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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 --MONDAY, AUGUST 29, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Connecticut, New York, Pennsylvania. Maryland, South Carolina and Georgia; and from the State of Rhode Island, Mr. [David] Howell; from New Jersey, Mr. [Lambert] Cadwallader; from Virginia, Mr. [Samuel] Hardy, and from North Carolina, Mr. [William] Cumming.
On motion of Mr. [Charles] Pinckney, seconded by Mr. [James] McHenry,
Resolved, That the 28th rule instituting and specifying the duties of a committee of the week, be, and it is hereby repealed; and that the said duties be in future performed by the Secretary of Congress; provided that no order shall be taken on any letter, petition, memorial or application whatsoever, until the same shall have been first read in Congress.1
[Note 1: 1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, III, folio 113. In No. 180, Reports of the Secretary of Congress, Thomson has entered: "The rule repealed is as follows: Rule 28. On every Monday after reading and taking Order on the public dispatches, a committee of three shall be appointed, who shall every morning during the Week report to Congress, the orders necessary to be made on such dispatches as may be received during the adjournment or sitting of Congress upon which no orders shall have been made."]
On Application of Mr. S. Osgood, one of the Commissioners of the board of treasury, for leave of absence for twelve or fourteen days,
Ordered, That leave be granted unto him accordingly.2
[Note 2: 2 Osgood's letter is in No. 78, XVII, folio 373.
On this day, according to Committee Book No. 190, the memorial of Samuel Tudor was referred to the Board of Treasury to report, which it did October 26. See ante, July 22.
Also, Mr. [David] Howell, Mr. [Pierse] Long, Mr. [Charles] Pettit, Mr. [Rufus] King and Mr. [Samuel] Hardy were appointed a committee "To revise the regulations of the treasury department and report an Ordinance for its future regulation." This was a renewal of the committee of July 11.]
Board of Treasury,
27th August, 1785.
Sir: Since the resolve of Congress of the 6th July last, directing the Board to report the allowances proper to be made to the Receivers
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of Continental Taxes, our Enquiries have naturally turned to the present Establishment and Duties of the Loan Officers, the manner in which they have executed their Trust, the effects which have flowed from the system, and how far it is compatible under the existing arrangement, to the new Trust reposed in it.
The Office was established by the Resolve of Congress of the 3d October 1776, the respective Officers were to be appointed by the several States which were to be responsible for the faithful discharge of their duty. They were to keep regular Books and to transmit to the Continental Treasurer a monthly account of the cash in their respective Offices; besides receiving monies on Loan, and answering the Drafts of the Treasurer, the annual interest was to be paid at the respective Offices.
Their allowance for all their services was by that Resolve to be, one eighth per cent on all monies brought in to their respective Offices.
By the resolve of Congress of the 29th of September, 1778, the Loan Officers were to be allowed two per cent on the mount of the past and future payments of Interest.
The manner in which have this office has been executed may be ascertained by the Letter of the Comptroller to this Board of the 20th Inst. Copy of which we do ourselves the honor of transmitting.
The effects which have flowed from the establishment of this office been such as might be naturally expected from Officers not personally responsible for the execution of their trust to those whose interest was confided in them--unsettled accounts, a non-compliance with the resolves of Congress and the instructions of the Treasury, and in some instances of importance an absolute deviation from them. Some striking proofs of the validity of this observation have come to the Knowledge of this Board. In several States the Loan Officers have issued certificates of interest beyond the period of tune prescribed by Congress, and in a late instance (the evidence of which is transmitted for the information of Congress) the certificates of interest issued in consequence of the Resolve of Congress of the 27th of April, 1784, have been more, than the principal and interest fairly due (estimating the principal loaned agreeably to the scale of depreciation as established by the Resolve of Congress of the 28th June 1780.)
If such irregularities in this office have prevailed in consequence of its present establishment, what evils may not be feared, when the Trust proposed, and the temptations of abuse are far greater, and
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the consequences of irregularities, (especially in the liquidation of the domestic interest) infinitely more extensive.
Without the gift of prophecy it may reasonably be inferred, that the Commissioners of the Treasury will never be able to ascertain what, if any monies, are in the hands of the several officers, to control its disposition, or to prevent those abuses in the payment of interest, which without the greatest vigilance will creep in, to the enormous augmentation of the national debt.
As it is one of the express duties of our office to digest and Report plans for Regulating and Improving the Finances, we beg leave to submit to the consideration of Congress the following plan for regulating the receipt of Taxes and payment of the interest due by the United States.
That it shall be the duty of the several officers appointed [Commissioners of the Continental Loan Offices in the respective States] to receive and Keep the monies arising from the Continental Taxes in the different States, and to pay the interest due from the United States, in the said States respectively: to keep their office contiguous as possible to Treasury of the State in which they may respectively reside And that they hold all monies collected within the several States on account of the Requisitions of Congress, subject only to the orders of Congress, or of the Board of Treasury.
That they shall make [agreeable to such mode as may be prescribed by the comptroller] weekly returns to the Board of Treasury of the money they may receive on account of the United States, and also of the certificates [which] issued by them conformably to the acts of Congress [they may issue] for the payment of the Interest on the Public Debt agreeably to such mode as shall be prescribed byComptroller of the Treasury, [in pursuance of the Acts of Congress].
