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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 --FRIDAY, AUGUST 25, 1780
The Board of War, to whom was referred the report of the Board of Treasury on the letter, of 14, from Major General McDougall, brought in a report; Whereupon,
Treasury Office
August 17th. 1780
The Board having considered Genl McDougalls Letter of the 14th. instant referred to them by Congress beg leave to Report,
That by a Resolution of Congress of the sixteenth of June 1775, the pay of a Major General is 166 dollars per month, That when any Major General shall act in a seperate department he be allowed for his pay and expences three hundred and thirty two dollars per month.
That on the 27th. of February 1776 Congress Resolved "New York, New Jersey, Pennsylvania the lower Counties on Delaware and Maryland be put into one department under the command of one Major General and two Brigadiers General with proper staff"
That Virginia, North Carolina, South Carolina and Georgia be put into one department &c
Also by another Resolution of Congress of the 22nd. of May 1777, Albany, Ticonderago, Fort Stanwix and their dependencies are considered the Northern Department,
That General McDougall brings his charge for a seperate command in the Highlands, and it may have been the intention of Congress, that commands of that nature should come under the description in their resolution of the 16th. June 1775. But as that command of General McDougall was in the Middle Department, where General Washington (during the period the General charges for) did actually command, and the only Resolution of Congress on which the General can found his charge of double pay, says it shall be for commanding in a Seperate Department, the Board submit to Congress, whether the General's having had a seperate command, in a department commanded by General Washington, shall entitle him to double pay under the resolution of the 16th June 1775.
In addition to the above state of the matter the Board of War beg leave to represent,
That Congress have not confined themselves to the Departments as established in the Resolutions before recited, but have made exceptions as they thought the particular situation of the Officer Commanding
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required. Congress will no doubt recollect these exceptions and among them their resolve of the 2nd. September 1777 whereby General Putnam became entitled to the allowance of a Major General in a separate department while he held the command at the Posts where General McDougall commanded during the time for which he claims double pay. If Congress do not recollect any circumstances in the case of General Putnam which will vary it from that of General McDougall, it should seem that the latter is entitled to the same allowance with the former, and if Congress should be of this opinion it is conceived by the Board, proper that it be
Resolved, That Major Gen. M'Dougall be entitled to receive the allowance of a major general in a seperate department, during the time he commanded the posts in the highlands.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 525.]
On motion of Mr. [John] Henry, seconded by Mr. [Samuel] Adams,
Resolved, That when the governors or presidents of two or more states act in the field together, he who has been longest in office shall take rank of all other governors or presidents, except the governor or president of the state in which they are; who, in his own state, notwithstanding he may be youngest in office, always takes rank.
Resolved, That whenever the governors or presidents of states act in conjunction with continental troops, they shall, for the time they so act in conjunction, have the rank of major-general in the line of the army:
Provided always, that nothing in the above resolutions shall exclude the governor of any state from a seperate command over the militia of the state in which he presides, where not inconsistent with the particular views of the Commander in Chief.
On motion of Mr. [Robert R.] Livingston, seconded [by] Mr. [John] Armstrong,
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Resolved, That the half pay of general officers be proportioned to their pay.
Congress took into consideration the report of the committee on the letter of the 18th, from Governor Rutledge; and thereupon,
A further Report from the Committee on Governor Rutledge's Letter of the 18th. Instant
Resolved, That Congress will take the earliest Opportunity and use every means in their power to Effect the Exchange of the Lt. Governor of S. C. and other Citizens of thattaken at the surrender of Charleston or Elsewhere and new Prisoners of War or on Parole.
Your Committee recommend that part of said Letterer as respects the Ordering the Continental Regiment lately raised in Maryland to join the Southern Army be referred to his Excellency Genl Washington to give such directions thereon as to him shall appear most eligible in the present conjuncture, and that the remaining part of the Letter respecting a supply of arms and ammunition for the army under Genl. Gates be referred to the Board of War, to take order.1
[Note 1: 1 This report, in the writing of Thomas Bee, is in the Papers of the Continental Congress, No. 19, V, folio 259.]
