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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
A letter, of 6th, from E. Forman and J. Gibson, was read; Whereupon,2
[Note 2: 2 This latter is in thePapers of the Continental Congress, No. 62, folio 631.]
Ordered, That Tuesday next be assigned for considering the papers therein referred to.
The Board of Admiralty, to whom was referred the memorial and account of Captain R. Elliot, request that they may be discharged therefrom, the said account not being within the line of their department, but relating to a private expedition, undertaken at the expence of the State of Virginia, and because they are not furnished with any documents relative thereto from O. Pollock, continental agent at New Orleans, who was employed by and hath constantly corresponded with the Committee of Commerce:3
[Note 3: 3 This report is in thePapers of the Continental Congress, No. 41, III, folio 63.]
Resolved, That Congress agree to the said request.
Whereas the events of the war may prevent the legislatures of some of these states from assembling in time to consider the act of Congress of the 3d, and consent to the vesting in Congress the power to levy the duties mentioned in the said act, so as to enable Congress to apply the said duties for the important purpose for which the said duties are designed; and whereas there is no reason to apprehend that such states
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as may be so circumstanced, will refuse to concur in a measure calculated for the general defence, so soon as their legislatures shall be enabled to meet and deliberate:
Resolved, That so soon as all the states, whose legislatures shall and may assemble, shall consent to the vesting in Congress the power of levying the duties in the act aforesaid specified, Congress will proceed to the execution of the said powers; and the revenues arising from the said duties, shall be carried to the general credit of all the states which shall consent or accede thereto, in the first session of their respective legislatures, which shall be held after the said act shall have reached the executive powers of the states respectively.
Ordered, That the foregoing resolution, together with the act of the 3d, be transmitted with all convenient despatch to the several states; and that, in the letter accompanying the same, the President urge upon the several executives the necessity of immediately calling the assemblies, if not already convened, for the purpose of vesting Congress with the power mentioned in the said act.
Ordered, That a committee of three be appointed to make as accurate an estimate of the public debt as they possibly can, and report the same to Congress;
The members, Mr. [James] Duane, Mr. [William] Sharpe, Mr. [Oliver] Wolcott.
Ordered, That the estimates and returns relative to the public debts, in the Secretary's office, be referred to the said committee.
Mr. Richard Law was nominated by Mr. [Jesse] Root for the office of secretary of foreign affairs.
The committee to whom was re-committed part of their report on a plan for the arrangement of the civil executive departments of the United States, delivered in another report.
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Congress then resumed the consideration of the plan for the arrangement of the civil executive departments of the United States; and thereupon,
Resolved, That there be aFinancier Superintendant of Finance, a Secretary at War, and a Secretary of Marine:
That it shall be the duty of theFinancier [Superintendant of Finance], to examine into the state of the public debt, the public expenditures, and the1 public revenue, to digest and report plans for improving and regulating the finances, and for establishing order and economy in the expenditure of the public money; to direct the execution of all plans which shall be adopted by Congress respecting revenue and expenditure; to superintend and control the settlement of all public accounts; to direct and control all persons employed in procuring supplies for the public service, and in the expenditure of public money; to obtain accounts of all the issues of the specific supplies furnished by the several states; to compel the payment of all moneys due to the United States, and in his official character, [or in such manner as the laws of the respective states shall direct,] to prosecute on behalf of the United States, for all delinquencies [respecting the public revenue and expenditures]; to report to Congress the officers which shall be necessary for assisting him in the various branches of his department.
[Note 1: 1 George Bond here begins the entries.]
