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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, JANUARY 8, 1781
A memorial from John Macpherson was read.
A memorial from John Henderson, in behalf of O. Pollock, was read:1
[Note 1: 1 Macpherson's memorial is in thePapers of the Continental Congress, No. 41, VI. folio 207; Henderson's is in No. 41, IV, folio 165.]
Ordered, That the consideration of the report of the committee on Mr. Henderson's former memorial be taken into consideration to Morrow.
A letter, of 7th, from the committee appointed to confer with the supreme executive of Pensylvania was read.2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 152, IX, folio 447.]
A report of the Board of Treasury on the letter, of 2, from A. Lee, esqr, was read:
Ordered, That the same, together with the report of the chamber of accounts on Mr. Lee's account, be referred to a committee of three.
The members, Mr. [Abraham] Clark, Mr. [Thomas] Burke, Mr. [Isaac] Motte.
On motion of Mr. [Abraham] Clark,
Ordered, That the resolution on the report of the committee on the memorial of Mr. McConnel, passed the 4th instant, be reconsidered, and the words, "to be calculated in both cases by the rules established for that purpose", contained in the said resolution, be cancelled.
Ordered, That the warrant drawn, the 2d December last, on the treasurer, in favour of Captain Joseph Traversie, for one thousand six hundred and twelve dollars and nine ninetieths and 3/8 of a ninetieth, in bills of credit emitted pursuant to the act of the 18th March last, be cancelled and in lieu thereof a warrant drawn on Thomas Smith, commissioner of the continental loan office in the State of Pensylvania, for a like sum in favour of Captain Joseph Traversie, for the purpose mentioned in the warrant aforesaid.
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A letter, of 22 December last, from the governor of the State of Massachusetts, was read, with sundry papers enclosed:1
[Note 1: 1 The letter and papers are in thePapers of the Continental Congress, No. 65, I, folios 480--500.]
Ordered, That the same be referred to a committee of three.
The members, Mr. [Samuel] Adams, Mr. [James] Duane, Mr. [Thomas] Burke.
A letter, of 2, from General Washington, was read.2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 152, IX, folio 425. It is printed in theWritings of Washington (Ford), IX, 85.]
A report from the Board of War was read; Whereupon,
Ordered, That the resignation of Lieutenant Henry Stroop, of Colonel Flower's regiment of artificers, be accepted.3
[Note 3: 3 This report is in thePapers of the Continental Congress, No. 147, VI, folio 67.]
Resolved, That Colonel Broadhead be informed, that it will be agreeable to Congress to receive the visit proposed to be made to them by some of the friendly Delaware Indians in the spring, as mentioned in his letter of the 7th of last month to the Board of War:
That Colonel Broadhead be also informed, that Congress will support, as far as their abilities will permit, such of the Indians of the Delaware tribe, as shall voluntarily engage in the service of the United States against the common enemy.4
[Note 4: 4 This report is in thePapers of the Continental Congress, No. 147, VI, folio 59.]
A report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of Mr. [William] Floyd, a delegate from the State of New York, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twelve thousand dollars, for which the said State of New York is to be accountable:
In compliance with a resolution of Congress of the 25th. September last
The Board report as their opinion,
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That John L Clarkson and Cornelius Comegys Clerks in the Treasury Office have and receive a salary at the rate of five hundred dollars per annum paid quarterly in specie or other current money equivalent1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 13.]
That on the application of Richard Philips, steward to the President of Congress, a warrant issue on Thomas Smith, commissioner of the continental loan office for the commonwealth of Pensylvania, in his favour, for fifteen thousand dollars, for the use of the President's household, and for which the said steward is to be accountable:
That on the application of John L. Clarkson, clerk to the Board of Treasury, a warrant issue on the treasurer in his favour for eight thousand dollars old emissions, in part of the salary now due him, and for which he is to be accountable:
That on the application of Patrick Ferral, a clerk in the auditor general's office, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for one hundred and fifty dollars new emission, in part of the salary now due to him, and for which he is to be accountable:2
[Note 2: 2 This report is in thePapers of the Continental Congress, No, 136, V, folio 5.]
