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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, OCTOBER 9, 1779
A letter, of 2, from General Washington, was read, enclosing an extract of a letter from General Gates, of 24 September:1 Whereupon,
[Note 1: 1 Washington's letter is in the Papers of the Continental Congress, No. 152, VIII, folio 67; that of Gates, is on folio 71.]
Resolved, That General Washington be informed, in answer to his letter, of the 2 inst. that the subsistence money granted by the act of the 18th August, extends only to the officers and privates of the continental army; and that the militia who are or may be called out are only to receive the subsistence granted previous to the act aforesaid.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Charles Stewart, Esq. commissary general of issues, for two hundred and ninety eight thousand eight hundred dollars, for the pay of the several issuing commissaries and clerks, from the first day of February to the first of November last; and for which the said commissary general of issues is to be accountable.
That a warrant issue on the treasurer, in favour of Robert Troup, Esq. secretary to the Board of Treasury, on his application, for three thousand dollars; for which he is to be accountable.
That a warrant issue on the treasurer, in favour of Joseph Nourse, Esq. assistant auditor general, on his application, for three thousand dollars; and for which he is to be account able.
That a warrant issue on the treasurer, in favour of Joseph Carleton, Esq. pay master to the Board of War and Ordnance,
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on his application, for three thousand dollars; and for which he is to be accountable.1
[Note 1: 1 This report, dated October 8, is in the Papers of the Continental Congress, No. 136, III, folio 711. It also contained the paragraph on Thomas Bradford, which was postponed and agreed to November 15, p. 1268, post.]
On motion of the committee on the letters from General Washington and J. Wadsworth, commissary general of purchases;
Resolved, That the president of Delaware, and the governors of Maryland and South Carolina respectively be, and they are hereby, requested and authorized to draw on the several treasurers in those states, for such sums of money as shall be found necessary for paying the amount of purchases of flour and rice which shall be made under the direction of a committee of the delegates of the said states, in pursuance of a resolution of Congress of the 8th instant, such sums to be drawn from the money arising from taxes raised and to be raised and paid into the several treasuries of the said states, on the 1st January, 1780, transmitting to Congress, as early as possible, an account of the sums so drawn from the treasurers.
The committee to whom was referred a memorial of Timothy Taylor and John Thomson, report:
That they have examined the papers referred to them, and find sufficient vouchers to prove that there was taken by Colonel Stewart, by order of General Washington, from the fulling mill of Thomas Jenks, in Bucks county, Pensylvania, cloth amounting in value to the sum of 7467 dollars; Whereupon,
Resolved, That a warrant issue on the treasurer in favor of Henry Wynkoop, Esq. one of the delegates for Pensylvania, for the above sum of seven thousand four hundred and sixty seven dollars, to be put into the hands of Thomas Jenks, and by him paid to the owners of the said cloth.
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The same committee, to whom was also referred the petition of John Hart, Esq. report,
That they have examined the papers referred to them, and find sufficient vouchers to prove that a large quantity of cloth was, by order of General Washington, taken from the fulling mill of John Hart, kept by Francis Gaspar; that a part of the said cloth was sold in General Mifflin's office, amounting to the value of 134 69/90 dollars; that the cloth, of the re-delivery of which there is no evidence, amounted in value to 1,067 dollars; Whereupon,
Resolved, That General Mifflin be directed to pay the above sum of one hundred and thirty four and sixty nine ninetieth dollars, to Dr. J. Witherspoon, one of the delegates for the State of New Jersey; and that a warrant issue on the treasurer to pay to the said Dr. J. Witherspoon, one thousand and sixty seven dollars, to be delivered to Jacob Bergen, Esq. justice of the peace in the county of Somerset, New Jersey, and by him paid to the several persons whose cloth is contained in the miller's account; taking an oath of each of them before payment, that they had not before received their several pieces.1
[Note 1: 1 These two reports, in the writing of John Witherspoon, are in the Papers of the Continental Congress, No. 19, VI, folio 15.]
