 livres tournois per annum, be made to the several commissioners of the United States in Europe for their services, besides their reasonable expences respectively:
That the salary, as well as the expences, be computed from the time of their leaving their places of abode to enter on the duties of their offices, and be continued three months after notice of their recall, to enable them to return to their families respectively:
That the several commissioners, commercial agents and others in Europe entrusted with public money, be directed to transmit, without delay,* their accounts and vouchers, and also triplicate copies of the same to the Board of Treasury of these United States in order for settlement.2
[Note 2: 2 The original report added: "And that such Copies be taken at the Publick Expence and be duly authenticated by a Notary Publick."]
*For inserting the words "without delay," which were moved by Mr. [Henry] Marchant, and seconded by Mr. [Henry] Laurens; the yeas and nays being required by Mr. [Henry] Laurens,
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So it was resolved in the affirmative.
Resolved, That a suitable person be appointed by Congress to examine the said accounts in Europe, and certify his opinion thereon previous to their being transmitted:
That the Board of Treasury be directed to report for Mr. Deane a reasonable allowance, for his time and expences from the expiration of three months after the notice of his recall to the present time.1
[Note 1: 1 In the original report the paragraph read: "That a further allowance be made to the said Silas Deane, at the rate of four thousand continental dollars per annum, for his time, in addition to his reasonable expences from the expiration of the said three months after his recall until the present period." The report, dated July 31, is in thePapers of the Continental Congress, No. 136, III, folio 507.]
A motion was made by Mr. [Samuel] Huntington, seconded by Mr. [John] Fell,
That the Hon. Silas Deane, Esq. late one of the commissioners at the court of Versailles, and political and commercial agent, be excused from any further attendance on Congress, in order that he may settle his accounts without delay, agreeable to the foregoing resolution.
A motion was made by Mr. [Henry] Merchant, seconded by Mr. [Thomas] M'Kean, to amend the motion by striking out the words "in order," &c. to the end:
Question, shall those words stand? Passed in the negative.
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A motion was made by Mr. [Meriwether] Smith, seconded by Mr. [Samuel] Holten, to amend farther by striking out "excused," and in lieu thereof inserting "discharged:"
Question put, resolved in the affirmative.
On the question to agree to the motion as amended, the yeas and nays being required by Mr. [John] Jay,
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So it wasResolved, that the Hon. Silas Deane, Esq. late one of the commissioners at the court of Versailles and political and commercial agent, be discharged from any further attendance on Congress.
The committee, to whom was referred the memorial from J. Cox and C. Pettit, assistant quarter masters general, brought in a report, which was read:
The Committee to whom was referred a Memorial from John Cox and Charles Pettit, Esqrs, Assistant Quarter Masters General, dated
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the 7th day of July last, and other papers on the subject-matter of the said Memorial, have according to order taken the same into Consideration. and Report:
That your Committee have been attended by the memorialists, with the Act. of the Legislature of the State of New Jersey passed in their late session, entitled "An act to raise the sum of one million of "Pounds in the State of New Jersey," of which the said memorialists complain.
That your Committee also received from the memorialists a further Representation of the Hardships to which they will officially as continental Officers be exposed, by the operation of the said act: Declaring that as they engaged in their Office on a Contract fairly made and which they have faithfully fulfilled: so they confide that while Congress demand a continuance on their part, they will not permit them to suffer by aney Infringement from a Power which they cannot lawfully resist.
That on a careful examination of the said Act, your Committee feud the suggestion of the Memorialists to be well founded, (to wit), that besides their rateable Taxes, in respect of Property in common with the rest of their Fellow Citizens, they are subjected to a further specific Tax expressly as assistant Quarter Masters General, of not more than £10,000, nor less than £1000, to be laid at the discretion of the assessors and chosen Freeholders.
That according to the Plan on which the Quarter Master Generals' Office is executed, it is the Duty of Mr Pettit to attend to the supplies of money and keeping the accounts of Expenditures; for which purpose he holds a public Office in the City of Philadelphia where he statedly resides. That Colonel Cox has the General direction of the Military supplies for the Field, and is consequently called to the different States according to the positions and wants of the army.
That all the Deputy Quarter Masters General in the State of New Jersey are made liable by the said Act, to the same additional Tax on account and by the Description of their Office; and all of them are also liable to attend the army in the different States where it may from time to time be posted.
That altho' the Legislature of New Jersey have an undoubted Right to make Laws for the raising supplies on the Citizens of the said State, in the manner they shall think equal and just, and to Tax all property therein however or wherever acquired; Yet your Committee are of opinion that the prejudice which must arise to the Public
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service from the exercise of a power to Tax the Staff Officers in the Continental service, merely as such, by any particular State; did not occur to the Legislature of New Jersey at the time of Passing the Law under Consideration.
That it appears to your Committee, that if such a system of Taxation shall obtain, the Officers in Question might be taxed on account of their Offices in more States than one, with equal propriety.
That the Tax assessed on the Office will be so much taken from the United States for the benefit of one or more States assessing the Tax: and the Salary or allowance by Congress, will be so far reduced below what was originally engaged, and a Foundation laid to have it made good out of the public Treasury.
That should such an indemnity be denied it could not be expected that men of responsible worth and property would serve the United States in Offices which would render their Fortunes precarious, expose them to odious Distinctions, and deprive them of the security enjoyed by their fellow citizens.
That your Committee relying on the wisdom and justice of the Legislature of New Jersey cannot doubt but that they will upon reviewing the said Act be persuaded of its Inconveniences and be disposed to remedy them.
Wherefore your Committee submit the following Resolutions:
Resolved, That Copies of the petition and Representation of the said assistant Quarter Master General be transmitted to the Governor of New Jersey, and that he be requested to lay the same before the Legislature of the said State at their approaching Session. That it be earnestly recommended to the said Legislature to revise the said Law, and remedy the particular evils which must arise to the Service of the United States, by assessing the assistant and Deputy Quarter Masters General by the description and merely on account of their Offices: Congress having reason to believe that while a discrimination, so much to the disadvantage of the public Service takes place, it will be difficult if not impracticable to engage men of worth and ability to exercise such Offices.
Resolved, That, as it has already been determined that it will be hazardous to the public service to suffer a sudden Change in the principal Officers of the said department in the midst of an active campaign: that therefore the resignations of the Memorialists cannot be accepted; and they are enjoined to proceed in the Execution of their Duty until
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their successors shall be appointed. And if in the mean time, they shall be compelled to pay a Tax in virtue of the said act of the Legislature of New Jersey, merely on account and by the description of the Offices they hold under the United States, Congress will indemnify them respectively against the same: relying on the Justice of the Legislature of New Jersey to refund any sum which may be chargeable against the United States by means of such indemnity.1
[Note 1: 1 This report, with the accompanying papers, is in thePapers of the Continental Congress, No. 19, V, folio 91.]
Adjourned to 10 o'Clock to Morrow.
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