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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 27, 1780


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Journals of the Continental Congress, 1774-1789
THURSDAY, JANUARY 27, 1780

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Mr. [Nicholas] Van Dyke, a delegate for Delaware, attended and produced the credentials of the delegates of that State, which were read, as follows:


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In the General Assembly of the Delaware State,
at Wilmington, Wednesday, A. M. December 22, 1779.

The General Assembly proceeded, by joint Ballot, to the Election of Delegates to represent this State in the Congress of the United States of America for the ensuing Year, and the Box containing the Ballots being examined, The Honorable John Dickinson, Nicholas Vandike and George Read, Esquires, are declared duly elected.

Extract from the Minutes,

Jas Booth, Clk of Assembly.

In the General Assembly of the Delaware State,
at Wilmington, Friday, P. M. December 24, 1779.

The General Assembly proceeded, by joint Ballot, to the Election of a Delegate from this State to the Congress of the United States of America, to supply the Place of George Read, Esquire, who was appointed to that Service, and hath declined to accept of the said Appointment, and the Box containing the Ballots being examined, The Honorable Thomas McKean, Esquire, is declared unanimously elected.

Extract from the Minutes,

Jas Booth, Clk of Assembly.1

[Note 1: 1 The original is in the Papers of the Continental Congress, Delaware, Credentials of Delegates.]

A letter, of 26, from the Board of War, was read:

War Office, Jany 26th. 1780.

Sir, There have been some applications made to us for forage for the horses of the clerks of Gen.l Mifflin late Qr Mr. General, who are waiting in Philadela. for the purpose of settling their accounts.

We have also discovered in the returns of the Issuing Commissary and of the keeper of the public stables that Mr. Thomas Jones late Depty. Commy Genl. of issues, and who has been out of office near a twelve month, has been drawing provisions and forage ever since, for the same reason we do not doubt but there are many others who continue to draw the public supplies, who are under similar circumstances.

In the instance of General Mifflin's clerks, it is alleged they have been ready for a settlement, and we suppose the reason why this matter has not been closed, is altogether owing to the small number of


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auditors, and the variety of business, which has necessarily devolved on them.

We would therefore recommend that either commissioners should be appointed in the country at proper places for the settlement of all accounts of any kind or nature, or in case this should be thought inexpedient, that two new Chambers of account should be erected, subordinate to the Treasury Board, in the same manner as the present auditors, to devote their attention particularly to the settlement of the accounts of the Commissary's and Qr. Mr. Genls. Department respectively, and when these accounts do not admit of constant employment, that they take up any other business of the Continent, which relates to their line of duty indiscriminately.

The Board apprehend that the Continent would save greatly by retrenchments in the rations pay and forage of persons under the description above mentioned; and that the speedy settlement of public accounts, would produce other good effects, perhaps not less important.

Should Congress not be disposed at present to take up the matter we would wish to be informed of the precise period, when after their being out of office, the rations pay and forage of officers of this denomination, shall cease; at present we have no rule of conduct to govern us.

Resolved, That the Board of War be informed in answer to their letter of the 26th Instant, that the pay and rations of all officers cease at the time of their discharge from office, and if any officer has drawn pay and rations heretofore after his discharge, he ought to be charged in debt to the United States for the same.1

[Note 1: 1 This letter and motion, the latter in the writing of Roger Sherman, are in the Papers of the Continental Congress, No. 148, I, folio 45.]

On which, a motion being made,

Ordered, That the letter and motion be referred to the Board of Treasury.

A letter, of this day, from Major Eustace, was read, requesting leave to resign:

Resolved, That his resignation be accepted.

A letter, of 23, from Royal Flint was read:2

[Note 2: 2 Eustace's letter is in the Papers of the Continental Congress, No. 78. VIII, folio 339; that of Flint is in No. 78, IX, folio 307.]


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Ordered, That it be referred to the Board of Treasury.

A report from the Board of Treasury was read; Whereupon,

Ordered, That on the application of the Board of War and Ordnance, a warrant issue on his excellency, the president and supreme executive council of the State of Pennsylvania, for one hundred thousand dollars, in part of the monies raised by the said State, for the use of the United States, in favour of William Henry, Esquire, of Lancaster, in the said State, for the purchase of cloathing, for the use of the army; the said William Henry to be accountable.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 53.]

