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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, JUNE 1, 1784.
Congress assembled: Present, eleven states as before.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Roger] Sherman, in the words following:
Whereas the president is authorised and directed to adjourn Congress on the 3d of June, to meet on the 30th of October next at Trenton, and many important matters require the immediate decision of Congress:
Resolved, That until the adjournment, Congress will meet precisely at nine in the Morning, and adjourn at two in the afternoon; meet again at four, and adjourn at eight o'clock in the Evening.3
[Note 3: 3 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, IV, folio 543.]
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A motion was made by Mr. [Richard Dobbs] Spaight, seconded by Mr. [Jacob] Read, to postpone that Motion, in order to take up the following:
Whereas the president is authorised and directed to adjourn Congress on the 3 of June, to meet on the 30 of October next at Trenton, and many important matters require the immediate decision of Congress:
Resolved, That the act of 26 April, empowering the president to adjourn Congress on the 3d instant, be repealed; and that this Congress will adjourn itself on the 12 instant to meet at Trenton on the 30th October next.1
[Note 1: 1 This resolution, in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress, No. 36, IV, folio 545.]
And on the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Richard Dobbs] Spaight,
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So it passed in the negative.
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On motion of Mr. [Roger] Sherman, seconded by Mr. [Thomas] Stone, the Motion before the house was amended, by striking out the preamble.
And on the question to agree to the motion as amended, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was Resolved, That until the adjournment, Congress will meet precisely at nine in the morning, and adjourn at two in the afternoon; meet again at four, and adjourn at eight o'clock in the evening.
A motion was then made by Mr. [Elbridge] Gerry, seconded by Mr. [George] Partridge,
That the 22 Rule of Congress, be suspended until the adjournment on Thursday next.
A motion was made by Mr. [Ephraim] Paine, seconded by Mr. [Charles] De Witt, to postpone that motion, in order to take up the report of the committee, to whom was referred
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the application of the State of New York, to Congress, for certain arms furnished by the said State for the use of the United States,1 and which report is in the words following:
[Note 1: 1 This motion, in the writing of Ephraim Paine, is in the Papers of the Continental Congress, No. 36, IV, folio 555.]
The Committee [Mr. Edward Hand, Mr. Thomas Stone and Mr. Roger Sherman] to whom were referred concurrent Resolutions of the Senate and Assembly of the State of N. Y dated the 30th and 31st. March and 14th April together with two letters from Governor Clinton dated the 16th April 1784 are of opinion that the Resolutions of the Senate and Assembly of N.Y. passed the 30th and 31st. March in consequence of the recommendation of Congress of the 14th Jany. last and transmitted to Congress by Governor Clinton contain mere matter of information, and that the receipt of these communications should be acknowledged by the President.
"It appears to the committee, by the resolves of the 14th of April, and by governor Clinton's letter, that a number of muskets, bayonets and accoutrements, the property of the corporation of the City of New York, were in the commencement of the war, taken to arm the troops raised in the State of New York; about 1050 of which, it appears by the certificates of Major-General McDougall, have been detained by Major-General Schuyler, who commanded the northern department, for the use of the continent. It also appears by the governor's letter, that two howitzers lent by the State of New York to the United States, have not been returned; and the governor requests, that these muskets, bayonets and accoutrements, with the two howitzers, may be replaced. Your committee are of opinion, that the State of New York has a just claim on the United States for these muskets, bayonets and accoutrements; but as they presume that arms and accoutrements have been furnished by other states to arm the troops of the United States, and it cannot be known whether there is a sufficiency remaining in the public stores, to replace the whole number supplied by
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the several states, until returns of the arms so furnished shall have been made; and as in their opinion, equal justice should be extended to all, they submit the following resolutions:
That the Secretary in the War Office, and the commissary of military and ordnance stores, be, and they are hereby ordered to ascertain and report to Congress, without loss of time, the precise number of muskets, bayonets and accoutrements, which have been furnished by the different states, for the use of the United States, in the course of the late war:
That so soon as Congress shall be informed of the number of arms and accoutrements furnished by the several states, to the United States, the arms and accoutrements so furnished shall be returned in kind and equal value, if a sufficiency for this purpose can be spared from the public stores: and that if a sufficient number cannot be spared, a just proportion of what can be spared, shall be returned to the states respectively, and credit given them for the value of the remainder:
That the commanding officer of the troops in the service of the United States be, and he hereby is directed to deliver to the order of his Excellency the Governor of the State of New York, two howitzers, of equal value with those lent by that State to the United States."1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 20, I, folio 397.]
