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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina and Georgia; and from Rhode Island, Mr. [Nathan] Miller. and from Maryland. Mr. [John] Henry.
The Committee [consisting of Mr. Arthur St. Clair, Mr. Melancton Smith, and Mr. John Henry] to whom was referred the Report of the Commissioner for Army Accounts upon the Petition of the Executor of the late Brigadr. Genl. Thomson beg leave to report that they have taken into Consideration the Report of the said Commissioner together with the Accounts and papers presented to them by the said Executor, and are of Opinion upon the first Article in the Report, viz., the Demand of the Executor for retained Rations of Provision, That the irregularities of the Commissaries furnish no good Argument
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against the payment to officers for such part of their Rations as they have not received. That the allowance of a certain number of Rations, according to their different Ranks was a part of the made with them, and where no Charges of provisions issued appears, it is prima Facie evidence that none was issued. That in many Cases it must have been next to impossible for Officers to make regular Accounts of the Provisions received by them, or, from the frequent and sudden movements of the Troops, to have preserved them if they had been made. That it is notorious the Stores were often in a Situation to afford nothing besides Beef and Bread while many other Things entered into the Composition of a Ration; and were frequently so ill supplied those that, where Officers were entitled to draw more than a single Ration, it would have been highly imprudent, if not criminal to have done it. That in those cases they were obliged to procure what was necessary for their Tables by applying money from their private Funds to the purchase of them. That if, after the Settlement of such Accounts, it should appear from a more correct examination of the Commissaries Books any Quantity of Provision has been omitted to be charged the united States will have a remedy against the Persons who received it; but, should all settlement of these Accounts be refused because of the Irregularities of the Commissarys, an Injury absolutely without Remedy, would be done to many--even the suspending the settlement, would provoke the same; because the Commissr. for those Accounts states that he cannot bring many of them to render their Accounts at all, and would consequently be putting them off for ever. That if some loss may be sustained it is more reasonable that it should fall upon the public than upon Individuals because in their Case it can but [be] a very small loss; in the other it may be a very great one. That as Genl. Thomson was a Prisoner, and resided at Carlisle in the State of Pennsylvania from the time he was liberated on Parole until that of his Death there is no probability that he drew Provisons at any other Post and the Quantity issued to him there is ascertained. They therefore submit the following Resolution:
That on the Claim for retained Rations of Forage your Comittee are of Opinion the Reasons for allowing payment for retained Rations of Provisions apply equally to those of Forage; But as, from the Circumstance of the Generals having been a Prisoner his Family must have been dissolved, and the number of Rations as stated by the
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Resolution of the 15 July, 1780, to be for a Brigadier and his Family, it would not be proper to allow the whole number. As Genl. Thomson, however, was in constant Expectation of being exchanged, he did, no doubt, keep himself provided with a number of Horses proper to take the Field with; which Number in the Opinion of the Committee could not be less than three. The Exception in the Resolution of July 15th, 1780, tho' expressed in very general terms, was, clearly, never intended to extend to Officers of every Description, and the only case where Forage by that Resolution is not allowed them is when, having obtained leave of Absence, they have absented themselves beyond the limited time. The Quantity of species of Forage composing a Ration is fixed by Resolutions of Congress, and there can be little difficulty in ascertaining the Value; because, it was made the Duty of the D. Qr. Mr. Genl. for the States to ascertain it, and the Qr. Mr. Genl. was in the constant habit of paying for the same. The Committee are therefore of opinion that it should be resolved--
That the Commissioner for settling the Accounts of the Qr. Mr. Genl. Postponed. Departt. adjust the Forage Account of the late Brigr. Genl. Thomson in allowing him three rations of Forage pr. day and certify to the Commissioner for Army Accounts any Ballance that may be due to or from the said Brigadier, who shall take order thereupon accordingly.
With respect to the Sums which stand charged against Genl. Thomson in the public Books your Committee are of Opinion that he should be discharged from the same for the Reasons assigned by the Commissioner, and because it was the Practice, at the times these charges were made, to deliver to the Colonels the whole pay of the Regiments; and there is every Reason to believe, both from the Character of the General, and that no demand has since been made for the whole or any part that they were regularly paid over. The appointment of regimental Paymasters was a later Regulation, and two of the Charges are expressly stated to have been pay for his Regt.
The Committee are farther of Opinion that in the Account of Disbursements extracted by the Executor from Memorandums found amongst the Generals Papers, all such Articles as appear to be proper charges against the united States should be passed to his Credit, although they are not accompanied with the proper Vouchers, because, it is to be considered that it was not always practicable to take such Vouchers--that it is now impossible, from the Circumstance of
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his Death, to supply the want of them in the manner allowed by Congress, and that they appear in such Shape as to carry indubitable marks of their authenticity whereupon they offer the following Resolution.1
[Note 1: 1 This report, in the writing of Arthur St. Clair, is in the Papers of the Continental Congress, No. 19, VI, folio 29. According to indorsement, it was read October 2; the two submitted resolves were passed October 3, where they are spread on the Journal of that day with a minor change by Congress in the last resolution.
October 2: The following committees were appointed:
Mr. [Charles] Pinckney, Mr. [Melancton] Smith and Mr. [John] Henry, on "Act of Georgia pursuant to recommendation of 30 April, 1784, and the subject at large." The Act is in No. 76, folio 306, and was passed February 13, 1786.
Mr. [Edward] Carrington, Mr. [Nathan] Dane and Mr. [William Samuel] Johnson, on "Proceedings of Assembly of Georgia 3. Aug., 1786, respecting Indians." The proceedings are in No. 73, folio 323. This committee was discharged October 6.
The "Letter of 27 June from Mr Adams contg. communications of Chevr. de Pinto" was referred to the Secretary for Foreign Affairs to report and a report rendered February 3, 1787. See ante, September 26.
A "letter 29 Sept., 1786, Lawrance & Morris" was referred to the Board of Treasury to report and report rendered October 5, which was read in Congress October 9.
The committee of September 12, to whom was referred the report on the Consular Convention with France, was discharged.
Committee Book No. 190.
Also, according to indorsement, was read a letter of September 29, from Samuel Holden Parsons, resigning on account of the need to remain with his family in the present alarming state of affairs in Massachusetts. [Shays' rebellion.] It is in No. 78, XVIII, folio 615.
Also was read a letter from Genl. William Shepard to Secretary at War Knox, dated September 28, from Springfield, Massachusetts, reporting the situation [Shays' rebellion]. It is in No. 78, XXI, folio 475.]
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