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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 27, 1779
A letter, of 25, and a memorial, of this day, from the honble Sr Gérard, minister plenipotentiary, were read.1
[Note 1: 1 This letter is printed in theDiplomatic Correspondence of the American Revolution (Wharton), III, 185.]
War Office,May 27, 1779.
Application having lately been made to this Board by the Revd. Mr., brigade Chaplain to the light Dragoons, for his pay, the Board were struck with the obvious inutility of such an Officer: because from the almost constantly detached situation of those Corps it is very probable he may be able to perform divine service among them scarcely once a year: The Board therefore beg leave to report:
The Corps of Light Dragoons being generally detached from each other, which renders it impracticable for their brigade Chaplain to perform the duties of his office,
Resolved, That such a Chaplain is not necessary; and that the present brigade Chaplain to the light Dragoons be therefore discharged from the service.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 147, III, folio 353. It is endorsed: "Passed, August 23, 1781."]
War Office,May 27, 1779.
The Board having considered the petition of Mr Mercer, Aid de Camp to Major General Lee, for the Commission of Major, beg leave to observe:
That in 1778 he was appointed from the line an Aid as aforesaid: that by the establishment of the Army made the 27th of May, 1778, it is resolved: That Aids de Camp before that time appointed from the line should hold the rank they then held, and be admissible into the line again in the same rank they held when taken from the line: That from the information of Colonel Herb, of the 3d Virginia Regiment, to which Mr Mercer does or did belong, it appears he was last
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summer, by his own consent, arranged as a Captain in said regiment, to the exclusion of several other Captains of Merit, either of whom would gladly have served; and his name now stands in the arrangement of the Captain of that Regiment. That if Mr Mercer is still in the service, and was appointed an Aid de Camp to General Lee before the 27th of May, 1778, he now holds the brevet rank of Major: That the Board take the Object of his present application to be, the obtaining a full Commission of Major without being attached to any particular Corps: That the giving him such a Commission, especially if he is not now in the service, with a view, (which the Board conceive to be his meaning) to entitle him to occasional command, would be universally disgusting, and not submitted to by any Officer in the line. That it appears in divers resolves, to have been the intention of Congress to grant such Commissions, or brevets, only in cases of very distinguished merit: That the Board tho' they have a good opinion of Mr Mercer's military talents, are not informed of such distinguished merit on his case; and therefore beg Leave to report:
That the petition of Mr Mercer, Aid de Camp to Major General Lee, requesting a Commission of Major in the line, be dismissed.
The consideration of this case led to an examination of the Resolutions of Congress on the subject; and this examination has suggested to the Board the expediency of making some provision to prevent Staff appointments of officers from the line, from rendering their Offices mere Sinecures; tho' we do not hereby advert to any particular instance or person; and therefore we beg leave to report:
That any Officer who shall resign a Commission which he has in any regiment or Corps, and who at that time also enjoys a rank in the Army Superior to his said regimental Commission, shall not be considered as entitled to any rank whatever in the Army, unless Congress shall expressly otherwise order.
That no Officer having a rank in the Army Superior to that of the Commission he bears in any regiment or Corps, shall be exempted from attendance at Camp, or quarters and doing regimental duty according to his rank in the Corps to which he belongs; unless appointed and acting as an Officer on the Staff.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, III, folio 355.]
According to order, Congress proceeded to the consideration of the report of the committee on the communications from the Minister plenipotentiary of France, &c. and some time being spent thereon,
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Congress resumed the consideration of the subject under debate on the 12th and 13th instant; and after debating the substitute, as amended on the 13th, it was agreed by unanimous consent, That all substitutes and amendments to the third article, agreed to the 22d of March last, be withdrawn.
On motion of Mr. [Meriwether] Smith, seconded by Mr. [Henry] Laurens,
Resolved, That the said third article be repealed.
On motion of Mr. [Thomas] Burke, seconded by Mr. [William Henry] Drayton,
Resolved, That in no case, by any treaty of peace, the common right of fishery be given up.1
[Note 1: 1 These proceedings were entered only in the Manuscript Secret Journal, Foreign Affairs.]
Adjourned to 10 oClock to Morrow.
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