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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, FEBRUARY 7, 1785.
Congress assembled. Present as before.
The committee, consisting of Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [Rufus] King, to whom was recommitted a letter of Edward Fox, Commissioner of Accounts, of December 9, with a letter from J. B. Cutting, of the 30 October, and a Memorial from Mr. Cutting, of 20 January, 1785, report,
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That it appears from affidavits and certificates in the hands of the committee, that on or before the 30 of November, 1780, Mr. Cutting, who had been Apothecary General in the Middle District, had settled his accounts with certain officers who had been appointed to that duty, and that a balance remained due to him. That on the last year being called on by Mr. Fox, the Commissioner of Hospital Accounts, to review his accounts and make a final settlement, he rendered his cash account, and a balance was found due to him of 2,473 48/90 dollars, but his expenditure of medicines, instruments and shop furniture, was also to be reviewed. On this head the committee observe, that it must in any case be very difficult to determine, whether the amount of medicines delivered exactly agreed with the drugs and medicines received, especially when the enquiry respects a period in which the hospital system was extremely imperfect. It appears however, that Mr. Cutting did not shun the enquiry: but readily delivered to Mr. Fox, a box containing a number of books and papers containing receipts and entries. These were produced as full vouchers, but Mr. Fox returned the books to Mr. Cutting, that he might arrange the papers in proper order. For this purpose he retired to Easton, where he cut the vouchers out of the books, and laying them in order, he placed them loose in a box to be returned for examination On his way to Philadelphia, the box fell into the Delaware, by which all the vouchers were damaged, and some of them being on bad spungy paper, were rendered absolutely illegible. On the whole, as Mr. Cutting has not declined once and again to render an account, as he had readily delivered the whole of his vouchers to the proper officer for examination, and was re-possessed of them merely to alter their arrangement; the committee are bound to suppose that the injury which befel the papers was purely accidental, especially when they add that Mr. Cutting's general character is not only unimpeached, but
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that he does not appear to have improved his estate, while he was charged with public property; Whereupon,
Resolved, That Mr. J. B. Cutting, be allowed to verify on Oath, his abstract of issues or expenditures in the hospital department, and that his cash account be finally settled.1
[Note 1: 1 The report, in the writing Hugh Williamson, is in the Papers of the Continental Congress, No. 19, I, folio 625. See ante, February 4.]
On the report of a committee, consisting of Mr. [David] Howell, Mr. [James] McHenry and Mr. [John] Henry, to whom was referred a petition signed Benjamin Rush, in behalf of a committee of the trustees of Dickinson college, in the state of Pennsylvania,2
[Note 2: 2 The petition is in the Papers of the Continental Congress, No. 42, II, folio 307.]
The Committee to whom was referred a petition signed Benjamin Rush, in behalf of a Committee of the trustees of Dickinson College, in the State of Pennsylvania and dated Philadelphia January 16, 1785, being of opinion that the undertaking of said trustees is laudable and merits the public patronage attention ... and that securities for liquidated debts due from the U. States be made receivables in payment of such rents3
[Note 3: 3 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 20, II, folio 179. It was submitted to Congress this day and adopted verbatim as above.]
Resolved, That the Commissioners of the treasury be, and they are hereby authorized and directed to let by lease, in the name and on behalf of the United States of America, to the trustees of Dickinson College, on reasonable rents, for a term not exceeding ten years, the public buildings erected at the expense of the United States at Carlisle, in the state of Pennsylvania, during the late war, or such parts thereof as are not wanted for the public stores at that place, and are most remote from the Magazine.
[Motion of Mr. Jacob Reed:]
That the Injunction of secrecy on the joint Letter from the Minister plenipo: of the United States at Paris of the separate Letter from the
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Honble. John Adams ofso far as they relate to the subject of payment of the Interest due by the United States to Holland &c. be taken of, and that Grand Committee be at liberty to communicate to R[obert] Morris Esqe. late Supert. of Finance on the subject of his payments and arrangements in those matters.
Ordered, That the above motion be referred to the Grand Committee to take Order.1
[Note 1: 1 This motion and order is entered in the Resolve Book, No. 123. The original motion, in No. 31, folio 257, has the following on the verso: "That Ministers and Secretaries from the U: S: to foreign courts be appointed for the term of three years unless the U: S: in Congress should deem it necessary to recall them or either of them within that period or to extend their appointment to a more distant period." See post, February 17.]
On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [William] Ellery and Mr. [Hugh] Williamson, to whom were referred a motion of Mr. Gerry, and a letter of 10 January from J. Carleton, Secretary in the War Office,
Resolved, That Joseph Carleton, Secretary in the War Office, be, and he is hereby directed to remove the books and papers belonging to that Office, to this city, as soon as the measure can be effected.
