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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, MAY 26, 1780
A petition of Thomas Shuker was read:
Ordered, That it be referred to the Board of Admiralty.
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A letter from the Board of Admiralty was read, enclosing a letter, of 14 February from Edward Bronvill, respecting the recapture of the sloop Fly, and sundry other papers:
Ordered, That the same be referred to a committee of three:
The members chosen, Mr. [Cyrus] Griffin, Mr. [William] Ellery and Mr. [Oliver] Ellsworth.
A memorial of G. Measam was read:1
[Note 1: 1 This memorial, dated May 20, 1780, is in the Papers of the Continental Congress, No. 41, VI, folio 171.]
Ordered, That it be referred to the Board of Treasury.
A report from the Board of War was read; Whereupon,
At a Board of War. May 25, 1780
Present. Col. Pickering Mr Peters Col Grayson.
The Board having considered the letter from Genl Schuyler referred to them by Congress, beg leave to report
Resolved, That three months pay amounting to one hundred and ten thousand dollars be furnished the quartermaster general to pay the batteau men, who are engaged at Albany to serve for the campaign, and that the Treasury Board be directed to report the means of procuring the money.
The Board request the favor of Congress to appoint a committee to confer with them on the memorial of Col. Henley, on behalf of Otis and Henley, as these Gentlemen and the Board differ in their ideas of the orders issued to them by the Board, for the purchase of clothing, and therefore they would wish not to determine the matter. Indeed it would give great satisfaction to the Board if the Committee were to report on the business and therefore request Congress to order.
Resolved, That the Board of War be, at their request, discharged from reporting on the memorial of Colonel David Henley, on behalf of Otis and Henley; and that a committee of three be appointed to confer with the said Board on the subject, and report to Congress on the matter.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 361.]
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The members chosen, Mr. [James] Searle, Mr. [John] Walker and Mr. [William Churchill] Houston.
At a Board of War May 25. 1780
Present Col. Pickering Mr. Peters Col Grayson.
The Board having considered the memorial of Major Eustace requesting he may be allowed the benefit of the compensation granted by Congress on the 10th April last; beg leave to observe
That there are great numbers of Officers and soldiers not now in service who have suffered with Major Eustace by the depreciation of the Continental Bills of credit, and of course would be alike entitled to a compensation. But by the resolve above referred to, the point appears to have been considered and decided, that the benefit shall be confined to those, who were then, or should thereafter be in service: and Major Eustace having before that day resigned his commission, the Board are of opinion, he cannot consistently be relieved, unless Congress should extend the benefit to all who were similarly circumstanced. The Board therefore beg leave to report the following resolve
Resolved, That the request contained in the memorial of John Skey Eustace, late a major in the army of the United States, to be allowed the benefits of the resolution of the 10 of April last, for making good to the army the deficiency of their original pay, occasioned by the depreciation of the continental bills of credit, cannot be granted.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 369.]
The committee, to whom was referred the letter of 21st, from T. Tilghman, delivered in a report, which being read,
Resolved, That the mode of carrying into effect the resolution of Congress of the 21 of April last, respecting an agent or commissary of prisoners, be submitted to the discretion of the Commander in Chief.2
[Note 2: 2 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, VI, folio 39.]
The committee, appointed to take into consideration the outstanding debts due from the commissary and quarter master general's departments, &c.; and
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The committee appointed to confer with the Minister of France on the subject of supplies; and also
The committee, to whom was referred the motion, of the 23rd, respecting lands within the bounds of the United States, delivered in their several reports.
Congress took into consideration the report on the outstanding debts; and thereupon came to the following resolutions:
Whereas it is represented that large arrears are due to the inhabitants of sundry of these states for provisions, forage, and other articles, furnished by them to the departments of the1 commissary general of purchases, and quarter master general, for the public service, and for which they have received notes or certificates, signed by persons appointed to purchase the said articles, the payment whereof hath been delayed, to the prejudice of many of the holders, and [Whereas it is represented that the receipt of the said notes or certificates in discharge of public taxes would greatly tend to the relief and convenience of the people, and also facilitate an early relief and settlement of the public accounts] for which money cannot, in the present circumstances, be issued from the Treasury: therefore,
[Note 1: 1 From this point the entries are made by George Bond, of the Secretary's Office.]
Resolved, That it be recommended to the legislatures of the respective states wherein such notes or certificates have been heretofore given, and remain unpaid, to empower the collectors of the continental taxes, due to the first of March last, to receive in payment thereof such notes or certificates, from the persons in whose names they have been given, on the following conditions:
That the persons paying in the said notes or certificates, endorse the same to the collectors, who may receive them, and also take an oath or affirmation before a magistrate, that they have been obtained for the value and the articles
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therein expressed, delivered for the use of the United States, and for which no payment hath been made; which oath or affirmation shall be endorsed on each note or certificate:
That in cases where the notes or certificates held by any person, shall exceed the amount of the taxes due from such person, at the time they are paid in, the surplus be credited by the State to such person, and allowed in future taxes, under such checks and securities as the respective legislatures may think best suited to their different modes of collection; and that such surplus bear an interest of six per cent. till thus discounted.
On passing the foregoing paragraph, the yeas and nays were required by Mr. [William] Ellery,
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So it passed in the affirmative.
Resolved, That the said notes or certificates, so endorsed and received by the collectors as aforesaid, being by the treasurer of such State delivered to the principals of the respective departments, from whom payment is due, or their agents in
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the city of Philadelphia, and the receipts of the said principals or agents, making the principals accountable for the amount of the notes or certificates paid in as aforesaid, being lodged with the Board of Treasury of the United States; the respective states shah thereupon have credit for the same on their quotas of taxes due to the first of March last; and if the amount; shall, in any case, exceed the said quotas, the balances shall be paid to the respective states to whom they may be due:
Provided that nothing contained in the foregoing resolutions shall be construed to exonerate any State from the payment of orders already drawn, or to affect the requisition of Congress of the 19th day of the present month.1
[Note 1: 1 This report, in the writing of William Churchill Houston, except the last paragraph which is in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress, No. 29, folio 149. It was transcribed in the Committee Book, 1780, Proceedings of the Committee appointed on the 13th of April, 1780, folio 4.]
On the question to agree to the foregoing resolution, exclusive of the proviso, the yeas and nays were required by Mr. [William] Ellery,
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So it passed in the affirmative.2
[Note 2: 2 Here Charles Thomson resumes the entries.]
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A vote was then taken on the providing clause, and passed in the affirmative. After which the whole passed without a division.
Adjourned to 10 o'Clock to Morrow.
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