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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, DECEMBER 10, 1782
Mr. [Daniel] Carroll laid before Congress a letter of 6, from the president of the senate and speaker of the house of assembly delegates of Maryland, informing him of his being chosen a delegate to Congress for the ensuing year.
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Sir,
By Direction of the general Assembly we have the Pleasure to inform you that you are chosen a Delegate to Congress for the ensuing Year.
We have the honor to be Sir
Yr most obt hble Servts
Geo Plater
Presid.th of the Senate
Thos. Cockey Deye
Speaker H. D.
Annapolis, Decr. 6th, 1782.
hon: Mr. Carroll1
[Note 1: 1 The original is in the Papers of the Continental Congress, Maryland, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
Pursuant to the order of the 18 of November last, the Superintendant of finance reported the draught of a letter to Thomas Barclay, esq. commissioner for settling the public accounts in Europe, containing instructions to the said commissioner; and the same being read,2
[Note 2: 2 This paragraph and the order following were entered in both the Public and Secret (Foreign) Journals. The letter of instructions was entered only in the manuscript Secret Journal, Foreign Affairs.]
Ordered, That it be returned to the Superintendent of finance to be transmitted; the letter being as follows:
Office of Finance, December 5, 1782.
Sir,
On the 28th of May last the United States in Congress assembled resolved, that a commissioner be appointed to liquidate and finally settle the accounts of all the servants of the United States who have been intrusted with the expenditure of publick moneys in Europe. On the 29th of July last it was resolved, that the resolution of the 28th of May be reconsidered; and on motion it was ordered, that the said resolution be committed. On the 18th of November last, on the report of a committee, to whom upon a reconsideration the resolution of the 28th day of May last was referred,
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it was resolved, that a commissioner be appointed by Congress with full powers and authority to liquidate and finally to settle the accounts of all the servants 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; and 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. On the same day you was elected the commissioner; and it was resolved, that Congress would hereafter make adequate provision for the said commissioner, according to the nature and extent of the services which he shall perform. And on the 20th of November last it was resolved, that the superintendant of finance be directed to instruct the commissioner for settling the publick accounts in Europe to take proper measures for adjusting, without delay, the accounts of Mr. de Beaumarchais, or Roderique Hortales & Co., and to report such settlement to Congress, that order may betaken for payment of the balance, if any shall be justly due; and that in the mean time no further remittances or payments be made to Mr. de Beaumarchais or Roderique Hortales & Co. by virtue of any former resolutions of Congress.
Enclosed herein you will find a commission authorising you to act in this business; and I shall now endeavour to give you such explanations and directions as maybe necessary for the accomplishment of it, consistently with the views and intentions of the United States in Congress.
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You will undoubtedly remark, that no sum is fixed upon as the compensation for this duty, the reason of which is apparent, namely, that until the completion of it neither the nature nor extent can be perfectly known. This might perhaps have induced a monthly or annual stipend to any other commissioner; but as your other duties may and probably will occupy a part of your time and attention, which must nevertheless be indeterminate, so it follows, that no points could properly be assumed by which the reasonable extent of such a stipend could be known. I have every reason to believe, that it is the intention of Congress to make a generous allowance for the performance of this service, and I am persuaded that by attention, assiduity and the faithful exertion of your talents and abilities, you will merit their regard.
The appointment of your clerks, as well as the ascertaining their number and reward, are left to your discretion. You will on this occasion consult the principles of true economy, which dictate the employing as many persons as are capable of performing the service, and no more; the taking care that those employed are capable of performing the business committed to them; and the obtaining such a number of such persons on the cheapest terms for which they can be procured. But the worst economy in the world is to employ improper men. That you may be enabled to form a judgment of the talents necessary to a clerk you will observe, that Congress in their ordinance of the 1lth September, 1781, for regulating the treasury and adjusting the publick accounts, ordained and declared, that the clerks, the number of whom should be regulated by the Superintendant of finance, should be appointed by the comptroller. That it should be their duty respectively to examine all accounts which should
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be committed to them by the comptroller, to correct all errours, and to note in writing what may appear exceptionable either as to the propriety of the charges, or the validity of the vouchers; and to transmit the accounts, with his remarks, to the auditor: and that the party for himself, and the clerk on behalf of the publick, should be heard before the auditor. From the nature of the commission intrusted to you it follows, that you must both commit the account to the clerk, and afterwards audit it, as well as finally determine on and adjust it; which last is done here by the comptroller, except in cases where the appointment of a commissioner has been necessary, with authorities similar to yours. It is to be apprehended, that the accounts will in many instances be exhibited to you informally; and as it is not only useful in the first settling of complicated accounts to adhere to settled forms, but absolutely necessary to the clear and easy understanding of them after they are settled, so it will frequently become necessary to have the accounts restated, and all the vouchers to them numbered by your clerks. And although your own care and attention will always be requisite to detect and discover errours and frauds, yet so much will depend on the accuracy and abilities of the clerks in these investigations, that I cannot too strongly recommend to your attention the choice of able accomptants for that purpose.
