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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 --TUESDAY, JUNE 27, 1786.
Congress assembled. Present, New Hampshire, Massachusetts, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia.
On a report of the Secretary at War,
Resolved, That the resignation of lieutenant Michael Connolly be accepted.
A letter, of the 26, from J. Pierce, Commissioner for settling the Army Accounts, having been read, with sundry letters relative to claims of J. Sullivan, late an Officer in the cavalry of the United States,
Resolved, That Congress approve of the conduct of the pay-master general, in refusing the application of John Sullivan, for pay and commutation, the said John Sullivan having withdrawn himself from the United States without leave obtained before the conclusion of the War.1
[Note 1: 1 June 27: Also, was read, a letter of June 26 from the Commissioner for settling army accounts, respecting the claim of John Sullivan, late an officer in the Pennsylvania line. It is in No. 62, folio 135.]
On motion of the delegates of New Hampshire,
Congress proceeded to the Election of a Surveyor for the state of New Hampshire, in the room of Edward Dowse, who has resigned; and the ballots being taken, Mr. Winthrop Sergeant was elected.
On the report of a 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
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of the States, praying for hearings and re-hearings before the court of Appeals.
Resolved, That the judges of the court of Appeals be, and hereby are authorised and directed, in every cause which has been or may be brought before them, to sustain appeals and grant rehearings, or new trials of the same, wherever justice and right may, in their opinion, require it; provided that an order for a rehearing or new trial, shall in no instance suspend the execution of the first sentence, ff the party in whose favour it may have been, shall give satisfactory security for the payment of such costs and damages as the court, on reheating the cause and reversing the decree, may think proper to award; and that the said judges be entitled, each, to ten dollars 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 same:
Resolved, That the said court assemble at the city of New-York, on the first Monday of November next, for the despatch of such business as may then and there be before them; and that the Secretary of Congress take order for publishing these resolutions for the information of all persons concerned.
The Commissioner for Settling the accounts of the late Army to whom was referred the petition of John Stevens begs leave to report:
That Mr. John Stevens was appointed a Captain in a Connecticut Regiment in the Service of the united States on the 19th day of January, 1776.
That he was made a prisoner by the British troops at the Cedars in Canada on the 20th day of May in the same year.
That he was one of four Captains, left as hostages, for the performance of the articles of the Cartel settled on the 27th. day of May, 1776, between the commander of the American army in Canada and Captain Forster of the British Troops.
That it appears from the Copy of a Certificate given by the British Commissary of prisoners, that these hostages were not considered by the British as released until the 11th. day of February, 1782, when an exchange took place in lieu of the One of May, 1776.
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That Captain John Stevens has not received any Settlement of his accounts in any of the Offices of the United States.
That he did in may last apply by memorial to the Legislature of the state of Connecticut, for the Settlement of his accounts for pay and depreciation agreeably to the Recommendation of Congress in their act of the 25th day of May, 1781, which memorial was negatived by the Said Legislature.
Whereupon your Commissioner begs leave to submit the propriety and Justice of referring the claims of Cap. Stevens for pay and depreciation to one of the offices of the United States instead of the reference made in the act of May 25th, 1781, to the state in whose line he served at the time of his becoming an hostage.
All which is humbly Submitted.
Jno. Pierce.1
[Note 1: 1 This report is in No. 62, folio 141. According to indorsement it was read June 27, 1786, and acted on August 7.
Also, on this day, according to Committee Book No. 190, a "Petition of Lewis Marnay stating his loss of Vouchers &c." was referred to the Board of Treasury.
Also, according to the Journal, June 28, the report on the memorial of Dr. Robert Johnson was this day, on motion, referred to the Commissioner for settling the Accounts of the Hospital Department.]
Office of Army Accounts,
New York, June 26, 1786.
Office of Secretary of Congress,
June 27, 1786.
On the memorial of Chevallie stating that he is possessed of a bill of exchange drawn by genl: Lincoln in Charleston March 16, 1780, for 130,800 continental dollars on his Exy. S. Huntington then president of Congress and praying Congress to take into consideration the distressful situation of his father and order the amount of the above mentioned bill with interest thereon to be paid him.
The Secretary of Congress reports That the passed 28 June memorial of Chevallie jun be referred to the board of treasury.2
[Note 2: 2 This report is entered in Reports of the Secretary of Congress, No. 180. This entry seems an inadvertence by Thomson. See ante, 1785, September 22.]
