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Sign up freeThe New Hampshire Gazette And General Advertiser
Portsmouth, Rockingham County, New Hampshire
What is this article about?
Proceedings of the U.S. House of Representatives, Second Congress, First Session, from November 7-10, covering budget appropriations, census bill passage, committee appointments, debates on military petitions for half-pay and pensions, reports on public debt and lands, and bills on bankruptcy, certificates, and claims.
Merged-components note: These components contain sequential congressional proceedings that continue across pages, forming a single coherent unit on U.S. legislative activities.
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FIRST SESSION.
HOUSE OF REPRESENTATIVES,
MONDAY, NOV. 7.
THE BUDGET.
A committee appointed to report a Bill making the necessary appropriations.
The Senate informed the House, that
they had passed the South-Carolina
Census Bill.
Messrs. S. BOURNE, of Massachusetts
and Mr. SMITH, of Vermont, were
appointed, on the part of the House, of
the Committee on Enrolled Bills.
[Hon. Mr. RUTHERFORD is chosen on
the part of the Senate.]
The Report of the Secretary at War,
on the petition of John Torry, was
called up by Mr. AMES; and after a
short debate was made the order of the
day for to-morrow.
A report was received from the Vice-
President, on the purchases of the pub-
lic stock.
The House proceeded to consider the
report of the Secretary at War, on the
petition of Joseph Tucker, Thomas Hollis
Condy, Robert Williams and Samuel Arm-
strong (Agents appointed by the State
of Massachusetts to the several Regi-
ments to which they belonged) made to
the first Congress; whereupon, after a
short debate, the following resolution
passed- "That so much of the said re-
port as is contained in the words fol-
lowing be agreed to: "That the case
is so circumstanced that the petitioners
cannot obtain any further allowance,
unless the Legislature of Massachusetts
should think proper to grant the same."
TUESDAY, NOV. 8.
Mr. GORHAM presented the South-
Carolina Census Bill, enrolled; which
was signed by the Speaker; and sent to
The President -who soon after informed
that he had approved and signed the
same.
ORDER OF THE DAY.
On the petition of John Torry, and
the report of the Secretary at War,
thereon, the House went into Commit-
tee. Mr. MUHLENBERG in the chair.
[Joseph Torry, an officer in the service
of the United States, died in September
1783, without leaving widow or chil-
dren; and John Torry, as his admini-
strator, lays claim to the compensation
of half-pay. The Secretary of the War
department reports, as his opinion, that
he is not entitled to it.]
It was moved that the report be agreed
to.
Mr. Ames observed, that Joseph
Torry, having entered into the service
of the United States, the United States
had stipulated with him, that if he
served until the end of the war. he
should receive a recompence; and the
only question now to be decided was,
when the war ended? He used several
arguments to prove, that the war was
at an end, when hostilities ceased, on
the signing of the provisional treaty, in
Nov. 1782; that the compensation
was of course justly due to the deceased;
that it was of high importance to the
legislative body, to act with good faith,
and not attempt to explain away the
obligations, under which the govern-
ment had laid itself at the time of ma-
king the promise to those who took up
arms in defence of their country.
Mr. Boudinot replied, that as there
were certain established rules. which
had been observed in settling with every other officer in similar circumstances
the House ought not to break through
them--unless they were contrary to the
rules of justice: If they were conso-
nant to the rules of justice, he main-
tained that the Secretary's report was
right, and ought to be adopted. The
term of the contract, between the offi-
cers and the United States, depended
(he said) on the decision of the sovereign
power, that was alone entitled to deter-
mine, when the war should cease. That
power was vested in the then existing
Congress, who, altho' they entered into
provisional articles, in Nov.1782, did not
however think proper immediately to dis-
band their armies, or put an end to
the war, as it was yet uncertain whe-
ther those provisional articles, would be
ratified by Great-Britain, or a treaty of
peace concluded between Great-Britain
and France--a circumstance which was
necessary, before those articles could be
definitively binding. It was only when
the definitive treaty was made. that Con-
gress determined the period of the war.
The army, when finally disbanded, and
paid up to that day, acknowledged, by
accepting their pay, that it was then
only the war ended; -and as far as
was in their power, assented to the prin-
ciple which he maintained, that the
provisional articles had not before put
an end to the war. Suppose (continu-
ed he) that. on the arrival of the defi-
nitive treaty, Congress had not agreed
to the terms, would the war then have
been considered as at an end? Would
not Congress have been in the same si-
tuation, as before the signing of the
provisional articles?--It was necessary
that Congress should, by a definitive
act, determine when the war ceased: -
Congress had passed such an act, and
the House at present cannot with pro-
priety enter into a resolution to alter
the period. The argument of incon-
venience, ought also, he observed, to
have some weight with the House; for
if any alterations were now to be made
in the law, it must have a retrospect
to all the widows and children of de-
ceased officers, who have received half-
pay for years past. Besides, many offi-
cers, who have not hitherto considered
themselves as entitled to half-pay,
would, in consequence of such an alter-
ation, have a right to apply for it.