Treasury OfficeJanuary 5, 1780[1]
The Board of Treasury have considered the memorial from Major C. Holmer to the Delegates of Virginia read in Congress Jany 3rd. and referred to the Board to take order.
The Board have no doubt of the justness of Major Holmer's claim, but consider it entirely out of their line of duty to determine whether money ought or not to be advanced to the Major. In the opinion of this Board this Memorial would have come properly under the consideration of the Board of War, but if it be the pleasure of Congress to consider this a particular case and choose to make the Major an advance, the Board submit the following resolution.
That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in
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favour of John Pierce, deputy paymaster general for the main army, for two hundred and sixty-six dollars in the bills of credit emitted pursuant to the act of Congress of the 18th of March last, to enable the said deputy paymaster general to advance that sum to Major C. Holmer, and for which the said John Pierce is to be accountable:
January 7th. 1781
The Board beg leave to lay before Congress the report of the Chamber of accounts and the Auditor General on the accounts of the honble Arthur Lee Esq. late Minister of the United States at the Court of Versailles &c, upon which the Board, in consequence of the Letter of the said Mr Lee of the 2nd. inst to the President of Congress referred to the Board: beg leave to make the following observations and beg to receive the directions of Congress thereon. That with respect, to the acknowledgement of Mr Lee of the sum of 375,000 Livres some accounts must be instituted and credited in the books at the Treasury, and thus it seems for the reasons assigned by Mr Lee can only be declared by Congress.
That to comply with the rules laid down in the Treasury for the liquidation of accounts the accountant ought to produce the authority by which he acted and the vouchers to support his account: therefore to dispense with these requisites in the present; instance it will be necessary that Congress should give directions.
Pursuant to an order of Congress of the 4th instant the Board report,
That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Cornet Brayman, for three hundred dollars of the new emissions, in full for his pay, depreciation and every other demand he may have against the United States as an officer:1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 9.]
Treasury OfficeJany. 2nd. 1781
The Board of Treasury having considered a letter from Chas Pettit Esq Asst. Quarter Master General dated Decr. 22nd. 1780 (herewith transmitted to Congress) beg leave to report the following resolution.
Resolved, That for the prevention of frauds and abuses injurious
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to the public interest in settling the rate of depreciation by the persons empowered to examine and adjust accounts in pursuance of the Acts of the 18th. of March and 26th of August last the value of the Continental bills of credit, compared with specie at the time the money became due, at the place where the supplies were furnished shall be ascertained according to the table of depreciation, as settled by the resolution of Congress of the 28th. of June last.
The Board having taken into consideration a letter from John Lloyd dated Novr. 10th. 1780 (referred to them by Congress) beg leave to report.
That the account referred to in the said letter was under consideration of the Board and reported upon to Congress on the 23rd. day of March 1780 in the following words, "That thePostponed account of John Lloyd appears to be for purchases made in the Department of the late Joseph Trumbull late Commissary General: That the accounts of the said Department are not yet finally settled, and therefore it cannot appear whether any balance is due from the United States thro' the same. That on mature reflection they are of opinion that payment of particular balances due from the Department of the late Commissary General Joseph Trumbull, ought to be deferred until the final adjustment of the accounts of the Department, notwithstanding the late report of the Board for the payment of a balance due to Mr Fisher.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 199; a copy of the portion relating to Chas. Pettit is on folio 15, and Pettit's letter, of December 22, 1780, is on folio 17.]
Ordered, That so much of the report of the Board of Treasury as relates to the letter of C. Pettit, A. Q. M. G., dated 22 December, together with the said letter, be referred to a committee of three.
The members, Mr. [George] Clymer, Mr. [Samuel] Johnston, Mr. [Jesse] Root.
