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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, SEPTEMBER 10, 1788.
Congress assembled present as yesterday.
[Report of Board of Treasury on motion of the delegates of Virginia3]
[Note 3: 3 Papers of the Continental Congress, No. 138, I, pp. 421--429, read September 10, 1788. The mentioned enclosures are on pp. 431--442 and 453--458. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 611. See August 20, and September 11, 1788.]
The Board of Treasury to whom was referred a Motion of the Honble. the Delegates of the State of Virginia
Beg leave to Report to Congress,
"That the Object of the said Motion is, to vest the Commissioner of the district comprehending the State of Virginia, [with authority] to admit as valid, documents of Claims against the Union, such entries in the books of the State Auditor and Treasurer as relate to advances made on account of the United States from the 1st . of September 1775 to the 4th . January 1781; in all cases, where it shall appear to the satisfaction of the Commissioner, that the vouchers have been destroyed as set forth by the General Assembly."
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On the above Motion, the Board beg leave to Observe; That on a representation made to Congress on the part of the State of the loss of their Vouchers previous to the date abovementioned it was on the 10th . of Feby . 1783, resolved1 by Congress,
[Note 1: 1 Journals, vol. XXIV, p. 123.]
"That the Superintendant of Finance be directed to instruct the Commissioner appointed to settle the Accounts of Virginia with the United States, to receive such proofs as shall be exhibited to him instead of the Vouchers, which have been lost or destroyed in consequence of the invasion of the said State; and that he shall transmit to the Superintendant a special Report on all such charges, which Report shall be submitted to Congress to be finally decided on."
That in pursuance of this Act the said Commissioner has stated, "That the amount of Expenditures said to be made by the State on account of the United States to the 1st . Septr . 1777, was £303,835, in Specie, or so deemed."
That from that period to the 31 Decr . 1780 he states the Expenditures to have been £5.668.777, 8, 3 Virginia Currency, Nominal to be reduced to Specie Value, at the decision of Congress.
That in this Statement, The Commissioner neglected to Report.
That this Statement appearing to the Board, in no wise conformable to the Intentions of Congress (as exprest in their Act above recited) #vide appendix A they directed the Commissioner, as will appear by their Letter of the 5th . of September 1786,# (Copy of which is hereunto annexed) to make a Special Report on the Principles above directed; with which direction the Commissioner did not comply previous to the expiration of his Office on the 1st . of January 1787.
The Board beg leave further to State to Congress,
That from sundry letters in this Office, from the late Commissioner of Accounts for the State of Virginia; as well as his Predecessor in o vide Appendix B. C. Office, (Copieso of which are hereunto annexed) it appears that the Entries, in the Books of the State, proposed as conclusive evidence of Charge against the Union, are so
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made as to render it impossible in numerous instances to distinguish betwixt advances, made for the State, and those for the Union; and, where, such distinction can be made, the purposes in several and important Objects of Expenditure, do not appear authorised by the Acts of Congress; to admit therefore the mere Entries on the Books of the State Treasurer, and Auditor, as valid Documents of Claim against the Union, without any attention being paid to the Object of the advance, or the Authority by which it was sanctioned, would place the State of Virginia on a better footing (as to her Accounts for the Period abovementioned) than other States whose Vouchers have not been destroyed; which we presume could not be the expectation of that State, much less of the other States of the Union.
In all Cases, where a State has Claims against the Union, although the advance on which the same may be founded, may be supported, not only by the receipt of the party, but by subordinate Vouchers, proving the disbursement of the Monies advanced, the Object, and reasonableness of the expenditure; as well as the authority under which the same is sanctioned, are (as they certainly ought to be) subjects of Investigation. The utmost therefore which the State of Virginia can expect, so as to place the accounts of that State on an equal footing with those of other States which are supported by proper Vouchers, is, we presume, to admit the Entries of the State Treasurer, and Auditor, as evidence of Advances made on account of the Union; not, as valid Documents of Claim.
Such Evidence we presume they necessarily must be considered by the General Board of Commissioners to be appointed under the Ordinance of the 7th . May 1787, whose authority alone extends to the final adjustment of all Claims against the Union; which are either not sanctioned by the authority of Congress, or if so, unsupported by the Necessary Vouchers.
All the Claims of the State of Virginia against the United States from the 1st . Septr . 1775 to the 1st . Jany . 1781, fall under the one or other of the above descriptions; and, of course, it would not be adviseable, in the opinion of the Board, to vest the district Commissioner, with those high Authorities, which can only be exercised with Judgement and Impartiality in the mode prescribed by the Ordinance.
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The above opinion of the Board is founded on what appears to them the obvious construction of the Motion referred to them. If the intention of it however, is merely to authorise the district Commissioner to admit as Claims of the State of Virginia, the Entries in the Books of the State Auditor and Treasurer, the Board apprehend he is already fully authorised so to do, by the Acts1 of Congress of 10th . February 1783 and 7th . May 1787.
[Note 1: 1 Journals, vol. XXIV, p. 123 and vol. XXXII, pp. 262--266, respectively.]
It may be further necessary to observe, that, should the evidence of the Claims founded on such Entries not be exhibited to the District Commissioner previous to the expiration of his Office, that, by the Act of the 24th . of June last, a further time of twelve Months is allowed to the State for bringing forward the same, in such mode, as they shall judge best adapted for explaining and supporting their pretensions.
All of which is humbly submitted.
Samuel Osgood
Arthur Lee2
[Note 2: 2 September 10, 1788. According to indorsement was read:
Memorial of Paul R. Randall for the payment of his salary as secretary to the agency at Algiers. Papers of the Continental Congress, No. 41, VIII, p. 357. See September 11, 1788.]
September 10th . 1788.
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