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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 20, 1784.
Congress assembled: Present as yesterday.
Congress resumed the consideration of the report of the committee on a temporary government of the western territory, and the following clause being under debate, viz. That they shall be subject to the government of the United States in Congress assembled, and to the articles of Confederation in all those cases in which the original States shall be so subject.
A motion was made by Mr. [Roger] Sherman, seconded by Mr. [William] Ellery, to strike out the words, "to the government of the United States in Congress assembled, and,"
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And on the question, shall the words moved to be struck out stand the yeas and nays being required by Mr. [William] Ellery.
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So the question was lost and the words were struck out.
In the clause, "provided the temporary and permanent governments be established on these principles, &c. a motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Jacob] Read, to strike out the words, "temporary and:" And on the question, shall those words stand the yeas and nays being required by Mr. [Hugh] Williamson,
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So it was resolved in the affirmative.
In the following clause, "That their respective governments shall be republican, and shall admit no person to be a citizen who holds any hereditary title."
A motion was made by Mr. [Edward] Hand, seconded by Mr. [Jacob] Read, to strike out the words, "and shall admit no person to be a citizen who holds any hereditary title:" And on the question, shall those words stand the yeas and nays being required by Mr. [David] Howell,
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So the question was lost and the words were struck out.
In the following clause, "provided nine states agree to such admission, according to the reservation of the eleventh of the articles of Confederation;"
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [George] Partridge, to strike out the words, "nine States agree to," and the words, "the reservation of the eleventh of," and after "admission," to insert the word "be," so that it read, Provided such admission be according to the articles of Confederation: And on the question to agree to this amendment, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question was lost.
A motion was then made by Mr. [Hugh] Williamson, seconded by Mr. [Elbridge] Gerry, to strike out the words, "nine states agree," and in lieu thereof insert "the consent of so many states in Congress is first obtained as may at the
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time be competent," and then strike out what follows "admission:" And on the question to agree to this amendment, the yeas and nays being required by Mr. [Hugh] Williamson,
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So it was resolved in the affirmative.
The Committee consisting of [Mr. John Beatty, Mr. Edward Hand and Mr. William Ellery] to whom was referred a letter from the Superintendant of Finance of the 8th. April enclosing a Memorial of Valentine Eckart and a letter from Jonth. Burrel on the subject of it, report.
It appears to your Committee from the letter of the Commissioner. That in the adjustment of Mr. Eckarts accounts he has pursued the mode by him adopted and practised in all other cases, which have come within his Department, that in having liquidated the balance due to Mr. Eckarts agreeably to the scale of the State of Penns. he has acted conformably to the rules established in other public offices which ought not in this instance to be departed from. That if any the person has suffered by injustice has arisen in these contracts made by Mr. Eckarts it must be the Individual who furnished the supplies and not the officer who bought them whereupon Resolved.
That the request contained in said memorial cannot be granted.
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Resolved, That for the future, the Commissioner in liquidating the accounts of his department adopt the scale of the State, in which the business was transacted; as the measure of depreciation as well in ballances due from, as to the U. S.1
[Note 1: 1 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, II, folio 195. The indorsement states that it was delivered and read this day. Eckert's memorial is in No. 41, III, folio 125. The letter of the Superintendent of Finance is in No. 137, III, folio 495.]
[Motion of Mr. David Howell respecting Weiss, April 20, 1784. Referred to Mr. David Howell, Mr Edward Hand, Mr. William Ellery.]
As it appears to Congress that John Weis enlisted in the spring of 1777 Drum Major to the 1st. Rhode Island Regiment commanded by Colonel Christopher Greene--that on the 1st. of October following he was appointed Provost Marshal to part of the army then lying on the Hudson by the orders of General Putnam--that after the junction of the main army with that under the command of General Gates at the White Plains in 1778 he continued to serve with fidelity as Provost Marshall to the whole army until March 1780 when he resigned, and that he has received depreciation in his wages only to the 1st. of October, 1777
Resolved, That it be recommended to the State of Rhode Island and Providence Plantations, to make good the depreciation on the pay of John Weis sometime Drum Major in the 1st. Rhode Island Regiment and afterwards Provost Marshall to the army from the 1st. of October 1777 to the 1st. March 1780, and charge the same to the U. States.2
[Note 2: 2 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, VI, folio 517.]
