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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 --THURSDAY, MAY 13, 1779
The Committee on the Treasury brought in a report; Whereupon,
Resolved, That a copy of the letter of September 22, 1778, from Messrs. Franklin, Lee and Adams, late commissioners
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of the United States, together with a copy of the memorial from Jonathan Loring Austin, be transmitted to the honourable council of the State of Massachusetts bay, who are requested to make a proper allowance to Mr. Austin, for his time and expences in carrying to France the account of the surrender of General Burgoyne's army at Saratoga, and to transmit an account thereof to the Board of Treasury, with information of the mode in which they desire a reimbursement of the said allowance.1
[Note 1: 1 These two paragraphs formed a report of the committee, dated May 12, in thePapers of the Continental Congress, No. 136, III, folio 309.]
Ordered, That Joseph Carleton, Esq., paymaster to the Board of War and Ordnance transmit to William Palfrey, Esq. paymaster general the five hundred thousand dollars, ordered the 27 April last to be sent to Thomas Reed, assistant paymaster at Albany.2
[Note 2: 2 This report, dated May 8, is in thePapers of the Continental Congress, No. 136, III, folio 303.]
Ordered, That a warrant issue on the treasurer, in favour of Robert Wilson, for sixteen hundred and thirty seven dollars and 45/90ths, being the amount of an account reported by the commissioners of accounts at Albany, to be due to Patrick Smith for forage and other necessaries taken by order of Major General Schuyler for the public service and endorsed to the said Wilson.1
That a warrant issue on the treasurer in favour of Mr. W[illiam] Floyd, delegate from the State of New York, on his application, for two thousand dollars, the said State to be accountable.
That a warrant issue on the treasurer, in favour of Philip Audibert, for two thousand five hundred dollars, to answer a draught on the President of Congress in his favour, of 3d instant, drawn by William Palfrey, Esq. paymaster general and expressed to be for value received for the use of the
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forces of the United States of America, the said paymaster general to be accountable.1
[Note 1: 1 This report, dated May 11, is in thePapers of the Continental Congress, No. 136, III, folio 307. It also contained the nominations of Round and Comegys to be signers of bills of credit.]
The commissioners report,
That there is due to the officers and privates of Colonel Lewis Nicola's invalid regiment, their pay and subsistance for the month of March last, two thousand three hundred dollars and 4/90ths.
That there is due to Robert Patton, his pay as messenger to Congress, from the 1st January to the 7th instant, inclusive, five hundred and eight dollars.
That there is due to the Rev. Lewis Lotbinier his pay and subsistance as chaplain to Colonel James Livingston's regiment, from 11 April, to 10th instant, inclusive, sixty dollars.
That there is due to William Trickett for stationary for the use of the Secretary's office, two hundred and fifty two dollars and 42/90ths.2
[Note 2: 2 This report, dated May 10, is in thePapers of the Continental Congress, No. 136, III, folio 305]
Ordered, That the said accounts be paid.
The Board of War, to whom was referred the application of Mons. Compty, report,
"That Mons. Compty's authority from the Marquis de Brétigny, is 'to inlist for such a space of time as the French volunteers shall be kept up and no longer, any number of effective Frenchmen:' that it appears the corps to be commanded by the Marquis is merely temporary: that the expence of inlisting, equipping, and supporting the small number of Frenchmen that can be obtained here, and who must be sent to a considerable distance, will be great: that if the men should be inlisted for a length of time, Congress may be embarrassed after the dissolution of the temporary corps, which may happen on or before the arrival of the
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inlisted men at Carolina, either with applications for increasing the small number of inlisted men to a regiment, or in what manner to dispose of them:" Whereupon,
Resolved, That considering the circumstances and distant situation of the corps, it is inexpedient to comply with Mens. Compty's request.1
[Note 1: 1 This report, dated April 29 (present, Pickering and Peters), is in thePapers of the Continental Congress, No. 147, III, folio 291.]
The Board of War, to whom was referred the petition of Captain John Baptist Allen, report,
That they have carefully examined the same, together with the papers therein referred to, and are of opinion, that the petition of John Baptist Allen, who, being a captain in Colonel J. Livingston's regiment, was cashiered by sentence of a general court martial, and now prays to be reinstated in his post, be dismissed, as there are no sufficient reasons for the interference of Congress in the case:2
[Note 2: 2 This report, dated April 29 (present, Pickering and Peters), is in thePapers of the Continental Congress, No. 147, III, folio 249. Many papers relating to the case are on the subsequent folios.]
Resolved, That Congress agree to the said report.
The Board of War, to whom was referred a letter of William McKissack, with a pay roll enclosed, report, "that they deem themselves incompetent to the settlement of it;" Whereupon,
Resolved, That the same be referred to the Board of Treasury, to take such order thereon as they shall judge necessary.3
[Note 3: 3 This report, dated February 26, is in thePapers of the Continental Congress, No. 147, III, folio 79.]
