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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 --FRIDAY, FEBRUARY 18, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of Georgia, Mr. [William] Houstoun.
On the report of a comee. consisting of Mr. W[illiam] Livingston, Mr. [Archibald] Stewart and Mr. [James] McHenry, to whom was referred a letter of the 14 Feby. from Mr. Duer.
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That Robert Morris Esqr. late Superintendant of the finances of the States or Michael Hillegas, Esqr. the treasurer of the U. S., be and is hereby directed to pay to William Duer, Esqr., out of any public monies which may be in their hands the Treasury the amount of his Issues, for the months of January and February 1785, on his producing the proper certificate of the Comptroller of the Treasury ascertaining the Sum due.
That Mr. Duer the present Contractor be authorised to supply the Rations which may be Issuable in the State of New York from the first day of March to the last day of December 1785, on the same terms as to price and payment at which he furnished the Rations from the first of May 1784 to the last of February 1785; Provided that if the said Rations should be required at any places more remote than the places of Issue specified in his former Contract it shall be at the Option of the Commissioners of the Treasury to disannul the said Contract giving to Mr. Duer thirty days notice, unless he will agree to supply the said Rations at such an extra allowance for the amount of transportations, as in the opinion of the commissioners of the treasury shall be deemed equitable.
Provided, That if any time, after the last day of June next the Commissioners of the Treasury should judge it necessary to disannul the said contract they shall be at liberty to do the same on giving to the said William Duer Esqr. thirty days notice in writing, and paying such arrearages as may appear due on Settlement.
[And it appearing to your Committee that an immediate advance of money is necessary to enable the aforesaid contractor, [to] procure the supplies, Therefore Resolved, That] the Sum of three thousand dollars be advanced to the said William Duer on account of the aforesaid contract to be deducted from the amount of his Issues for the months of April and May.
That the President be directed to draw a Warrant on the Treasurer of the United States for the sum of three thousand dollars in favor of William Duer: and that it be Recommended to the Legislature of the State of New York to direct their Treasurer to advance the amount of the said Draft, it being indispensably necessary that means should be immediately taken for continuing the supply of Provisions.
And that the President draw a Warrant accordingly.1
[Note 1: 1 This report, in the writing of Walter Livingston, except the part in brackets, which is in the writing of James McHenry, is in the Papers of the Continental Congress, No. 19, II, folio 145.]
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Resolved, That the treasurer of the United States be, and he is hereby directed to pay to William Duer, esquire out of any public monies which may be in the treasury, the Amount of his issues for the Months of January and february, 1785, on his producing the proper certificate of the Comptroller of the treasury, ascertaining the sum due.
Resolved, That Mr. Duer, the present Contractor, be authorised to supply the rations which may be issuable in the state of New York, from the first day of March to the last day of December, 1785, on the same terms as to price and payment, at which he furnished the rations from the first of May, 1784, to the last of February, 1785; provided that if at any time after the last day of June, the Commissioners of the treasury should judge it necessary to disannul the said Contract, they shall be at liberty to do the same on giving to the said William Duer, esquire thirty days notice in writing, and paying such arrearages as may appear due on settlement.
And whereas an immediate advance of Money is represented to be necessary, to enable the aforesaid Contractor to procure the supplies:
Resolved, That the sum of three thousand dollars be advanced to the said William Duer, on account of the aforesaid Contract, to be deducted from the amount of his issues, for the Months of April and May; and that the President draw a warrant accordingly.
The committee consisting [of Mr. Rufus King, Mr. William Samuel Johnson and Mr. Peirse Long] &c to whom was referred a report from Mr. Pennel commissioner for the marine department relative to monies obtained in the island of martinique for the repairs and outfitts of the ship Confederacy, submit the following report--
That the Sr. Borde correspondent of the commissary for naval supplies at the island of martinique furnished Mr. Bingham, Agent of the U. S. in that island, with Bills of exchange drawn in his favor on the
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commissary general, and paid by the Treasurer general of the French marine, to the amount of 64,067 Livres 12, 21/3 which stun was requisite for the repairs and outfitts of the ship Confederacy, that Mr. Bingham in a settlement of his accounts, charged the U. S. with that sum, as supplied through him by the Government of Martinique, which charge hath been allowed, and paid by the U. S. to Mr. Bingham. Your committee cannot but presume that Mr. Bingham before this time, must have paid over to the said correspondent of the Commissary General, or to such other person as may have had authority to receive the same, the aforesaid sum of 64,067.12.21/3 paid him by the U. S. to discharge the Debt aforesaid
Whereupon they submit the following resolve--
Resolved, that the U. S. hold themselves eventually answerable to the Sr. Borde correspondent of the commissary Genl. of France for naval supplies for the sum of Ls 64,067.12.21/3 Tournois, by him advanced to their agent Mr. Bingham for the repairs and outfitts their ship of war the Confederacy.
That the commissioners of the board of Treasury cause notice to be given to Mr. Bingham late Agent of the U. S. in Martinique of the request made to Congress by the Treasurer general of the french marine for the payment of the aforesaid sum; and that they likewise communicate to Mr. Bingham the direction of Congress that (provided the same is not already accomplished) he does without delay exonerate the U. S. from the debt aforesaid by applying for that purpose the monies by him received of the U. S. expressly for that object.1
[Note 1: 1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 19, I, folio 355. The indorsement states that it was read on this day and January 11, 1786, referred to the Board of Treasury to take order.