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Office of Secretary of Congress,
June 27, 1786.
The Secretary reports That the petition of Capt. Duncan Campbell touching his expences in raising men and furnishing passed 28 June them with Arms blankets shoes &c. and the settlement of his Accounts be referred to the Comr. of Army Accounts to report.1
[Note 1: 1 This report is in the Reports of the Secretary of Congress, No. 180. A report was rendered September 1 and read in Congress September 4.]
On the letter of 24 from J. Pierce Comr. of Army Accots. accompanied with an extract from the public books of the monies unaccounted for by Col. Jos. Wood, stating that the said J. W. and many others who left the service before the Conclusion of the War have been called upon and have delayed or refused to account for monies put into their hands; and that he cannot find that any person has a power of compelling such persons to account.
The Secretary of Congress reports that by the resolution of the 7 feby., 1781, it is made the duty of the Superintendent of finance "to compel the payment of all monies due to the United States and in his Official character or in such manner as the laws of the respective states shall direct to prosecute in behalf of the United States for all delinquencies respecting the public revenue and expenditures." And by the Ordinance for putting the department of finance into Commission passed the 8 May, 1784, it is ordained "that the said Commissioners or any two or them shall have authority to exercise all the powers vested in the Superintendant of finance by the Act of Congress of the 7 day of feb.r, 1781, or by any subsequent Acts" therefore.
The Secretary of Congress reports:
That the letter of 24 from J. Pierce Corer for settling the Army Accounts together with the extract of monies unaccounted passed June 28. for by col. J. Wood be referred to the board of treasury.2
[Note 2: 2 This report is in Reports of the Secretary of Congress No. 180.]
On the memorial of J. Sparhawk claiming for rent of a house occupied by continental soldiers and for damages done to the house by said soldiers
The Secretary of Congress reports that with regard to the damages the Act of the 3.d June, 1784, refers it to the several states "at their own
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expence" to grant such relief to their citizens as they may think requisite. The Secretary is therefore of Opinion,
That J. Sparhawk have leave to withdraw his memorial and that he be informed his application is to be made to the agreed to July 12. State of which he is a citizen agreeably to the act of 3 June, 1784.1
[Note 1: 1 This report is in Reports of the Secretare of Congress, No. 180.]
Board of Treasury,
June 22d., 1786.
Sir: We do ourselves the honor of Submitting through your Excellency, to the consideration of Congress the Report of this Board on the Requisition of the present Year. From this Congress will observe, that the sum of 2,170,337 Dollars is necessary to be raised by this Requisition in actual Specie, out of which, no less a sum than 1,724,426 Dollars are due on the Foreign Debt.
If it be asked what expectations there are that the several States will raise by the ordinary mode of Requisition, the Sums required by the proposed Report, the Answer obviously is, That no reasonable hope of this nature can possibly exist. For exclusive of the Sum last mentioned, almost the whole of the Specie required by the Requisition of the 27th. September last, which amounted to One Million of Dollars, is still unpaid; though the period of payment was fixed for the First of May last; together with a Specie Balance due on the Requisition of the 27th April, 1784, of about One Million of Dollars; so that the actual Sum which ought to be paid by the several States, into the Public Treasury before the First of January next, is at least 3,700,000 Dollars. In examining the measures which have been adopted by the several States for carrying into execution the last Requisition, We find that
New Hampshire, did on the 20th February last pass an Act for raising and paying into the General Treasury on or before the first day of May next, the Sum of 35,000 Dollars, being the Specie proportion of that State's Quota on the Requisition of the 27th September last; but no provision is made by ye said Law for furnishing her proportion of Indents of Interest.
That Massachusetts, did on the 23d. March, 1786, pass an Act for complying with the Requisition of Congress of the 27th. September last, excepting that the proportion to be paid in Specie is not required to be paid into the General Treasury before the first day of January, 1787.
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That Rhode Island, did in the Month of October last, pass an Act in compliance with the Requisition of the 27th. September last.
That Connecticut has not to the knowledge of this Board passed any Act in compliance with the said Requisition.
That New York has by their Act of the 20th. April, 1786, directed their Treasurer to pay into the General Treasury on or before the first of May next, the sum of 85,495 Dollars, being their Specie proportion of the last Requisition, and the Balance of One hundred and seventy thousand nine hundred and ninety Dollars 60/90ths. in Indents of Interest, on or before the first of January next, but it does not appear by ye said Act, that any funds are specified or Tax laid for producing the Sums above-mentioned. That the State of New Jersey, has not passed any Act in pursuance of the Requisition of the 27th. September last.
That the State of Pennsylvania, has by their Act of the 8th. March, 1786, directed their Treasurer to pay to the order of the United States such a Sum in Specie, as together with the Sums paid on account of the Requisitions of the 27th. and 28th. April, 1784, and 27th. September, 1785, would make the Sum of 557,091 Dollars in Specie, and the farther sum of 593,684 Dollars in Receipts or Certificates of Interest. But it is to be observed--That the Sum directed to be paid by Discounts in Interest is 86,657 Dollars more than the State has a right to avail itself of on the Requisitions of the 4th. September, 1782, 27th. April, 1784, and 27th. September, 1785; and that the amount directed to be paid is short (by the abovementioned Overplus in Indents of Interest) of the actual sum in Specie required of that State, by the Requisitions of the 27th. & 28th April, 1784, and 27th September, 1785.
That the State of Delaware has not to the knowledge of this Board, passed any Act in pursuance of the last Requisition.
That the State of Maryland, did at their last Sessions pass an Act providing for the payment of the Sum of 94,350 Dollars in Specie (being the proportion of the Specie required of that State by the Requisition of the 27th. September last) but it does not appear that any provision has been made by the said State, for the payment of the Indents of Interest required by the said Requisition.
That the State of Virginia did on the 21st. of January last, pass an Act in full compliance with the last Requisition.
That the State of North Carolina, has not to the knowledge of this Board, passed any Act in compliance with the Requisition of the 27th.
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September last. By an extract of an Act of the Legislature of the said State, passed on the 29th. December last, and transmitted to this Board by His Excellency Governor Caswell it appears, that the said State has directed 1,400 Hogsheads of Tobacco to be purchased in the present Year; the proceeds of which are to be paid into the General Treasury on account of that State's Quota of the Debts of the United States; but it is not expressed by the said Act for what Requisition this provision is intended.
The Monies arising from the Sale of this Tobacco and paid into the General Treasury, will of course, be passed to the Credit of the State of North Carolina on the Requisition of the 27th. and 28th. April, 1784; on which no payment appears to have been made.
That the State of South Carolina, has credit in the Treasury Books for the Sum of 415,514 Dollars, which exceeds by 35,916 Dollars, the Sums required of that State to complete her Quota of the Requisitions of the 27th. and 28th. April, 1784, and 27th. of September, 1785.
That the State of Georgia, did on the 13th. February last pass an Act directing their Treasurer to pay into the General Treasury, the Quota's assigned to that State by the Resolves of the 4th. September, 1782, 27th. and 28th. April, 1784, and 27th. September, 1785; but as the said Laws refer to a Revenue Act (of which a Copy has not been transmitted) the Board calmer determine how far the compliance of the said State will be operative.
From the above Statement it appears that seven States, namely New Hampshire, Massachusetts, Rhode Island, New York, Maryland, Virginia, and Georgia, have passed Acts directing the payment of the full Sums in Specie required by the Act of Congress of the 27th. September, 1785; for although the State of Pennsylvania has by their Act above mentioned, directed a certain Sum in Specie to be paid into the General Treasury, on account of the Requisitions for the years 1784 and 1785, the Sum specified in the Act for this purpose, falls short by 86,657 Dollars (as has been before observed) of the Sum necessary to complete the Requisition of the 27th. September last.
That six States, namely, Massachusetts, Rhode Island, New York, Virginia, and Georgia have directed the whole payment of the Sum called for by the last Requisition.
That four States, namely, Connecticut, New Jersey, Delaware, and North Carolina have passed no Acts (so far as the information of this Board extends) in compliance with the same.
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That from the State of South Carolina (though she is Quota'd in the last Requisition) from the Facts stated in the former part of this Letter, no payment can be expected.
As to the efficacy of the Funds which the different States rely on for enabling them to furnish their respective Quotas, it is impossible for this Board to form an adequate Judgement.
In the Act of the State of New Hampshire, the Specie directed to be raised is to be assessed and levied on the Polls and Rateable Estates within that State, agreeably to the last proportion of Taxes for the several Towns and places, but as this Board are not in possession of the Law referred to, so as to ascertain at whate rate the Polls and real property are rated, and whether those Funds are burthened with any other engagements, it is impossible to determine, what can be expected from the provision made by the Act of that State. If the Fund are the same as have been relied on for the paying of that State's Quota of the Requisition of the 27th. and 28th. April, 1784, experience demonstrates that no dependence can be placed on their efficacy: For by the Abstract No. 1, herewith transmitted, it appears that the State of New Hampshire owes on the Requisition of 1784 the sum of 179,119 82/90ths. Dollars.
