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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, AUGUST 25, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, South Carolina and Georgia; and from the State of Rhode Island, Mr. [David] Howell, and from New Jersey, Mr. [Lambert] Cadwallader.
On the report of a committee, consisting of Mr. [John] Bull, Mr. [William] Ellery and Mr. [David] Jackson, to whom
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was referred a letter of 6 November, 1784, from J. Pierce, paymaster general; and a petition of the Officers of the late American regiment, dated 20 November, 1784,
The Committee [consisting of Mr. John Bull, Mr. William Ellery and Mr. David Jackson] to whom was referred the letters from Messrs. Pearce and Thompson, relating to the United States Lottery debt with the State of New Jersey Report That the Resolution of Congress of the 21st. December, 1782, on that head be adhered to-
The same Committee to whom was referred the application of John Blair setting forth that by Virtue of a General order, he was appointed Agent for the late 1st., ed. and the Jersey Regiment to settle with the paymaster Genl. and receive the Certificates for the arrears of pay due to the Officers & Soldiers of the sd. Regiments, agreeable to an Act of Congress of the 3d Novr. 1783 that he accordingly made the sd. settlement that in the issue of this business he had spent considerable time and incurred heavy expenses, and that he has remaining in his hands a considerable number of Certificates, and praying that some more may be taken for him to account for the trust reposed in him directing in what manner he is to be paid for his Services, and how the Certificates remaining in his hands, are to be desposed of Your Committee Submit the following Resolves That the Executive of the State of New Jersey be requested to receive and examine the Accts. of John Blair as Agent to the 1.3. and Jersey Regiment, and to make him such allowance in addition to the sum of twenty five dollars, allowed by the Resolution of May 27th 1778 to Regimental paymasters taken from the line of the Army, as they may think him entitled unto Resolved that John Blair lodge such Certificate as may be in his hands; in the Treasury Office of the State of New Jersey for the benefit of Such Soldiers or their legal representatives as maybe entitled thereto
The same Committee to whom was referred a letter from Charles Stockley setting forth that on the 30th. or 31st. of October after the reduction of Charleston, he was appointed paymaster to the Virginia line, and desiring that Congress would determine what additional pay should be allowed him while he acted in Said Capacity--Report that Charles Stockly should receive the pay allowed to a paymaster taken from the line by the Resolution of Congress of the 27th of May 1778 in addition to his pay as officer in the Line, during the time he Acted as Paymaster to the Virginia Line.
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The same Committee to whom was referred a letter from Jno Pierce Paymaster Genl. of the 6th Nov. 1784 referring to his letter dated July 11 1784 to the Committee of the States with its enclosures, Report * * * Upon this Statement your Committee are of opinion that the Conduct of the officers at West Point & particularly that of John Hart is reprehensible--That the Paymaster General John Pierce is accountable for the said sum of 2,276 53/90 dolls and that it is advisable that the Said Paymaster General should make a legal demand of Dr John Hart for the amount of the warrant delivered to him by Capt Condy, which said amount the Sd. John Hart received of John Lovell Esq. of Boston in the State of Massachusetts, and hath not accounted therefor.
Your Committee on reconsidering the matters recommitted to them respecting the conduct of the officers at West Point as also the Petition of the Said officers of the 28th Nov., 1784, in excuse of their conduct, Report--
That they see no new reasons offered by the Sd. officers, to induce them to alter their former report on this subject, therefore beg leave to refer to the same.1
[Note 1: 1 This report, in the writing of John Bull, is in the Papers of the Continental Congress, 21, folio 393. It is undated but appears to have been rendered on this or an approximate date and the business settled on August 25. See ante, August 17. The omitted portion is a verbatim reproduction of the report of August 17.]
Resolved, That the sum of two thousand two hundred and seventy six dollars and fifty three ninetieths of a dollar be charged by the paymaster general, to the accounts of the said Officers, and that the same be passed to his credit in the treasury.2
[Note 2: 2 On this day, according to the indorsement, was read a petition of Captain Pierre Ayotte, dated August 25, respecting Joseph Boyer Pelion. It is in the Papers of the Continental Congress, No. 42, I, folio 63. It is indorsed: "Aug. 26. Mr. Ayotte has leave to withdraw this." See post, September 12.]
