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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 --WEDNESDAY, OCTOBER 19, 1785.
Congress assembled. Present, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Maryland, South Carolina and Georgia; and from the State of New Hampshire, Mr. [Pierse] Long, and from Virginia, Mr. [Richard Henry] Lee.
On a report of a committee, consisting of Mr. [William] Grayson, Mr. [John] Lawrence and Mr. [Lambert] Cadwallader, to whom was referred a petition of W. Popham,
Resolved, That it be, and hereby is recommended to the State of Delaware, to settle the accounts of William Popham, late a captain and aid de camp in the service of the United States, agreeably to the resolve of Congress of the 21st of February, 1783.
[Motion of David Howell]
That the Board of Treasury superintend the conduct of all officers in the Treasury department, and of the several commissioners appointed for the settlement of the public accounts, and in case any of
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said officers unnecessarily absent themselves from their respective offices, or engage in any other business either of a public or private nature inconsistent with the duties of their appointments, that said Board make report thereof to Congress in order that such measures may be taken thereon as may be necessary.1
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 26, folio 569. According to indorsement it was made this day and referred to Mr. [Rufus] King, Mr. [David] Howell and Mr. [William] Hindman. Committee Book No. 190 states that they reported November 1. See also post, December 28, 1785.
On this day, as the indorsement states, was read a petition of Dominick L'Eglise, which was referred to the Board of Treasury to report. It is in No. 42, IV, folio 396; the Board's report was read October 24.]
Board Of Treasury,
17th. Oct., 1735.
The Board of Treasury to whom was referred the Petition of Daniel Gray of Stamford in the State of Connecticut, relative to a certain Balance claimed by him as an Assistant Commissary of Purchases under the late Commissary Trambull, beg leave to Report.
That having referred the said Memorial to the Commissioner for settling Accounts in the Commissary General's Department in order to ascertain the merits of the Claim of the said Memorialist, the said Commissioner has reported to the Board as follows:
"That the said Daniel Gray stands charged in the Books of the late Mr. Commissary Trumbull with the sum of sixty nine thousand five hundred Pounds 3/ lawful money of the State of Connecticut advanced to him as an Assistant Commissary of Purchases"
"That in the said Books no credit is entered in favor of said Daniel Gray for the expenditure of any part of the sum with which he stands charged; but that to account for the same, he produces several receipts signed by William Hoskins and Richard Phillips Assistants in the Commissary General's Office for Accounts and vouchers delivered into the said Office for examination, amounting (as sum'd up by the said Daniel Gray) to the sum of seventy three thousand nine hundred and sixty one Pounds, five shillings and eleven Pence lawful Money of Connecticut. That these accounts cannot now be found; and that the Memorialist therefore claims the supposed Ballance of four thousand four hundred and sixty one Pounds two shillings and eleven Pence, lawful money together with commissions of two and a half per cent on the whole expenditures"
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"That on a presumption that the said accounts and vouchers might have been delivered into the office of the Commissioners of accounts at Hartford, the returns made by the said Commissioners of accounts settled by them have been examined, and Although they consist of transactions under the said Commissary Trumbull the papers of Mr. Gray are not amongst them, neither does his name appear in their books"
"That of all the accounts which originated under the late Commissary Trumbull those of the Memorialist only are missing; that he has no copy of their general state, or any original entries to produce, from which the nature of the charges may be discovered"
"That the claims set up by the said Memorialist exceed the sum of twenty thousand specie dollars; and that the general opinion entertained of his character will not justify a blind and implicit confidence in the accuracy and propriety of his charges"
From this representation of the circumstances attending the claim of the Memorialist, The Board submit to the consideration of Congress the following Resolve viz,
That the Memorial of the said Daniel Gray cannot at present be taken under consideration.1
[Note 1: 1 This report, signed by Samuel Osgood and Waiter Livingston, is in the Papers of the Continental Congress, No. 138, I, 561. According to the indorsement it was read this day. Committee Book No. 191 notes that it was transferred.]
