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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, MAY 27, 1784.
Congress assembled: Present, as yesterday.
On the question to agree to the amendment, the determination of which was yesterday postponed by the State of New York,
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So the question was lost.
Two reports being called for, both of which were orders of the day, and the title of the first called for, being read, viz. "Ordinance for putting the department of finance into Commission:"
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And on the question, shall this be taken into consideration the yeas and nays being required by Mr. [David] Howell. The said ordinance being in the words following:
"Be it ordained by the United States in Congress assembled, that a board consisting of three Commissioners, to be appointed by Congress, be instituted to superintend the treasury and manage the finances of the United States, which shall be stiled, The Board of treasury. That the said Commissioners, or any two of them, shall have authority to exercise all the powers vested in the Superintendant of finance, by the act of Congress of the 7 February, 1781, or by any subsequent acts.
That the said Board shall have authority to provide a convenient Office, and employ as many clerks therein as they shall find necessary.1 That the said Commissioners and clerks, previous to entering on the duties of their several Offices, shall take and subscribe the oath of fidelity to the United States, and also au oath to the due execution of the duties of their offices; certificates of which several oaths shall be filed with the Secretary of the United States in Congress assembled.2 That all the books and papers pertaining to the Office of finance, shall be lodged in the Office of the said Board of Treasury. That when the said Board shall be formed and ready to proceed to business, the Office of Superintendant of finance shall be discontinued.3 That each of said Commissioners shall be allowed an annual salary of dollars, and each clerk employed in said office shall receive such salary as
[Note 1: 1 This paragraph was amended on the report by adding the words: "reporting their names and appointments, from time to time, to Congress, or to a Committee of the States in the recess of Congress."]
[Note 2: 2 A copy of this clause on a separate slip is on folio 253 1.]
[Note 3: 3 n place of this clause, the following, in the writing of Edward Hand, was offered by Mr. [Edward] Hand, seconded by Mr. [John] Montgomery: "That so soon as the S[uper]I[ntendant of] F[inance] shall have resigned, or the said office shall have been discontinued by Congress or a Committee of the States, the said Board being formed, shall proceed to business." This was rejected, and the following, in the writing of Elbridge Gerry, was offered by Elbridge Gerry and seconded by Francis Dana: "That on the lst of September 10th of November next, or sooner if the Superintendant of Finance, agreable to his letter of the 6th of May instant expectations, shall quit the office, the said Board being formed, shall proceed to business," These amendments are pasted on the report.]
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the said Board shall allow, not exceeding five hundred dollars per annum: the said salaries to commence at the time that the said officers shall enter on the duties of their Office. That no person to be appointed by virtue of this Ordinance, a commissioner of the treasury of the United States, shall be permitted to be engaged either directly or indirectly in any trade or commerce whatsoever, on pain of forfeiting his Office as a Commissioner, and being forever thereafter rendered incapable of serving the United States in any office civil or military."1
[Note 1: 1 This draft of the Ordinance, as a part of the report of the Grand Committee in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 31, folio 247. A copy of the last clause, on a separate slip, is on 2532. Another draft of the Ordinance, in the writing of Roger Sherman, is on folio 251.
Upon motion of James Monroe, seconded by Elbridge Gerry, the following clause, in the writing of James Monroe, was added: "That the said commission shall continue in force for three years, unless sooner revoked by the United Stages in Congress assembled." This amendment was pasted on the report.]
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So the question was lost.
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The following copy of a draft of the Ordinance, in the writing of Roger Alden of the Secretary's office, except the last paragraph, which is in the writing of David Howell, is in No. 26, folio 487:
An Ordinance for the Regulation of the Department of the Treasury.
Be it ordained by the United States in Congress assembled, that a board consisting of three Commissioners to be appointed by Congress be instituted to superintend the Treasury and manage the Finances of the United States which shall be styled the Board of Treasury, which Commission shall continue in force for a term not exceeding three years.
