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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 --MONDAY, MAY 17, 1784.
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina.
Mr. Hugh Williamson, and Mr. Richard Dobbs Spaight, delegates for the State of North Carolina, produced credentials under the great seal of the State, dated the 24 day of April, 1784; by which it appears, that they are appointed to represent the said State for one year, to commence from the thirteenth day of this present month, May.
State of North Carolina
To Hugh Williamson and Richard Dobbs Spaight Esquires
Greeting:
We reposing especial trust and confidence in your fidelity and abilities do by these presents nominate, constitute and appoint you the said Hugh Williamson and Richard Dobbs Spaight to be delegates to represent us one Year in the honorable the Congress of the United States of America, to commence from the thirteenth day of May next, being elected for this purpose by joint ballot of both houses of our general assembly now sitting at Hillsborough. You are hereby invested with all the powers & authorities which Delegates have a right to exercise, conforming to such instructions you may receive from our General Assembly: having, holding & enjoying all the profits & emoluments which to your Delegation belong, or of right appertain.
In Testimony whereof we have caused these our Letters to be made patent. Witness Alexander Martin Esquire our Governor Captain General and commander in chief under his hand & our great Seal hereunto affixed at Hillsborough the 24 Day of april 1784, and eighth Year of our Independence.
Alex: Martin
(With the great seal appendant)1
[Note 1: 1 The original is in the Papers of the Continental Congress, North Carolina, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
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On motion of the delegates of Pennsylvania,
Ordered, That the Secretary transmit to the supreme executive council of the State of Pensylvania, all the papers relative to the case of Henry Carbery, which are on the files of Congress; and that the Secretary in the War Office deliver to the said Executive, such papers relative to the said Henry Carbery, as are in his possession.1
[Note 1: 1 Schedule of the papers sent is in No. 38, folio 229.]
On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Thomas] Jefferson and Mr. [Hugh] Williamson, to whom was referred a letter of 21 of April, from the honble the Minister plenipotentiary of France,
Resolved, That the following answer be returned:
Sir,--The United States in Congress assembled, are informed by the letter which you were pleased to address to them the 21 of April, that having the last year requested of his Majesty, leave to return to France, you learn it has been granted, but that the official letter of the Minister being lost, you expect a duplicate which will probably arrive in the Recess of Congress.
It is with great concern, Sir, that Congress receive this information, as it respects a Minister for whom they entertain the most perfect esteem.
From the time of your arrival in America, to the signing of the provisional treaty, the conduct of the war has been attended with numerous difficulties and perils, to surmount which, the joint efforts of the United States and of their great and good Ally have been necessary.
Congress consider it as a fortunate circumstance, that during that period, the affairs of his Most Christian Majesty, in this quarter, have been under the direction of an able and faithful Minister, whose anxiety to promote the views and essential interests of his Sovereign, has been ever attended with a laudable endeavour to reconcile them to those of his faithful allies. Without such a principle disposition it is evident, there could not have existed a concert of those measures which, by the Smiles of Providence, have brought to a happy hastened the conclusion of the late distressing and ruinous scenes of war.
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Whilst you have on all occasions been ready to afford your support to the plans of Congress for promoting peace, they acknowledge with pleasure that your official conduct has ever been wise for the attainment of that desirable object.
The abilities of the Gentleman, who, as you are informed, is to be charged with the affairs of your department, and his thorough knowledge of the principles on which the alliance was founded, will, we doubt not, conspire to produce, on his part, such measures as will best promote the mutual interest of the two nations.
We now, Sir, bid you an Affectionate adieu, with the fullest assurance that you will be happy in the smiles and approbation of your royal Sovereign, and we sincerely wish that you may be equally so in an interview with your friends, and in your future engagements.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 25, II, folio 361.]
On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Thomas] Jefferson and Mr. [Hugh] Williamson, to whom was referred a letter of 21 of April, from the honourable the Minister of France, informing, that in the course of last summer he had requested his Majesty's leave to return to France, and had reason to believe it was granted, though he had not received official information; and that his Majesty had fixed upon M. de Marbois to be his Chargé des affaires with the United States,2
[Note 2: 2 This paragraph was entered only in the manuscript Secret Journal, Foreign Affairs. The letter to Luzerne was entered in the public Journal and also in the Secret Journal, Foreign Affairs.]
The 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, to whom were referred an act of the Legislature of Connecticut, and a letter from the Governor of Massachusetts respecting the expenses of that State in an expedition against the British force at Penobscot and other matters submit the following resolves.