Resolved, That the report of the Board of War on the letter from Lieutenant Colonel Knoblauch be referred to the committee on the letter from said Lieutenant Colonel Knoblauch.
The Board of War having reported as their opinion, That a sum of money be paid to Mons. de Guijon to enable him to prosecute his voyage to France,
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At a Board of War,April 22nd, 1779.
Monsr De Guijon, a Lieutenant of Dragoons in the service of France, was sent from York Town with General McIntosh to be employed as he thought proper. He acted as a Lieutenant in a Regiment at Fort Pitt. General McIntosh represents his conduct in a favorable point of view. He now applies for farther employment; but on being told he cannot have it, he agrees to return to France, if furnished with some means to get there. The Board being of opinion that it is better to grant him a sum of money to enable him to embark than to retain him here at expence of the United States, beg leave to report:
That the sum ofdollars be paid to Monsr De Guijon to enable him to prosecute his voyage to France, it being impracticable to employ him in the service of these States consistent with the present arrangement of the Army.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, III, folio 221.]
On the question to agree to the report,
Passed in the negative.
A letter from Major [John Skey] Eustace was read:
Ordered, To lie on the table.
A letter, of April 23, from W. Finnie, deputy Q. M. G., was read:2
[Note 2: 2 The Eustace letter is in thePapers of the Continental Congress, No. 78, VIII, folio 323; that of Finnie, in No. 78, IX, folio 253.]
Ordered, That it be referred to the Board of War.
On the recommendation of the Board of Treasury,
Resolved, That Hampton Round and Cornelius Comegys be appointed signers of bills of credit of the United States.3
[Note 3: 3 See note on p. 583,ante.]
The Board of War report,
"That they have taken into consideration the reference from Congress relative to the promotion of Brigadier Moultrie,4 and are of opinion, that it would be inexpedient to promote Brigadier Moultrie, unless a more general promotion
[Note 4: 4 The original report continued: "and the proposed appointment of two Major Generals, are of opinion, that as the State of South Carolina hath a Major General and two Brigadiers appointed from the officers of their troops, that number of general officers is sufficient for the number of their forces" &c.]
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took place, as some other states think themselves entitled to a promotion of their general officers; but as it may excite uneasiness and difficulties unless a continental officer commands the army in the southern district, it will be best to make a special appointment of Brigadier Moultrie, to be commandant of the southern army;" Whereupon,
Resolved, That Brigadier General Moultrie be commander, in the absence of Major General Lincoln, of the southern army, during its continuance to the southward of North Carolina, with the allowance of major general on a separate command, until the further order of Congress.1
[Note 1: 1 This report, dated April 23 (present, Pickering, Spencer, and Peters), is in thePapers of the Continental Congress, No. 147, III, folio 235. The last paragraph was "reconsidered" and "agreed."]
Resolved, That to morrow immediately after reading the journal, Congress proceed in the consideration of the report of the Board of Treasury relative to finance.
That Saturday next be assigned for the appointment of a cloathier general.
Congress proceeded to the consideration of the report of the committee on the communications of the Minister, &c.
The subject resumed, and on motion of Mr. [Meriwether] Smith, seconded by Mr. [Roger] Sherman,
Resolved, That the words "can be obtained" be struck out; and in their room the word "is" inserted; and that the word "consistently" be changed into "consistent."
The substitute being amended to read, "that an equal share of the fisheries with Great Britain, as far as the same is consistent with the treaty of Paris between France and the United States, be required and insisted on, but that if," &c. to the end.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Richard Henry] Lee, to amend the first part as far as the words "insisted on," by substituting in lieu thereof the words following:
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"That a common right with Great Britain to the fisheries "on the coasts and banks of North America be "required and insisted on, preserving inviolate the treaty "of Paris between France and these United States."
To which it was moved by Mr. [James] Duane, seconded by Mr. [William Henry] Drayton, to add, "provided "our allies can be prevailed on to prosecute the "war; but in no event shall the right or claim of these "states to the said fisheries be yielded up or impaired."
A question being taken, Is this addition in order,
Resolved in the affirmative.
An amendment to the proviso was moved by Mr. Dickinson, seconded by Mr. [John] Penn, instead of the words "can be prevailed on to prosecute the war," to insert, "shall be in circumstances to prosecute the war "with effect."
A question being taken, Is this amendment in order,
Resolved in the affirmative.
On the question to agree to the amendment, the yeas and nays being required by Mr. [William Henry] Drayton,
{table}
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So it passed in the negative.1
[Note 1: 1 These proceedings were entered only in the manuscript Secret Journal, Foreign Affairs.]
After some time spent thereon:
Adjourned to 10 oClock to Morrow.
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