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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, JUNE 23, 1788.
Congress assembled, present New hampshire, Massachusetts Rhode island New York New Jersey, Virginia South Carolina and Georgia and from Connecticut Mr [Pierpont] Edwards, from Pensylvania Mr [James R.] Reid from Maryland Mr [Benjamin] Contee and from North Carolina Mr [Hugh] Williamson.
[Report of Board of Treasury on extension of time for exhibitingaccount3]
[Note 3: 3 Papers of the Continental Congress, No. 138, I, pp. 309--330, read June 23, 1788. The accompanying papers A and B and nos. 1--6 are on pp. 337--379, The covering letter of the Board is on pp. 333--335. See June 6 and 24, 1788. See also May 7, 1788.]
The Commissioners of the Board of Treasury to whom it was referred to Report on a Letter of Andrew Dunscomb Esqr . Commissioner of the State of Virginia for settling their Accounts with the United States, addressed to his Excellency the Governor of the said State, and dated on the 23d . of May last,
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Beg leave to Report to Congress
That the object of the said Letter, is to shew that the term limited by the Ordinance1 of the 7th . of May 1787, for exhibiting the Accounts of the several States against the United States, is not, in the case of Virginia, sufficiently extensive, to insure Justice to the State, or a compliance with the views of Congress.
[Note 1: 1 Journals, vol. XXXII, pp. 262--266.]
In support of this Opinion it is alledged by the Commissioner, First, "That in ascertaining the Claims arising from Bounties paid, and Advances made for the Recruiting service, the Commissioner of the District requires the following proofs, vizt .
"The receipt of the Soldier for his Bounty, and
"That of an Officer for the Recruit, or a Muster-roll proving his Enlistment.
"That, these evidences cannot in any one instance be applied to the support of those Claims, that is, the whole of the above proof; and therefore, that in his opinion, the State of Virginia will be exposed to a possible loss, unless she has power to call the Recruiting Officer to Account, and the Officer receiving such Recruits, for his proof of delivery."
On which the Board beg leave to observe,
That it does not appear, by any documents whatsoever in this Office, that any such proofs as Mr . Dunscomb states, have been required by the Commissioner of the District; whose sole duty, in this respect, is to receive and forward to the Commissioner of Army Accounts the Accounts and Vouchers falling under the above description; and not to judge of the evidence adduced in support of such expenditures.
That, on the contrary, the only matter in difference betwixt the Commissioner on the part of the United States, and the State Commissioner appears to be, the form of the descriptive acknowledgment, to be given to the State for the papers above mentioned, previous to their being forwarded to the Office of the Commissioner of Army Accounts, this will appear by the Letters of the Commissioner of the United States marked A and B together with their inclosures No . 1, a. 6, accompanying this Report.
With respect to the power of the State, to call for the proofs stated by the District Commissioner, the Board presume no doubt can be entertained; neither can the term limited by the Ordinance for
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exhibiting the above accounts preclude the possibility of attaining the requisite evidence Because,
In the first place, Although a term is fixed for exhibiting the above accounts, no period is determined on by the Ordinance, for the duration of the Office of the Commissioner of Army Accounts, whose duty it is to examine the same. The presumption is that this Office is intended to exist during the time fixed for the Commission of the General Board; which agreeably to the Ordinance is extended to Eighteen months, from the period at which they enter on the duties of their Office. In the examination of the Accounts, which are submitted to the cognisance of the Commissioner of Army Accounts, he will of course point out the requisite evidence to the several States; who will have sufficient time to adopt the necessary measures for procuring the same, in all instances where it can be procured. And Because, In those instances where it cannot be procured, The Accounts, (although not past by the Commissioner of Army Accounts) are still liable to be exhibited, under the head of equitable claims, to the General Board of Commissioners who are authorised to admit in support thereof such circumstantial proof as they shall judge proper, and to settle the same on equitable principles.
The second reason offered by the State Commissioner is, "That in ascertaining the pay and depreciation of pay, of the States quota of Continental Troops, the Muster-rolls (it is said) are necessary, to ascertain the time of Service, and an account properly stated, and attested; with a Certificate of a Field Officer to that of each nonCommissioned Officer and Private; together with a receipt for the sum paid.
