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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, APRIL 18, 1787.
Congress assembled present Massachusetts Rhode island Connecticut New York New Jersey Pensylvania Virginia North Carolina and Georgia and from Delaware Mr [Dyre] Kearny.
Mr John Armstrong a delegate for Pensylvania attended and produced credentials whereby it appears that on the 24 March last he was appointed a delegate to represent the said state.
[Credentials of John Armstrong, Pennsylvania.2]
[Note 2: 2 The original credentials, on parchment, read April 18, 1787, in Papers of the Continental Congress, Pennsylvania Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, p. 212.]
In the Name and by the Authority of the Freemen of the Commonwealth of Pennsylvania.
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The Supreme Executive Council, of the said Commonwealth,
To The Honorable John Armstrong junior Esquire
Whereas, The General Assembly of this Commonwealth have, by their Act of the twenty fourth Day of March in the Year of B Franklin (Seal) our Lord one thousand seven hundred and eighty seven elected you a Delegate to represent this State in the Congress of the United States, You are therefore hereby commission as such.
Given in Council, under the Hand of His Excellency Benjamin Franklin esquire, President, and the Seal of the State, at Philadelphia, this tenth Day of April in the Year of our Lord one thousand seven hundred and eighty seven.
Attest
James Trimble
for John Armstrong Jr. Secy
[Report of Board of Treasury of draft of ordinance for settling accounts.1]
[Note 1: 1 Papers of the Continental Congress, No.139, pp. 505--510, read April 18, 1787. April 20 assigned for second reading. Read a second time May 4 and passed with amendments May 7, 1787. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, II, p. 419. See March 29, 1787 for motion on the subject.]
The Board of Treasury to whom was referred a Motion for Repealing the Ordinance of the 13th. of October last, and that the Board be directed to Report an Ordinance for the expeditious and equitable Settlement of the Accounts between the United States, and the Individual States,
Beg leave to Report the following Ordinance,
Be it Ordained by the United States in Congress Assembled.
That five Commissioners be appointed whose duty it shall be to go to the several Districts hereafter mentioned, for the purpose of Stating the Accounts of the several States within those Districts against the United States.
That the States of New Hampshire, Massachusetts, Connecticut and Rhode Island, form one District.
That the State of New York and New Jersey form one District.
That the States of Pennsylvania, Delaware and Maryland, form one District.
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That the States of Virginia and North Carolina, form one District, and
That the States of South Carolina and Georgia, form one District.
And be it further Ordained Thatbe and he is hereby appointed Commissioner of Accounts for the four Eastern States.
Thatbe, and he is hereby appointed Commissioner of Accounts for the States of New York and New Jersey.
Thatbe, and he is hereby appointed Commissioner for the States of Pennsylvania Delaware and Maryland.
Thatbe,and he is hereby appointed Commissioner of Accounts for the States of Virginia and North Carolina.
Thatbe,and he is hereby appointed Commissioner of Accounts for the States of South Carolina and Georgia.
That it shall be the duty of the said Commissioners to receive of the respective States for which they are appointed all their Accounts and Vouchers for payments made on account of Bounties, Pay, and Depretiation of Pay to the late Army of the United States; and for Advances to the Militia called out under the Authority of the said States, and actually in their Service; and to give descriptive acknowledgments thereof to the States, from which they may be received; which Accounts and Vouchers shall be immediately forwarded to the Commissioner of Army Accounts, whose duty it shall be to examine and pass such as are authorised by the Resolves of Congress and supported by proper Vouchers; and to state such as may not fall under the above description, together with such remarks as may tend to elucidate the nature of these Claims.
That it shall further be the duty of the said Commissioners to receive in like manner, the Accounts and Vouchers for Monies paid on the Requisitions of Congress, previous to October 1781, and to forward the same to the Office of the Comptroller of the Treasury, whose duty it shall be to reduce the same to Specie value agreeably to the rate of Exchange prevailing in the State at the time when Payments were made.
That it shall also be the duty of the said Commissioners to receive and examine all the Claims of the States to which they are appointed, against the United States, for Advances or Disbursements by them made for the Use of the late Commissary, Quarter Masters, Clothing, Marine and Hospital Departments, or under any other description whatsoever to pass upon all such as are authorised by the Resolves of Congress and supported by proper Vouchers (so far as it respects
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the Evidence offered in support of the said Claims) and to state such as are not thus warranted, or supported, together with such remarks as may explain the nature of these Accounts, and the reasons offered for the deficiency of Vouchers.
