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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 --SATURDAY, JANUARY 2, 1779
Mr. [William] Floyd, a delegate from New York, attended and took his seat in Congress.
A letter, of 22 September last, from Governor Caswell, of North Carolina, by Colonel Chariol, was read.
A memorial of James Elliot was read:
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Ordered, That it be referred to the Committee of Commerce.
A memorial of Colonel [Francis] Malmedie was read:1
[Note 1: 1 Caswell's letter is in the Papers of the Continental Congress, No. 72, folio 67; the memorial of Elliot is in No. 41, III, folio 25; and that of Malmedy is in No. 41,VI, folio 87.]
Ordered, That it be referred to the Board of War.
A petition of John Donnell was read:
Ordered, That it be referred to a committee of three:
The members chosen: Mr. [Daniel] Roberdeau, Mr. [Jesse] Root, and Mr. [John] Fell.
A Report from the Board of Treasury was read; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Colonel John Beatty, commissary general of prisoners, for ten thousand dollars for the use of his department, for which he is to be accountable.
Ordered, That a warrant issue on the treasurer, in favour of the honble Governeur Morris Esq., for sixteen hundred dollars, for the use of the committee to prepare a publication, &c. for which the said committee is to be accountable.
That a warrant issue on the treasurer, in favour of the honble Governeur Morris Esq. one of the delegates of the State of New York, for two thousand dollars advanced upon his application, for which the said State is to be accountable.
Ordered, That the remainder of the report respecting a draught on Monsr. Holker be recommitted.
A letter, of 21 August, from Hon. A. Lee, at Paris, was read.2
[Note 2: 2 This letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), II, 691.]
The committee, to whom was referred the memorial of Messrs. Penet and Couloux, respecting a manufacture of fire arms, &c, report,
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"That the said Messrs. Penet and Couloux propose to establish a manufactory for making fire arms, side arms, &c. of all kinds, in some convenient place in some one of the United States, if they can have proper encouragement from Congress:
"They are willing to contract to make and deliver 100,000 muskets with bayonets of the best kind, compleatly finished, at the price of 26½ livres a piece, to be paid in specie or other currency equivalent. That they will deliver 20,000 of the said arms by the expiration of two years and an half, and the residue within the term of six or seven years from the time of contracting: or if the whole number of muskets are not wanted, they will agree to make any other kind of fire arms or side arms, in lieu thereof, they to find all materials and be at the whole expence of making the arms:"
The committee further report,
"That in their opinion it will be beneficial to these states to have such a manufactory established, and that the terms proposed are reasonable." Whereupon,
Resolved, That the Board of War be authorized to contract with Messrs. Penet and Couloux for a suitable number of muskets, with bayonets of a proper size, and other arms, to be manufactured in these states, agreeable to the foregoing proposal.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, V, folio 73.]
The delegates of Massachusetts bay produced credentials of their appointment which were read, as follows:
State of Massachusetts bay.
In the House of Representatives, Octr. 15, 1778.
Whereas the Honble. John Hancock, Samuel Adams, Elbridge Gerry, Fra: Dana, Jas. Lovell, Samuel Holten and Timo. Edwards, Esquires, are chosen and appointed to represent this State in the
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American Congress for one Year, to commence on the first day of January next ensuing,
Resolved, That the above named Gentlemen, or any three of them, be and they are hereby fully empowered with the Delegates who are or may be appointed from the other American States to concert, direct and order such further measures, as shall to them appear best calculated for the establishment of Right and Liberty to the American States, upon a Basis permanent and secure, against the power and Art of the British Administration, for prosecuting the present War, concluding peace, contracting Alliances, establishing Commerce, and guarding against any future encroachments and Machinations of their Enemies, with power to adjourn to such times and places, as shall appear most conducive to the public safety and advantage.
And the Secretary is hereby directed as soon as may be to signify to each of those gentlemen their appointment, by furnishing each with an attested copy of this Resolve,
Sent up for concurrence.
Jno. Pickering, Speaker.
