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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 --TUESDAY, SEPTEMBER 13, 1785.
Congress assembled. Present as yesterday.
The Grand Committee consisting of Mr [Abiel] Foster, 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 were committed sundry Motions, Report,
That on the 31st. of 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 of such liquidation, to be made in the books of the treasury and the balance 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 until those accounts are finally adjusted. That the balance of the principal thus annually ascertained to be due to any State, shall bear an interest of six 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 balance shall 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.
Resolved, That where supplies have been furnished during the campaigns of 1780 and 1781 by individuals for the use of the United States army of the U. S. and have been assumed by any State, the commissioner for settling the accounts of such state with the United States, shall be authorised 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.
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The Grand Committee appointed as aforesaid, to consider sundry motions referred to them, beg leave to report farther, 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 ally state, shall not on any pretence whatever, settle or issue any Pass'd as taken into a [undecipherable.] 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 belonging to foreigners; and also to the citizens of such Postponed. states only as shall have complyed with this requisition after administering or receiving a certificate signed by a notary public of any state, that he has administered 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. Ido swear (or affirm) that the loan office certificate (or certificates) mentioned and described in the list or schedule hereunto annexed, was on theday ofbeing the date of this requisition, and now are the property of a citizen (or citizens) of the state ofbeing the 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 some 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 requisition 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 requisition of the 30th. October, 1781, for eight millions of dollars,
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upon the former and present apportionment of the same so far as to admit the commissioner of the continental loan-office in such state Passed. 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 United States, contained in the estimate on which this requisition is founded, the continental loan-officer in such state shall without delay, ascertain the sum which shall have been so paid, pursuant Passed. 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 previously to the emission of such credit; and if any state shall have so paid in discharge of interest as aforesaid, a sum exceeding two thirds of its quota of this requisition, such surplus shall be admitted as a charge against the United States, 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 commissioner of a continental loan office who shall disobey the directions contained in these requisitions Postponed for a new draft. 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.
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 particular State in which his office is kept, shall administer an oath or affirmation or require a certificate signed by the register of clerk of one of the counties of the respective state that he has one of the persons whom the respective state in the legislative act complying with this requisition shall appoint, that he has administered, to the owner or possessor of every such certificate of liquidated debts, an oath or affirmation that the same was, on theday of(being the day on which the act of the legislature for complying with
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this requisition passed) and now is, bona fide the property of the particular state in which his office is kept 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 This report, printed, is in the Papers of the Continental Congress, No. 26, folio 511. It is the report of August 5, on which Thomson and Alden have entered in manuscript the changes made by Congress. See ante, August 5, and post, September 24.]
Congress resumed the consideration of the requisition for 1785; and the grand committee, to whom were referred the provisoes moved by Mr. [Elbridge] Gerry on the 3d of August, having reported certain provisoes to be referred immediately after the words "and certified to the last day of the year 1784," a motion was made by Mr. [William] Ellery, seconded by Mr. [John] Vining, to postpone the first proviso reported by the grand committee, in order to take into consideration another to be substituted in place thereof; The part of the report moved to be postponed is as follows:
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
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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 holders 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.
The question for postponing being carried in the affirmative, the proviso moved by Mr. [William] Ellery was read as follows:
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 as aforesaid, unless as hereafter provided, until the state for which he is continental loan officer, 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; nor shall the commissioner of the continental loan office in any state that shall have complied with this requisition:, issue any certificate, or take any other measure whereby a discrimination may be made by such state, 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 that shall have complied with this requisition. Provided always, that any continental loan Officer shall issue certificates for interest as aforesaid, due on continental loan
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Office certificates issued from his Office, and belonging to foreigners, [and also to the citizens of such state as shall have passed a legislative act complying with this requisition as aforesaid.]1
[Note 1: 1 This proviso, in the writing of William Ellery, except the part in brackets which is in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 155. The vote is on folio 156 as well as in the Journal.]
On the question to agree to this proviso, the yeas and nays being required by Mr. [John] Vining,
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So as resolved in the affirmative.2
[Note 2: 2 On this day, according to the indorsement, was read a letter from Lt. Col. Josiah Harmar, dated September 1, forwarding a return of the troops at Fort Mcintosh. This is in No. 163, folio 487.]
Office of Secretary of Congress,
Sept. 13, 1785.
On the letter of 29 June, 1785, from Mr. Barré, which was on the 2d transmitted to Congress by the Secretary for the department of
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foreign affairs, and in which Mr. Barré claims the good offices of the said Secy. with Congress for a recompense for his services & states that "at the time of his last voyage to America he had reason to expect the Cross of Cincinnati and a grade in the American marine" and hopes that his request will be granted, &c.
The Secretary of Congress reports,
That a petition to the same effect from Mr. Barré was presented to Congress the 13th of December last and referred to a Comee. who reported, "That it would be adviseable to postpone a decision on his request until Congress should arrange and organize the marine department and then that the said petition should be referred to the Commissioner or Commissioners who may be appointed to superintend it". This report seems calculated to keep alive in the petitioner a hope and expectation, which must in part if not in whole be fruitless. The Cross of the Cincinnati Congress have not a power to grant. The application to them for it arose, without doubt, from a mistaken opinion that the Society of the Cincinnati was an Order of Knighthood similar to those Orders instituted by the Sovereigns of Europe. The captivity and sufferings of the petitioner, on which he grounds his claim to promotion, do not appear to be of such a nature as to entitle him to it. It does not appear that Mr. Barré ever held a commission from Congress or that he ever served on board a continental ship of war. On the contrary there is reason to believe that he was captured in a private armed vessel: And although his sufferings during his captivity were great yet they seem, by his own account, to have been owing to a suspicion of his being the Author of a mutiny and of having fired an 18 pounder which endangered the ship in which he was a prisoner. But had his claim to rank been much better grounded, such is the present state of the American Navy that it does not appear proper to grant it. For these reasons the Secretary of Congress reports as his Opinion,
Passed 6 Octr. Referred to Secy. for foreign affairs to take order. R. H. Lee That the letter of the 29 June from Mr. Barré and the papers accompanying it be returned to the foreign affairs to take order. Secretary for the department of foreign affairs and that he be informed that though Congress are touched with the account of the petitioner's sufferings they cannot with propriety grant his request.1
[Note 1: 1 This report, in Thomson's writing, is in the Papers of the Continental Congress, No. 180, Reports of the Secretary of Congress.]