On this day, the committee of January 17, on the letter from P. J. Van Berckel, of December 8, 1784, was discharged. The letter is in the Papers of the Continental Congress, No. 81, I, folio 491.]
A motion being made by Mr. [Charles] Pinckney, seconded by Mr. [David] Howell, the same in substance as that moved yesterday by them; and on which the question being taken, was lost.
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A Question of order was moved by Mr. [Jacob] Read, as follows:
The question before the house having been lost yesterday; is the Motion made by the honble. gentlemen from South Carolina in Order?1
[Note 1: 1 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II: folio 515.]
The president calling for the judgment of the house; and on the question, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative.
The motion being then read; and on the question to agree to it, the yeas and nays being required by Mr. [Samuel] Hardy,
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So it was
Resolved, That no future commission of a Minister, either generally or specially, to any foreign court, Charge des affaires or secretary to any foreign legation, shall continue in force for more than three years; the time from which it is to commence to be fixed in the Commission; at the expiration of which period, unless reappointed, such Minister or secretary shall cease to exercise such Office; provided always, that such Minister or secretary shall be considered as at all times subject to the recall of Congress within the term limited.1
[Note 1: 1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III.]
On the report of a Committee, Consisting of Mr. [James] McHenry, Mr. [Rufus] King and Mr. [Charles] Pinckney, to whom was referred a letter of the 17 from Elizabeth Thompson,
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late a domestic in the family of the Commander in Chief during the war, and who, by casualties, is reduced at the advanced age of 81 years to poverty and distress,
The committee, consisting of [Mr. James McHenry, Mr. Rufus King and Mr. Charles Pinckney] to whom were referred a letter signed Elizabeth Thomson, dated New York, 17 Feby., beg leave to report,
That it appears that Elizabeth Thomson was a respected and faithful domestic in the family of the late commander in chief, that her property was destroyed by the fire in New York in 1776, by which calamity at a very advanced age during the greatest part of the war and that through age and casualties she finds herself reduced to extreme poverty and distress, therefore,
Resolved, That the Board of treasury pay to Elizabeth Thomson during her life the sum of one hundred dollars annually. (in hand [and] one hundred dollars annually in quarterly payments during her life.)1
[Note 1: 1 This report, in the writing of Rufus King, except the words in parenthesis, which axe in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 19, VI, folio 37. See ante, February 17.]
Unanimously resolved, That the board of treasury pay to Elizabeth Thompson, the sum of one hundred dollars immediately, and one hundred dollars annually, in quarterly payments, during her life.2
[Note 2: 2 On this day, according to Committee Book 190, Mr. R. R. Livingston was nominated by Mr. [John] Beatty as U. S. Minister to the Court of London. The nomination was withdrawn February 24, renewed by Mr. [Walter] Livingston sand again withdrawn.]
On the report of a comee., consisting of Mr. [John] Beatty, Mr. [Charles] Pinckney and Mr. [David] Howell, to whom was referred a Memorial of James Warren,
Resolved, That the Memorial of Mr. James Warren, be referred to the board of treasury, who are authorised to revise his Account, and to make such an adjustment as shall be consistent with equity, report thereon to Congress.3
[Note 3: 3 This resolution, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, VI, folio 165. The words lined out are so in the resolution and are not in the Journal.]
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An Address of the Corporation of the Chamber of Commerce of the State of New York, to the United States in Congress Assembled, having been read;
Resolved, That the Secretary of Congress inform the Corporation of the Chamber of Commerce of the State of New York, "that the United States in Congress Assembled, have received with pleasure the address of so respectable a body of Citizens; that they are duly impressed with a sense of their dispositions to render the sessions of Congress convenient and agreeable; and to assure them that the extension and prosperity of trade shall not cease to be considered as intimately connected with the happiness and prosperity of the United States of America."
An Address of the Artificers, tradesmen and Mechanics of the City of New York, to the United States in Congress Assembled, having been read,
Resolved, That the secretary of Congress inform "The Artificers, tradesmen and Mechanics of the City of New York," that their cordial welcome and expressions of Confidence could not fail to be agreeably received by the United States in Congress Assembled; and that while Congress acknowledge the goodness of Divine Providence in concluding the American revolution, they experience additional gratitude in Contemplating the happiness of those who have suffered so severely by the calamities of war.1
[Note 1: 1 This resolution, as the second paragraph to the report of the Committee reporting on the address of the Chamber of Commerce, is in the Papers of the Continental Congress, No. 20, I, folio 210. The address is in No. 43, folio 343.
Also, according to Committee Book No. 190, a petition of William Henry, clerk and steward on board the sloop Hornet, for a settlement of his accounts, was referred to the Secretary in the Marine Office. He reported March 14.
Also, the letters from Charles W. F. Dumas, Nos. 45, 46 and 50, were referred to the Secretary for Foreign Affairs.
Also, according to Committee Book No. 191, a report on the petition of Col. Ely was transferred.]
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