| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, NOVEMBER 18, 1782
Mr. [Thomas] Fitzsimmons and Mr. [Richard] Peters, two delegates for Pensylvania, attended and produced their credentials, by which it appears that the Hon. Thomas Mifflin, Thomas Fitzsimmons, James Wilson, John Montgomery and Richard Peters, esqrs. were on the 12th instant duly elected delegates to represent that State in Congress.
State of Pennsylvania,
In General Assembly,
Tuesday November 12, 1782, A. M.
Pursuant to the order of the day, the House proceeded to the election of Delegates to represent this State in Congress, and the ballots, being taken, it appeared, that the Honorable Thomas Mifflin, Thomas Fitzsimmons, James Wilson, John Montgomery, and Richard Peters, Esquires, were duly elected.
Extract from the Minutes.
Peter Zachary Lloyd
Clerk of the General Assembly.1
[Note 1: 1 The original is in the Papers of the Continental Congress, Pennsylvania, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
Mr. [Abraham] Clark, a delegate for New Jersey, attended and took his seat.
Mr. [Joseph] Jones, a delegate for Virginia, attended, and took his seat.2
[Note 2: 2 From this point to the end of the day the proceedings were also entered in the manuscript Secret Journal, Foreign Affairs.]
Page 727 | Page image
On a report from the Superintendant of finance, to whom was referred a report of a committee on a memorial of Mr. A. Lee:
Office of Finance, 14th November, 1782.
Sir,
On the 19th day of July last the United States in Congress [were] pleased to refer the enclosed Report of a Committee, on the Memorial of Mr Arthur Lee, to the Superintendant of Finance, to take order. Such references have always been considered by me as a direction to act according to my discretion. In the present case I determined to pay the money, for the following reasons: I conceived that there were material differences between common debts and those due to individuals for monies or supplies obtained by them in foreign countries, and particularly that our creditors, being liable to the demands of their creditors abroad, would be exposed to ruin from the attachment of their persons or effects, and that the public credit abroad must be also ruined which considering the dependence placed on the obtaining foreign loans would be of fatal consequence. From a consideration of these and other circumstances I had paid two hundred thousand livres to Mr Ross, and one hundred thousand livres to Mr Bingham, in part of their demands against the United States. These payments are (I suppose) what Mr Lee alludes to in his memorial. The demand of Mr Lee being the only one of the kind which could (in my conception) come against the United States, I did not think necessary to draw any line of distinction between those debts which were in the whole for services rendered, as his was or those which only were so in part, and in other greater part for effects, as those of Mr Ross and Mr Bingham. When Mr Lee called upon me I gave him reason to believe that I intended to make payment. On the fifth of October he wrote me a letter, of which I enclose a copy, Number one. Number two is copy of my answer of the ninth, and Number three of the letter referred to in it. Number four is a copy of Mr Lee's reply of the second instant. Congress will perceive that the reason why I declined payment, was that his acceptance of Loan Office Certificates had altered the nature of the debt. Conceiving therefore (as I have already mentioned) that the matter was referred to my discretion, I would not become responsible for discharging one set of Loan Office Certificates in preference of another; that being a matter which I think Congress alone are competent to. I have been informed that it was their intention to comply with Mr
Page 728 | Page image
Lee's desire and for my own part I wish it may be done; but in that case an express Resolution will be necessary. I take the liberty therefore to submit the following to the consideration of Congress:
Resolved, That Arthur Lee, esq. be permitted to deliver up to the comptroller of the treasury, sundry loan office certificates in his possession, amounting to nine thousand nine hundred and fifty dollars and fifty-five ninetieths of a dollar, and that the same be, on such delivery, cancelled; and that the Superintendant of finance do thereupon pay the said Arthur Lee, the sum of two thousand two hundred and thirty-eight pounds, seventeen shillings and nine pence sterling, with interest from the tenth day of August, 1781, at six per cent. by bills of exchange in his favor, in livres, at the rate of ten pence half penny sterling each.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, II folio 1.]
