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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 --FRIDAY, MAY 19, 1786.
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long; from Rhode Island, Mr. [James] Manning, and from South Carolina, Mr. [Charles] Pinckney.
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Congress took into consideration the report of a committee, consisting of Mr. [Arthur] St. Clair, Mr. [Henry] Lee and Mr. [John] Lawrance, to whom was referred a report of the Secretary at War, on the articles of War and courts Martial; and the following paragraph being under debate:
That all persons belonging to the forces of the United States, called to give evidence in any cause before a court martial, who shall refuse to give evidence, shall be punished for such refusal at the discretion of such court martial.
A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [John Bubenheim] Bayard, to strike out the words "belonging to the forces of the United States" And on the question, shall those words stand? the yeas and nays being required by Mr. [Rufus] King,
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So the question was lost, and the words were struck out. The Committee consisting of Mr. [Pierse] Long, Mr. [William] Blount and Mr. [Timothy] Bloodworth to whom was refer'd the report of the paymaster of army accts. on the Memorial of Mr. John
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Wheelock submit the following facts: That he was appointed a Lieut. Colo. in Colo. Beedles regiment on the 15 November, 1777, as appears by a Certificate from the Secretary at War and was disbanded with said regiment on the 27th. November, 1778. That he was directed by General Gates on the 27th. April, 1779, to proceed to Congress on public business, and has produced depositions and other evidence which to your committee are satisfactory, that he was, by the order of General Gates, continued in service from the time the Regiment was disbanded until the 20th. June, 1779, and ought to receive pay therefore; but as he was intitled to receive the usual rations and forage which were generally supposed to begranted in lieu of expences, his claims for Expences cannot be allowed
The Committee therefore Submit the following Resolution:
That John Wheelock late a Lieut. Colo. in Colo. Beedles Regiment be allowed the pay and Emoluments of Lieut. Colo. from the 15 November, 1777, until the 20th. June, 1779, and that the paymaster of army Accounts take order accordingly.1
[Note 1: 1 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress, No. 19, VI, folio 537. According to indorsement it; was read May 19 and May 29 "The Memorial and papers on which these reports are founded were withdrawn and delivered to Mr. Long." See ante, December 14, 1781.]
The Committee consisting of Mr. [Charles] Pinckney, Mr. [Rufus] King, Mr. [William Samuel] Johnson, Mr. [William] Grayson and Mr. [William] Hindman to whom were referred several memorials and petitions from persons claiming vessels in the courts of Admiralty in some of the states praying for hearings and rehearings before the court of appeals, Report:
That it appears reasonable and proper that rehearings or new trials should be granted in every case where justice may require it [under the limitations herein after mentioned.
That the Judges of the Court of appeals be authorised and directed in every cause which may be brought before them to grant reheatings or new trials of the same wherever justice and right may in their opinion require it; provided that such rehearing shall not be extended to cases which Originated previous to theday of; provided also that an order for a rehearing or new trial shall in no instance suspend the execution of the first sentence, if the party in whose favor it may be shall give satisfactory security for the payment of such costs and damages as the Court on reheating the cause and reversing the degree may think proper to award; and that the
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said Judges be entitled todollars per day during the time they shall attend the sitting of the said Courts, and including the time they shall be necessarily employed in travelling to and from the said Courts.
Resolved, That the said Court assemble at the City of New York on theday ofnext for the dispatch of such business as may then and there be before them.]1
[Note 1: 1 This report, in the writing of Charles Pinckney, except the portion in brackets which is in the writing of a clerk, is in the Papers of the Continental Congress, No. 28, folio 215. According to indorsement it was read May 19 and "25 May, 1786, Monday 29 May assigned for Consideration, passed June 27, 1786." The complete report, as submitted May 19, was only that part in Pinckney's writing; the part in a clerk's writing seems to have been the developments of the proceedings of either May 25 or May 29. A printed copy, bearing ms. alterations by Rufus King, is in No. 28, folio 201.]
