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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 --MONDAY, SEPTEMBER 18, 1786.
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, North Carolina, South Carolina and Georgia; and from New Hampshire, Mr. [Pierse] Long, and from Virginia, Mr. [Henry] Lee.
The committee, consisting of Mr. [Charles] Pinckney, Mr. [Arthur] St. Clair, and Mr. [William] Harrison, to whom was referred a letter of the 12 from the board of treasury, together with a letter from the commissioner of the loan
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Office in the state of Rhode Island, and an Act of the legislature of that State; having reported,
That it appears from these communications the legislature of the state of Rhode Island, by an Act passed at their last Session, have made the paper currency of that state receivable on all arrears of taxes due to the United States; that as this explanation of the law of the State relative to the late requisition of Congress, entirely defeats the intentions of those acts, the commissioner of the loan-office has suspended the issue of indents in that state on the requisition of the 27 September, 1785, until he should receive the directions of the board of treasury on that subject. The Board farther remarks, that the legislature of the state of New Jersey have also made their paper currency receivable on the arrears of taxes due on the requisition of the 27 and 28 April, 1784. On this statement the committee observe, that as the requisitions of Congress are calculated for the purpose of requiring from the States, a sufficient sum for the payment of the interest due on the foreign and domestic debt, and the maintenance of the civil department, no deviation can be admitted from the mode of payment therein established, without exposing the funds of the United States to great loss and inconvenience, particularly as the discharge of the interest due on the foreign debt and the maintenance of the civil government, must altogether depend upon the payments that axe made into the federal treasury in Specie. That to admit the receipt of bills of credit issued under the Authority of an individual state, in discharge of their specie proportion of a requisition, would defeat its object, as the said bills do not circulate out of the limits of the state in which they are emitted, and because a paper medium of any state, however well funded, cannot, either in the extensiveness of its circulation, or in the course of its exchange, be equally valuable with gold or silver. That if the bills of credit of the States of Rhode Island and New Jersey were to be received from those States in discharge of federal taxes, upon the principles of equal Justice, bills emitted by any other states must be received from them also in payment of their proportions, and thereby, instead of the requisitions yielding a sum in actual Money, nothing but paper would be brought into the federal treasury, which would be wholly inapplicable to the payment of any part of the interest or principal of the foreign debt, or the maintenance of the government of the United States. That as the consequences of the precedents which have been established
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by the States above mentioned, are dangerous to the interests of the Union,1 the committee conceive it necessary for Congress to express their sense upon the subject: Whereupon,
[Note 1: 1 At this point the report reads "and may be the means of inducing other States to pursue a similar conduct," but these words are marked for excision.]
Resolved, That as the annual requisitions of the United States in Congress assembled, are made by them in virtue of the powers of the Confederation, and for the necessary purposes of government, the same be obligatory on the States as such, and ought to be discharged by them in the manner by the said requisitions directed, and in no other.
Resolved, That as the payment of the interest and such parts of the principal of the foreign debt of the United States as are included in any of the requisitions of Congress, and the maintenance of the federal government, cannot be provided for, but by payments in specie into the federal treasury of the sums respectively required of the states therein, no payments, either in bills of credit or in any other mode than those pointed out by the said requisitions, can or ought to be admitted in discharge of the same.
Ordered, That the board of treasury transmit a copy of the above resolutions to each state, and issue instructions to the respective loan Officers conformable thereto.2
[Note 2: 2 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 29, folio 223.]
The Commissioner of Accounts for the Hospital, Cloathing and Marine Department to whom was referred the Petition of Leake Hunt and others, Exors. of John Berrian, deced., begs leave to Report:
That in the establishment of the Hospital Department made by Congress on the 8 day of April, 1777, the pay of Assistant Deputy Director was fixed at 3 Dollars and that of Commissary at 2 Dollars p. day and by a Resolution of Congress of 6th. of February, 1778, the Pay of those two Officers was raised to 4 Dollars p. day each.
That on the 16th. Jany. 1782, Congress were pleased to Resolve--
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"That in the settlement of the accounts of such Officers of the Hospital Department as are entitled to an allowance for depreciation the establishment of pay made upon the 8th. April, 1777, be considered as Specie."
That on viewing this Resolution your Commissioner conceived himself precluded from considering any establishment of Pay antecedent thereto as Specie and adjusted the accounts of the Assistant Depy. Directors and Commissaries accordingly.
Having however since, more minutely investigated the several establishments of Pay made to the Hospital and finding that the establishment of April 8th., 1777, was excepted in the case of the two Officers above mentioned, the highest Pay at any time granted your Commissioner is induced, to differ from his first construction of the Resolve, and is therefore of Opinion--
That it was not the intention of Congress, in their Resolution of the 16th. Jany., 1782, to declare that the increased pay granted by the Resolution of the 6 february, 1778, to the Assistant Depy. Director and to the Commissaries of the Hospitals should not be considered as Specie.