And be it further ordained by the Authority aforesaid That on all the Accounts aforesaid, Interest shall be Allowed at the rate of Six per Cent per Annum, agreeably to the Resolves of Congress.
And Whereas it is essential to the Welfare of the Confederacy, that the Accounts of the several States should be speedily Adjusted; that this adjustment should be effected on uniform Principles, and that provision should be made for allowing such Disbursements as may have been made by the respective States for the benefit of the Union, although the same be not sanctioned by the Resolves of Congress or supported by regular vouchers.
Be it therefore Ordained, That the several States be, and they are hereby limited to the space of six Months for exhibiting to the proper Commissioner, their Claims against the United States of whatever nature the same may be; and that such States as may neglect to exhibit the same within that period of time, after the Commissioner has notified to the Supreme Executive thereof, that he is ready to proceed on the Business of his Commission, shall be precluded from any future Adjustment; but shall nevertheless stand chargeable with all Advances of Money or other Articles, which may have been made to them respectively by the United States, and with what ever Balances may be yet due on their several Quotas of the general Requisitions.
And be it further Ordained, That the said Commissioners of Districts, shall within Twelve Months after they enter on the duties of their several Appointments, repair to the place, where the United States in Congress may hold their Sessions, with such Accounts and Vouchers as they may have in possession, and deliver the same to the Comptroller of the Treasury; on which their Commission shall terminate.
Be it further ordained, That onday ofCommissioners be appointed by the United States in Congress Assembled, whose duty it shall be to receive from the Comptroller of the Treasury, and from the Commissioner of Army Accounts, all the Accounts and Claims of the several States deposited in their respective Offices; and to Examine such of the said Accounts as have been past by the Commissioners of the several Districts, in order that the same may
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be finally Adjusted on uniform principles: Provided that such revision of the Accounts abovementioned, shall not in any wise effect the validity of the Vouchers admitted by the Commissioners of the respective Districts.
And be it further Ordained, That wherever it shall appear to the said Commissioners, that disbursements of the description aforesaid, have been made by any of the States, for Articles or Services, for the Use of the United States, or which have had an evident tendency to promote the general Welfare of the Union; that the said Commissioners be, and they are hereby vested with full power and authority to make such Allowance for the same as they shall think consistent with the principles of general equity; although the same be not supported by regular Vouchers.
And be it further Ordained, That the determination of a Majority of the aforesaid Commissioners on the Claims submitted to them, shall be final and conclusive.
And be it further Ordained, That the Pay of the Commissioners of Districts, shall be at the rate of Twelve hundred and fifty Dollars per Annum; and that of their Clerks at a rate not exceeding Four hundred and fifty Dollars per Annum each.
That the Commissioners who form the Board shall be allowed respectively at the rate ofper Annum; and that their Commission (unless sooner revoked) shall continue in force for One Year and a half, to be computed from the time of their Appointment.
And be it further Ordained, That all persons employed, or to be employed, in pursuance of this Ordinance shall previous to entering on the duties of their Office, take and Subscribe the usual Oath of Office, Certificates of which shall be deposited with the Secretary of Congress.
And be it further Ordained, That the Ordinance of the 13th. of October 1786, entitled "an Ordinance for Establishing a Board to Liquidate and Settle all Accounts between the United States, and Individual States" be, and it is hereby Repealed.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
April 16th. 1787.
An Ordinance for settling the Accts. between the United States and individual States was read a first time.
Ordered that Friday next be assigned for the Second reading of the said Ordinance.
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[Motion of Mr. King respecting the requisition and loan1]
[Note 1: 1 Papers of the Continental Congress, No. 29, p. 227, in the writing of Mr. Rufus King. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 145, it was referred to the Board of Treasury to report. Report rendered April 21. See May 3, 1787.]
Whereas
Resolved that the requisition for 530,000 Dollars passed on the 21. of Oct. last together with the Resolve directing the B. of T. to open a loan for that sum on the Credit of ye said Req.2 be and hereby are repealed
[Note 2: 2 See Journals, vol. XXXI, pp. 894--895. The requisition was for $530,000 and the loan for $500,000.]
