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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled: Present, eleven states as before. Mr. [Thomas] Stone in the chair.
The report of the committee, consisting of Mr. [Richard Dobbs] Spaight, Mr. [Samuel] Hardy and Mr. [James] McHenry, to whom was referred a letter of 23 November, from the honble the minister plenipotentiary of the United Netherlands, together with his note respecting the capture and condemnation of the sloop Chester, being under consideration, and which is in the words following:
"That they have duly considered the matter to them referred, and are of opinion, that as there was no appeal
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from the decree of the court of admiralty of the State of South Carolina, to Congress, which ought to have been made and lodged with the secretary of Congress, within 40 days, had there been any intention of questioning the regularity or legality of the condemnation of the said sloop Chester at the time of condemnation, or the court of appeals appointed by Congress, the regular and usual manner of bringing maritime causes before them, Congress cannot at this day take up the cause. Your committee therefore recommend, that the minister of the United Netherlands be informed of the above, and advised to apply to the registry of the court of admiralty of the State of South Carolina, from which it will appear whether any and what illegal proceedings were made use of to procure the condemnation of the sloop Chester and her cargo: And that if there has been any breach of the laws of nations, or of the instructions issued by Congress to the captains of private ships of war, with letters of marque and reprisal, that the bonds given in the office of the secretary of the State of South Carolina, by the parties receiving such commissions, are liable to be put in suit for the benefit and indemnification of the party injured.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Francis] Dana, that the further consideration thereof be postponed: And on the question for postponing, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question was lost.
A motion was then made by Mr. [Francis] Dana, seconded by Mr. [David] Howell,
That the said report be referred to the next meeting of Congress; and that a copy of the note of the minister of the United Netherlands, be transmitted to the supreme executive of the State of South Carolina; and that they be requested to make enquiry into the truth of the facts stated therein, and to transmit the result thereof to the Congress at their next meeting.1
[Note 1: 1 This motion, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 36, II, folio 449.]
On the question to agree to this, the yeas and nays being required by Mr. [Francis] Dana,
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So it was resolved in the affirmative.1
[Note 1: 1 To this point the proceedings for the day were also entered also in the Secret Journal, Foreign Affairs.]
The motion of Mr. [James] Monroe as amended, was then taken into consideration.
A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [John Francis] Mercer, to postpone the consideration thereof, in order to take up the following:
That the commanding officer be directed to discharge the several officers and soldiers now in the service of the United States, except 25 privates to guard the stores at Fort Pitt, and 55 to guard the stores at West Point and other magazines, with a proportionate number of officers; no officer to remain in service above the rank of a captain; those privates to be retained who are inlisted on the best terms; provided Congress, before its recess, shall not take other measures respecting the disposition of those troops.2
[Note 2: 2 This motion, in the writing of Hugh Williamson is in the Papers of the Continental Congress, No. 36, IV, folio 577.]
On the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Hugh] Williamson,
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So the question was lost.
A motion was then made by Mr. [Ephraim] Paine, seconded by Mr. [Charles] De Witt, to postpone the consideration of the subject before the house, in order to take up the report of the committee, on the application of the State of New York, for Congress to declare the number of troops which are necessary to be kept up by the said State, to garrison the forts necessary for the defence thereof: which report is as follows:
Thatmen, including non-commissioned officers, will be requisite to garrison the forts necessary for the defence of the said State; whereupon your committee submit the following resolution:
That the State of New York be permitted to raise
men, including non-commissioned officers, for the purpose of garrisoning such posts within the said State, not possessed
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by the forces of the United States, as the said State judge proper; which troops, so to be raised by the State of New York, shall be discharged whenever the United States in Congress assembled shall so direct.
[Motion of Mr Ephraim Paine]
Whereas the State of New York has made application to the United States in Congress assembled setting forth that the said State deem it essentially necessary to raise troops to garrison the posts in the northern and western parts thereof and have requested the said United States to declare the number of troops which they may judge necessary for such garrisons.
Resolved, That in the judgement of Congress five hundred troops rank and file properly officered would be sufficient for the State of New York to keep up for the purpose of garrisoning the forts necessary for the defence thereof.1
[Note 1: 1 This motion, in the writing of Ephraim Paine, is in the Papers of the Continental Congress, No. 36, IV, folio 551.]
