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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 --FRIDAY, AUGUST 5, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from Rhode Island, Mr. [David] Howell; from New Jersey, Mr. [Lambert] Cadwallader.
On motion of Mr. [Jacob] Read, seconded by Mr. [Charles] Pinckney,
Resolved, That tuesday next be assigned for electing a Commissioner for negotiating with the Western Indians, in
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the room of Arthur Lee, esqr appointed a Commissioner of the board of treasury.1
[Note 1: 1 On this day, according to Committee Book No. 190, Mr. Evan Edwards was nominated by Mr. [Charles] Pinckney for Commissioner for negotiating with the Western Indians, in the room of Arthur Lee. His name was withdrawn September 21.
Maj. Gen. [Peter] Muhlenburg was nominated by Mr. [William] Grayson and withdrawn August 9.
Brig. Gen. William Irvine was nominated by Mr. [David] Jackson.
Maj. Gen. J[ohn] Sullivan was nominated by Mr. [Pierse] Long.
Also, according to indorsement, was read a second memorial from Pierre Regnier de Roussi, for depreciation. It is in No. 41, VIII, folio 353. See post, August 9.]
Congress proceeded to the Election of a chaplain, in the room of the revd. Mr. Jones, resigned, and, the ballots being taken, the revd. Dr. Rogers was elected, having been previously nominated by Mr. [Samuel] Holten.
The Committee [consisting of Mr. John Lawrance, Mr. Samuel Hardy and Mr. William Grayson] to whom was referred the memorial of Francis Lewis, Jacobus Van Zandt and Samuel Tudor Report That the said Memorial be referred to the Commissioners of the Treasury to make report.2
[Note 2: 2 This report in the writing of John Lawrance, is in the Papers of the Continental Congress, No. 19, IV, folio 141. According to indorsement it was read this day and passed August 15.]
The Comee. [consisting of Mr. David Howell, Mr. David Ramsay and Mr. James Habersham] to whom was referred a memorial (together with the report of a Comee. thereon) from Edward Phelon late a Captn. in the service of the U. States dated N. York Feb. 1784. beg leave to submit the following report.
Your Comee. find that the Memorialist, at the commencement of the late war, was an inhabitant of Halifax, in Nova Scotia, that he left his parents and friends (whereby he has been disinherited) and joined the American Army--that about the beginning of the year 1777 he was appointed an Ensign in Col. Henley's regiment in the Massachusetts line, that on the 30 of Nov., 1783, the Memorialist received the Commission of a Captn. in the Army of the U. States.
Your Comee. also find that the memorialist unfortunately received several wounds, while fighting for the Liberties of these States, under which he suffered, and for near four years bore the most excruciating
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pains, that during this time of misery he was without any other support from the public than what was given to officers in full health--and as he represents to your Comee. expended for Board for himself and servant (at a Boarding House) at a moderate computation about two hundred and twenty Guineas. That afterwards in the year 1782, tho' unable to bear the fatigues of a Campaign and a cripple he returned to service and acted as Aid de Camp to General Paterson; this zeal for the cause he had so Magnanimously espoused not permitting him to leave it 'till crowned with success.
It also appears to your Comee. by a certificate from the pay-office that the memorialist has not received the Commutation, in lieu of half-pay for life. And by a certificate signed by Eleven General Officers it is testified that the Memorialist served in the American Army: "With reputation to himself and advantage to the U. States," and he is recommended as "deserving the favour and consideration of Congress."
Whereupon your Comee. recommended the following resolutions Viz
Resolved, That the Board of Treasury take order for paying Edward Phelon, late a Captn. in the Army of the U. States the Sum ofdollars in compensation for the extra expences by him incurred while labouring under several grievious wounds received in the public service.
Resolved, That the Board of Treasury take order for Passed. advancing to Edward Phelon, late a Captn. in the Army of the U. States, and disabled by several wounds from procuring a livelihood for himself, the Sum of one thousand dollars, for which Sum he is to account, in case he shall hereafter take the benefit of the resolutions of thedayin favour of Invalids [or of the resolution ofgranting commutation in lieu of half pay for life.]1
[Note 1: 1 This report, in the writing of David Howell, except the clause in brackets which is by David Ramsay, is in the Papers of the Continental Congress, No. 19, V, folio 143. According to indorsement it was read this day. Roger Alden indorses it as "passed Sept. 1st. 1785" and Thomson: "The first resolution in this report debated 3 Octr., 1785, and after debate postponed." This seems to be a pen slip; the month meant was August. See ante, August 2.]