That they form accurate estimates as often as called upon by the Board of Treasury, of the interest falling due monthly within their respective States, on Loan Office Certificates, and other liquidated securities of the United States. And that they keep accurate and distinct registers of the principal sums due, as well on the Liquidated, as Loan Office Debt.
That in all their Official transactions they govern themselves by the [Acts and] Resolves of Congress, or the orders of the Board of Treasury not repugnant thereto.
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That they make no appropriation of monies by them received on account of the United States (except for the purpose of payment of Interest agreeably to the Resolves of Congress) without the express order of the Board of Treasury: and that they submit to the Comptroller a State of their accounts [quarterly] for examination and allowance.
That the said Officers shall not directly or indirectly be concerned in Trade, and that previously to entering on the duties of their Office, they shall [severally] enter into Bonds to the United States of America, with two or more Sureties the Principals in the sum ofand the sureties in the sum ofrespectively; and further, they shall severally take and subscribe the Oath of Fidelity to the United States--and also an Oath for the due execution of their Offices respectively.--Certificates of which together with their several Bonds shall be transmitted to the Board of Treasury who shall cause the same to be recorded in the Comptroller's Office.
That they shall be allowed two per Cent on the Receipts and Payments of all Monies on Account of the United States, provided that not more than Fifteen hundred nor less than One thousand Dollars shall be allowed to any Officer for services, Office Stationery and all other incidental charges.
That in the payment of all monies they shall take Printed Duplicate Receipts, agreeably to such form as shall be transmitted to them by the Comptroller; one of which shall be forwarded [to the Board of Treasury] with their accounts in support of the payments made by them respectively.
That they shall also give Duplicate Receipts for all monies received by them in order that the several States may direct one of them to be forwarded to the Board of Treasury, who upon the receipt thereof, shall credit the State for the amount specified therein and charge the same to the Officer receiving it.
That it be recommended to the Legislatures of the respective States to direct their Treasurers to transmit to the Board of Treasury a monthly Abstract of all monies paid on account of the several States to the different officers [Commissioners of the Continental States to the L. O.] distinguishing the dates and amounts of the respective payments; and the sums paid in coin [actual money] from those in Interest Certificates.
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That on theDay ofCongress will proceed to the choice of Thirteen Persons to Execute the above Duties, who shall be denominated in future, Deputy Treasurers.
That all the Acts and resolves of Congress respecting [the duties] of the Commissioners of the Loan Office in the respective States made previously to this date be, and they are hereby repealed, and made void [declared to be void from and after the first day of January next] excepting the [requisitions of the 27 & 28 of Apl. 1784, the] Ordinance of the 20th. May 1785. [and the requisition of the 27th. of Sepr. 1785.]
Samuel Osgood.
Walter Livingston.1
[Note 1: 1 According to indorsement this report was read August 29 and September 5 assigned for its consideration. The lined type shows the words struck out in this consideration and the words within brackets were added. The report is in the Papers of the Continental Congress, No. 139, folio 79. A broadside copy, on folio 87, follows the manuscript report and gives the changes as above, in the writing of Charles Thomson. It gives also the following paragraph, by Thomson, not noted on the manuscript:
"That they be respectively allowed for all services and duties which are or may be annexed to their offices by any acts or resolutions of Congress or directions of the board of treasury a sum not exceeding 1,500 nor less than 600 dollars per annum exclusive of office rent, stationery, and other necessary charges and the wages of such clerks as may be previously authorised by the board of treasury who shall judge of the services aforesaid."]
The Comee. [Mr. John Beatty, Mr. Edward Hand and Mr. James Tilton] to whom was referred the Letter of the 29th of Novr., 1783, from the Secretary at War, with its inclosures, submit the following report.
That it appears from a return of the Troops retained in Service as late as the 4th Jany., '84, that the Commission of Majr. Beauman is dated on the 12th Sept., 1778, and by Genl. Knox's letter of the 29th Octr., '83, it is to be presumed, Majr. Perkins Commission bears the same date. Your Comee. are therefore of opinion that whatever rank they might have been intitled to in 1777, they cannot claim promotion under the resolution of the 30th. Septr. which expressly recites, "who hold the same rank now, that they held in the year 1777."
Your Comee. are further of opinion, that Capt. Lieuts. first and Second Lieuts. have been and ought to be Considered as distinct
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Grades in the Artillery. That in this Corps, appointments from second to first Lieuts. and from first to Capt. Lieuts. were always looked upon as a promotion and announced as such by a New Commission.1
[Note 1: 1 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 27, folio 281. The indorsement states that it was "Entd.--read. Aug. 29. 1785 Referred to The Secy. at War to take order in giving Messrs. Beaumont and Perkins the information contained in this report." The report was read January 30, 1784, and not acted upon until August 29, 1785. The names were Sebastian Bauman and William Perkins.
On this day, as the indorsement states, was read a letter of July 26 from Alexander Parker accepting the appointment of surveyor. It is in No. 78, XVIII, folio 549.]
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