On the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it passed in the negative.
The motion of Mr. [James] Monroe as amended, being as follows:
That General Knox be instructed to order 350 men properly officered, of the troops now in the service of the United States, to march immediately to be in readiness to take possession of the western posts, as soon as evacuated by the troops of his Britannic Majesty, that 700 men, officers included, to serve for the term of three years, unless sooner discharged, be raised for the relief of those troops, the protection of the western frontiers, and for guarding the public stores; and that the several states furnish their quotas in the following proportions, viz.
That General Knox be instructed to make arrangements for the rendezvous of those troops, and report thereon to the committee of the states. That the States of New Hampshire and Massachusetts be exonerated by the United States from the extra pay of such of the soldiers of their respective lines, as may march to the western posts, from the time of their marching, until they shall be discharged; reserving to those states their claims to be exonerated from the residue of such extra pay, due from the 3 day of November last, to such of their troops as have been detained in the continental service from that time, (when the rest of the continental army was disbanded) until the said troops shall be respectively discharged.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [George] Partridge, to amend the paragraph, "That 700 men, &c." by inserting immediately before "700," the words "it is necessary that;" and by striking out the words
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"and that," after "stores," and in lieu thereof, inserting "by;" and then strike out the words "furnish their quotas:" And on the question to agree to this amendment, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question Was lost.
A motion was then made by Mr. [Hugh] Williamson, seconded by Mr. [Richard Dobbs] Spaight, to amend that paragraph, by inserting the words "be, and are hereby required to," immediately between the words "states" and "furnish."
A motion was made by Mr. [Francis] Dana, seconded by Mr. [Elbridge] Gerry, to postpone that amendment, in order to admit the following, viz. after "and that," to insert "it be recommended to;" and after "states," to insert "to:" And on the question to postpone for the purpose above
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mentioned, the yeas and nays being required by Mr. [Francis] Dana,
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So it passed in the negative.
The motion of Mr. [Hugh] Williamson was then withdrawn, and a motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Francis] Dana, to strike out the whole paragraph from "that 700 men," to "proportions," both inclusive: And on the question, shall that paragraph stand the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question was lost, and the paragraph was struck out.
[Motion of Mr. Elbridge Gerry.]
Whereas different opinions exist in Congress, respecting their authority to make requisitions on the several states for land forces in time of peace.
And whereas such a construction of the Confederation as will enable Congress to make requisitions for a small number of land forces for a short period of enlistment must admit an unlimited power in Congress to extend their requisitions both with respect to numbers and time of service, and must preclude the states from a right of deliberating, and leave them only an executive authority on the subject.
And whereas Congress being authorized to make foreign and domestic loans, and to issue bills of credit, if permitted to raise land forces as aforesaid in time of peace, will be furnished with such coercive means as must be very alarming to the several states, and especially to those
And whereas standing armies in time of peace, are inconsistent with the principles of republican Governments, dangerous to the liberties of a free people, and generally converted into detestable destructive engines for establishing despotism.
And whereas the United States being remote from nations that have peace establishments may avoid so grievous an expense by
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pursuing the plan of the Confederation the heavy expences thereof and by providing a small number of troops for garrisoning their posts and guarding their magazines and by being always in a state of defence on the plan of the Confederation, which provides that "ever, state shall always keep up a well regulated and disciplined militia sufficiently armed and accoutred, and shall provide and have constantly ready for use in public stores, a due number of field piece and tents, and a proper quantity of arms, ammunition and Camp equipage."
And whereas in a matter so doubtful as it respects the authority of Congress, and of such high importance to the Union, it is expedient that the Delegates should take the sense of their Constituents on the subject and it is the duty of Congress in the interim to suspend the exercise of such the powers until measures can be taken ascertain the same with greater precision and to limit them if necessary aforesaid for that purpose. It is therefore Resolved, That recommendations in lieu of requisitions shall be sent to the several state for raising the troops which may be immediately necessary for garrisoning the western posts, and guarding the magazines of the United States, unless Congress should think it expedient to employ the Continental troops now at West Point in the service aforesaid.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, II, folio 465. A marginal note says: "Mr. [Elbridge] Gerry, Mr. [Francis] Dana yeas and nays on postponing to introduce this motion."]
