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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, NOVEMBER 9, 1780
A memorial of the reverend James Sproat and Elihu Spencer was read; Whereupon,2
[Note 2: 2 This memorial, dated November 9, 1780, is in the Papers of the Continental Congress, No. 41, IX, 129.]
Resolved, That the hospital chaplains having been discontinued, the Commander in Chief be, and hereby is, directed to appoint brigade chaplains from the army, from time to time, to attend the established hospitals.
A report from the Board of War was read; Whereupon,
At a Board of War. Novr 9. 1780
Present Mr Peters Col. Grayson, Genl. Ward
The board have the honor to enclose a letter from Col Henry Lee, requesting payment for three horses which he purchased, immediately after purchasing the six Congress ordered payment for on the 22d of July last--but previous to the determination of Congress thereon--It would have been lucky had these horses been included in the former application. Col. Lee alledges that immediately after purchasing them, he was ordered to Camp, and neglected to apply for payment, trusting that as in former cases, he could have the matter settled at any time he had leisure to attend to it. Should it be the
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opinion of Congress that the horses should be paid for, the Board beg leave to report
That the Qr Master Genl. be directed to pay Col. Henry Lee for three horses purchased some time ago for the use of his Corps, he producing proper vouchers.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 647.]
Ordered, That the Board of War take order for the payment of the three horses reported to be purchased for the use of Lieutenant Colonel Lee.
Resolved, That the officers of cavalry be enjoined to make no purchases of horses on public account without the order of Congress.
A report from the Board of Treasury was read; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Mr. [Francis] Kinloch, for eleven thousand and fifty eight dollars, to discharge an order drawn by J. Rutledge, on the delegates of South Carolina in Congress, for that sum, in favour of Paul Trapier, Esquire, dated the 14 of May, 1780; and for which the said J. Rutledge is to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, IV, folio 715.]
The committee on Colonel Pickering's and J. Neilson's letters, delivered in a report, which was read.
The committee, to whom was referred the letter from John Lawrence, judge advocate general for the army, delivered in a report; Whereupon,
The Committee to whom was referred the letter from John Lawrence Esq. Judge Advocate General for the army beg leave to Report,
That Mr Lawrence succeeded to the office of Judge Advocate General of the Army on the 11th of April 1777 in the Room of Col. Tudor who resigned, the pay then being established at 60 dollars per month. That on the 27th. of March 1778 Congress augmented the pay to 75 dollars per month. And on the--day of August last it was fixed at 50 dollars per month. That he conceives this allowance inadequate for his support, and request an augmentation of his future pay and an allowance for past deficiencies from the depreciation of the
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money. That it appears by a certificate from the pay office of the army dated the 25th of October last that he has drawn his pay only to the 21st of October 1779 and that since that period he has received 2000 dollars on account from the pay office, and that 2000 dollars more were advanced him on the order of the Commander in Chief to defray his expences to Philadelphia.
That by a certificate from the Commander in Chief communicated to your Committee and dated the 29th. of October last, it appears that Mr Lawrence has uniformly discharged the duties of his office with great uprightness diligence and ability, by which he has acquired the esteem of the army and merited the consideration of his Country.
That by a certificate of Mr Lawrence herewith presented it further appears that John Strang has acted as Deputy Judge Advocate since some time in the year 1779, under the appointment of Major General MeDougall, then commanding West Point and its dependencies in which Department he has been ever since employed, and that he does not belong to the line of the army.
That Lt. Thomas Edwards has acted as Deputy Judge Advocate with the main army since some time in April Last under the appointment of the Commander in Chief and that Lieutenant Edwards belongs to the Line of the Army.
That no pay has hitherto been provided by Congress for either of the said Deputies.
On this State of Facts your Committee beg leave to submit the following Resolutions.
Resolved, that the salary of John Lawrence Esq. as Judge Advocate be settled at the rate of sixty dollars per month from the time of his appointment to the 27th March 1778 and from that day to the 1st of August last at the rate of 75 dollars per month. That the depreciation on his pay shall be adjusted on the same principles as are directed with respect to that part of the Line of the army which is to be provided for by Congress. That from the 1st. of August last the pay and appointments of the Judge advocate of the Army in lieu of all other provision heretofore made shall be the same in all respects as are established for the Chief Physician of the army.
