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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, APRIL 13, 1784.
Congress assembled: Present: New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina.
Congress took into consideration the report of a committee, consisting of Mr. [Arthur] Lee, Mr. [David] Howell and Mr. [Hugh] Williamson, to whom was re-committed their report on a letter of 24 March, from Major-General Baron Steuben, together with the report of a committee respecting him, entered on the journal of the 30 December, 1782, and the first resolution reported by the committee being amended to read as follows:
"That the resignation of Baron Steuben, late inspector general and major general, be accepted: and that the Superintendant of finance take order for paying him thirteen thousand dollars, as a compensation for the sacrifices he made when he entered the service of the United States, exclusive of all sums due to him as an officer in the service of the United States."
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A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Jacob] Read, to postpone the consideration of the said resolution, in order to take up the following:
Whereas Major-General Baron Steuben, at the instance of the friends of America, and with the advice and concurrence of the Ministers of the United States in France, did, in the latter end of the year 1777, come over to America, and producing the most honorable testimonials of his military rank and abilities, did profer his services to Congress, declaring at the same time that he would not make any previous stipulations for a reward, but would leave it to be determined by Congress after they should have proofs and experience of his merit and services. And whereas the abilities and zeal of that meritorious officer, in the department of inspector general, have been the principal cause of introducing and perfecting discipline in our army, and establishing such a system of economy as produced an extraordinary reduction of expences:
Resolved, That the Superintendant of finance be directed to issue securities bearing an annual interest of six per cent. and payable as other debts due to the army, to the said Major-General Baron Steuben, to the amount of 45 thousand dollars, in full of all sums due to him for pay, arrearages of pay, rations, subsistence, half pay or commutation, and of all other demands for services and sacrifices in the cause of the United States.
That the Superintendant of finance be directed to advance in specie to the said Baron Steuben, the sum ofin part payment of the preceding resolve: 1 And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [David] Howell,
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, V, folio 515.]
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So the question was lost.
The Superintendant of Finance to whom was referred the Memorial of William Ruer begs leave to report.
That although he cannot assent to all the matters stated in the said memorial he believes there is sufficient ground for the complaint of the memorialist.
That a similar complaint is made by the contractors for supplying the moving army during the same period.
That the officers of the Treasury neither are nor ought to be vested with authority in such cases.
That redress can only be given by the United States in Congress assembled. That where contracts entered into with individuals have not been fulfilled on the part of the public justice undoubtedly requires that compensation be made, and that enquiries of this sort by Congress, or by Committees of Congress would be attended with trouble, expense and delay besides that Congress would be in some respects judges in their own cause.
Wherefore the following resolution is submitted.
Whereas it hath been alledged that certain contracts entered into for supplying the army with rations have not been punctually complied with on the part of the United States, and whereas it is just
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that adequate compensation be made to the parties for any injuries or damages by them sustained in consequence of such non compliance.
Resolved, That the Superintendant of Finance of the United States be and he hereby is authorized and empowered to agree with the parties making complaint of such injury to submit the same to the arbitrament of persons indifferently chosen by the said Superintendant and by such parties so complaining as aforesaid.
All which is humbly submitted.
Robt. Morris.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, III, folio 789. The indorsement states that it was read on this day.]
Office Of Finance
8th April 1784.1
[Report of Mr. Richard Peters, Mr. Hugh Williamson and Mr. Abraham Clark.]
That the memorial of Lieutenant Andrew Lytle and the papers accompanying the same be referred to the Superintendant of Finance to report.2
[Note 2: 2 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 42, IV, folio 345. The indorsement indicates that it was read on this day. See ante, October 4, 1783.
On this day, as the indorsement states, was read a letter of April 2 from D. Humphrys. It is in No. 78, XII, folio 303.
Also, a letter of April 3 from the Superintendent of Finance. It is in No. 137, III, folio 487.
Also, a letter of April 10 from Joseph Carleton, Secretary in the War Office. It appears, from the indorsement, to have been referred to Mr. [James] McHenry, Mr. [Samuel] Dick, Mr. [Hugh] Williamson, Mr. [Samuel] Holten and Mr. [Joseph] Gardner, but later the reference was struck out. It is in No. 151, folio 25.
Also, a letter of March 28 from Nathanael Greene. It is in No. 155, II, folio 698.]
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