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That all sums paid or contracted to be paid by any State from and after the 19th of April, 1775, to the conclusion of the late war, for services performed by State troops or militia in defence of any of the U. States, or for provisions ammunition, waggons or supplies of any kind necessary for such troops or militia or for the transportation thereof, may when reduced to specie by the scale of depreciation of such State be charged to the United States, provided such troops or militia shall not have been less than twenty ten days in actual service, or shall have been drawn out to repel an actual invasion pursuant to the laws of the State, and that the pay and rations or subsistence of the officers and privates and also the proportion of commissioned and non commissioned officers to the privates, and of waggons or other articles shall not exceed the allowance stipulated for the continental army, at the time when such State troops or Militia were in service.
That the sums paid or contracted to be paid by the State of Massachusetts for armed vessels or transports employed and lost in the year 1779 in an expedition of that State against the British forces then at Penobscot, or for the hire of such of the said vessels and transports as were not lost, may when so reduced to specie be charged to the U. S. as aforesaid.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, except the first sentence which is in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 20, I, folio 164. The indorsement states that it was read on this day and Monday, 24th., assigned for consideration.]
The Grand Committee to whom was referred a letter of the Governor of Massachusetts, of the 28th. of October, 1783, relative to the Continental Bills of credit of the old emissions, submit the following:
Resolved, That all sums of Continental bills of credit paid by or to any State, on account of the United States, shall be credited or debited in account, according to the specie value of such bills at the time of payment, as settled by the legislature of the same state, in their table of depreciation formed for the use of their state; and where none such has been formed, an average shall be taken from those of the states adjoining, wherein such tables have been formed: on which payments an interest shall be allowed at the rate of six per centrum per annum from the time of paiment.
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That all such bills now in the treasury of any state, shall be credited to such state at the value they bore in specie, at the time they were received by the State, which value shall be settled by a table of depreciation as directed in the preceding resolution, for all the period of time comprehended in such depreciation table; and if the said bills were received after the last day to which such table descends, they shall then be credited at the rate at which they were actually purchased or received; or if not purchased or received at any particular rate, then at the market value of such bills within the State at the time, to be estimated on the best evidence which may be obtained: on which sums also a like interest of 6 per cent. per annum, from the time of receipt shall be allowed; and the affidavit of the Treasurer receiving the said bills shall be evidence of the time and rate at which they were received.
That all such bills now in the hands of individuals shall be redeemed at the same rates prescribed for those in the Treasury of their State. That the holders of such bills shall be at liberty to carry them to the loan officer of the United States within their State, who shall give them in Exchange for the same, a certificate expressing the sum in specie, which the United States owe in lieu thereof and the tune from which it bears interest, which time shall be the 1st. day of April, 1781, where the said bills were received before that day, and where received afterwards, the time of their actual receipt. The Loan officer shall require from the holder, the best evidence of the time of his receiving them which the nature of the case will admit, viz. That of circumstances and disinterested persons, where to be had and where not to be had, to his satisfaction, then resorting to the examination of the party himself on oath, and giving thereto so much credit as in his conscience he shall think it deserves; and in all cases of importance and difficulty shall associate to himself two honest and able persons to assist him in the examination and judgement. These certificates shall be funded and paid as the other debts of the United States; but no certificate shall be issued for a less sum than thirty twenty specie dollars.
That the Superintendant of Finance direct the form and mode of issuing the aforesaid certificates, and take order for destroying the Continental bills of credit brought in.
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Passed in committee, May 7, 1784.1
[Note 1: 1 This report, in the writing of Thomas Jefferson, except the heading, which is in that of Thomas Stone, is in the Papers of the Continental Congress, No. 26, folios 481--482. The indorsement shows that it was read on this day, and Monday, May 24, assigned for consideration. A printed copy, except the last paragraph, is on folio 455.]
That Committee consisting of [Mr. Thomas Stone, Mr. Elbridge Gerry and Mr. James Monroe,] appointed [May 11] submit the following Report:
That the Reports in the File and schedule No 1. should be passed on previous to the adjournment of Congress.
That the reports in No 2. should be taken up, if time will permit, previous to the adjournment, but after the others have been considered.
That the Reports in No 3. should be referred to the Committee of the States, to take order, so as not to exceed the Powers delegated to seven of the U. States in Congress.
That the Reports in No 4 should be referred to the said Committee of the States to report.
That the Reports in No 5 should be referred to the consideration of the next Congress.
