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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Mr. Nathaniel Scudder, a delegate from New Jersey, attended, and took his seat in Congress.
A letter, of this day, from Mons. John de Kermovan, colonel, was read, desiring to be promoted to the rank of
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brigadier, and intimating his desire to quit the service, if his request is not granted; Whereupon,
Resolved, That Congress do not think it consistent with the good of the service to promote Colonel Kermovan to the rank of brigadier, and that the Committee on Foreign Applications inform Colonel Kermovan that Congress have no farther occasion for his service.
A letter, of the 11 January, from Major General Arnold, at Albany, with sundry papers enclosed, was read:
Ordered, That the same be referred to the Board of War.
A letter, of the 15 January, from H. Marchant, at South Kingston, State of Rhode Island, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of the 26 January, from Governor Livingston, of New Jersey, at Morristown, was read.1
[Note 1: 1 The letter of Kermovan is in the Papers of the Continental Congress, No. 78, XIII, folio 455; that of Arnold is in No. 162, folio 110; that of Merchant is in No. 78, XV, folio 291; and that of Livingston, in No. 68, folio 325.]
The Committee of Commerce laid before Congress sundry letters, which were read and returned to the Committee; Whereupon,
Resolved, That the Committee of Commerce be empowered and directed to write to the commissioners at the court of France, desiring them to appoint one or more suitable persons to be commercial agents for conducting the commercial business of the United States in France and other parts of Europe.
Resolved, That it be recommended to the supreme executive powers of every State, to give attention to the conduct and behaviour of all continental officers, civil or military, in the execution of their respective offices; that the said executive powers be authorized to suspend from pay and employment, for misbehaviour or neglect of duty,
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within their respective states, any officer of the staff or other civil officer aforesaid, not immediately appointed by Congress, and to make a temporary appointment in his place, if necessary, and to remove such of the said civil officers as shall appear to be supernumerary, forthwith reporting in either case their proceedings to Congress: that in case of any reprehensible conduct in any other officer of the United States, it be recommended to the executive powers aforesaid, to enquire into the circumstances of the case, and if, in a civil officer appointed by Congress, to transmit an account thereof to Congress; if in a military officer, to lay the same as soon as possible before the Commander in Chief or commanding officer of the department.
Resolved, That it be recommended to the legislatures of the several states, to enact laws for the most speedy and effectual recovery of debts due to the United States of America.1
[Note 1: 1 In the Papers of the Continental Congress, No. 19, VI, folio 231, is the following, in the writing of Abraham Clark; the second paragraph was a substitute for the first:
"That it be recommended to the Legislatures of each State to Enact Laws (where Laws already passed are insufficient) for recovering Debts due to the United States of America from delinquents residing within their State, by Action of Debt, or on the Case at the Suit of the Treasurer of the United States."
"That it be recommended to the Legislatures of each State to Enact Laws for the most speedy and effectual recovery of Debts due to the United States of America from Delinquents residing in their State, either by Legal Summary process or in a Summary way as may be most consistent with the Constitution and Approved Customs, in Actions to be brought at the Suit of the Treasurer of the United States of America for the Time being."
On folio 223 are the following paragraphs, in the writing of Thomas McKean; the first was struck out:
"That it be recommended to the Supream Executive Powers of every State to give attention to the behaviour of the officers, civil and military, of the United States, when within their respective jurisdictions; that they have power to suspend from pay and employment for misbehaviour, or neglect of duty any civil officer, and to make a temporary appointment in his place if necessary, and to remove any such Officers as shall appear to be supernumerary; and that they forthwith report their proceedings to Congress. And, in case, of any reprehensible conduct, in a military officer, that they make inquiry into the circumstances of the case, and lay the same as soon as possible before the Commander in chief."
"That it be recommended to the legislature of each State, to enact a law, authorizing and directing the justices of the Supream or Superior court of such State to take cognizance of, and upon a petition exhibited by any person impowered for that purpose in behalf of the United States, or his Attorney, to call before them any officer or person, or the executors or administrators of such as are deceased, who have received and not accounted for any monies belonging to the said United States, and to proceed in a summary way, upon the testimony of witnesses and examination of persons interested, upon their oaths or affirmations, [by] inspection and examination of accounts, depositions taken after notice to the opposite party, and other writings, or by all or any of the said ways, or otherwise, according to the circumstances of the case, as soon as conveniently may be, to hear and determine the same; and finally to cause their judgments or decrees in the premises to be executed, without appeal to any other court whatsoever: And that it be also recommended to the said Legislatures respectively by a law, or a clause in the law above mentioned, to oblige executors and administrators to give a priority in the payment of debts to the United States of America."]
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Resolved, That the President write to Mr. [Jeremiah] Wadsworth, and request him to attend Congress on matters of consequence:
That the Board of War be directed forthwith to enquire into the causes of the deficiencies in the department of the purchasing commissaries, and report to Congress.
Adjourned to 10 o'Clock to Morrow.
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