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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, MAY 7, 1787.
Congress Assembled, present Massachusetts New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina and Georgia, and from Rhode Island Mr [Peleg] Arnold.
Congress proceeded to the election of two Commissioners for settling the Accounts of the five great Departments, and the ballots being taken,
Mr Jonathan Burral was unanimously elected a Commissioner for settling the Accounts of the Quarter-Master's and Commissary's departments, having been previously nominated by Mr [Charles] Pettit.
Mr Benjamin Walker was unanimously elected Commissioner for settling the accounts of the Hospital, Marine, and Clothier's departments having been previously nominated by Mr [Rufus] King.
2Congress resumed the consideration of the Ordinance for settling the Accounts between the United States and
[Note 2: 2 From this point to "Be it ordained" there is a skeleton memorandum of the proceedings of this day, in the writing of Roger Alden, in Papers of the Continental Congress, No. 59, III, pp. 249--250, with the yeas and nays of the three recorded votes on p. 253, columns III--V.]
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Individual States,1 and the following clause being under debate, viz.
[Note 1: 1 See April 18, 1787, for first reading and May 4, for second reading.]
"And be it further ordained that wherever it shall appear to the said board of Commissioners that advances or disbursements of the description aforesaid have been made by any of the States, 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."
A motion2 was made by Mr [Egbert] Benson seconded by Mr [Melancton] Smith to amend the clause, so that it read as follows,
[Note 2: 2 A draft of the changes proposed in order to effect the new reading, in the writing of Mr. Egbert Benson, is in Papers of the Continental Congress, No. 59, III, p. 453.]
And be it further ordained, that wherever it shall appear to the said board of Commissioners, that advances or disbursements have been made by any of the States for Articles or Services for the use of the United States, 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 such advances or disbursements may not be sanctioned by the resolves of Congress, or supported by regular vouchers.
On the question to agree to this Amendment, the Yeas and Nays being required by Mr Grayson.
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So it was resolved in the Affirmative.
The following clause being under debate (viz) "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."
A motion was made by Mr [Egbert] Benson to strike out "benefit", and in lieu thereof to insert, "use"
On the question to agree to this amendment the Yeas and Nays being required by Mr [William] Grayson,
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So it was resolved in the Affirmative.
The Ordinance being amended and read a third time; on the question, shall this Ordinance pass the Yeas and Nays being required by Mr [Abraham] Clarke,
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So it passed unanimously as follows
An Ordinance for settling the Accounts between the United States and Individual States.1
[Note 1: 1 A broadside of the draft as presented by the Board of Treasury, on April 18, 1787, with Mss. changes to bring it into conformity with the Ordinance as finally passed is in Papers of the Continental Congress, No. 59, III, p. 451. The Ordinance is entered by Benjamin Bankson, with completed final paragraph and signature of Ar. St Clair, President, in Register of Ordinances, Papers of the Continental Congress, No. 175, pp. 115--120. The Library of Congress has a broadside of the Ordinance as passed, without the date paragraph, signed by Chas. Thomson, Secy.
The phrases and words underlined by the editor indicate additions or changes made to the original draft during debate without any recorded motions. Other modifications are indicated in the footnotes. See March 29 and May 4, 1787.]
Be it Ordained by the United States in Congress Assembled, That five Commissioners be appointed by the Board of Treasury, whose duty it shall be to go to the several States in the districts hereafter mentioned, for which they may be respectively appointed, for the purpose of stating the Accounts of the States within those districts, against the United States. That the States of New Hampshire, Massachusetts, Connecticut and Rhode Island form one district. That the States of New York and New Jersey form one district. That the States of Pensylvania Delaware and Maryland form one district. That the States of Virginia and North Carolina form one district. And that the States of South Carolina and Georgia form one district.
That is shall be the duty of the said commissioners respectively to receive of the States for which they are appointed, all their Accounts and vouchers for payments made on account of bounties, pay, and depreciation of pay to the late Army of the United States; and for advances to the Militia called out under the authority of the United 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
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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, and supplies furnished on the requisitions of Congress made previously to October 1781, and to forward the same to the Office of the Comptroller of the Treasury.
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 Master, cloathing, 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 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.
1And 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.
[Note 1: 1 Benjamin Bankson takes up the entry at this point.]
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 advances or disbursements as may have been made by the respective States for the use of the Union, all
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though the same be not sanctioned by the resolves of Congress or supported by regular vouchers.
Be it thereupon 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 allowance; 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 whatever 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 a Board consisting of three Commissioners 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 shall have been passed by the Commissioners of the several districts, in order that the same may be finally adjusted on uniform and equitable principles,
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1having reference to the settlement of Accounts heretofore made by the Commissioners of the different States; provided that such revision of the Accounts above mentioned, shall not in any wise affect the validity of the vouchers admitted by the Commissioners of the respective States.
[Note 1: 1 The amendment "having reference to the settlement of accounts heretofore made by the Commissioners of the different States" was made on motion No. 1, which, in the writing of Mr. Melancton Smith, is in Papers of the Continental Congress, No. 59, III, p; 453.]