Resolved that all monies advanced by any of the States for the recruiting subsisting or cloathing of the Troops directed to be raised by the Resolution of the 20th of Oct. he credited to the States respectively on the Req. of the 27 Sept. 1785
[Motion of Mr. Madison on a Minister to Spain3]
[Note 3: 3 Papers of the Continental Congress, No. 81, III, p. 95, in the writing of Mr. James Madison. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 145, it was referred to the Secretary for Foreign Affairs to report. Report rendered April 20, 1787. See April 13, 1787.]
Resolved that the present State of the negociations with Spain, and of the Affairs of the United States, renders it expedient that the Minister Plenipotentiary at the Court of France, should proceed under a special Commission to the Court of Madrid there to make such representations, and to urge such negociations, as will be most likely to impress on the said Court the friendly disposition of the United States, and to induce it to make such concessions and arrangements touching the Southern limit of the U.S. and their right to navigate the Mississippi below the same, and to enter into such commercial stipulations with the United States, as may most effectually guard agst. a rupture of the subsisting harmony, and promote the mutual interests of the two nations.Resolved that the Secretary for the department of Foreign Affairs prepare and report the instructions proper to be given to the said Minister Plenipotentiary, with a proper commission and letter of credence; and that he also report the communications and explanations which it may be advisable to make to Mr. Guardoqui relative to this change in the mode of conducting the negociations with his Court.
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[Report of Board of Treasury on memorial of F. Mentges1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 141--142, read April 18, 1787 and passed August 20, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 495. See March 1, 1787.]
The Board of Treasury to whom was referred the Memorial of Francis Mentges, late a Lieutenant Colonel in the Service of the United States,
Beg leave to Report,
That Colonel Mentges claims a compensation for Extra Services, whilst Superintending the Hospitals in the State of Virginia, from the 5h. of November 1781, to the 28h. of March 1782, and produces in support of his Claim, a Letter from the late Commander in Chief, in which he is considered as transacting this duty.
That he has not exhibited the orders of the Commander in Chief to shew when this duty commenced; or offered any Evidence of the time when it ended.
On the above Statement the Board beg leave to Observe, That previous to the 1st. of February 1781, it was not unusual for the Commander in Chief to order compensation to be made to Officers, on account of Extra Service, under the Resolution2 of the 4th. September 1778, which was Repealed at the period first mentioned.
[Note 2: 2 Journals, vol. XII, p. 878.]
That as the Act3 of Congress of the 2d.November 1785, has limited the Adjustment of any Claims to the 1st. day of August 1786, it would be improper in the Opinion of this Board, to establish a precedent for admitting Claims for Extra Services in the Military Line, whose extent cannot be ascertained; and which are altogether unauthorised by any Acts of Congress; The Board therefore submit to the consideration of Congress, the following Resolve.
[Note 3: 3 Journals, vol. XXIX, p. 866.]
That the Memorial of Francis Mentges, late a Lieutenant Colonel in the Pennsylvania Line, be dismissed; the Prayer thereof being inadmissable. [dismissed]
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
April 17th. 1787.
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[Report of Board of Treasury on memorial of L. Wallingford 1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 483--485. The covering letter of the Board, read April 18, 1787, is on p. 487. See March 15, 1787.]
The Board of Treasury to whom was referred the Memorial of Lydia Wallingford, Widow of Samuel Wallingford, late an Officer of Marines on Board the Continental Ship Ranger,
Beg leave to Report,
That the Petitioner Claims the benefit of a Resolve of Congress, granting to the Widows of Officers, who have died in the Service of the United States, half Pay for Seven Years and that she may receive the proportion of Bounty to which her deceased Husband was entitled by certain Resolves of Congress, for the Guns and Men captured by the Ranger, during the time her deceased Husband served on board the said Ship.
On the above Application, The Board beg leave to Report,
That the Act2 of Congress of the 28th. November 1775 directs, That where any Officer or Seaman, shall be killed in the Service of the United States, the Widow shall receive a certain Sum, to be deducted from the net proceeds of the Prize Money, previous to its distribution, together with the Deceaseds Share of the Prize Money.
[Note 2: 2 Journals, vol. III, pp. 386--387.]
That by the Resolve3 of Congress of the 26th. of August 1776, Provision is made for such Officers and Seamen, as may lose a Limb or be otherwise disabled; but that it does not appear, that it has ever been extended to the Widows of such as were Killed in the Service of the United States.
[Note 3: 3 Journals, vol. V, pp. 702--705.]
That the Act4 of the 24th. August 1780 (on which the Memorialist appears to found her Claim) is confined to Officers in the Line of the Army of the United States.
[Note 4: 4 Journals, vol. XVII, p. 773.]
