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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 26, 1786.
Congress assembled. Present, Massachusetts, New York, New Jersey, Pennsylvania, Maryland, South Carolina and Georgia; and from Rhode Island, Mr. [Nathan] Miller, and from Virginia, Mr. [Henry] Lee.
On a report of the postmaster general.
Resolved, That the Post-master general make such an allowance to the postmaster at the port where the2 European Packets do, or shall statedly arrive, in addition to the emoluments of his office, as may be a reasonable compensation for his extra services in the receipt and despatch of Letters originally received into his Office from on board such Packets, and by him forwarded to other offices:3
Provided that such Allowance shall not exceedper Centum on the Amount of inland Postage chargeable from
[Note 2: 2 Roger Alden here begins the entry.]
[Note 3: 3 A letter from Ebenezer Hazard, dated October 24, 1786, dealing with this matter, is in No. 61, folio 275. It refers to a motion of Congress, referred to him, but no motion seems to be recorded nor does the letter bear evidence of having been read in Congress.]
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tune to time upon such Letters, agreeably to the Ordinances of Congress.
Resolved, That the Postmaster General retain in his hands, after the Expiration of the present Contract with the Proprietors of the Stages, such Sum as one Quarter's Pay for the Transportation of the Mail from the City of New York to Savannah in Georgia will amount to, until an Enquiry is made into the Causes of the many Disappointments which have taken place and of any others which may yet take Place, in the Conveyance of the Mail upon that Route.
Referred to post m. gen. to take Order.1
[Note 1: 1 This resolve, in the writing of Ebenezer Hazard, is in the Papers of the Continental Congress, No. 61, folio 383. It is indorsed: "Report Postmaster General respecting allowance to Post Master at N. York. first paragraph Passed Octr. 26th., 1786 Second referred to P M General to take Order Octr. 26th. 1786." A copy by Roger Alden is in No. 59, III, folio 421.]
The Committee [consisting of Mr. Lambert Cadwallader, Mr. Charles Pinckney, and Mr. John Bull] to whom were referr'd the Letter of Messrs. Lawrence & Morris of the 29 September last, and the Answer of the Board of Treasury to said Letter, relative to the Contract enter'd into by the said Board with Messrs. Turnbull Marmie & Co. of Philadelphia, for the Supply of Clothing for the Troops, report:
That having fully considered the several Facts and Allegations of Messrs. Lawrence & Morris and of the Board of Treasury they beg Leave to point the Attention of Congress to the Examination of the following Questions--
In ordinary Course of Affairs, when no Difficulty actually exists with Regard to the furnishing of Money for such Contracts it is the Opinion of your Committee that the Interests of the U. States would require that the Contracts should be invariably published, in Order
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to raise a Competition for the Cheapness of the several Articles which are the Objects of them; but when there is neither money in the Treasury nor any Fund on wh. the Commissioners could depend for an immediate Supply your Committee are of Opinion, that under these peculiar Circumstances the Commissioners were not bound to advertize the Contracts for Clothing as in the Instance of the last year, but were at Liberty to deviate from that mode and to adapt the Measure to the Exigence of the Case. How far the Deviation was warranted by the Circumstances of the Case will appear from the following State of Facts.
In the Contract with Mess. Turnbull Marmie & Co. it is stipulated that they shall receive in Payment a draft on the Loan Office of the State of Pennsylvania for the Amount in the new Emission Money of 1780, and in the Case the same cannot be paid in said Emission, or it should appear to them that any Difficulty may arise, so as not to answer their Purpose in the Payment for sd. Clothing; in that Case, they agree to take a Draft on the Continental L. Office in sd. State, which when paid, shall be deemed a full Payment for sd. Clothing. Your Committee are informed, that there is actually a Sum of new Emission Money in the Loan Office of Pennsylvania due to the United States; of this the Commissioners have so far avail'd themselves in the Contract with Messrs. Turnbull Marmie & Co. as, in all Probability to make Payment in it thereby substituting the new Emission Paper in Lieu of solid Coin which is so much wanted for the Discharge of our Engagements with foreign Nations. But even if the Payment should not be made in such Manner the said Messrs. Turnbull Marmie & Co. are then to resort to the Continental L. Office of Pennsylvania and wait the Ability of sd. Office to make Payment before they can receive their Money.
