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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
A report from the Board of Treasury was read; Whereupon,
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Ordered, That a warrant issue on the treasurer, in favour of David C. Claypoole, printer to Congress, for ten thousand dollars, for which sum he is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. James McLene, one of the delegates for the State of Pensylvania, on his application, for five thousand dollars, for which the said State is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. R[oger] Sherman, one of the delegates, for the State of Connecticut, on his application, for five thousand dollars, for which the said State is to be accountable.
That a warrant issue on Thomas Smith Esqr Commissioner of the Continental Loan Office in the State of Pennsylvania for one hundred and eight thousand one hundred and twenty dollars in Loan office Certificates in favour of Peter Whiteside to discharge a note given by the Treasurer to Robert Morriss Esqrdated 21stof June 1779 for specie borrowed of him in consequence of aa Resolution of Congress of the 16thof June last for the use of the Commander in Chief.
That a warrant issue on the Treasurer in favor of Francis Gurney Esqr. for the sum of thirty six thousand dollars in payment of the Rent of his house occupied by the President of Congress to the 24 of March Next
That the following warrants issue in favour of Charles Pettit, assistant quarter master general, on account of Major General Greene, quarter master general, and for the use of his department, for which he is to be accountable, viz;
One on Samuel Patterson, Esquire, commissioner of the continental loan office, for the State of Delaware, for eighty thousand dollars.
One on Thomas Harwood, Esquire, commissioner of the continental loan office, for the State of Maryland, for three hundred thousand dollars.
One on his excellency the president and supreme executive council of the State of Pennsylvania, for three hundred
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thousand dollars, being part of the monies raised in the said State, for the use of the United States, and
One on Abraham Yates, Junior, Esquire, commissioner of the continental loan office, for the State of New York, for one hundred and fifty thousand dollars.
Ordered, That a warrant issue on the treasurer, in favour of Richard Phillips, steward to the President of Congress, for five thousand dollars, for the use of the President's table, for which the said steward is to be accountable.
That a warrant issue on the treasurer, in favour of George Bond, deputy secretary to Congress, for two thousand dollars, to defray the incidental charges of the Secretary's office; and for which he is to be accountable.
That the Board of Treasury direct Thomas Smith, Esquire, continental loan officer for the State of Pensylvania, to deliver to Peter Whiteside, or his order, three thousand nine hundred and thirty one Mexican dollars and 35/54 of a dollar, in bills of exchange, drawn upon the honorable John Jay, Esquire, Minister Plenipotentiary of the United States at the Court of Madrid, to discharge a note given by the Treasury to Robert Morris, Esquire, for specie borrowed agreeably to a resolution of Congress of the 16 of June last.1
[Note 1: 1 A note in the report says: "N. B. If Congress do not think proper to pay Mr. Whiteside in Bills, he would rather chuse to have money than certificates."]
Whereas by a resolution of Congress of the 28 of November, 1778, it was provided, that the allowance of the managers, after that time, should be determined at the close of the drawing of the second class of the lottery:
Resolved, That the said managers be respectively allowed 12 dollars per day for their services from the 28 of November, 1778, to the 29 of June 1779, being the time of finishing the drawing as aforesaid; and that their allowance for transacting the business of the third class be determined at the close of the drawing thereof.
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The Board on the letter of the 3rd. instant from Robert Troup Esqr Secretary to the Board (referred to them by Congress) beg leave further to report--
That they have considered the said letter and conferred with Mr Troup on the subject of the request made therein. That on enquiry they find some others employed in the Boards of Congress are in similar circumstances with him.
That from this fact a difficulty arises because if the balance mentioned in the letter be remitted, the like will be claimed in other cases and if generally allowed may operate very unequally--
They therefore propose it, be
Resolved, That the balance due from Mr. Troup lie for the present.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folios 65--77. The paragraph relating to Gurney was postponed; that relating to Whiteside was also entered in the manuscript Secret (Domestic) Journal.]
Resolved, That the resignation of Mr. R. Troup, secretary to the Board of Treasury, be accepted.
A report from the Board of Admiralty was read; Whereupon,
Admiralty Office Feby. 5. 1780.
The Board of Admiralty beg leave to Report to Congress.
That the three Resolutions of the 6th. May, 1778 directing the mode of constituting Courts of Enquiry and Courts Martial in certain cases, &c. &c. and which expired the 6th May last be revived changing the words Marine Committee into the Board of Admiralty and take effect from the date hereof.
