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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, JANUARY 15, 1784.
Congress assembled: Present as yesterday.
The committee, consisting of Mr. [Samuel] Osgood, Mr. [Hugh] Williamson and Mr. [James] Tilton, to whom was referred a memorial of the public creditors in the city and neighbourhood of Philadelphia, report, that the said memorial sets forth, that the general assembly of the State of Pensylvania, did, on the 21 day of March last, pass an act authorising and directing the treasurer thereof, to make and issue notes, and deliver the same to Thomas Smith, esq. continental loan of officer, to enable him to pay one year's interest on such of the said debts as are therein described, according to the directions of the United States in Congress assembled. That the said loan officer refuses the payment of the interest due to them on loan office certificates, bearing date between the first day of September, 1777, and the first day of March, 1778, unless they consent to a liquidation of depreciation on the interest of this class of certificates, equal to that which is established for the principal on the final redemption; that this condition destroys the solemn contracts contained in the resolutions of the loth of September, 1777, and adhered to in the resolve of the 28 of June, 1780, the first of which is, "that the interest which shall arise after the date of this resolution on loan office certificates, already issued, or which shall be issued before the first day of March next, be annually paid at the respective loan offices in bills of exchange on the commissioners of the United States in Paris, at the rate of five livres tournois of France for every Spanish milled dollar, due for interest as aforesaid, or in continental bills of credit at the option of the respective lenders." The other is, "that the interest on all loan office certificates at the rate of six per cent. per annum, computed on the principal ascertained as aforesaid, shall be discharged annually, in like manner as the principal,
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until the principal shall be paid: Provided nevertheless, that the same interest and mode of payment on certificates taken out before the first day of March, 1778, shall be continued as at present, until the principal ascertained as aforesaid, be ready to be discharged." That the memorialists in behalf of the said public creditors, pray Congress to give directions agreeably to the intentions of the above recited resolutions.
The committee farther report, that upon inspecting the journals of Congress, they find that Congress did, on the 4th day of September, 1782, resolve that 1,200,000 dollars be quotaed on the states as absolutely and immediately necessary for the payment of the interests of the public debt; but no directions are contained therein, relative to paying interest on the certificates above described, or the liquidating the interest by the scale of depreciation; that on the 9 of September, 1782, Congress directed, "that no bill of exchange be issued for interest due on loan office certificates, since the first day of March last," preceding. And the committee are of opinion, that the inability of Congress, to discharge the interests according to the contract promise, does not dissolve the same, that the creditors aforesaid are justly entitled to an equivalent, that the debt is created by the resolution of the 10 of September, 1777, and that no subsequent resolution has invalidated the intention thereof: Whereupon,
Resolved, That the interest which has or may become due on loan office certificates, bearing date between the tenth first day of September, 1777, and the first day of March, 1778, is not subjected to any depreciation but is expressly saved therefrom by the resolution of the 28th of June 1780.1
[Note 1: 1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 20, II, folio 173. The words crossed out so appear in the report and not in the Journal.]
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On the report of the committee, to whom was referred the letter from the postmaster general, of the 22d of November, with the papers enclosed, respecting the robbery of the mail at Princeton,
Resolved, That the president issue a proclamation, offering a reward of three hundred dollars, to be paid out of the public treasury, and charged on the revenue of the post office, to any person or persons who shall apprehend and secure, in any of the goals in the United States, the perpetrator or perpetrators of the aforesaid robbery, so that he or they may be thereof legally convicted, and brought to condign punishment; and promising the same reward, with an indemnity, to any person who, being an accomplice, shall give information and evidence whereby any principal offender or offenders shall be convicted as aforesaid.1
[Note 1: 1 This resolution, as a part of the report of the committee brought in January 6, is in the Papers of the Continental Congress, No. 19, III, folio 84.]
On motion of Mr. [Jacob] Read, seconded by Mr. [Roger] Sherman,
Resolved, That a committee be appointed to devise ways and means for discharging that part of the public debt, consisting of continental loan office certificates, issued between the I day of September, 1777, and the first day of March, 1778.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Jacob] Read,
Resolved, that a triplicate of the ratification of the definitive treaty, be sent to our ministers plenipotentiary, by Lieutenant Colonel David S. Franks, who is authorized and directed to take passage in the first vessel which shall sail from any port eastward of Philadelphia, for France or any port in the channel, in which neither of the instruments of the ratification, already forwarded, may be sent,
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provided such vessel shall sail before the 3 day of February next.
