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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 --THURSDAY, APRIL 10, 1783
On the report of a committee, consisting of Mr. [Richard] Peters, Mr. [Eliphalet] Dyer and Mr. T[homas] S[im] Lee, to whom was referred a letter of 23 of March, from the Commander in Chief:
Resolved, That Congress are satisfied with the reasons which have prevailed with Major-General the Marquis de la Fayette, for his stay in Europe, and his consequent absence from his command in the army of the United States, and have a high sense of the new proofs he has exhibited of his zeal in the cause of the said states, and of his constant attachment to their interests and welfare.1
[Note 1: 1 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 19, VI, folio 423.]
On the report of a committee, consisting of Mr. [William] Hemsley, Mr. [John Lewis] Gervais, and Mr. [Thomas] Fitzsimmons, to whom were referred a memorial and the accounts of Oliver Pollock:
The Committee to whom was referred the letter from Oliver Pollock of the 24 Feby with his acct. against the United States. Report
That they have Examined the accs. of the said Oliver Pollock with the vouchers which he has produced and find the amount thereof58735 26/90
That this account consists of a variety of articles, which the committee do not think themselves competent to judge of and conceive it to be their duty to state the articles specially that they may receive the opinion of Congress thereon.
The Committee find a charge for three invoices of goods shipped for account of the United States but received and made use of by the State of Virginia amounting (with interest to the 1st March 1783) to23288 84/90
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If Congress are of opinion, that this should be a charge against the United States they will so direct. If they shall March 31,1788. The charge allowed under the proviso passed. so direct the Committee advise, that the said Oliver Pollock be obliged to produce vouchers to shew that the goods in invoice marked C amounting to3977 81/90
Including interest to the 1st. March 1783 was before credited to the United States.
The article marked No. 1 in the account is for damages upon bills drawn by the said Pollock in New Orleans upon S. & I. H. Delap of Bourdeaux and amounts to1961 41/90
Upon this article the Committee remark that the bills upon which the said damages are charged were not drawn by order, or for account of the United States, but it appears that at the time of drawing them, these States were largely indebted to the said Pollock, and that in consequence of his application to the Commercial Committee they did promise to write to the Commissioner at the Court of France to make provision for the payment of the said bills. It appears, too, that the Continental agent at Cape Francois possessed himself of a large quantity of peltrys the property of the said Pollock upon a presumption that they were the property of the United States, and that the detention of the said peltrys was the occasion of the Damages which he alledges he sustained.
If Congress are of opinion that under these Circumstances the Passed. damages aforesaid should be allowed they will so direct [for the ballance due to him at the time of the damages sustained] upon proof being made to them that those damages were actually paid.
In Article No. 2 is included a charge of one thousand six hundred Dollars paid to William Murray for his attendence upon Congress for Sixteen Months.
Upon Inquiry the Committee do not find that the attendance of Passed. the said W. Murray was by desire of Congress. And that this charge together with the Interest thereon to the 1 March 1783 ought to be deducted.
Article No. 3 amounting to 11133 83/90 is for sundry sums of paper money for which the said Pollock alledges he gave specie (to support the honor and interest of the United States); in the above sum is included interest on the sums exchanged to the 1 March 1783.
If Congress are of opinion that this charge should be Negatived. allowed they will direct accordingly.
Article No. 4 is a charge of expences as Continental Agent at New Orleans for five years at 1000 dollars pr. annum amounts to5000
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As no voucher is produced for any particular Expence Postponed. Negatived. incurred it remains with Congress to determine whether this allowance or any part of it shall be made.
Article No. 5 is a charge of 6750 dollars for damages sustained by the said Pollock, in the sale of his property, which he was obliged to dispose of to make payment of part of the debt which he had contracted for the service of the United States.
The property sold is stated to have been of the value of 45,000 dollars, and the damages sustained Estimated at 15 pr Ct. upon that value; but no vouchers are produced to shew the value of the property or the damage actually sustained.
Upon this charge the Committee can only remark that it appears clearly that the said Pollock was a man of considerable property in the Country where he resided and that the United States are largely indebted to him. They have reason to believe (from information) that he has been under the necessity of selling his property.
If Congress shall be of opinion that he is intitled to this Negatived. compensation they will so direct.
Article No. 6 is a charge for expences in coming from New Orleans to this place to solicit the settlement and payment of his accounts and amounts to 1300 Dolls.
If Congress think proper to make any allowance on that account, Negatived. the Committee are of opinion the charge is a moderate one.
No. 8 is left blank in the account and is intended to call the Negatived. attention of Congress to the damages which the said PollocK has sustained by having his whole property withheld by them and thereby disqualifyd him from engaging in any business for his support.
Upon this charge Congress will please to determine.
No. 7 is a credit of 1250 State dollars paid to the agent of the sd. Pollock on the 8th Feby., 1781.
He has credited this payment at the different rates of depreciation, at which he alleges it was passed by which the value is reduced to 565 dollars and the interest calculated on that instead of the original sum.
The Committee are of opinion it would be introducing a very Passed. dangerous precedent to admit that persons who received paper money should be allowed to estimate it at any other value than that which it actually bore at the time they received it, and that Mr. Pollock should be charged with the above sum upon that principle.
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In referring to the journals of Congress the Committee find, that there have been several reports and resolutions, expressive of the zeal and activity of the said Oliver Pollock in his endeavours for the service of the United States they find that he has credit in the treasury books for60255 78/90 exclusive of the present account and that he is creditor to the state of Virga. for136,466 dollars
They are clearly of opinion that his zeal and his sufferings intitle him to the consideration of Congress in several of the charges above referred to, and that a considerable payment ought to be made to him, as soon as the situation of the public finances will permit.
In the report of a Committee of the 7 Novr. 1781, it is directed, that the Superintendant of Finance do not pay any part of the sums (credited to the said Pollock) to him or to his agents untill advice is received from Don Galvez of the sums advanced by him to the said Pollock and of the measures taken by the said Pollock for repayment thereof.
It has been ascertained. that the sums advanced by Don Galvez amounts to74,087 dollars and it is not pretended that any part thereof has been paid but it is urged by the said Pollock that he stands engaged for payment of the whole and requests that the aforesaid Injunction be taken of.1
[Note 1: 1 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress, No. 50, folio 297. According to the indorsement, it was read March 26. See post, May 2.]
Resolved, That the three invoices of goods shipped by 0. Pollock, for account of the United States, but which were received and made use of by the State of Virginia, amounting, with interest to the 1 March, 1783, to 23,288 84--90 dollars, be admitted in the settlement of his accounts with the United States; but that he be obliged to produce vouchers to shew that the goods in invoice, marked C, amounting, with interest to the I March, 1783, to the sum of 3177 81--90 dollars, was before credited to the United States, and that until he produce such vouchers, this sum be not admitted.
Resolved, That the charge of 1961 41--90, for damages on bills drawn by the said O. Pollock upon S. and J. H. Delap, of Bordeaux, be allowed, provided it shall appear that 10,000 dollars, which was the amount of the bills drawn,
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were at the time of drawing due to the said Oliver Pollock by the United States, but if not, that damages be allowed for the sum due to him at the time of the damage sustained, upon proof being made that those damages were actually paid.
Resolved, That the charge of one thousand six hundred dollars, paid to William Murray, for his attendance on Congress for sixteen months, together with the interest charged thereon, be not admitted.
Resolved, That the charge of 11,133 83--90 dollars, for paper money, be not admitted.
Resolved, That the charge for damages on the sale of his estate, and the charge for expences in coming from New Orleans, to solicit the settlement and payment of his accounts, be not admitted.
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