"That almost in every instance the essential parts of this evidence is wanting; that no Register of the Certificates issued by the State for the above purpose can be procured; and that of course the whole of those Claims will be affected, to the great injury of the State, unless she has an opportunity of procuring testimony that will prove her right to credit for the above advances; and which cannot possibly be obtained in the limited time."
The third reason is, "That in advances to the Militia the proofs demanded are; the Authority of Congress for calling them out; the evidence of an Officer of the United States that they were in actual Service, with attested Rolls, and Receipts for payment."
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"That few of the Militia Accounts of the State of Virginia have the Sanction of the first of these proofs; that many of them want the second and third, and all of them the last; and further that there is no Register on Entry of the amount issued."
"That these deficiencies will naturally produce a considerable loss to the State, unless they have time to prove indubitably the second and third points, which will aid the others."
To these reasons, it will be observed by Congress, that the remarks made by this Board on the first article, will equally apply; to which it may be added; that if the deficiency of Vouchers is such, as the State Commissioner, in certain instances, sets forth, no extension of time will, in all probability, enable the State, to supply such evidence, as will authorise the same, being admitted by any other authority than that of the General Board. It is however to be presumed, that the State will be able to furnish a Register of the Certificates, issued by the State, for Pay, and Depreciation of Pay, to their quota of the Continental Army, and for the pay of the Militia, for although, in the Original issue of such Certificates, no Registers may have been established, and preserved, an Abstract of the same may, in all probability, be formed, by examining the payments of Interest made on the same, for some years past, at the Treasury of the State.
The fourth reason assigned by the State Commissioner is, "that in the delivery of Supplies on the Specific Requisitions, the Officers appointed to execute that business did not conform to the regulations, prescribed by the Resolves1 of the 25th . of February 1780, for that, instead of giving an evidence of supply in an intelligible manner, divination is often necessary to comprehend their intentions; and therefore, that unless, time is allowed to prove, the right of persons, receiving such Specific Supplies of Provisions from the United States, the one half of the Accounts, under this head, must be lost."
[Note 1: 1 Journals, vol. XVI, pp. 196--201.]
On this Objection, the Board beg leave to observe, That although the time is limited for exhibiting the said Accounts at the Office of the Treasury, yet, in such instances, where the Vouchers, offered in support thereof, are not sufficient, the State will have an opportunity of corroborating their claims by such additional evidence, as the Accountant of the Treasury shall, on an examination, judge necessary; and that, in all events (as in the case of every other claim) the supplies not admitted at the Treasury, for want of regular Vouchers, may be
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exhibited to the General Board of Commissioners, and at their discretion, allowed under the head of equitable claims.
The last reason offered by the Commissioner is so exprest, that the Board are not certain that they can form any definite idea of his meaning. It appears to be this, "That in claims arising in the Staff or Marine Departments, from the want of Vouchers of receipt by, or delivery to an Officer of the United States, and proofs of the cost and payment of articles delivered, it will be impossible to support this class of accounts in the expected manner; that this failure in proof, is imputable to loss of Papers; and therefore, that more time is necessary for explaining defective Entries, and Vouchers, and obtaining receipts for payment, or such other evidence as the State Commissioner has, or may apply for, to prove the advance or service necessary.
For the examination of this class of Accounts, the Board observe that a further term of time may be, perhaps, necessary; because they fall properly under the cognisance of the District Commissioner, whose decision on such as he may pass (so far as it respects the validity of Evidence) is conclusive.
It appears however, from the description of the State of said Accounts, and from a consideration of the number of years, which has elapsed, since a Commissioner on the part of the United States was appointed to examine the same, that there is little or no probability, that the greatest part of them can ever be past by the District Commissioner; for want of the necessary Vouchers. In which case, they must of course, be brought under the head of equitable claims, to support which (as has been before observed) sufficient time is certainly allowed to the States. The Board beg leave, therefore to suggest, whether an early appointment of the General Commissioners will not be adviseable: Accounts from some of the States have already been transmitted to this Office, and that of the Commissioner of Army Accounts, and more may be daily expected.
