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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, JULY 24, 1780
A letter, of 23 March, from the honble. J. Adams was read:1
[Note 1: 1 This letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, 568.]
Ordered, That it be referred to the Committee of Foreign Affairs, to report thereon.
A letter, of 20, from General Washington; and
A letter, of 6, from J. Bradford, were read.
A letter, of 18, from the committee at headquarters, with sundry papers enclosed; also
One of the 20, and one of 21, from the same, were read:2
[Note 2: 2 Bradford's letter is in the Papers of the Continental Congress, No. 78, III, folio 493; Washington's is in No. 152, IX, folio 39. The letters from the Committee at Headquarters are in No. 39, I, folios 134, 141 and 142; they are transcribed in Committee Book, 1780, Proceedings of the Committee appointed on the 13th of April, 1780, folios 31 and 38.]
Ordered, That they be referred to a committee of five. The members chosen, Mr. [Samuel] Adams, Mr. [Thomas] McKean, Mr. [Roger] Sherman, Mr. [Henry] Laurens and Mr. [Abraham] Clark.
A memorial of William Millford [Millward] was read:3
[Note 3: 3 This memorial, dated July 21, 1780, is in the Papers of the Continental Congress, No. 41, VI, folio 185.]
Ordered, That it be referred to the Board of Treasury.
A report from the Board of Treasury was read; Whereupon,
Resolved, That from the particular circumstances attending the case of William Watson, and he having offered the best
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vouchers to support his claim that his present situation will admit of,
A warrant issue on the treasurer in his favour, for seven thousand four hundred and eighty dollars, on account of the rum mentioned in his memorial to be furnished to Francis Coddington, deputy commissary general of purchases in Georgia, and for which sum the said William Watson is to be accountable.
Resolved, That in the absence of a general officer, the supreme executive of the State of Massachusetts Bay be, and hereby are authorised and requested, to draw warrants upon the deputy pay master general in that department for such sums of money as now are, or may be hereafter due on account of pay to officers and soldiers who have done, or are now doing duty in that State, or in the State of Rhode Island.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 437.]
Congress took into consideration the report of the committee on the letter from Moore Furman, deputy quarter master; and thereupon,
Resolved, That a copy of the said letter from Moore Furman, be transmitted to his Excellency Governor Livingston, and to the quarter master general:
That the quarter master general be directed immediately to appoint such suitable person as shall be approved by the supreme executive authority of the State of New Jersey, to act as deputy quarter master in the said State, agreeably to the late regulation of the quarter master's department, in order that the measures therein provided for collecting forage and transporting provisions and other public stores, may be taken as soon as possible:
That, until such deputy is so appointed and approved, Moore Furman be authorised to receive from the state commissaries such quantities of forage, out of the supplies purchased for the United States, as may be necessary to enable
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him to forward the transportation of public stores; and that Governor Livingston be requested to give orders to the state commissaries to deliver the same accordingly, if such order shall be necessary: and also to take the necessary steps for approving a suitable person to be appointed Deputy Quarter Master in said State as aforesaid as speedily as possible.1
[Note 1: 1 This report, written by Roger Sherman, was delivered July 22. It is in the Papers of the Continental Congress, No. 19, II, folio 361.]
Congress took into consideration the report of the committee on the letter of 19 June last from Major General Greene, quarter master general; and thereupon,
The Committee to whom was referred the letter of the 19th of June last from General Greene desiring the sense of Congress on his responsibility as Q. M. General for the Expenditures of his Agents submit the following report.
They conceive it to be essential to the public interest as well as incident to the nature of all offices entrusted with money for public uses, that those who exercise them should be accountable for its due application nor can it make any substantial difference whether the advances be immediately disbursed by the principal himself to whom they are made, or by agents appointed by and amenable to him since it is always in his power and is manifestly his duty to take the precaution of sufficient securities.
That this has been the idea of Congress appears not only from the express condition on which every particular advance of money has been made to the several Departments, but from a resolution of Congress of March 2d 1778 subsequent to the appointment of General Greene "enacting that the forage masters, waggon Masters and other officers in the Department be in the appointment of the Qr Mr General, who is to be responsible for their conduct." In this general responsibility no doubt can exist, that the faithful expenditure of public money is included. On the contrary it is rather to be supposed, that this branch of their duty was most immediately pointed at.
The Committee however in searching the Journals find two instances in which it appears that Congress have been disposed to qualify the strictness of this doctrine in favour of the Heads of the Department
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The first is a resolution passed April 16th 1778 respecting the Commissary General's Department which as far as the expenditure of money is concerned is perfectly analogous to that of the Qr. Mr. General. It is in these words, "That nothing contained in the system of the Commissary General's Department shall be construed to make the Commissary General liable for the misapplication of money for the use of his Department by any inferior officer in that Department, provided that he shall take bonds from the Deputy Commissary General and Assistant Commissary General respectively appointed by him, with not less than two good and sufficient securities in the sum of twenty thousand dollars to be by him lodged in the Treasury Office, and the said Deputy Commissaries shall be exonerated of all sums of money by them respectively paid to the Purchasing Commissaries, provided they shall take bonds from the said Purchasing Commissaries respectively with not less than two good and sufficient securities in the sum of ten thousand dollars, which bonds they shall lodge in the said Treasury Office."
