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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 --TUESDAY, OCTOBER 1, 1782
Mr. Richard Howell, having declined to accept the office of judge-advocate:
Resolved, That to-morrow be assigned for electing a judge-advocate.2
[Note 2: 2 Howell's letter, dated September 26, addressed to the Secretary at War, is in the Papers of the Continental Congress, No. 78, XII, folio 245.]
A letter, of 30 of September, from Thomas Edison, was read; Whereupon,
Ordered, That the Superintendant of finance pay to the said Thomas Edison, in addition to what he has already received, the sum of two hundred dollars in full for his services and all demands against the United States.3
[Note 3: 3 Edison's letter is in the Papers of the Continental Congress, No. 78, VIII, folio 393.]
The committee, consisting of Mr. [Samuel John] Atlee, Mr. [James] Madison and Mr. [Elias] Boudinot, to whom was referred a representation of the legislature of New Jersey, report,
"That it appears from the said representation, that complaints have been made to the legislature of New Jersey, by the officers of the line of that State, of partial payments made by other states to the troops of their particular lines, and that it is proposed by the said legislature, unless measures be taken by Congress for securing equal justice to the troops of New Jersey, to apply to their use a part of the taxes
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required by and allotted for the disposition of the United States in Congress assembled:
"That by the Articles of Confederation, all charges of war, and all other expences incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, are to be defrayed out of a common treasury, which shall be supplied by the several states, and the United States in Congress assembled are to ascertain the sums so to be supplied, and to appropriate and apply the same in defraying such expences:
"That in pursuance of this delegated power, Congress did, in the month of November last, require of the several states their respective proportions of the sum of eight millions of dollars, for the service of the current year, in which service was included the payment of the army, so that in case of compliance with the said requisition, the whole army will be regularly and duly paid:
"That if therefore individual states undertake, without the previous warrant of Congress, to dispense any part of moneys required for and appropriated to the payment of the army, or any other purposes of the union, the federal constitution must be so far infringed:
"That such infractions ought the more to be guarded against, as they tend to subvert the plans which Congress have adopted and are now carrying into effect for a uniform and economical administration of the public revenue, as they must prolong the existence of unsettled accounts between the United States and individual states from which great inconveniences have been experienced, and as they cannot fail to produce ultimately discords, among the several states, and intermediate confusions and murmurs in the army;" Whereupon,
These considerations have such weight with the Committee that they judged it expedient for Congress to resolve
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Resolved, That the legislature of New Jersey be informed, that Congress have adopted every means in their power for securing payment of the arrears due to the army, prior to the first day of January last, and for the regular payment of the army in future, which they hope the several states will exert themselves to enable Congress to accomplish, and that Congress have discountenanced all partial payments of the army by particular states.
Resolved, That no moneys paid by any of the states to the officers and soldiers of the army of the United States, as pay for the year 1782, be considered as advanced in behalf of the United States, and that the same be not credited to the State by which the advance shall have been made.
Resolved, That the several states be required to make speedy payment of the respective quotas into the public treasury, that Congress may be thereby enabled to pay the officers and soldiers of the American army the amount of their pay for the present year.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 20, I, folio 303.]
The committee [Mr. George Clymer, Mr. Jonathan Jackson, and Mr. Edward Telfair] to whom was recommitted the report on the letter of the superintendant of finance of the 23 July report,
That having conferred with the superintendant of finance agreeable to the directions of Congress, they are of opinion that a sum certain should be allowed on the late commissary General Trumbull's account in lieu of all commissions earned and of the ballances of said account. They therefore offer the following resolution:
That there be passed to the credit of the late commissary general Joseph Trumbull twenty nine thousand five hundred and five dollars and sixty ninetieths of a dollar, being the sum estimated to be due to him from the United States, and in lieu of the nominal ballance struck on the settlement of his account.2
[Note 2: 2 This report, in the writing of George Clymer, is in the Papers of the Continental Congress, No.19, VI, folio 67. It is indorsed "2d report. Read 16 Sept., 1782. Entered. Postponed." On October 1 it was referred, as the indorsement states, to Messrs. [George] Clymer, [Jonathan] Jackson and [Hugh] Williamson "to report what on due inquiry they apprehend to be a proper and adequate compensation for the services of Commissary Trumbull, the resolution of 31 March, 1779, notwithstanding, stating the facts upon which they ground their opinion." See post, October 28.]
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