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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, JUNE 7, 1786.


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Journals of the Continental Congress, 1774-1789
WEDNESDAY, JUNE 7, 1786.

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Link to date-related documents.

Congress assembled. Present as yesterday; and from Rhode Island, Mr. [James] Manning.

On a report of the board of treasury, to whom was referred a petition of Benjamin Pierce, late a gunner of the continental frigate Alliance, in behalf of a number of the late Officers and marines of the Said ship Alliance, when under the command of captain Peter Landais,

Resolved, That the board of treasury be directed to take such measures as may appear to them to be most effectual for procuring accurate returns of the Officers and men serving on board the Bon homme Richard, commanded by John Paul Jones, and the frigate Alliance, commanded by Peter Landais, at the time the captures were made by the late squadron under the command of John Paul Jones.

That the amount of the prize Monies paid by captain John Paul Jones, to the Order of the board of treasury, on Account of the Officers and crew of the vessels above mentioned, be by the said board distributed to the Officers and men entitled to receive the same, or to their proper heirs or assigns, in proportion to the shares respectively due to them, agreeably to the returns abovementioned, and the Ordinances of Congress in that behalf made.

The Board of Treasury to whom was Referred the Memorial of Donald Mc. Donald of the City of Albany, Beg leave to Report:

That the Petitioner states that during the time he was employed as an Hostler in the Public Stables at Albany, he received a Kick from Horse by which he has become so Cripple as not to be able to Maintain himself and Family, and prays that the Relief which has been granted by Congress to Invalid Soldiers may be extended to him.

On the above Application, The Board beg leave Go observe--

That the Annual Charge, which has accrued in consequence of the Provision made by the United States in Congress, for Officers and Soldiers who have been disabled in the Service of the United States, is already a considerable deduction from the Annual Requisitions which have been made by Congress; and that it would be therefore


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improper, in the Opinion of this Board, to Establish a precedent which might lead to augment it.

That however unfortunate the case of Memorialist is, the United States cannot be considered, under any greater degree of Obligation to make a provision for him, than if he had received the accident stated in his Petition, whilst in the Service of an Individual. That the Memorialist being an Inhabitant of the City of Albany is entitled to the same provision which is made in every District for the Support of Persons who are not able to provide for themselves.

They therefore Submit to the Consideration of Congress the following Resolve:

That the Petition of Donald Mc.Donald late an Hostler in the Public Stables at Albany, praying that the Provision made by Congress for Officers and Soldiers who have been disabled in the Service of the United States may be extended to him, cannot be complied with, the said Mc.Donald not coming under the description of the Characters for whom such provision was intended.

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, II, folio 85. According to indorsement it was read June 7.]

June 7th., 1786.

The Board of Treasury to whom was Referred the Memorial of Michael Smyser of York County in the Commonwealth of Pennsylvania, Beg leave to Report:

That the said Michael Smyser states that in the Year 1776, there became due to him, and the Men under his Command, as Captain in the Militia forming the Flying Camp, for Pay and sundry Arms and Accoutrements Supplied by the said Militia, the Sum of Three hundred and one Pounds, six Shillings, and three pence in Specie; and that the said Arms were procured on the Credit of the Soldiers Captured at Fort Washington, who were afterwards prosecuted for the same.

That in the Year 1779 he received a Warrant from the Board of Treasury for the above Sum, which was not however paid for want (as it was alledged) of Funds 'till some time in the Spring 1780, at which time the Money was so Depreciated that the Persons of whom the Arms were purchased declined receiving it.


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The Petitioner states that the Money which he then received he has now in his possession, and prays that some person may be duly Authorized to Receive the same, that his Account may be readjusted, and that he may be placed in a situation of doing justice to his Creditors.

On the Circumstances above mentioned, the Board beg leave to Observe--

That it does not appear that the Petitioner at the time when the parties, to whom the Money was due declined receiving it, made any Application for an Allowance on Account of Depreciation, or offered to return the same; hence a strong presumption arises, that at that time, no objection existed against the Receipt of the Money.

That it is contrary to the Established Forms of the Treasury to readjust Accounts, for the payment of which Warrants have been drawn and duly satisfied: That in the Opinion of this Board, this principle ought not to be departed from, but for reasons of a very extraordinary nature, which do not exist in the present case; and that where the transactions have been in Continental Money, and final Settlements made, a precedent would be established, by granting the prayer of the Petition, which might set afloat almost every Settlement which had been made by Public Officers, from the time a Depreciation of the Continental Money took place.

The Board therefore submit to the Consideration of Congress the following Resolve:

That the Petition of Michael Schmyser praying for a Readjustment of his Account with the United States, which was Settled and finally paid by a Warrant on the Treasurer on the 6th January 1780, cannot be complied with.

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, II, folio 335. According to indorsement it was read June 7 and September 4, 1786, "referred back to the Board of Treasury to report."
June 7: The "Petition of Saml. Davis for the reward of 500 dollars promised by proclamation to any person who should discover and make known the counterfeiters of final settlement notes" was referred to the Board of Treasury to report and report rendered June 12." Davis's petition, dated New York, June 6, is in No. 42, II, folio 330 and is indorsed as read June 7. A further indorsement by Roger Alden is: "See letter N. Adams of claims of Abbot for similar reward." See post, July 21.]

June 6th., 1786.

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