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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, MARCH 26, 1787.
Congress assembled present Massachusetts Connecticut New York New Jersey, Pensylvania, Delaware Virginia North Carolina and Georgia.
Mr. John B Ashe a delegate for North Carolina attended and produced the credentials of his appointment whereby it appears that he is duly appointed to represent the said in Congress until the first Monday in Novr next in the room of Charles Johnston esquire resigned.
[Credentials of John. B Ashe, North Carolina2]
[Note 2: 2 Original credentials, read March 26, 1787, in Papers of the Continental Congress, North Carolina Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, p. 209.]
The State of North Carolina
To the Honorable John B Ashe Esquire Greeting
Whereas the General Assembly by Joint Ballot of both Houses have Elected you the said John B. Ashe one of the Delegates of this State to Represent the same in the Congress of the United States of America, in the room of Charles Johnston Esquire who hath resigned,
We do therefore by these presents nominate Constitute and appoint
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you the said John B. Ashe one of the Delegates to represent this State in the Honorable the Congress of the United States of America. To hold exercise and enjoy the said appointment with all powers, preheminences, privileges, Authorities and Emoluments to the same belonging or in any wise appertaining, from the day of the date of these presents until the first Monday in November next.
Witness Richard Caswell Esquire our Governor Captain-General and Commander in Chief under his hand and our Great Seal at Fayette-ville the 22d. day of December, Anno Dom. 1786
Rd. Caswell
By His Excellys. Comd.
Winston Caswell P.S.
[SEAL PENDENT]
[Credentials of Edward Carrington, Virginia.1]
[Note 1: 1 Original credentials, produced November 20, 1786, in Papers of the Continental Congress, Virginia Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, p. 189. This is the first day in 1787 for which there is evidence that Mr. Carrington attended Congress, hence the credentials are here printed.]
Virginia To wit,
The General Assembly of this Commonwealth on the Seventh day of November One thousand Seven hundred and Eighty Six, by joint ballot of both Houses elected Edward Carrington Esquire a Delegate to serve in Congress until the first Monday in November, One thousand seven hundred and Eighty Seven.
Given under my hand and the Seal of the Commonwealth this Eigth day of November, One thousand seven hundred and Eighty Six.
[SEAL]P. Henry
[Report of Secretary of Congress on petition of M. Poten2)]
[Note 2: 2 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, pp. 49--51. This undated report is entered in first session following the reading of the petition on March 23, 1787.]
Office of Secy of Congress 1787
On the petition of Mathew Poten, stating that he is a native of Canada, that he joined the American forces in that country in 1776, that in Novr. of the same year he was appointed an ensign in the 3d.
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New York regiment in which character he served till the arrangement of the Army took place in 1778 and therefore claiming one years pay as a deranged Officer stating farther that he has not received from the public stores any provision from the 30 Novr 1780 either as a Canadian refugee or Officer and therefore praying for such relief as to Congress shall seem just.
The Secretary of Congress reports
That on the 5 July 1782 the said Mathew Poten presented a petition1 to Congress stating his case more particularly and claiming the years pay as a deranged Officer and depreciation of pay for the time he was afterwards in service.
[Note 1: 1 Papers of the Continental Congress, No. 42, VI, pp. 276--277.]
That this petition was referred to the Secy. at War who thereupon reported2 "That Mr. Poten in his petition prays for one years pay presented to Officers deranged in the year 1778, for his depreciation of pay as subaltern in the fourth Pensylvania regiment from the first day of July 1778 to the twenty sixth of Decr. 1779 at which time he resigned and for seven months pay, having served that time with New York State troops in the year 1780; as his being allowed the several sums he requests, or not, depends on the sense Congress put on their own resolves, I beg leave in short to state his demands and recite a resolve of Congress or two which may serve to throw some light on the subject. In the year 1778 Many officers were deranged afterwards on the 24 Novr Congress resolved3 that as such Officers (as a provision until they could return to civil life) should receive one years pay: Mr. Poten was deranged on the 24 May 1778 and was appointed to the same rank in the line of the State of Pensylvania on the 1 July following. He now prays allowance for the years pay promised to deranged Officers. He asks for the depreciation of his pay while a subaltern in the line of the State of Pensylvania. He resigned his Commission prior to the resolve4 of Congress of the 10th. of April 1780 in which they promised to make good the deficiency of the pay of the Army occasioned by depreciation. His last request is that Congress would pay him seven months pay due to him while he served in a corps of troops raised by New York; If Congress have undertaken to pay that corps I do not see how they can attend to the request of individuals". In consequence of this report of the Secretary at War, the United
[Note 2: 2 Journals, vol. XXII, p. 377.]
[Note 3: 3 Journals, vol. XII, p. 1156.]
[Note 4: 4 Journals, vol. XVI, pp. 344--345.]
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States in Congress assembled on the 9th. July 1782 were pleased to Order"
That the petition of the said Matthew Poten be dismissed
On this state of facts the Secretary of Congress reports that the [And consequently] the first part of the present petition is already decided on.
