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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 --MONDAY, FEBRUARY 28, 1780
A letter, of 23d, from General Washington, and one of the 15th, from General Schuyler, were read.
A letter, of 9th, from the governor of Virginia was read.
A letter, of January 1st, from William Peck, deputy adjutant general, Rhode Island department, was read:
Ordered, That it be referred to the Board of War.
A letter, of 27th, from Lieutenant Colonel Anthony White was read; Whereupon,1
[Note 1: 1 Washington's letter is in the Papers of the Continental Congress, No. 152, VIII, folio 423; Schuyler's is in No. 153, III, folio 511; that of the governor of Virginia in No. 71, I, folio 315; that of White in No. 78, XXIV, folio 187.]
On motion of Mr. [James] Forbes, seconded by Mr. [John] Fell,
Resolved, That Lieutenant Colonel White be informed Congress have resolved to grant no colonels' commissions in the army of the United States of America; and therefore Lieutenant Colonel White's request cannot be complied with.
On passing the foregoing resolution the yeas and nays were required by Mr. [John] Mathews,
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So it passed in the affirmative.
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A letter, of the 1st instant, from E. Hazard was read, enclosing one from P. Colt to Jos. Baker, assistant commissary of purchases at Westborough.
Ordered, That the letter from P. Colt, together with so much of Mr. Hazard's, as respects it, be referred to the Board of War.
A report from the Board of Admiralty, relative to Captain Talbot, was read.
Admiralty Office February 28th, 1780
The Board of Admiralty to whom was referred a letter from Captain Talbot relative to a prize taken from him by three brigantines belonging to Philadelphia, have made enquiry into the matter and caused Council learned in the Law to be consulted thereon and find that the expences of prosecution to final judgment will amount to between forty and fifty thousand Dollars. They are therefore of opinion that Congress do not institute an action against the offenders; but that they relinquish to Captain Talbot and the other officers and seamen belonging to the sloop Argo all the damages they may recover against them in case Captain Talbot shall at his own expence think proper to commence a prosecution.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 37, folio 197, endorsed: "Read February 28, 1780; postponed, sine die." Silas Talbot's letter dated "On board the Continental Sloop of War, The Argo, in Newport Harbor, the 11th November, 1779," is addressed to Henry Marchant. It is in the Papers of the Continental Congress, No. 37, folios 193--205.]
A report from the Board of War, respecting an allowance of specie to prisoners with the enemy, was read.2
[Note 2: 2 See ante January 5, 1780. A copy of the report is in the Papers of the Continental Congress, No. 147, IV, folio 199.]
The order of the day being called for, to determine the place to which Congress will on the last Saturday in April adjourn,
A motion was made by Mr. [Roger] Sherman, seconded by Mr. [Cyrus] Griffin,
That the consideration thereof be postponed to the second Monday in March next.
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On which the yeas and nays were required by Mr. [Nathaniel] Peabody,
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So it was resolved in the affirmative.
Ordered, That Wednesday next be assigned for taking into consideration the report of the committee on the quarter master's department.
A report from the Board of War was read; Whereupon,
Resolved, That Lieutenant Colonel Baldwin, and the officers of the several companies of artificers that were incorporated on the 12th of November last and put under his command, and who were in service before that day, be allowed the increased subsistence of one hundred dollars per month for each retained ration, in like manner as the same has been allowed to officers in the line, by virtue of the resolution of Congress of the 18th of August last, for such time as they were in service subsequent to the day last mentioned.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 179.]
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A report from the Board of Treasury was read; Whereupon,
The Board of Treasury having taken into their consideration the memorial of Col.o Jeduthun Baldwin Engineer in the service of the United States of the 16 of Feby referred to them by Congress beg leave to report.
That this Board are possessed of the settlement of Col. Baldwin's account from the Commissioners of accounts at Albany in which they charge the loss of the money mentioned by the memorialist upon this ground; that it was not necessary in their opinion, that Col. Baldwin, tho' possessed of a proper warrant from the Commander in Chief of the Department (as he was in a fortified place and where there was a Military Chest) to have drawn so considerable a sum before the calls upon him made it necessary, and contrary to what had been his usual practice.
That if he had forborn to draw but as he was necessitated to pay, this loss would not have happened, as the Military Chest was preserved in the retreat from Ticonderoga. Col. Baldwin on his part adduces proofs which as he alledges were not laid before the Commissioners, that he received the money on his warrant on the 22d day of June, only twelve days before the retreat, that on the evening before the evacuation, he applied to Gen.l S.t Clair who commanded the garrison, and informed him of his having a sum of public money in his possession, who advised him to send it with the Military Chest. It appears also from the testimony of Oliver How who lived with Col: Baldwin that at Skeensborough he helped Col: Byres to get the Chest out of the Boat, that however on the sudden approach of the enemy, and being fired upon they were obliged to abandon the Chest without opening it to take away the two or three quires of money and other things which he saw the said Col: put into it (he himself having assisted in packing the Chest) and that it fell into the hands of the enemy. From all which circumstances strengthened by the affidavit of the said Baldwin to the facts alledged: The Board are of opinion that the loss should be sustained by the public, as all possible means in the power of said Baldwin appears to have been taken for the preservation of the money, and that had these proofs appeared before the Commissioners of Accounts, they would probably have allowed his claim, and therefore the Board propose it to be
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Resolved, That Lieutenant Colonel Baldwin be allowed, in the payment of the balance due by him to the United States, the sum of six thousand four hundred and ninety one dollars, being monies which fell into the hands of the enemy, at Skeensborough, without his default.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 105.]
Sundry other reports from the Board of Treasury were read; Whereupon,
Ordered, That on the application of Jonathan Burrall, a warrant issue on the treasurer, in his favor, on account of William Palfrey, Esquire, paymaster general, for three hundred thousand dollars, to be by him transmitted to Thomas Read, deputy paymaster general at New Windsor, for the payment of the troops at Peekskill and West Point; and for which the said William Palfrey is to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, IV, folio 101.]
That on the application of Charles Pettit, assistant quarter master general, the following warrants issue in his favor, on account of Major General Greene, quarter master general, for the use of his department; and for which he is to be accountable; viz.
One on Joseph Clarke, Esquire, treasurer of the State of Rhode Island, for eighty thousand dollars.
One on George Webb, Esquire, treasurer of the State of Virginia, for one hundred and fifty thousand dollars.
One on Samuel Patterson, Esquire, treasurer of the State of Delaware, for fifty thousand dollars.
And one on Gerardus Bancker, Esquire, treasurer of the State of New York, for one hundred thousand dollars, being part of the monies raised in the said states respectively, for the use of the United States.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 136, IV, folio 95.]
That on the application of Thomas Bradford, deputy commissary of prisoners, a warrant issue on the treasurer, in his favor, on account of Colonel John Beatty, commissary general
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of prisoners, for fifteen thousand dollars, for the use of that department, and for which the said commissary general is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 93.]
Adjourned to 10 o'Clock to Morrow.
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