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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 --WEDNESDAY, AUGUST 3, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the State of Connecticut, Mr. [Joseph Platt] Cook; from New Jersey, Mr. [Lambert] Cadwallader; from Delaware, Mr. [John] Vining, and from North Carolina, Mr. [William] Cumming.
Congress resumed the consideration of the report on Supplies for the year 1785, and the clause, "As more than two thirds, &c." being amended to read as follows:
"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 opinion, that the several legislatures so 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 the interest due upon loan Office certificates, and upon other certificates of the liquidated debts of the United States; and to ascertain the evidences of interest due upon loan Office certificates, the holders thereof respectively shall be at liberty to carry them to the office from which they issued, and the holders of other certificates of liquidated debts of the United States, to carry the same 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 provisos:
Provided that the Commissioner of the continental loan office in each State, shall not, on any pretenee 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 states shall have passed a legislative Act for fully complying with this requisition, nor
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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 authorized 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 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 complying with this requisition.
A motion was made by the delegates of South Carolina, to amend the foregoing provisoes, by inserting between the words "the citizens of any other State," and the words, "And any Commissioner," as follows:
"Excepting from the operation of this proviso, such State or states as it shall appear by the books of the treasury, have
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paid their full quota of the requisition of theday offor eight millions of dollars, upon the former and present apportionment of the same, the Commissioner of the loan office, of which State or states shall issue certificates for interest in the same manner, as the states passing legislative Acts as aforesaid."
And on the question to agree to this amendment, the yeas and nays being required by Mr. [Charles] Pinckney,
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So the question was lost.
Mr. [Elbridge] Gerry then withdrew his provisos, and having made some amendments and additions, moved them again. After debate,
Ordered, That they be referred to the grand committee of the 1st.
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On the report of a committee, consisting of Mr. [William] Grayson, Mr. [David] Howell and Mr. [Rufus] King, to whom was referred a report of the Paymaster general, on a note from the Chargé des Affairs of his Most Christian Majesty,
Resolved (by 9 States), That in Consideration of the peculiar circumstances under which Col. Radiere, who died in the service of the United States, in the year 1779, entered the service, the pay master general be, and he is hereby directed to extend to his case, the benefit of the resolution of April 10, 1780, relative to depreciation.
Resolved, That the paymaster general be, and he is hereby directed to settle with the widows and orphans of officers who did not belong to any of the United States, entitled to seven years half pay, under the resolution of August 24, 1780, and to issue to them certificates therefor.
Resolved, That existing resolutions of Congress sufficiently provide for a just settlement of the Accounts of the late baron de Kalb; and that the pay master general be, and he is hereby directed to govern himself accordingly1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, II, folio 55. It was read and passed this day. It was also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, by Benjamin Bankson.]
August 2d. 1785.
The Board of Treasury to whom was referred a letter from the Secretary of Foreign Affairs of the 29th. July last enclosing a letter from Monsieur De Marbois of the same date, respecting a claim against the United States from the Representatives of the late Monsieur Du Coudray beg leave to Report
That the sum due to the Representatives of the late Monsieur Du Coudray in pursuance of the Resolve of Congress of the 25th. September, 1781, be ascertained by the Comptroller; that he cause a certificate to issue for the same, in the same form with those which have been given to the Foreign Officers late in the service of the United States; and that the Interest which shall hereafter accrue, shall be
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paid in like manner with the interest accruing on the Certificates above mentioned.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, I, folio 305. The indorsement states that it was read on this day.]
The Secretary of the United States for the department of war to whom was referred a memorial of Nathaniel Irish requesting certain emoluments, Report--
That the corps to which captain Irish belonged, was organized by several resolutions of Congress passed the 11th of February, 1778, under the denomination of Artillery-artificers and that Captain Irish has a commission as captain of artillery and commander of a company of artificers. That it appears by the same resolutions that the pay of the officers was established the same as others of equal rank in the continental artillery.
That on the 12th. of November, 1779, Congress Resolved, That the eleven companies of artificers raised by the Quartermaster general be reformed and incorporated and arranged in such a manner as the commander in chief shall deem proper and on the 16th of the same month Congress Resolved, That it be recommended to the several states to allow the corps of artificers established by Congress the 2nd instant all the benefits provided for officers and soldiers in the line of their quotas of the continental batallions, except the half pay.
That the allowance of pay subsistence and clothing of the officers and men of the said artificers be the same with that of the artillery artificers under the command of colonel Benjamin Flower.
That on the new arrangement of the 3rd. of October, 1780, Congress Resolved, That the regular army of the United States should consist of a certain number of regiments of cavalry, artillery and infantry, and one regiment of artificers which regiment was required of the state of Pennsylvania and on the 21st of October it was Resolved, That the officers who were then reduced and those who should continue in the service to the end of the war should be intitled to halfpay during life to commence from the time of their reduction.
It does not appear that any artificers were raised by Pennsylvania in consequence of the resolution of the 3rd of October, 1780, but there still existed some companies of the original regiment of artillery-artificers which were credited to the said state as part of its quota.
Although the ideas of Congress are clearly expressed with respect to those artificers established by the Resolution of the 12th of November,
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1779, yet as the regiment of artificers required by the act of the 3rd of October, 1780, is arranged as part of the army and no discrimination made respecting the rewards promised by the resolves of the 21st of the same month it is necessary that Congress should determine whether it was their intention that the officers of the regiment of Artificers who might continue in service until the end of the war should be intitled to the halfpay allowed to the officers of the line of the army.
As your Secretary is not possessed of the opinion of Congress upon this point he is unable to make a particular report upon the case of Captain Irish, especially as it is involved with other claims of a similar nature depending on the construction of the aforesaid acts of the 3d & 21st of October, 1780.
All which is submitted to Congress
H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 71. According to indorsement it was read this day and referred to a committee on August 9.]
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