With regard to the latter request in his petition namely some compensation on account his not drawing provisions from the public Stores either as a Canadian refugee or Officer the Secy of Congress farther reports,
That the resolution1 of the 9th. of August 1783 is confined to the Officers of the regiment lately commanded by brigr Hazen and to certain canadian refugees then residing at Fishkill. That the resolution2 of the 11th. July 1785 which discontinues the subsistance of Officers above the grade of a captain seems to continue and extend the grant of one ration a day to all Canadian refugees Men Women and children to the 1 day of June 1786 and the resolution of the 15 June 1786 granting 15 Months rations is confined to such Canadian Inhabitants as were then residing in the State of New York and who had then accepted donations of lands from the same and would settle thereon. The petitioner does not seem to come within the purviews of the first and last recited resolutions and if he did not avail himself of the benefit of the other it may be presumed he was not in such indigence as to make it necessary.
[Note 1: 1 Journals, vol. XXIV, pp. 497--498.]
[Note 2: 2 Journals, vol. XXIX, pp. 521--522.]
Upon the whole the Secretary of Congress is of Opinion
That Mathew Poten have leave to withdraw his petition or that it be rejected.
[Report of Board of Treasury on letter of W. Bingham3]
[Note 3: 3 Papers of the Continental Congress, No. 138, I, pp. 119--120, read March 26, 1787. See March 21, 1787.]
The Board of Treasury to whom was referred a Letter from the Hon'ble Mr. Bingham of the 21th March 1787.
Beg leave to Report,
That the Memorialist States, "that during his residence in the Island of Martinico, as Political and Commercial Agent of the United States, he received from the Government of that Island, sundry Advances, for which he became personally responsible; and that in
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consequence it becomes necessary to transfer a Credit on the Books of the Treasury, for the amount of the Balance due on the above Advances.
"That a particular mode of Certifying this Evidence of Credit is required and that he therefore sollicits that the Comptroller of the Treasury may be authorised to grant such a Certificate for the same as should be agreeable to the French Government."
On the above application the Board beg leave to Report,
That the Balance stated to be due to the Government of the Island of Martinico, has been included in Mr. Binghams Public Accounts, and discharged by the United States, who are therefore, in no wise responsible for the same.
That the mode of Certifying the Balance due by Mr. Bingham, to the Government of the Island of Martinico, would create a Debt, the Principal and Interest of which, would be payable in a Foreign Country; and that it would therefore be improper, on a private Application, and for purposes not of a Public nature, to Transfer any part of the Domestic Debt of the United States, in such a manner as to make the Capital and Interest accruing on it, demandable abroad.
Under the above Circumstances the Board beg leave to suggest, that it would not be expedient to comply with the Application referred to them.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
March 24th. 1787.
[Report of Board of Treasury on memorial of T. Machin1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 69--71, read March 26, 1787. See February 26 and April 10, 1787.]
The Board of Treasury to whom was referred the Memorial of Captain Thomas Machin late an Engineer in the Service of the United States,
Beg leave to Report,
That it appears to this Board from the Report of the Commissioner of Army Accounts, that Captain Machin received of Colonel Lamb, on the 23d. of September 1777, the Sum of Two hundred Dollars; and, that on the 6h. of October following, when Fort Montgomery was taken by Assault, he lost his Baggage and all his Clothing, excepting what was on his person at the time the Fort was taken.
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That Captain Machin has accounted with the Commissioner of Army Accounts for all the Public Monies that went through his hands; and that it does not appear in his Settlement, that he made any payment betwixt the time he received this Money, and the loss of his Baggage, excepting the Sum of Forty Dollars, which he disbursed on the 2d. October 1777.
That Captain Machin states, that the difference betwixt the Sum he received and what he disbursed, must have been lost with his Baggage; and that from the Character of that Officer and the circumstances above stated, there is every reason to suppose that he actually sustained this loss, in the manner abovementioned.
The Board therefore submit to the consideration of Congress the following Resolve,
That in the Settlement of the Accounts of Captain Thomas Machin, he be allowed by the Commissioner of Army Accounts, the Sum of One hundred and sixty Dollars; which Sum appears to have been lost with his Baggage at the taking of Fort Montgomery; provided that the attestation, usual in such cases, be made by Captain Machin, previous to the above Sum being past to his Credit.
With respect to Captain Machin's claim for depreciation of his Pay whilst acting as an Engineer, prior to the 10th. day of August 1780, at which time he was in the Service of the United States, The Board beg leave to observe, That the Resolve1 of Congress of the 21st. February 1783, having referred it to the several States to adjust and discharge, on account of the United States, any deficiency of Pay which might be due to Officers of the late Line of the Army, acting in the general Staff Departments, it would be improper, in the opinion of this Board, to adopt any special Resolve in the case of the Memorialist.
[Note 1: 1 Journals, vol. XXIV, p. 144.]
All which is humbly submitted.
Samuel Osgood
Walter Livingston.2
[Note 2: 2 March 26, 1787. According to indorsement was read a letter of Joseph Martin to Charles Thomson, January 5, 1787, informing on the disturbances and unrest of the Western Indians. Papers of the Continental Congress, No. 56, pp. 185--187.]
March 23d. 1787.
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