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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, JULY 26, 1785.
Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the state of
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New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [Lambert] Cadwallader, and from North Carolina, Mr. [William] Cumming.
A motion was made by Mr. [James] Monroe, seconded by Mr. [John] Haring, to repeal the resolution passed yesterday directing, "That in any state where the United States in Congress assembled, may hold their sessions, the taxes collected in such state, in consequence of the general requisitions, and not appropriated for the payment of interest on the domestic debt, shall in the first instance be paid into the treasury of the United States, any thing in the resolution of the 15 April last to the contrary notwithstanding," be repealed.
And on the question to agree that the same be repealed, the yeas and nays being required by Mr. [David] Howell,
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So it was resolved in the affirmative.
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On the report of the committee of the week, consisting of Mr. [Jacob] Read, Mr. [Lambert] Cadwallader and Mr. [William] Cumming, to whom was referred a letter of the 13 July, from Oliver Wolcott, esqr. informing, that his domestic affairs are such, as renders it impossible for him to attend the western treaty, and therefore tendering his resignation, and requesting that Congress would be pleased to accept it;
Resolved, That the United States in Congress assembled, do accept the resignation of the said Oliver Wolcott, and that the Secretary of Congress communicate to Mr. Wolcott, the acceptance of his resignation.
On motion of Mr. [Rufus] King, seconded by Mr. [Samuel] Holten,
Resolved, That tomorrow be assigned for electing a Commissioner for negotiating with the Western Indians, in the room of Mr. Wolcott resigned.1
[Note 1: 1 On this day, according to Committee Book No. 190, Maj. Gen. Robert Howe was nominated by Mr. [Jacob] Read for Commissioner to negotiate with the Western Indians in the room of Mr. Wolcott, resigned. See post, August 9.
Mr. Timothy Edwards was nominated by Mr. [Samuel] Holten and his name withdrawn August 26.
Mr. Timothy Pickering was nominated by Mr. [John] Lawrance and withdrawn August 5.
Col. Adam Comstock was nominated by Mr. [David] Howell and withdrawn August 5.
Maj. Gen. [Samuel Holden] Parsons was nominated by Mr. [William Samuel] Johnson. See post, September 21.]
The Delegates for the State of New York, laid before Congress a Copy of the laws of the legislature of that State at their last Session, among which are the following Acts:
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[Note 1: 1 A memorandum of this, in the Papers of the Continental Congress, No. 67, folio 497, states that thirteen copies of the laws were presented, one copy for the use of Congress and a copy for the delegation of each state.]
The committee, consisting of Mr. [William] Ellery, Mr. [James] Monroe, Mr. [Richard Dobbs] Spaight and Mr. [James] McHenry, to whom was referred the petitions of Maurice Desdevens, having reported,
That upon Maurice Desdevens' delivering to the board of treasury, two certificates belonging to him, one for 82 82/90 dollars, and the other for 183 15/20 dollars, the said board take order for paying him the amount thereof, with the interest due thereon.
Ordered, That this be referred to the board of treasury to take Order.
Congress resumed the consideration of the report on the subject of Supplies for the year 1785, and the following paragraph being under debate, viz.
"As more than two thirds of the sum called for, is to be applied to the payment of interest on the domestic debt, the committee are of
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opinion, that the several legislatures be allowed so to model the collection of the sums called for, that one third of any sum being paid in Actual money, the other two thirds may be discharged by discounts of interest with domestic creditors; and to ascertain the evidences of interest to be discounted, the holders of the certificates shall be at liberty to carry them to the office from which they issued, and the holders of other certificates and liquidated debts of the United States, to carry them to the loan office of that State, wherein they are inhabitants, or if a foreigner, to any loan office within the United States, and to have the interest due thereon settled and certified to the last day of the year 1784."
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Rufus] King, to add the following provisoes:
"Provided that the commissioner of the continental loan Office in each state, shall not, on any pretence whatever, settle or issue any certificate or certificates, for the interest due on any continental loan office, or other certificate of liquidated debts aforesaid, until such state shall have passed a legislative act for fully complying with this requisition, nor shall he issue any certificate, or take any other measure, whereby the interest may be paid by the state, or a discrimination be made between the holders of loan office certificates, issued from his Office, who are citizens of that State and foreigners, or the citizens of any other state; And any Commissioner, who shall disobey this direction, shall be dismissed from Office by the board of treasury, who are authorised to fill up the vacancy; Provided also, that if any state shall not comply with this requisition, at their next session after the receipt thereof, the commissioner of the continental loan office, in such state, shall transmit to the Continental loan Office of some neighbouring state, which shall have complied, such checks of the certificates issued from his office, and such only as belong to foreigners or to the citizens of any other state, and take receipts for the said checks of the Commissioner receiving them, who is hereby authorised and
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directed to pay the interest due to the said foreigners and citizens, pursuant to this requisition; Provided also, that each Commissioner aforesaid be, and he hereby is directed to administer an oath, agreeably to the form that shall be transmitted to him by the board of treasury, whereby the holders of public securities, other than continental loan office certificates, shall be prevented from drawing the interest due thereon, unless they are foreigners or citizens of the state in which such Commissioner shall reside, and were owners of such public securities at the time, when the legislature of the said State shall have passed an Act fully complying with this requisition."
A motion was made by Mr. [Samuel] Hardy, seconded by Mr. [James] McHenry, to postpone the consideration of these provisoes, in order to take up the following proposition:
That where any state has furnished supplies for the campaign of 1781, said supplies not making a part or having been raised under any requisition calling for specific supplies, the Commissioner, &c. is hereby authorised and directed to settle and adjust the sums due for the said supplies, and thereupon issue a certificate or certificates to such person or persons as may be authorised by the state to receive the same, which certificate or certificates shall be entitled to the same interest and provision as other certificates, of liquidated debts, due to individuals by the United States.
And on the question to postpone for the purpose above-mentioned, the yeas and nays being required by Mr. [Samuel] Hardy,
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[Note 1: 1 This vote is in the Papers of the Continental Congress, No. 36, III, folio 85.]
So the question was lost.
A motion was then made by Mr. [Charles] Pinckney, seconded by Mr. [Samuel] Hardy, to postpone the consideration of the provisoes, in order to take up the following proposition:
2That in all instances where the State has assumed any debt due from the United States to Individuals, which may have accrued in consequence of supplies furnished the Army from the year 1781, inclusive, or in any other manner, and for which the Individuals would have been entitled to Certificates, had not such assumptions been made by the State, that in all such cases the State shall be considered as standing in the place of the Individuals, and entitled to all such advantages as they would have enjoyed had not such assumptions been made.3
[Note 2: 2 At this point Benjamin Bankson commences the entry in the Journal.]
[Note 3: 3 This motion in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, III, folio 83.]
And on the question to postpone for the purpose above-mentioned, the yeas and nays being required by Mr. [Charles] Pinckney,
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[Note 1: 1 This vote is in the Papers of the Continental Congress, No. 36, III, folio 85.]
So the question was lost.
Board of Treasury,
July 26, 1785.
Sir: In obedience to the order of Congress, we do ourselves the honor of transmitting an Abstract of the allowances promised to the late Receivers of Continental Taxes, with a letter of the late Superintendent of Finance, explanatory of the same--
No account of the Receivers (excepting that of Mr. John Swanwick) has been finally adjusted at the Treasury; it is therefore the only one which we can at present lay before Congress2--
[Note 2: 2 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 139, folio 33. According to the indorsement it was read this day. The abstract is on folio 25; Swanwick's Pennsylvania account is on folio 29.]
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