And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Ephraim] Paine,
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So it passed in the negative.
A motion was then made by Mr. [Ephraim] Paine, seconded by Mr. [Charles] De Witt, to postpone the motion before the house, for the purpose of taking into consideration an act of Congress, containing a rule of order, that when a member makes a motion, and Congress judges it out of order, said motion shall not be entered on the journal.1
[Note 1: 1 This motion, in the writing of Ephraim Paine, is in the Papers of the Continental Congress, No. 36, IV, folio 559.]
On this the previous question was moved by the states of Virginia seconded by and Maryland.
And on the question to agree to the previous question, the yeas and nays being required by Mr. [Samuel] Hardy,
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So it was resolved in the affirmative, and the motion was set aside.
When the main question was about to be put, the State of New York moved in right of the State, that the determination thereof be postponed till to-morrow.
A question of order was moved, whether the motion of New York is in order.
And on the question, is the motion of the State of New York in order? the yeas and nays being required by Mr. [Ephraim] Paine,
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So the question was lost.
On the question to agree to the motion, "That the 22d rule of Congress be suspended, until the adjournment on Thursday next:" the yeas and nays were required by Mr. [Elbridge] Gerry,
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So the question was lost.
A motion was then made by Mr. [Francis] Dana, seconded by Mr. [Elbridge] Gerry,
That the 22d Rule of Congress be suspended until the end of the present session.
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A motion was made by Mr. [Ephriam] Paine, seconded by Mr. [Charles] De Witt, to postpone that motion, in order to take up the following:
"I move that the opinion of the house be taken on the following question, viz. Can a member be out of order for making a motion conformable to some rule of the house?"1
[Note 1: 1 This motion, in the writing of Ephraim Paine, is in the Papers of the Continental Congress, No. 36, IV, folio 547.]
And on the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Ephriam] Paine,
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So it passed in the negative.
On the question to agree to the motion before the house, the yeas and nays being required by Mr. [Ephraim] Paine,
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So it was resolved in the affirmative,
That the 22d rule of Congress be suspended, until the end of the present session.
A motion was then made by Mr. [James] Monroe, seconded by Mr. [David] Howell, which being amended to read as follows:
That General Knox be instructed to order 350 men properly Officered, of the troops now in the service of the United States, to march immediately, to be in readiness to take possession of the Western posts, as soon as evacuated by the troops of his britannic Majesty. That 700 men, officers included, to serve for the term of three years, unless sooner discharged, be raised for the relief of those troops, the protection of the western frontiers, and for guarding the public stores; and that the several states furnish their quotas in the following proportions, viz.
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That General Knox be instructed to make arrangements for the rendezvous of those troops, and report thereon to the committee of the states.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Francis] Dana, to amend the motion by adding, that the states of New Hampshire and Massachusetts be exonerated by the United States from the extra pay of such of the soldiers of their respective lines as may march to the western posts, from the time of their marching until they shall be discharged; reserving to those states their claims to be exonerated from the residue of such extra pay, due since the 3d of November last to such of the troops as have been detained in the continental service from that time, (when the rest of the continental army was disbanded) until the said troops shall be respectively discharged.1
[Note 1: 1 The combined motions of Monroe and Gerry, in the writing of Charles Thomson, are in the Papers of the Continental Congress, No. 36, IV, folio 81.]
A division of the amendment was called for; and on the question to agree to the first part, as far as "reserving," exclusive, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative.
On the question to agree to the second clause, "reserving, &c." to the end, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative.
A motion was then made by Mr. [Ephraim] Paine, seconded by Mr. [Charles] De Witt, to amend further, by inserting, "except Oswego and Niagara," after the words "western posts:"1
[Note 1: 1 This amendment, in the writing of Charles De Witt, is in the Papers of the Continental Congress, No. 36, IV, folio 553.]
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And on the question to agree to this amendment, the yeas and nays being required by Mr. [Ephraim] Paine,
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So it passed in the negative.
FOUR O'CLOCK, P.M.
The president being absent, Congress proceeded to the election of a chairman; and, the ballots being taken, Mr. [Thomas] Stone was elected.
A letter from the Supreme executive Council of Pensylvania, was read, in the words following:
In Council, Philadelphia, May 28, 1784.