On motion of Mr. [John] Beatty, seconded by Mr. [Richard Dobbs] Spaight,
Resolved, That the further consideration of the subject be postponed; and that Congress take into consideration the report of the committee on the application from the State et New York.
Eodem Die, P.M.
Congress resumed the consideration of the motion of Mr [James] Monroe, as amended: And on the question to agree thereto, the yeas and nays being required by Mr. [Jacob] Read,
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So the question was lost.
A motion was then made by Mr. [Richard Dobbs] Spaight, seconded by Mr. [Jacob] Read,
That the commanding officer be directed to discharge the troops now in the service of the United States, except 25 privates to guard the stores at Fort Pitt, and 55 to guard the stores at West Point and other magazines, with a proportionate number of officers; no officer to remain in service above the rank of a captain, and those privates to be retained who are inlisted on the best terms: Provided Congress, before its recess, shall not take other measures respecting the disposition of those troops.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [George] Partridge, to amend the motion by inserting after "United States," the following words, "after the arrearages of their pay and rations from 3 November last shall be paid."
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On this the previous question was moved by the State of Maryland, seconded by the State of Virginia: And on the question to agree to the previous question, the yeas and nays being required by Mr. [Abiel] Foster,
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So the question was lost.
A motion was made by Mr. [Edward] Hand, seconded by Mr. [John Francis] Mercer, to postpone the amendment, in order to take up the following motion, to amend the main question, by adding,
That the arrearages of their pay and rations, after the 3d of November last, be settled in the same manner as the accounts of the troops lately discharged; and that the Superintendant of Finance take order for furnishing them one two months' pay:
And on the question to postpone for the purpose above-mentioned, the yeas and nays being required by Mr. [Abiel] Foster,
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So it was resolved in the affirmative.
It was then moved by Mr. [Roger] Sherman, seconded by Mr. [Francis] Dana, to amend the amendment, by adding, "and that it be recommended to the respective states to which the said troops belong, to pay them the remainder that shall be due to them from the 3d of November last, for which said states shall be credited on the requisition ofday of1
[Note 1: 1 This motion, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 36, IV, folio 561.]
And on the question to agree to the amendment on the amendment, the yeas and nays being required by Mr. [Thomas] Stone,
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So it passed in the negative.
On the question to agree to the amendment, the yeas and nays being required by Mr. [Abiel] Foster,
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So it was resolved in the affirmative.
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On the question to agree to the motion as amended, the yeas and nays being required by Mr. Ephraim Paine,
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So it was Resolved, That the commanding officer be, and he is hereby directed to discharge the troops now in the service of the United States, except 25 privates, to guard the stores at Fort Pitt, and 55 to guard the stores at West Point and other magazines, with a proportionate number of officers; no officer to remain in service above the rank of a captain, and those privates to be retained who were inlisted on the best terms: Provided Congress, before its recess, shall not take other measures respecting the disposition of those troops. That the arrearages of their pay and rations after the 3d of November last, be settled in the same manner as the accounts of the troops lately discharged; and that the Superintendant of Finance take order for furnishing them two months pay.
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The Committee of the week [Mr. James McHenry, Mr. Francis Dana and Mr. Jacob Read] having considered the memorial of Edward Hand, and the papers communicated therewith, late a Major General and formerly Colonel of the 1st Regt. of Foot in the Army of the United States find,
That he received by his Agent Mr James Milligan under a resolution of Congress of the 12th June, 1776, the sum of 9000 dollars to purchase an uniform for the Regiment as appears by Mr Milligan's letter dated 9th Aug. 1776.
That a quantity of clothing purchased with the said money was received and distributed to the regiment as appears by Mr Milligan's letter of the 22nd Augt 1776, and the Regimental Quarter Masters certificate.
