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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 --[April 4.]


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Journals of the Continental Congress, 1774-1789
[April 4.]

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[Motion of Mr. Dane.]

Resolved, That the Secretary at war form estimates of all such Stores, equipments, and supplies as may be requisite for the military service and for keeping up Competent magazines and report the same to Congress as well as to the Commissioners of the Treasury that Congress may examine and take proper measures to procure the same.2

[Note 2: 2 This motion, in the writing of Nathan Dane is in the Papers of the Continental Congress, No. 27, folio 307.]

[Motion of Mr. Lee.]

That the Secy. at war shall also possess the power of sending such expresses at the public expence as the service of the U his department may in his opinion render necessary.3

[Note 3: 3 This motion, in the writing of Henry Lee, is in the Papers of the Continental Congress, No. 27, folio 309.]


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[Motion of Mr. Kean]

R.

That the S. at War make a quarterly return of the expenditure of all monies rec'd by him from the Comrs. of the Treasy. for the use of his department.1

[Note 1: 1 This motion, in the writing of John Kean, is in the Papers of the Continental Congress, No. 27, folio 309l. According to indorsement it was made April 4, 1786, and referred to Mr. [Nathan] Dane, Mr. [William] Grayson and Mr. [John] Kean. Committee Book No. 190 also notes this action and that Dane's motion of this date was referred to this committee. Lee's motion is included in the committee's report, rendered June 15, 1786.]

Board of Treasury,
April 3d., 1786.

The Board of Treasury to whom was referred the Memorial of Tristram Coffin of Nantucket, claiming compensation for the Loss and Demurrage of a Vessel chartered on account of the United States during the Late War, Beg leave to Report:

That it appears by the Charter Party entered into on account of the United States betwixt Samuel Allen Otis, Deputy Quarter Master General at Boston, and the said Tristram Coffin, on the 1st. day of March, 1779, that the said Samuel Allen Otis Engaged to Ensure or Cause to be Ensured upon the said Vessel the sum of Two Thousand six hundred pounds, which sum was to be paid to the said Tristram Coffin, in case of Loss of said Vessel by Capture or otherwise.

That the said Vessel was burnt in the State of South Carolina, whilst in the Public Service--and that in consequence of this loss the said Samuel Allen Otis did on the 26th. August, 1779, pay to the said Tristram Coffin the sum of Two thousand six hundred pounds, as appears by a Receipt of the said Tristram Coffin, Endorsed on the abovementioned Charter Party.

With respect to the claim made by the said Tristram Coffin for Demurrage, it appears by the Accounts of Samuel Allen Otis lodged in the Office of the Commissioner of the Clothing Department that the amount thereof is Charged by the said Samuel Allen Otis against the United States; and that of Course no payment ought to be made of the same to the Memorialist, unless the said Otis should fail in producing a proper Voucher in support of this Charge.

The Board beg leave to observe, that if a Precedent should be established of setting aside former Settlements of Public Accounts on the suggestion that the Sums paid in paper were not Adequate to the


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Services performed or supplies furnished when compared with Specie, a Door would be open for Claims, which no Revenue in the Power of these States would be adequate to Satisfy. That in Engagements entered into at that period, when Mr. Coffin chartered his Vessel, the prospect of Appreciation of Paper was undoubtedly in Contemplation; And as the Memorialist (in case such an event had taken place) would not have been bound to Refund to the United States, any Advantages acquired by such Appreciation, beyond the bona fide Value of the Vessel by him chartered, so the United States are not liable to make good any Loss which he may have sustained from a Contrary Turn in the Value of the Continental Money.

Under these Circumstances, The Board recommended to the Consideration of Congress the following Resolves, vizt.

That the Claim of Tristram Coffin for a further Compensation on Account of the Destruction of a Vessel by him Chartered for the Service of the United States, beyond the sum stipulated in the Charter-party, and actually paid to him soon after the Loss of the said Vessel was ascertained, is Inadmissible.

That when Mr Coffin shall prove to the proper Officers of the Treasury, that the Claim by him made for Demurrage of the Schooner Vigilant has not been paid by Mr Samuel Allen Otis, who Chartered the said Vessel on Account of the United States, the Board of Treasury take order for liquidating the Sum found due.

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 255. According to indorsement it was read April 4, 1786.
April 4: A grand committee was appointed, consisting of Mr. [Pierse] Long, Mr. [Nathaniel] Gorham, Mr. [Stephen Mix] Mitchell, Mr. [John] Lawrance, Mr. [John Cleves] Symmes, Mr. [John Bubenheim] Bayard, Mr. [William] Harrison, Mr. [Edward] Carrington and Mr. [John] Kean, "on a plan of the Secy. at war for modeling the Militia of the U.S. To meet in Congress chamber on Monday next at 10 o'clock." A report was rendered September 11.
Also a memorial of David Reynolds, praying relief from debt incurred as an Assistant Commissary of Purchases of the Continental Army, in 1779--1780, was referred to the Board of Treasury to report and report rendered May 10. The memorial is in No. 41, VIII, folio 369.
Committee Book No. 190.
Also, according to indorsement, was read a letter of transmittal from the Secretary for Foreign Affairs, enclosing a letter from William Carmichael. It is in No. 80, II, folio 191. Carmichael's letter, dated Madrid, December 9, 1785, relates to the Spanish negotiations with Algiers and Mr. Lamb's mission. It is in No. 88, II, folio 424.
Also was read a letter from the Board of Treasury, of April 3, transmitting the regular quarterly statement of receipts and expenditures from January I to March 31, 1786. "The Absence of the Register of the Treasury in Consequence of Leave from this Board, prevented the Accounts for the months of January and February from being sent to Congress, agreeably to their Resolve of the 2d. August last." The letter is in No. 140, II, folio 185.]

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