The Board of War, to whom was referred the letter of 15 November from the governor of New York, with the letter from Colonel Malcolm enclosed, delivered in a report; Whereupon,
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At a Board of WarJany 2nd. 1781
Present Mr Peters
Genl. Cornell
The Board having considered the letter of Govr. Clinton of Novr 15th. and the letter from Col Malcolm enclosed therein, which were referred to them, beg leave to inform Congress.
That it appears to the Board that in the Spring 1779, the regiments of Spencer and Malcolm, two of the sixteen additional regiments were consolidated, but the field officers of the line of additionals, so far as appears to the Board were not in every instance arranged. The Commander in Chief recommended to Colonels Spencer and Malcolm to acommodate with each other, so as to settle who should take the command of the regiment, but no agreement between Colonels Spencer and Malcolm appears. Col Spencer was in the actual command, and so continued 'till the last arrangement, and Col Malcolm retired unwillingly from actual duty in the line, having occupied himself during the period of his discontinuing the command in the line some times in performing the duty of Adjutant General of the Northern Army and sometimes commanding Militia of the State of New York, under his Continental Commission which does not appear to be superseded by any positive act; but on the contrary by resolve of the 19th. of June 1778, it is determined, "That Col William Malcolm Dy. Adjutant Genl in the Army now under Genl Gates, be permitted to hold his rank in the Army and his regiment if the same shall be kept up in the new arrangement now making." Whether or not his holding the rank without the regiment entitles him to pay, Congress will be pleased to determine. Should they be of opinion that he is entitled to pay and rank, it will then in the opinion of the Board be proper to resolve.
That Col William Malcolm be permitted to retire from the service of the United States, and receive all the benefits to which Officers of his rank are entitled by any resolution of Congress on retiring from service.
If on the contrary Congress should be of opinion that the rank only was continued, they will please to resolve--
Resolved, That, in the opinion of Congress, Colonel William Malcolm cannot be considered as entitled to pay and subsistence as a colonel in the service of the United States, longer than he held the actual command of his regiment; and that
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he be recommended to the executive of the State of New York as a meritorious officer, who, from the impracticability of employing him in the army, is to be deemed a supernumerary under the resolution of Congress of the 24 day of November, 1778.
And whereas Colonel Malcolm has been employed, after his leaving his regiment, on sundry occasional services:
Resolved, That it be referred to the executive of the State of New York to settle and adjust his pay during the time of such services, and charge the same to the United States.1
[Note 1: 1 A copy of these resolutions, as an extract from the minutes, is in thePapers of the Continental Congress, No. 78, XVI, folio 387. The report is in No. 147, VI, folio 69.]
The committee, to whom was referred the report of a committee on letters from General Washington, &c of December 8, delivered in a report; Whereupon,
Resolved, That it be earnestly recommended to the states, from New Hampshire to North Carolina, inclusive, to procure and forward to the treasurer of the United States, or to their commissary of prisoners, appointed to reside at New York, by the 1st day of March next, for the use of the officers in captivity at that place, and on Long Island, and to be charged to the United States, the following sums respectively, in specie, or bills of exchange on New York, viz.
Resolved that it be permitted to such of the said States as cannot provide their respective proportions within the limited time in specie or bills aforesaid, to export to New York lumber, boards, seantling, iron, hemp, tar or pitch to be consigned to the American commissary of prisoners sending them in sufficient quantity to procure the same.
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Postponed]That to prevent a repetition of the distresses to which the want of specie has exposed the officers of the United States in captivity it be further recommended to States above named to procure and transmit to the Treasurer of the United States half yearly during the war reckoning from the first day of March next, the sum ofdollars in specie in the proportions above assigned; to the same to be credited to the said states respectively.
1[Note 1: 1 This report, in the writing of James Madison, is in thePapers of the Continental Congress, No. 19, VI, folio 329.]
Congress took into consideration the report of the committee on the memorial of W. Peck, and, after debate, the same was set aside by the previous question.
Congress proceeded to the election of an adjutant general, and, the ballots being taken, Brigadier General Hand was elected.
Adjourned to 10 o'Clock to Morrow.
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