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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 --SATURDAY, SEPTEMBER 17, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina and Georgia; and from the State of North Carolina, Mr. [William] Cumming.
The paragraph last under debate yesterday, being amended to read:
And every commissioner of the continental loan Office, previous to settling and issuing certificates as aforesaid, for the interest due on certificates of liquidated debts, shall administer an Oath or affirmation, or require a certificate signed by 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, an oath or affirmation, that the same is bona fide the property of the particular state in which the said commissioner resides, or 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.
A motion was made by Mr. [James] McHenry, seconded by Mr. [David] Howell, after the words" oath or affirmation," where first recited, to insert, "if so required by the State."
And on the question to agree to this amendment, the yeas and nays being required by Mr. [James] McHenry,
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So it passed in the negative.
A motion was then made by Mr. [David] Howell, seconded by Mr. [James] McHenry, to strike out the whole paragraph.
And on the question, shall the paragraph, as amended, stand? the yeas and nays being required by Mr. [James] McHenry,
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So it was resolved in the affirmative.
The last paragraph in the report of the grand committee to be inserted as beforementioned, being amended to read as follows:
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 to be issued for interest as aforesaid, and have credit for the same, to be deducted out of the quota of such state, in the next succeeding requisition; provided that such sum or sums do not exceed one half of the said quota.
On the question to agree to this paragraph, the yeas and nays being required by Mr. [James] Wilson,
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So it passed in the affirmative.1
[Note 1: 1 This line is in the writing of Roger Alden.]
Board Of Treasury,
Sept. 16th., 1785.
The Board of Treasury to whom was referred the Memorial and Petition of Hugh Ferguson, beg leave to Report--
That they have conferred on the subject of the said Memorial with the Commr. for settling Accounts in the Commisy. Genl. Department, and find,
That the Commissr. in the liquidation of the said Account has governed himself by the discretionary powers vested in the Commissrs. for settling Accounts in the Staff Department by the Resolves of Congress of the 26th of August, 1780, and the 3d of June, 1784, the object of which is to ascertain the Specie value of services performed or supplies furnished at the places where the Monies were Expended without confining the Commr. to any particular scale for ascertaining such value.
That although the general rule adopted by the respective Commissioners in the settlement of Accounts, has been to ascertain the value of disbursements agreeably to the Scale of the State where such disbursements were made; yet where such scale, when applied to the cost of particular Articles differed from the bona fide specie price, the Commissrs. have exercised their Judgment in ascertaining the just value according to the best evidence they could obtain.
That by making any deviation from those principles by which so many claims have been finally adjusted, a precedent would be established which in its consequences might set afloat all settlements of
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Accounts which have been determined on by the respective Commissioners.
The Board beg leave further to Report--
That although by their conference with the Commissr. aforesaid, they axe fully of opinion that the prayer of the Memorialist for having the Balance found due him Estimated agreeably to the Continental scale ought not to be granted; yet that it is the opinion of the said Commissioner (from circumstances which have occurred to him since the first examination of the said account) that a revision of the same might operate more favourably to the Memorialist, with respect to the Balance than he was at first entitled to. On this head of the representation they therefore submit to Congress the following Resolve:
That the Commissr. for settling Accounts in the Commissy. General's Department, be directed to revise the account of Hugh Ferguson employed during the late War as a purchaser in the Commissy. Genls. Department. With respect to that part of the Memorial of the said Hugh Ferguson, which prays for payment of part of the principal or Interest of the Balance found due him the Board beg leave further to observe--
That as the Finances of the United States are in no degree adequate to make a partial payment to that numerous class of public Creditors whose pretentious are equally well founded with those of the Memorialism, he must wait the operation of those general measures which have been or may be devised by the United States for discharging the Interest of the National Debt.
All which is humbly submitted.
Samuel Osgood,
Walter Livingston,
Arthur Lee.1
[Note 1: 1 This report, in copy form, is in the Papers of the Continental Congress, No. 138, I, folio 401. The indorsement by Benjamin Bankson states that it was read this day and referred back to the Beard to take order. The report and order are also entered in Resolve Book No. 123 and the action is noted in Committee Book No. 190.]
Board of Treasury,
17th. Septr., 1785.
The Commissioners of the Treasury to whom was referred the Memorial of Tousaint Lopes, late a gunner in Colonel Cranes Regiment
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of Artillery; praying for the payment of the principal and interest of the certificates issued to him on account of pay, beg leave to report as their opinion--
That the prayer of the Memorialist cannot be granted.1
[Note 1: 1 This report, signed by Waiter Livingston and Arthur Lee, is in the Papers of the Continental Congress, No. 138, II, folio 23. According to the indorsement it was read in Congress September 19. See ante, September 14.
On this day, according to the indorsement, was read a letter from Robert Howe, dated September 18, informing Congress of the necessity of his returning to North Carolina before going to the Western Country. It was "Ordered to lie" and is in No. 160, folio 539.]
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