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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 8, 1780
A report from the Board of War was read; Whereupon,
Resolved, That the resignation of Lieutenant Joseph Hire, of the 8th Virginia regiment, be accepted.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 45.]
Another report from the Board of War was read; Whereupon,
At A Board Of War, Jany 7, 1780.
Present Mr Peters, Colo Grayson.
The Board having taken into consideration the memorial of Col. Nathaniel Gist, and a letter from Lieut Kelly, respecting an allowance for their trouble in going to the Cherokee Country by order of his Excellency the Commander in Chief--are of opinion, that as this service was out of the line of duty of continental officers, and which they were not obliged to execute in virtue of their commissions, they ought to receive reasonable compensations which it seems is alledged was promised by the General before they would undertake to do the business.
Therefore the Board beg leave to recommend, That it be Resolved,
That Colo Nath1 Gist be paid the sum of five thousand dollars for his trouble and services, and the hazard he run in going twice to the Cherokee nation, to treat with them by order of the Commander in Chief.
That Lt Kelly be paid one thousand dollars for his trouble in going with Col Gist to the Cherokee nation.
Ordered, That Colonel Gist's account of sundries expended for the public service, be referred to the Board of Treasury.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 49.
A note is added to the report: "The account referred to, Col. Gist has in his own possession."]
That the report of the Board of War for granting a compensation to Colonel Gist, and Lieutenant Kelly, for their trouble, expence and hazard in going to the Cherokee country, be postponed.
Another report from the Board of War was read; Whereupon,
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At A Board Of War, Jany 7th 1780.
Present Col Pickering, Mr Peters, Colo Grayson.
The board having taken into consideration the letter from Major Genl Lincoln of Decr the 2d 1779, referred to them by Congress, beg leave to report,
That so much of Genl Lincolns letter as relates to money, be referred to the Treasury board.
With respect to the 500 dollars to be paid by the Quarter Master General under the resolution of August the 12th 1778 to such officers authorized to be in the field on horse back; who shall have their horses killed in action, the board are of opinion, that however adequate this sum might be at the time of making the resolve, yet at present, it, is on account of the great depreciation of the money--by no means equal to the object Congress had in view, and therefore recommend,
Resolved, That, every officer in the army of the United States, whose duty requires his being on horse back in time of action, be allowed a sum not exceeding the average price given at the time in the department, or place where the accident shall happen for homes purchased for private dragoons, as a compensation for any horse he shall have killed in battle. This resolution to have retrospect as far as the 1st of January 1779 and the quarter master general or his deputy is hereby authorized to pay the value of such horses, not exceeding the said price, to the respective sufferers, on the facts being properly authenticated.
In regard to the Georgia Regiments, and the Officers of the Gallies and of the light Dragoons who are on Continental establishment--the board are of opinion and beg leave to report,
Resolved, That the four Georgia regiments be reformed, and no more officers retained in the service than are necessary for two regiments;
That the commanding officer of the Southern army establish some equitable rule for the arrangement of the said officers; and such as are left out of the arrangement be
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deemed supernumeraries, agreeably to the rules adopted in the main army, and entitled to the benefits allowed by the resolution of the 24 November, 1778;
That such of the officers as are retained in service shall be employed, until the regiment can be recruited, in such way as the said commanding officer shall deem most conducive to the public interest;
That the Georgia officers of the Gallies and of the light dragoons who are on continental establishment be considered as supernumeraries.
The board would have proposed reducing the Georgia regiments to one, agreeably to the regulation of the late Committee of arrangement, were it not for the singular circumstances attending them at this time from the operations of the Enemy in that State, and a hope that an African regiment may be raised for one of the corps of officers. The principal circumstance we allude to, is the distress that must attend the reduced Officers, at present expatriated, and we think it would be impolitic at this time to hazard their disgust. Yet the reduction to two regiments we conceive may not be difficult, as numbers of the Officers belong to other States who could with less inconvenience quit the service.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 41.]
A report from the Board of Treasury was read; Whereupon,
The Board of Treasury having according to order reconsidered their report of the 27 ult. on the account of Benjamin Randolph beg leave to report the following resolution:
Ordered, That a warrant issue on the treasurer, in favour of Benjamin Randolph, of Philadelphia, for four thousand, three hundred and sixty three dollars and 21/90 for the use of his house, and sundry articles of furniture, from the 14th of December, 1778, to the 25 of March, 1779, and for sundry necessaries furnished to Mr. [John] Jay, late President of Congress while the said house was occupied by him.
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That a warrant issue on the treasurer, in favour of Jesse Brown, for three thousand, one hundred and sixty dollars and 45/90, the ballance of his account of expenses in conducting Mrs. Huntington wife of the Honorable the President from Norwich in Connecticut to Philadelphia to be charged to the contingent expenses of to be charged to the United States.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 19.]