The other instance is the report of a Committee on a letter from Genl Mifflin agreed to in Congress May 19th 1778 in the words following "That they had had a conference with Major General Mifflin and the Auditor General on the subject of the said letter and having heard General Mifflin's observations on his peculiar situation as Q. M. General and his objections to being held strictly to account in cases where from the nature of the business and particular circumstances attending it, he was incapable of direct agency and the necessary Superintendence that the Committee delivered to him and to the Auditor General their opinion that the great servants of the public are generally to be accountable, that if in the course of adjusting the public accounts deficiencies shall appear Congress will in every special case determine upon the circumstances as they arise whether the party shall or shall not be discharged, that the Committee had no doubt, but such favorable allowances would be made as justice should require, but that Congress could not consistent with their duty to the United States by any general resolution hold up the maxim, that payment of money to Deputies or Assistants in a Department should discharge the principal."
From this view of the subject, the committee recommend the following resolution
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Resolved, That Major General Greene, quarter master general, be informed, in answer to his letter of the 19 June last, that Congress, conceiving it to be essential to the public interest, as well as incident to the nature of all offices entrusted with the disbursement of public monies, that those who exercise them should be responsible for such disbursement, whether it be made immediately by themselves or by agents appointed by and responsible to them, cannot, consistently with their duty to their constituents, by any general resolution, hold up a contrary maxim; but as they wish not to expose the faithful servants of the public to any unreasonable risques or losses, and are sensible that, in the various branches of the quarter master's department abuses and frauds may possibly happen, notwithstanding all the customary precautions, that in all such cases they will determine on the circumstances as they arise, and make such favourable allowances as justice may require.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 19, Il, folio 449.]
A report from the Board of War was read; Whereupon,
War and Ordnance Office. July 22. 1780
Sir,
We have the honor to lay before Congress an estimate of the shot, shells, and gun powder required for the service of the present campaign, and which the intended co-operation with our allies, in the siege of New York renders indispensable. Large as it may seem, it is one third part less than the estimate sent us by Genl. Knox, and approved by the Commander in Chief, copies of whose letters on the subject are inclosed. The estimate of the Board is founded on one of Genl. Knox's of the 5th. of Octo 1779 (when Count D'Estaing was expected) for a thirty days siege, which being doubled produces the present estimate for sixty days: but as the days are now one third part longer than they were last Octo Genl Knox thinks one third more should be added to the estimate. It appears however to the Board that the chief operations will not now take place till the days are much shortened; so that the principles on which he grounds his first
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estimate will apply to the present one. Besides, we greatly fear that the estimate of powder will hardly be completed as it now stands; but should we happily be mistaken in this point, and the siege soon commence, the orders for shot and shells may then be increased.
To the estimate we have added the probable cost of the shot and shells yet to be procured, and the price of such powder as may be purchased in the United States, which we apprehend will be very little. The second estimate contains a list of articles not on hand, and which must be purchased as necessary appendages for the service of the mortars and cannon.
Were it possible for Congress to furnish immediately, the requisite sums of money, we should have little doubt of procuring the deficient numbers of shot and shells: but the iron masters who were employed the last year in casting them, were such great sufferers by the delays and mode of payment for their work, we cannot even hope that many, if any of them, will again work for the United States without the highest moral certainty of their being paid in due time, and according to the real value of the articles they shall furnish. Some of them indeed we are informed have been rendered incapable of making the necessary preparations for putting their furnaces in blast this season, and are almost ruined. Had they been early paid the sums they finally received, even in loan office certificates, they might probably have applied them usefully: but as it was, they could procure with them neither stock nor workmen, nor negotiate them without a loss of from ten to fifteen per cent: and to this day, arrears are due to some of them. We trust Congress will excuse our being so particular on this point, because it appeared to be necessary in order to give them a just idea of the embarrassments we are now to expect in procuring shot and shells.
As we conceive it to be utterly impossible to furnish in current money the requisite sums, we beg leave to suggest as the best remedy under present circumstances, the expediency of enabling the Board to contract with the iron masters in a certain medium, which at the same time that it insures to them eventually the full payment of their debts, cannot injure the public. Such contracts we believe may be made. Yet few if any of the iron masters will be able to proceed without some current money to pay and feed their workmen; for which purposes we hope -- thousand dollars may be sufficient.
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But should these stores be provided, still there will be a capital deficiency of gun powder, to procure which, no possible resource should be left untried.
