| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, SEPTEMBER 26, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina and Georgia; and from the State of North Carolina, Mr. [William] Cumming.
The order of the day being called for by a state, to proceed in the consideration of the requisition for 1785,
A motion was made by the State of South Carolina, seconded by the State of Virginia, to postpone the order of the day, in order to take up the following proposition:
Whereas several of the states in the Union have, from the peculiar circumstances of their situation, been obliged to assume debts due from the United States to individuals, citizens of the said States, for supplies furnished the federal army, from the first day of January, 1780, in the settlement of which, doubts have arisen with the Commissioners of the United States, respecting the powers given them, under subsisting resolutions of Congress, to settle and adjust the said
Page 755 | Page image
demands, upon the same principles as if they had remained in the hands of the individuals: And whereas it is just and reasonable, that the demands of a state, arising as aforesaid, from assumptions of debts due from the United States to individuals, for supplies furnished the federal army, should be liquidated and settled, upon the same principles as other demands against the Union; therefore Resolved, That where supplies have been furnished by individuals, for the use of the army of the United States, from the first day of January, 1780, and have been assumed by any state, the commissioner for settling the accounts of such a state with the United States, is hereby 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: provided that nothing contained in this resolution, shall be taken or construed to prejudice or affect the resolutions of February 25, and of the I June, 1780, or any other resolution allowing a state payment for supplies furnished the United States.
And on the question to postpone for the purpose aforementioned, the yeas and nays being required by Mr. [Charles] Pinckney,
{table}
Page 756 | Page image
So it passed in the negative.
Congress proceeded in the consideration of the requisition, and the following paragraph being under debate:
"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 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 admission 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 saiddayshall 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."
A motion was made by Mr. [James] McHenry, seconded by Mr. [David] Howell, to strike out these words, "But if any
Page 757 | Page image
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 on the question, shall those words stand? the yeas and nays being required by Mr. [James] McHenry,
{table}
So it was resolved in the affirmative.
A motion was then made by Mr. [Samuel] Hardy, seconded by Mr. [Charles] Pinckney, to strike out the whole above recited paragraph: And on the question, shall the paragraph stand? the yeas and nays being required by Mr. [Charles] Pinckney,
Page 758 | Page image
{table}
So it was resolved in the affirmative.
The following paragraph being under debate, "And every commissioner of the continental loan Office, previous to settling and South Carolina,issuing certificates as aforesaid, for the interest due on certificates of liquidated debts, Mr. Read, no shall administer an oath or affirmation, require a certificate signed by one of the Pinckney, 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, &c."
A motion was made by Mr. [James] Mr. McHenry, seconded by Mr. [William] Ellery, to strike out the words "Owner or,"
Page 759 | Page image
and after the word "certificate," to insert, "excepting where the certificate is produced by the original Owner."
And on the question to agree to this Amendment, the yeas and nays being required by Mr. [James] McHenry,
{table}
So it passed in the negative.
A motion was made by Mr. [James] McHenry,
After the words "certificates of liquidated debts," to insert "other than loan office certificates."
And on the question to agree to this Amendment, the yeas and nays being required by Mr. [James] McHenry,
Page 760 | Page image
{table}
So it was resolved in the affirmative.
A motion was made by Mr. [William] Grayson, seconded by Mr. [Samuel] Hardy, in the paragraph, "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, unless as hereafter provided, until the State, for which he is Continental loan officer, shall have passed a legislative act complying with this requisition, &c." After the word requisition to add, "And shall also have fully paid the requisition of the 27 day of April, 1784."
And on the question to agree to this amendment, the yeas and nays being required by Mr. [William] Grayson,
Page 761 | Page image
{table}
So it passed in the negative.
The paragraph, Provided nevertheless, &c. being amended to read as follows:
Provided nevertheless, that any state which shall have obtained a credit in the books of the treasury for a full compliance with the requisition of the 4th of Sept. 1782, for 1,200,000 dollars, with the requisition of 27 April, 1784, for completing the payment of one half of the requisition of 30 of October, 1781, for 8 million dollars, and also with this requisition, shall at any time after such compliances, 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, of the next succeeding requisition;
Page 762 | Page image
provided that such sum or sums do not exceed one half of the said quota.