That the powers and duty of the Secretary at War shall be as follows:
To examine into the present state of the war-office, the returns and present state of the troops, ordnance, arms, ammunition, cloathing, and supplies of the armies of these United States, and report the same to Congress; to obtain and keep exact and regular returns of all the forces of the United States, and of all the military stores, equipments, and supplies in the magazines of the United States, or in
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other places for their use; and to take the immediate care of all such as are not in actual service; to form estimates of all such stores, equipments and supplies as may be requisite for the military service, and for keeping up competent magazines, and to report the same to theFinancier [Superintendant of Finance], that he may take measures for procuring the same in such manner as may best suit the finances of these states; to prepare estimates for paying and recruiting the armies of these United States, and lay them before theFinancier [Superintendent of Finance], so seasonably as to enable him to make provision without delay or derangement; to execute all the resolutions of Congress respecting military preparations, and transmit all orders and resolutions relative to the military land forces of these United States; to make out, seal, and countersign all military commissions, keep registers thereof, and publish annually a list of all appointments; to report to Congress the officers necessary for assisting him in the business of his department.1
[Note 1: 1 This report, in the writing of James Duane, except the words in brackets, which are in the writing of Samuel Huntington, is in thePapers of the Continental Congress, No. 28, folio 311.]
The Committee to whom was re-committed a plan for the arrangement of the Civil Executive Departments of the United States so far as it respects the marine, submit the following Report:
Resolved, That it shall be the duty of the Secretary of Marine, to examine into and report to Congress the present state of the navy, a register of the officers in and out of command, and the dates of their respective commissions; and an account of all the naval and other stores belonging to that department; to form estimates of all pay, equipments and supplies necessary for the navy; and from time to time to report such estimates to the Superintendent of Finance, that he may take measures for providing for the expences, in such manner as may best suit the condition of the public treasury;
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to superintend and direct the execution of all resolutions of Congress respecting naval preparations; to make out, seal and countersign all marine commissions, keep registers thereof, and publish annually a list of all appointments; to report to Congress the officers and agents necessary to assist him in the business of his department; and in general to execute all the duties and powers specified in the act of Congress constituting the Board of Admiralty.1
[Note 1: 1 This report, in the writing of James Duane, is in thePapers of the Continental Congress, No. 28, folio 315.]
A letter, of the 6th, from B. Stoddert, secretary of the Board of War, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XXI, folio 17.]
Ordered, That it be referred to the Board of Wary3
[Note 3: 3 Here Charles Thomson resumes the entries in the Journal.]
At A Board Of WarFeby 5th. 1781.
Present Mr. Peters
Genl. Cornell
The Board have considered the Memorial of Lt Col Diriks and beg leave to remind Congress, that he was made a Lt Colonel by Brevet in the Army of the United States on the fifth day of Nov. 1778 and permitted to return to the Netherlands--where it appears from the journals of that day that he was to be employed in negociating a loan--the Board knew nothing of him from that time only by report--which said that he went to Holland and transacted the Business he was employed in to the satisfaction of those who sent him--till the 29th. December, 1779 when Congress resolved "That in consideration of the peculiar circumstances attending the Case of Colonel Diriks that gentleman receive the pay and subsistance of a Lt Colonel in the Army of the United States from the date of his Brevet untill the further order of Congress." It would seem from this resolution that the Brevet commission given to Colonel Diriks was intended in the first instance as a mere honorary matter. He continued to draw his pay and rations in Philadelphia, frequently applying to the Board to be employed in active service tilt the 12th of July last, when Congress Resolved "That Lt Colonel Diriks have leave of absence agreeable to his request untill the further order of Congress."
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"That Bills of Exchange for four hundred and fifty dollars be granted him on the honble Mr. Laurens (afterwards altered for Bills on Mr. Jay) on account of his pay."
Colonel Diriks did not return to Europe as he intended when these resolutions passed but on the 7th. of August informed Congress that he would serve one more campaign in America and defer his departure till the end of it which he has done accordingly.
Upon this State of facts Congress will be pleased to Judge whether it should be resolved
That Lt Colonel Diriks be informed that it is impracticable to employ him in the Service of these States consistent with the arrangement of the Army.
That he receive his pay to this day and be no longer considered in Service.
Or if Congress should be of opinion that Lt Col. Diriks should be considered as an Officer entitled to retire under the Regulations of the 3d and 21st Oct last, they will please to resolve,
That Lt Col. Diriks have leave to retire from the Army of the United States agreable to the regulations of Congress of the 3d and 21st October last--1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 107. It is indorsed: "Read Feby. 7, 1781."]
Adjourned to 10 o'Clock to Morrow.
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