Resolved, That Governor Rutledge be informed that Congress have paid, and will continue to pay, attention to all who have had the misfortune of being captivated by the enemy; and that those captivated at the surrender of Charlestown will equally share the care and attention of Congress with those captivated in any other of the United States.
Resolved, That the remaining part of Governor Rutledge's letter, respecting a supply of arms and ammunition for the army under Major General Gates, be referred to the Board of War to take order.
On motion of Mr. [Thomas] Bee, seconded by Mr. [George] Walton, Congress passed the following resolution:
It being represented to Congress that four good pilots for the coasts and bars of South Carolina and Georgia, are now in this city:
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Resolved, That the Board of Admiralty be and hereby are directed to retain them in the service of these United States, and engage them to remain here until the further order of Congress.
Resolved, That Friday, the 1st Sept. next, be assigned for electing a member of the Court of Appeals, in the room of the late Mr. Hosmer, deceased.
The committee to whom was referred the letter from F. Hopkinson, treasurer of loans, delivered in a report.
The Committee to whom was referred the letter from the Treasurer of Loans respecting the Board of Treasury, &c. beg leave to report.
That the indisposition of Mr Foreman one of the Commissioners of the Treasury delayed the Committee for some time from proceeding in the business to them submitted; but that on the 7th Inst. due notice was given to the Commissioners of the Treasury, who had received a copy of the letter from the Treasurer of loans three weeks before, that the Committee would meet in the Committee room of Congress in the State House on the Thursday following at nine o'clock in the morning on that business; that the commissioners, altho' they received a second notice from your Committee after they had met avoided attending upon them, whereupon they proceeded ex parte (as they informed the Commissioners they would do in case they did not attend) and heard the Treasurer of loans, the Commissioners of the Chambers of Accounts the Auditor General, the Treasurer, and Paymaster General; and thereupon they find, that there is great uneasiness in that Department and that the public business is likely to suffer great prejudice therefrom which is chiefly to be attributed to the following Causes, viz.
That the Board of Treasury have prohibited all access to them between the hours of nine and twelve in the forenoon, even by the officers in the Department, with whom they transact the most trivial affairs in writing only, not suffering the Commissioners of the Chambers to speak to them. That some time ago, when the treasurer of loans came upon public business to the door of the room, where the Treasury board sits between the hours nine and twelve, Mr Foreman shut the door in his face, and has also treated him with unmerited indignity on other occasions.
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That the orders issued by the Board have been often incorrect, and sometimes unintelligible and impracticable to be executed, and that in particular one standing order to the Treasurer not to pay money on the Warrants of Congress without the special direction of the Board, is a dangerous usurpation of power, opens a door to partialities and resentments and has a tendency to destroy the honor and credit of the United States.
That the behavior in office of Messrs. Foreman and Gibson two of the Commissioners of the Treasury and of Mr Lee Secretary of the Board, to the Executive officers in that Department, and also to others who have frequent business to transact with the Board is very reprehensible, extremely disgusting, and has destroyed all friendly Communications of councils and harmony in the execution of public affairs. That your Committee observe great inconveniences have arisen from the mode of appointing the Clerks of the Chamber of accounts
Whereupon your Committee propose the following Resolutions viz.
Resolved,
That Gentlemen be put in nomination as Commissioners of the Treasury in the room of Ezekiel Foreman and John Gibson Esqrs. on -- next, and that two be elected on the day after.
That a Secretary to the Board of Treasury be nominated and elected at the same times in the Stead of Mr Charles Lee.
That the Commissioners of the respective chambers of accounts have the appointment, removal and direction of their own clerks.1
[Note 1: 1 This report, in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 19, III, folios 175 and 177. It is indorsed by Charles Thomson: "Delivered August 25, 1780; Read; Sept. 7 motion for recommittment; 9 Recommitted."]
Adjourned to 10 o'Clock to Morrow.
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