The Committee consisting of [Mr. William Ellery, Mr. Joseph Gardner and Mr. Hugh Williamson] to whom was referred the Memorials of [Captains Jordan and Wylie] several officers of the late Corps of Artificers, praying that in settling their accounts they be allowed the commutation of half-pay as founded on justice, or the Acts of Congress Beg leave to report.
That the claims of those officers do not appear to be founded on the usage of nations, nor in equity, they believe that half-pay has been allowed to military officers, partly from a regard to the hardships and personal dangers to which they were exposed, but chiefly from a consideration that by a long continuance in the military line, they may have lost those habits, by which they formerly had been enabled to provide for themselves or families, which reasons do not apply so fully to the officers of the Artificers.
Your committee are of opinion that their sole rule on this occasion must be the Acts of Congress respecting the Officers in the Corps of
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Artificers and they do not find any resolution by which they are entitled to half-pay or commutation, on the contrary they seem to be expressly cut off from any such claim.
The original Act of Congress of May 15th. 1778, by which half-pay was promised for seven years, confines the same to military officers, which certainly did not include the Artificers and your committee are of opinion that in all subsequent acts which relate to half-pay, the same denomination of officers must be intended unless in cases where other officers are expressly mentioned. Surely the Acts of October 2d., 1780, promising half-pay to officers who might be deranged never could be construed as giving half-pay to any class of officers who had no claim to half-pay had they continued in service to the end of the war.
If any doubts could have arisen whether the Artificers were intended in the promise of half-pay, it must be fully removed by the Act of the 16th. November, 1779. It was then resolved, that it be recommended to the several States, to allow the Corps of Artificers established by Congress the 12th. Instant all the benefits provided for officers and soldiers in the line of their quotas of the Continental Battalions, except the half-pay. After this pointed and express exclusion of those officers from the allowance of the half-pay your Committee are of opinion that nothing but a subsequent promise equally pointed and express, can give them a title to the same.
None such has been made, wherefore they submit the following resolve. That the officers of the late Corps of Artificers in the service of the United States are not entitled to half-pay or the commutation of halt-pay.1
[Note 1: 1 This report, in attested copy form, was enclosed in a report of the Secretary at War, of July 30, 1788, and is in No. 151, folio 381. It was also entered, by Benjamin Bankson, in Resolve Book No. 123, where it is noted, as is also the case in Committee Book No. 190, that it was referred October 19 to the Commissioner of Army Accounts to take order. A previous report dated August 9, 1785, of the Commissioner, John Pierce, on Jordan's and Wylie's memorials is noted by Committee Book No. 191 as filed on that date. See ante, March 24, and post, August 28, 1786.]
The Committee of the Week on the Memorial of Azariah Horton, late a Deputy Commissary Genl of Musters in the late Army of the United States, praying that he may be allowed the depreciation on his pay while he continued in service, beg leave to report,
That the case of Mr. Horton does not come within the purview of the act of Congress of the 10th. April, 1780, granting depreciation in the first instance, as the department to which he belonged was abolished the 12th. of January preceding and one year's extra pay allowed
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to each of the Officers who had continued in the department eighteen months previous to its abolition. The Committee therefore are of opinion that for the present, the prayers of said Horton's Memorial cannot be complied with.
The Committee of the Week on the Memorial of Richard Claiborne, late a deputy Quarter Master in the service of the United States praying for the allowance of depreciation on his pay during the time he was in service, which commenced the 12th day of September, 1778, and ended the 5 of August, 1780, the whole not being quite two years, beg leave to Report--
That the Act of Congress of the 10th of April, 1780, granting depreciation in the first instance does not comprehend the claim of Mr. Claiborne, they are therefore of opinion that the prayer of his Memorial for the present cannot be granted.
October 19, 1785: That the two foregoing Reports of the Committee of the Week on the Memorials of A. Horton and R. Claiborne be referred to the Secretary of Congress to take order.
Order taken 10 May, 1786. See Secretary's Letter Book p. 50 and 51.1
[Note 1: 1 These reports and order, were entered by Benjamin Bankson in Resolve Book No. 123. The reports however must have been made prior to August 29 or shortly thereafter as the Committee of the Week ceased to function at that date.]
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