On the report of a committee, consisting of Mr. [Arthur] Lee, Mr. [John] Rutledge, and Mr. [James] Madison, to whom, upon a re-consideration, the resolution of the 28 of May last, was referred:
Resolved, That a commissioner be appointed by Congress, with full power and authority, to liquidate and finally to settle the accounts of all the servants of the United States, who have been entrusted with the expenditure of public money in Europe, and all other accounts of the United States in Europe, and to commence and prosecute such suits, causes, and actions, as may be necessary for that purpose, or for the recovery of any property of the said United States, in the hands of any person or persons whatsoever.
That the said commissioner be authorised to appoint one or more clerks, with such allowance as he may think reasonable.
That the said commissioner and clerks respectively take an oath before some person duly authorised to administer an oath, faithfully to execute the trust reposed in them respectively.
Page 729 | Page image
That the said Commissioner be allowed at the rate ofeach of the clerks of the said Commissioner be Postponed. allowed at the rate ofper annum, whilst necessarily employed in this business.
That the Superintendant of Finance be directed to report the necessary instructions for the said Commissioner which Passed. instructions by a resolve of the 29th. of May last the said Superintendant was directed to prepare.1
[Note 1: 1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 26, folio 383. The following indorsed: "Draft of Report of Committee on Reconsideration of Resolution 28th May, 1782, respecting the public accountants in Europe," is on folio 385. It is in the writing of John Morin Scott, who was on the committee when it was first appointed, July 29, his place being taken by Madison, August 29, as shown by Committee Book No. 186:
The Committee to whom was referred, on reconsideration, the resolution of the 28th. May, 1782, for appointing a Commissioner to liquidate and finally settle the accounts of all the servants of the United States who have been intrusted with the expenditure of public monies in Europe, having conferred with the Superintendant of Finance, report it as their opinion that the liquidation and final settlement of the said accounts ought to be made only at the treasury of these United States.
That nevertheless it is absolutely necessary for the purpose of doing full justice to these United States and the accountants on the most satisfactory grounds that some person should be authorized in Europe to receive of the accountants all the said accounts attended with a production to and inspection by him of the original vouchers duly attested and proved and with authenticated copies of the same and of the affidavits or other proofs to verify the original vouchers, to be by such person transmitted without delay to the office of the Superintendant of Finance that thereby the proof may be exactly identified. That instead of sending a Commissioner expressly for that purpose a measure that would be attended with delay and extraordinary expence and be exposed to hazard and disappointment, the Committee recommend that the Consul General of these United States resident in France be authorized for that purpose.
They further report that in their opinion those accounts ought to be so framed as to consist of a particular detail of all the sums of money which have from time to time come to the hands of the accountants respectively with their respective dates of receipt, and the gifts, aids, loans, subsidies and funds of whatever nature or kind on which they may have been respectively received and the public officers and other persons from whom respectively, with all which the accountants respectively ought, distinctly, fairly and accurately to debit themselves in account with these United States.
That as the burthen of the proof of the several expenditures must necessarily lie on the accountants, they ought respectively to attend their credits in account with the United States with clear, minute and satisfactory proofs not only of the actual expenditures and of the times when and persons to whom and uses for which, but also of the ground of authority on which the same were respectively made.
And for the better carrying of this report into execution, should the same be approved of by Congress, the Committee beg leave to report the following form of a special Commission to the said Consul General and instructions thereon, to wit--
"The United States of America in Congress assembled to all to whom these presents shall come send Greeting. Know ye that reposing special trust and confidence in the abilities, integrity and diligence ofEsqr. Consul General for these United States resident in the kingdom of France these United States in Congress assembled have specially authorized assigned and appointed and by these presents DO specially authorize assign and appoint the saidEsqr to demand have receive and take of and from all and every person and persons who has or have, at any time or times before the day of the date of these presents, been authorized and empowered by those United States in Congress assembled or any person or persons acting under their authority, to receive or has or have received on account and for the use of these United States in Europe any sum or sums of money whether in the nature of a gift, aid, loan, subsidy, or from any other fund of any nature kind or quality whatsoever, a just full true and particular account or accounts of all and every such sum and sums of money so received and of the expenditure of the same respectively or of so much thereof as shall have been expended, and to have and demand of and from any and every such accountant such proofs of his accounts as the saidshall deem just and reasonable and the same accounts and each and every of them together with the several vouchers, evidences and proofs concerning the same respectively to transmit without delay certified under the seal and signature of his aforesaid office of Consul General to the Office of Superintendant of the Finances of these United States wheresoever the same may be, and also in all things to observe perform and fulfil the instructions herewith sent bearing equal dates with these presents. In Testimony &c."
The form of instructions to attend the Commission.
"Instructions attending a special Commission bearing even date with these presents toConsul General of the United States of America resident in France to demand have receive and take of and from all and every person and persons, who has or have rec'd for the use of these United States any sums of money in Europe and expended the same or any part thereof the accounts and vouchers of such receipts and expenditures, to wit:
- 1. You are without delay to call on every such account[ant] of whom you shall have knowledge, by a written application requesting him to render to you without delay particular clear full and perfect accounts of all such monies as have come to his hands on account of these United States by receipts in Europe from any public officers or other persons specifying therein the respective amounts and dates of such receipts the persons from whom and the gifts, loans, subsidies or other funds from which the same respectively arose for all which the accountant is to debit himself in account with these United States.
And you are to take every means in your power to discover whether the United States are credited in such account with all the monies rec'd by the accountant to their use.
- 2.dly. As the burden of the proof as to the Expenditure of the monies will lie on the accountant every article of credit which he shall give himself in his account with these United States must be particularly distinctly and clearly stated expressing if for monies the persons to whom paid and the uses to which; if for goods not only the particular bales, chests, trunks and packages but also the particular invoices of each the vessels wherein shipped or the person or persons to whom delivered for transportation.
- 3dly. You are to require the production of vouchers for every article with which the U. S. shall be charged tracing every such article up to the person or persons who originally furnished the same, and you are carefully to examine into the authenticity veracity and fairness of every such voucher which shall be produced to you whether it be Shop Note, Bill of parcels, Invoice, Receipt, or Bill of Lading and you are to cause notarial copies of the same to be made and attested by the oaths of the persons respectively who shall have given the originals, and on refusal to give such oath you are to attend the copy with proof of such refusal; and in every case to take due care so to circumstantiate the voucher or vouchers in point of evidence as that a proper judgment may be formed here what credit ought to be given to the same and how far the same may tend to support the article or articles of charge in the accounts to which the same shall relate.
- 4thly. You are to trans t the said accounts and vouchers either together or from time [to time] in different parcels as they may concern different accounts and persons certified by you under your hand and seal of office, to the office of Superintendant of Finance of these United States wheresoever the same shall be, doing in all things in and concerning the premises as by your Commission and those instructions you are required.
In Testimony, &c."]
Page 730 | Page image
Congress proceeded to the election of a commissioner, and, the ballots being taken, Mr. Thomas Barclay was elected, having been previously nominated by Mr. [Hugh] Williamson.
Resolved, That Congress will hereafter make adequate provision for the said commissioner, according to the nature and extent of the services which he shall perform.
Ordered, That the Superintendant of finance report the necessary instructions for the said commissioner, pursuant to the order of the 29 of May last.
The Committee [Mr. Daniel Carroll, Mr. Theodorick Bland and Mr. Samuel Osgood] to whom was referred the letter of the Secretary
Page 731 | Page image
at War of the 30th of October, submit the following Report on part of the said letter.
R. That so much of the second Resolution of the 7th day of August last as relates to the officers retiring by voluntary agreement, be repealed to the word agreement, and that the latter part of the 4th Resolution from the words (October 1780) shall be understood to relate to officers who are called into service as corps shall be raised for them by their respective States, and not as being individually called in from retirement to fill up Regimental vacancies.
