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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 --WEDNESDAY, MARCH 21, 1787.
Congress assembled present as yesterday.
On the report2 of the board of treasury to whom was referred the memorial of colonel Marinus Willet together with a report of the Commissioner of army accounts and a committee of Congress3 on the said report.
[Note 2: 2 See March 8, 1787.]
[Note 3: 3 Journals, vol. XXXI, p. 564.]
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Resolved That the commissioner of army accounts settle with such of the officers and men of the regiment lately commanded by colonel Marinus Willet as were in the actual service of the United States during the year 1783 for all arrears of pay and subsistence respectively due to them.
1On the report2 of the Secretary of the United States for the department of foreign Affairs to whom was referred a letter3 of the 4 March 1786 from Mr J Adams minister plenipotentiary of the United States of America at the court of London together with the memorial4 of the said minister dated the 30 Novr 1785 and presented by him on the 8 of December following to his Britannic Majesty's Secretary of State; and the answer received by Mr Adams to the said memorial and contained in a letter5 from the said Secretary of State dated at St James Feby 28, 1786 and other papers accompanying the same,
[Note 1: 1 From this point to the end of the day the proceedings are also entered by Benjamin Bankson in the Secret Journal Foreign'Affairs, Papers of the Continental Congress, No. 5, vol. 3, pp. 1563--1564.]
[Note 2: 2 See Journals, vol. XXXI, pp. 781--874.]
[Note 3: 3 Papers of the Continental Congress, No. 84, VI, p. 147.]
[Note 4: 4 Papers of the Continental Congress, No. 84, V, pp. 745--746.]
[Note 5: 5 Papers of the Continental Congress, No. 84, VI, pp. 151--175 (copy).]
Congress unanimously agreed to the following resolutions.6
[Note 6: 6 See Journals, vol. XXXI, pp. 869--870. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 141, the report of the Secretary for Foreign Affairs of October 13, 1786, was referred back to report a draft of a letter to the States to accompany these resolutions and also a draft of instructions to Mr. Adams on the same subject. Report of the draft to the States rendered April 9, and of instructions to Mr. Adams on April 23, 1787.]
Resolved That the legislatures of the several States cannot of right pass any act or acts for interpreting, explaining or construing a national treaty or any part or clause of it; nor for restraining, limiting or in any manner impeding, retarding or counteracting the operation and execution of the same for that on being constitutionally made ratified and published they become in virtue of the confederation part
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of the law of the land and are not only independent of the will and power of such legislatures but also binding and obligatory on them.
Resolved That all such acts or parts of Acts as may be now existing in any of the States repugnant to the treaty of Peace ought to be forthwith repealed, as well to prevent their continuing to be regarded as violations of that treaty as to avoid the disagreeable necessity there might otherwise be of raising and discussing questions touching their validity and Obligation.
Resolved That it be recommended to the several States to make such repeal rather by describing than reciting the said acts and for that purpose to pass an Act declaring in general terms that all such acts and parts of acts repugnant to the treaty of peace between the United States and his britannic Majesty or any article thereof shall be and thereby are repealed and that the courts of law and equity in all causes and questions cognizable by them respectively and arising from or touching the said treaty shall decide and adjudge according to the true intent and meaning of the same, any thing in the said acts or parts of acts to the contrary thereof in any wise notwithstanding.
[Report of Board of Treasury on application of M. Schmyser1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 329--331, read March 21, 1787. The covering letter of the Board, also read, is in the Papers of the Continental Congress, No. 140, I, p. 335.]
The Board of Treasury to whom was referred for reconsideration, their Report2 on the Application of Michael Schmyser, together with a Motion3 relative thereto,
[Note 2: 2 Journals, vol. XXXI, pp. 334--335.]
[Note 3: 3 Motion of Mr. Arthur St. Clair, September 4, 1786. See Journals, vol. XXXI, pp. 633--634.]
Beg leave to Report,
That the reason assigned by the said Motion for reconsidering the former Report of the Board is, that the same is founded on the idea
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that the Arms for which payment had been made in Continental Money were procured on the credit of the Memorialist; whereas (as it is alledged) they were purchased on the personal Credit of the Soldiers under his Command, who are liable to prosecution for their just value to the Inhabitants, by whom they were respectively furnished.
On a mature consideration of the circumstance above mentioned, The Board are of Opinion, that the principles on which their former Report is founded are not affected by it; Since Mr. Schmyser, must be presumed to have been the Agent for the Parties, who made themselves liable for the Cost of the Arms; and consequently his Acts in receiving the Continental Money, notwithstanding its depretiated State, and in not offering to return it at an early period, must be considered as the Acts of the Persons whose interests he represented.
The Board are sensible of the disagreeable Situation to which the persons stated in the Motion may be reduced by the consequences of the Transaction; but they cannot recommend in any instance a reconsideration of an Account, of which payment has been formally made at the Treasury, on account of the Depretiated State of the Currency, at the time the same was received; Since the consequence of such a precedent, might operate so, as not only to set afloat, in numerous instances, former Adjustments of the Public Accounts, but expose the United States to Demands, to which no Revenue within their power could possibly be adequate.
Whether the case of the Parties, affected by this transaction, is of that nature, or importance, as to induce the United States in Congress to exercise their prerogative of extending a Gratuity to them, the Board do not take upon themselves to determine. They beg leave however to suggest that if relief is proper, the same can, in their opinion, be only applied with safety in the mode above mentioned.
All which is humbly Submitted.
March 20th. 1787.
Samuel Osgood
Walter Livingston1
[Note 1: 1 March 21, 1787. According to indorsement there was read, and referred to the Board of Treasury to report, a letter from William Bingham, asking for a certificate regarding a balance due to France in his Martinique accounts. Papers of the Continental Congress, No. 78, IV, p. 533. Report rendered March 26, 1787. The copy of an additional statement, date March 22, is on pp. 537--540.]
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