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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Mr. [Thomas] Jefferson, a delegate for Virginia, attended, and took his seat.
Congress took into consideration the report of the committee appointed to enquire fully into the proceedings of the department of war, and the same being read:
Ordered, That it be entered on the Journal. The report is as follows:
The committee, consisting of Mr. [John] Rutledge, Mr. [Richard] Peters, Mr. [Daniel] Carroll, Mr. [Alexander] Hamilton and Mr. [Theodorick] Bland, appointed to enquire into the proceedings of the department of war, and to report the result of their enquiries; report,
That they have enquired fully into the proceedings of the department of war, from the first Monday in January, to the first Monday in July, 1782, and from that time, until the
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first Monday in January, 1783, and find that the Secretary at War hath faithfully executed and discharged the several powers and duties committed to and required of him, by the resolves of Congress.1
[Note 1: 1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 27, folio 253.]
War Office November 4, 1783
Sir,
By the resolves of Congress of the 17th January, 1782, the Secretary at War was empowered to appoint an Assistant Secretary and two clerks--they were accordingly appointed. The Secretary Mr Carleton only remains in office. By a farther resolve of Congress of the 24th July following additional powers were delegated to the Secretary at War, and the Department of Military Stores was placed under his immediate direction, and he ordered to appoint a Commissary of Military Stores, and such other officers in the Department, as should be found necessary. The Commissary Mr Hodgdon, is yet in service, and a few others at the different stores.
The Secretary in the War Office, Mr Carleton, Mr Hodgdon and an assistant at each of the magazines ought at present, in my opinion, to be retained in service, unless a Secretary at War should be immediately appointed. Some mode therefore should be immediately adopted upon the adjournment of Congress to retain these officers, or they may think themselves discharged on the twelfth instant, the time I am permitted by Congress to retire. Should nothing be done by Congress, and these officers at that time quit the service, very disagreeable consequences may follow, as no person will then be responsible either for the papers of the War Office, or our military stores.
I would farther represent to Congress that the greatest part, indeed nearly all the military stores belonging to the United States, are now lodged in the State of Pennsylvania, and in the States East of that.
From an expectation, that magazines would be erected in Virginia and South Carolina, I have kept in store a quantity of Ordnance and Ordnance Stores at Providence and at the Head of Elk, as those at Providence might with ease be thrown into the Magazines in South Carolina by water, and those at the Head of Elk into the Magazines in Virginia.
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These Magazines have not been built for reasons well known to Congress, and if the idea of erecting them in the spring should be dropped--I hope it will not--these Military Stores, being very insecure, should be removed this winter to magazines of greater security; but if Congress are still in opinion that the measure is indispensable, the stores ought not to be removed, as doing it would involve the public in a very considerable expence; besides it would embarrass and delay their being lodged in proper Magazines when they should be erected and greatly augment the cost of doing it. I wish the direction of Congress on these points.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, III, folio 499.]
On motion of Mr. [Hugh] Williamson, seconded by Mr. [Samuel] Osgood,
Resolved, That Samuel Hodgdon, commissary of military stores, under the appointment of the Secretary at War, be continued in that office until the farther order of Congress, and that he be empowered to continue such assistants as may be necessary to take care of the military stores.
That Joseph Carleton, secretary in the war office, be continued in office until the further orders of Congress.
That the Secretary at War instruct Mr. Hodgdon, not to remove from the town of Providence, in the State of Rhode Island, and the head of Elk, the military stores at present deposited at those places respectively, till the further orders of Congress.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson,
Resolved, That the chairman of Congress, in the absence of the President, give the necessary directions respecting the President's household.
On the report of a committee, consisting of Mr. [Samuel] Osgood, Mr. [Hugh] Williamson and Mr. [James] Tilton, to whom was referred a letter of 30 March last, from Major General Lincoln:
The Committee to whom was referred the letter of Major General Lincoln of thehave examined the list of bills drawn by
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him whilst commanding in the Southern Department, and find sufficient vouchers to support charges against the Commissary of purchases, the Quarter Master, the Clothier, the Pay Master, Purveyor of the Hospital and the Navy, for five millions four hundred and twenty four thousand one hundred and nine dollars; and that bills to a considerable amount are yet outstanding, which when presented for payment ought also to be charged to the Departments in whose favor they were respectively drawn. Wherefore your Committee submit the following resolution:
Resolved, That Major General Lincoln be credited, in the books of the treasury, the sum of five millions four hundred and twenty four thousand one hundred and nine dollars, and that the several departments be charged with the amount of the bills drawn in their favor: And that all such bills as may hereafter be presented for payment, be charged to the departments in whose favor, from the face of the bill, they shall appear to have been drawn; and that Major General Lincoln be credited for the amount thereof.1
[Note 1: 1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 19, III, folio 577.]
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [James] McHenry,
That the Commander in Chief be authorised and directed, after the evacuation of New York by the British forces, to discharge the federal army, except 500 men, with proper officers, or such number as he may judge necessary for garrisoning the posts, and guarding the public magazines of the United States.