That the Secretary of Congress inform Mr. Hillegas Treasurer of the U. S. that his removal to New York to administer the duties of his office is indispensable. But that if he can so far arrange his private
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Affairs as to remove to this place by the 1st. of Octr. Congress will not proceed to the appointment of a person to succeed him.1
[Note 1: 1 This motion, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 36, III, folio 99. The indorsement states that it was made this day and referred to the Secretary of Congress to take order.
On this day, according to the indorsement, was read a letter from the Board of Treasury, dated August 5, reporting the sale of the frigate Alliance for 26,000 dollars in public securities. It is in the Papers of the Continental Congress, No. 140, II, folio 45.]
The Grand Committee consisting of Mr. [Abiel] Poster, Mr. [Elbridge] Gerry, Mr. [David] Howell, Mr. [Joseph Platt] Cook, Mr. [John] Lawrance, Mr. [Lambert] Cadwallader, Mr [Charles] Pettit, Mr. [William] Hindman, Mr [Samuel] Hardy, Mr [William] Cumming, Mr. [Jacob] Read and Mr. [William] Houstoun, to whom was committed sundry Motions, Report--That on the 31st. December, 1786, the accounts of the several States with the United States, as far as they may then be liquidated shall by the respective Commissioners adjusting the said Accounts be reported to the Board of Treasury, who shall order an Entry to be made in the Books of the Treasury (of such liquidation, and the ballance thereon to be struck) distinguishing the principal from the Interest, and on the 31st. Day of December in every succeeding year, the same mode shall be observed untill those accounts are finally adjusted. That the ballance of principal rims Annually ascertained to be due to any State shall bear an Interest of 6 per cent: per Annum, which Interest shall be included in the Estimate of the next, and of each succeeding Requisition, and be discounted from the quota of such State for the respective Year. And if any Ballance should be due to the United States from any State, it shall be charged with the Interest thereof, over and above its Quota of the said Requisition: Provided that nothing herein contained shall affect the Resolution of Congress of the 22d. of November, 1777, and of the 6th. of October, 1779, which are hereby confirmed nor shall any State be charged compound Interest on any such adjustment.
Provided also that claims for Continental Bills emitted before the 18th. of March, 1780, other than those for the payments made on the Quotas of such Bills of any State, pursuant to any Resolutions of Congress, shall not come within the purview of this resolution.
Provided, the Commissioner of the Continental Loan Office in each State shall without delay ascertain the sum paid by such State for
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discharging any of the Interest due on the domestic Debt contained in the Estimate of this Requisition, and shall make report thereof to the Board of Treasury and also to the Legislature of the said State, which may deduct from its Quota of this Requisition the sum so paid not exceeding two thirds of such Quota: every State being Nevertheless held to pay in specie one third of its quota aforesaid.
Where supplies have been furnished by individuals for the use of the United States and have been assumed by any State, the Commissioners for settling the Accounts of such State with the United States shall be authorized and instructed to liquidate such claims upon the same principles as though they had remained in the hands of the Individuals, and admit them as a charge against the United States.
The Grand Committee appointed theday ofto consider sundry motions referred to them beg leave to Report that after the words "year 1784" in the second paragraph after the apportionment of the requisition be inserted the following words:
Provided that the Commissioner of the Continental loan office in any State shall not on any pretence whatever settle or issue any certificate or certificates for the interest due on any continental loan office certificate or other certificate of liquidated debts aforesaid being the property of a citizen or Citizens of such State, until the said state shall have passed a legislative act complying with this requisition, nor shall he issue any certificate or take any other measure whereby the interest may be paid by the state in any mode not pointed out by this requisition or whereby a discrimination may be made by such state, between the holder of loan office certificates issued from his office who are citizens of that State and foreigners or the citizens of any other state. But the said Commissioner shall issue certificates for interest as aforesaid due on continental loan office certificates issued from his office to foreigners and also to the Citizens of such States as shall have complied with this Requisition, after administering or receiving a certificate signed by a Notary public of any State that he has administred to the person demanding interest the following Oath or affirmation, to which shall be annexed a schedule of the said certificates designating their dates, number, value, by whom signed and to whom issued.