Ben Walker,1
Commisnr.
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 31, folio 149. According to indorsement it was read September 18. See post, September 25.]
Office of Accounts,
Hospital Departmt,
Septr. 15, 1786.
His Excelly.,
the Presidt. of Congress.
Resolved, That the following precedence be established at the Court of the United States:
Resolved, That all foreign Ministers be received at the Court of the United States in conformity to their rank and that Ceteris paribus a
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Minister from a Republic take the precedence of all others. to the usage of Europe.
That it be the duty ofto communicate to the United States printer for publication the arrival and departure of his Excellency the President of Congress, the Honorable a Delegate in Congress and the other first Officers of State.
That it be the duty ofto communicate to the first high Officers of the federal government, and the Ministers resident at this Court from foreign Nations the arrival of his Excellency the President, and the honorable the delegate in Congress, together with the No. of the Hotel in which he or they may fix his or their residence.
Resolved, That a master of Ceremonies be appointed, and that the Office of private Secretary and Steward to the household of the President be abolished.
Resolved, That robes of State be prepared, and that the president when in the Chair of Congress set robed.1
[Note 1: 1 This report, in the writing of Henry Remsen, jr., is in the Papers of the Continental Congress, No. 23, folio 307. According to indorsement it was read September 18. Committee Book No. 189 states that it was transferred.]
The Committee, consisting of Mr. [Melancton] Smith, Mr. [Pierse] Long, Mr. [William Samuel] Johnson, Mr. [John] Bull, Mr. [Edward] Carrington, Mr. [William] Henry, and Mr. [John] Kean, to whom was committed a motion of Mr. [Rufus] King, together with a motion of the Delegates of Virginia, on the subject of settlement of the Accots. of the individual States, with the United States Submit the following Resolves:
Resolved, That the authority of the Commissioners appointed to settle the accounts between the United States and individual States shall from and after theDay ofterminate and cease.
Resolved, That a Board, to consist ofmembers, be appointed, who shall and hereby are invested with all the powers and authorities of the aforesaid Commissioners, and shall sit where Congress may direct.
Resolved, That in cases where no written Vouchers are or can be produced, and the said Board shall receive satisfactory evidence that such Vouchers have been destroyed or unavoidably lost, or that from the Circumstances of the case, they have never been obtained, they may receive such other evidence as shall be satisfactory to them, but the best that the nature and circumstances of the case will admit of; and at their discretion, may examine on Oath, any person or persons
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they may think fit, respecting the claims which shall be exhibited for settlement, whether accompanied with written Vouchers or not, when the other evidence is not sufficient to satisfy them of the truth or justice thereof.
Resolved, That where supplies have been furnished by individuals for the use of the Army, and have been assumed by any State, the said Board are hereby authorized and instructed to liquidate and settle such claims and admit them as a charge against the United States.
Resolved, That where any State has claims against the United States not authorized or sanctioned by existing Resolutions of Congress, the same shall be laid before the aforesaid Board within years, who shall examine the same and report such decision thereon to Congress as shall acord with Justice and equity.
Resolved, That the said Commissioners be allowed.
Resolved, That the Commission of the said Board shall continue in force foryears and no longer.1
[Note 1: 1 This report, in the writing of Melancton Smith, is in the Papers of the Continental Congress, No. 26, folio 619. According to indorsement, it was read September 18 and made the "Order of the day for Wednesday 27 Sept., 1786. *** A Ordinance passed on this subject 13 Oct. 1786."
September 18: The following committees were appointed: Mr. [William Samuel] Johnson, Mr. [Charles] Pinckney, Mr. [Melancton] Smith, Mr. [Nathan] Dane, and Mr. [William] Henry, on "temporary governmt. of Western territory." and the "Pet: Inhabitants of Kaskaskies." Report was rendered September 19. This was a renewal of the committee of August 23.
Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [William Samuel] Johnson, Mr. [Jonathan Sturges], and Mr. [Nathan] Dane, on "Motion for reduction of civil list." This was a renewal of the committee of July 19 and this new committee was again renewed February 12, 1787.
Also the "Meml. of G. Bailor's exrs. for settlemt. of his Accots" was referred to the Commissioner of Army Accounts to report.
Committee Book No. 190.
Also, according to indorsement, was read a letter of September 18 from the Secretary for Foreign Affairs, forwarding a letter from John Adams of July 31. It is in No. 80, III, folio 73. Adams' letter, which deals with American prisoners in Algiers and is in No. 84, VI, folio 347, was also read.
Also was read a report of the Board of Treasury, dated September 15, stating that satisfactory reasons have been given for Job Sumner's absenting himself and recommending that he be granted a two months leave of absence. It is in No. 138, II, folio 425. Committee Book No. 189 statesthat it was transferred.]
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