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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, APRIL 4, 1785.
Congress assembled. Present as before.
On the report of a committee, consisting of Mr. [Joseph Platt] Cook, Mr. [William] Grayson and Mr. [David] Howell, to whom was referred a letter of the 25 March, from Mr. Giles Wolcott,
The Committee consisting of Mr. [Joseph Platt] Cook, Mr. [William] Grayson, and Mr. [David] Howell, to whom was referred the Memorial of Giles Wolcott, representing that in the year 1777 he was appointed by Genl. Schuyler an Assistant Deputy Quarter Master General in the Northern Department, in which office he continued for about two years, and expended considerable sums of money in the public service for which he has received no compensation not being able hitherto to effect a settlement of his accounts by reason of some peculiar embarrassments and praying that some method to be adopted by which he may be relieved &c. submit the following Report.
That they are informed by said Wolcott that sometime in the year 1779 he applied to the Commissioners at Albany to settle his accounts, but that they through a multiplicity of business, being unable at that time to attend to his matters, advised him to leave his papers in their hands and call upon them at some other time; that he accordingly left his papers among which were all his vouchers, and through ill
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state of health was unable to attend again until the Commissioners broke up, and that Mr. Chinn, the last of them that left Albany committed the papers to Mr. Vander Heyden of that city, in whose custody they still remain, and he declines to deliver them unless to some person properly authorized to receive him--
Whereupon your Committee submit the following Resolve,
Resolved, That Mr. W. Denning be directed to draw an Order on Mr. Vender Heyden, of Albany, to deliver to capt. Giles Wolcott, or his order, all the papers belonging to the said G. Wolcott, which were left in the custody of the said Vander Heyden, by Mr. Chinn, one of the late commissioners for settling accounts in the Northern department, and that Mr. Denning proceed to settle said Wolcott's quarter master's accounts in the usual manner.1
[Note 1: 1 The report, in the writing of Joseph Platt Cook, is in the Papers of the Continental Congress, No. 19, VI, folio 589.]
On the report of a committee, consisting of Mr. R. R. Livingston, Mr. [John] Vining and Mr. [Hugh] Williamson, to whom was referred a letter of 31 March, from the Secretary for foreign Affairs,
The Committee to whom were referred the letters from the Secretary of foreign Affairs relative to W. Smith, Report--
REFERRED TO SECRY. FOR FOREIGN AFFAIRS TO TAKE ORDER. That Colonel Smith be informed that it is the wish of Congress that he should embark in the next Packet for England--
Resolved, that one thousand dollars be advanced to Colonel Smith PASSED. on account of his salary, and that the President draw a warrant accordingly.
REFERRED TO THE SECRETARY FOR FOREIGN AFFAIRS TO TAKE ORDER Resolved That the Committee upon Mr. Adams's letter be directed to report arrangements for the regular payment of the salaries of the Officers of the United States at foreign Courts.2--
[Note 2: 2 This report, in the writing of John Vining, is in the Papers of the Continental Congress, No. 19, V, folio 359. It was entered also in the Resolve Book No. 123.]
Resolved, That one thousand dollars be advanced to W. Smith, Esq. on account of his Salary; and that the president draw a warrant accordingly.
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Ordered, That the remainder of the report be referred to the Secretary for foreign Affairs to take Order.
On the report of a committee, consisting of Mr. [Rufus] King, Mr. R. R. Livingston and Mr. [William] Ellery, to whom was referred a memorial of Samuel Frauncis,
Resolved, by nine states, That the Secretary of Congress take a lease from Samuel Frauncis for his house, now occupied by the public, for the term of two years, at the rate of eight hundred and twelve dollars and one half of a dollar a year:
That a warrant be drawn in favour of the said Samuel Frauncis for the sum of sixteen hundred and twenty five dollars, on account of the said rent, and to discharge a mortgage on said house:
By nine States: That in consideration of the singular services of the said Samuel Frauncis, and of his advances to the American prisoners, the sum of two thousand dollars be paid to the said Samuel Frauncis, on account of the loan office certificates in his hands, and that they be delivered up and cancelled.1
[Note 1: 1 The committee's report, see March 28, is indorsed "on a second application August 21, 1788 ordered that Mr. Frauncis have leave to withdraw his petition--All his papers delivered see recet. Aug. 29, 1788."]
[Motion of Mr. David Howell. For sale of Frigate Alliance, April 4th. 1785, Referred to Mr. Rufus King, Mr. David Howell, Mr. Charles Pinckney.]
That the Commissioners of the Treasury be authorized and directed to make sale at public auction of the Frigate Alliance with her appurtenances, giving previous notice of the time and place of sale by public advertizement.2
[Note 2: 2 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 559. The committee reported May 23.]
