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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, MAY 8, 1786.
[Note 2: 2 Thomson here resumes the entries.]
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from the state of New Hampshire, Mr. [Pierse] Long.
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Mr. William Houstoun and Mr. William Few, delegates for Georgia, produced credentials, by which it appears, that they are severally appointed delegates to represent the said State from the 10 February last, until the first Monday in November next.
This being the day assigned for the appearance of the States of South Carolina and Georgia, by their lawful agents, in pursuance of notice transmitted to them agreeably to the resolution of the first day of June last:
With the consent and at the request of the delegates of the states of South Carolina and Georgia,
Resolved, That further day be given, and that Monday the 15th of the present month be assigned for the appearance of the said States.
1On report of the board of treasury, to whom was referred the memorial of Colonel James Livingston, together with a report of the Auditor of the treasury on the state of his Accounts, for provisions and Boards purchased for the use of the Army,
[Note 1: 1 At this point Roger Alden commences the entries.]
Resolved, That there be allowed to Colonel James Livingston, the Sum of one hundred and forty dollars and 62/90ths. being a balance appearing to be due to him for provisions and boards furnished the Army in Canada, in the years 1775 and 1776, and that the Comptroller give a certificate for that sum.
On that part of the Memorial of the said Colonel Livingston, which prays that Congress would be pleased to order payment of the monies voted to him by their resolve of the 5th March, 1785, on account of his services in Canada, previous to his receiving a commission, the board having reported "That although it appears, from the said resolve, that the services rendered by Colonel Livingston were of an eminent nature, yet the board are of opinion, that it would not be proper to deviate from the established line of settling
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the arrearages of military pay, more especially as Colonel Livingston has, in consequence of the resolves of Congress, continued to draw rations since the Army has been disbanded."
Resolved, That Congress agree to the said report.
1According to Order, Congress proceeded to the election of a commissioner of the continental loan Office for the state of New York, and, the ballots being taken, Mr. John Cochran was elected, having been previously nominated by Mr. [John] Lawrance.
[Note 1: 1 Thomson here resumes the entries in the Journal.]
On the report of the committee, consisting of Mr. [William Samuel] Johnson, Mr. [Edward] Carrington, Mr. [Nathaniel] Gorham, Mr. [Rufus] King, and Mr. [Pierse] Long, to whom was referred a memorial of Mr. Burral, Mr. Binden and Mr. Fox,
Resolved, That the act of Congress of the 24 of March last, abolishing the five great departments, so far as it directs, that the Accounts within the same be settled by a single commissioner, be, and is hereby repealed.
Resolved, That the powers and duties heretofore exercised by the commissioners for the quarter master's and the commissary's departments be exercised by one Commissioner, and that the powers and duties of the commissioners for the hospital, marine and cloathier's departments be exercised by one other commissioner, to be elected annually by Congress; and that the salary of each of the said commissioners be at the rate of twelve hundred and fifty dollars per annum.2
[Note 2: 2 A rough draft of this resolve, in Thomson's writing, is in No. 19, I, folio 461, in which the rate of pay is filled in, by an unknown hand, as 2,500 dollars.]
Congress proceeded to the election of the two Commissioners, and the ballots being taken, Mr. Jonathan Burral was elected for settling the Accounts of the quarter master's and commissary's departments, having been previously
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nominated by Mr. [Nathan] Dane. Mr. Benjamin Walker was elected Commissioner for settling the Accounts of the hospital, marine and cloathier's departments, having been previously nominated by Mr. [John] Lawrance.1
[Note 1: 1 According to Committee Book No. 190, Henry Remsen was also nominated for Commissioner of Continental Loan Office for New York by Mr. [John] Haring and Edward Fox and Benjamin Walker were nominated as Commissioners for settling the accounts of the Quartermaster and Commissary Departments.]
2On motion of Mr. [James] Monroe, seconded by Mr. [Edward] Carrington,
[Note 2: 2 At this point Roger Alden begins the entries.]
Resolved, That the board of treasury be, and they are hereby directed to take order, for the payment of four hundred dollars to the Guardian of Hugh Mercer, son of the late General Mercer, for his education and board, for the term of one year, commencing on the 27th day of April last.3
[Note 3: 3 This motion, in the writing of Monroe, is in the Papers of the Continental Congress, No. 19, IV, folio 61.]
