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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 --WEDNESDAY, JANUARY 5, 1780
A report from the Board of War was read, recommending the advance of a sum of money in specie to the prisoners who are in possession of the enemy;
At a Board of War, January 4th, 1780.
Present, Col Pickering, Mr Peters, Colo Grayson.
The Board having taken into consideration, the memorial of sundry officers of the American army, at present in captivity on Long Island, in the State of New York, respecting a farther allowance of subsistence,
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also the letters of Col Beatty Commissary General of prisoners, and sundry other papers, beg leave to report. That it appears to the Board, that accidental preferences have been given in some instances to particular officers, owing as well to local circumstances, as to the want of a certain ratio, by which the subsistence of each respective claimant might be ascertained agreeable to the length of time he had been in captivity.
It appears farther to the Board, that twenty six officers taken at Fort Montgomery the 6th of October 1777, fourteen taken between the 6th of October 1777, and May 1778, and seventeen taken the 22nd of August 1777 at Staten Island, have received the sum of thirty two pounds New York money, more than the memorialists who were captured about the same period of time. That moreover those who were on parole upon Long Island before the arrival of the Philadelphia prisoners at New York, have received an allowance of two dollars a week for their board, of which these confined in Philadelphia had not the benefit.
Resolved, Therefore, That as Congress mean to extend their care and attention without distinction to all their officers who have the misfortune to be captured by the Enemy, the sum of £4194 New York money in specie be placed in the hands of Colo Beatty Corn General of prisoners, out of which he be directed to pay to each of the memorialists the sum of thirty two pounds like money, and the farther sum ofto the same persons respectively, to be computed at the rate of two dollars a week, from the time of their being made prisoners, until their board was paid by the public.
That a farther sum of money in specie equal to £1493 N York currency be put into the hands of Col Beatty for the purpose of levelling all the officers, agreeable to the different terms of their Captivity, to the end that each individual may according to his circumstances participate of an equal share of the Public provision.
And whereas it hath been represented to Congress, that a farther sum of money is requisite for all the officers in Captivity, to enable them to purchase Clothing, and other necessaries for immediate use.
Resolved, That the sum of £9332 New York currency, in specie be advanced to the Commissary Gen1 of prisoners, which he be directed to distribute among all the officers on parole with the Enemy, and that the consideration of any farther allowance, or comparative preference be postponed to some future period.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 5. A copy of the report was read February 28 (see post on that date) and is on folio 199.]
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On which a motion was made by Mr. [John] Mathews, seconded by Mr. [James] McLene,1
[Note 1: 1 This motion, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 147, IV, folio 23.]
Ordered, That the report and motion be referred to the Board of Treasury, and that they report thereon as speedily as possible.
A report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of the committee, to whom two letters, one from the Commander in Chief, and the other from the commissary general of purchases, were referred on the 8th day of October last, a warrant issue, on his excellency, John Rutledge, Esquire, governor of the State of South Carolina, for one million of dollars, in part of the monies raised in the said State for the use of the United States, in favour of George Abbot Hall and John Lewis Gervais, Esquires, of the said State, appointed by the committee aforesaid to purchase a quantity of rice for the army of the United States and the fleet of Count D'Estaing; the said George Abbot Hall and John Lewis Gervais to be accountable.
That a warrant issue on Gibbs, Parker and Blake, commissioners of the continental loan office, for the State of South Carolina, for two hundred thousand dollars, in favour of William Palfrey, paymaster general, to be transmitted to Joseph Clay, deputy paymaster general in the southern department, for the supply of the military chest there; the said deputy paymaster general is to be accountable.
That a warrant issue on the treasurer, in favour of William Palfrey, paymaster general, for two hundred thousand dollars, for the use of his department; for which he is to be accountable.
The Board having taken in consideration the memorial of Francis Hopkinson, Esqr., Treasurer of Loans referred to them by Congress on the 31st ult. beg leave further to report the following resolution:
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Resolved, That the Treasurer of Loans be allowed 1/32 per cent for his trouble in signing the bills of exchange ordered to be drawn by the resolution of the 23d of November last, in keeping Postponed. books, writing letters of advice, and performing any other Duties incident to this appointment.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 11.]
Resolved, That a member be added to the Committee on Appeals, in the room of Mr. [William] Paca, who is absent:
The member chosen, Mr.[Oliver] Ellsworth.
Congress resumed the consideration of the report of the committee on a plan for establishing a court of appeals,
And on the motion of Mr. [Robert R.] Livingston, viz.
"That the judges of the said court hold their sessions at such time and place, as shall appear to them most advantageous to the public, having respect to the number of appeals depending and the places in which the causes may arise; provided that the court shall at no time be held to the southward of Williamsburg in Virginia, or to the eastward of Hartford in the State of Connecticut,"
The yeas and nays being required by Mr. [James] Forbes,
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So the States were equally divided, and the motion lost.
Congress proceeded in the consideration of the report and the determination of the question,
"That the trial of all captures in the courts of admiralty be according to the usage of nations and not by jury," was put off by the State of Pensylvania.
Adjourned to 10 o'Clock to Morrow.
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