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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, MARCH 5, 1779
A letter, of 23 July last, from B. Franklin and John Adams, two of the commissioners of the United States at Paris, was read.
A letter, of 4, from Major General Baron de Kalb; and two of 11 February, from J. Trumbull, governor of the
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State of Connecticut, one enclosing an act of the general assembly of the State of Connecticut, for raising the sum of 1,700,000 dollars for the year 1779, were read:1
[Note 1: 1 One letter from Trumbull is in the Papers of the Continental Congress, No. 66, II, folio 1.]
Ordered, That they be referred to the Board of Treasury.
A letter, of 2d, from the Board of War, was read: Whereupon,
War Office, 2nd March, 1779.
It is with much concern that the Board take up the attention of Congress with a repetition of former requests. But they cannot help again mentioning the subject of clothing, as they perceive that owing to no public purchases going on all the goods imported will get into the hands of private people, and the Army of course will either never benefit by them, or if they do it will be at an extravagant advance paid to private purchasers and Engrossers. The Board do not conceive it proper for them to purchase after what they have written to Congress, and as they are not Merchants, they feel the want of knowledge of the business; and besides are really abundantly employed in performing the common duties of their Department. Vessels are daily arriving with goods into the different Ports, and at every place there are private purchasers sufficiently enabled by their wealth to buy up all the arrivals. Among other Articles, there are seventeen hundred blankets which the public may have from a gentleman who has imported them. Linnens are and will be exceedingly wanted, and we fear the Soldiers will suffer unless they are immediately provided. We must therefore entreat Congress to excuse us if we press the necessity of appointing some purchasers to buy up the Articles wanted by the Army, and if the clothing Department is not arranged, we conceive the Commercial Committee, both from their public Station and their knowledge of Mercantile affairs, much the most proper to receive the directions of Congress on this subject. Should Congress be of this Opinion we beg Leave to Report.
That the Commercial Committee be and they are hereby authorized and directed to purchase, by themselves or their Agents, a sufficient number and quantity of Linnen for Shirts and overalls; blankets Hats, Shoes and hose for the use of the Army, and for this purpose a Warrant be granted and signed by the President in favor of the said Committee, they to be accountable, for the sum of
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That the said Committee deliver over all the Articles So purchased to the Board of War, or their order, to be distributed among the troops according to their necessities.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, III, folio 107.]
Resolved, That the Committee of Commerce be authorized and directed to provide such supplies and articles of cloathing for the use of the army, as the Board of War shall, from time to time, desire them to procure.
That five hundred thousand dollars be advanced to the Committee of Commerce on account.
A letter, of 25 February, from H. Pawling, major of Colonel Malcolm's regiment, was read, desiring leave to resign his commission:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, VII, folio 153.]
Resolved, That his resignation be accepted.
A letter, of 12 February, from J. Powell, president of the council of the State of Massachusetts bay, enclosing an application from the vice consul of France in that State, and the proceedings of council thereon, was read:
Ordered, That it be referred to the Marine Committee.
Another letter, of 10 February, from J. Powell, with sundry papers enclosed, was read:
Ordered, That so much thereof as relates to the army be referred to the Board of War, and so much as relates to marine affairs be referred to the Marine Committee.
A certificate from Count Pulaski relative to a horse killed in battle, belonging to Captain Segond, was read:3
[Note 3: 3 Powell's letter of the 10th is in the Papers of the Continental Congress, No. 65, I, folio 382; the Pulaski certificate, in No. 164, folio 44.]
Ordered, That it be referred to the Board of War.
A letter, of 12 February, from Brigadier Varnum, was read, desiring a dismission from the army:
Resolved, That the resignation of Brigadier Varnum be accepted.
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A letter, of 13 February, from J. Bradford, was read:
Ordered, That it be referred to the Committee of Commerce.
A letter, of 3d, from G. Morgan, with sundry papers enclosed, was read:
Ordered, That the same be referred to the Board of War.
A memorial from sundry officers commissioned by Congress in continental employ, respecting a proposed law of the State of Pensylvania, was read:1
[Note 1: 1 Varnum's letter is in the Papers of the Continental Congress, No. 78, XXIII, folio 161; that of Morgan is in No. 163, folio 325, and the memorial of officers in No. 41, IV, folio 51. The signers were; M. Hillegas, Timothy Pickering, Richard Peters, Francis Hopkinson, Thomas Smith, William Govett, James Milligan, R. Smith, Richard Bache, Peter Baynton, John Wharton, and James Read.]