R. That any senior officer or officers whose loss of health or other circumstances are opposed to their continuance in service, and who by the arrangement which will take place on the 1st day of January next would have been entitled to remain in service by virtue of seniority in their respective grades, shall on signifying their desire on or before that day finally to relinquish their command in the army,
Page 732 | Page image
and their future right to promotion, and their request meeting the approbation of the Commander in Chief be entitled to retire with the emoluments of officers retiring under the Resolution of the 3d and 21st of October 1780. A list of the names of such officers to be immediately transmitted to the Secretary at War.
R. That it be recommended to the several States to settle with and satisfy the just demands of the officers and men of their lines respectively, and the troops of their States in the army of the U. S. for the sums due to them on account of their pay and the depreciation thereon, and for retained Rations up to the 1st day of January 1781 and charge the U. S. with the Sums they shall so severally adjust or pay, against the Requisitions of Congress made prior in the 2nd of November 1781.
R. That the paymaster general furnish the Secretary at War with accounts of pay and all advances for which they are or may be chargeable received by the officers and men of the several Regiments in the U. S. from time to time as they may be called for by him.
R. That all vacancies in the line of any State prior to the 1st of January next shall be filled up, so that the retiring officers shall leave service with the same rank they would have held had not the arrangement aforesaid been made.
R. That such parts of the Secretary at War's letter of the as relate to the pay of the army be referred to the Superintendent of Finance.1
[Note 1: 1 This report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 21, folio 303. It was read November 12, and ordered for consideration November 14. It was recommitted on this day, according to the indorsement, to Messrs. [Daniel] Carroll, [Samuel] Osgood and [Richard] Peters. A duplicate is on folio 305.]
The Committee consisting of Mr [Samuel] Osgood, Mr [Ralph] Izard, Mr [Theodorick] Bland, and Mr [James] Duane appointed to consider
Report upon the letter of John Moylan Clothier General of the 10th of April 1782,
That having conferred with the Superintendent of Finance upon the Cloathing Department, and being informed that he is taking measures to abolish it, submit the following resolution--
Resolved, That the Committee appointed to consider the letter of John Moylan, Clothier General, be discharged from Passed. that service, and that the said letter be referred to the Superintendent of Finance to report thereon and also on the propriety of continuing the said Department.
Page 733 | Page image
The Committee have considered the Memorial of the Naval Prisoners dated on board the Jersey Prison Ship February 14th. 1781, praying to be exchanged and are of opinion that Congress has already taken such measures for a general cartel as are Consistent with the honor and dignity of the United States--and therefore submit the following resolution:
Resolved, That the Committee appointed to consider Passed. the above Memorial be discharged from that service.
The Committee have considered the letter of General Washington of the 21st. of August respecting the pay and emoluments allowed to the Adjutant General and being informed by the Secretary of War that it is probable that General Hand will continue in that office upon the present pay and emoluments, therefore and not finding sufficient reason for altering the present establishment submit the following resolution:
Resolved, That the Committee appointed to consider General Washington's letter of the 21st. of August, be discharged Passed. from that service.
The Committee have considered the Memorial of the Revd. James Sproat setting forth that he was appointed Chaplain to the Hospitals, February 8th 1778, and that he was dismissed the 9th of November 1780, that he has received pay for part of the time only and that in depreciated Currency, and praying for compensation in both respects by an adjustment of his accounts, submit the following resolution:
Resolved, That so much of the Memorial of the Revd. Passed. James Sproat as relates to the arrears of pay due to him, be referred to the Superintendent of Finance for adjustment.1
[Note 1: 1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 31, folio 81. According to the indorsement, it was delivered October 29, and acted on, November 18.]
[Report of Mr George Clymer, Mr Eliphalet Dyer, and Mr James Duane.]