That the said Board shall have authority to provide a convenient office in which shall be placed and kept all the papers ofto employ as many Clerks therein as they shall find necessary with such salaries to each as the said Board may determine, not exceeding 500 Dollars per annum. The several names of such Clerks, and their appointments from time to time to be reported to Congress.
That all the powers duties and authority to be vested in the said Board or exercised by them are hereby declared to be vested in and to be capable of being exercised by any two of the said Board.
That each of the said Commissioners previous to entering on the business of their appointments shall give bonds to the United States of America with two or more sureties for the faithful execution of the trusts reposed in them. The principals each in the sum of 100,000 Dollars, and the sureties in one or more bonds to the like amount, which bonds shall be registered and lodged in the office of the Secretary of Congress. Provided that such bonds shall extend only to compel each of the said Commissioners to the faithful performance of the trust reposed in him, without making him answerable for such acts of the Board or of his associates as he did not consent to or acquiesce in.
That for the more effectual execution of the business of the Treasury Department, there shall also be appointed by Congress a Comptroller, a Treasurer, and a Register, with the powers and duties hereafter to be mentioned.
The Board of Treasury shall examine into the state of the public debts, the expenditures and the public Revenues.
They shall digest and report plans for the collection of taxes to supply the common Treasury, and for establishing order and oeconomy in the expenditure of the public money.
They shall direct the execution of all plans and resolves of Congress respecting revenue and expenditure.
They shall superintend the settlement of public accounts and give such instructions to the Commissioners of accounts from time to time as they may judge necessary, previously reporting the same to Congress.
They shall be authorized agreeably to the Laws of the several States, to compel the payment of all monies due to the United States, to prosecute in behalf of the United States for all delinquencies respecting the public revenues and expenditures and to appoint by letters of attorney or otherwise such person or persons as they may think proper to prosecute or defend for them in their official capacity or on behalf of the United States in all places where the same may be necessary.
They shall take under their care and management all loans or other monies obtained in Europe or elsewhere for the use of the United States, as well as those
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raised on annual requisitions and direct the application of the same agreeably to the several appropriations of Congress.
They shall be authorised to correspond with the several States, and with the several Foreign Ministers of the United States on subjects relating to their Department.
They shall draw warrants quarterly on the Treasurer in favour of all persons employed under Congress in the Civil Department for one [4th page, 3d par:] fourth part of their respective salaries or allowances.
They shall report to Congress on the last day of June, and on the last day of Decr. annually a particular account of all monies borrowed or bills emitted, and of all the receipts and expenditures of public money during [4th page, 4th par:] the preceding half year--at which periods they shall also settle their public accounts with the United States.
No Commissioner of the said Board shall be permitted to be engaged directly or indirectly in any trade or commerce whatsoever, on pain of forfeiting his office as Commissioner.
The Comptroller shall be appointed by Congress with general authority to inspect and controul the settlement of public accounts.
He shall take care that the public accounts are expeditiously and properly adjusted, and accurately and safely kept. He shall direct a general form in which all the public accounts shall be stated and rendered.
He shall take care that the ballances of public monies are punctually deposited in the hands of the Treasurer.
He shall commit every account to such Clerk for examination as he shall judge most proper for that purpose, naming also the auditor to whom the Clerk shall transmit it.
He shall hear and determine all appeals that may be made to him from the Judgement of any of the Auditors on any article of accounts by any person who may conceive himself injured thereby and make such appeal within fourteen days. In all which cases he shall openly and publickly hear the parties and his decision shall be final.
He shall transmit all accounts after they are finally adjusted to the Register to be entered on record, and he shall transmit a note of the ballance to the Board of Treasury that a warrant may be made out for payment.
The Treasurer shall be appointed by Congress; previous to entering on the duties of his office, he shall give bonds to the United States of America for the faithful execution of the trust reposed in him in the sum ofwith two sureties each in the sum ofwhich bonds shall be registered and lodged in the office of the Board of Treasury.
