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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 --1WEDNESDAY, JULY 27, 1785.
[Note 1: 1 At this point Thomson resumes the entries in the Journal.]
Congrers 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. [Lambert] Cadwallader; from Delaware, Mr. [John] Vining, and from North Carolina, Mr. [William] Cumming.
A letter, of the 8th, from Samuel Johnston, esqr. was read, accepting the office of a judge of the federal court, for hearing and determining the Controversy between the states of Massachusetts and New York.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XIII, folio 347.]
Congress proceeded to the Election of a Commissioner to the board of treasury, and, the ballots being taken, Mr. Arthur Lee was elected, having been previously nominated by Mr. [William Samuel] Johnson.3
[Note 3: 3 See ante, April 4.]
On Motion of Mr. [Elbridge] Gerry, seconded by Mr. [Samuel] Hardy,
Resolved, That the Secretary of Congress be authorized and directed to employ the Commissioners of the Continental loan offices, or other persons, to procure thirteen copies of legislative acts of the state respectivelyapply to the Executives of the several states, for 13 copies of the legislative acts thereof, since the first of September, 1774, inclusiveto draw on the Board of Treasury for payment thereof.: that one set of the said acts be retained for the use of Congress, and that he deliver to the delegates of each State one set (exclusive of its own Acts) for the use of the legislature thereof. And the Secretary is further directed to adopt a similar mode for procuring the acts which may hereafter be passed as aforesaid, to the end, that every state, being thus informed, may have the fullest confidence in the other states, and derive the
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advantages which may result from the joint wisdom of the whole.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, III, folio 87. The parts lined out so appear in the motion and not in the Journal.]
Board of Treasury,
25th July, 1785.
Sir: In obedience to the order of Congress of the 22d. Inst., we do ourselves the honor of transmitting a copy of the Circular Instructions given by the late Superintendent of Finance to the Loan Officers of the respective States for the purpose of carrying into execution the Resolve of Congress of the 28th April 1784.
We do not find that any States have availed themselves directly of that Act of Congress respecting the issue of interest certificates, excepting the States of Massachusetts, New York, Delaware and Virginia.
In the State of Massachusetts betwixt the 1st April, 1784, and the 1st June, 1785, the whole sum received in taxes was 81,310 Dollars, of which paid in Interest Certificates 23,122 Dolls., this exceeds somewhat the proportion fixed by Congress.
In New York the Act of the State, and the payments in consequence, are in exact conformity to the Resolve of Congress.
In Delaware the sums received betwixt the same dates is 16,008 Dollars, of which paid in certificates 8,368 Dollars; which is more than one half, instead of the quarter part of the sum, as directed by the Resolve of the 18th April, 1784.
In Virginia there has been issued to the 30th June, 1785, in certificates 18,607 Dolls. none of these appear to have come into the hands of the Receivers;but the sum falls short of the proportion which that State is entitled to for its payments in actual money, provided more interest is due them.
We do ourselves the honor of laying before Congress an order of this Board of the 15th June last to the Register of the Treasury, from which that Honorable Body will observe the precaution taken to prevent any State obtaining a greater credit for its payments in certificates, than what is directed by the Resolve of Congress of the 28th April, 1784.
Though we have said that no States have directly availed themselves of that Act except those we have mentioned we did not mean to
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imply that no Interest Certificates had been issued from the Loan Office of any other State. It appears by the letter of Mr Olney of the 20th December, 1784 (copy of which we do ourselves the honor of submitting to the consideration of Congress), That the Legislature of Rhode Island have directed the General Treasurer (who if we are rightly informed is the Loan Officer) to issue interest certificates for the year 1783, but as this is not warranted by the Resolve of the 28 April 1784, we shall esteem it our duty to direct the Receivers in the several States to receive no further payments on that requisition but in the proportion and manner pointed out by the Resolve of the 28th April, 1784.
The State of Pennsylvania by an Act past at their late Sessions has made provision for the payment of interest due to her citizens by the United States, in a manner not conformable to the Resolve above mentioned.
It is needless for this Board to make any remarks on the deviation of the several States from the requisitions of Congress. Unless adequate means are taken for preventing it in future, it will be as vain for Congress to concert, as it will be for us to attempt to execute, any system of revenue for the general interest of the Union.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 139, folio 9. The indorsement on the Hindman motion of July 22 states that this report was read July 27. A copy of Olney's letter is on folio 13.]
Board of Treasury,
July 25th., 1785.
Sir: As we presume Congress have under consideration the Report of this Board on the Mode of settling the accounts of the several States with the United States, we do ourselves the honor of laying before them copies of letters lately received from the Commissioners of Public Accounts for the States of Virginia and South Carolina.
The Board have for some time observed with concern the slow progress making in several States of the Union in the settlement of the claims of individuals, whilst the accounts of the States was not-taken up, because, it was alleged they were not ready to be exhibited. It appears from the returns of the Commissioners for Virginia, and South Carolina, that in the month of June the amount of claims settled during that period in the former State was Ninety seven Dollars; in the latter only Twenty Dollars. This we can only impute to the
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sons given by the Commissioners, that these States are settling the claims of their Citizens, without the intervention of any officer on the part of the United States. Should this mode of settlement prevail in some States, whilst the line prescribed by Congress is adopted in others it will produce a dissatisfaction, highly injurious to the Peace of the Confederacy. Should it be general, it will be impossible to forsee the Limits of the National Debt; and altogether an unnecessary burthen on the public to continue the present Commissioners in employ, at a heavy annual expence.
We trust our communication on this subject will be imputed to the true cause from which it springs, an ardent desire to have the claims of the several States adjusted on such liberal, and equal principles, as may ensure the harmony of the Union, and lay the foundation of a general Revenue adequate to the exigencies of government.1
[Note 1: 1 This letter, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 140, II, folio 27. According to the indorsement it was read this day and referred back to the Board of Treasury to report.
On this day also, according to Committee Book No. 190, a petition of Benjamin Pierce, late gunner on the frigate Alliance, in behalf of himself and others, was referred to the Board of Treasury to take order. The petition, undated, is in No. 42, VI, folio 375, and is indorsed by Thomson as read in Congress May 22, 1786, and acted on June 7, 1786. Committee Book No. 190 also notes this latter date.]
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