Sir, Some days ago an insult was offered by a Frenchman, to Mr. de Marbois, in the Hotel of the Minister of France; and afterwards an assault was made upon him by the same person, in a street of this city. The offender has been arrested by our direction, under a warrant of a judge of the
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supreme court, and is now confined in the common prison, where we have ordered him to be detained. Our respect for Congress induces us to inform them of this affair, and we should have done ourselves the honor of making the communication sooner, but that the criminal was not in confinement till yesterday. We should be much pleased to be favoured with the sentiments of Congress upon this business, being extremely desirous that our proceedings may correspond with their judgment, and to testify our determined resolution, with all our powers, to maintain the dignity of the United States, to preserve the public repose, to assert the law of nations, and to manifest our entire regard for the representatives of the sovereignty of the union. With the most perfect esteem, I have the honor to be, sir, &c.
(Signed) John Dickinson.1
[Note 1: 1 This letter and the motion and vote upon it were also entered in the manuscript Secret Journal, Foreign Affairs.]
His Excellency the President of Congress.
Whereupon, the following was moved by Mr. [Edward] Hand, seconded by Mr. [John] Montgomery, "That Congress highly approve the determined resolution of the supreme executive council of the State of Pensylvania, to maintain the dignity of the United States, to preserve the public repose, to assert the law of nations, and to manifest their entire regard for the representatives of the Sovereignty of the Union, expressed by their letter of the 28th instant.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson, "That the letter with the motion be committed:" And on the question to commit, the yeas and nays being required by Mr. [Edward] Hand,
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So it was resolved in the affirmative.
On motion of Mr. [Charles] De Witt, seconded by Mr. [Elbridge] Gerry,
Whereas on the 25 day of January, 1776, Congress did resolve, that a monument be procured at Paris, or any other place in France, with an inscription, sacred to the Memory of General Montgomery; which, in consequence thereof, was procured and sent to the care of Mr. Hewes, in North Carolina, and is now supposed to be in the care of his executors:
Resolved, That the executors of Joseph Hewes, esq. be requested to send the said monument by the first opportunity toin New York [or the person in whose hands the Monument is, be requested to deliver the same to the order of the Superintendant of finance, to be transported to the City of New York,] to be erected in such part of the State of New York, as the legislature thereof
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may judge proper; and that the expence accruing thereon, be paid by the United States of America.1
[Note 1: 1 This report, in the writing of Charles De Witt, except the part in brackets, which is in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, II, folio 403.]
The President having requested the decision of Congress in the following question,
Is it expedient that the President should continue in Office during the recess of Congress?
On motion of Mr. [James] McHenry, seconded by Mr. [Edward] Hand,
Resolved, That it is the sense of Congress, that on the adjournment of the present Congress, the duties of their President cease; and that when the United States assemble pursuant to such adjournment, or in consequence of a call from the Committee of the states, his Excellency Thomas Mifflin, do resume the chair.
On the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Edward] Hand and Mr. [Roger] Sherman, to whom was referred a letter from the paymaster general,
Resolved, That the Supreme executive of the State of Virginia, be requested to instruct their auditors, to furnish the officer who is appointed to settle the accounts of the line of the army, with such accounts or extracts from the settlements they have made with the line of that State, as may be necessary to enable him finally to close the accounts of those officers with the United States.
That in settling the accounts of the line of the army, the paymaster general be, and he hereby is authorised to settle with the commissioned officers on their oath, and with noncommissioned officers and privates, on a certificate from the field officer who commanded them, in cases where, from capture, or other inevitable disasters, the musters or vouchers
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have been lost, and where from circumstances he shall be convinced that other satisfactory and more regular evidence is not to be obtained.
That in settling the accounts of the deputy-paymasters in the main and southern armies, who are appointed in pursuance of the act of the 8th of April, 1782, they be allowed at the rate of seventy-five dollars per month, while they were in service, including such advances as have been made under the head of subsistence, or otherwise.
That Hezekiah Witmore's account be credited for the sum of eight hundred and seventy-three dollars, on his making oath that such a sum of the public money has been lost, as stated in his memorial.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 1,9 V, folio 1852.]
On the report of a grand committee, consisting of Mr. [Thomas] Stone, Mr. [Jonathan] Blanchard, Mr. [Elbridge] Gerry, Mr. [David] Howell, Mr. [Roger] Sherman, Mr. [Charles] De Witt, Mr. [Samuel] Dick, Mr. [Edward] Hand, Mr. [Samuel] Hardy, Mr. [Hugh] Williamson and Mr. [Jacob] Read:
Resolved, That the several states shall be credited in their accounts with the United States, for the specie value of all sums by them paid to their officers and soldiers in the continental army, due from the United States; provided such payments shall have been notified to the paymaster general, and by him charged to such officers and soldiers, in settling their accounts with the United States; and said states shall be allowed interest on the sums so paid, from the time of payment.