On report of the Secretary at War, to whom was referred the petition of Johannes Shrine, a Mohawk Indian,
Resolved, That the sum of one hundred dollars be paid to Johannes Shrine, an Indian chief of the Mohawk tribe, as a compensation for the services and sufferings which he alleges to have performed and sustained in the service of the United States.
The Board of Treasury to whom was Referred the Report of the Commissioner of Public Accounts for the State of Delaware, on the Accounts of John McKinley late President of the said State, Beg leave to Report:
That it appears by the Resolve of Congress of the 24th. June, 1777, that the Sum of Ten thousand Dollars was Advanced to John McKinley, then President of the State of Delaware for the use of the Militia then in Continental Service, for which Sum he was to be accountable.
That out of the aforesaid Sum he paid to the Militia of that State, the Sum of Fifteen hundred Dollars.
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That he further Advanced for Recruiting the Delaware Battalion, the Sum of Nine hundred Dollars, which Mr. McKinley suggests was paid out of his own Money; though at the time when the payment was made, Mr. McKinley had in his hands, Public Monies to the Amount of Eight thousand five hundred Dollars.
That on the 22d. August, 1777, he paid over to George Latimer, Pay Master to the Militia called for by Congress, the Sum of Four thousand Dollars, for which (it is alledged) the said Latimer has Accounted with the State of Delaware.
That it appears from the Deposition of the said John McKinley, that betwixt the 12th. and 13th. of September following, his Books and Papers, together with a Sum of his own private Cash, and the Balance remaining in his possession belonging to the United States, being four thousand five hundred Dollars, fell into the hands of the Enemy on the Surprise of the Town of Wilmington by the British Forces.
From the Premises above stated, the Board are of Opinion, that Mr. McKinley should be Credited with the Sum of Fifteen hundred Dollars paid by him to the Militia of the State of Delaware; as likewise the further Sum of Four thousand five hundred Dollars, being the Balance of the Monies advanced to him by the United States, and Captured by the Enemy; for although it appears that the Sum of Nine hundred Dollars was (as above mentioned) Advanced to the Delaware Battalion at the time the Monies of the United States were in the hands of the said McKinley, which said Sum of Nine hundred Dollars has been since reimbursed to the said McKinley, and Charged to the United States; yet, inasmuch as the Sum Advanced to the said John McKinley was expressly Appropriated for Militia Service, the Board are of Opinion, that he was not strictly Authorised to apply it for any other purpose; and have therefore not deducted it from the Monies deposed to be Captured as above mentioned.
They therefore Submit to the Consideration of Congress the following Resolves.1
[Note 1: 1 This report, dated May 8, 1786, and signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, II, folio 101. According to indorsement it was read May 8 and passed May 9, where the resolves submitted are spread verbatim on the Journal. The report of William Winder, Commissioner of Public Accounts for the State of Delaware is on folio 73. See ante, May 2.]
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Board of Treasury,
May 5th., 1786.
Sir, We do ourselves the honor of laying before Congress, in pursuance of their Act of the 2d. August, 1785, an Abstract of the State of the Treasury on the 1st. June instant, as stated by the Register.
With the greatest respect, etc.1
[Note 1: 1 This letter, signed by Samuel Osgood, Walter Livingston and Arthur Lee, is in the Papers of the Continental Congress, No. 140, II, folio 237. According to Committee Book No. 190, this letter was on May 8, "Referred to the Committee of the whole house."]
His Excelly.
The President of Congress.
{table}
for Abstract of the State of the Treasury of the United States for the Month of May, 1786Registers Office 1st. June, 1786.
Joseph Nourse, Register.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 144, folio 207. It is indorsed "Abstract of the State of the Treasury on the 1st June, 1786."]
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Office for Foreign Affairs,
8th. May, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter from the Honorable Mr. Adams of 11th. November last, Reports:
That the Facts and Observations contained in this Letter appear to your Secretary to be well founded.
That Congress for want of Power to regulate Trade by their own Acts, can make no other use of this Letter than to publish it, or to refer it to the States.
