| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, MARCH 28, 1787.
Congress assembled. Present Massachusetts, Connecticut New York, New Jersey, Pensylvania, Delaware, Virginia, North Carolina and Georgia and from Rhode island Mr [James Mitchel] Varnum and from South Carolina Mr [Daniel] Huger.
The Delegates of New Jersey having moved3 as follows
[Note 3: 3 The original motion, in the writing of Mr. Lambert Cadwallader, is in the Papers of the Continental Congress, No. 36, III, pp. 341--342. It is indorsed March 28, 1787, question taken and lost.]
Whereas the legislature of New Jersey did by their resolution of the 23 of Novr last empower his Excellency governor Livingston to apply to Congress for the loan of five brass field pieces for the use of the said state; and whereas the Governor of the said state in pursuance of the aforementioned resolution
Page 138 | Page image
resolution has written to the delegates of New Jersey to apply to the United States in Congress assembled for the same, the said delegates in conformity with the governor's request submit the following resolutions. 1. That the secretary at War deliver to the order of Governor Livingston from the arsenals of the United States five brass field pieces three or four pounders for the use of the state of New Jersey for the return of which when demanded by Congress the governor of the said state shall be personally responsible and also for their value in case of damage or loss unless they should not be demanded before a war between the United States and any other power and they happen to be lost in an engagement with the enemy in which case their loss shall be deemed a national loss. 2. That the Secretary at War take a receipt of governor Livingston for the said artillery expressing the governor's personal responsibility for their return on the terms and conditions mentioned in the foregoing resolution".
A motion was made by Mr [Melancton] Smith seconded by Mr [William] Pierce to postpone the consideration of the above motion in order to take up the following
"That however desirous Congress may be on every occasion to comply with the request of the state of New Jersey, they cannot with a due regard for the public safety establish a precedent for dispersing the field artillery or military stores of the United States by loaning the same to individual states; but earnestly recommend it to every state not supplied with such artillery or stores to procure them without delay pursuant to the sixth article of the Confederation"
And on the question to postpone for the purpose above mentioned the yeas and nays being required by Mr [Melancton] Smith
Page 139 | Page image
{table}
So the question was lost.
A question being then taken to agree to the motion of the delegates of New Jersey, the same was lost.
[Motion of Mr. Irvine on sale of public buildings1]
[Note 1: 1 Papers of the Continental Congress, No. 20, II, p. 185, in the writing of Mr. William Irvine. See below this same day for committee appointed on this motion. See July 20 and October 17, 1787.]
Resolved that the Board of Treasury be and they are hereby authorised and directed to dispose of for Specie or public Securities, such of the public buildings, at Carlisle in Pennsylvania, as in the opinion of the Secretary at War are no longer necessary to be occupied by the United States, either by public or private sale as in the Judgment of the board may be most advantageous on the best terms that can be obtained.
Page 140 | Page image
[Report of Board of Treasury on memorial of Willing, Morris and Swanwick1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 557--558, read March 28, 1787.]
The Board of Treasury to whom was referred the Letter2 of Messrs. Willing, Morris, and Swanwick, of the 4th. of August 1785,
[Note 2: 2 See Journals, vol. XXIX, p. 650 n.]
Beg leave to Report,
That the Comptroller of the Treasury in his Letters3 to his Excellency the President of Congress of the 14th. and 19th. January, 1785, has stated the facts, on which the application made in this Letter is founded, to which Letters (being in the Office of the Secretary of Congress) the Board beg leave to refer.
[Note 3: 3 See Journals, vol. XXVIII, p. 12 n.]
On the above statement it appears to the Board, that the Memorialists have no Claim against the United States for the value of the Counterfeit Certificates (which they purchased through mistake) and Registered in the Books of the Treasury; since no error of a Public Officer in admitting an improper Credit, can make the United States chargeable therewith, when the same is discovered.
That in the instance on which the application is grounded, the Forgery was of a nature so extraordinary, and so difficult of detection, that the Officers of the Treasury, are not justly chargeable with inattention in not discerning the same, since at that period, no suspicion existed of such Certificates being Counterfeited; neither were the Registers of the same printed to enable the Officers to check them when presented at the Treasury.
They therefore beg leave to Report to Congress the following Resolve,
That the Application of Messrs. Willing, Morris, and Swanwick, for a reimbursement of a loss stated to be by them sustained on sundry Counterfeit Certificates issued by the Commissioner of Army Accounts, and Registered through mistake on the Books of the Treasury,
Page 141 | Page image
cannot be complied with; the Memorialists having on that account no Claim whatsoever against the United States.
All which is Submitted.
Samuel Osgood
Walter Livingston1
[Note 1: 1 March 28, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 142 the following committee was appointed:
Mr. James Mitchel Varnum, Mr. Edward Carrington, Mr. Rufus King, Mr. William Few and Mr. James Madison on motions respecting troops to be raised, the Western posts and the sale of buildings at Carlisle. A report on the troops was rendered April 4, and the committee was renewed July 20, 1787.
According to indorsement a memorial of Benjamin Stelle, February 14, 1787, respecting settlement of his accounts, was read and referred to the Board of Treasury to report. Papers of the Continental Congress, No. 41, IX, pp. 435--437, with eight supporting documents on pp. 439--459. Report rendered May 2, 1787. Cf. Committee Book, p. 142.
Also there was laid before Congress an Act of the Council of Virginia relative to G. R. Clarke and affairs in the Western territory with accompanying papers. Papers of the Continental Congress, No. 71, II, p. 491 if. See March 30 and April 13, 1787, where the documents are entered in the Secret Journal, Foreign Affairs.]
March 27th. 1787.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |