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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, FEBRUARY 8, 1785.

Journals of the Continental Congress, 1774-1789
TUESDAY, FEBRUARY 8, 1785.

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Link to date-related documents.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina and South Carolina; and from the state of Georgia, Mr. [William] Houstoun.

Mr. William Hindman, a delegate for the state of Maryland, attended, and produced credentials under the seal of the state, and dated 4 December, 1784, by which it appears, that the said state have appointed the honble Samuel Chase, James McHenry, Gustavus Scott, John Henry, William Hindman and Luther Martin, delegates to represent the said state in the United States in Congress assembled, for one year, from the date above-mentioned.

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[Read February 8, 1785.]

To the Honorable Samuel Chase, James McHenry, Gustavus Scott, John Henry, William Hindman, and Luther Martin Esquires,

The State of Maryland reposing special Trust and Confidence in your diligence, wisdom, and fidelity hath appointed you Delegates for this State in the United States in Congress assembled with full Power and Authority to you or any two or more of you to represent and act for this State in the United States in Congress assembled for one whole year from the Date hereof, and also you or either of you are fully empowered and authorised to represent and act for this State in a Committee of the States which may within the time aforesaid be appointed by the United States in Congress assembled.

Given under my Hand and the Seal of the State at WM. PACA [With the Great Seal appendant] the City of Annapolis this fourth Day of December Anno Domini One thousand seven hundred and Eighty four.¹

[Note 1: 1 The original is in the Papers of the Continental Congress, Maryland, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]

The order of the day being called to proceed to the Election of three Commissioners, pursuant to the Ordinance of the 23 December, 1784,

A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [John] Sitgreaves, to postpone the order of the day to take up the following:

"That the commissioners who may be appointed in pursuance of the Act of 23 December, 1784, be instructed to examine such places on the River Delaware, within the limits prescribed, as may be purchased, and such as they may judge proper for the site of public buildings, to cause one or more places to be surveyed on each side of the river, and report to Congress the situation and quantity of land offered them for sale, and the terms on which the several tracts may be purchased, properly authenticated by the different proprietors."²

[Note 2: 2 This motion, in the writing of Williamson, is in the Papers of the Continental Congress, No, 36, IV, folio 489.]

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And on the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Hugh] Williamson,

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So it passed in the negative.

A motion was then made by Mr. McHenry, seconded by Mr. [Abiel] Foster, that Congress do not proceed to the appointment of Commissioners to carry the Ordinance for founding the said town, into effect, till the delegates representing the several states can have time to consult, in a matter so important and momentous, the sense of their constituents.

This being objected to as out of order, and the president calling for the judgment of the house, the question to the house was stated by Mr. [Jacob] Read: Is the motion of Mr. McHenry in order?

A motion was made by Mr. [David] Howell, seconded by Mr. [Samuel] Hardy, to amend the statement of the question, by striking out "in" and in lieu thereof, inserting "out of" so that it stand "Is the motion of Mr. McHenry out of Order?"

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And on the question to agree to this amendment, the yeas and nays being required by Mr. McHenry,

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So the question was lost.

On the question, Is Mr. McHenry's motion in order? the yeas and nays being required by Mr. McHenry,

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So it was resolved in the affirmative,

That the motion of Mr. McHenry is in order.

Resolved, That it be recommended to the several states, to make provision for soldiers or seamen, who have been disabled in the service of the United States, in the following manner, viz.

• 1. A complete list shall be made out by proper officers in each state, of all the officers, soldiers, or seamen, who have served in the army or navy of the United States, or in the militia in the service of the United States, and have been disabled in such service, by wounds or otherwise, so as to be incapable of military duty, or of obtaining a livelihood by labour, in which list shall be expressed, the age, wound, or other disability of each invalid, also the regiment, corps, or ship to which he belonged, and a copy of the same shall be transmited to the superintendant of finance, or to such other person as Congress may appoint to receive the same, within one year after each state shall pass a law for this purpose.
• 2. No officer, soldier, or seaman, shall be considered as an invalid, or entitled to pay, unless he can produce a certificate or document from the commanding officer or surgeon of the regiment, ship, corps, or company in which he served, or from a physician or surgeon of a military hospital, or other good and sufficient testimony, setting forth his inability, and that he was thus disabled while in the service of the United States.
• 3. That each state institute a mode of ascertaining, whether the person producing a document or certificate, setting forth that he is an invalid, be such in fact, and if such to what pay he is entitled, and thereupon, the persons appointed to make such enquiry, shall give a certificate to the invalid, and transmit a counterpart to the person who may be appointed by the state to receive and record the same.

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• 4. That any state may form such invalids under the aforesaid description, as are citizens of the same, and are capable of garrison duty, into corps, to be employed in guarding military stores or prisoners, securing the police, or otherwise, as the state may direct.
• 5. That when invalids shall be formed into corps, there be quarterly returns, comprehending age, wound, or other disability, regiment, ship, or corps to which he formerly belonged, made out and signed by their commanding officer, and transmited as aforesaid, that their pay may be ordered according to said return.
• 6. That all invalids, as well those formed into corps, as those who are not, shall annually apply themselves to a magistrate of the county in which they reside or may be stationed, and make the following oath viz: A. B. came before me, one of the justices for the county of ... in the state of ... and made oath, that he was examined by ... appointed by the said state (or commonwealth) for that purpose, obtained a certificate, or had his certificate examined and countersigned, setting forth that he had served in ... and that he now lives in the ... and in the county of
• 7. That the affidavit drawn according to the above form, and dated and attested by a magistrate, be sent by said magistrate, to the person or persons appointed by the state, to receive and record the same, and that a counterpart of said affidavit, be preserved by the invalid, to be exhibited to such persons as shall be appointed by the state to pay them.
• 8. That no officer who has accepted his commutation for half pay, shall be entered on the list of invalids, unless he shall first have returned his commutation.
• 9. That no private soldier or non-commissioned officer, shall in any case be allowed more than five dollars per month; nor shall any commissioned officer, be allowed more than half of his former whole pay, on account of the United States.

Resolved, That each state shall have credit in the payment of its annual quota to the United States, for such sum or sums as may be advanced to invalids, according to the foregoing regulations.¹

[Note 1: 1 This report, in printed form, is on McHenry's motion of April 20, 1784. It is in the Papers of the Continental Congress, No. 22, folio 255. Another copy on folio 249 is indorsed as referred, February 8, 1785, to Mr. [James] McHenry, Mr. [Hugh] Williamson, Mr. [Jacob] Read and Mr. [Samuel] Holten. See post, April 27.
On this day, according to Committee Book 186, Mark Bird was nominated by Mr. [David] Gardner as Commissioner for erecting the federal buildings, and John Cox by Mr, [Jacob] Read.]

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