With respect to the accounts of Mr. de Beaumarchais, much has been said, and therefore I might dispense perhaps with saying any thing; but as I have reason to believe, that whatever may have been the characters of the persons concerned, either for abilities or integrity, the business which has passed through their hands has not been well done, I must desire that these accounts undergo your strictest scrutiny. You will
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probably find some other large accounts, which merit a like attention. In every such case, the observations made here will be equally applicable. You are too well acquainted with mercantile business not to know when, and how, and what commissions are chargeable on a transaction. I believe that knowledge and information on this subject will be found very necessary. They will be indispensable should it be attempted to charge several commissions on the something, whether it be done openly as such, or covertly as brokerage, factorage and the like, or still more covertly by an increase of original price. Hence,therefore, it will be found necessary to consider well the original prices; and it is much to be lamented that samples of the articles cannot be laid before you;because many have been received of a quality not only base, but despicable. It is not possible at this distance of time and place to ascertain by whom such articles were purchased; and indeed many of those which have been shipped never arrived. Under such circumstances it becomes your duty to require proof of the quality of such articles as appear charged to the United States; and the idea will naturally suggest itself, that the character of the party making the charge will influence the necessity of such proof, just as the validity of the proof itself will be influenced by the character of the witnesses. Had these transactions been merely confined to the purchase and delivery of goods, they might perhaps easily have been investigated; but they extend themselves to many other things,among which is the transportation and expence incident to it. Under this head two objects present themselves immediately to view: first, whether due care was taken in the modes of transportation adopted;and secondly, whether the expence has been reasonable
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able or exorbitant. With respect to the latter, it will certainly be your duty to correct improper or exorbitant charges. But in the former case your conduct must be directed by circumstances in their nature so various as to admit of no prescribed rule; and therefore I can only recommend it to you to consult the interests of the United States as far as the principles of justice will permit. I know it is unnecessary to tell you that the delivery of goods purchased and transported should be shown before the charges are admitted; but I must desire that the evidence on this subject may be so clear and plain as to enable us to call the receivers of them to account. Cases will doubtless occur of loss by the accidents of the sea, and by enemies: these also should be clearly proved, and the causes as much as possible investigated.
Your commission will entitle you to aid and protection in the execution of the duties committed to you; and you will make the necessary applications on that subject to the proper persons whenever circumstances shall require. A primary object will be, to discover what sums have at any time or times been paid to the use of the United States. These can, I suppose, be discovered, and the names of the persons to whom they have been paid, although it is possible that in certain cases the person by whom they have been paid will not be known to you. The first account you form will be a general one, under the title of loans and subsidies obtained in Europe on account of the United States. The debit of this account you may leave in blank, but the credit side will consist of the sums paid to the use of the United States, and the persons to whom they were paid. Every of these persons will, of course, be debited in particular accounts for the respective sums so credited. These sums, then, they
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are to account for; and where they have paid them over to others, such payments are again to be accounted for, until they are traced to a final appropriation, which will be of articles purchased for, or services rendered to, the United States. In the course of this investigation, however, it may happen, that in some case of payment by one to another the receiver shall not account properly, on which the question will arise, how far the payment is to operate a discharge to the party by whom it was made. This question admits of so many modifications, according to the varieties of possible circumstances, that no provision can be made which will be applicable to all. I have therefore thought it best to enclose for your perusal the instructions1 on this subject to commissioners appointed for settling the old accounts of the civil departments. You will govern yourself by the spirit of these instructions according to circumstances as they arise.
[Note 1: 1 A copy of this letter is in the Papers of the Continental Congress, No. 137, II, folio 83, as follows:
Office of Finance, 3d October, 1782.
Sir,
In the course of the business committed to your care a doubt will naturally enough arise, how far payments to deputies in a department shall discharge the principal. I think it proper therefore to give you my sentiments.