Ordered, That the Superintendant of finance furnish Lieutenant Colonel D. S. Franks, with money to defray his necessary expences in going and returning.1
[Note 1: 1 This resolution and order were also entered in the Secret Journal, Foreign Affairs.]
On the question to agree to this resolution, the yeas nad nays being required by Mr. [Jacob] Read,
{table}
So the question was lost.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Thomas] Jefferson,
Resolved, That a committee be appointed to consider and report the most expeditious mode of sending a triplicate of the ratification of the definitive treaty to the plenipotentiaries of the United States in Europe.
The Committee [Mr. James Wadsworth, Mr. Eleazer McComb and Mr. Arthur Lee] appointed to consider of the best mode of transmitting a triplicate of the ratification of the definitive treaty to our Ministers at Paris recommend the following resolution.
Resolved, That it having been signified to the house that Major David S. Franks is desirous of going to France on his own affairs,
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he be requested to take into his care the ratification of the D. T. and deliver it to our Ministers at Paris; that the Superintendent of Finance be directed to supply him with one hundred guineas for his extraordinary expence in so doing.1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, II, folio 285.
On folio 289 is the following, in the writing of Samuel Osgood:
Ordered, that the Superintendent of Finance furnish Lieutenant Colonel D. Franks with guineas to defray his necessary expences.
On folio 291 is the following, in the writing of Thomas Jefferson:
Resolved, That the ratification be immediately expedited in good and due from under the seal in the following form to wit [here insert the ratification] and be transmitted to our ministers plenipotentiary commissioned to negotiate the said treaty by whom the said treaty was negotiated and signed.
On folio 293 is the following, in the writing of Arthur Lee and William Ellery:
That certified copies of the ratification of the definitive treaty be transmitted by the President to the Governors of Connecticut, of Rhode Island, and Massachusetts Bay by express, and that they be requested to forward the same by the first vessel sailing from any port in their respective states, with particular orders to the Captains, or some other trusty persons who may be going passengers to transmit deliver the same by express to our Ministers at Paris as soon as possible immediately on their arrival.
On folio 295 is the following, in the writing of James Monroe:
That the Superintendent of Finance be directed to furnish to Major Franks 200 guineas to bear his expences, of his mission with the ratification of the definitive treaty to our Ministers at Paris.
On folio 297 is the following, in the writing of Elbridge Gerry:
That a triplicate of the ratification of the definitive treaty be sent to our Plenipotentiaries, by Lt. Col. David S. Franks, who is authorized and directed to take passage in the first vessel which shall sail from any port eastward of Philadelphia for France or any port in the Channel in which neither of the other instruments of the ratification already forwarded shall have been sent, provided such vessel shall sail before the 3d. of February next.]
The committee [Mr. James Tilton, Mr. Arthur Lee and Mr. David Howell] to whom was referred the memorial and petition of Capt. F. Paschke of the 11th. Jany., 1784, beg leave to report--
It appears to your committee that Capt. F. Paschke served as an officer in Count Pulaski's legion from 14 March, 1777, until the reduction of that corps the 18 May, 1780. That he afterwards held appointments in the Quarter Master's Department, in the Southern Army, until its dissolution, the 13 July, 1783; and that he has obtained produced ample testimonials of his bravery, integrity, capacity and industry in the service of the United States--
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Resolved, That a copy of this report be delivered to Capt. Paschke certified by the secretary.1
[Note 1: 1 This report, in the writing of James Tilton, is in the Papers of the Continental Congress, No. 19, V, folio 37. The indorsement states that it was read on this day, and on January 21, 1784, recommitted to Mr. [James] Tilton, Mr. [Arthur] Lee and Mr. [David] Howell. The following note is added: January 23d, the papers inclosed in the within petition were this day delivered to Capt. Paschke. See post, January 22.]
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