And that this motion be referred to the Commander in Chief, to take order.
On the question to agree to this, the yeas and nays being required by Mr. [James] McHenry,
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So the question was lost.
On motion of Mr. S[amuel] Huntington, seconded by Mr. [Hugh] Williamson,
Resolved, That the resolution passed yesterday, empowering the chairman to adjourn Congress on the 6th, be reconsidered and altered to the 4th.
On motion, Resolved, That this Congress be, and it is hereby adjourned to meet at Annapolis on the 26 day of this present month.
The Committee consisting of [Abraham Clark, Arthur Lee and Elbridge Gerry] to whom were referred the report of the superintendant of finance on the Letters of Benjamin Stelle commissioner for settling accounts in the State of Pennsylvania report,
That they have duly considered the matters to them referred and are of opinion it is unnecessary at this time to give any instructions to the commissioners relative to their settling the accounts between the United States and particular States, as it will be proper for the commissioners to pay their first attention to the settlement of accounts of individuals against the U.S. within the States for which they are respectively appointed, and whenever they may undertake a settlement beween a State and the U. S. the Act of Congress under which they were appointed, together with the instructions given by the Superintendant of finance, if properly attended to, may be sufficient for their direction; if not, and any unforseen embarrassments arise, the same may be stated to and removed by Congress, your Committee therefore confining their views to the
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settlement of accounts of individuals, propose the following resolution as instructions to the commissioners:
Resolved, That the Commissioners appointed by the Act of Congress of the 20th of February, 1782, be instructed to attend in each County or lesser district of the State for which they are respectively appointed, except in remote counties where such attendance may be unnecessary, and continue therein as long as may be requisite for settling the accounts of individuals within such county or district, giving public and timely notice of such attendance and the purposes thereof.
That under the description of supplies furnished the Army, the transportation thereof and contingent expences thereon contained in the above mentioned act of Congress, shall be comprehended the rent of and damage done to buildings occupied as barracks, stables or stores for public use; Fences Timber or wood used or destroyed by Continental troops or Militia; Team, Cart, Waggon or horse hire belonging to persons occasionally employed or of private property; Rations or parts of rations retained, due to carters owning Teams employed as above: But the settlement of accounts of Quarter Masters and Commissaries or their respective Deputies or Assistants or other Staff Officers, be no part of the business of these Commissioners; other provision having been made for settling such accounts.
That the settlement of all accounts shall be in the State in which the services were performed or supplies furnished, except where persons have been employed or compelled to go with their teams, homes or otherwise out of the State in which they resided, on particular services, in which cases, their accounts are to be settled in the State where they were employed or taken from.
That all accounts which have been examined and adjusted agreeable to the directions contained in the Act of Congress of the 26th of August, 1780, are not to be reexamined and adjusted, but taken as they stand to the time of settlement, and new specie certificates given for the same: But in all accounts for supplies furnished or transportation thereof, for which certificates or vouchers were given specifying the sum due in bills of the old emissions, and which have not been examined and adjusted in manner above mentioned shall be settled conformable to the rule prescribed in the Act of the 26th of August, 1780, in all cases where the same shall be found practicable: But all claims founded on certificates or vouchers where the sum is expressed and the quantity, quality or exact valuation
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of the articles for which the same were given, cannot at this distance of time be clearly ascertained, shall be taken, and passed as stated in the certificate or voucher reducing the sum to specie value, agreeable to the scale of depreciation fixed in the State where such settlement shall be made, provided any such scale shall have been fixed by the Legislature therein, otherwise by the scale framed by the Board of Treasury on the 29th day of July, 1780, to the time the same is extended, continuing such scale for supplies furnished after that period to the time of giving specie certificates, as near as possible agreeable to the actual state of depreciation at the time in the State.
That in all cases of claims for supplies furnished or taken for the Army, where no voucher for the same can be produced: the Commissioner upon examining the claim and such witnesses as he shall judge proper to admit in support thereof (of which he shall be judge) may either allow or disallow the same or any part thereof according to the principles of equity and good conscience: remembering in all cases of accounts or vouchers passed and liquidated, to charge the officer or other person who received or directed the taking such supplies with the amount thereof.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 19, V, folio 405. The indorsement states that it was presented November 4, 1783, and on January 12, 1784, referred to Mr. [Richard Dobbs] Spaight, Mr. [Elbridge] Gerry and Mr. [Arthur] Lee. According to the record in Committee Book No. 186, the committee was renewed February 13, and Mr. [John] Beatty and Mr. [Roger] Sherman added, and they delivered a report April 13.
On this day, according to the indorsement, was read a petition of Andrew Pepin, dated November 2, 1783, Lieutenant in Colonel James Livingston's regiment, praying for relief. It is in No. 42, VI, folio 280.
Also, a letter of November 3 from Major General Greene, which was referred to Mr. [Hugh] Williamson, Mr. [Thomas] Jefferson and Mr. [Jacob] Read. It is in No. 155, II, folio 672. Committee Book No. 186 states that the Committee reported January 13, 1784, and Committee Book No. 191, that the report was acted upon, April 6.]
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