I -- do swear (or affirm) that the loan office certificate (or certificates) mentioned and described in the list or schedule hereunto
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annexed was on theday ofbeing the date of this requisition and now are the property of a Citizen (or Citizens) of the State ofbeing a State which has passed a Legislative Act in compliance with this Requisition (or of some corporate body or charitable institution within the same) or of sonic Foreigner or Foreigners who is or are not a Citizen or Citizens of any of the United States (as the case may be) and that I do not present the said certificate or certificates with any fraudulent or collusive intention but in compliance with the true intent and meaning of the Reqn. of Congress. All which I swear, or affirm, without equivocation or mental reservation.
Excepting from this Proviso, such State or States as by the books of the Treasury shall appear to have paid their full quota of the Reqn. of the 30th. Octr, 1781, for eight Millions of dollars upon the former and present apportionment of the same so far as to admit the Commr of the Centinl. loan office in such State or States to issue certificates for interest in the same manner as the Commissioner in the States passing legislative acts as aforesaid,
Provided, nevertheless, that where any State hath made provision by Law for paying any part of the interest of the domestic debt of the U. S. contained in the estimate on which this requisn. is founded the Continental loan officer in such State shall without delay ascertain the sum which shall have been so paid pursuant to such law on or before theday ofnext and shall make report thereof to the Board of Treasury and also to the Legislature of such State who may deduct from their quota of this requisition and be credited in part payment thereof the sum so paid not exceeding two thirds of such Quota, every State being held to pay in specie one third part of the said Quota. And if any State shall have so paid in discharge of interest as aforesaid a sum exceeding two thirds of its quota of tiffs requisn. such surplus shall be admitted as a charge against the U. S. in the settlement of the general account of such State, but if any Interest after the saidday ofshall be paid by any State contrary to the true intent of this requisition such payment shall not be admitted as a charge against the United States. And any Commr. who shall disobey these directions shall be dismissed from office by the board of Treasury who are hereby authorized to fill up the vacancy and report the same to Congress.
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And every Commissioner of the Continental Loan Office, previous to his settling and issuing Certificates as aforesaid for the Interest due on Certificates of liquidated Debts, not the property of the State in which his Office is kept, shall administer or require a Certificate signed by the Register or Clerk of one of the Counties of the respective State, that he has administered, to the owner or possessor of every such Certificate, an Oath or affirmation, that the same was on theDay of[being the day on which the Act of the Legislature for complying with this requisition passed] and now is, bona fide, the property of a Citizen or Citizens of the said State, or of some Corporate Body or Charitable Institution within the same, or of some Foreigner who is not a Citizen of any of the United States, describing the Certificate or Certificates alluded to in every such Oath or Affirmation, in such manner as shall be necessary to identify the same, or as may be prescribed by the Legislature of the said State.
And for preventing the depreciation of Certificates to be issued as aforesaid, the Legislature of each State is required to provide in the Act for complying with this Requisition, that if on theday ofthe said State's Quota of the said Certificates so to be issued, shall not be in the Hands of the State Treasurer, or other proper Officer, the deficiency shall be collected and paid into the Continental Treasury in specie, which when so paid, is hereby appropriated to the Redemption of such surplus Certificates.
Provided nevertheless that any State which shall have obtained a Credit in the Books of the Treasury for the full payment of its Quota of this Requisition shall, at any time after such Payment shall have been compleated, be admitted to pay into the Treasury of the United States, any sum or sums in the said Certificates and have Credit for the same, to be deducted out of the whole Quota of such State of the next succeeding Requisition.1
[Note 1: 1 These reports, in the writing of Samuel Hardy and others, are in the Papers of the Continental Congress, No. 31, folios 259--270. According to indorsement, they were read this day. See post, September 13.
Also, a letter of August 1 from Mark McCall accepting the appointment of surveyor. It is in No. 78, XVI, folio 459.
Also, a memorial from Jonathan Trumbull, Jr., dated August 4, 1785, praying the payment of sums owed him. It is in No. 41, X, folio 239. See post, August 9.]
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