The Committee to whom was referred the report of the Superintendant of finance on the Memorial of the late issuing commissaries, report--
That on the establishment of the issuing department the pay of the deputy commissaries general was fixed at seventy-five dollars, and that of the assistants at forty dollars per month, which afterwards in July and August 1777 was increased; the deputy commissaries to
Page 734 | Page image
one hundred dollars, and the assistants to sixty dollars. That your Committee conceive upon every equitable consideration the depreciation should be allowed to all such of the said deputy commissaries and assistants, as were affixed to some post within the limits of the Army as permanently established for the use thereof, or which had been allowed by the Board of War, the Commander in Chief or commander of a seperate army, agreeably to a Resolve of Congress of the 15th day of July 1780, and had continued in such service until the first day of January 1782; but as the addition to the original pay, although made before any depreciation was formally declared, was undoubtedly a consequence of a depreciation which had actually taken place and by which alone the original pay became an inadequate compensation, your Committee are clearly of opinion that the allowances to be made for depreciation should be calculated on the said original pay, the balance of said pay, and the depreciation so allowed, to be passed to the credit of said deputies and their assistants, in the books of the Treasury--That with respect to such asistant issuers as had acted at posts occasionally established, or who had quitted the service before the said first day of January 1782, they are entitled to a credit only of the pay originally stipulated, without any allowance on account of depreciation, but that in either case, until a complete settlement is obtained of the accounts of receipts and issues of provision within the said department, they conceive it will be inexpedient to grant any certificates for, or give any transferable evidence whatever of the amount of such credits--but that the speediest justice may be done to the persons thus credited, the commissioner for settling the commissaries department should be directed immediately to proceed to the adjustment and liquidation of the aforesaid accounts.
Your Committee are also of opinion, that in the settlement of the accounts of the issuing department it should be a direction to the said commissioner, that in all instances where bills of the new emission have been paid in part for articles contracted for by the commissary general, or on account of liquors or provisions seized for the use of the Army, or on account of pay to that department he estimate them by the current value thereof, as compared with specie, at the times when and places where such instances have occurred.
Page 735 | Page image
If Congress approve of the above report they will be pleased so to resolve.1
[Note 1: 1 This report, in the writing of George Clymer, is in the Papers of the Continental Congress, No. 31, folio 285. According to the indorsement, it was referred on this day to Mr. [James] Duane, Mr. [James] Madison and Mr. [Abraham] Clark, and Committee Book No. 191 shows that a report was delivered November 21 and referred to the Grand Committee of January 6, 1783.]
A reference having been made to the Commander in Chief respecting a rule for promotion for the General Officers in the Army: the committee are of opinion that any report from them would be premature and, therefore, recommend the following resolution:
Resolved, That the Committee on General Hazen's letter be discharged.2
[Note 2: 2 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 42, III, folio 535. According to the indorsement the resolution was agreed to. Hazen's letter is on folio 528.]
The Agent of Marine to whom was referred the memorial of Samuel Nicholas begs leave to Report,
That the officers of the Marine appear to be entitled to the same measure of justice as to the depreciation of their pay with those in the land service.
That the referring such officers to the several States with a promise on the part of the United States that the monies which may be paid by such State shall be carried to account of the particular State, is only a different mode of payment with this disadvantage that it tends to keep up Ideas of disunion which cannot be useful.
That it appears therefore to be most proper, that all such accounts should be settled in like manner with others and the balances put upon Interest at 6 per cent. to be funded on such revenues as may be provided for liquidating the public debts.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 137, I, folio 779. According to the indorsement it was referred to Mr. [James] Duane, Mr. [James] Madison, Mr. [Abraham] Clark on this day, having been delivered October 7 and being dated October 4.]
Sir,
If Congress approve the measure they will please to resolve,
That the Secretary at War issue his warrant on the Paymaster General for the sum of one hundred and forty dollars in favor of William Massey, Esq., late Deputy Muster Master, in part of one year's pay granted to him and the several officers of the Department
Page 736 | Page image
of Commissary General of Musters on the derangement of that Department.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, II, folio 143. It is written upon a letter, of October 14, from John Pierce, and was read on this day.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |