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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 --WEDNESDAY, FEBRUARY 16, 1785.
Congress assembled. Present, Newhampshire, Massachusetts, Rhode island, Connecticut, New-York, New-Jersey, Maryland, Virginia, North Carolina and South Carolina; and from the state of Pensylvania, Mr. [Joseph] Gardner, and from Georgia, Mr. [William] Houstoun.1
[Note 1: 1 On this day, according to Committee Book 186, the committee of December 6, 1784, which was renewed January 24, on Monroe's motion for giving general regulation of trade to the United States, brought in a report and Committee Book No. 191 states that it was transferred. See post, March 28.
Also, according to Committee Book No. 190, the Instructions to the delegates of Virginia on the settlement of accounts, dated December 30 and 31, were read and referred to Mr. [James] Monroe, Mr. [Samuel] Hardy and Mr. [Samuel] Holten, who reported February 23. The instructions are in No. 71, II, folio 419.]
The Committee Consisting of Mr. [Jacob] Read, Mr. [Samuel] Holten and Mr. [James] Monroe to whom was referred a Letter of the 21st Decr. 1784 from Mr. Joseph Carleton Secretary in the War Office inclosing an extract of a Letter from Lieutt. David Luckett dated 1st. August 1784 Submit the following resolves2
[Note 2: 2 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, III, folio 621. According to the indorsement it was delivered this day, entered, and read. The resolves were adopted verbatim June 7, q. v.]
The Committee [consisting of Mr. John Bull, Mr. William Ellery and Mr. William Henry] to whom was referred the letters from J. Sherman, Agent to the old 5, 6, 7, 8, and the late 2d., 4, 5, and Contl. Regiment of three years men--Nathan Beers Agent of the old 2d. 9th, and the late 3d. Connecticut Regiments and Charles Fanning Agent to the old 3d and the late first Connecticut Regiments--also the
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letter of John Blair Agent to the 1st., 3d., and the Jersey Regiments--Observe that by a Resolve of Congress of the 3d. Novemr. 1783 the pay master Genl. was directed to deposit in the hands of Regimental Agents the Certificates of the arrears of pay due to the Officers and Soldiers of the respective lines, to be by them delivered to the individuals to whom they belong, or deposited for their benefit as the Supreme executive of the State to which the respective Agents belong--shall directs--And thereupon submit the following Resolution
Resolved, That the Executive Legislature of the several respective States to which Regimental Agents belong, be requested to cause to be Examined into the Services of the said Agents, and to make them such allowances as they may think them intitled unto; and charge the same to the United States--that such agents deposit the Certificates that may remain in their hands with the Executive of the States to which they belong agreeable to the Resolution of Congress of 3d. Novr. 1783.1
[Note 1: 1 This report, in the writing of John Bull, is in the Papers of the Continental Congress, No. 21, folio 385. It was entered and read this day and passed May 27.]
On the report of a comte. consisting of Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [William Samuel] Johnson, to whom was referred a motion of the Delegates for the State of Rhode island and Providence Plantations,
Resolved, That the Commissioners of the board of treasury be, and they are hereby directed to give orders for ascertaining the sums due to the Contractors in the State of Rhode island and Providence Plantations, for Ox teams and Conductors employed in the campaign of 1781, which State is hereby authorised to charge such sums with interest, from the time of advancing the same, as part of the quota of the state, which may be assigned for the year one thousand seven hundred and eighty five.
The Committee Consisting of Mr. [Jacob] Read, Mr. [William] Houstoun and Mr. [John] Bull, to whom was referred the Memorial of George Turner, late a Captain in the Federal Army, Submit the following report:
Your Committee find that the said George Turner in the Commencement of the late War was appointed a Lieutenant of Infantry
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in the line of the State of South Carolina, and duly promoted in April, 1777, to the Command of a Company.
That in 1778 he was appointed Aid de Camp with the rank of Major annexed to Gen. Rt. Howe, retaining at the Same time his Commission in the line.
That Serving in the Northern Army under his Appointment as Aid de Camp, and hearing of the Enemy's preparations in New York for the attack of Charleston, he returned thither and resumed the Command of his Compy. in the defence of that place, became a Prisoner of War on its Surrender, and was paroled in the year following to Philadelphia.
That being some time after exchanged, he was appointed Commissary of Marine Prisoners for the United States, and as such continued to reside in Philadelphia till the peace, never having resigned his Commission in the line of the Army.
That during his absence from his regiment the reform of the Southern Army took place, on which occasion the said George Turner (tho' a very old Captain in the line and entitled to continue in Service) was put upon the list of deranged officers without his knowledge or consent, and a junior Captain retained in his stead.
Your Committee conceive that the said George Turner, never having resigned or left the Service, was undeservedly injured in such derangement, as no officer can be deprived of his commission by a Superior Officer without the Sanction of a Court Martial; and as such derangement if not reversed by Congress would tend not only to injure deprive the said George Turner of Certain pecuniary advantages, but also of his right to the Brevet of a Major under the resolution of Congress of the 30th Septr. 1783,
Your Committee recommend that it be
Resolved, That he said George Turner considered as entitled all and singular the emoluments and advantages of an officer continuing in Service to the end of the war; and that the Secretary in the War Office do make out and deliver to the said George Turner a Brevet Commission as Major in the late army of the United States.1
[Note 1: 1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, VI, folios 97--99. The indorsement states that it was read on this day, and negatived on February 23. Turner's memorial was referred to the above committee December 8, 1784. It is in No. 41, X, folio 247.
On this day, as the indorsement states, was read a petition of Elenor Healy, praying for a pension and referred to Mr. [James] McHenry, [Mr. Hugh Williamson, Mr. David Howell, Mr. Jacob Read and Mr. Samuel Holten] the committee of February 7 on Invalids. It is in No. 41, IV, folio 253. See post, June 7, 1785.
Also was read a letter from John Jay of February 15, on the subject of Marbois' letter, see ante, February 14, and one of same date on the case of Stephen Sayre, which was referred to Mr. [William] Houstoun, [William Samuel] Johnson and Mr. R. R. Livingston. See post, February 22.]
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The Committee consisting of Mr [Hugh] Williamson, Mr [Archibald] Stewart and Mr. [Samuel] Hardy, to whom were referred a Letter from the Supreme Executive of the State of Pennsylvania, dated 20th. December; a Letter dated 24th. January, from William Denning, Esquire, Auditor of Accounts, and sundry other Letters and Papers--beg leave to report,
That from the evidence in their possession there is great reason to believe that numerous frauds are daily practised against the United States, by issuing or passing certificates for which the public have received no value. They find that many of the deputies under the late heads of departments, have neglected to deliver to their principals, according to the instructions of Congress, any account of the certificates they have issued. That they have hitherto declined to settle their accounts; and some of them refuse to deliver their checks, or to give any account of the certificates they have issued. Some of them have attempted to settle their cash accounts by the means of receipts which they have taken for certificates issued as cash, when no cash was paid. And some of them are still possessed of printed blank certificates, which they continue to fill up and issue.
Your committee are very apprehensive, that under the present tedious process of settling the public accounts, fraudulent certificates may be multiplied--the means of detecting such frauds become more difficult--and the honest creditor continue to suffer by the delay of justice; wherefore they submit the following resolves.--
That one additional commissioner be appointed in each of the states of Pennsylva. and Virginia for liquidating and settling the accounts of individuals against the United States whose duties, powers and allowance shall be the same as those of the other Commissioners who have been appointed pursuant to the act of feby. 20th. 1782, and who shall not be an Inhabitant of the state for which he shall be appointed.
That till the board of treasury are ready to discharge the duties of their office, the Comptroller of the Treasury shall exercise the power of appointing such additional Commissrs. in the same manner as the late Superintendant of Finance was authorized to do.
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That the Quarter Master General, Commissary of Purchases, Commissary of issues, Commissary of forage and all the late heads of departments, or their successors or agents, be required without delay to forward to the board of treasury, or Controuler of Accounts a list of their respective deputies who have been duly authorized to issue certificates.
That the Commissioners in the States of Virga. and Pennsylva. confine their settlements to such counties or districts as the Supreme Executives may direct.
That the heads of departments aforesaid and each of their deputies, who have not settled their accounts, and all other persons who have issued certificates of debts due by the United States, loan office certificates and certificates of final settlement excepted be required forthwith to deliver to the board of treasury, or to some commissioner of accounts in the state where such persons reside, a fair abstract of all the certificates which they have issued, and they shall specify those certificates for which they have taken receipts, as for cash paid; and a copy of those abstracts, shall be transmitted by the board of treasury, to the several commissioners of accounts, to whom they may be of use in detecting frauds.
That a copy of these resolutions be published in the Gazettes or public newspapers of the several states and that if any person or persons so required as aforesaid shall refuse or neglect for the space of two months from such publication to deliver a full and just account of the certificates he or they have issued the board of treasury or in case it is not at the time organized the Comptroller shall take proper steps for causing him or them to be prosecuted according to law.
That the Commissioners of Accounts be instructed to be careful how they admit charges against the United States on certificates which are not duly supported by the authority of Congress and the accounts of the officers who have issued them
That the Commissioners who have been appointed for Settling the Accounts of the Commissary, the clothing, Medical and Postponed. Marine Departments, be discontinued from theand that the[y] deliver the books and papers in their several offices to the board of treasury.1
[Note 1: 1 This report, in the form of a printed copy of the report of February 11, amended in manuscript by Stewart and Charles Thomson, was the result of the consideration on February 16 or some subsequent date. It is in the Papers of the Continental Congress, No. 19, II, folio 59. For the final adopted form see post, February 23.]
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