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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, JULY 26, 1786.
Congress assembled. Present as before.
The Board of Treasury to whom was Referred the Memorial of Jacob Rubsamen of the State of Virginia, Beg leave to Report:
That it appears by an original Contract dated the 4th. December, 1775, produced to this Board, that Henry Wisner, Charles Humphreys, and George Wythe (stiling themselves a Committee of Congress for promoting the Manufacture of Salt Petre) entered into an Agreement with the said Rubsaman, by which they engaged to allow him two Dollars per Day for every day (Sundays included) which he should be employed in Superintending the Manufacture of Salt Petre in the State of Virginia, under the inspection of certain Gentlemen for such purpose appointed in the State of Virginia by the Resolve of Congress of the 10th. November, 1775, exclusive of One hundred Dollars advanced to him for the purchase of a Horse &c, and his Travelling Expences to the State of Virginia.
It is to be observed, however, that it cannot be ascertained by the Printed Journals of Congress, that the Gentlemen who Signed this Contract in behalf of the United States were Members of the Committee for Promoting the Manufacture of Salt Petre; although
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from the respectability both of the Characters who Signed the Contract and of the Evidences to it, the presumtion is that they were duly authorised to enter into such Engagements on the part of the United States, although their Appointment to the Committee is not noticed on the Printed Journals.
That it further appears by the said Contract that all the Salt Petre produced under the direction of the said Rubasman and delivered to the Committee in the State of Virginia, was to be paid for at the prices stipulated in the Resolve of Congress of the 10th of November, 1775. In consequence of the above recited Agreement, the said Rubsaman proceeded to the State of Virginia; and on the 13th. December, 1776, the Committee in the State of Virginia took under consideration the state of the Salt Petre Works under the direction of Mr Rubsaman and Reported in the manner following: "That Mr. Rubsamen had attended all the Warehouses at the "falls of James and Appomatox Rivers, and after Instructing Doctor Bland and the Managers at the aforesaid Warehouses" he had exerted himself to diffuse that most useful Art through the Country; but thay could not say his endeavors had been attended with the desired Success among the Planters who could with difficulty be diverted from their accustomed way in life."
The Board beg leave to observe, that it does not appear that Mr. Rubsamen delivered any Salt Petre manufactured under his direction to the Committee in the State of Virginia above mentioned; or that any Works were Erected in consequence of the Contract made with Mr Rubsamen. The attention of that Gentleman appears to have been confined from the date of his Contract to the 13th. December, 1776, in Instructing the Manufactures of Salt Petre in the State of Virginia who sold the Salt Petre by them Manufactured on their own account to the State of Virginia; the price paid by the State being higher than that offered by the United States.
It does not appear in Evidence to this Board that after the date of this Report Mr. Rubsamen was employed in the Service of the United States in consequence of the Contract entered into with the Committee of Congress. The term to which the Committee in Virginia was limited to Superintend the purchase and Manufacture of Salt Petre on account of the United States, was Twelve Calender Months computed from the date of their Appointment; and as the said Committee at the expiration of this term reported on the result
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of Mr. Rubsamen's Commission, the presumption is that they conceived the Execution of that Gentlemans Contract was limited to the period of their Commission.
Under these circumstances the Board submit to the consideration of Congress the following Resolve:
That there be allowed to Jacob Rubsamen the Sum of Seven hundred and thirty Dollars in full for his Services in Superintending for the Space of Twelve Calender Months the Manufacture of Salt Petre in the State of Virginia, in pursuance of a certain Contract entered into with the said Rubsamen on the 4th. December, 1775; exclusive of the Sum of One hundred Dollars advanced on Signing the aforesaid Contract and his necessary Travelling Expences to the State of Virginia.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 297. It is indorsed by Charles Thomson: "N. B. on the 13 feby. 1777 Mr. Rubsamen was paid for the time and service above mentioned." Rubsamen's petition is in No. 42, VI, folio 522, and the letter of the Board of Treasury forwarding the report is indorsed: "July 27 postponed. The papers of Rubsamen withdrawn and delivered to Mr. Grayson by order of Congress."]
July 24th., 1786.
The Board of Treasury to whom was referred the Memorial of Richard Gridley of the State of Massachusets, Beg leave to Report:
That the Memorialist states, that in the month of May, 1775, being then acting under a Commission of the State of Massachusets, as Colonel of a Regiment of Artillery, he was furnished with a Horse and Sulky, for the purpose of conveying himself and his Surveying Instruments, to such Places as the Public Service should require, by Major Brown who was employed to provide the Army with such Articles as they might want. That the Horse so furnished was Killed at the Battle of Bunker's Hill, and the Sulky (being kept in the Public Service 'till the Year 1780) rendered altogether useless.
That Major Browne having applied to the State of Massachusets for the payment of the said Horse and Sulky, was refused payment, and that in consequence he commenced a Suit against the Memorialist and has recovered Judgment for Fifty Pounds Lawful Money of Massachusets, which Sum he has been obliged to Pay.
On the above Memorial the Board observe that Colonel Gridley was not an Officer in the Service of the United States, at the time the said Horse and Sulky was furnished by Major Brown.
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That by the Application made to the State for payment, it appears that the Person who furnished the said Horse and Sulky did not conceive it a proper charge against the United States.
The Board are therefore of Opinion, that the Claim of the Memorialist cannot be allowed, without establishing a precedent which would subject the General Treasury to a multitude of Claims, with which the Union are not chargeable, and submit to the Judgment of Congress the following Resolve:
That the Claim stated in the Memorial of Colonel Richard Gridley, cannot be admitted as a proper charge against the United States.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 577. According to indorsement it was read July 26.]
July 24th., 1786.
The Board of Treasury to whom was Referred the Memorial of Thomas Smart late a Captain in the 13th. Massachusetts Regiment Beg leave to Report,
That no precedent has yet been Established for allowing to Officers of the late Army who resigned their Commission, the same privileges as those Officers were entitl'd to, who were constrained to quit the Service in consequence of Reforms, or who continued in it to the end of the War,
That however forcible the reasons might be which obliged the Memorialist to quit the Service, or which have induced him to make the present Application; the Claim, if once admitted, would open a door to innumerable pretensions, whose merits could not be ascertained, without entering into distinctions of an odious and improper nature; and subjecting the United States to a heavy Expence, nor Warranted by the usage of other Nations.
The Board therefore submit to the consideration of Congress the following Resolve:
That the Memorial of Thomas Smart, late a Captain in the 13th. Massachusetts Regiment, Praying that the Allowance made to Officers who quitted the Army in consequence of Reforms might be
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extended to him, cannot be complied with, the said Smart having resigned the Commission he had under the United States.
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. 188, II, folio 373. According to indorsement it was read July 26.
July 26: According to indorsement was read a letter from the Secretary at War, dated July 26, forwarding intelligence as to the situation on the Western frontier and calling attention to the need of troops. It is in No. 150, I, folio 407; the enclosures follow it.
According to indorsement the Ordinance on Indian Affairs was to be read the 3d time on this day. See Journal, post August 7.]
July 25th., 1786.
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