The Board have judged it necessary to be thus particular on the Remarks of the State Commissioner, because he does not appear to have rightly understood the Ordinance for settling the Accounts of the United States with the several States. Perhaps it may be judged proper to extend generally, for a few Months, the duration in Office of the district Commissioners; since in other States, whose accounts are in all probability in a more regular fore than those of Virginia,
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the Commissioners will not, within the term limited be able to decide on all such Claims, as come under their immediate cognisance. This extension ought not however, in the opinion of the Board, to exceed a space of three months.
A speedy adjustment of all accounts betwixt the several States, and the Union, on equal and liberal principles is of the highest moment to the peace and welfare of the Confederacy; it is therefore to be regretted, that any difference of sentiment should have taken place, betwixt the Commissioners, as to the form of the descriptive acknowledgment, to be given, on the part of the United States, for the accounts, which are to be transmitted to the Treasury Office, and that of the Commissioner of Army Accounts.
The Board presume that it could never have been in the contemplation of Congress, that any more than a general descriptive acknowledgement of the receipt of such accounts should have been given; because, a minute description (such as is expected by the State Commissioner) would necessarily employ the whole time of the District Commissioner, and an unlimited number of Clerks to complete the same; Besides the same business must again be gone through by the Officer who is authorised by the Ordinance to examine, and adjust the said Accounts.
That this is the true meaning of the Ordinance may be inferred, not only from the reasons above stated; but from the construction put on it by those States, whose Accounts have been forwarded to the Treasury, and Office of Commr . of Army Accounts, without insisting on any other, than a general descriptive acknowledgement. It is therefore to be expected, that the State of Virginia will, on a mature consideration, agree to the same, more especially, as they will observe, in the Remarks made in this Report, that the State will still have it in their power to supply evidence to such claims, as may now be exhibited.
The reason which appears to be assigned for the minute description required by their Commissioner is an apprehension of the Loss of the whole, or part of the Accounts and Vouchers delivered, to be forwarded; but, if a receipt is given by the district Commissioners on Abstracts specifying under a general Caption, the several disbursements made by the State, on account of the United States, together with the date, and amount of payment; and the description or name of the Corps, or party receiving the same; such an acknowledgment
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must be surely considered as sufficiently descriptive; because the same description cannot apply to any other papers; and therefore, if any loss should happen to them (after they are thus receipted for by the Commissioner of the United States) they must, it is presumed be considered as proper Vouchers; unless the Union should be able to shew the contrary. This opinion is warranted by the conduct of Congress in their Resolve1 of the 3d . June 1784, relative to certain accounts of the State of Massachusets; some of the Vouchers to which had been lost, after they were lodged with an Officer of the United States.
[Note 1: 1 Journals, vol. XXVII, pp. 545--546.]
On the whole, the Board beg leave to suggest to the consideration of Congress; whether, as the Ordinance of the 7th . of May last (so far as it respects the right of the States to furnish additional evidence, in support of their claims, after the same are transmitted to the Office of the Treasury; and that of the Commr . of Army Accounts) does not appear to be well understood, it would not be adviseable to pass some Resolve expressive of the sense of Congress in this respect; and further, to make it expressly the duty of the Commissioner of Army Accounts, the Accountant of the Treasury, and general Board of Commissioners to point out, from time to time, to the several States, such additional Vouchers or other Testimony, as, in their opinion, may be requisite to support their just claims against the Union.
If these measures are adopted, and the Authority and Duties of the District Commr . extended to Nine instead of Six months (for the reasons stated in this Report) the United States in Congress will, in the opinion of this Board, give an additional proof of their sincere and anxious desire to make a final adjustment of all Accounts betwixt the several States and the Union, on equal, and liberal principles.
For this purpose the Board submit to the Consideration of Congress the following Resolves, vizt .
Resolved, That the Authority and Duties of the District Commissioners appointed in pursuance of the Ordinance of Congress of the Postponed 7th . of May 1787 be continued for the space of Nine Months, after they have severally. entered on the Duties of their Commission; anything in the aforesaid Ordinance to the contrary notwithstanding.
