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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, SEPTEMBER 12, 1781
The committee on the memorial of Thomas Savage;
The committee on the letter, of 22 August, from Perez Morton;
The Committee to whom was referred the letter of Perez Morton beg leave to Report, That Mr Michael Hillegas Esqr be directed to execute the Power of Attorney as requested by Mr Morton, and that the monies finally recovered in the Suit instituted upon the Bond mentioned in said letter be lodged in the Treasury of the United States.1
[Note 1: 1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress, No. 19, IV, folio 451, indorsed on Morton's letter. The report was referred, as the indorsement shows, on February 1, 1782, to a committee composed of McKean, Boudinot and Livermore.]
The committee on the memorial from sundry merchants in Boston and petition of sundry inhabitants of Pensylvania; and
The Committee to whom were committed the Memorial of divers Merchants of the State of New York and the Memorial of Divers Merchants of the State of Massachusetts beg leave to report the subject Matter of their Memorials respecting Debts between them and Merchants of Great Britain contracted previous to the present War cannot be decided upon antecedent to a Negociation of Peace wherein the just Rights of the Citizens of the United States will be fully attended to and secured agreable to the Laws of Nations. The Committee beg Liberty farther to Report that whereas the United States in Congress assembled are determined to administer full and equal Justice to all public Creditors, and whereas many of the Citizens of the United States have been greatly injured by the Operation of tender Laws which were originally founded in the best of principles tho' by the Depreciation of the paper Currency enabled many to discharge their contracts by partial tho' nominal Payments: Resolved therefore that it be earnestly recommended to the Legislators of the respective States to enact Laws whereby all Payments made in paper Currency in Pursuance of tender Laws since the first day of September A.D. 1777, in Discharge of Debts contracted prior to the first day of January A.D. 1777, shall be considered as money advanced on account
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and that actions at Law be provided for recovering the Difference between the real sum due and the nominal Payment with Interest and that where such payments have been made in discharge of Mortgages the Difference as aforesaid remain a Lien upon the Estates Mortgaged provided an after sale has not been bona fide made by the Mortgagor or his Heirs and Whereas some Cases may have happened requiring equitable Relief which cannot be reduced to a fixed Principle of Law, It is therefore recommended as aforesaid that Courts of Chancery or Equity be empowered to take cognizance of and decree upon them.
The Committee refer the Memorial of divers Inhabitants of the State of Pennsylvania to the foregoing reports.1
[Note 1: 1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress, No. 20, I, folio 375. On September 29 it was postponed.]
The committee appointed to confer with Major Burnet; delivered in their several reports.
The report of the committee ∥consisting of Mr. Mathews, Mr. Sherman, Mr. T. Smith∥ on the letters of 8 and 10 from the superintendent of finance was taken into consideration; Whereupon,
Resolved, That the superintendent of finance be, and hereby is, authorised and directed to fit out and employ the ships of war belonging to these United States, in such manner as shall appear to him best calculated to promote the interest of these United States; and that all necessary expences incurred in consequence thereof, be defrayed by the United States.2
[Note 2: 2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 19, IV, folio 331.]
The report of the committee on the memorial of Thomas Savage was taken into consideration; after debate:
Ordered, That it be re-committed.
On motion of Mr. [James] Duane, seconded by Mr. [James Mitchell] Varnum:
Ordered, That a committee of three be appointed to confer with the Board of War on the subject of the letter from Colonel Louis, and in conjunction with them to take order:
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The members, Mr. [James] Duane, Mr. [Roger] Sherman, Mr. [Thomas] Bee.
The report of the committee appointed to confer with Major Burnet was taken into consideration:
Ordered, That it be re-committed and that the committee confer with the Board of War and superintendant of finance on the subject.
A report from the Board of War was read; Whereupon,
War Office September 11th. 1781.
Sir,
The Board do themselves the honor to enclose to Congress two estimates one for furnishing General Heath's Table the other for General Greene's.
If those estimates should meet the approbation of Congress the Board will order the articles contained in the estimate, purchased and forwarded to General Greene and the money forwarded to General Heath, as the Board are well informed he can procure the articles on better terms than they can at this place and pay the transportation. Should Congress agree to this report it may be proper to resolve,
That the Superintendant of Finance take order for furnishing to the orders of the Board of War, the sum of two hundred and thirty seven pounds to be applied by them agreeable to their report of the 11th Inst1.