That the Post master general be directed to remove on or before the 21 of March next; and that the Officers of the several departments of the treasury now at Philadelphia, be directed to remove on or before the first of May next, the books and papers of their respective Offices to this city.2
[Note 2: 2 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, I, folio 525. Carleton's letter is in No. 60, folio 111. See ante, January 13 and February 2.
On this day, as the indorsement states, was read a memorial of Richard Morris for reimbursement for destruction of his house and ordered to lie on the table. It is in No. 41, VI, folio 377.
Also, a letter of Robert Aitken offering his services as printer and bookbinder. It is in No. 78, I, folio 447.]
Report of Instructions for the Ministers of to be sent by the United States at to the Court of London.
You will in a respectful but firm manner insist that the United States be put without further Delay into Possession of all the Posts
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and Territories within their Limits, which are now held against them by british Garrisons. And you will take the earliest opportunity of transmitting the answer you may receive to this Requisition.
You will endeavour to make yourself acquainted with the Disposition of the british Cabinet to join with the United States in proper pacific measures for inducing Spain to cease opposing the free navigation of the Missisippi; and to that end a Display of the commercial advantages which would flow to them through that Channel, would probably prove a powerful Inducement.
You will remonstrate against the Infraction of the Treaty of Peace by the Exportation of Slaves and other american Property, contrary to the Stipulations on that Subject in thearticle of it. Upon this Head you will be supplied with various authentic Papers and Documents, perticularly the Correspondence between General Washington and others on the one Part, and Sir Guy Carlton on the other.
You will represent to the british Ministry the strong and necessary Tendency of their Restrictions on our Trade, to incapacitate our merchants in a certain Degree, to make Remittances to theirs.
You will so manage your Conferences with the Minister on the Subject of Commerce, as to discover whether he is inclined to make a Treaty with us and on what Terms, taking care not to enter into any Engagements without the previous approbation of Congress.
You will represent in Strong Terms the Losses which many of our and also of their merchants will sustain if the former be unseasonably and immoderately pressed for the payment of Debts contracted before the war; and (if compliance should appear the probable) you will solicit the Interposition and Influence of Government to prevent it. On this Subject you will be furnished with Papers in which it is amply discussed.1
[Note 1: 1 This draft, in the writing of John Jay, is in the Papers of the Continental Congress, No. 25, II, folio 407. According to the indorsement it was read this day and passed March 7.
February 7: The following committees were appointed: Of the Week--Mr. [William] Houstoun, Mr. [Zephaniah] Platt and Mr. [Joseph] Gardner. Mr. [David] Howell, Mr. [John] Bull and Mr. [John] Henry, on the Memorial of John Story and letter from Nathanael Greene on depreciation and pay while settling accounts. They reported April 26. A report of the Board of Treasury on Story's memorial was rendered, February 1, 1788.
Mr. [Hugh] Williamson, Mr. [Elbridge] Gerry, Mr. [Rufus] King, Mr. [David] Howell and Mr. [William Samuel] Johnson, on the memorial of Moses Hazen on dispute with John Pierce over settling Hazen's accounts. Mr. S[amuel] Holten was added to this committee on March 14, in place of Mr. Gerry and a report was rendered April 20.
Mr. [Samuel] Hardy, Mr. [Charles] Pinckney and Mr. [David] Howell, on the memorial of Donald Campbell, for payment of the certificate given him on settlement of his account. A report was rendered April 7. Campbell's memorial is in the Papers of the Continental Congress, No. 42, II, folio 247.
Mr. [James] McHenry, Mr. [Hugh] Williamson, Mr. [David] Howell, Mr. [Jacob] Read, and Mr. [Samuel] Holten, on the report on Invalids. On March 14 the papers in the case of W. Burrows, an Invalid, were referred to this committee and Mr. [Joseph] Gardner substituted for Mr. Read. The committee was renewed April 8. See post, February 8.
Also, on this day, the letter of Blair McClenachan, of October 13, 1784, respecting his arrest on account of a capture made by a privateer of which he was owner in 1779, and also the letter of September 30, 1784, from the Superintendent of Finance and "a state of the duties payable by American vessels in Marseilles, Bayonne, L'Orient and Dunkirk and other communications from Marqs. de la Fayette," were referred to the Secretary for Foreign Affairs. He reported February 11. The original "State of the duties, etc.," in French is dated June 11, 1784, and is in No. 59, IV, folio 39; a translation and printed copy is on folios 59 and 99, respectively.
Also the memorial of Capt. Ayott was referred to the committee of January 19, Mr. Partridge, Mr. [John] Bull and Mr. [Samuel] Hardy, who reported February 21.
Committee Book No. 190.
Also on this day, according to indorsement, was read a memorial of John Story, of this day, praying for depreciation of his pay. It was referred to Mr. [David] Howell, Mr. [John] Bull and Mr. [John] Henry, See post, June 7,]
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