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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 16, 1780
A letter, of 2, from James Gray, deputy commissary general of issues in N[orthern] D[epartment], was read, desiring leave to resign on account of his ill state of health.
A letter, of 10, from Charles Stewart, commissary general of issues, was read, respecting the resignation and settlement of the accounts of James Gray, deputy commissary general, at Albany, and proposing that James Gamble, who is now in the department with the grand army, may be appointed to conduct the business heretofore under the charge of Mr. Gray, until the settlement of Mr. Gray's account; Whereupon,2
[Note 2: 2 Gray's letter is in the Papers of Continental Congress, No. 78, X, folio 273; Stewart's is in No. 78, XX, folio 571.]
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Resolved, That Congress approve of the said proposal; that the said commissary general be directed to carry the same into effect; and Mr. Gray settle his accounts without loss of time.
A report from the Board of Treasury was read; Whereupon,
The Board beg leave to represent to Congress,
That on the Application and Estimate of Ephraim Blaine, Esq., Commissary General of Purchases approved by the Board of War with the memorial of Matthew McConnell, Robert Burns, Samuel Alexander, Charles White and John James to Congress and referred to this Board, with sundry other papers relative to the buying & seizing of Rum for the Use of the Army; also Major General How's Letter of the 17th of October last on the Subject also referred from Congress; all which papers appear to be regular and are filed at this Board, the several Claimants preferring Payment in the old Currency agreeably to the Resolution of Congress of the 26th of August last, The Board submit the following Resolution:
Resolved, That the following warrants issue in favor of Ephraim Blaine Esq. Commissary General of Purchases and for which he is to be accountable.'
Ordered, That on the application and estimate of Ephraim Blaine, commissary general of purchases, approved by the Board of War, and a memorial of Matthew McConnell, Robert Burns, Samuel Alexander, Charles White and John James to Congress for the payment of rum seized for the use of the army, the following warrants issue in favour of the said Ephraim Blaine; for which he is to be accountable; viz.
One on Gerard Bancker, Esquire, treasurer of the State of New York, for six hundred forty seven thousand eight hundred and ten dollars:
Another on John Stevens, Esquire, treasurer of the State of New Jersey, for two hundred and eighty one thousand four hundred and thirty five dollars;
And another on the president and supreme executive council of the Commonwealth of Pensylvania, for two
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hundred and sixty eight thousand and forty nine dollars and thirty ninetieths of a dollar, part of the monies raised in the said States respectively for the use of the United States.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 717.]
The committee appointed the 13th of April last, to repair to headquarters, laid before Congress their proceedings and a report thereon.
The Committee who were appointed on the 13th day of April, 1780, to repair to Head Quarters, and whose powers were extended by subsequent acts of Congress, beg leave to report,
That such of their proceedings as were deemed necessary to be made matter of record, are contained in the preceding pages from No. 1 to 338 inclusive.
The Committee beg leave to observe, that in their letter of the 16th day of July last, to General Greene, Q. M. General, copy whereof they transmitted to Congress, on the 18th of the same month, they assigned the reasons which induced them to give an opinion on the degree of responsibility to which the Quarter Master General ought to be held; That at the time they gave their opinion Congress had not determined on the matter; and it appears by the Journals of Congress that no resolution was passed on the subject until the 24th day of July; nor did the Committee receive the resolution passed on the day last mentioned, until the 3rd day of August; That although the Committee was advised that General Greene had requested the sense of Congress on the subject, prior to their opinion, yet they trusted that not only the urgent necessity of the case, at a most critical Juncture, when the Quarter Master General refused to act without the decision of the Committee, would have fully justified the proceeding on the part of the Committee; but they conceived themselves fully authorized to give an opinion on the subject by the Instructions of the 13th day of April, in which they were "fully empowered to carry into execution any plan for conducting the Quarter Master's and Commissary's department, which upon advice with the Commander in Chief, and the heads thereof, the Committee shall approve;" That, it appears to this Committee, they might under those instructions have made the degree of responsibilIty alluded to, a part of the system, had they deemed it necessary, and have established and published such
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system, with the advice of the Commander in Chief, even without referring the same to Congress for approbation, because they were not required by the Instructions to request such approbation, and that for the reasons now assigned, had no other been given, they cannot conceive their conduct reprehensible for interfering in the business, as Congress implies it was in their resolution of the 2d of August.
That the Committee, in their letter of the 18th of July, addressed Congress in the words following: "Colo. Hazen has presented us a memorial, accompanied with other papers marked E; as it is far from being within the line of our duty to decide upon the contents, we transmit them to your Excellency for the inspection of Congress. A Monsieur Garanger has also put into our hands a memorial F, which for similar reasons we also transmit." That the Committee can not possibly discover, that the mere transmission of papers, which did not convey the most remote insult on Congress, would have drawn on them from their compeers, the severe censure conveyed in the following extract from their other resolution of the said 2d day of August: "That the memorial of Colonel Hazen, with the papers enclosed, and the letter from Lewis Garanger, both which are enclosed and referred to, in the letter from the Committee, be referred to the consideration of the Board of War; but, that the Committee, at Camp, be informed that the said memorial and letter, together with other applications made to them, and which seem to have employed their time and attention, should have been made directly to Congress, and the Committee should have thus informed the applicants."
