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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, JANUARY 13, 1780
A letter, of 12, from E. Blaine, was read, accepting the appointment of commissary general of purchases:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 165, folio 315.]
That so much thereof as relates to a supply of money, be referred to the Board of Treasury.
A letter of the 4th, from General Washington, was read, accompanied with sundry papers relative to a proposed exchange of prisoners of war; Whereupon,3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 152, VIII, folio 287; the enclosures are on folios 291--299. Washington's letter is printed in The Writings of Washington (Ford), VIII, 152.]
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Resolved, That all the powers granted to General Washinton, by the resolution of 5th March, 1779, respecting the exchange of prisoners, be, and they are hereby renewed and confirmed.
Ordered, That the papers accompanying the General's letter of 4 be returned to him.
Resolved, That it be recommended to the executive authorities of the several states, to transmit with all possible expedition to General Washington, the names and rank of all officers; and the number of privates belonging to the enemy, held as prisoners of war within their respective states, and the places they are at, in order that they may be included in the general exchange, should a cartel be agreed to, between the commanders in chief of the American and British armies.
Congress took into consideration the report of the Board of War, of 21 August last, relative to prisoners, and thereupon came to the following resolutions:
Many inconveniences attending the present management of prisoners of war, and great dissatisfaction having arisen from the mode of exchanging them heretofore used, from the partialities inevitably attending the same, while conducted under various directions by divers commissaries independent of each other; and sufficient provision not being made for their security, in many cases frequently occurring:
Resolved, That all prisoners of war, whether captivated by the army or navy of the United States, or by the subjects, troops, or ships of any particular State, shall be delivered into the care and custody of the commissary general of prisoners, his deputies or assistants, and be deemed and treated, in all respects, as prisoners of war to the United States:
That it be earnestly recommended to the governments of the respective states, that they make no exchanges of prisoners; to the intent, that all exchanges may be made through the commissary general of prisoners, by direction of Congress
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or the Commander in Chief, or Board of Admiralty; and when prisoners are taken by the particular subjects, troops or vessels of any State, not in the service of the United States, or by private ships or vessels of war, fitted out in any particular State, these shall be first exchanged, so far as is necessary, for the subjects or inhabitants of the same State, taken by the subjects, adherents, ships or vessels of the enemy; and the overplus, if any, shall go towards redeeming the prisoners in the hands of the enemy; without regard to their being subjects or inhabitants of any particular State:
That all masters or commanders of private ships or vessels of war, shall take the utmost care to bring into port all prisoners captivated by them. And if from necessity they shall be obliged to dismiss any prisoners at sea, they shall, on return from their cruise, make report thereof, on oath, to the judge of the admiralty of the State to which they belong, or in which they arrive, within 20 days after their arrival, with their reasons for such dismission. And if the judge shah not be satisfied with the reasons assigned, or if it shah appear that the prisoners were discharged to avoid the trouble or expence of bringing them into port, and delivering them into custody, or in any wise unnecessarily, then the judge shall transmit an account thereof to the executive of the State, who are requested to examine into the matter, and vacate the commission granted to the said delinquent master or commander of the ship or vessel, if they are of opinion that such dismission was improper:
That all prisoners of war captivated by private ships or vessels of war, be delivered by and at the expence of the masters or owners of such ships or vessels, to a commissary of prisoners nearest the place of their landing, or into the nearest county gaol, on pain of forfeiture of the commission granted to such private ship or vessel:
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That on such delivery of the prisoners into the gaol, the gaoler shall be obliged to inform the government of the State wherein the said prisoners are landed; or, in case of their residence at too great a distance, the lieutenant or commanding officer of the militia of the county wherein such prisoners are landed, the commissary general of prisoners or his deputy; that if the said prisoners are not deemed to be, by the executive of the State, or the said commanding officer of the militia, in a place of sufficient security, they may be removed under proper guards to a place or places of greater safety at the expence of the United States. And the executive powers of the respective states are requested to give the necessary orders to the commanding officers of the militia on this subject, and to pay the expences of escorting and transporting the prisoners; charging the same to the United States. The said executives are also requested to give orders to the officers of their militia, to take immediate charge of all prisoners of war captivated by the ships and vessels of war, belonging to the United States or to any particular State, and to convey them, at the expence of the United States, to the nearest commissary of prisoners, or county gaol; and also direct the like steps to be taken in regard to the removal to places of greater safety, as is provided in the case of prisoners captured by private vessels:
That it be recommended to the legislatures of the respective states, effectually to provide, at the expence of the United States, for the delivery and safe keeping of all prisoners captivated by their respective subjects, out of vessels stranded or cast on shore on their coasts, obliging the parties taking prisoners, to deliver them to the nearest commissary of prisoners or into the nearest gaol, in case no commissary of prisoners is stationed within convenient distance of the place of capture; and in case of neglect or misconduct in the persons so taking the prisoners, that they forfeit all right to the vessel, her
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tackle, apparel and furniture so cast on shore, or the property they may save, or be otherwise entitled to out of such vessel; or imposing such other penalty as the said legislatures shall respectively think proper:
That it be recommended to the said legislatures to provide and direct, that all gaolers receive and deliver prisoners of war, without charging any fee or reward to the persons delivering them into or taking them by proper authority out of their custody. The reasonable expences of supporting such prisoners in gaol, to be paid by the government of the State wherein they shall be confined, and charged to the United States; except where they can and shall be otherwise provided for by the proper officer in the service of the United States. And the gaoler shall transmit a copy of his charges against the United States, for account of prisoners of war, to the commissary general of prisoners, or his nearest deputy, when any prisoners leave the gaol, either for removal to places of greater security, or for exchange:
That prisoners of war, either on their march, or in confinement, be furnished with only two-thirds of a soldier's ration:
That none but sick or wounded prisoners be allowed carriages at public expence:
That all prisoners on parole pay their own expences; and such expences shall be paid before they shall be exchanged:
That all officers, prisoners of war to the United States, unless in hospitals, pay their physicians, surgeons and attendants:
That the commissary general of prisoners and his deputies, make regular monthly returns, to the Board of War, of the numbers, situation and exchanges of all prisoners under their charge; and that they also give the said Board such occasional information, of all material transactions in their department. as circumstances from time to time render
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necessary, or when they shall be required by the Board so to do, under pain of being suspended or dismissed by the said Board:
That all exchanges of prisoners made in consequence of the foregoing resolutions, shall be soldier for soldier and sailor for sailor.
The report recommending that after the first resolution it be resolved, "That the states whose inhabitants are exchanged for the prisoners captured by their vessels, or those of their subjects, be charged with the expence of securing and supporting the prisoners of the enemy so exchanged."
On the question to agree to this, the yeas and nays being required by Mr. [James] Forbes,
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So it passed in the negative.
A report of the Board of Treasury was read1: Whereupon
[Note 1: 1 The report of the Board of Treasury is entered in the writing of George Bond of the secretary's office.]
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Ordered, That a warrant issue on the treasurer, in favor of Jonathan Burrall, on account of William Palfrey, Esquire, pay master general, for one million of dollars, to be transmitted to John Pierce, deputy paymaster general at the main army, for the supply of the military chest; for which sum the said deputy paymaster general is to be accountable:
And another on the treasurer, in favor of the said Jonathan Burrall, on account of the said William Palfrey, paymaster general, for three hundred and fifty thousand dollars, for the use of his department; for which the said paymaster general is to be accountable.
That a warrant issue on the treasurer, in favor of Ziba Westcott, on account of Richard Westcott, of Egg Harbour, in the State of New Jersey, for twenty eight thousand dollars, to enable him to pay the expences incurred in saving the part of the cargo (belonging to the United States), of the ship, Henry, lately stranded at Absecom Beech; for which sum he is to be accountable.
That a warrant issue on the treasurer, in favor of Eleazer McComb, one of the commissioners of the chamber of accounts, for five thousand dollars, on account of his salary.
That a warrant issue on the treasurer, in favor of Joseph Scudder, one of the clerks in the War Office, for two thousand dollars, on account of his salary.
That a warrant issue on the treasurer, in favor of Mr. Elbridge Gerry, one of the delegates for the State of Massachusetts Bay, for ten thousand dollars, on his application; for which the said State is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV folio 31.]
A letter, of 18 December, from Silas Deane, was read, enclosing the warrant in his favour, dated 26 August, 1779, for ten thousand five hundred dollars, which he returns agreeably to the intimation in his letter of November 16.
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Ordered, That the warrant be sent to the Board of Treasury and there cancelled.
A letter, of 30 December, from the Governor of Virginia, relative to the Portugese snow; and another, of 16 December, relative to the arms detained by order of the executive of that State, were read.1
[Note 1: 1 The letter of December 30 is in the Papers of the Continental Congress, No. 71, I, folio 297; that of December 16 on folio 307.]
Adjourned to 10 o'Clock to Morrow.
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