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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 --THURSDAY, JULY 14, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the state of New Jersey, Mr. [Samuel] Dick, and from Delaware, Mr. [John] Vining.
The Secretary to the United States of America for the department of foreign affairs, to whom was referred his letter of the 12, enclosing a letter, of the 17th of April, from Mr. Thomas Barclay, containing a request for permission to return to America, having reported,
That for the reasons urged by Mr. Barclay, collectively considered, it would not be improper to permit him to come
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over next fall, and return early in the Spring; and that the Secretary for the department of foreign Affairs, be directed to write to him accordingly.
Resolved, That Congress agree to the said report.
On the report of the Secretary for foreign Affairs, on a letter of 26 October, 1784, from John Marsden Pintard, Commercial Agent of Congress at Madeira, requesting leave of absence for four or five months,
Resolved, That Mr. Pintard have the leave he requests.1
[Note 1: 1 The resolutions with reference to Barclay and Pintard were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, by Benjamin Bankson.]
According to Order, Congress went into a committee of the whole.
The Board of Treasury on the motion of the Honorable Mr. [David] Howell of the 8 [7] July instant, beg leave to Report.
That the Settlement of the Accounts of the several States with the United States, is in their Opinion an object of the greatest magnitude; and that a longer delay in making the most efficacious Arrangement for attaining this end will tend to destroy the harmony of the Union, and blast all hopes of collecting a General Revenue in any degree adequate to the exigencies of Government.
That the Commissioners appointed in the several States for this purpose are at the same time vested with powers to settle with Individuals
That the Accounts of scarcely any State having been exhibited to the Commissioners, and the Claims of Individuals most urgent for Settlement, no commencement has been made in the Examination of the Accounts of any State (so far as has come to the knowledge of this Board) except those of Connecticut
That altho' the powers vested by Congress in the said Commissioners for settling Accounts with Individuals are as extensive as a regard to the Public Security can possibly admit of (it being in the option of the Commissioner, where Vouchers are not produced, to permit the Claimant to Substantiate his Demand on Oath) embarassments and delays have unavoidably arisen in the Execution of this Trust, owing in a great degree to the caution which a faithful Officer will ever excercise in disposing, on his mere Judgement, of the property of the Public.
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That the principle would inevitably operate in a far more powerful degree in liquidating the Accounts of the several States with the United States from the magnitude and complicated nature of the Accounts, the defect in numerous instances of general principles of Settlement, and the impracticability of substantiating the Claims of a State (where no vouchers are produced) in the same manner with those of Individuals
That in the Opinion of this Board, it would be inconsistent with those principles of equality which ought to Govern in the settlement of the Accounts of the Individual States with the United States to vest the Commissioners with those extensive powers, in settling the accounts of the State, which they have a right to Exercise in the case of Individuals; since a difference of Judgement in the Commissioners, an inability to resist the influential importunity of the State in which they Act, and the limited point of View in which they must necessarily consider those Claims, which are not supported by the express Resolves of Congress, may so alleviate the burthen of one State at the expence of another, as to introduce a spirit of dissatisfaction, highly injurious to the Peace of the Confederacy.
That to Establish a new Commission to Settle the Accounts of the States, distinct from those of Individuals, would not only Burthen the Public with a heavy additional Expence but expose the Public to the hazard of admitting far greater Claims than they ought to be chargeable with; since in numerous instances, great Advances have been made by several States to Public Officers, and Claims of Individuals against the United States have been Assumed, which can no otherwise be checked than by an uniform Controul in the settlement of Accounts under the Exercise of a single Will--
That a very great progress having been made in the Settlement of the Claims of Individuals throughout the States, the Commissioners will have more leisure than they have heretofore had to take up the State Accounts: and that in case of need an Arrangement may be made for proceeding with the remaining Accounts of Individuals, whilst the attention of the Commissioner is devoted to the settlement of the State Accounts. From these Considerations, the Result of mature Reflection the Board submit to the Judgement of Congress the following Resolves
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January, 1782, and that they devote their unremitted attention to the Examination and Settlement of the same.
Resolved, That the Commissioners of the Board of Treasury be Authorized either to Appoint, or to permit an Assistant Commissioner to be appointed in such State where the multiplicity of Accounts may render it essential to an expeditious Settlement with a Salary not exceedingDollars per Annum; And that the Assistant so Appointed having first taken the usual Oaths of Office proceed under the direction of the principal Commissioner to Settle the Accounts of Individuals not hitherto Liquidated.
And Whereas several States in the Union may Claim the privilege of charging the United States with sundry Expenditures alledged to be made for the common Cause, though not supported by the Special Acts of Congress. And it being essential to the peace and Welfare of the Union that such Claims should be Adjusted on uniform principles,
Resolved, That the several States be called upon to Exhibit without Delay to the Board of Treasury their Claims against the United States under the Description above mentioned with such Vouchers, Evidence and Motives of Expenditure, as they may think necessary to support their respective Pretensions; And that if any State shall neglect, within Twelve Months to Exhibit the same, it shall be precluded from all further privilege of exhibiting Accounts, under the description above mentioned.
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Resolved, That the Board of Treasury proceed to Examine and arrange such Accounts as are from time to time Exhibited, and that they Report to Congress such principles for determining those Claims, as they shall judge most consistent with general Justice and the Public Interest.
Resolved, That the United States in Congress will after Twelve Months computed from the Fifteenth Day of August next, take up the merits of all pretensions of the several States under the description above mentioned
That the said Accounts shall be finally determined on within Eighteen Months computed from the above Date and the several States after that period be forever precluded from all pretension of Claims under the above Description.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 139, folio 37. According to the indorsement, it was read this day and July 20 assigned for its consideration. Howell's motion was made on July 7. See also Ellery's motion of July 8. Committee Book No. 191 states that the report was referred to the Grand Committee but gives no date for the assignment.
On this day, according to indorsement, resolves of the General Assembly of Pennsylvania of April 8, on the memorial of merchants and traders of Philadelphia touching an expansion of the powers of Congress to regulate trade, were referred to the committee of the whole. The Pennsylvania resolves are in No. 69, II, folio 503.
Also was read a letter of June 30, from Governor William Moultrie, acknowledging letters of May 28 and 31 and June 2. It is in No. 72, folio 571.
On this day, according to Committee Book No. 191, the report, on the petition of Marianne McClure was passed. See ante, July 13. Also the claim of Du Cheneau was similarly acted upon.]
The President resumed the chair, and Mr. [Samuel] Holten reported, that the committee have farther considered the subject referred to them, but not having come to a conclusion, desire leave to sit again.
Resolved, That leave be granted to sit again on Monday next.
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