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Office of the Secretary of Congress,
Sept. 13, 1785.
On the letter of the 8th from Richard Soderstrom stating that he "has been informed that some time since a representation on his subject was before Congress from Messrs. Sears and Smith" and praying to be furnished with a copy of the paper or papers referred to, The Secretary of Congress reports,
That the papers referred to came before Congress in an official Communication from the Secy. to the U. S. for the department of foreign Affairs, touching the irregular manner in which Mr. Soderstrom entered upon the execution of his Commission of Consul without a previous recognition or notification by the United States in Congress assembled. That they were returned to the Office for foreign Affairs; that the Secretary of Congress entertains doubts respecting the propriety of granting to persons concerned copies of information or intelligence coming through that channel.
The Secretary of Congress therefore reports,
That the letter of 8th from Richard Soderstrom be Agreed to Octr. 4, 1785. R. H. LEE. p. referred to the Secretary for the department of foreign Affairs to report.1
[Note 1: 1 This report:, in Thomson's writing, is in the Papers of the Continental Congress, No. 180, Reports of the Secretary of Congress. See post, October 7.]
The Committee consisting of Mr. [John] Kean, Mr. [Charles] Pettit and Mr. [John] Vining, to whom was referred a Letter of the 7th September, 1785, from the Board of Treasury enclosing one from de la Lande & Finje of July 1, 1785, Report--
That the Commissioners of the Treasury be and are hereby instructed to take such measures as will effectually secure to the United States the monies due from de la Lande & Finje, and that it be recommended to the Commissioners to use every Lenity which may consist with securing the same.
Ordered, That the above report be referred to the Board of Treasury to take Order.2
[Note 2: 2 This proceeding is entered in Resolve Book No. 123. The report, in the writing of John Vining, is in the Papers of the Continental Congress, No. 19, III, folio 403.]
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[Report of Mr. David Howell, Mr Charles Pettit, Mr William Samuel Johnson, on petition of William Irwine.]
The Committee to whom was referred the Petition of William Irwine and others, Report--
That it is stated in the Petition, that the Petitioners under a License from the Commissioners for treating with the Indians, established a Store-house on the West Branch of Big Beaver Creek.
That, finding at the said Place a Conveniency for making Salt, and considering it of great Importance, not only as an Object of Profit to themselves, but as beneficial to the Inhabitants of the neighbouring Country, to establish a Manufactory of that necessary Article, they have at a considerable Expence made Provision for carrying on such Manufactory, considering it as within their License from the said Commissioners.
The Petitioners farther State to your Committee that the Western Boundary of Pennsylvania being not yet fixed nor likely to be this year, it remains uncertain whether their Improvements are within that State, or on the Lands of the United States; that they had made considerable Progress in the undertaking before the late Proclamation and on a supposition that it would merit the Approbation rather than the Displeasure of Congress; but that they are Apprehensive the Officer commanding the Troops in that Country may conceive himself obliged to stop their Proceedings--They therefore pray the Protection of Congress, that the Said Officer may be instructed to permit them to pursue their Plan of Industry, and that they may have the preemption of the Land on which their Improvements are made if the same shd. prove to be the property of the United States.
Your Committee therefore submit the following Resolutions,
Resolved, That the Officer commanding the Troops in the Western Country, be instructed to permit William Irvine and others who as a Company have erected a Store, and are preparing a Salt Manufactory on Beaver Creek to proceed in the said Business.
Resolved, That if on ascertaining the Western Boundary f Pennsylvania the Seat of the said Store and Slat Works or either of them should prove to be on Lands which are the property of the United States, the Proprietors of the said Store and Salt Works shall be entitled to the preemption of the Township, or fractional Part of a Township, as the Case may be, which shall include the said Buildings and Works, according to the Division made by the Geographer of the
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United States; the said Proprietors paying for such Portion of Land such Price as shall be awarded by three Persons (or any two of them) to be chosen and agreed upon by the Geographer of the United States, and the said Proprietors; provided that such Price be not less than one Dollar per Acre, and that the Mode and Terms of Payment be according to the Directions of the Ordinance of the 20th of May last for the Division and Sale of Land.1
[Note 1: 1 This report, in the writing of Charles Pettit, is in the Papers of the Continental Congress, No. 19, III, folio 249. The indorsement states that it was read on this day. See ante, June 29.
September 13: The following committee was appointed:
Mr. [William] Grayson, Mr. [Pierse] Long and Mr. [David] Howell, on a letter of " 14 Sept" from Thomas Paine "to know what Congress mean to do for him." Report was rendered September 26. Paine's letter, undated, is in No. 55, folie 89.
Also on this day, the petition of Hugh Ferguson, respecting a settlement of his accounts, was referred to the Board of Treasury to report, which it did September 17.
Committee Book No. 190.]
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