In Council, Octr 15, 1778.
Read and concurred.
Jno. Avery, Deputy Secy.
Consented to by the major Part of the Council.
True Copy.
Attest John Avery, Dy Secy1
[Note 1: 1 The original is in the Papers of the Continental Congress, Massachusetts, Credentials of Delegates.]
The order of the day being called for:
The determination of the question for re-considering the 9th proposition, which was yesterday postponed at the request of a State, was called for, on which the yeas and nays being required by Mr. [Thomas] Burke,
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So it passed in the negative.
A report from the Board of Treasury was read; Whereupon,
Treasury Office, January 2, 1779.
The Committee on the Treasury, having taken into consideration the memorial of Francis Hopkinson Esqr., Treasurer of Loans, and of B. P. Smith, Thomas Eddison and George Bond Assistants in the Secretary's Office, beg leave to Report:
That during the continuance of the high prices of the necessaries of life, the Salary of the Treasurer of Loans be increased to three thousand, five hundred dollars per annum.1
[Note 1: 1 The original report fixed the sum at four thousand dollars.]
That the Clerks of the Treasury, Marine Committee, Board of War and Secretary's Office be allowed each Six dollars pr. Postponed--Agd--20 March.-- day, and to draw annually the same Articles of Clothing from the Cloathier General, paying on delivery thereof the same prices as shall be stipulated for regimental officers.
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The Committee beg leave to report the following Resolution:
That agreeable to an application of the Board of War and Ordnance, a Warrant issue in favor of their Paymaster, Joseph Postponed--Agreed 4th Feby, 1779. Carleton on the Treasurer, for Fifty Thousand Dollars for contingent expenses; the said Paymaster to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, III, folio 1. It is endorsed: "First part agreed to. Two last paragraphs postponed, January 2."]
Resolved, That the farther consideration of the report be postponed.
The Board of Treasury brought in a draught of a preamble for the resolutions agreed to, which was read and agreed to, and sundry verbal amendments being made in the resolutions, the whole is as follows:2
[Note 2: 2 In the printed Journals this paragraph read as follows:
"The Board of Treasury having, pursuant to orders, selected from the journals the resolutions respecting the calling in certain emissions, and providing a fund for sinking the bills of credit emitted by Congress, and prepared a preamble thereto, reported the same, and sundry verbal amendments being made in the resolutions, the whole was agreed to as follows:"]
Whereas, these United States, unprovided with revenues, and not heretofore in a condition to raise them, have, in the course of the present war, repeatedly been under the necessity of emitting bills of credit, for the redemption of which the faith of these United States has been solemnly pledged, and the credit of which their honor and safety, as well as justice, is highly concerned to support and establish; and, whereas, to that end, it is essentially necessary to ascertain the periods of their redemption, and seasonably to establish funds which, in due time, without distressing the people, shall make adequate provision for the same: and whereas, in apportioning the payments for the said fund, it is expedient that an extra sum be called for the current year, both on account of the present ease of paying it, and to reduce the surplus in circulation; therefore,
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Resolved, That these United States be called on to pay in their respective quotas of 15,000,000 of dollars for the year 1779, and of 6,000,000 of dollars annually for 18 years, from and after the year 1779, as a fund for sinking the emissions and loans of these United States, to the 31 day of December, 1778, inclusive:1
[Note 1: 1 In the Papers of the Continental Congress, No. 36, III, folio 511, is an undated motion, in the writing of Oliver Ellsworth, to this effect:
"That to preserve the faith of these United States, and establish the credit of their paper currency, they be called on to pay in, as a sinking fund, for their Emissions and Loans antecedent to the year 1780, their respective quotas of 15,000,000 dollars in the year 1779, of 13,000,000 Dollars in the year 1780, of 11,000,000 Dollars in the year 1781, of 9,000,000 Dollars in the year 1782, and of 7,000,000 dollars annually from and after the year 1782, until the expiration of 16 years."]