That Mr Edwards besides his pay as a Lieutenant shall be entitled to an addition of fifteen dollars per month as Deputy Judge Advocate for the time he has or shall discharge the duties of that office; and that Mr Strang shall in all respects excepting the Rank of Lieutenant be entitled to the pay and appointments provided for Mr Edwards
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for the time he hath or shall continue to discharge the office of a Deputy Judge Advocate.
Ordered, That a warrant issue in favour of the paymaster general, for twenty thousand dollars, to be paid to John Lawrence, judge advocate general, on account of his pay; and for which the said paymaster general is to be accountable.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, III, folio 485. It is indorsed by Charles Thomson: "Passed November 10, 1780."]
Ordered, That the farther consideration of the report be postponed.
Congress resumed the consideration of the draught of a circular letter to the states, and agreed to the same, as follows:
Sir,
Fully convinced of our inability to obtain the grand object of the federal union without the vigorous exertions of the several states, we have thought it our duty to make the requisitions contained in the enclosed resolutions; and we wish our constituents to be impressed with the necessity of a speedy and punctual compliance. For although, by the blessing of Providence, we have been conducted thus far in a war with a powerful and enraged enemy, yet the events of the present year have not enabled us to speak the language of triumph. This indeed may be attributed to a variety of causes; but we cannot refrain from observing, that the unpunctuality of the states in their supplies of men, money, and provisions, is not one of the least. It is unnecessary to point out the public wants and distresses. They are too well known, too generally' felt. Hitherto the war has been carried on principally by emissions of paper money. This being depreciated, and Congress having, in compliance with the general inclination and voice of their constituents, resolved to stop farther emissions, we are compelled to call upon the states for taxes and specific supplies.
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An opinion seems to prevail, that foreign loans can be obtained; and we perceive with regret that some are disposed to place too great reliance on this precarious event resource. Duty compels us to be explicit with our constituents on a subject of such interesting importance. Every effort has been made for the purpose of procuring loans, but without sufficient success to justify a relaxation of our own most vigorous exertions.
We are urging to his Christian Majesty the pressing necessities of these United States. But sensible as we are of the expensive and vigorous co-operations of our ally against the common enemy, wisdom forbids a reliance on him for farther aids of money. What we have principally to hope from our generous ally is a credit for arms ammunition and cloathing. Everything else necessary to expel the enemy except the military co-operations of France and Spain must depend on our own internal resources and efforts under the blessing of divine providence and we trust that from a due attention to the inestimable rights of America the States will be roused to those efforts.
It is to be observed, that a powerful armed neutrality appears to be formed in Europe, determined to support the freedom of commerce. Should overtures of peace be the result of a convention of the neutral powers, is it not our interest, is it not our indispensible duty, to be prepared for such an event? Our object is of the greatest magnitude--the security, freedom and independence of the United States; and experience evinces that no nation can promise itself a safe and honorable peace which is not in condition to maintain a war with vigour. We are confident there is no want of ability in the states to do this. Can arguments then be necessary to call forth every internal resource, which may contribute to put a happy period to the war? Is it not high time to expel from our country an enemy, whose progress is marked with blood and desolation, and whose successes inspire them only with redoubled vengeance?
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The estimates may appear large, but we conceive them to be absolutely necessary. To the utmost of our power we have endeavoured to correct abuses in the public expenditures. We have called for the aid of the respective executives. Again we recommend this essential object to their attention. Nothing on our part shall be wanting which may contribute to promote the strictest (economy in dispensing the supplies now required. We have only to add our earnest desire that no time may be lost; and should the legislature of your State not be in session on the receipt of this letter, that it may be immediately convened.