The Committee consisting of Messrs. [William] Grayson, [Samuel] Johnson and [William] Ellery to whom a petition of Capt. Seth Harding and a report thereon were committed, Report that it appears from the allegations of the said petition and other information that
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a balance is due Capt. Harding of twelve hundred pounds, rating dollars at seven shillings and sixpence.
That he had come on to this City with a view of going to Philadelphia to settle his accounts, but finding that the Commissioner of the Marine was about to remove to the Eastward, he addressed Congress to furnish him with a sum of money to satisfy his creditors--
That before Congress could determine upon his application he was arrested and thrown into goal, where he is now confined, and must remain in that situation unless he receives some relief, and thereupon he prays that Congress would order the balance that is due him to be paid without delay--your Committee on this Statement are of opinion,
That the President should issue a warrant on the treasury in favor of Seth Harding, for twelve hundred dollars, and that the same be charged to his Acct.1
[Note 1: 1 This report, in the writing of William Grayson, is in the Papers of the Continental Congress, No. 19, III, folio 45. The indorsement states that it was read on this day.]
[Motion of Mr. Charles Pinckney]
That the account of Lieut. Elholm (late of Count Pulaski's legion) against the United States be referred to the paymaster general to settle and adjust and that he report thereon to Congress and that the executive of the State of South Carolina be requested to advance the said Lieut. Elholm one thousand dollars on account of the United States and that the said State be credited for that sum in the next requisition.2
[Note 2: 2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 167, folio 219. It was offered on this or an approximate date and, with the report on Elholm's claim, was recommitted to the committee of April 4.]
[Motion of Mr. James Monroe]
That a committee be appointed to revise and report what alterations, if any, are necessary to be made in the instructions given to the commissrs., authoriz'd to enter into commercial treaties with powers.3
[Note 3: 3 This motion, in the writing of Monroe, is in the Papers of the Continental Congress, No. 36, II, folio 553. It is indorsed, by Monroe, as referred to Mr. [James] Monroe, Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [William Samuel] Johnson and Mr. [John] Lawrance. Committee Book No. 190 states that a report was made June 2.]
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The Committee [consisting of Mr. Charles Pinckney, Mr. R. R. Livingston, Mr. Rufus King, Mr. James Monroe and Mr. John Beatty] to whom were referred a Letter of theof December from the honorable Cyrus Griffin and John Lowell, Esquires, Judges of the Court of Appeals, and a Motion of Mr. [David] Howell's, Report,
That in the oppinion of your committee, the present judges of the court of appeals must still be considered as in commission, no information having been communicated to Congress of their intention to resign. They farther report as their opinion, that it will be necessary the court of appeals should remain upon the present establishment, except with respect to the salaries of the judges, and that in lieu thereof they shall be entitled todollars per day, during the time they shall attend the sitting of the courts, and including the time they shall be necessarily employed in travelling to and from the said courts. That the present judges should be acquainted with the resolution of Congress upon this subject.1
[Note 1: 1 This report, in the form of a printed broadside, is in the Continental Congress Broadsides, in the Library of Congress. According to Committee Book No. 190, the report was rendered this day. It was printed after April 4 in preparation for future consideration and on April 13 was recommitted. See ante, March 28.]
The Committee to whom was referred the Petition of Joseph Elliss, praying a re-hearing in the Case of the Sloop Hannah, condemned in the Court of Admiralty of the State of New-Jersey, a Reversal of which Decree was obtained before the Judges of Appeal; together with a Report of the Secretary of Foreign Affairs, in the Case between Daniel Darby, qui tam, Appellant, and the Imperial Brig Ersten and her Cargo, Pd. Thomson, Master, &c. beg leave to recommend that it be
Resolve, That the court of appeals be authorized in these and in every other cause before them, to grant rehearing of the same, whenever justice may in their opinion, require it; provided that such rehearing is applied for withinmonths after sentence; and provided also that an order for a reheating shall in no case suspend the execution of the first sentence, if the party in whose favor it may be, shall give satisfactory security for the payment of such costs and damages as the court, on rehearing the cause and reversing the sentence given in it, may think proper to award.2
[Note 2: 2 This report, in the form of a printed broadside, is in the Continental Congress Broadsides, in the Library of Congress. According to Committee Book No. 190, the report was rendered this day, and on April 13 was recommitted. See ante, March 28. The report is printed as the bottom half of the broadside, the top being the committee report on the letter of Cyrus Griffin and John Lowell and David Howell's motion.
April 4: The following committees were appointed:
Committee of the Week: Mr. [Melancton] Smith, Mr. [William] Henry and Mr. [Pierse] Long.