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 241.]
Ordered, That the superintendant of finance take order for furnishing to the Board of War the sum of six hundred and thirty-two dollars to be applied by them agreeably to their report of the 11th instant, and the farther sum of five hundred dollars for the use of Major General Greene.
A memorial of Major General A. St. Clair, and a letter, of 1st, from Brigadier General Stark,2 were read:
[Note 2: 2 St. Clair's memorial is in the Papers of the Continental Congress, No. 43, folio 247; Stark's letter is in No. 78, XXI, folio 117.]
Ordered, That they be referred to a committee of three:
The members, Mr. [Richard] Howly, Mr. [William] Sharpe, Mr. [George] Partridge.
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The committee of the week made report; Whereupon,
Ordered, That a letter, of 1st, from General Schuyler; and
A letter, of 21 August, from Major Galvan, be referred to the Board of War.1
[Note 1: 1 This report, in the writing of George Partridge, is in the Papers of the Continental Congress, No. 32, folio 249; Galvan's letter is in No. 78, X, folio 353; Schuyler's is in No. 153, III, folio 573.]
The committee, ∥consisting of Mr. Clymer, Mr. Lovell, Mr. Sherman, ∥ to whom was referred the letter from S. Deane, of 15 May, report,
That provision is made for the examination of Mr. Deane's accounts, by the appointment of a vice consul; Whereupon,
Ordered, That Mr. Deane be informed of that appointment.
The committee, ∥consisting of Mr. Clymer, Mr. Lovell, Mr. Sherman,∥ on the letter of 12 April, from Mr. W. Lee, report,
"That upon principles admitted by Congress, in the settlement of an account similar to that transmitted by Mr. Lee, there appears to be due to him a balance of forty-two thousand, one hundred and eighty-nine livres tournois;" Whereupon,
Ordered, That the account be referred to the superintendant of finance, to take order for payment of the balance, [with interest at the rate of six per cent. per annum, from this day, as soon as the state of the public finances will admit.]2
[Note 2: 2 This report, in the writing of George Clymer, except the part in brackets, which is in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 19, III, folios 519--521.]
A motion was made by Mr. T[homas] Smith, seconded by Mr. [George] Clymer.
That Major General St. Clair cause the levies of the Pensylvania line now in Pensylvania to rendezvous at Reading;
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On which the yeas and nays being required by Mr. [George] Clymer:
{table}
So it passed in the negative.
A report from the Board of War on the petition of Thomas Smith and William Stone was read; Whereupon,
War Office September 12th 1781.
Sir,
The Board have been honored with a reference from Congress of the memorial of Thomas Smith and William Stone. We have no doubt of the representation of the memorialists so far as relates to their being taken into the service of the United States, from which they were discharged on the 3d of November last. As to the payment of the passages of the families of officers in Continental service, the Board are unacquainted therewith farther than that on a reference to two Gentlemen of Philadelphia an allowance was made to the owners of the vessel mentioned in the memorial, beyond what this Board deemed reasonable and probably the passages of some of the
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Families of officers might have been taken into consideration by the Referees who were appointed by the Treasury Board and the owners of the vessel, the former acting by authority from Congress given them for the purpose. We have no doubt of the Utility of the memorialists to the United States as well on past occasions as in services now in contemplation. But as the payment of the passages of any Families has not been made by any express authority from Congress, or with the consent of this Board we cannot report in favor of the petition unless the rule was generally adopted. If Congress however are of opinion that an exception can be made on account of the peculiar usefulness of the Petitioners they will be pleased to direct,
That the memorial of Thomas Smith and William Stone be referred to the Treasury Board who are directed to take order for payment of the passages of the Families of the said Thomas Smith and William Stone from Charlestown to Philadelphia.
Probably a less exceptionable way will be to order
Ordered, That the sum of one hundred and seventy-six dollars be paid advanced to Thomas Smith and William Stone in consideration of services rendered the United States on account.
But if Congress are of opinion that the Prayer of the Petition cannot be granted they will be pleased to resolve,
That the Prayer of the Petition of Thomas Smith and William Stone who request payment of the passages of their Families from Charlestown to Philadelphia cannot with expediency be complied with under the present circumstances of the Finances of the United States.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 247.]
Adjourned to 10 o'Clock to Morrow.
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