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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, FEBRUARY 3, 1785.
Congress assembled. Present, as yesterday.
On the report of a committee, consisting of [Mr. David] Howell, Mr. [Hugh] Williamson, Mr. [Zephaniah] Platt, Mr. [Pierse] Long, Mr. [James] McHenry, to whom was referred a motion of Mr. [Charles] Pinckney:
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Resolved, That each of the commissioners appointed in pursuance of the ordinance passed on the 28th day of May, 1784, to constitute a board of treasury previous to their entering on the business of their appointment, shall give bonds to the United States of America, in trust for the use the U. States with two or more sureties for the faithful execution of the trust reposed in them, the principals each in the sum of two one hundred thousand dollars, and each of the sureties in the sum of and two or more 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.1
[Note 1: 1 The words crossed out are so in the report, which is in the writing of David Howell and is in the Papers of the Continental Congress, No. 26, folio 507, but do not so appear in the Journal. See ante, January 31.]
[Motion by Mr. Rufus King:]
Resolved, That the resolution of Congress of the 3d day of Feby. 1785 relative to the bonds required of the Commissioners of the Treasury previous to their entering on the business of their appointment be and hereby is repealed and made void [so far as the Commissioners are thereby severally bound for the trust reposed in the Board].2
[Note 2: 2 This motion, in the writing of Mr. Rufus King, except the part in brackets, which is in that of Mr. David Howell, was referred, according to its indorsement, to Mr. King, Mr. [Charles] Pinckney and Mr. [Samuel] Hardy. It is in the Papers of the Continental Congress, No. 36, III, folio 97.
On this day, according to Committee Book No. 190, the petition of Lieut. Col. Jacob Gerhard Dericks, for payment of the certificates issued to him for services, and a letter of recommendation to their High Mightinesses, the States General, was referred to Mr. [John] Beatty, Mr. [Hugh] Williamson and Mr. [David] Howell, who reported March 14.]
A motion being made by Mr. [Hugh] Williamson, seconded by Mr. [Jacob] Read, in the words following:
"Whereas, the place in which a foederal court shall be holden, which is to hear and determine a controversy subsisting between the States of Massachusetts and New York,
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was fixed and determined on the 21 of January by five states only; and whereas such a mode of determining questions is extremely dangerous in precedent, being expressly Yeas and nays withdrawn, with the unanimous consent of the House, Monday, Feby. 7. contrary to a clause in the ninth of the Articles of the Confederation, by which it is provided that no question on any point except for adjourning from day to day shall be determined unless by the votes of a majority of the United States in Congress assembled,
Resolved, That the act of the 21st of January last for fixing the place for holding a foederal court be and it is hereby declared to be void."
On this motion, a question of order being moved by Mr. [David] Howell in the words following:
Is a motion in order made by a member to reconsider, repeal or nullify a former resolution, unless made and seconded by members who did not vote against such former resolution?
To the question of Order the President answers: That he knows no written rule that applies to this question, but as he sees no objection in reason that forbids either party consenting to or differing from the original motion to propose a reconsideration, so the President conceives the present motion for reconsidering is in order.
An Appeal from the judgment of the President being made to the House by Mr. [William] Ellery, and on the question, Shall the judgment of the President be reversed the yeas and nays being required by Mr. W[alter] Livingston,
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{table}
So the question was lost.1
[Note 1: 1 The proceedings on the Williamson motion and the vote thereon have been crossed out in the Journal.]
The Committee of the Week [Mr. Pierse Long, Mr. Joseph Gardner and Mr. Samuel Holten] to whom was referred the Petition of Frederick Weissenfels, heretofore a lieutenant Colonel in the army of the United States, accompanied with a very honorable testimony from the late Commander in chief, Report,
That in their opinion lieutenant Colonel Weissenfels is highly deserving of the public notice, and recommend that Congress confer on him the first vacant office in their gift, which they may think him capable of filling. With respect to his being put on a footing with foreign officers, who were in the Service of the United States, the Committee are of opinion it cannot be done consistently with the principles of general justice.
On the petition of John Logan, setting forth that he contracted for supplying the Troops with provisions in 1782, that he is a considerable
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loser by a performance of the said contract, as the amount of his purchases far exceeded that of the rate mentioned in the agreement, and praying Congress will grant him relief, the Committee report that they find the Petitioner was employed by one of the Contractors, who received full payment, agreeably to the tenor of his agreement with the late Financier they are therefore of opinion the Petitioner has no equitable claim on Congress in this instance.1
[Note 1: 1 This report, in the writing of Pierse Long, is in Papers of the Continental Congress, No. 32, folio 601. It is undated but belongs to this period. The indorsement states that it was postponed March 20, 1785.]
The Committee consisting of Mr. [Abiel] Foster, Mr. [James] McHenry and Mr. [Joseph] Gardner, to whom was referred the Petition of Benjamin Bankson one of the Clerks in the Secretary's Office, report as their Opinion, that in consideration of the additional expenses which the said Bankson has been subjected to in additional expenses which the said Bankson has been subjected to in consequence of the late removals of Congress, he be allowed the sum of 400 dollars for extra services.2
[Note 2: 2 This report, in the writing of Abiel Foster, is in the Papers of the Continental Congress, No. 19, I, folio 203. According to the indorsement it was delivered this day and read. Bankson's petition is in No. 42, I, folio 338. See ante, January 31, and post, February 9.]
The report of the Comee. on the Meml. of Mr. B. Bankson being amended to read That in consideration of the additional expence to which Mr. Bankson has been exposed by the late removals of Congress and of the constant and hard duty which he has discharged being for a considerable time the sole Clerk in the Secretary's office he be allowed the sum of four hundred dollars.
Postponed till to Morrow--3
[Note 3: 3 This memorandum, in the writing of Charles Thomson, dated February 9, 1785, is in the Papers of the Continental Congress, No. 19, I, folio 203. It is indorsed as having been read this day and passed February 11.
On this day, according to Committee Book 191, the memorial of Giles Wolcott was ordered "to lie till Secy. at War is elected." See ante, February 1, and post, February 14.
Also the petition of Michael Byrne was ordered "To lie on the table" and John Fitch's petition was ordered "referred to the Register of the New State when formed," See ante, February 1.]
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