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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 --2MONDAY, APRIL 24, 1786.
[Note 2: 2 At this point Roger Alden commences the entries in the Journal.]
Congress Assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia and South Carolina; and from New Hampshire, Mr. [Pierse] Long.
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On the report of the board of Treasury, to whom was referred the Petition of Judah Williams, late an Assistant Commissary of purchases,
The Board of Treasury to whom was Referred the Petition of Judah Williams late an Assistant Commissary of Purchases, Beg leave to Report:
That it appears by the Petition that the said Judah Williams in the Month of November, 1779, received orders from Henry Champion (a Deputy Commissary of Purchases) to procure a number of Cattle for the use of the Army; and that the Petition states that when he received the above orders, the said Champion gave him Assurances that he would make good any Depreciation which might arise betwixt the time of Purchase and that of Payment.
That it appears further from the said Petition, that the said Judah Williams did, in the Month of March, 1781, deliver to the said Henry Champion the Vouchers of the Purchases by him made, and receive the full nominal Amount thereof: And that it does not appear that he made at that time any Claim of Depreciation, or that he had a right so to do.
The Board further Report: That in their Opinion, if such a Claim in the Petitioner is well founded, it ought to be made on the person, under whose direction the said purchases were made, and who is the proper Accountable Officer to the United States for all Expenditure of Money under his Directions.
Under these Circumstances the Board submit to the consideration of Congress the following Resolve:
Resolved, That the Petition of Judah Williams, praying for an allowance of depreciation on certain purchases made by him under the direction of Henry Champion, late a Deputy Commissary of purchases to the Army, cannot be granted.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, II, folio 527. The resolve submitted by the Board recommended that the petition be dismissed. Mr. William Samuel Johnson has crossed this out and inserted "cannot be granted," as above.]
The Board of Treasury to whom was Referred the Memorial of Robert Henry, Robert McClallen, and Robert Henry Jur. of the City of Albany, Merchants, Beg leave to Report:
That after a mature Examination of the Claim of the said Memorialists it appears that the United States were, in like manner with
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Individuals, Purchasers of sundry Goods of the said Henry, McClallen, and Henry, in the year 1776; That they paid for the same in Continental Bills of Credit (the then Currency of the United States) at the time the Goods were Bought, and at the prices by them set on the Merchandize so purchased.
That although it appears that the Memorialists were encouraged by General Schuyler (then Commanding in Albany) to go into Canada to Purchase Goods, it does not appear that they were Employed as Public Agents, or that any promise was made to them to pay for the same in Specie; but that the only Assurance given to the said Memorialists, was that Orders should be given to the Officers in the Public Departments, to take of them such Goods as should be wanted for the Use of the Army; which promise it appears was performed.
That it appears from a Certificate of the Loan Officer for the State of New York, that the Memorialists in the Months of May and September, 1777, put into that Office the sum of Fifty thousand Dollars, which Sum they alledge to be the Monies by them received on Account of the Goods purchased in Canada as aforesaid: and that by the Account accompanying the Memorial, they Charge the United States with the Value of the Monies Loaned and the Amount of the Interest due thereon to the 10th. January, 1786.
From this Statement it appears that the Negotiations of the Memorialists must be considered as Transactions of a private Mercantile Nature. That they Purchased and Sold on Speculation, and that though the event proved contrary to their expectations, they can have no other Claim on the United States, than the numerous Class of Public Creditors, who have loaned their Money for the Public Service during the late War, and who can only be relieved by the Exertions of the several States, to enable the United States in Congress to perform those Engagements, which they were Constitutionally authorised to Contract.
The Board therefore recommend to the Consideration of Congress the following Resolve;
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That the Prayer of the Memorial of Henry, McClallen & Henry for the special Interposition of Congress on account of Monies by them loaned to the United States, cannot be complied with.
All which is humbly submitted.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, I, folio 597. According to indorsement it was read April 24.]
April 21st., 1786.
The Board of Treasury to whom was Referred a Report of the Secretary at War on the Memorial of Captain Baldwin, late an Officer in the Jersey Line, Beg leave to Report:
That, although it appears from General Dayton's Certificate that Captain Baldwin was Employed by himself and Colonel Ogden (in consequence of Powers vested in them by General Washington) to procure Intelligence of the Strength, and Designs of the Enemy during the late War, yet the presumption is, that the Services rendered by Captain Baldwin would have been Compensated for in an adequate manner, if an Application for this purpose had been made to the General, previous to his Resignation of the Command of the Army.
That this presumption derives additional weight from General Washington's Assurance in his letter to General Dayton of the 11th April, 1781, which is in the Words following to wit., "As to fixing any certain Reward I cannot do it. It ought always to depend upon the Importance of the service performed; or Intelligence communicated, and in that proportion I am willing to promise Compensation."
The Board further Report, that although General Washington resided in Jersey several months after the Notification of the Preliminary Articles of Peace, yet it does not appear that any Application was made to the General in behalf of Captain Baldwin, for the Services stated to be rendered by him.
Under these Circumstances the Board are of Opinion, That as the late Commander of the Army, is done competent to judge of the Merits of those, who in consequence of his directions, were employed in the line of procuring Intelligence, it would be improper for this Board to recommend to Congress the Appropriation of any Monies for Claims of this Nature till proper Certificates are produced from the late Commander in Chief, ascertaining in his Opinion, the propriety of the Compensation claimed on account of Secret Service: more especially as this Board have reason to believe, that an Allowance
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of one Claim without these precautions, would Subject the Public Treasury to heavy Demands, of the propriety of which the Board could not possibly be Judges.
The Board therefore recommend to the Consideration of Congress the following Resolve:
That it would be improper for the United States in Congress to make any Compensation for Secret Services rendered during the late War in the line of Intelligence, in consequence of General Washington's Directions, till the propriety of such Compensation is ascertained by a Certificate of the late Commander in Chief.
All which is humbly submitted.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, I, folio 83. According to indorsement it was read April 24. See post, July 3.
April 24: On this day "the Meml. of Edward Antill for a continuance of subsistence, stopp'd by resolve of Congress" was referred to the Board of Treasury to report.
Also, "the Petition of Rachel Hart, administratrix to her late husband [Dr. Noah Hart] for payment of a certificate due the Estate," was referred to the Board of Treasury to report, and report rendered May 19. The petition is in No. 41, IV, folio 322.
Also, "so much of the Note of Mr. Otto of 18th. April, 1786, as respects his Meml. of 30th. Novr., 1785," was referred to the Board of Treasury.
Committee Book No. 190.]
April 21st., 1786.
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