Ordered, To lie on the table for the perusal of the members.
A letter, of 25 February, from Joseph Carleton, J. Nicholson, Cornelius Comegys and J. Colt, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of 9 February, from the Board of War, was read: Whereupon,
War Office, February 9th., 1779.
This Board having been appointed by Congress to superintend the civil Departments of the Army are frequently applied to for directions and advice, by the several Officers in these Departments, which they find themselves much at a loss to give. Among the great variety of complaints which the subjects of these States are constantly repeating none seems to have given more general dissatisfaction than the difficulties people labour under in obtaining payment of monies justly due them. Yet their demands being founded upon the delivery of Articles to Officers and persons not connected with, or acting under the orders of the heads of the several Departments, they of course refuse payment, as they say the constitutions of their Departments do not warrant their discharging the debts.
In the Clothier Generals Department cases frequently occur which he is not authorized to settle. Officers on detachment, being distressed
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for shoes, or other Articles, have procured them from the inhabitants, and given them orders on the Clothier General, or certificates entitling them to Payment. These they have in vain presented for payment. The Board have now an application from a Merchant, from whom General Smallwood the last winter received several thousand Pounds worth of cloathing. The Clothier General cannot pay it, because the regulations of his Department do not authorize him so to do. We advised an application to the Auditors of accounts. They will take no notice of it, because it does not appear how the clothing was distributed, which the party has not, nor can he have a power to shew. The Articles most undoubtedly came to the use of the Maryland troops, as appears from authentic certificates from General Smallwood, altho' the particular distribution does not appear.
In the Quarter Master Generals Department there are large and we believe just demands for Forage and other Articles, which being of an irregular nature and not purchased or taken by order of the Officers in the Department cannot be satisfied.
During our distress last winter for provisions great Quantities were taken, and in a Multitude of instances freely given to relieve the necessities of our Army. The people received certificates which after a tedious circuity of application are still unsatisfied. Many of the best whigs inhabiting the vicinity of the lines are in this situation, and of course much chagrin'd and dissatisfied.
In all these cases the public faith has been looked upon as pledged to the people for payment, and of course public credit has suffered. Nothing proves this more than the little value set upon the certificates, which have been sold for trifling considerations where persons could be found who had confidence enough in them to purchase. This temper of the people under these circumstances has produced extensively disagreeable effects, and among others that of a general aversion to give any credit to the Officers in the Departments, or, if at any time they are induced or obliged to do it, a sufficient advance is put on the price of the Article to indemnify the sellers for their delay and trouble in procuring payment.
On enquiry we find that it is not uncommon in European services for Officers at a distance from magazines or supplies to get the necessary Articles from the inhabitants, and give certificates thereof; the payment whereof is never disputed as to the person parting with his property. But the Commissary returns the transaction, together with the name of the Officer, either to the Commandant of the regiment
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or to the Commander in Chief, and if the Officer has behaved improperly, he is either obliged to refund the money, or is Cashiered, as the case may be. The States are presumed to appoint no Officers but such as are men of character and therefore the people place confidence in them, or rather the authority which appointed them. If the Officers misbehave, their superiors call them to account; but to save the public faith the individuals are always satisfied their demands.
We hope to be excused for our enlarging on this subject, which the necessity of the case has obliged us to do. And we beg the speedy decision of Congress as we are not only embarrassed with repeated applications, but actions are about being commenced against the Officers who have signed the certificates above mentioned.
We will take the liberty of recommending the following Resolve; but if it be thought improper Congress will be pleased to make some other regulation, as the matter really merits immediate attention.
Resolved, That the quarter master general, commissary general of purchases, and cloathier general, and such of their deputies as they shall appoint for that purpose, be, and they are hereby authorized and directed, to pay all certificates (of the authenticity whereof they are or shall be satisfied) for provisions, forage, cloathing, or other articles within the line of their respective departments, furnished by the inhabitants to the troops on detachments, or in cases of necessity, where supplies could not be obtained in a regular course; for which sums so to be paid, they shall be allowed for their trouble one half percent. and no more.1 The evidence of such supplies being furnished shall, so far as regards the party of whom received,2 be the certificates of the officers receiving them. But the officers in the said departments, the cloathiers excepted, paying the same, shall notify the officers who gave such certificates to render an account of the application of the articles so received, and the said officers are hereby directed to render such account accordingly: and
[Note 1: 1 This last phrase is inserted in the original report in the writing of John Jay.]