On the report of a Committee, consisting of Mr. [James] Monroe, Mr. [Charles] Pettit, Mr. [Elbridge] Gerry, Mr. [James] McHenry and Mr. [Rufus] King, to whom was referred a Letter of 15th, from the Secretary for Foreign Affairs,
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Resolved, That the last paragraph in the instructions to the Secretary to the United States for the department of foreign Affairs, passed July 20th, 1785, for entering into a treaty, compact or convention with the Encargado de Negocios of his Catholick Majesty, in the words following:
"That the Secretary to the United States of America for the department of foreign Affairs be, and he is hereby instructed, previous to his making propositions to Don Diego de Gardoqui, or agreeing with him on any Article, Compact or Convention, to proposimunicate to Congress the propositions to be made or received relative to such Article, Compact or Convention," be repealed, and that the following be substituted in its place:
That the Secretary to the United States for the Department of foreign Affairs be and he is hereby instructed, in his plan of a treaty with the Encargado de Negocios of his Catholick Majesty, particularly to stipulate the right of the United States to their territorial bounds, and the free Navigation of the Mississippi, from the source to the Ocean, as established in their Treaties with Great Britain; and that he neither conclude nor sign any treaty, compact or convention, with the said Encargado de Negocios, until he hath previously communicated it to Congress, and received their approbation.1
[Note 1: 1 This proceeding was entered by Benjamin Bankson only in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4; a copy is in Secret Journal No. 6, Vol. III; the report, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 25, II, folio 441. See ante, August 17.
On this day, as the indorsement states, was read a memorial of James McLean praying for pay for service in the Invalid Corps. It was referred to the Secretary at War to report. He reported September 29. Committee Book No. 191 states that the report was transferred. The memorial is in No. 41, VI, folio 432.]
The Board of Treasury to whom was referred the Memorial of William Thompson Commissioner of Accounts for the State of Connecticut
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in order to ascertain, and Report on the matters therein contained, beg leave to report--
That it appears by the Deposition of the said William Thompson, that a certain Roger Wolcott of East Windsor in the State of Connecticut, did in the month of October, 1784, cause to be sold at Public Auction at Hartford in the State of Connecticut a Certificate issued by John Pierce Commissioner for Setling the Army Accounts, purporting to be for the sum of Eight hundred Dollars, the original Sum of which, was only Eight Dollars, and four ninetieths; which Certificate was purchased by the aforesaid William Thompson.
That the said Roger Wolcott finding himself detected, attempted to corrupt one of the Witness, in order to induce him to suppress his evidence; and employed his Sons in Law to compromise the matter with the said William Thompson, by making good the damage he had sustained in the purchase, both which attempts proved unsuccessful.
That although the Magistrate before whom the said Roger Wolcott was brought, declared on his first being apprehended that the said Roger Wolcott, should be Imprisoned, unless he could find Bail in the Sum of two hundred Pounds lawful Money of Connecticut yet he was afterwards admitted to Bail in a Moiety of that Sum by the said Magistrate, who alledged as a reason for mitigating the Bail that it was in consequence of a request from the first Judge of the County Court (Uncle to the said Roger Wolcott) and that if he had insisted on the Bail first proposed, the said Roger Wolcott must have suffered the Penalty of the Law, and the State would have thereby been deprived of the benefit of the Forfeiture.
That the said Roger Wolcott did not appear at Court at the term specified in the recognisance, whereby the Sum of one hundred Pounds became forfeited to the State of Connecticut, and that since this period, notwithstanding au Application has been made by the said William Thompson to the Chief Justice; Attorney General, and General Assembly of the State of Connecticut, no further legal process has been Instituted against him, nor any measures adopted for the more effectual suppression in future of that Species of Forgery, with which the said Roger Wolcott stood charged.