And be it further Ordained, That wherever it shall appear to the said Board of Commissioners that advances or disbursements, payments or supplies of the description aforesaid have been made by any of the States,2 subsequent to the 18th. of April 1775 for Articles or services for the use of the United States, 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,3 although such advances or disbursements may not be sanctioned by the resolves of Congress or supported by regular vouchers,4 so as to enable the said Commissioners to make a final adjustment of all the accounts subsisting between the United States and the several members thereof agreeably to such quota as Congress shall hereafter determine.
[Note 2: 2 The amendment "subsequent to the 18th. of April 1775" was made on motion No. 6, which, in the writing of Mr. Arthur St. Clair, is in Papers of the Continental Congress, No. 59, III, p. 454.]
[Note 3: 3 The amendment "although such advances ::: supported by regular vouchers" was made on motion No. 4, which, in the writing of Mr. Egbert Benson, is in Papers of the Continental Congress, No. 59, III, p. 454. See Journal above.]
[Note 4: 4 The amendment "so as to enable...as Congress shall hereafter determine" was made on motion No. 5, which, in the writing of Mr. Arthur St. Clair is in Papers of the Continental Congress, No. 59, III, p. 454.]
And be it further Ordained, That the determination of a majority of the aforesaid Board of Commissioners on the
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Claims submitted to them shall be final and conclusive,1 and that their Commission shall continue in force for one year and an half from the time of their entering on the duties of their Office, unless sooner revoked by Congress.
[Note 1: 1 The amendment "and that their commission......revoked by Congress" was made on motion No. 2, which, in the writing of Mr. Arthur St. Clair, is in Papers of the Continental Congress, No. 59, III, p. 453.]
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 the rate not exceeding four hundred and fifty dollars per annum each.2
[Note 2: 2 This paragraph is entered on the margin of the Journal and is crossed off on the copy in Papers of the Continental Congress, No. 59, III, p. 451.]
And be it further Ordained, That every person employed or to be employed in pursuance of this Ordinance, shall previous to entering on the duties of his Office, take and subscribe3 an Oath faithfully and impartially to perform the duties of the Office to which he is appointed, certificates of which shall be deposited with the Secretary of Congress.
[Note 3: 3 The amendment "an oath faithfully......he is appointed" was made on motion No. 3, which is in Papers of the Continental Congress, No. 59, III, p. 453.]
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.
Done &c.
[Report of Committee on Post St. Vincents and Illinois4]
[Note 4: 4 Papers of the Continental Congress, No. 30, pp. 493--496, in the writing of Mr. Nathan Dane. Read May 7, 1787. Assigned for Tuesday, May 8. See March 29 and April 10, 1787. No further action in 1787.]
The Committee consisting of Mr [James] Madison, Mr [Abraham] Clark, and Mr [Nathan] Dane to whom was referred sundry papers relative to the settlements of post St Vincents and the Illonois, report,
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That in the settlements of post St Vincents the Kaskaskias and Illonois there are a large number of Inhabitants, principally descendants of the Antient French settlers who have for seventy or eighty years past been governed by French laws usages and Customs. Your Committee find the Inhabitants of those places disposed to submit to Government and good order, and solicitous to receive their laws and protection from the United States, that for want of criminal laws and magistrates among them to administer their existing laws and customs they are subjected to very great inconveniences, and many mere land Jobbers are induced to intrude on their lands and disturbe their possessions, wherefore the Committee are clearly of opinion that Congress ought without delay to provide for the administration of Government and for forming some additional laws in those settlements, and therefore they submit the following resolves
Resolved that a Commissioner be appointed by Congress, whose commission shall continue in force three years unless sooner revoked, for the Settlements of post St Vincents Kaskaskias and Illonois whose duty it shall be to divide the said settlements into proper districts containing not more than eight nor less than four hundred inhabitants each, and as soon as may be to summon the Inhabitants of each to meet and elect as near as may be for each two hundred Inhabitants one magistrate.
Resolved that the magistrates of each district or the major part of them shall have full power and authority to hear and determine all Controversies not relating to property in lands, according to the laws, usages, and customs that prevail in such district.
Resolved that the said commissioner and the major part of the said magistrates of the district, (the whole being summoned to attend the Court) shall have full power and authority to examine into the titles and possessions of the Inhabitants thereof or persons claiming lands therein, to give judgment concerning them and to award execution according to the laws and customs prevailing in such district, and also to exercise criminal Jurisdiction and to take cognizance of all crimes and offences committed within the district and on complaint or information to consider the same and the evidence and award such sentence and punishments as are by the laws of Virginia annexed to like crimes and offences and it shall immediately be made known in said districts what punishments are annexed by the criminal laws of Virginia to the several species of crimes and offences.
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Resolved that the said Commissioner and two thirds of the said magistrates of all the districts duly Assembled shall have full power by the consent of the commissioner and a major part of the magistrates present to make laws and to alter the laws of the said districts for the better government thereof reporting the same to Congress which shall be in full force unless disapproved of by Congress and the said Commissioner in all Courts or Assemblies, in which he shall be a member shall preside.