He shall receive and keep all monies of the United States and issue them only on warrants drawn by the President of Congress or the Board of Treasury.
The Register shall be appointed by Congress. He shall keep all the public accounts beth of receipts and expenditures, and every warrant of the Treasury on others shall be entered and countersigned by the Register before it shall be paid.
He shall appoint the Clerk or Clerks necessary to assist [6th page, last par:] him in his office, who shall receive a salary of dollars per annum.
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The Auditors, the number of whom shall be ascertained by the Board of Treasury, shall be appointed by Congress. After an account shall have been examined by the Clerk in the manner hereinafter mentioned, it shall be delivered to the Auditor, who shall hear the party and the clerk and determine upon the objections, and being satisfied that the account is properly adjusted shall pass it as audited and transmit it to the Comptroller.
The Clerks, the number of whom shall be regulated by the Board of Treasury, shall be appointed by the Comptroller. It shall be their duty respectively to examine all accounts which shall be committed to them by the Comptroller, to correct all errors and to note in writing what may appear exceptionable either as to the propriety of the charge or the validity of the vouchers and transmit the accounts with his remarks to the Auditor; and the party for himself and the clerk on behalf of the public shall be heard before the Auditor.
That the several officers named in this ordinance shall respectively take and subscribe before the Secry. of Congress, or any one of the Judges of the Supreme Court in the State where Congress may have been last in Session the oaths of fidelity and of office prescribed in an ordinance passed on theday ofin the year
That each of the Commissioners constituting the Board of Treasury be allowed an annual salary of 2,500 Dollars in full compensation for all their services.
That the Comptroller be allowed a salary of 1,850 Dollars annually.
That the salary of the Treasurer be 1,500 Dollars per annum.
[8th page.] That the salary of the Register be 1,200 Dollars per annum.
That the salary of each Auditor be at the rate of 1,000 Dollars per annum.
That the salary of each Clerk to be appointed by the Comptroller to be dollars per annum.
And that all former ordinances, acts and resolves for the regulation of the Department of the Treasury, or of the conduct of the officers named in this ordinance be and they are hereby repealed and made void.
[The following "Observations," in the writing of Charles Pettit, are in No. 26, folio 483. They are indorsed by Robert Alden: "1785."]
Some Observations on the draught of an Ordinance for the regulation of the Department of the Treasury.
It is presumed to be the intention of Congress that all the Powers lately vested in the Superintendant of Finance should be and continue vested in the Commissioners of the Treasury or any two of them. Whether the draught under consideration is sufficient for that purpose, is at least doubtful; but I have not sufficiently examined and considered the former ordinances and Resolutions by which the powers were given to be at present able to particularize the variances.
Some observations occur on the face of the draft itself. 4th Page 3 Par: Draw warrants quarterly &c. for one fourth part &c. Is it not incident to the office, under the general powers given to draw warrants for salaries? If not it may be necessary to particularize all the cases in which they may draw warrants.
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4th Page 4 Par: Shall settle their public accounts with the U. S. What are their public accounts? Would it not be better to say all the accounts of the Treasury Department &c.
6th Page last par: Register to appoint Clerk or Clerks who shall receive a salary ofDollars per annum. Would it not be better to say a salary not exceedingDollars per annum.
8th Page. Salary of the Register 1200 Dols per Annum. Is not this too low, considered either abstractedly, or on a comparison with that of the Comptroller which is 1850.
Comptroller's Clerks to have a salary ofDols. each. The like observation arises here as on the Clerks of the Register. But with respect to Clerks in all the offices--It would perhaps be best to leave it to the heads of those offices, who have the appointment of the Clerks, to make their bargain as they shall think proper, so as to reward such clerks according to their respective merit, not exceeding a certain sum in any case; but there may be clerks employed who may not be entitled to the outside sum.