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Resolved, That the several States be authorised to transmit to the Accountant of the Treasury, the Commissioner of Army Accounts and the general Board of Commissioners (to be appointed in pursuance of the Ordinance of the 7th . May 1787) such additional Vouchers or other Testimony, as they may think necessary to support any Claims by them exhibited to the respective Officers aforesaid; provided the same be transmitted within three [six] months previous to the termination of the Office of the general Board of Commissioners, as fixed by the Ordinance abovementioned, and further, that it be the duty of the repective Officers to point out to the several States at any period within twelve months from the date of this Act, such additional Vouchers or other Testimony, as, in the progress of examination shall appear necessary to support any just or equitable claims, which the State may have respectively exhibited against the Union.
Resolved, As the sense of this Congress that the peace and welfare of the Confederacy are deeply interested in a speedy and final adjustment of all Accounts betwixt the several States and the United States; and therefore that it would not be advisable to make any further continuation of the Office of the District Commissioners, than what is prescribed by the foregoing Resolves.
All which is humbly submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
June 23d . 1788.
[Report of Commissioner for Settling Accounts on memorial of A. Steele1]
[Note 1: 1 Papers of the Continental Congress, No. 31, pp. 347--350, read June 23, 1788. See June 17, 1788.]
The Commissioner for settling the accounts of the Quarter Masters and Commissarys Departments to whom was refered the Memorial of Archibald Steel late Depy Quarter Master General; begs leave to Report
That pursuant to an order of Congress of the 28th of February last he settled Mr Steels accounts of disbursments as Deputy Q Master General under Genl . Mifflin, from April 1777 to March 1778, and issued Certificates for the balance due to him, including his pay, the hire of several Teams which he kept in public service and sundry other claims to the amount of 4,736 Dollars.
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That your Commissioner, in a Letter which he had the honor of addressing to the Board of Treasury at that time gave the reasons why he did not think proper to issue a Certificate for the balance that appeared to be due to Mr Steel on his Account of disbursments as a Deputy under General Greene, from March 1778 to the end of the year 1780, agreeably to the statement then made; the principal of which were, That Mr Steel had kept no accounts of any kind, and when he applied for a settlement in the summer of 1787, could form no Idea whether the balance would be in his favor or against him. That accounts were afterwards made from the loose receipts taken by himself and Assistants; but no statements of the accounts between him and them appeared.
That a great number of Certificates had been issued by him and his Assistant in payment for Forrage &c, and the receipts which they took did not in all instances distinguish the payments in Certificates from the payments in Cash. That the Register of those Certificates given in by him was inaccurate, and did not contain the whole of them, as appeared by the Returns of Certificates taken up by the Commissions in Pennsylvania. That the greatest part of his Certificates were taken up in the State of Virginia from whence no returns had been obtained, and it is very probable many may appear that are not on his Register which will reduce his balance.
That he produced no satisfactory account of the sale of public stores; those which he Credits being taken from loose papers found among the accounts of his Assistants, and are all he recollects to have been sold.
From the large balance which appeared in Mr . Steels favor your Commissioner was then apprehensive that he had received some money which was not charged to him in the Books of this Office; and a charge for 30,000 Dollars advanced to him by Genl . Mc .Intosh has since appeared against him; This justifies the suspicion, as it was not Credited by him.
From this state of facts it is obvious that the delays and difficulties in obtaining a settlement, which he complains of, axe to be wholly attributed to his own neglect; and that a settlement made from such documents as he produces, will, (after the most thorough investigation has taken place) remain unsatisfactory and uncertain. Your Commissioner is therefore of opinion that no settlement can with safety be made untill returns of the Certificates taken up by the State
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of Virginia, the State of Pennsylvania and the late Commissioner in Virginia, are obtained.
All which is humbly submitted.
Jonth . Burrall Comr.1
[Note 1: 1 June 23, 1788. According to indorsement was read:
Memorial of Samuel H. Parsons and James M. Varnum, April 8, 1788, with reference to the time when their salary was to begin. Papers of the Continental Congress, No. 41, VIII, p. 242. See June 24 and July 9, 1788.]
Office of Accounts for QMr . and
Comy Dept . June 20th . 1788.
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