A motion was made by Mr. [Samuel] Hardy, seconded by Mr. [William] Grayson, that the paragraph be altered to read as follows:
Provided nevertheless, that as the state of South Carolina has complied with the requisition for eight million, and has thereby obtained a payment of its quota of this requisition, the said state shall 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, of the next succeeding requisition; provided that such sum do not exceed one-half of the said quota.
On the question to agree to this, the yeas and nays being required by Mr. [Samuel] Hardy,
{table}
So it passed in the negative.
Page 763 | Page image
A motion was then made by Mr. [Gunning] Bedford, 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. [Gunning] Bedford,
{table}
So it was resolved in the Affirmative.
The Board of Treasury to whom was referred the letters of Timothy Pickering and Ralph Pomeroy of the 21st Instant relative to the settlement of the accounts of the late Quarter Master General's Department, beg leave to Report--
That the Commissioner for settling the accounts of the Quarter Master General's Department, be authorized & directed to settle the whole accounts of Timothy Pickering late Quarter Master General,
Page 764 | Page image
and his respective Deputies; any thing in the Resolve of the 27th February, 1782, to the contrary notwithstanding.1
[Note 1: 1 This report, signed by Walter Livingston and Arthur Lee, is in the Papers of the Continental Congress, No. 138, II, folio 269. According to the indorsement it was read this day and passed September 29.
On this day, according to the indorsement, was read a letter from the Secretary at War, dated September 24, reporting his inability to furnish returns of the Invalid Corps. It is in No. 150, I, folio 87. With it was submitted an "Estimate of one years pension for the Invalids in United States under the act of 7 June, 1785." It is in No. 151, folio 111.]
Septr 23d 1785.
The Committee consisting of Mr. [James] McHenry, Mr [Jacob] Read, and Mr [Charles] Pettit to whom were committed a motion of Mr. [James] McHenry beg leave to submit the following resolution.
Resolved, that it be and hereby is recommended to the several States to vest the U. S. in Congress assembled, with the sole and exclusive right and power of establishing and regulating post-offices throughout the U. S. and raising a revenue by exacting postage on the letters and papers passing thro the same, provided that the postage shall not exceed the following rates in pennyweights and grains of silver, estimating each pennyweight at 5 ninetieths of a dollar, to wit; For any distance not exceeding sixty miles one pennyweight, eight grains; upwards of sixty and not exceeding one hundred, two pennyweight; upwards of one hundred and not exceeding two hundred, two pennyweight, sixteen grains; and so on sixteen grains advance for every hundred miles and for all single letters to and from Europe or any foreign country by packet or dispatch vessels, four pennyweight: the above rates to be doubled for double letters, trebled for treble letters and a packet weighing an ounce to be charged equal to four single letters, and in that proportion if of a greater weight: and to the foregoing rates of inland postage an additional sum not exceedingupon every letter packet or dispatch which shall come into this post office from beyond sea by any other conveyance than packets or dispatch vessels and which are to be forwarded; but for all such as are not to be forwarded, whether inland or ship letters a sum not exceeding
Provided also that the net proceeds of the revenue be applied in the first instance to the extinguishment of the post office debt and the establishment of such cross posts throughout and within the
Page 765 | Page image
several States and in the western country or new States, as the United States in Congress assembled may judge proper.
Provided also that the residue of the revenue be for ever appropriated for the maintenance of public packets or dispatch vessels, and the support of vessels of war for the protection of trade; provided nevertheless that no part of the said residue be applied without the consent of nine States in Congress assembled.1
[Note 1: 1 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 61, folio 547. The indorsement states that it was read this day and Wednesday, October 5, assigned for its consideration. A further note: "60 Copies" implies that this report was printed. A printed copy is pasted in the Journal under date of October 31.
On this day, according to indorsement, was read a letter of September 26, from the Secretary for Foreign Affairs forwarding a petition from Pierre du Calvet.
It is in No. 80, I, folio 417. Calvet's petition is in No. 78, VIII, folio 435. It was referred to the Board of Treasury which reported September 29.
Also, a letter of September 14 from Governor Matthew Griswold, of Connecticut, acknowledging receipt of the letter of August 29 from the Secretary of Congress. It is in No. 66, folio 306.
Also, was read a letter of September 24 from Arthur Lee forwarding exemplified copies of treaties with the Indians. It is in No. 78, XIV, folio 669.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |