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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Mr. John Lewis Gervais, a delegate for the State of South Carolina, attended and took his seat.
On a report of the Secretary at War,
War Office July 1st 1782.
Sir,
Captain Brossard of the Georgia Line at present a prisoner of war, has, in a letter to me which states the necessity he is under of returning
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to Europe to obtain supplies from his friends, requested that he may be indulged with leave of absence for that purpose, and he farther solicits it at this time as there does not appear a probability of his being soon exchanged.
I beg leave to submit the propriety of granting Captain Brossard a furlough for nine months for the purpose of returning to Europe.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 455.]
Resolved, That a furlough for nine months be granted to Captain Brossard, of the Georgia line, for the purpose of returning to Europe.
On motion of Mr. [John] Witherspoon, seconded by Mr. [John] Lowell,
Resolved, That the determination of the question which was postponed on Friday last by the State of Rhode Island, be farther postponed.
On motion of Mr. [David] Ramsay, seconded by Mr. [James] Duane,
Resolved, That a committee of three be appointed to take proper measures for a public celebration of the anniversary of the independence, on Thursday next; the members chosen, Mr. [David] Ramsay, Mr. [George] Clymer and Mr. [Samuel] Wharton.
On a report from the Secretary at War, signifying Captain Celeron's wish to resign,
Resolved, That the resignation of Captain Celeron be accepted.
A letter, of 11 June, from J. Avery, secretary of Massachusetts, was read, enclosing an act passed by the said State, entitled An Act for granting to the United States in Congress assembled, a permanent revenue for the purpose of discharging the debts which have arisen or may arise in prosecuting the present war with Great Britain.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 65, II, folio 167.]
On a report from a committee, consisting of Mr. [James] Madison, Mr. [John] Lowell, Mr. [John Morin] Scott, Mr. [Samuel] Wharton and Mr. [John] Witherspoon, to whom was
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referred a report from the Secretary at War on an extract of a letter from the commissary of prisoners:
Resolved, That the said extract be referred to the Commander in Chief; and that he be authorised to take order thereon, so far as he shall judge the indulgencies applied for can be guarded from abuses particularly from a commercial intercourse with the enemy.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 27, folio 169.]
The Committee [Mr. Elias Boudinot, Mr. Samuel John Atlee, Mr. John Lowell, Mr. Ralph Izard, Mr. William Few] to whom the letter from William Henry Esq. of Lancaster was referred--Report the following Resolutions--
Whereas a large assortment of British Merchandize, has been imported into the Town of Lancaster in this State under pretext of the articles of capitulation of York Town, which assortments of merchandise appear to be greater in quantity than what is necessary for the supply of the Capitulants only.
And whereas complaints are daily made that various means are used by the Capitulants and others to vend this merchandize to the Inhabitants of this State, to the great injury of the fair trader, and contrary to the letter and spirit of the Capitulation, which renders it absolutely necessary for the safety and interest of the United States that measures be taken to put a speedy stop to practices so dangerous in themselves and injurious to the Citizens of these States--
Therefore, Resolved, that the Secretary at War be directed to order the careful inspection of the goods imported as cloathing and necessaries for the use of the Capitulants of York Town, and if upon inspection, there shah be found such as are not absolutely necessary for the said Prisoners, he shall cause the same to be carefully kept until the farther order of Congress.
That the Secretary at War take proper and effectual precautions for preventing the issuing of Cloathing and other articles to the Capitulants of York Town, except such as shall be absolutely necessary from time to time both in kind and quantity agreeable to the terms of the said Capitulation, and in future to prevent the introduction of more than shall be necessary for the same purposes.
That the Secretary at War do immediately take order for a strict examination into the practices of the British officers, and others under
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the Capitulation of York Town to supply the shopkeepers and other Inhabitants with British merchandize imported under pretext of the permission given to import Cloathing and other necessaries agreeable to the said capitulation, and that he make report thereof to Congress.1
[Note 1: 1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 19, III, folio 129. The indorsement shows that it was delivered June 25, read June 26 and on July 1 recommitted to confer with the executive of Pennsylvania. According to Committee Book No. 186, the letter of W. Henry, dated May 1, was on May 3 committed to Mr. [Elias] Boudinot, Mr. [Samuel John] Atlee and Mr. [John] Rutledge, and on June 21 the several papers referred to that committee were recomitted to Messrs. Boudinot, Atlee, Lowell, Izard and Few.]
The Committee of the Week Consist'g of [Mr. James Duane, Mr. John Taylor Gilman, Mr. Noble Wimberly Jones] Report.
That the letter from Bellamy Crawford praying an advance on account of pay claimed from the United States be referred to the Superintendant of Finance.
That a memorial of Doctor Felix Texier late of Pulaski's Legion and a letter of Lewis Celeron late of the said legion praying that the certificates given to them respectively for the balance of pay due, may be discharged, be referred to the Superintendant of Finance.
That James Macmecken and other Petitioners praying for the interposition of Congress respecting the money claimed to be due to them for prizes taken by the Bon Heroine Richard be informed that directions are already given on this subject by the Act of Congress of the 11t.h. day of March last.2
[Note 2: 2 This report, in the writing of James Duane, except the second paragraph, which is in Charles Thomson's writing, is in the Papers of the Continental Congress, No. 32, folio 373. The indorsement states that it was passed on this day. The petition, dated June 24, 1782, from sailors belonging to the Bon Homme Richard is in No. 42, VII, folio 147.]
The Superintendent of Finance on the order of the 21(st) Instant begs leave to report.
That the monies which have come to his hands have been very inadequate to the various branches of the public service, wherefore it followed that some must suffer.
That of those monies which he did receive a considerable part was expended in cloathing accoutrements and other objects equally necessary for both Armies.
That of the Remainder a considerable part was expended in the movements made last campaign to succor the State of Virginia and
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thereby to rescue the Southern Army from the dangers to which it was exposed.
That the contracts entered into during the last summer were on the credit of monies furnished by the State of Pennsylvania in commutation of the specific supplies required from that State.
That the monies then in the hands of the Superintendant of Finance, would not enable him to pay for supplies to be furnished on Contract to either army.
That the prospect of receiving money from the States would not permit the forming such contracts without risquing a loss of that credit which appeared to him essential to the public service.
That events have justified the apprehensions which were then formed, and the supineness of the several States exceeded the worst idea he had entertained, demonstrating that if such engagements had been entered into they would inevitably have involved a loss of credit, and thereby the failure of that system of oeconomy which has been founded upon it.
That as soon as he had any reason to hope for such supplies of money from the States as would enable him to fulfill the contracts which might be made, he by letter of the nineteenth December, 1781, empowered General Greene to form such contracts.
That in consequence thereof he has been informed of certain causes which render that measure not only inexpedient but impracticable.
That the State of public Credit in that quarter is so low, that no person of property or ability would engage in a contract.
That the country in which the Army does and must continue to operate is so exhausted that sufficient supplies cannot be obtained by purchase alone.
That if such supplies be purchased at a distance the intermediate space is so exhausted as not to afford a practicability of transporting them to the army.
That the army being composed in a great measure of militia, from that and other causes is at times so feeble as to be incapable of opposing the enemy, should they come out with their whole force.
That consequently any Magazines which might be laid up by the contractors would be exposed either to capture by the enemy or to destruction for preventing such capture.
That those causes which have at times rendered necessary the rapid movements of that army prevent the General from a possibility of naming the places where Magazines should be deposited.
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That from all those causes rations would come so high (even if it were practicable to make Contracts for them) that no revenue which can be drawn from the people would be equal to the payment of such heavy expenditures.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, I, folio 645. It was read on this day, the indorsement states.]
The Superintendent of Finance to whom was referred the Report of a Committee of the twenty sixth Instant begs leave to report the following resolution:
Whereas it has been found by experience that drawing bills of exchange for the interest of loan office certificates is subject to many inconveniences and disadvantages, and whereas such bills without producing a full value to the parties are very injurious to the finances,
Therefore Resolved, That no more such bills be drawn after this day but that the Superintendent of the Finances of the United States do cause the said interest to be provided for out of the revenues which shall arise from the five per cent impost recommended by the Act of the United States in Congress of the third of February 1781.2
[Note 2: 2 This report, dated June 27, is in the Papers of the Continental Congress, No. 137, I, folio 639. It was read this day, according to the indorsement, and referred to Mr. [John] Rutledge, Mr. [Arthur] Lee, Mr. [Abraham] Clark.]
War Office June 28, 1782.
Sir,
I have carefully read the memorial of Captain Hanchett referred to me and the papers accompanying it. The principal part of the representations which the memorialist has made are unsupported by any vouchers produced by him and rest solely on his declaration, though that ought to have all the weight that unsullied integrity can give. Yet should a precedent be established by Congress of receiving accounts unauthenticated it would open a door through which might pass the greatest impositions frauds and injustice, which never I think should be done but in cases of absolute necessity, and then not until the best evidence shall be offered which circumstances will admit.
I think therefore the memorial should lie until farther evidence shall be given in support of the several observations.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 149, I, folio 451. The indorsement shows that it was read on this day and ordered to lie.]
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Ordered, That a report of the Secretary at War on the extract of a letter from Mr. Appleton be referred to the Superintendant of Finance.1
[Note 1: 1 This order was entered only in the journal kept by the Secretary of Congress for the Superintendant of Finance: Morris Papers, Congressional Proceedings.
On this day, according to the indorsement, was read a memorial of sundry seamen and others dated Philadelphia, July 1, 1782. It is in the Papers of the Continental Congress, No. 41, IX, folios 189--192. There is an undated report indorsed upon it from the Committee of the Week, in the writing of Noble Wimberly Jones, recommending that it be referred to the Committee appointed June 25, viz., Mr. [James] Duane, Mr. [John] Lowell, Mr. [Abraham] Clark. The indorsement in the Secretary's office says "Committee discharged the business having been decided by instructions to the Commander in Chief and other acts of Congress."
Also, a copy of the Act of the legislature of Massachusetts, passed May 4, 1782, granting to Congress a permanent revenue for discharging the debts in prosecuting the war. It is in No. 74, folio 193.]
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