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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, MAY 24, 1780
A memorial from David Henley in behalf of Otis and Henley was read:1
[Note 1: 1 This memorial, dated May 22, 1780, is in the Papers of the Continental Congress, No. 41, IV, folio 115; the letter transmitting it is in No. 78, XII, folio 29.]
Ordered, That the same be referred to the Board of War.
A letter, of the 21st, from Mr. P[hilip] Schuyler, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 153, III, folio 523.]
Ordered, That it be referred to the Board of War.
The Board of Treasury, to whom was referred the report of the Committee of Foreign Affairs, relative to Samuel W. Stockton, lately Secretary to employed by the honourable Wm. Lee, Esq. late commissioner of the United States, at the Courts of Vienna and Berlin, brought in a report, which was taken into consideration; and thereupon,
Resolved, That the said Samuel W. Stockton be allowed a salary, at the rate of five three hundred pounds sterling per annum, while he served as Secretary to was employed by the said William Lee also that he be allowed his reason able expenses in travelling from Boston to Philadelphia:1
That he be debited with the monies which he has received from the said William Lee; and that the whole of the papers be referred to the auditor general, in order that the account of the said Samuel Stockton may be liquidated, agreeably to the principles aforesaid.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 136, IV, folio 311.]
On the question to agree to the foregoing resolution, the yeas and nays were required by Mr. [John] Fell,
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So it passed in the affirmative.
The committee appointed to confer with the joint committees of the supreme executive council, and the general assembly of the Commonwealth of Pensylvania, on the subjects mentioned in the extract from the minutes of the said general assembly, of the 20th instant, delivered in a report, which was read; Whereupon,
The Committee appointed to confer with the joint Committees of the Supreme Executive Council, and the General assembly of the Commonwealth of Pennsylvania on the subjects mentioned in the extract from the minutes of the said General assembly of the 20th Instant, beg leave to Report the substance of the conference as follows.
The joint Committees of the Council and assembly stated to your Committee
That since the opening of the Continental Loan offices upwards of twenty millions of Dollars have been deposited in that established in the Commonwealth of Pennsylvania, more than sixteen millions of which have been lent by the Inhabitants of the said Commonwealth.
That the principal of many of the said certificates taken out early is now become due and payable, according to the terms of the Loan, and the Holders of them are at a total uncertainty, what interest they shall receive if they continue the principal in the funds, or what value they are to be paid for the money deposited and now become due.
That great uneasiness prevails among the people from the consideration that they have no means of ascertaining the value of
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their Loan office certificates in general, Congress not having fixed any rule by which it can be determined, as they have in the case of the Bills of credit.
That designing persons take advantage of these circumstances to obtain the said certificates from the ignorant and credulous at an enormous discount, and persons disaffected to the cause of America avail themselves of this occasion to alienate the minds of the people by false and injurious suggestions, that Congress mean to deprive them of their property by refusing payment, even of the equitable value of the monies they have deposited.
That the ascertainment of the terms on which the principal and Interest of the said Certificates are to be paid, will not only conciliate the minds of the people who have a right to expect such satisfaction, but will give effectual encouragement to further Loans, which may at this time greatly promote the public Service.
That the present uncertainty and fears of the people create a greater circulation of the said certificates, than would otherwise take place, many wishing to transfer them in order to avoid a dreaded loss, and others purchasing them a; an unjust gainful discount on mere principles of speculation.
With respect to the notes given by the purchasers in the Departments of the Quarter Master and Commissary General they observe,
That the debts in general have been long due, and the creditours have already suffered greatly by delay of payment, and the depreciation of the currency.
That it is not only just that payment should be made, but if it be not made many persons will be unable to discharge their public Taxes, and those who are able, but unwilling, take advantage of so plausible a Justification, and create unsurmountable difficulties in the collection.
That if the said notes cannot be paid in the usual course by issues from the Continental Treasury, could they be received in the payment of Taxes, it would relieve those who must otherwise be unavoidably distressed; would facilitate the collection of Taxes, promote the public service by giving satisfaction to the people and enable Congress or the State to obtain further supplies on credit should the same be necessary.
That the Legislature are willing to provide by law, as far as it is possible such cheeks and restrictions as may provide against impositions and prevent the said notes circulating as a currency.
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On the whole the joint Committees on behalf of the said Council and assembly earnestly entreat that Congress would pay immediate attention to these objects, greatly interesting to the State, as well as the public service and your Committee submit the propriety of appointing a Committee to Report the necessary resolutions for the approbation of Congress.1
[Note 1: 1 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 20, II, folio 79.]
On motion of Mr. [Oliver] Ellsworth, seconded by Mr. [Samuel] Holten,
Resolved, That a committee of three be appointed, to take into consideration the outstanding debts due from the commissary and quarter master general's departments, for which certificates have been given of the ballances due, and report further means for discharging the same.
The members chosen, Mr. [Oliver] Ellsworth, Mr. [William Churchill] Houston and Mr. [James] Henry.