Mr. [William Samuel] Johnson, Mr. [Rufus] King and Mr. [Abiel] Foster, on their report on the case of Lieutenant Elholm. See post, April 18.
Mr. W[illiam] Henry, Mr. [Samuel] Hardy and Mr. [Abiel] Foster, on the petition of Daniel Elliot and Alexander Fowler "to be paid for advances made to troops at Fort Pitt." This committee was renewed August 8, and on September 28 the matter was referred to the Board of Treasury, which reported October 7.
Mr. [James] Monroe, Mr. [William] Grayson and Mr. J[ohn] Henry, on letter of April 1, 1785, from John Jamison, "payment of money, settlemt. of accots. for advances for a body of horse ordered to the Southward." A report was rendered June 27.
Mr. [Samuel] Hardy, Mr. [William] Houstoun, Mr. [David] Howell, Mr. [Samuel] Holten and Mr. [William] Grayson, on the memorial of Nathaniel Twining "offering a contract to carry the mails from N. York southward." The committee was discharged August 8 and the matter apparently transferred to the committee appointed on that day to enquire fully into the affairs of the Post Office and report. Twining's memorial is in the Papers of the Continental Congress, No. 41, X, folio 199, and his contract estimate is on folio 203. According to the indorsement his memorial was referred to Mr. Hardy, Mr. Williamson, Mr. Houstoun, Mr. Howell, Mr. Holten, Mr. Grayson and Mr. [Samuel] Dick.
Mr. [David] Howell, Mr. [Gunning] Bedford, Mr. J[ohn] Henry, Mr. [Charles] Pinckney and Mr. [William Samuel] Johnson, on the "Cession offered by delegates of Massachusetts in behalf of sd. State to the U. S." Report was rendered April 13. The Massachusetts act, authorizing this cession, dated March 17, 1785, is in No. 74, folio 217, and the form of the deed of cession of the western lands which was referred to this committee is in No. 30, folio 609.
Mr. [David] Howell, Mr. [Gunning] Bedford, Mr. [William] Ellery, on letter of March 26 from Robert Morris "with statement of public Expenditures during administration of Sup: f." The committee reported April 11. Morris's letter is in No. 137, Appendix, folio 381. A copy of the printed statement which accompanied it is in the Robert Morris Papers, in the Library of Congress.
Mr. [John] Beatty, Mr. [William] Grayson, and Mr. [Gunning] Bedford, on petition of William Popham, praying for reimbursement for pay depreciation while he was aide to Brig. Gen. James Clinton. The committee was renewed August 8. The petition is in No. 42, VI, folio 314.
Mr. [Samuel] Holten, Mr. [William] Ellery, Mr. [Samuel] Hardy, Mr. [James] Monroe and Mr. [Hugh] Williamson, on the letter, April 4, 1785, from John Mercer relative to his arrest for executing the orders of the Commissioners for negotiating with Indians in the Northern Department. It is in No. 78, XVI, folio 435. It is dated April 4 and was read this day. The committee was discharged May 26.
Mr. [Charles] Pinckney, Mr. [David] Howell, Mr. J[ohn] Henry and Mr. [William Samuel] Johnson, on the memorial of General John Sullivan, for reimbursement for loss of pay by depreciation. The committee was renewed November 30. See also post, May 16. The memorial, dated March 10, 1785, was read April 4 and is in No. 41, IX, 325.
Mr. [John] Bull, Mr. [William] Ellery and Mr. W[illiam] Henry, on the petition of officers of the late American regiment to be debited for the money they received from Dr. Hart and also this committee's report on Pierce's letter on the same subject. The committee was renewed July 20. The petition is in No. 42, VI, folio 113.
Also the petition of Dennis Leary, of the Andrew Doria, for pay, and the petition of Captain Seth Harding, were this day referred to Joseph Pennell, Commissioner for settling accounts in the Marine Department. He reported April 18.
Also, the letter of Dorsey Pentecost, of March 31, on intrusion on lands northwest of the Ohio, and the letter of March 10 from Andrew Ellicott, offering to continue the line between Pennsylvania and the United States west of Ohio, were referred to the committee of March 16 on locating lands in the Western Territory.
Also, "two paragraphs of report on his letter of 31 March" was referred to the Secretary for Foreign Affairs to take order. These paragraphs referred to William Stephens Smith and his mission abroad.
Also the following nominations were made for a Commissioner of the Board of Treasury "in room of Mr. Gervais." Nicholas Evelygh [Eveleigh] by Mr. [Charles] Pinckney, withdrawn June 23; Thomas Tillotson by Mr. [John] Vining; Thomas Johnson by Mr. J[ohn] Henry, withdrawn 30 May; Arthur Lee by Mr. [William Samuel] Johnson, elected July 27, 1785.
Committee Book No. 190.]
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