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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 --THURSDAY, OCTOBER 5, 1786.
Congress assembled. Present as before.
Congress proceeded to the election of a Commissioner, in pursuance of the resolution of the 13 April, 1785, in the room of Mr. Parsons, who has resigned; and the ballots being taken, Mr. Edward Fox was elected, having been previously nominated by Mr: [Charles] Petit.
Congress resumed the Consideration of a report of a committee, consisting of Mr. [Melancton] Smith, Mr. [Pierse] Long, Mr. [William Samuel] Johnson, Mr. [John] Bull, Mr. [Edward] Carrington, Mr. [John] Henry and Mr. [John] Keen, to whom was referred a motion of Mr. [Rufus] King, together with a motion of the delegates of Virginia, on the subject of the settlement of the accounts of individual States with the United States, which report, being in the nature of an ordinance, was debated by paragraphs; and the first and second paragraphs being amended to read as follows:
That the authority of the Commissioners appointed to settle the Accounts between the United States and individual States, shall, from and after the first day of January next, terminate and cease.
That a board to consist of three members, any two of whom shall be a quorum, be appointed, who shall be, and hereby are invested with all the powers and authorities of the aforesaid commissioners, and shall sit where Congress may, from time to time, direct.
The third paragraph was then read as reported, viz.
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 they may think fit respecting the claims which shah be exhibited for settlement, whether accompanied with written vouchers or not, when the evidence is not sufficient to satisfy them of the truth or justice thereof.
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A motion was made by Mr. [Melancton] Smith, seconded by Mr. [Josiah] Hornblower, to amend by inserting after "where," in the first line, the words following, viz. "claims are founded on existing resolutions of Congress, but," so that it read, "That in cases where claims are founded on existing resolutions of Congress, but no written vouchers, &c." On the question to agree to this Amendment, the yeas and nays being required by Mr. [Melancton] Smith,
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So the question was lost.
On motion, the whole paragraph was struck out.
A motion was then made by the delegates of Virginia, in lieu of the paragraph struck out, to insert another, which being amended to read as follows:
That in cases where no written vouchers can be produced for claims, founded upon existing resolutions of Congress, 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
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other evidence as shall be satisfactory to them, provided the same be 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 they may think fit respecting the claims which shah be exhibited for settlement, whether accompanied with written vouchers or not: And whenever it shall become necessary to obtain the testimony of any person or persons touching a claim, who may not reside or be present at the place where the board shall be sitting, it shall be in the power of the said board, and they are hereby directed to cause such testimony to be taken by way of deposition, in the form and manner prescribed by the laws and usages of the state wherein such person or persons may respectively reside.
A division was called for; and on the question to agree to the first clause, viz. That in cases where, &c. to "with written vouchers or not," inclusive, the yeas and nays being required by Mr. [Edward] Carrington,
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So it was resolved in the affirmative.
A motion was then made by Mr. [Charles] Pinckney, seconded by Mr. [Arthur] St. Clair, that the report and remainder of the motion before the house, together with a motion which he read in his place, be referred to the board
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of treasury with orders to report thereon will all convenient despatch. The motion of Mr. Pinckney being as follows:
1Whereas it is expedient some just and equal principles should be established for liquidating and settling the accounts of individual States with the United States,
[Note 1: 1 At this point Benjamin Bankson begins the entry.]
Resolved, That from and after theday ofthe authority of the Commissioners appointed to settle the accounts between the United States and individual States, cease and determine. That a board to consist ofMembers, anyof whom to be a quorum, be appointed, who shall be, and hereby are invested with all the powers and authorities of the said Commissioners, and who shah sit in such places as Congress may, from time to time, direct, as most convenient to the State or States, whose claims they are to settle. That the several States, having claims against the United States, cause the same to be laid before the said Board withinyears from the date of these resolutions. That whenever a State shall bring forward a Claim against the United States for services done, supplies furnished, or advances made for their use, the said Board are hereby authorised and instructed to receive and examine the same, whether sanctioned by existing resolutions of Congress or otherwise: That in the investigation of the said demand, it shall be the duty of the Board to require the best evidence the nature and circumstance of the Claim will admit; that in cases where no written vouchers are or can be produced, and the said Board shah receive satisfactory evidence such vouchers have been destroyed or unavoidably lost, or were, from the circumstances of the case, never obtained, they may receive such other evidence in support of charges as they may think just and proper; and if, upon a due and fair examination, it shah appear to them, that the said services, supplies or advances, were really and truly done, furnished and made, under the authority of any of the Officers, civil or military, of the United States, for the use of the said States, and for which they ought to be accountable, the said board are hereby authorised, empowered and instructed, to admit the same as a charge against the United States, to such extent and upon such principles as shall appear to them just and reasonable. That where supplies have been furnished by individuals for the use of the Army of the United States, and have been assumed by any
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State, the said board are hereby authorised and instructed to liquidate the said claims upon the same principles as tho' they had remained in the hands of individuals, and admit them as a charge against the United States: Provided that nothing contained in this resolution shall be taken or construed to prejudice or affect the resolutions of February 25th., or June 1st., 1780, or any other resolution allowing a State payment for supplies furnished the United States. That in all cases where doubts may arise with the said board, as to the justice or propriety of the claims of a State, they shall report the same to Congress, as soon as may be, with their examination and opinion thereon, in order that such decision may be had, as shall accord with justice and equity. That each of the Members of the said Board, shall, previous to his entering on the duties of his appointment, take and subscribe the following Oath, beforeI, A. B. appointed to the Office of a Member of the Board for settling the accounts between the United States and individual States, do swear (or affirm) that I will well and faithfully serve the United States, in the said office, and that in all things belonging thereto, I will faithfully, justly and truly, according to the best of my skill and judgment, do equal and impartial justice, without fraud, favour or affection. That the Commission of the said Board continue in force years, and no longer.1
[Note 1: 1 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, IV, folio 57.]
2On the question to agree to the Motion for a reference, the yeas and nays being required by Mr. [Charles] Pinckney,
[Note 2: 2 At this point Charles Thomson resumes the entry.
October 5: "Memorial of Richard Lloyd" was referred to the Board of Treasury to report.
Committee Book No. 190.
Also, according to indorsement, was read a letter of October 2 from Thomas McKean, accepting the appointment of judge in the boundary dispute between South Carolina and Georgia.]
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So the question was lost.
The further consideration of the report being postponed till to Morrow,
On the report of a committee, consisting of Mr. [Rufus] King, Mr. [Melancton] Smith and Mr. [Nathan] Dane, to whom was referred a report of the board of treasury on a memorial of Colonel W. Finnie,
Resolved, That there be paid to colonel William Finnie, by the board of treasury, two hundred and eighty-five dollars and fifty-one ninetieths of a dollar in part of a certificate heretofore issued to him for 2,634 19/90 dollars. That the said certificate be delivered to the comptroller of the treasury and cancelled, and the that Comptroller issue to the said William Finnie another certificate for the balance.
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