From the above premises, which are supported by the Papers which accompany this Report, the Board beg leave to observe--
That the Crime of Forgery, at all times destructive in its consequences to all Commercial Countries, becomes more extensively so in
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the State where the Evidences of the Public Debt, are very numerous, and dispersed amongst persons of all Ranks and Conditions.
That no benefit which any State can derive from the forfeiture of Recognisance entered into by persons charged with Counterfeiting the Public Securities, can be adequate to the evils thereby sustained by the Community in general, or tend to suppress the Commission of the Offence, which ought undoubtedly to be the object of every penal Law.
That, in the opinion of this Board, an uniform strictness, in the Laws of the several States, for punishing the crime of Counterfeiting or fraudulently altering the Public Securities, is essentially necessary to its suppression; since the mischievous ingenuity of Persons concerned in such fraudulent practices will readily discover, in what States the inefficacy, or mildness of the Law, will enable them to Execute their projects, in such a manner that the prospect of Benefits to be derived by their operations, will greatly over-balance the risque of detection.
From these Considerations the Board submit to the consideration of Congress the following Resolves.
That it be strongly recommended to the several States to Revise their Laws for preventing the Counterfeiting or fraudulently altering the Securities of the United States, so as to make the punishment adequate to the extensive and destructive consequences of this crime and to prevent any Persons charged with such offence from being admitted to Bail, but by the Authority of the Justices of the Supreme Court in the respective States.
That the Commissioners of the Board of Treasury be directed to signify to William Thompson Esqr Commissioner of Account for the State of Connecticut, that Congress have a due sense of his laudable exertions in endeavouring to bring the Authors of the Forgery mentioned in his Memorial to Condign punishment.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, II, folio 439. According to the indorsement on the accompanying letter from the Board, it was read this day. Thompson's memorial, dated July 11, is in No. 41, X, folio 209. See ante, July 12.
On this day, according to the indorsement, was read a letter of August 25, from Nathanael Greene respecting clothing supplied to the Southern Army by Hunter, Banks & Co., in 1781--2 and Greene's responsibility for payment. It is in No. 151, II, folio 710.]
August 24th 1785.
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Office for Foreign Affairs,
24 Augt 1785.
The Secretary of the United States for the Department of foreign affairs, to whom was referred the memorial of 17 January last from Jan Hendrick Christian Heineken, one of the agents of the Prussian Ship Minerva, touching a Decree of the Court of Appeals in cases of Capture, reports--
That it appears that the said Heineken did present another memorial on the same subject, and dated Octo. 1783, to Congress. That on the 8 Jany 1784--Congress did resolve that the said last mentioned memorial, with the Papers accompanying it, be referred to the Judges of the Court of appeals in cases of Capture, to report to Congress as speedily as may be, the Proceedings, Proofs and Judgment in the above mentioned cause.
That the said Judges have not reported the same, as by the said Resolution it was made their Duty to have done.
Upon this state of Facts your Secretary is of opinion that Inquiry should immediately be made by the Secretary of Congress, whether a Copy of the said Resolution has been and when transmitted to the said Judges, and if it shall appear that they did receive it in season, that then a Day be assigned for them to appear personally before Congress, to shew Cause why they have not obeyed it.
All which is Submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 This report is in the Papers of the Continental Congress No. 81, I, folio 365. According to indorsement it was read this day.]
Office for Foreign Affairs,
25 Augt. 1785.
Sir: I have the Honor of transmitting to your Excellency, herewith enclosed, a Letter from the Chargé des Affaires of France of the 20th Instant with a Memorial that accompanied it, from certain french Merchants to him, stating objections to Laws lately passed in New Hampshire and Massachusetts, respecting commercial objects.
I also enclose Translations of these Papers and have the Honor to be etc.
John Jay.2
[Note 2: 2 This letter is in the Papers of the Continental Congress No. 80, I, folio 341. According to indorsement it was read this day and referred back to the Secretary to report. Committee Book No. 190 states that report was rendered October 10; the indorsement further states that October 13 was assigned for consideration and that the letter and memorial were "transmitted to the Office of forn. Affairs Novr. 6, 1787."]
His Excellency
The President of Congress.
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