Under the above circumstances the Board beg leave to Observe,
That the only compensation to which the Memorialist is entitled, in consequence of the Loss of her Husband in the Service of the United States, is Three hundred Dollars, as Established by the Act5 of Congress of the 28th. November 1785; but, as it appears from a Certificate of Supply Clap, and William Gardner, that they were appointed Agents for the Crew of the Ship Ranger, the Claim for the
[Note 5: 5 There is no act of this date. Apparently the year should be 1775.]
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above compensation lays against the said Agents, and not against the United States.
With respect to the proportion of Bounty for Guns and Men to which the Husband of the Memorialist may be entitled, the Commissioner for the Marine Department is fully authorised to Settle the same on the proper Vouchers in support thereof being produced at his Office.
All which is humbly Submitted
Samuel Osgood
Walter Livingston
April 16th. 1787.
[Letter of Secretary at War on usurpation of public lands1]
[Note 1: 1 Papers of the Continental Congress, No. 150, II, p. 307, read April 18, 1787. The copy of letter of Major John P. Wyllys to Colonel Harmar, February 6, 1787, is on pp. 303--304. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 145, the letter was referred back to the Secretary at War to report. Report rendered April 20, 1787.]
War Office April 16th. 1787.
Sir: I have honor to inform Congress that I have received a letter from Colonel Harmar dated the 18th. March at Fort Pitt. He was then on a tour visiting the posts under his command, and was about going down the Ohio to the post at the rapids, from which he expected to return to the Muskinghum, about the middle of May.
He says "that he has had some conferences with General Butler, and from all accounts, matters seem to bear a more favorable aspect with the savages than they hitherto have done."
He has also transmitted the enclosed extract of a letter from Major Wyllys who is stationed at the Rapids of the Ohio. The usurpation of the public lands by a body of armed men highly deserves the attention of Congress. If such audacious defiance of the power of the United States be suffered with impunity a precedent will be established, to wrest all the immense property of the western territory out of the hands of the public.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress.
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[Letter of Secretary for Foreign Affairs transmitting letters of Mr. Jefferson1]
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 221, probably read April 18, 1787.]
Office for Foreign Affairs
18th. April 1787
Sir: I have the Honor of transmitting to your Excellency herewith enclosed the Letters2 I received from Mr. Jefferson by the last Packet, of the 12th. Novemr., 31st. December, 9th. January, 1st. February and 8th. February last, with the Papers referred to in them, and Translations of such as are in french.
[Note 2: 2 The letter of November 12, 1786 is in Papers of the Continental Congress, No. 87, I, p. 766, with its enclosure, a Memoire, pp. 770--778 and translation pp. 782--787. That of December 31, 1786, ibid. pp. 790--792, with enclosures pp. 794, 798--803 and a translation p. 806. Copies of those of January 9 and February 1, 1787 are in Papers of the Continental Congress, No. 107, I, pp. 418--439, and that of February 8, 1787, in Papers of the Continental Congress, No. 107, II, p. 1. See April 20 and 23, 1787.]
With great Respect and Esteem I have the Honor to be, etc.,
John Jay.3
[Note 3: 3 April 18, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 145, the following petitions were referred to the Board of Treasury to report: Memorial of David S. Franks, April 17, 1787, read April 18, relative to the settlement of his accounts. Papers of the Continental Congress, No. 41, III, pp. 362--363. Report rendered and acted on May 8, 1787.
Petition of Sylvanus Townsend, Amos Underhill and John Butler, read April 18, 1787. Papers of the Continental Congress, No. 42, VII, pp. 485--486. Report rendered July 17, 1787. See act of October 26, 1787.
Also according to the Committee Book, p. 142, Mr. Nathan Dane was appointed to the committee of March 29, 1787 on Illinois papers, in the room of Mr. William Irvine.
According to indorsement the following letters were read:
Letter of Governor Edmund Randolph to the Delegates of Virginia, March 27, 1787 respecting the Cherokee Indians. Papers of the Continental Congress, No. 71, II, p. 479. The enclosures, copies of a letter of Joseph Martin to Randolph and a speech of Randolph to the Indians, also read, are on pp. 483--484, and 487--488.
Letter of Thomas Hutchins to President of Congress, dated and read April 18, 1787, transmitting a plan of four ranges of townships surveyed in the Western territory in 1786. Papers of the Continental Congress, No.60. p. 301.]
His Excellency
The President of Congress.
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