With Regard to the second Point, to wit, whether the sd. Contract with Messrs. Turnbull Marmie & Co. was founded on a proper Estimate of the Value of the several Articles mentioned in it your Committee observe that an Estimate of the Clothing for the Troops for the present year was included in a general Statement laid before Congress by the Secretary at War on the 19th February last and afterwards sent to the Board of Treasury in which a complete Suit of Soldiers Clothing is valued at twenty-six Dollars. On this Sum the Board of Treasury founded their Contract with Messrs. Turnbull Marmie & Co. affixing the Prices to the several Articles as mentioned
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in sd. Contract so as to amount to sd. Sum precisely. In Consequence of some Complaints made to the Secretary at War of the Clothing being fix'd at too low a Price in the former Contract with Messrs. Lawrence & Morris, to procure the several Articles of sufficient Goodness and of the Quality usually given to the Soldiery, it was thought proper to enhance the Prices of them for the present Year. This was accordingly done in the Contract with Turnbull Marmie & Co. except in a few Instances.
Upon the whole the Committee are of Opinion that as Messrs. Lawrence & Morris apprehended the Interest of the U. States had not been sufficiently attended to in the Contract for the present year there was a Propriety in their submitting to Congress such Information as they possess'd on the Subject; but upon this Occasion your Committee observe with Pleasure that, after the fullest Investigation, the Conduct of the Board of Treasury does not appear improper, as the present uncertain and deranged State of the federal Finances rendered a Publication of the Contract inexpedient and the Report of the Secretary at War justified its Formation upon the Prices stipulated therein.1
[Note 1: 1 This report, in the writing of Lambert Cadwallader, is in the Papers of the Continental Congress, No. 19, III, folio 493. According to indorsement it was read October 26, 1786.]
The Board of Treasury to whom was Referred a Memorial of George Joy, beg leave to Report:
That the Memorialist, as Agent for sundry Merchants in Europe, states that he is in repeated instances, offered Transfers of the Funded, or Registered Debt of the United States, as well as the circulating Certificates of the said States in payment, or as a Collateral Security; and that not being able to ascertain by any Acts, or Resolves of Congress, whether the Registered Certificates as above mentioned, have been liquidated at their Specie value, or whether they vest the property intended to be transferred completely and absolutely in the Persons to whom the same may be transferred, he Prays That the United States in Congress would be pleased to cause the above points to be made known in such manner, as in their Wisdom, shall be judged most advisable.
On the above Memorial the Board beg leave to state--
That the Certificates signed by the Register of the Treasury of the United States, are issued in pursuance of an Arrangement, established
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by the late Superintendant of Finance for reducing (as far as practicable) the various Evidences of the Domestic Debt of the United States, to one form.
That to facilitate this object, the Holders of any of the Certificates, which have been issued by the Commissioners duly authorised to adjust claims against the United States, and to give Certificates for the Balances found due, when liquidated at Specie value, are at liberty to exhibet the same to the Comptroller of the Treasury, who (on the same being Cancelled in his Office) issues a Warrant to the Register of the Treasury, directing him to enter of Record to the credit of the Party, at whose application the former Certificates have been Cancelled, the amount thereof; and to issue his Certificate for the same, as a Debt due by the United States.
That this Certificate when so entered, can only (agreeably to the forms of the Treasury) be transferred by the Party in whose behalf the same was entered, or his legal Representative attending for such purpose in Person.
From this statement of the origin and mode of Transferring the Certificates above mentioned, it is clear, that as they have been issued in lieu of others which had been given for Claims liquidated at their Specie value, they are, and must be considered of the same nature, in this respect, as the Original Certificates, and that the property of the same is actually vested in the Persons in whose names they are entered, or transferred agreeably to the mode above mentioned.
On examining the Journals of Congress we do not find that any mention has been made of the Certificates above mentioned, excepting in the Resolve of Congress of the 15th of April, 1784; by which the Superintendant of Finance is directed to Report the form of a concise power of Attorney for transferring such Certificates, and also the mode of executing such Power, both within and without the Jurisdiction of the United States.
As this Resolve however is not explanatory of the nature of the Certificates so to be transferred; and as it appears reasonable that the Holders of the Domestic Debt of the United States, should in this respect, stand on equal ground, The Board submit to the consideration of Congress the following Resolve:
Resolved, That the Certificates of the Domestic Debt of the United States, signed by the Register of the Treasury, are given for claims
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liquidated at their Specie value, and must be considered of the same nature as the original Claims, and that the property of the same is vested in the Persons, in whose Names, they are entered or transferred in the Books of the Treasury.
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 749. According to indorsement it was read October 26. Two accompanying, explanatory letters are on folios 753 and 757.
October 26: The "Motion Mr. [Henry] Lee ascertaining the mode, for determining the rank of Officers in the service of the U. States" was referred to the Secretary at War to report.
Committee Book No. 190.]
October 26th., 1786.
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