That if the continuance and circumstances of the war shall make any further emissions necessary the year ensuing, they shall be sunk in the manner and within the period aforesaid:
That any of the bills emitted by order of Congress, prior to the year 1780, and no others, be received in payment of the said quotas:
That the bills received on the said quotas, except those for the year 1779, be applied first for the payment of the interest, and secondly, of the principal of loans made by these United States prior to the year 1780, and that the residue, together with those received on the quotas of the year 1779, be not re-issued but burned and destroyed, as Congress shall direct.
And, whereas, many counterfeits have appeared in circulation, of various denominations, of the emissions of May 20, 1777, and April 11, 1778, and counterfeits of those emissions have lately been issued by our enemies at New York, and are found to be spreading and increasing fast in various parts of these United States, whereby individuals are defrauded, prices enhanced, and the credit of the paper currency greatly injured; and it is
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become necessary for the security of individuals and safety of the public, that those two emissions should cease to be a circulating medium, and should be called in and exchanged, or otherwise provided for, as soon as may be, with convenience to the present holders; therefore,
Resolved, That the following bills be taken out of circulation, namely, the whole emissions of May 20, 1777, and April 11, 1778:
That they be brought in for that purpose in the manner hereafter provided, by the first day of June next, and not afterwards redeemable:
That they be received for debts and taxes into the continental treasury, and into the state treasuries for continental taxes, until the first day of June next:
That they be received, until the first day of June next, into the continental loan offices, either on loan or to be exchanged, at the election of the owners, for other bills of like tenor, to be provided for that purpose:
That the bills lodged in the said offices to be so exchanged, be there registered, and indented certificates thereof given to the owners by the respective commissioners of the said offices:
That the commissioners of the loan offices make returns to the Treasury Board immediately after the first day of June next, of the amount of the bills received in their respective offices to be exchanged as aforesaid, and that proper bills to exchange the same be furnished, and ready to be delivered out at their said offices, within sixty days from and after the said first day of June.
That the first mentioned bills, as they are brought into the treasuries and loan offices, be immediately crossed and struck through with a circular punch, of one inch diameter, to be afterwards examined and burned, as Congress shall direct.
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A motion was made, the whole resolutions as above agreed to be published, on which the yeas and nays being required, by Mr. M[eriwether] Smith
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So it was resolved in the affirmative.
Ordered, That the Board of Treasury prepare a circular letter to the states, to accompany the foregoing resolutions.
The committee to whom was referred the letter from A. Clark, respecting the conduct of Brigadier Maxwell, brought in a report.
The Committee to whom were referred the letter from Abraham Clark, Esqr., and the depositions enclosed therein, beg leave to Report: That it appears to your Committee that Brigadier General Maxwell is charged on Oath with Misdemeanors, which amount to a high contempt of the Civil Authority of the State of New Jersey, but that the testimony is ex parte.
That the trial should be by the powers declared competent by the Laws of New Jersey, where the Offence is supposed to be committed.
Wherefore your Committee are of opinion, that General Washington be directed to order another Officer to the Command on which
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General Maxwell now is, and to order General Maxwell to remain in the State of New Jersey, without any particular Command, until the further order of Congress, and that General Washington give notice thereof to the Governor of the said State.
Your Committee are of opinion that it would be premature to take any other resolution relative to General Maxwell, until the issue of a legal trial by his country shall be known.1
[Note 1: 1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress, No. 19, IV, folio 1. It is endorsed: "January 30. Postponed to Monday, February 1." It is printed in Pennsylvania Archives, VII, 138.]
The committee, to whom was referred the Memorial of Lieutenant Colonel Eleazer Oswald praying for leave to resign his Commission, having according to order conferred with Colonel Oswald thereon, beg leave to submit the following Resolution,
Resolved, That Lieutenant Colonel Oswald's Resignation be accepted agreeable to the prayer of his Memorial; and that the Congress entertain a high sense of his merit and services.2
[Note 2: 2 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, IV, folio 491.]
Adjourned to 10 o'Clock on Monday.
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