Resolved, That when any ship or vessel of war, in the service of the United States, shall be lost by capture or otherwise, a court of enquiry, consisting of that continental navy board which shall by the Board of Admiralty be directed to proceed therein, or any three persons that such navy board may appoint, be held to enquire into the cause of such loss; and if it shall appear that the same was occasioned by the negligence or malconduct of the captain, or any other commissioned officer belonging to the ship or vessel of war so lost, that then
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a court martial be held for the trial of the officer so offending, to consist of such officers, if conveniently to be collected, as by the rules and regulations of the navy constitute a court martial; otherwise of five such persons as the said navy board shall for that purpose appoint; and if such loss should be by capture, and it shall appear on trial, that the same was occasioned by the cowardice or treachery of the commanding officer, then, and in that case, such commanding officer shall suffer death; and if the loss, whether by capture or otherwise, should be occasioned by any other malconduct, such commanding officer shall be, by such court martial, cashiered:
That when two or more ships or vessels of war, in the service of these states, are in company, and any or either of them shall be lost by capture or otherwise, a court of enquiry, so constituted as aforesaid, shall be held to enquire into the causes thereof; and if it should appear that such loss was occasioned by the malconduct or negligence of any captain or commanding officer of any other ship or vessel in company as aforesaid, then a court martial, constituted as before mentioned, Shall be held for the trial of the officer so offending; and if the loss should be by capture, and it should appear on trial, that such capture was occasioned by the cowardice or treachery of such captain or commanding officer, by withholding his assistance from the ship or vessel of war so captured, then, and in that case, such captain or commanding officer shall suffer death; but if it shall appear that the loss happened through any other malconduct of such captain or commanding officer, then he shall be, by such court martial, cashiered:
That if, upon enquiry as aforesaid, into the conduct of any officer or officers in the service of these states, it shall appear that they, or any of them, shall have offended in any instance mentioned in these resolutions, it shall be in the power of the navy board to suspend such officer or officers, until a trim by
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court martial shall be had; and the navy board shall forth-with transmit to the Board of Admiralty the proceedings of such court of enquiry, with their doings in consequence thereof, and to Congress all the proceedings of courts martial, when any shall be had, previous to the execution of any capital sentence that shall be by such court martial awarded; to the end that Congress may extend their mercy to such offenders as they may judge to be proper objects thereof.
Resolved, That the Board of Admiralty order a court of enquiry to be instituted agreeably to the foregoing resolution, to enquire into the cause of the loss of the continental sloop Fly, lately commanded by Captain James Robinson.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 37, folio 187.]
On the question to agree to the last resolution, the yeas and nays being required by Mr. [Nathaniel] Peabody,
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So it was resolved in the affirmative.
A petition of the corporation of the public grammar school, or academy, of the borough of Wilmington, in the Delaware State, was read, praying a compensation for the damages done to their public school:1
[Note 1: 1 This petition, dated February 5, 1780, is in the Papers of the Continental Congress, No. 42, VIII, folio 187.]
Ordered, That it be referred to the Board of Treasury, there to be filed with papers of a similar nature.
According to order, Congress proceeded to the consideration of the report of the Board of War; when
A motion was made by Mr. [Abraham] Clark, seconded by Mr. [Nathaniel] Folsom, that the consideration thereof be postponed; and on the question for postponing, the yeas and nays being required by Mr. [James] Forbes,
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So it passed in the negative.
After farther debate,
Admiralty Office Feby. 1780.
The Board to whom was referred a motion of Congress relative to the adopting a proper mode for bringing their several agents to a speedy settlement of their accounts beg leave to report.
That whereas little regard has hitherto been paid to the repeated applications made by the Marine and Commercial Committees, and this Board to the Respective Agents for the aforesaid purposes. It is therefore resolved--
That the Commissioners be empowered to demand and receive from the several agents and Commissioners of the Navy aforesaid all such articles of public property as may be in their custody, remove the same to, and dispose thereof at, such places as may be deemed most advantageous to the public, remit the money arising from such sales to the Board of Treasury, subject nevertheless to such joint instructions as the Commissioners shall from time to time receive from Congress the Boards of War and Admiralty and commercial committee.
That the Commissioners pay be during their continuance on this service together with all reasonable expences.
That the Executive powers in the respective States be requested to give the Commissioners every necessary assistance and support in the execution of their Commission.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 37, folio 189.]
Adjourned to 10 o'Clock to Morrow.
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