[Mr James McHenry's Motion respecting Invalids]
That it be recommended to the several states to make provision in the manner following for such of their citizens as served in their respective lines in the Army of the U. S. in the Navy of the U. S. or in the militia in the service of the U. S. and have been disabled by wounds or otherwise so as to be have been rendered incapable of military service or of obtaining a livelihood.
That all invalids of the aforesaid description and capable of garrison duty may be formed into corps by the State of which they are citizens, and employed by said State in securing the police of
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its towns or cities, in guarding military stores or prisons or in the repair of the public roads.
That no officer, soldier or seamen be considered as an invalid or entitled to pay unless he can produce a certificate or document from the commanding officer or the surgeon of the regiment company or corps or Surgeon of the regiment or corps in which he served, or from a physician or surgeon of a military hospital or other good and sufficient Testimony setting forth his discharge or inability and that he was thus disable while in the public service.
That each State institute a mode of ascertaining whether the person producing a document or certificate setting forth that he is an Invalid be such in fact and if such really one, and if one to what pay entitled: and thereupon the persons appointed to make such enquiry shall make out for him or them a certificate shall give a Certificate to the Invalid and transmit a counterpart of same to the Person who shall to the person or persons to be appointed by the State to receive and record the same; and when it appears by said inquisition that a certificate has been obtained by any invalid and lost, that in this case the said persons are authorised to make out a certificate and to sign the same.
That where invalids shall be formed into corps there be quarterly returns (comprehending age, wound or disability, regiment, corps or ship to which they belonged) made out and signed by their commanding officer, and transmitted as aforesaid, that their pay may be ordered agreeably to said return.
That all invalids as well those formed into corps as these who are not, shall annually apply themselves to a magistrate of the county where they reside or are stationed, and make the following affadavit, viz.
Came before me one of the justices for the County ofand made oath that he was examined byappointed by the state or commonwealth for that purpose--obtained a certificate--or had his certificate examined and countersigned--setting forth that he had served inreceived a wound inor was disabled by,and that he;now lives in thecounty of
That the affadavit drawn according to the above form, and dated and attested by a magistrate be sent by said magistrate to the person or persons appointed by the State to received and record the same; and that counterparts of said affadavits be preserved by the invalids
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to be exhibited to such persons as shall be appointed by the State to pay them.
That a general return of the number of invalids organized into corps or otherwise, comprehending age, wound regiment &c. be made out within one year after the State shall pass a law for the aforesaid purposes and be transmitted to the superintendant of finance, or other person appointed by Congress to receive the same.
That in no case whatever shall any State allow to its invalids a sum exceeding full pay, nor shall grant full pay except in cases of extreme inability.
[That no Officer who has accepted his Commutation for half Pay shall be permitted to come on the List of Invalids unless he shall first return his Commutation.
That no private soldier or non Commissioned officer shall in any Case be allowed more than five Dollrs. pr. month no shall any commissioned Officer be allowed more than the half Pay of his former whole Pay.]
That each State shall have credit in its yearly payments to the U. S. for such sum or sums as may be yearly advanced.1
[Note 1: 1 This motion, in the writing of James McHenry, except the paragraph in brackets, which is in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 22, folio 245. The indorsement states that it was referred on this day to Mr. [James] McHenry, Mr. [Samuel] Dick and Mr. [Hugh] Williamson. See post, June 7, 1785.
On this day, as the indorsement indicates, was read a letter of April 16, 1784 from Thomas Hutchins. It is in No. 60, folio 173.
Also, a letter of April 13 from the Superintendent of Finance, which was referred to Mr. [Hugh] Williamson, Mr. [Jacob] Read and Mr. [John Francis] Mercer. It is in No. 137, III, folio 507. Committee Book, No. 186, says the committee reported May 5.]
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