These States have so often experienced the kindness and generosity of our allies, we cannot doubt of their readiness on the present emergency, to supply our wants to the utmost extent of their ability. Should their fleet here have a surplusage of gun powder, we assure ourselves it will be most cheerfully lent us; but it is to be doubted whether they have brought more than will be wanted for their own use and that of their troops in the intended joint operations. Their magazines however in the islands may be amply supplied, and from thence perhaps some aid may be drawn. The friendship of the Spanish nation may also warrant our hopes of deriving assistance from the stores of his most Catholic Majesty at the Havanna. Of the propriety and mode of applications in these cases, Congress will determine.
We need not observe, when such large quantities of stores are to be procured, and on so short notice (for the General's letter of the 4th inst: was the first official information we received of the aid of ships and troops expected from France, and of the intended operations against New York) that the immediate attention and decision of Congress on the subject of this letter, is indispensable, and in order to facilitate their determinations, we beg leave to state our own ideas of the matter in the following resolutions
Resolved, That the Board of War and Ordnance be authorized and directed to procure with all possible despatch, six hundred and fifteen tons of shot for battering cannon, and nine hundred and forty seven tons of shells of such sizes as they shall deem proper according to the requisitions made by the Commander in Chief.1
[Note 1: 1 This resolution was also entered in the manuscript Secret (Domestic) Journal.]
That for this purpose, they be immediately supplied with four millions of dollars, and that they be authorized to contract for the whole quantity on the best terms possible, and agree on behalf of the United States to make payment in specie, or an equivalent in the currency of these states, at such periods as shall be mutually agreed on between the said Board and the manufacturers, with interest
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at six per cent per annum from such times as shall be fixed on by the said Board
Resolved, That the said board be furnished with the further sum of and thirty five thousand dollars for the Referred to the Board of Treasury. purpose of procuring the articles of military stores Passed July 25. enumerated in their second estimate of the 24th instant.
Resolved, That the said Board be furnished with -- dollars in Postponed. bills of Exchange on -- to enable them to purchase gunpowder in the United States.
Resolved, That the Committee of Commerce be directed immediately to import from the West Indies as much gun-powder as they can obtain: and that for this purpose Postponed. powder as they be furnished with dollars in bills of exchange on --.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 459.]
Ordered, That the remainder of the said report be referred to the Board of Treasury.
The Board of Admiralty having represented that there is a vacancy of a lieutenant of marines on board the Saratoga, and having recommended Mr. Abraham Vandyke for that office,
Resolved, That Abraham Vandyke be appointed a lieutenant of marines, and that his commission bear date the 7th of this month, from which time he has acted in that capacity, by order of the Board of Admiralty, on board the Saratoga sloop of war.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 37, folio 275.]
Admiralty Office
July 24th. 1780.
The Board of Admiralty beg leave to represent to the Honorable the Congress that some time in the year 1778, they passed an act directing the marine Committee to revise the regulations relative to the navy and captures by sea; that afterwards upon an application of the said Committee Congress divided the business, assigning the former to the Marine Committee and the latter to the court of appeals; that both parts have been taken up but have not been pursued and completed; that it is highly necessary this matter should be resumed and finished, and both the regulations be published in one pamphlet;
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so that the Commanders of the navy, privateers, and letters of Marque may be properly informed of their duty and the confusion avoided which must follow an attention to regulations adapted to circumstances very different from the present, to regulations indigested and incomplete.
The Board have resumed the branch assigned to the Marine Committee, and intend to proceed in the business as they may have leisure.
As the Commissioners of appeals consisting of Members of Congress are dissolved, The Board beg leave to propose, that a special committee be appointed, to revise the regulations relative to captures by sea and form a system suited to our present circumstances and connexions.
The Board beg leave to inform Congress that Captain Van Dyek, having applied for a Lieutenant of Marines Commission in the Continental Navy, and has done duty as such on board the Saratoga from the 7th day of this instant all which is submitted to the determination of Congress.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 37, folio 277.]
Ordered, That the Board of Admiralty proceed in revising the regulations of the navy, and that the revision of the regulations relative to captures by sea, which was heretofore committed to the Committee on Appeals, be referred to the said Board, and that they report with all convenient dispatch a system suited to the present circumstances and connexions of these United States.
On motion of Mr. [Thomas] Bee, seconded by Mr. [Jared] Ingersol,
Ordered, That the Board of Treasury lay before Congress a state of their proceedings respecting the sales of bills of exchange, agreeably to sundry resolutions of Congress, specifying the number disposed of under each resolution, and at what rate of exchange, and that they report fully thereon.
Ordered, That to morrow be assigned for electing an assistant quarter master general to reside near Congress.
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Charles Pettit, Esquire was put in nomination for assistant quarter master general by Mr. [John] Armstrong.
Adjourned to 10 o'Clock to Morrow.
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