That the Reports in No 6. require no consideration, being rendered unnecessary by subsequent acts of Congress, or by an alteration of time and other circumstances.
That a similar arrangement should be made of matters in the hands of Committees who have not reported.
Your Committee having considered the fixed determination of Congress to adjourn on the 3rd June next, the short time which Congress now have to consider the matters requisite to be passed on before the adjournment; the impracticability of effecting this, unless debates are in a great measure dispensed with, or at least greatly reduced, and the injury that may result to the publick from not improving with assiduity the time preceding the adjournment, are of opinion that it will be necessary in this instance.
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provided the President shall adopt one rule to be equally applyed to all the Members.
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 23, folio 199. The indorsement states that it was read on this day, and May 18th assigned for consideration; and a second indorsement is as follows: "Not to be acted on by the Committee of the States and referred to Congress." Committee Book, No. 186, gives the members of the committee, and the date of their appointment as May 11.]
Reports as filed by Committee of 17 April [May] in five Bundles.
No. 1 should be passed on previous to adjournment.
No. 2. should be taken up if time will permit, previous to adjournment, but after the others have been considered.
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No. 3 should be referred to Committee of the States, to take order; so as not to exceed the power delegated to seven States in Congress.
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No. 4 should be referred to the Committee of the States to report.
No. 5 (two Bundles) should be referred to the consideration of the next Congress.
1st. Bundle.
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2nd Bundle, No. 5.
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[Note 1: 1 This list of reports, prepared by the committee appointed to examine the files of reports, was entered in Committee Book, No. 191, under date of May 25, 1784.]
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The grand Committee to whom was referred a letter from the Superintendant of Finance of the 29th April last are of opinion that it will be necessary to continue the Continental Loan offices in the several States for the purpose of paying the monies borrowed in said offices and the annual interest thereon, pursuant to the Act of Congress of the 3rd day of October, 1776. That all monies collected by the several States for the U. S. may likewise be paid into that office, and the other receivers be discontinued. The Committee thereupon submit the following resolves:
That from and after the 1st day of August next all monies collected in the several States for the Use of the U. S. shall be paid into the Continental loan office in said States respectively, and all other receivers of such monies shall be discontinued.
That Loan officers shall be appointed by the Legislatures or in their recess or by their consent the supreme Executives of the States respectively, but when so appointed shall be amenable to and removable by the U. S. in Congress assembled, or such officer or Board as shall have the management of the Finances of the U. S.
That no person shall be appointed to such office, who shall have neglected or refused to adjust his publick accounts or to pay the Balance due thereon to the U. S.
That the said Loan officers respectively be entitled to receiveper cent on all monies that shall be brought into their respective loan offices in lieu of all claims and demands for transacting the business of said offices.
That the Receivers of Continental Taxes who have been appointed in the several States by the Superintendant of Finance, shall receive for their services a commission on the monies by them actually received for the U. S. at the rates heretofore fixed by the said Superintendant of Finance.
That with respect to the receipts taken by the loan officer in Connecticut for interest by him paid on Loan office certificates, it would have been more regular to have inserted the number of the certificate at the time of payment; but as the sum of money paid was endorsed on the certificates at the time of payment the Committee are of opinion, that the U. S. are secured against any further demand for the interest paid, and that said receipts may be
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admitted as vouchers of the payment in settling the accounts of the Loan office.1
[Note 1: 1 This report, in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 29, folio 209. According to the indorsement it was read on this day and "Monday, May 24, assigned for consideration."
The letter of the Superintendent of Finance is in No. 137, III, folio 561.]
The Committee of the week [Mr. David Howell, Mr. James Monroe and Mr. Abiel Foster] to whom was referred the Memorial of Joseph Kendall late Physician and Surgeon in the army and navy of the U. States, dated Annapolis May 12, 1784, and praying the appointment of Surgeon of one of the western Posts, or of one of the Regiments to be raised on the peace establishment, beg leave to report that said Memorial be placed on file in the Secretary's office.2
[Note 2: 2 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 32, folio 555. The indorsement states that it was agreed to on this day.
The memorial of Joseph Kendall, as the indorsement indicates, was filed this day. It is in No. 41, V, folio 41.
Also, a letter of 17 May from John Beatty. It was referred to Mr. [Hugh] Williamson, Mr. [Thomas] Stone, and Mr. [Roger] Sherman, and recommitted to Mr. [David] Howell and Mr. [Rufus] King. It is in No. 78, IV, folio 441. Committee Book, No. 180, says, "See 18 April, 1785."]
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