A report from the Board of Admiralty was read; Whereupon
Board Of Admiralty, 8th Jany., 1780.
The board beg leave to represent to Congress that application being made to the Navy board for the pay of fifteen Marines enlisted during the war and doing Garrison duty, think themselves intitled to the same allowance as that given to the army by a resolve of Congress of the 18th of August last, which is submitted to Congress for their directions thereon.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 37, folio 173.]
Resolved, That the marines of the navy of the United States, whilst doing garrison duty, be allowed the same subsistance monies as is allowed to the officers and soldiers in the line of the army by the resolution of Congress of 18 August, 1779.
A motion was made by Mr. [Roger] Sherman, seconded by Mr. [Nathaniel] Peabody, relative to the additional battalions:
Ordered, That it be referred to the Board of War.
A motion was made by Mr. [Robert R.] Livingston, seconded by Mr. [John] Penn,
Ordered, That the consideration thereof be postponed till Monday next,
Ordered, That a warrant issue on the treasurer, in favour of E. Blaine, commissary general, for two hundred thousand dollars, for the use of his department, and for which he is to be accountable.
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Congress resumed the consideration of the report of the committee for establishing a court of appeals, when a motion was made by Mr. [James] McLene, seconded by Mr. [Nathaniel] Peabody, to add to the resolutions already passed, as follows, Provided that nothing in the foregoing resolutions shall be construed to admit an appeal in any case where all the parties concerned are citizens of one and the same State, unless allowed by the legislature of the said State.
When the question was about to be put, the previous question was moved by Mr. [John] Penn, seconded by Mr. [Cyrus] Griffin, on which the yeas and nays being required by Mr. [Samuel] Holten,
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So the states were equally divided, and the previous question lost. On the question to agree to the main question, the yeas and nays being required by Mr. [Samuel] Holten,
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So it passed in the negative.
The whole resolutions as agreed to in the house, being read, as follows:
Resolved, That the trials in the courts of admiralty, in cases of captures, be according to the usage of nations and not by jury.
That all exhibits, evidence and proceedings be in writing and at full length.
That the judges of the courts of admiralty in the several states shall order and direct all captures, to be inventoried and appraised in current money, and according to current prices, which inventory and appraisement shall be filed in the said court.
That a court be established for the trial of all appeals from the courts of admiralty in these United States, in cases of captures, to consist of three judges learned in the law, appointed and commissioned by Congress, that any
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two of them in the absence of the other hold the said court for the dispatch of business.
That the said court of appeals have all the powers of a court of record, in fining and imprisoning for contempts and disobedience.
That the courts of admiralty, and all officers of the said courts pay obedience to the decrees and orders of the said court of appeals, so far as may be necessary for the carrying into execution the decrees of the said court.
That the judges of the said court hold their sessions at the city of Philadelphia in the State of Pensylvania, at Williamsburg in the State of Virginia, and at Hartford in the State of Connecticut, and at such other places not to the eastward of Hartford, nor to the southward of Williamsburg, and at such times as they shall judge will be most for the public benefit.
That the judges of the court of appeals be authorised to appoint a register and marshal of the said court and the same to remove at pleasure.
That all fines imposed by the court of appeals be collected by the register and paid into the continental treasury.
That no appeal be admitted unless demanded within five days after definitive sentence in the court of admiralty and lodged with the register of the court of appeals within forty days afterward, and unless the party appealing shall have given good and sufficient surety to prosecute the said appeal to effect, and be answerable for costs and charges in case the sentence is confirmed.
That each of the judges of the court of appeals shall be allowed a salary at the rate of 30,000 dollars per annum for their services and expences, until the further order of Congress.
That a duty of one per cent on the appraised value of all prizes, the trial of which shall come before the said court,
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shall be paid into the continental treasury, out of which shall be defrayed the charges of the said court of appeals; and the overplus, if any, shall be applied to the support of seamen disabled in the service of the United States.
On the question to agree to the whole of the foregoing regulation, the yeas and nays being required by Mr. [Samuel] Holten,
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So the States were equally divided, and the question lost.
On motion of Mr. [William Churchill] Houston, seconded by Mr. [John] Mathews,
Resolved, That a committee of four be appointed to prepare a plan for establishing a court of appeals, and that the papers before the House on that subject be referred to them.
The members chosen, Mr. [Oliver] Ellsworth, Mr. [Thomas] McKean, Mr. [William Churchill] Houston, and Mr. [Robert R.] Livingston.
Adjourned to 10 o'Clock on Monday.
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