The Board of Treasury to whom was Referred the Memorial of Thomas Chase, late Deputy Quarter Master General in the State of Massachusetts, Praying that his Accounts may be Adjusted by the Commissioner of Accounts for the State of Massachusetts, Beg leave to Report:
That a Compliance with the request of the Memorialist would Establish a Precedent, Subversive of the System adopted by Congress, for adjusting the Account, of the Staff Departments of the late Army.
They therefore Submit to the Consideration of Congress the following Resolve--
That the Memorial of Thomas Chase, late Deputy Quarter Master General for the State of Massachusetts, praying that his Accounts may be Adjusted by the Commissioner of Accounts for that State, cannot be complied with; but that the Memorialist be referred for the Settlement of his Accounts with the United States, to the Commissioner for such purpose Appointed by the Resolve of Congress of the 8th. Instant.
All which is submitted.2
[Note 2: 2 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress, No. 138, I, folio 215. According to indorsement it was read May 19; Committee Book No. 189 states that it was transferred.]
May 17th. 1786.
The Board of Treasury to whom was Referred the Memorial of Rachel Hart of the 24th. April last, Beg leave to Report:
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That the Memorialist in consequence of Embarrassments occasioned by the Death of her late Husband (who attended the British Prisoners during the late War, in the capacity of a Surgeon, in the State of Maryland) solicits the payment of a Certificate granted to her deceased Husband, for the Services abovementioned.
On this Application the Board beg leave to observe that, as the United States in Congress have called upon the several States to make provision for the Payment of the Interest due on the National Debt, without any prospect of obtaining Funds in any degree adequate to this purpose, it would be improper to attempt the payment of the Principal of any Liquidated Claims, under any Circumstances whatsoever.
They therefore Submit to the Consideration of Congress the following Resolve:
That the Memorial of Rachel Hart praying Payment of a Certificate issued to her late Husband on account of Services is Inadmissible. All which is humbly submitted.1
[Note 1: 1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress, No. 138, I, folio 589. According to indorsement it was read May 19; Committee Book No. 189 states that it was transferred.
May 19: The following committee was appointed: Mr. [Stephen Mix] Mitchell, Mr. [John] Keen and Mr. [Rufus] King, on a "Letter of May 16th. Gen! Butler with a speech from Capt. O'Beal." A report was rendered May 22. Butler's letter, with O'Beal's speech is in No. 56, folios 391-397.
Also "the Memorial of Francis Cazeau, for the settlement of his accounts; in the usual manner" was referred to the Board of Treasury to take order. According to an indorsement in No. 41, II, folio 293, on May 27 the Secretary for Foreign Affairs was ordered to "transmit copies of the papers to Mr. Jefferson-order taken & papers returned to the Board of treasury June 9th., 1788." This proceeding was also entered in Resolve Book No. 123.
Also, the report of the Secretary for Foreign Affairs "on Mr. Pintard's letters of 5 & 12 Decr., 1785. To inform Mr. P. that his letters have been laid before Congress and that they are much pleased with his vigilance and exertions in the instances mentioned in them," was referred back to the Secretary for Foreign Affairs to take order. This proceeding was also entered in Resolve Book No. 123. Jay's report is in No. 81, II, folio 115.
Also, the report of the Secretary for Foreign Affairs, "on the representation of the Spanish Encargado de Negocios of the case of Capt. Pedro Ermano. To send a copy of the Representation to the Govr. of South Carolina and desire him to enquire and inform Congress whether or how far the facts stated therein are founded. To inform Mr. Gardoqui of this and assure him that on the arrival of the Governor's answer such further measures shall be immediately taken as circumstances may point out and justice require," was referred back to the Secretary to take order. The proceeding is also entered in Resolve Book No. 123. Jay's report is in No. 81, II, folio 111.]
May 18th., 1786.
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