The committee, to whom was referred the memorial of James Wilson, Esquire, respecting the Sandwich Packet, delivered in a report, which was read and taken into consideration; Whereupon,
The Committee to whom were Referred the Memorial of James Wilson Esq. in behalf of the Commissioners of the Admiralty of the United States, respecting the Sandwich Packet and the papers accompanying the said Memorial having considered the same beg leave to submit the following resolutions.
Resolved, That the Memorial of James Wilson Esq. in behalf of the Commissioners of the Admiralty of the United States respecting the Sandwich Packet, and the papers accompanying the said Memorial, be transmitted to the Court of Appeals to hear, try, and determine all appeals, from the Courts of Admiralty in the states respectively in cases of capture, and lodged with the Register of the said court of Appeals.
Resolved, That the 6th Article of the Resolutions of Congress passed on the 25th Day of November 1775, so far as it requires, that appeals in Maritime causes shall be lodged with the Secretary of Congress, be and the same hereby is repealed, and that in future all
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appeals in maritime causes be lodged with the Register of the said Court of Appeals.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 29, folio 389. It is endorsed "Recommitted."]
Resolved, That the stile of the Court of Appeals appointed by Congress, be, "The Court of Appeals in Cases of Capture."
Resolved, That the judges and register of the said Court, shall respectively take an oath of office before they enter upon the duties of the same.
That the oath of the judges be in the words following, viz.
"You do swear or affirm, that you will take no fee, gift or reward of any one that hath to do before you, nor give counsell to any one in a matter that may touch any cause which shall be brought before you for trial: And that you will do right to every person according to the best of your skill and judgment. So help you God. [that you will well, faithfully and impartially execute the office of one of the judges of the Court of Appeals in Cases of Capture, according to the best of your skill and judgment. So help you God.]"
That the oath of the register of the said Court shall be in the words following:
"You do swear that you will truly and faithfully serve in the office Register of Court of appeals in cases of capture, and to the utmost of your endeavor keep and conserve the papers and records which either now or hereafter shall be committed to your charge as Register as aforesaid from harm and damage, and that you will not suffer any of the same to be purloined embezzled or defaced, and that you will do all things else which belong to the duties of said office. So help you God. "[You do swear or affirm, that you will well and faithfully execute the office of register of the Court of Appeals in Cases of Capture, according to the best of your skill and judgment. So help you God.]"
That the judges of the said Court shall be qualified in the manner aforesaid, before the President of Congress, and certificates thereof lodged in the office of the secretary of Congress; and that the register shall be qualified before the said
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judges, and certificate thereof lodged in the said Court of Appeals.
Resolved, That appeals from the courts of admiralty in the respective states, be, as heretofore, demanded within five days after definitive sentence; and in future such appeals be lodged with the register of the Court of Appeals in cases of capture within forty days thereafter, provided the party appealing shall give security to prosecute such appeal to effect.
Resolved, That all matters respecting appeals in cases of capture, now depending before Congress, or the commissioners of appeals, consisting of members of Congress, be referred to the newly erected Court of Appeals, to be there adjudged and determined according to law; and that all papers touching appeals in cases of capture, lodged in the office of the secretary of Congress, be delivered to and lodged with the register of the Court of Appeals.
Resolved, That the memorial of James Wilson, in behalf of the commissioners of the admiralty of the United States, respecting the Sandwich Packet, and the papers accompanying the said memorial, be transmitted to the said Court of Appeals.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 19, VI, folio 569, the paragraphs in brackets being in the writing of James Duane; a draft, of all except the last three paragraphs, in the writing of James Duane, is in No. 29, folio 387, indorsed by Thomson: "May 5, 1780, referred to Mr. Duane, Mr. Ellery, Mr. Henry."]
The committee to whom was referred the letter of the 16th instant, from Governor Livingston, delivered in a report.
Treasury Office May 24 1780
Whereas the printing of the Tickets or billets of the fourth Class of the United States Lottery will be attended with great expense, and occasion unnecessary delay--therefore
Resolved that the Tickets which were issued for the 3rd Class, be reissued for the fourth in the manner following to wit--
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The adventurers in the Third Class who desire to renew in the Fourth shall present their Tickets to the Managers or their Agents on or before a day to be appointed by the Board of Treasury which shall not be sooner than six weeks after the publication of the Prize list of the Third Class.
That every Manager or Agent to whom such Tickets shall be presented indorse thereon the words renewed in the fourth Class, for value or for payment of Prize of forty dollars (as the case may be) and subscribe his name; and, registering the number, shall return the same to the Holder.
Where a Prize Ticket exceeds forty dollars the Manager or Agent receiving it, shall give a Receipt therefor as has been accustomed and therein certify the renewal if required.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 313. It is indorsed: "5 ays, 5 noes; one divided; negatived July 17, 1780."]
Adjourned to 10 o'Clock to Morrow.2
[Note 2: 2 Here Charles Thomson resumes the entries.]
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