By the Act of the State of Massachusets, it appears that they have Assessed on the different Counties of that State the sum of £300,439: 1: 3 Lawful Money of that State, out of which the sum of £145,665 equal to 485,550 Dollars (the Specie Quota of that State) is to be paid into the General Treasury, on or before the 1st. day of January next.
For the support of the Civil Government, is to be deducted from the whole sum, £25,784: 1: 3.
For the payment of the Interest on their State Debt, £29,000.
For Redeeming Army Notes payable 1784, 1785, and 1786, £100,000.
For replacing Sums drawn out of the Treasury for the Support of the Members of Assembly, £1,101:18.
It does not appear by this Act, that any preference in payment is to be given to the Requisition of Congress, and of course, as more than one Moiety of the whole Sum proposed to be raised is for State purposes, in which the Support of the Government and the particular Interest of their citizens is concerned, it may be inferred (from the general Conduct of the several States) that the first Monies Collected under the Act, will be appropriated for the Objects last mentioned.
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Of course the Specie payments of the Requisition of Congress will be procrastinated, and any deficiency in the General Tax, will fall on that Sum which is appropriated for Federal purposes.
From the State of Rhode Island, no payment in Specie can be expected on the Requisition of the 27th. September last. The whole amount of the Specie Quota on this Act, is 25,545 Dollars, Against which they are authorised by the Resolve of Congress of the 16th. February, 1785, to set off the Balances due to the Contractors for Ox Teams in the Service of the United States for the year 1781; and (in common with other States) the amount of their liquidated payments to Invalids, in pursuance of the Ordinance of Congress of the 7th. June, 1785, which payments will in all probability absorb the Specie Sum on the last Assessment.
Connecticut having past no Act in compliance with the last Requisition, nothing can be expected from her.
By the Act of the State of New York, though the Treasurer of the State is directed to pay in the full proportion of that State's Quota on the last Requisition, at the periods therein specified; no Funds appear by the said Law to be provided for effecting this Object. By a Law Enacted in the last Sessions of the Legislature of that State, a Paper Currency is made receivable in all Taxes whatsoever from the first of May last. From this circumstance and the Correspondence which has past on this subject, betwixt this Board and the Treasurer of the State (Copies of which are herewith transmitted) little dependance can be placed in receiving in the course of the present Year, the full Specie proportion of the Quota of that State.
Jersey being in the same situation with Connecticut, nothing can be expected from that State.
From Pennsylvania, no further payments in Specie can be expected on account of the last Requisition, 'till a difference betwixt a Statement made by the Comptroller of that State and the Treasury of the United States, of Payments made on former Requisitions is decided on the principles of the Statement last mentioned. A Copy of the Comptrollers Statement No. 2, and the Remarks on it of this Board No. 3 will explain the reason of difference in the two Statements.
From Delaware nothing is to be expected for the reasons which have been applied to Connecticut, and New Jersey.
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From Maryland as the Funds set apart for paying the Specie Quota of the last Requisition appear more definite and substantial, than the provision made by the Acts we have before observed on, there is reason to suppose they will be more productive though from the difficulties suggested by the Commissioner of the Loan Office of that State in his Correspondence with this Board, on the payment of the Balance due on the Requisition for the Year 1784, there is no reason to presume, that she will Pay in the present Year the proportion of Specie required of her by the last Requisition.
From Virginia, though the Act directs the payment of her full Specie proportion, yet the Revenue Laws referred to in the said Act do not shew what Monies may be relied on from them. But from the best information we can obtain of the productiveness of the Funds specified by their Acts, we have no reason to suppose that the Sum in Specie to be expected from Virginia on the present requisition will be more than half her Specie proportion.
From North Carolina, nothing is to be expected on the present Requisition, no Act having been passed in pursuance of it.
From South Carolina, no payment will be made into the General Treasury, for the reasons before stated.
From Georgia, the nature of their Funds not being known to this Board, no opinion can be formed of what may be expected from the operation of their Act. We have reason however to fear that no payment will be made by that State in the present Year; To the remarks naturally resulting from the above Statement we may venture to add one general reflection, which is applicable to the Union at large, "That the effect of the present Requisition is best to be judged of from an experience of the past."