[Note 2: 2 From this point the entries are by George Bond, of the Secretary's office.]
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the said quarter master and commissary general, and their deputies, so paying the said certificates, are hereby authorized and empowered to examine and settle the said accounts. And whensoever any misconduct shall appear in any officer signing a certificate, the same shall be reported to the Commander in Chief, if the said officer be with the main army, and if not, to the commanding general or officer of the detachment of the army wherein such officer shall serve, that a tryal and examination be had by a court martial. And if there shall be any injustice done to the public, or the articles received by the officers were unnecessary, or did not come to the use of the troops, the officer found delinquent shall be obliged to refund to the United States the whole of the moneys paid on the certificate in pursuance hereof, or such part thereof as shall be adjudged reasonable, and be cashiered, or otherwise dealt with as a court martial shall determine.
The cloathier general, or his deputies, shall transmit to the commissioner appointed for settling the accounts of the arrearages of cloathing due to the soldiers in the army, copies of such certificates as shall be paid by him, that the officers signing the certificates may be called on by the said commissioner to render an account of the distribution of the articles, which shall be duly charged to the men who have received them. In case of misconduct of any officer signing a certificate, the like proceedings shall be had, on the application and report of the commissioner of cloathing, as are herein before directed.
No certificate given before this date shall be paid, unless the same be presented for payment within six months from this day; and no certificate hereafter given shall be paid, unless presented to the proper officer within three months after the date thereof.
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And whereas it will be necessary that in future certificates be more formally authenticated, to prevent many inconveniencies which may arise similar to those already experienced:
Resolved, That certificates hereafter given by commissioned officers, for articles received for the use of the army, be signed with their names at full length, and the rank they hold; and if under a general officer, that the regiment to which they belong be added:
That the particular articles received be inserted in the body of the certificate, their value, the time when, and place where received, in letters, not in figures:
That the certificates be directed to the principal of the department, whose duty it is to provide the articles so received, or his nearest deputy; separate certificates to be given whensoever the articles appertain to several departments:
That officers keep exact copies of the certificates they give, and transmit other copies to the nearest deputy or agent in the department, giving him the necessary information respecting the business:
That the deputies transmit copies of all the certificates they pay to their principals, that enquiry may be made whether the giving the certificates was necessary for the public service, and whether the things received have been properly applied:
The report on the above subject was sent to General Washington, and some alterations and additions being made by him, the report now sent is exactly conformable to his sentiments.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, III, folio 35.]
The committee to whom was referred the memorial of Brigadier General Thompson and other officers in the service of the United States, now prisoners of war on Long Island; and also a letter from the president of the
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council of the state of Massachusetts bay, with sundry papers enclosed respecting prisoners of war on the said island, brought in a report; whereupon, Congress came to the following resolutions:
Whereas, Congress have on all occasions manifested an earnest desire to alleviate the calamities of war, and more especially to relieve the distresses of those brave and virtuous men, who with inflexible fortitude have sustained the rigours of a long captivity; but all overtures have from a variety of obstacles hitherto proved ineffectual:
Resolved, therefore, That General Washington, commander in chief of the armies of the United States, be, and he hereby is fully authorized and empowered, at his discretion, to negotiate and establish with the commander in chief of his Britannic majesty's forces, a cartel or agreement for a general exchange of prisoners, comprehending the convention troops, or a more partial agreement for any particular or definite number of prisoners; and to fix and conclude upon the terms and conditions of the said exchange, ascertaining and allowing an equivalent of inferior for superior officers, and an equivalent of privates for officers, according to such proportion as has been customary or shall appear to him to be just and equitable; and to appoint commissioners and the time and place of their meeting, to treat and confer with the commissioners to be authorized by the commander in chief of the British forces, on the form and manner of such exchange; and it is hereby declared, that the acts and stipulations of the said commissioners, being notified and confirmed by the respective commanders in chief aforesaid, shall be final and conclusive.1
[Note 1: 1 This report, in the writing of James Duane. is in the Papers of the Continental Congress, No. 28, folio 39.]
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