That the Superintendant of Finance be directed 2 to render to Congress a particular statement of the articles comprised under the head of contingencies, in his accounts already
[Note 2: 2 From this point the entries in the Journal are by Benjamin Bankson.]
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rendered: and that when the said statement, and also his accounts shewing the expenditure of 2,486,511.71, of the 8 millions of dollars, required by a resolve of the 30th of October, 1781, shall be rendered, the Committee of the States shall transmit a copy of the said statement, and also of such expenditures, specifying contingencies, to any State whose delegates may require the same.
That 190,000 dollars, and 687,828 dollars, contained in the estimate of the 18th of April, 1783, being comprised in the requisition of the present years under the article of interest of the domestic debt, to the 31st of December, 1782, are, when paid agreeably to the said requisition, to be deducted from the estimate first mentioned.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, except the first paragraph, which is in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 20, I, folio 163.]
On a report of the same committee, to whom was referred a motion of Mr. [Elbridge] Gerry, relative to contractors for ox teams and conductors, in the State of Massachusetts:
That ox team and conductors were contracted for in consequence of orders from the Quarter Master General for the Campaign of 1781 under an assurance that the persons constructing to furnish such teams and conductors would be paid in specie or other money equivalent, the contract for the hire of these teams being made before and the service performed after the appointment of the Superintendent to Finance, he did not think it proper to apply the money which came into the Treasury after his appointment to the discharge of the sums due to the contractors for these teams.
That application has been made to the State of Massachusetts by the Contractors, but the State has refused to pay them unless authorised to deduct the money paid out of the requisitions made by Congress; and that the money
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due upon all past requisitions, and also what will be due upon the requisition for the current year, is appropriated and cannot be applied to the payment of this claim;
Resolved, That the superintendent of finance be, and he hereby is directed forthwith to give orders for ascertaining the sums due to the contractors in the Commonwealth of Massachusetts, for ox teams and conductors employed in the campaign of 1781; and to draw for payment thereof on the said State; which is hereby authorised to charge such sums with interest from the time of advancing the same, as part of the state's quota which may be made for the year 1785.1
[Note 1: 1 This report, in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 22, folio 191. Here Charles Thomson resumes the entries in the Journal.]
The committee of the week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Read] having duly considered a letter from John Ross praying congress to come to a determination on his claims against the United States, beg leave to report, that the report of a Committee thereon delivered in to Congress May 2, 1783, be the order of the day for to-morrow.2
[Note 2: 2 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 32, folio 571. The indorsement states that it was read on this day.]
The committee of the week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Read] report, that the memorial of Capn Samuel Deany praying to be employed on the Lakes be filed for the further order of Congress.3
[Note 3: 3 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 41, II, folio 512. It is endorsed on the memorial. The memorial is on folio 509. It was presented on this or an approximate date.]
The Committee of the Week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Read] report that the petition of Captain Von Heer be read in Congress.4
[Note 4: 4 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 42, VIII, folio 62. It was presented on this or an approximate date. Von Heer's petition is on folio 59.]
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The committee of the week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Read] to whom were referred the petition of Bartholomew Von Heer late a captain in the service of the U.S., having considered the same and the documents communicated therewith, beg leave to submit the following resolve
Resolved, That the instructions of the 22 January last to the superintendant of finance in favor of certain foreign officers be considered by him as extending to Bartholomew Von Heer, late a captain in the service of the U.S. of America.1
[Note 1: 1 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 42, VIII, folio 69. The indorsement states that it was read this day.]
The Committee of the Week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Read] report that the business within referred to, is put into a proper channel already, being matter of demand for supplies and that this application lay on the files of Congress.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 78, VI, folio 238. Apparently it was presented about this time. The business was a petition of Thomas Chase, late Deputy Quartermaster General, dated April 14 and prays for reimbursement for money advanced to medicines for the army. It is on folio 235.
On this day, as the indorsement states, was read a letter of May 26 from the Superintendent of Finance and referred to Mr. [Samuel] Hardy, Mr. [Hugh] Williamson and Mr. [James] McHenry. The indorsement further refers to the report of the Board of Treasury June 13, 1785. It is in No. 137, III, folio 651.]
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