With the requisition of 1784 every State in the Union complied, except North Carolina and Georgia. With the present, only eight States in the Union have complied, so far as it respects the Specie payment.
During the Collection of the Taxes under the requisition for the Year 1784, the revival of a Paper Currency, had few advocates in the several States. At present, the rage for another experiment in this fallacious Medium, has so far prevailed as to enter into the system of Revenue of several States. Judging from the Facts we have stated, we do not conceive it probable that even the Sum of Three
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hundred thousand Dollars in Specie, will be paid into the General Treasury in the present Year, if no other resource is adopted, than what can be expected from the line of Requisition.
These circumstances it becomes our duty to state to Congress, that their Wisdom may adopt such measures as shall appear most likely to avert a total ruin of our Credit, and Character as a People with Foreign Nations.
The Sum in Specie which ought to be provided for in less than twelve months as has been observed, is at least Three Million and a half of Dollars (excluding altogether any provision for the Domestic Debt).
The extent of the Sum, which in all probability will arise from the Requisitions, will hardly reach Three hundred thousand Dollars. Such is the Crisis to which the Affairs of the Union are now reduced for want of a General Revenue, established on such principles as might call forth in the most equitable and efficient manner the resources of the several States. This efficient Revenue can only be expected from an immediate Grant of the Five per Cent Impost, and from Taxes Commensurate to the Supplementary Fund, effectually Levied, and sacredly Appropriated to the Federal Treasury.
In considering what Expedients may probably be adopted for making up the deficiency of the Specie Sums which are essentially necessary to Support our Existence in a National Character. Nothing occurs as a probable mode of relief, but a Sale in Europe of part of the Western Territory, which has been ceded to the United States. To attempt new Loans, whilst no Funds are Established for Paying the Interest and Principal of former ones, would in all probability be fruitless; even if it could be done consistently with those Maxims of prudence and Public Integrity, which ought to Characterise the Proceedings of every Nation. What would be the Success of the expedient we have Suggested, cannot be ascertained; but when the disposition to Emigration in Germany, Geneva, and Ireland is taken into consideration, as well as the prospect of Advantage from the rise in Value of the Lands in question, to those who might purchase on Speculation, it appears not unlikely that if a proper plan should be adopted, and the Execution of it committed to a suitable Agent it might meet with Success.
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Unless some Aid can be derived from this Quarter, we see not the least prospect of our being able to make good the payment of Interest, which will become due on the Dutch Loans in the ensuing Year. All hope of our being able to succeed in making in season the Payments to France in the Year 1787, is now at an end: but the importance of making every Exertion to fulfil the Contracts we have entered into with the Money Lenders in Holland must be very apparent. In this point of view only, we have taken the liberty to suggest to Congress, the object abovementioned. With respect to the Requisitions for the present Year, which we have Reported to Congress, it becomes necessary for us to Observe That we consider it merely as an expedient to evince the dispositions of Congress to do all the Justice in their power to their Foreign and Domestic Creditors, 'till the States feel the absolute necessity there is of furnishing the United States with adequate means to Support their Rank and Character as a Nation.
The mode of Certifying the Interest on the Domestic Debt is undoubtedly liable to objection; though it may be brought into a more manageable state than it is at present, by reducing the various Evidences of the Debt to one Form, and by calling in annually some part of the Principal. This latter object would we conceive, be compassed with great case to the several States; and would have a powerful effect in Establishing our Credit with Foreign Nations.
But after all, what we have taken the liberty to suggest, are still Expedients, should they even be Successful.
The more our Reflections are employed on this Subject, the more we are impressed with a Conviction, that nothing but an immediate and general Adoption of the Measures recommended by the Resolves of Congress of the 18th. April, 1783, can rescue us from Bankruptcy, or preserve the Union of the several States from Dissolution.
With all due respect etc.1
[Note 1: 1 This letter, transmitting the report on the Requisitions for 1786, is signed by Samuel Osgood, Waiter Livingston, and Arthur Lee, and is in No, 139, folio 245. According to indorsement it was read, with the report itself June 27 and Wednesday July 5 assigned. The report and the letter were printed and July 6 referred to a committee. The report was adopted August 2 and spread on the Journal of that day. It is in No. 39, folio 233. The enclosures follow it.]
His Excellency
The President of Congress.
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