By order, and on behalf of the United States in Congress assembled.1
[Note 1: 1 This circular letter was also entered in the manuscript Secret (Domestic) Journal. A copy in Thomson's writing is in the Papers of the Continental Congress, No. 24, folio 297. A rough draft, also in Thomson's writing, is in No. 47, folio 345. The original draft of the letter, in the writing of John Morin Scott, is in No. 24, folios 283--289. The following version of the letter, in Thomson's hand, is in No. 24, folio 29½; it was made from the rough draft in John Morin Scott's hand, with slight amendments:
Sir,
Strongly impressed by the urgent necessity of a compliance with the enclosed estimate and fully convinced of the total inability of Congress to obtain the grand objects of the war without the vigorous exertions of these United States upon the plan therein proposed, they have thought it their indispensible duty to lay it before their constituents. They wish in doing this, the reasons they now offer in its favor may command an attention proportionate to their importance.
For though with a variety of successes and misfortunes we have hitherto waged a war against one of the most powerful nations on earth, Congress must observe that the events of the present year have not enabled them to speak the language of triumph. This may indeed be attributed to a variety of causes, among which they cannot refrain from observing that the unpunctuality of the states in their supplies of men, money and provisions is not one of the least.
A powerful armed neutrality formed in Europe appears determined to support the freedom of commerce. Should overtures of peace be the consequence of a convention of the neutral powers, is it not the interest, is it not the indispensible duty of these United States to be prepared for such an event. Our object is of the greatest magnitude, no less than the security of the freedom and independence of the United States, and experience evinces that no nation can promise itself an honorable peace which is not in condition to carry on the war with vigour.
Congress with regret perceive that an opinion prevails that foreign Loans will enable us to prosecute the war with vigour and success. They are therefore bound in duty to undeceive their constituents. The truth is, they have made every possible exertion to obtain them; but those exertions have hitherto proved inadequate. They are now urging to his most Christian Majesty the pressing necessities of these United States, supported by every argument in favor of a loan, which the common cause and sound policy can suggest. But Sensible as they are of the generous aids of our good and great ally, it is not to be concealed that expensive and vigorous cooperations against our common enemy deprive his most Christian Majesty of the pleasure of complying with all our requisitions, and as the effect of our applications is dubious, wisdom forbids too great a reliance on the endeavours of Congress in this respect. What they have principally to hope from their generous ally is a credit for arms, ammunition and cloathing. Every thing else necessary to expel the Enemy except the military co-operations of France and Spain must chiefly depend on our own internal resources and efforts. This is the summary of our affairs, and the question is whether by a combination of exertions, these states are determined to expel the enemy. Congress is confident that there is no want of ability in them to do it. They are, on the contrary, convinced that nothing but a non-exertion of those powers which they enjoy will prevent.
A compliance with the estimate they enclose will, they conceive, be absolutely necessary. Congress cannot be charged with a remissness on their part. Should unhappily the liberties of America be in any degree impaired, this besides former testimonials on their journals will show the world that they have done every thing in their power to preserve them.
Congress wish to add that those legislatures which will not be in session on the receipt of this circular letter may be immediately convened. Duty compels Congress to be explicit with their constituents on a subject of such interesting importance. Not only they, but the people at large, feel the public distresses. Congress are therefore constrained to point out the particular causes.
The war has hitherto been carried on by emissions of paper currency. Those emissions by means well known to the public have been depreciated. Congress resolved in compliance with the general inclination of their constituents, to stop-their emissions of continental money; in consequence of which they are obliged to call on them for taxes and specific supplies. Upon this basis therefore, until our late plan of finance and such auxiliaries as may be necessary can have proper effect, our efforts in the war must necessarily depend. Shall we not then from a due attention to the inestimable rights of America, be roused to every effort? These rights, for their Support, principally depend upon our internal exertions under the blessing of providence; and too great a reliance on foreign powers may render them precarious.
To the utmost of our power we have endeavored to correct abuses in the expenditure of public money. We have called for the aid of the respective executives. Again we recommend this essential object to their attention. Nothing on our part shall be wanting, which may contribute to promote the strictest (economy in dispensing the supplies which are now required.]
Adjourned to 10 o'Clock to Morrow.
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