Mr. Lawrence and Mr. WILLIAM-
SON spoke in favor of the Secretary's
report. Mr. Ames rose again in oppo-
sition to it. Messrs. Dayton, Hillhouse.
Wadsworth. Wayne and Clarke several-
ly spoke on the subject: after which,
The question was taken on agreeing
to the Secretary's report, and passed in
the affirmative,
The Report of the Vice-President, in
the purchases made of the public debt,
was ordered to be printed.
WEDNESDAY, NOV. 9.
Mr. Sedgwick reported a bill for.
the renewal of lost or destroyed certifi-
cates.-Read a first time.
The committee of the whole House was discharged from the consideration of the proposed Amendments to the Constitution—which were referred to a Committee of seven.
The Attorney-General was directed to report to the House such information as he might possess relative to the operation of the Judicial System.
BANKRUPT BILL.
A committee was appointed to prepare a Bill or Bills to establish an uniform system of bankruptcy throughout the United States.
A committee was also appointed to report a Bill for the regulation of pilots, and the superintendence of beacons, &c. in the river Delaware, Chesapeake-Bay and rivers emptying therein.
The Report of the Secretary at War, on the petition of John Younglove, and the Counter-Petition of sundry inhabitants of the State of New-York, was called up; and a resolution passed, of which the following is the substance, viz.
That the prayer of the counter-petitioners cannot be granted [John Younglove, having been, but not then actually in the service of the United States, was disabled in his own house, in repelling an attack of the enemy, during the late war. He obtained from the late Congress a pension; and the contra-petitioners endeavored to effect the revocation of the grant. All the papers on this subject being referred to the Secretary of the war department, he reported, as his opinion, that Mr. Younglove did not, by any of the existing acts of Congress, seem entitled to a pension. An interesting debate took place, on the propriety of withdrawing the pension. On the one hand, it was urged, that if Mr. Younglove's title was admitted, every man, who might suffer in his person or his property, from an attack of the Indians, or of any other assailants, would have an equal right to claim a compensation at the national expense, and that the multitude of such claims would drain the public coffers; that Congress was not infallible; and if the late Congress had committed an error in granting a pension where it was not justly due, the present Congress have a right, and are, in duty to their constituents, bound to rectify the mistake, by revoking the grant. On the other hand, it was said, that, although Mr. Younglove was not under the then existing laws, entitled to a pension, yet, as the late Congress thought him deserving of one, and conferred it on him, it would ill become the present Congress to revoke the grant. They ought to suppose that their predecessors had sufficient reasons to influence them in making it; at all events, the grant being once made, and the public faith plighted for the continuance of the pension, they could not now withdraw it without destroying the public confidence in the promises of government ]
THURSDAY NOV. 10.
The Certificate Bill, was read a second time, and ordered to be printed for the use of the members.
The PRESIDENT communicated a report of the Secretary of State, containing an estimate of the quantity of unclaimed lands belonging to the United States in the North-western and South western territories. A committee was raised thereon, to bring in a Bill for the disposal of Lands belonging to the United States. Two hundred copies of the report were ordered to be printed.
ORDER OF THE DAY.
The House went into Committee of the whole on the schedule of the enumeration of the inhabitants of the United States; made progress therein, rose, and requested leave to sit again, to-morrow.
A Committee was raised to bring in a Bill to provide for the settlement of the claims of persons under particular circumstances, barred by the limitations heretofore established.
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Domestic News Details
Event Date
November 7 10
Key Persons
Outcome
passage of south-carolina census bill; agreement to secretary's report denying further allowance to massachusetts agents; agreement to secretary's report on john torry's petition; resolution denying counter-petition against john younglove's pension; various bills reported and committees appointed.
Event Details
The House of Representatives discussed and acted on budget appropriations, the South-Carolina Census Bill, committee appointments, reports on War Secretary petitions for John Torry and Massachusetts agents, with debates on half-pay for deceased officers ending in favor of the reports; Vice-President's report on public stock purchases; on November 9, bills for certificate renewal, bankruptcy system, pilot regulations, and John Younglove's pension debate resulting in denial of revocation; on November 10, certificate bill reading, Secretary of State report on unclaimed lands, and committee on inhabitant enumeration.