Jno Mathews
Nathl Peabody.1
[Note 1: 1 This report is in the Papers of the Continental Congress, Committee Book, 1780, Proceedings o[ the Committee appointed the 13th of April, 1780, folio 339; a draft, in the writing of Philip Schuyler, is in No. 39, I, folio 236.]
November 1st, 1780.
Congress took into consideration the report of the committee on the letter, of 12, from E. Blaine; during the debate,
The delegates for Pensylvania laid before Congress an extract from the minutes of the general assembly of the State of Pensylvania, which was read in the words following:
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"In General Assembly,
Thursday, 16 November, 1780, A. M.
Resolved, That a committee of five be appointed to request the honorable Congress to appoint a committee of their body to confer with them on the expediency of taking off the embargo on provisions in this State.
The gentlemen appointed were Mr. DeIany, Mr. Wynkoop, Mr. Mifflin, Mr. Galbraith and Mr. Slough.
Extract from the minutes,
Samuel Stereo, Clerk."
Whereupon,
Ordered, That the report be re-committed, and that the committee be empowered to confer with the committee of the honorable the general assembly of Pensylvania on the subject mentioned in their resolution above recited.
A petition of Ezekiel Forman and John Gibson was read; Whereupon,
On motion of Mr. [Thomas] McKean,
Ordered, That three members be added to the Committee on the Treasury affairs, in order to hear the complaint of the commissioners of the Board of Treasury against the commissioners of the chambers of accounts.
The members chosen, Mr. [Thomas] Bee, Mr. [Artemas] Ward and Mr. [William] Sharp.
Ordered, That the report of the Board of War, of 11th, respecting powder and their report, of the 4, respecting cloathing, be referred to the Committee of Estimates and Ways and Means.
War Office, Nov: 11, 1780
Sir,
The Board do themselves the honor to lay before Congress, a State of the powder now in the Ordnance department, as also the estimate of Genl. Knox transmitted to them, the last summer, when the Commander in Chief had it in contemplation to lay siege to New York: by which it will appear that there is still a deficiency of 7779 barrels, on a supposition that an attempt of this sort will be made in the course of the ensuing year.
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The Board have not been made acquainted with the views of Congress with respect to the future operations of the War, but from the number of troops voted, and other circumstances which have come to their knowledge, they are led to suppose that an offensive campaign is intended; in which case the garrison of New York will naturally become an object; if it is designed that our operations shall be confined altogether to the attainment of this particular end, it will in that case be absolutely necessary that the quantity above mentioned should be previously imported; but if Congress mean to extend their views farther, and also meditate the reduction of Charlestown, it will then be proper to provide a double quantity.
The Board beg leave to inform Congress, that application has already been made to the Court of France by the estimate of June 30, 1779, for 5000 barrels of Cannon powder. If this should be complied with there will still be a deficiency of 2779 barrels in the quantity necessary for the operations against New York. Should Congress think proper to make provision for the siege of Charlestown, the farther quantity of 11,720 barrels ought to be procured.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 655.]
War Office Nov: 4, 1780
Sir,
The Board beg leave to lay before Congress, the enclosed letter from Major Genl the Baron Steuben mentioning the disposition of the Minister of France to transmit a requisition for clothing and other necessaries for the Officers and Soldiers of the American army.
The Board beg leave to recommend that Congress would be pleased to request the Court of France to complete such part of the estimate heretofore sent as has not been already complied with.
This measure we offer with much deference and request that it may be considered as flowing from our anxiety for the service and not from any desire to interfere in arrangements not immediately committed to us by Congress. We conceive it will be impracticable to collect estimates from the several departments in time, tho' we have called for them agreeable to the directions of Congress so soon as their orders were signified to us, but we have not yet received them. We are of opinion that a more accurate estimate cannot be made out at this time. It is for more articles than the supply of the army in its present establishment demands, but considering the risques of their not wholly arriving and that if we are fortunate
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enough to receive them all they will be wanted in a future campaign, we are convinced the estimate is not inordinate. It has also the advantage of being in possession of the Commissioner or Minister of these States in France and therefore not subject to miscarriage.
It will too be, no new demand. But these arguments if the measure is approved of will no doubt suggest themselves to Congress.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 659.]
At a Board of War Nov 13 1780
Present Mr Peters Col Grayson
The Board having reconsidered their letter on the subject of Officers sent on command, beg leave to add the following clause--
Provided that if it shall at any time be necessary for an Officer to proceed on public business by order of the Commandant of a separate post or detachment not being part of the cantonments or out posts or in the vicinity of the grand or separate army, but at such a distance from the same that application cannot be made to the Commander in Chief or Commander of a separate army, or the Adjutant General or Deputy Adjutant General thereof, the expences of such Officer shall be paid by the United States on the certificate of the commanding officer of such separate post or detachment and the accounts settled by the Auditors of the army in the manner aforesaid, or the Officer having such accounts joining either of the said armies, or in case there shall be an Auditor attached to such separate post or detachment then the accounts shall be settled by such Auditor.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 667. It was read, as the indorsement shows, November 16.]
Adjourned to 10 o'Clock to Morrow.
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