Congress took into consideration the report of the committee, appointed on the 12 November last, to report a proper allowance for the officers of sundry departments, from the last adjustment of their accounts; Whereupon,

The Committee appointed the 12th Nov. last to report a proper allowance for the officers of sundry Departments from the last adjustments of their accounts, respectively, having attended that business, find that the said accounts have been adjusted at different periods and that a strict adherence to the Resolution appointing the Committee would operate partially even to the officers of the same Department; the Committee therefore having a retrospect to the 2nd November 1778 soon after which time sums were advanced by Congress to several of the said officers, with an intention as it is supposed to raise their salaries, beg leave to Report;

Resolved, That the treasurer, the commissioners of the Board of War, the commissioners of the chambers of accounts, the commissioners of the navy boards, the secretaries of the Board of Treasury and of the Board of War, the assistant auditor general, and the clerks of the Board of Treasury, Board of War, chambers of accounts, treasurer, auditor general, and of the secretary of Congress, be entitled to receive, in lieu of every other allowance, from the 2d day of


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November, 1778, or from the dates of their appointments, if elected after that time, the same salaries as are allowed them respectively by a resolution of Congress of the 23 October, and one of 12 November, 1779:

That the pay of John Gibson, Esq. for his services whilst auditor general, be as follows; from the 9 December, 1776, the time of the last adjustment of his account, to the 16 October, 1778, at the rate of 1715 dollars per annum; from the date last mentioned, to the 2 November, 1778, at the rate of 3430 dollars per annum; and from thence to the 25 November, 1779, at the rate of 12,000 dollars per annum:

That the pay of the secretary of Congress be as follows: from the 10th February, 1778, the date of the last settlement of his account, to the 16 of October following, at the rate of 2000 dollars per annum; from the time last mentioned to the 2d November, 1778, 4000 dollars per annum; and from and after that day until the further order of Congress, at the rate of 14,000 dollars per annum:

That the salary of the secretary of the Marine Committee be, from the 2d November, 1778, at the rate of 8000 dollars per annum, until he was appointed secretary to the Board of Admiralty:

That the pay of the clerks of the Commercial Committee, the clerk of the navy board of the middle district, and the secretary of ordnance and paymaster to the Board of War and Ordnance, from the 2 November, 1778, or from the dates of their appointments, if elected after that time, be at the rate of 8000 dollars per annum respectively, until the further order of Congress:

That William Story, having performed the service of clerk and pay master to the navy board of the eastern district, be appointed to that office and entitled to receive, from the 2 November, 1778, in lieu of every other allowance, at the rate of 8000 dollars per annum, until the further order of Congress.


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That the accounts of said officers be forthwith adjusted and that no advances be hereafter made on their salaries respectively:

[That the salary of the treasurer of loans, from the second November, 1778, be the same as that of a commissioner of the chambers of accounts, until the further order of Congress; in full of all services in the said office:

That the accounts of the said officers be forthwith adjusted and closed, and that no advance be hereafter made to any of them on account of their salaries but by order of Congress.

Your committee further beg leave to report that the cases of the principal officers named above previous to the second day of November, 1778, be recommended to the consideration of some future Congress.1]

[Note 1: 1 This report, in the writing of Elbridge Gerry, except the portion in brackets which is in the hand of Thomas McKean. is in the Papers of the Continental Congress, No. 28, folio 281.]

Congress proceeded to consider the report of the committee, to whom was referred on the 17 December last, the last return of provisions and stores issued at Philadelphia, from the 1 to 26 November, inclusive; and thereupon,

Resolved, That all issues of articles in the department of the commissary general of issues, made in pursuance of a resolution of Congress of the 2 October, 1777, be discontinued:

That the Medical Committee, as soon as they shall judge convenient, give directions for removing the hospitals in or near Philadelphia, to some other place, where wood and other necessaries may be procured on more reasonable terms than in the city aforesaid:

That the issuing commissaries be respectively directed not to deliver rations, or parts of rations, to any hospital commissary, unless on returns signed by him and countersigned by the principal physician or surgeon of the respective hospitals, specifying the names and stations of the persons


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for whom, and for what time, the rations are drawn; and that the hospital commissary be also required to annex to each return the receipts of the persons to whom he shah have delivered the provisions drawn on the last return:

That the commissary general of issues direct the form of the returns and receipts aforesaid.1

[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 29, folio 123.]

Resolved, That a committee of three be appointed to prepare a draught of a commission for the judges of the Court of Appeals:

The members chosen, Mr. [Thomas] McKean, Mr. [Oliver] Ellsworth, and Mr. [Robert R.] Livingston.

Adjourned to 10 o'Clock to Morrow.

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