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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 --TUESDAY, APRIL 24, 1787.
Congress assembled. Present as yesterday.
On a report1 of the Secretary at War to whom was referred his letter of the 16 transmitting an extract of a letter from Major Wyllys,
[Note 1: 1 See April 20, 1787.]
Resolved That the Secretary at War direct the commanding officer of the troops of the United States on the Ohio to take immediate and efficient measures for dispossessing a body of men who have in a lawless and unauthorised manner taken possession of post St Vincents in defiance of the proclamations and authority of the United States and that he employ the whole or such part of the force under his command as he shall judge necessary to effect the Object.
[Representation of Massachusetts and New York delegates2]
[Note 2: 2 Papers of the Continental Congress, No. 65, II, p. 239, read April 24, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 146, it was referred to a committee consisting of Mr. William Samuel Johnson, Mr. Abraham Clark and Mr. James Mitchel Varnum. Report rendered August 6, 1787. See October 8, 1787. Agreement on parchment filed.]
To the United States in Congress assembled,
We the under written Nathaniel Gorham, Rufus King and Nathan Dane Delegates from the State of Massachusetts and John Haring, Melancton Smith and Egbert Benson Delegates from the State of New York in the said Congress do for, and in the name of the said States respectively represent, that the Controversy between the said two States respecting Territory having ceased it is therefore become unnecessary that the Foederal Court, for the Appointment whereof Proceedings have been had in Congress, should convene. Given under our Hands this Twenty third day of April in the Eleventh Year of the Independence of the United States, 1787.
Nathaniel Gorman
Rufus King
Nathan Dane.
John Haring
Melancton Smith
Egbt. Benson
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[Report of Board of Treasury on memorial of S. Nicholson1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 197--204, read April 24, and passed August 1, 1787. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 355. See March 23, 1787.]
The board of Treasury to whom was referred a Memorial of Samuel Nicholson, late a Captain in the Navy of the United States,
Beg leave to Report,
That the Memorialist states, that in the Years 1778, and 1780, a Statement was made of his Accounts by the Navy Board of the Eastern Department, for his Pay and Disbursements as a Captain in the Navy of the United States; by which Statement the Balance, to which he conceives himself justly entitled, is greatly diminished; That he therefore sollicits a Revision of the said Account; and that the same may be Adjusted on such Principles, that he may not suffer by the Depretiation of the Monies by him received, and wherewith he stands charged as Specie.
On the above Memorial, the Board beg leave to observe that, as the Case of the Memorialist involves other Applications of a similar nature, which are daily arising in the Settlement of the Marine Accounts; they have thought it adviseable to enquire into the Principles, on which the Accounts of Persons serving in the Marine Department, during the late War, had been Settled; and beg leave to lay before Congress the following state of Facts, relative to the Allowance of Depretiation on the Pay of the Navy of the United States.
In the Month of July 1780, the Board of Admiralty represented to Congress, that the provision of Wages and Bounty granted to the Navy, had by the Depretiation of the Money ceased to be an adequate encouragement for them to serve, and therefore recommended certain Resolves2 in remedy thereof, which were adopted by Congress on the 11th. of July 1780; and by which it is declared that the Pay of the Officers and Men in the Navy of the United States, as fixed by the Act3 of Congress of the 15th. November 1776, shall thereafter be considered as and paid in Specie, or other Money equivalent; and in like manner with respect to the Subsistence Money due to the said Officers; and that Forty Dollars in Paper should be considered as an equivalent to One in Specie.
[Note 2: 2 Journals, vol. XVII, pp. 602--603.]
[Note 3: 3 Journals, vol. VI, pp. 953--955.]
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By a recurrence to the Pay Rolls, as well as the expression of this Resolve, it appears not to have been considered as having a retrospective view; as in the said Rolls, the Pay is charged at its original Establishment 'till the 11th. July 1780, and at forty times that Sum after that period.
In June 1781, the Board of Admiralty again represented to Congress, that the provision made by the Resolve of the 11th. July 1780 (allowing Forty Dollars in Paper, for One in Specie) had by further Depreciation become inadequate, and therefore recommended the Resolve1 of the 12th. of June 1781, by which it is declared "That the Balances at that time due to the Officers and Marines in the Sea Service, and the Sums that should thereafter become due should be paid in Specie, or other Current Money equivalent, according to the current rate of exchange at the time of Payment, any Resolve of Congress to the contrary notwithstanding."
[Note 1: 1 Journals, vol. XX, p. 633.]
In 1783, Mr. Pennell, at that time Commissioner of Accounts for the Marine Department, informed the Superintendant of Finance, that the Resolve of the 12th. of June 1781, having in his opinion no retrospect, he did not conceive himself authorised to allow for Depretiation of Pay, &c. in the Marine Department before the 11th. July 1780; and from that time to the 12th. June 1781, more than at the rate Forty Dollars of Paper for one in Specie, and desired his directions on the premises.
The Application was submitted by the Superintendant of Finance to Congress; in consequence of which it was Resolved by that Honorable Body, on the 23d. of March 1784, That the Commissioner for Settling the Marine Accounts should in Settling the Pay of the Officers and Men of the Navy and the Depretiation thereon govern himself by the Resolves of the 11th. of July 1780 and 12th. June 1781.
Mr. Pennell being not yet satisfied that this Resolve justified in Allowing Depretiation previous to the 11th. of July 1780, applied again to the Superintendant of Finance; who gave it as his clear opinion, "That the Officers and Men were to be credited in a Specie Account with the Sums named for Pay and Subsistence by the Acts of the 15th. November 1776 and 25th. July 1777,2 and Debited with the Specie paid to them and the actual value of the Paper received by them reduced to Specie; excepting such payments as had taken place
[Note 2: 2 Journals, vol. VIII, pp. 581--582.]