The committee of ways and means, having, agreeably to order prepared the draught of a circular letter to accompany the resolutions relative to finance, reported the same, and desired leave to sit again.
The draught being read, was agreed to as follows:
Sir: I have the honor to transmit to your excellency sundry resotions of Congress of the 6th and 7th instant, for supplying the continental treasury, and to request the earliest communication of them to the legislative authority of your State.
The money which Congress are at liberty to emit will probably be expended in the beginning of December next, and subsequent supplies must be furnished by the states. This evinces the necessity of the punctual payments of their respective quotas, on which their
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public credit, the existence of their army, and the support of their liberties, so greatly depend.
Congress are deeply concerned to find that the sums required are so great; but since the emissions are limited, they doubt not that the operation of taxes and other salutary measures in the course of the year will reduce the prices of articles, and enable them to lessen the quotas required, or apply part thereof to diminish the public debt. To promote so desirable an object, Congress, on their part, will endearour to observe the strictest (economy in the expenditures.
I have only to add that warrants will be issued on the treasurers of the respective states, for the quotas to be furnished on the first of January next, and that I remain with the greatest respect, &c.
President.1
[Note 1: 1 This draft, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 26, folio 71.]
Ordered, That the committee have leave to sit again.
The following appeals were lodged with the secretary of Congress, and referred to the Committee on Appeals, viz;
An appeal from the judgment of the court of admiralty in Massachusetts bay on the libel Stephen Cleland and others vs. the ship Francisco de Paula als Valenciano;
An appeal from the judgment of ditto on the libel Samuel Cabot and others vs brig Neustra Seniora de Merced.
An appeal from do. on the libel Board of War for the State of Massachusetts bay vs ship Victoria.
An appeal from do. on the libel Nathaniel Tracy and others vs ship Santos y Martyros als The holy Martyrs.
Congress proceeded in the consideration of foreign affairs, and some time being spent thereon,
The committee appointed to prepare a commission for the secretaries, brought in a draft, which was agreed to as follows:
The United States of America in Congress assembled--To
Greeting:
We, reposing especial trust and confidence in your patriotism, ability, conduct and fidelity, do by these presents constitute and appoint you during our pleasure, secretary to our minister
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plenipotentiary appointed toyou are therefore carefully and diligently to discharge the duty of secretary, by doing and performing all things thereunto belonging. And in case of the death of our said minister, you are to signify it to us by the earliest opportunity; and on such event, we authorize and direct you to take into your charge all our publick affairs, which were in the hands of our said minister at the time of his death, or which may be addressed to him before notice thereof, and proceed therein according to the instructions to our said minister given, until our further orders.
Witness,President of the Congress of the United States of America, attheday of17 and in theyear of our independence.
The said committee reported the draft of a letter of credence to the secretary of a minister plenipotentiary residing at a foreign court, which was agreed to as follows:
[Insert the address of the king, prince or potentate.]
Taking into consideration the various events which may deprive us of the services of our minister plenipotentiary at your court, and being desirous that at all times you should be assured of our constant good will and affection, we have nominated secretary to our ministerin case of the death or the necessary absence of our said minister, to reside at your court, and to transact all such matters and things relating to us, as may from time to time be necessary. We beseech you to give entire credit to every thing which he shall deliver on our part, especially when he shall assure you of the permanency of our friendship. And we pray God, that he will keep your in his holy protection.
Done attheday ofin the year of our Lord and in theyear of our independence.1
[Note 1: 1 This draft, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 25, I, folio 271. The two papers were entered only in the manuscript Secret Journal, Foreign Affairs. The commission and letter of credence issued to John Laurens, both dated September 29, are in No. 165, folio 5, and No. 25, folio 405.]
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Ordered, That the said committee prepare the form of a letter of credence to Mr. Jay, to represent these states at the court of Spain, in case a treaty shall be signed with that court.
Adjourned to 10 o'Clock on Monday.
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