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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 --MONDAY, MARCH 8, 1779
A letter, of 3, from General Washington was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, VII, folio 145.]
Ordered, That it be referred to the Board of War.
A letter, of 6, from the Board of War, was read: Whereupon,
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War Office, 6th March, 1779.
The Board have been honored with the directions of Congress to report a plan for issuing Military Commissions. The constitution of the Board directs that they shall "fill up all Military Commissions which shall be signed by the President of Congress, and countersigned by the Secretary of the War Office, who shall publish annually a register of all appointments." We are therefore at a loss to know what further regulation is necessary, the Mode pointed out having been pursued heretofore; unless it is deemed requisite to have a stricter examination, and several checks to prevent inadvertencies and mistakes in issuing them, and to authenticate the Commissions so as to render counterfeiting difficult and easily detected.
On considering some instances of forgeries of Commissions, whereby one person (a serjeant in the Army) in particular imposed upon the Commissaries and Quarter Masters with a forged Commission as a Lieutenant, having lived for a long time at several posts where he drew rations, and on pretence of being on command, got possession of Continental horses, and not knowing how many other frauds might in this way be practiced which had not fallen under the notice of the public or the Board, it was thought best some time ago that all Commissions should be Verbatim recorded in a book kept at the War Office, and the entry thereof should be certified under the hand of the Secretary. The farther to authenticate this entry and to render counterfeiting more difficult, it was agreed that the Board should get a Seal of Office which should be affixed to the attestations of the Commissions, and to all the public Acts of the Board, such as warrants granted in the Ordnance Department, &c, as it was thought that it was possible by a forged Warrant to get possession of stores of a considerable value before the fraud could be detected. It was proposed before getting the Seal to ask the permission of Congress; but some of their Members, then acting with the Board, thought it would be unnecessarily taking up the time of Congress, then employed in more important business. On examining the Commissions granted by several European powers none of them (except to General Officers) are granted under the Seal of the State, but are generally certified to have been entered in their Office for the War Department, countersigned by the Secretary or Minister of War, and most generally under the private Seal at Arms of such Minister. These reasons inducing the Board, a Seal was procured and put to the certificates of the entries of a few Commissions, but the use of it has been discontinued on our
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being informed that Congress were not satisfied of the propriety of it. As our views may be misunderstood we have troubled Congress with this explanation of them. We have drawn the following report which we beg leave to submit to Congress, and have taken the liberty from a real conviction of its use, to propose that Congress would authorize the Board to affix a seal to render the imitating Commissions the more difficult, unless they are satisfied that it is unnecessary. We wait for the directions of Congress on this head, as we have great numbers of Commissions now ready to present for signing.
Resolved, That all military commissions be filled up at the war office, and attested by their secretary, and then presented for signing to the President of Congress, who shall sign the same: after signature by the President, they shall be sent back to the war office, and there registered verbatim in a book to be kept for that purpose: after having been examined by the Board, the seal of the Board of War and Ordnance, which the said Board are hereby authorized and directed to provide, shall be affixed to the certificates or attestations of the entries of all such commissions.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, III, folio 113.]
Resolved, That all appointments of officers in the continental service by the respective states, be, in the first instance, by warrant, certified in such manner as they shall severally direct, to the Board of War, whereupon proper commissions shall be made out in the manner abovementioned.
The Board of War, to whom were referred the memorials of Messrs. James Elliot and Thomas M'Intire, report,
"That it appears Mr. Elliot received a commission or appointment in February last, from Captain James Willing and Mr. Oliver Pollock, continental agent at New Orleans, to act as lieutenant of engineers; and that Mr. M'Intire, being an ensign returned from captivity, but having no vacancy in his regiment in which to serve,
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went from York town with Captain Willing in the character of his lieutenant, in which capacity he acted with much reputation, and acquired a considerable property for the United States by captures from the enemy: that it appears Mr. Elliot behaved irreproachably, and raised a number of men for the service; that whatever might be the authority of Captain Willing or Mr. Pollock to make these appointments, the gentlemen acted under presumption that their appointments were valid:" Whereupon,
Resolved, That Mr. James Elliot, late of New Orleans, be appointed a captain in the army of the United States:
That he receive the pay of a lieutenant from the 27 day of FeBruary, 1778, to the time of his present appointment:
That Mr. Thomas M'Intire, in consideration of his merit and services, be promoted to the rank of captain in the army of the United States:
That he receive the pay of lieutenant from the 30th day of December, 1777, to the time of his present appointment:
That Captain Elliot and Captain M'Intire be ordered to the western department, to be employed there as the commanding officer of the department shall think proper.1
[Note 1: 1 A memorial of M'Intyre, dated January 23, 1779, to the Board of War, is in the Papers of the Continental Congress, No. 41, VI, folio 101. The report of the Board of War, dated February 1 (Pickering and Peters, present), is in No. 147, III, folio 25.]
The delegates for Pensylvania laid before Congress a letter, of the 4th, to them, from the speaker of the general assembly of that State, which was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 69, I, folio 639.]
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [George] Plater, Mr. [Eliphalet] Dyer, [and] Mr. [Thomas] Nelson.
A letter, of 6, from General Washington, was read:3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 152, VII, folio 157.]
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The committee to whom was referred the letter of Admiral Gambler brought in a report, which was taken into consideration, and after debate,
Ordered, That it be re-committed.
Ordered, That to morrow at 12 o Clock, Congress take into consideration the report of the Committee of Conference, relative to recruiting the army.
Adjourned to 10 o Clock to Morrow.
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