When of two officers appointed by Congress, the one is from the nature of his office to receive money from the other, in such case, the payment on publick account, and for the purposes of such office, must finally discharge the party paying. In all other cases, the advances made should be carried (in the first instance) to the credit of the person who made them, and be charged to the receiver. But in any case where there shall have been a default, the amount thereof must be recharged to the immediate superiour of the defaulter; and if it be still unaccounted for and unpaid by him, then it must be recharged to his immediate superiour; and so on, until it finally stand as a charge against some person appointed by Congress; and then in the last resort, Congress (who are alone competent to it) will determine upon a consideration of all circumstances, whether the principal shall be held to pay the United States, or whether he shall be finally discharged.]
I have already observed, that the final appropriation of moneys must be traced to articles purchased and services rendered; but such a general distinction
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would not be sufficiently clear in the stating of accounts: you will place this final appropriation, therefore, under one or other of these following general heads.
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It is not improbable that in the course of your business you may find it necessary to raise some other such general accounts; and if so, you will raise them accordingly. You will take care to attend strictly to the propriety of all charges made, and to the validity of the vouchers by which they are supported. You will examine very particularly into the accounts of armed vessels fitted out in Europe on account of the United States, especially of those wherein any individuals shall appear to have been interested. And you will bring those persons to account into whose hands any prizes or moneys for the sales of prizes may have come;
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so that justice may be done as well to the publick as to the captors concerned therein.
Whenever you finally settle an account, you will take care to be possessed of the several vouchers, which, together with the account, are to be kept in your consular office until farther orders; but you will transmit quadruplicate copies of the several general accounts by safe conveyances as soon as possible.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 137, II, Appendix, folios 277--285. A copy is in No. 137, II, folios 73--82, and Morris's letter of transmittal is on folio 69. The letter to Barclay is printed in the Diplomatic Correspondence of the American Revolution (Wharton) VI, 115.]
The Committee [Mr. James Duane, Mr. James Madison and Mr. Daniel Carroll] to whom was referred the memorial of S. Metcalf &c. report that the same be handed to the office of Foreign Affairs.2
[Note 2: 2 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 19, IV, folio 69. According to the indorsement, it was passed on this day.]
Resolved, That theDay ofnext be assigned for the Consideration of the several Resolutions and papers on the Journals and files of Congress respecting the district of Country Commonly known by the name of the New Hampshire Grants West of Connecticutt river and that the states of New York and New Hampshire and the people residing on said Grants be informed that Congress will then proceed to make their Final Determination respecting said Territory.3
[Note 3: 3 This undated motion, in the writing of John Taylor Gilman, is in the Papers of the Continental Congress, No. 36, II, folio 81. Cf. Madison's notes for December 10, post.]
The Committee of the Week [Mr. William Floyd, Mr. Jonathan Arnold, Mr. David Ramsay] report, on the petition of Bellamy Crawford praying for a settlement of his accounts for cloathing, rations and an allowance for his extraordinary expences in Charlestown that they are sensible his distresses are great, and his necessity pressing; that they cannot devise any mode for his particular relief without an infraction of established systematical arrangements. They, therefore, recommend that that part of his petition which relates to a settlement of his accounts be referred to the Superintendant of Finance and that part which relates to his cloathing, rations, subsistence
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and extraordinary expences while a prisoner in Charlestown to the Secretary at War.1
[Note 1: 1 This report, in the writing of David Ramsay, is in the Papers of the Continental Congress, No. 32,folio 423. The indorsement shows that it was passed on this day. Crawford's petition, dated Philadelphia, December 6, 1782, is in No. 42, II, folio 160.]
The Committee of the Week [Mr. William Floyd, Mr. Jonathan Arnold, Mr. David Ramsay] Report,
That the memorial of Reyer Schermerhorn, requesting pay for a quantity of rum seized from him by order of Major Genl. Howe in the year 1780, be referred to the Superintendant of Finance to report thereon.2
[Note 2: 2 This report, undated, in the writing of William Floyd, is in the Papers of the Continental Congress, No. 32, folio 421. The memorial of Reyer Schermerhorn, dated Philadelphia, December 5, 1782, is in No. 41, IX, folio 209, and its indorsement shows that it was referred to Superintendent of Finance on December 10, to report.
On this day, according to the indorsement, was read the letter of 5 from Baron Steuben. It was referred to Mr. [Alexander] Hamilton, Mr. [Abraham] Clark, Mr. [Ezekiel] Cornell. It is in No. 19, V, folio 553.
Also, a letter dated November 20, from Captain Le Chev. de Moyria. It is in No. 78, XVI, folio 337.
Also, a letter, undated, from the Secretary at War. It is in No. 149, II, folio 169.
Also, a letter from the Secretary at War, dated this day. It is in No. 149, II, folio 159.
Also, a letter from General Washington, dated Head Quarters, December 4. It is in No. 152, XI, folio 37.]
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