Resolved that the said Commissioner with the advice and Consent of the major part of the said Magistrates of the district shall appoint executive officers therein respectively to carry their decrees into execution, and also a register in each district and the said magistrates executive officers and registers shall continue in Office four years unless sooner removed therefrom by Congress or those who appointed them respectively.
Resolved that the register of the District shall keep in some convenient place in it a registry in which there shall be recorded by him all deeds and Instruments conveying lands or any estate therein and also all executions extended on lands. it shall also be the duty of the register of the district to act as Clerk to and carefully record and preserve the proceedings of the Judicial Courts held therein.
Resolved that no property in lands after the first day of September next shall be transferred but by bargain and agreement fairly and openly made by the parties before some magistrate of the District in which the lands may be by deed in writing duly executed and acknowledged in his presence attested by him and two other witnesses and registered within twelve months after the execution thereof, or by executions duly extended and registered within six months from the time of extending the same.
Resolved that the Commissioner be and he is hereby empowered to organize, regulate and command the militia of the said Districts and to establish suitable posts of defence against the savages. it shall be his duty to preserve peace with the Indian nations and to permit no settlements on their lands or Intrusions on lands of the United States in that part of the Country. it shall be his duty and the duty of the magistrates to prevent by all proper means unfair and fraudulent purchases of the lands of the said Inhabitants. it shall be his duty also to explain to them the laws of the United States and to inform Congress from time to time of the situation and Interesting concerns of those districts. it shall be his duty constantly to reside among
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the said Inhabitants and to promote Justice harmony and industry among them.
Resolved that the said Commissioner and all officers appointed in said districts previous to their entering on the duties of their respective offices shall take an oath of fidelity to the United States for the faithful discharge thereof and an oath of fidelity to the United States the said Commissioner beforeand the other officers before the said Commissioner certificates of all which oaths shall be lodged in the office of the Secretary of Congress.
Resolved that the Salary of the said Commissioner be at the rate ofDollars per annum and the register shall have reasonable fees established as also the other magistrates and officers for their services by the said Commissioner and magistrates authorised to make laws.
Resolved that the secretary at war furnish the said Commissioner withmen of the troops of the United States for the protection of said Inhabitants and preservation of order among them and for the prevention of intrutions on public lands.
[Report of committee on memorial of I. Putnam1]
[Note 1: 1 Papers of the Continental Congress, No. 19, V, pp. 227--230, in the writing of Mr. William Pierce. Read May 7, and passed October 1, 1787. See May 2, 1787.]
The Committee consisting of Mr [William] Pierce, Mr [William] Grayson, and Mr [William Samuel] Johnson, to whom was referred the Report of the Commissioner for Army Accounts on the Memorial of General Putnam, report,
That they having examined the nature of the charge exhibited against General Putnam, find it to stand on the following fact, vizt. "That Genl. Putnam when commanding in the middle department in the Year 1777 gave his Note of hand payable on demand to the deputy pay master of that division for the sum of 3,000 Dollars borrowed of him in order to advance to Major Romans, Captain Fallan and Lieutt. Day for the use of their returning [paying] the bounty for the [to] British Deserters which were drawn from that division into the Georgia service by order of his Excellency Genl. Washington. That the said pay-master produced the obligation as his voucher for the payment of so much Money, which was passed in the settlement of his Accounts to his credit, and carried to the debit of General Putnam.
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That the Sum of 620 Dollars of this Money has been returned by the Georgia Officers into the military Chest for which Gent Putnam has a credit, and now stands charged with the balance amounting to two thousand three hundred and eighty Dollars. That the Genl. in order to discharge himself from this balance has produced a note of hand given to himself of the same date and for the same sum with his, to the Dr Paymaster, and signed by the Officers mentioned in that obligation, in which Note of hand are the following words, "which we have borrowed of him (Genl. Putnam) in behalf of the Delegates from the State of Georgia for the use of paying the bounty for British Deserters which we have taken out of the division under his command by order of his Excellency Genl: Washington," whereupon the following Resolve is proposed
Resolved, that the Commissioner of Army Accounts be directed to credit Genl. Putnam for the sum of 2,380 Dollars and that the said Commissioner make a statement of the circumstances to the Executive of Georgia, and send on authenticated copies of the several receipts, that the charges may be exhibited against the Officers in whose hands the Money was deposited.
[Report of Secretary of Congress on monument to General Montgomery1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 55. See April 26 and May 10, 1787.]
The Secy. of Congress pursuant to the Order of Congress reports the following inscription for the Monument of genl. Montgomery viz.
"This monument is erected by Order of Congress 25 January 1776 to transmit to posterity a grateful remembranceAgreed to May 7th of the Patriotism, conduct, enterprize and perseverance of maj. genl. Richard Montgomery who after a series of successes amidst the most discouraging difficulties fell in the Attack on Quebec 31 Decr. 1775, Agd. 39 years."
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