With respect to the Treasury Board itself, and the arrangement of their particular office, it seems rather too close a restriction to admit them one or two common clerks only. Each member of the Board should give equal attention to every matter before them, that any one must; they cannot therefore be properly employed in such business as would be proper for a secretary or clerk; and such business may frequently arise as may require talents superior to such as are usually found in a Common Clerk. It may therefore be proper that they should have a confidential officer in Character of a Secretary, as well to arrange and have the custody of the papers of the office, as to be a head or superintending Clerk. Such an officer has been usual in the Treasury under the various Administrations it has experienced from the first institution of the office. Various contingent expenses are incident to this office. Would it not be better to limit the sum to be allowed for the pay of a Secretary, Clerks, office rent, fuel and other contingencies, and leave it to the Board to make their arrangements as they think best from time to time, so however as not to exceed the sum limited and to be accountable for such sums as they do expend. By an estimate the annual sum of 4200 Dollars may be sufficient for these purposes.
The report of the committee, consisting of Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Roger] Sherman, on the powers of the Committee of the States in the recess of Congress, which was the second called for, was then taken up, and the following clause being under debate:
"That a chairman to be chosen by the committee shall preside."
A motion was made by Mr. [David] Howell, seconded by Mr. [Elbridge] Gerry, to insert the word "monthly," after
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"chosen:" And on the question to agree to that amendment, the yeas and nays being required by Mr. [James] Wadsworth,
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So the question was lost.
After further debate,
Ordered, That the further consideration of the report be postponed till Saturday next.
Ordered, That Saturday next be assigned for appointing a committee of the states to sit in the recess of Congress.
The Committee consisting of Mr [Elbridge] Gerry, Mr [Hugh] Williamson, Mr [Jeremiah Townley] Chase, Mr [Arthur] Lee, and Mr [James] Monroe, appointed to repair to the Lower Falls of Potomac, to view the situation of the country in the vicinity of the same and report a proper district for carrying into effect a resolution of the 21st. of October last respecting a foederal town, submit the following report.
That on the 20th Instant the Committee proceeded on the business mentioned, having been prevented during the winter by the inclemency thereof and afterwards by the sense of Congress.
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On the 21st. the Committee arrived at George Town and viewed the Banks of the River from that place to the lower Falls on the Maryland side, and on the 22[nd. crossing to the Virginia side, they viewed the banks as far up the River as McClouds Ferry 4 or 5 miles above the lower falls, recrossed the River and returned to Georgetown on the Maryland side.
The trees being leaved prevented the Committee from a good view of the Banks on either side; but from the best observation they could make, there did not appear to be a district suitable for a foederal town between Georgetown and the Ferry on either side of the Potomac. The banks and neighboring territory being much broken and unsuitable for the purpose.
The Committee being thus disappointed in their expectations, upon inquiry, were informed that above the upper Falls, the banks were level and afforded pleasant prospects; but they were not authorized to view them.
At George Town, however, a little to the northward of the buildings is a rising ground somewhat broken; but pleasantly situated, and commanding good water as well as other prospects. At Funks Town about a mile and a half on the River below Georgetown, there is also a District which commands fine prospects. Some part of it is low, but the residue is high and pleasant. The committee have ordered a plan of each of those Districts to be taken and transmitted to Congress, and agreeable to their engagement with the surveyor beg leave to submit the following resolve,
That the Committee of the States be authorized and directed to pay to --, the surveyor at Georgetown his reasonable demands for attending the Committee who surveyed the Potomac for a foederal town, and for taking the plans ordered by the said Committee.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 23, folio 193. According to the indorsement it was read this day. The indorsement also says: "See survey with plans in iron chest." The survey and plans are not among the Papers of the Continental Congress.
On this day, according to the indorsement, was read a memorial of Robert Patton. It is in No. 41, VIII, folio 124.
Also, a petition of Benjamin Bird, which was ordered to be filed. It is in No. 42, I, folio 314.
Also, a petition of Florat de Florimont. It is in No. 42, III, folio 107.]
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