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between the 11th. July 1780, and 12th. June 1781." In consequence of this Opinion, Mr. Pennell proceeded to Settle the Marine Accounts, and the same mode of Adjustment was for some time pursued by his Successor in Office, 'till by a recurrence to the Resolves of Congress (as above recited) he conceived himself not authorised to make any allowance for Depretiation previous to the 11th. of July 1780.
On what principles the Superintendant of Finance governed himself in giving to Mr. Pennell the instructions last mentioned, the Board cannot determine. If the Acts of Congress of the 11th. of July 1780, and 12th. June 1781, authorised the Commissioner of Marine Accounts to Settle the Pay &c of the Navy, on principles of Depretiation, previous to the 11th. of July 1780, then there was no occasion of a further application to Congress for this purpose. If they did not, the Resolve of the 23d. of March 1784, cannot be considered (except by a doubtful implication) as extending the Authority of the Commissioner to this object.
It may be necessary however to observe, that if the construction put by the late Superintendent of Finance on the Resolve1 of the 23rd. March 1784, is not adopted, great Injustice will be done in the Settlement of the Marine Accounts to many deserving Characters, who conceive themselves entitled to the same mode of Adjustment, which had been adopted by the late Commissioner of Marine Accounts, in consequence of Mr. Morris' Instructions; and in many instances (previous to an investigation of this subject) by the present Commissioner; since by a contrary line of Adjustment, many who on equitable principles would be Creditors of the Union, would appear to be Debtors.
[Note 1: 1 Journals, vol. XXVI, p. 161.]
It is to be presumed, that this consideration governed the late Superintendant of Finance in the construction given to the Resolve of the 23d. March 1784; the directions given to the Commissioner to Settle the Marine Accounts, agreeably to the former Acts with the Depretiation thereon, being (from the Words last mentioned) rather ambiguous, the Superintendant considering the Act as founded on an application for relief, has probably conceived himself justified in putting such an Interpretation on it, as would be most beneficial to the Parties. It is to be observed however, that this mode of Settlement, would place the common Seamen on a footing, preferable to many who Served as Soldiers in the Armies of the United States,
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since the allowance of Depretiation is by the Resolve of the 10th. of April 1780, confined to such Soldiers as had entered previous to that date, for three Years or during the War; or who should thereafter Enter for the War.
To obviate therefore in future, any doubts as to the intention of Congress in this respect; and to do justice to Persons having similar Claims with those of Captain Nicholson, as far as the same appears to this Board practicable, We beg leave to submit to the consideration of Congress, the following Resolve.
That the Commissioner of Marine Accounts, in settling the Accounts of the Officers of the late Navy of the United States, govern himself by the Principles Established for the Line of the Army, by the Act of Congress of the 10th. of April 1780, so far as the same relates to the Allowance for Depretiation; provided that no Officer be entitled to the Benefit of this Resolve, who was not in Service, or liable to be called into Service on the 10th. April 1780; And that the same shall not extend to the Revision of any Pay Rolls, which have been already Adjusted, and discharged; or of any Account where the Usual Certificate has been issued for the Balance.1
[Note 1: 1 This paragraph of the original has emendations to make it read as it was passed on August 1, 1787.]
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
April 24th. 1787.
[Letter of Secretary at War on military stores2]
[Note 2: 2 Papers of the Continental Congress, No. 150, II, p. 315, read April 24, 1787.]
War Office, 23, April 1878.
Sir: I beg leave to inform Congress, that there are at West Point on Hudson's river, and at New London in Virginia, upwards of sixteen thousand damaged muskets which are continually decreasing in their value.
I have been anxiously desirous to have all the arms perfectly repaired, and preserved in a condition for immediate use; but the public finances have not admitted of the measure.
But there are certain damaged, and other useless military stores, which might be sold, and the proceeds applied to the important purposes of repairing the arms. With this view, on the 1st. of August
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1786, I submitted a statement, and report,1 of unserviceable articles in possession of the public, and I now respectfully solicit the attention of Congress to said report.
[Note 1: 1 Papers of the Continental Congress, No. 150, I, pp. 455--457, with list of stores on pp. 451--452, read August 1, 1786. See Journals, vol. XXXI, pp. 457--458. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 146, this report was referred to a committee consisting of Mr. Henry Lee, Mr. James Mitchel Varnum and Mr. Charles Pettit, which reported on May 2, 1787.]
If the means proposed for the repairs of arms, should be judged proper, the season of the year has arrived, in which armorers might be employed advantageously.
I have the honor to be, etc.,
H Knox
His Excellency
The President of Congress.
[Letter of Secretary for Foreign Affairs remitting samples of coins2]
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 237, read April 24, 1787.]
New York 24th. April 1787
Sir: When I wrote to your Excellency on the 18th. Instant transmitting Mr. Jeffersons letters and their Enclosures, I omitted to send the samples of Coins mentioned in his Letter of the 1st. day of February last. Your Excellency will find them herewith enclosed.
With great Respect and Esteem I have the honor to be, etc.,
John Jay.3
[Note 3: 3 April 24, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 146, was referred to the Board of Treasury to report, a memorial of Henry Howell Williams, April 7, 1787, read April 24, for reimbursement for losses suffered at Noddles Island, Boston, in 1775. Papers of the Continental Congress, No. 41, X, pp. 693--694. Report rendered August 4, 1788.]
His Excellency
The Prest. of Congress.
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