That ten cases and ten bundles containing a large and general assortment of articles of clothing &c. purchased with money aforesaid, and intended for his said regiment, were about the latter end of October 1776 forwarded from Philadelphia to Fort Lee on the Hudson as appears by letters from Mr Milligan, & his clerk Mr James Heron dated October 29th and 31st 1776 and the invoice dated 30th. of said month.
That the said ten cases and ten bundles fell into the hands of the enemy as appears by a letter from Mr Heron dated 27 December 1776, one from Mr Milligan of the 24th June 1777 and a certificate of Clement Biddle Esq. who acted as Quarter Master General at the time said clothing was lost.
That the loss of the said clothing arose from accidents incident to war, which he could neither foresee nor guard against.
Whereupon, The Committee beg leave to report the following resolution.
Resolved, That the comptroller of the treasury pass to the credit of the 1st regiment commanded by Col the late Major General Hand the amount of the sums paid for the clothing so lost with the necessary expences incurred in purchasing and transporting the same and the necessary expences incurred in transporting and purchasing the same to be ascertained by the original invoices and documents.1
[Note 1: 1 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 19, III, folio 29. It was read this day, the indorsement states.]
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The Committee consisting of Mr. [William] Ellery, Mr. [Hugh] Williamson, and Mr. [Arthur] Lee, to whom was referred the petition of Zebulon Butler and others,
Submit the following report,
Resolved, That the institution of a court as ordered by a resolution of Congress of the 23d. of January last for determining the private right of soft within the territory westward of the River Delaware, between Zebulon Butler and others claiming under the State of Connecticut, and other persons claiming under the State of Pennsylvania, be and it is hereby postponed to the first Monday in November next, and referred to the United States then to be assembled in Congress at Trenton in the State of New Jersey, of which all persons concerned are to take notice and attend accordingly.
And whereas the said claimants under the State of Connecticut, by their petition to Congress, dated the first day of May, 1784, complain that they have been disturbed, and greatly injured in their persons and possessions, and have prayed Congress that they may be quieted in their possessions until there can be a fair trial of their private right of soil.
Resolved, That all persons who were actually possessed of lands or buildings within the said Territory before and at the time of rendering final judgement in the late controversy, between the States of Connecticut & Pennsylvania respecting the said territory when it was adjudged to be within the jurisdiction of the latter ought to be protected in a quiet and undisturbed enjoyment of their possessions, until a legal decision can be had on their right; and it is hereby recommended, to the Supreme Executive of the State of Pennsylvania to take order to quiet such persons accordingly.
Resolved, That a copy of these resolutions be transmitted by the Secretary to the Executives of the States of Connecticut and Pennsylvania, with a request that they take proper measures for notifying to the parties concerned the time to which the institution of a court for determining the private right of soil within the Territory aforesaid is postoponed.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 20, II, folio 175.]
Resolved, That it be and it is hereby recommended to the States of New York, New Jersey and Pennsylvania, forthwith to embody -- men to be furnished by those states in the following proportions,
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viz. to continue in service for the term of months unless sooner discharged subject to the orders of the United States in Congress or a Committee of the States, for the purpose of taking possession of the posts on the North-western frontier whenever they shall be evacuated by the troops [of his Britannic Majesty, their militia or such other men as they may have in service with a due proportion of officers.]1
[Note 1: 1 This report, in the writing of John Francis Mercer, except the words in brackets, which are in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II, folio 415. The indorsement gives it this date and states that it was referred to Mr. [Roger] Sherman, Mr. [Jacob] Read, Mr. [James] McHenry, Mr. [James] Monroe and Mr. [Samuel] Dick. Their report of June 3 states that the motion was made by [Jacob] Read. See post, June 3.]
The Committee consisting of Mr [Edward] Hand, Mr [Richard Dobbs] Spaight, and Mr [Jacob] Read, appointed to revise the files of reports, beg leave to report in part, That the reports on file No. 1 should be taken into consideration by the Committee of the States viz:
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That the Reports on File No. 2 be referred over for the consideration of Congress at their next Sitting, vizt.
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That the reports on File No. 3, require no consideration, subsequent acts of Congress, time, and other circumstances rendering it unnecessary to act on them, vizt.
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 23, folio 203. It is undated, but belongs to this period. See ante, May 17.]
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