That in his Opinion it should not be published, lest it encrease the Jealousy with which our late Adventures to the Indies, have already inspired the Nations trading thither.
That he also thinks it should not be referred to the States, because the partial, clashing and unsystematical Regulations which thirteen different Legislatures will naturally establish, must operate, against national Objects; and therefore that their interfering in national Concerns, except in subordination to the federal Government, should not be encouraged.
All which is submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, II, folio 95. According to indorsement it was read May 8. See ante, April 17.]
Office for Foreign Affairs,
8th. May, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter from the Honble. Mr. Adams ofDecember last in Cyphers, Reports:
That the Contents of this Letter may be classed under three Heads.
Congress at present can do nothing on the Subject except in the way of Recommendations; which being a very ineffectual Way, had
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better not be tried; lest non Compliance should diminish their Respectability, and impair the little Authority they possess.
In the Opinion of your Secretary Recommendations should be avoided as much as possible, and every constitutional Requisition impartially enforced with uniform Punctuality and Decision.
On this Point your Secretary can only repeat what has been suggested in other Reports vizt, that what wrong may have been done, should be undone; and that the United States should, if it were only to preserve Peace, be prepared for War.
Mr. Adams Advice in this and many of his other Letters is just, but until Congress shall be put, by further Powers, in Capacity to act upon it, there would be little Use in particular Reports on Subjects which to them are at present rather Matters of Speculation than Provision.
All which is submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, II, folio 99. According to indorsement it was read May 8. See ante, April 17.]
The Board of Treasury to whom was referred the Memorial of Philip Schuyler, late a Commissioner of Indian Affairs in the Northern Department, Beg leave to Report:
That the Memorialist was on the 13th. day of July, 1775, Appointed one of the Commissioners of Indian Affairs for the Northern Department; being at that time a Major General in the Service of the United States; but that it does not appear from the Journals of Congress, that any Allowance was fixed for the Services of the said Commissioners whilst Acting in that Capacity.
That on the 19th. day of April, 1779, the Resignation of the Military Commission of the Memorialist was accepted by Congress; but that the Memorialist states, that Subsequent to this Resignation, he continued to Execute the Orders of Congress relative to Indian Affairs, and Secret Services in Canada, 'till a new Arrangement of the Indian Department took place on the 5th. day of March, 1784.
From these Circumstances the Board are of Opinion that although no Special Allowance has been fixed for the Service of the Commissioners of Indian Affairs for the Northern Department, yet it is
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proper that an equitable Compensation should be made for their Services whilst Acting in that Capacity; more especially as Congress on the 5th. July, 1776. Resolved, that the Sum of Four Dollars per Day should be Allowed to the Commissioners of Indian Affairs for the Southern Department whilst in Actual Service. Inasmuch however, as the Memorialist received Pay as a General Officer to the 19th. day of April, 1779, the Board are of Opinion, that he is precluded by the Resolve of Congress of the 18th. September, 1776, from receiving Pay in the Capacity of a Commissioner from the time of his Appointment to the Period when his Resignation as a General Officer was Accepted by Congress.
On the above Premises the Board submit to the Judgment of Congress the following Resolve.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 343. According to indorsement it was read May 8 and acted on August 9, on which day the resolve submitted is entered upon the Journal.
May 8: The following committee was appointed: Mr. [Rufus] King, Mr. [William Samuel] Johnson and Mr. [Zephaniah] Platt, on sundry acts of Georgia. This committee was renewed May 12. The acts are in No. 76, folios 304--342.
Committee Book No. 190.
Also, on this day, according to indorsement, was read a duplicate of Armand's letter of January 18, 1786. See ante, April 17.
Also was read a letter of May 3, from William Ellery, accepting the appointment of Continental Loan Officer in New Hampshire. It is in No. 78, VIII, folio 437.
Also was read a letter from Governor Edward Telfair, dated April 4, announcing that he will lay the various communications received from the Secretary of Congress, before the Georgia legislature when it meets. It is in No. 73, folio 319.
Also was read a letter from Governor William Moultrie, dated March 29, 1786, stating that he will forward copies of South Carolina laws when printed and that the State has "resolved to vest Congress with the right of regulating Trade." It is in No. 72, folio 595.]
May 6th., 1786.
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