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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 --SATURDAY, FEBRUARY 3, 1781.
Mr. Thomas Smith, a delegate for Pensylvania, attended, and took his seat.
A report from the Board of War was read; Whereupon,
At a Board of WarFeby 2nd. 1781
Mr Peters
Genl. Cornell
The Board beg leave to inform Congress that there are more than 400 prisoners in goal in this City who have on several occasions manifested a mutinous disposition, and there being at this time several circumstances which would favor any attempt they might make to escape, particularly the sourness of the Invalid regiment, which dissatisfied as the Men are, amounts to no more than eighty fit for duty, a number too small to do the duty of this City, were they ever so hale and robust. Whereupon the Board submit the following report:
Resolved, That it be recommended to the supreme executive of the State of Pensylvania, to call out to do duty in the City of Philadelphia for thirty days, if not sooner discharged, one hundred rank and file of the militia, properly officered.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 147, VI, folio 127.]
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The order of the day was called for, when a motion was made by Mr. [John] Witherspoon, seconded by Mr. [Thomas] Burke,
That it is indispensably necessary that the United States in Congress assembled, should be vested with a right of superintending the commercial regulations of every State, that none may take place that shall be partial or contrary to the common interest; and that they should be vested with the exclusive right of laying duties upon all imported articles, no restriction to be valid, and no such duty to be laid, but with the consent of nine states. Provided, that all duties and imposts laid by the United States in Congress assembled, shall always be a certain proportion of the value of the article or articles on which the same shall be laid; and the same article shall bear the same duty and impost throughout the said states without exemption: and provided that all such duties and imposts shall be for the perfecting of certain specified purposes, which purposes being perfected, the said duties and imposts so appropriated, shall cease: provided also, that the United States in Congress assembled, shall not be empowered to appropriate any duties or imposts for perpetual annuities, or other perpetual or indefinite interests, or for annuities for more than three lives at the same time in being, or for a longer term thanyears;and provided that when any duty or impost shall be laid on any article of the growth or produce of any state, or upon any article not imported into the United States, the net proceeds of such duties and imposts shall be placed to the credit of the State producing the said article or paying the said duty or impost; and such duties and imposts shall cease to operate in the states respectively so soon as their respective quotas of the appropriated fund shall be discharged.
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On the question to agree to this, the yeas and nays being required by Mr. [John] Mathews:
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So it passed in the negative.
Congress resumed the consideration of the report of the Committee of the Whole:
And on the question, to insert the words moved to be inserted, the yeas and nays being required by Mr. [Thomas] Burke:
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So it was resolved in the affirmative.
The report from the Committee of the Whole, being amended, was agreed to as follows:
Resolved, That it be recommended to the several states, as indispensably necessary,1 that theypass laws granting to vest a power in Congress, to levy for the use of the United States, a duty of five per cent.ad valorem, at the time and place of importation, upon all goods, wares and merchandises of foreign growth and manufactures, which may be imported into any of the said states from any foreign port, island or plantation, after the first day of May, 1781; except arms, ammunition, cloathing and other articles imported on account of the United States, or any of them; and except wool-cards and cotton-cards, and wire for making them; and also, except salt, during the war:
[Note 1: 1 From this point the entries are by George Bond.]
Also, a like duty of five per cent on all prizes and prize goodstaken on the high seas and brought into any of the said states and libelled and condemned in the court of admiralty of any of these states as lawful prize:
That the monies arising from the said duties be paid quarterly into the hands of such persons as Congress shall appoint to receive the same.
That the monies arising from the said duties be appropriated to the discharge of the principal and interest of the
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debts already contracted, or which may be contracted, on the faith of the United States, for supporting the present war:
That the saidlaws be continued in force and the duties aforesaid collected and paid as aforesaid be continued until the said debts shall be fully and finally discharged.1
[Note 1: 1 At this point Charles Thomson resumed the entries. A copy of this report, in the writing of Charles Thomson, is in thePapers of the Continental Congress, No. 36, IV, folio 43. The following is indorsed "Motion for amendment." It is in James Madison's writing, and is in thePapers of the Continental Congress, No. 36, IV, folio 263:
That it be earnestly recommended to the States, as indespensably necessary to the support of public credit and the prosecution of the War immediately to pass laws laying an impost of 5 pr. cent ad valorem on all goods wares and merchandises imported into them respectively after the 1st. day of May next from any foreign port Island or plantation; to vest Congress with full power to collect and to appropriate the same to the discharge of the principal and interest of all debts already contracted or which may be contracted on the faith of the United States during the present war, and to give to the officers which shall be appointed by Congress to collect the said impost all the legal authorities necessary to thepunctual execution of his duty.]
The Committee to whom the Letter from the Board of War of the 9th. January was referred,
Report,
That it appears to have been the sense of Congress that the two estimates of the Board of War of the 21st. April and 21st. Aug. last amounting in the whole to 201,625 dollars in specie, should have been fully complied with, and that the Board of Treasury were directed to prepare bills of exchange for that purpose.
It also appears that the Paymaster of the Board of War has hitherto only received bills to the amount of 123,263 dollars whereby a deficiency remains of 78,362 dollars to complete the two estimates even supposing bills to that amount would produce an equivalent sum in money.
Your Committee find that the residue of the bills formerly intended to be applied for the relief of prisoners of war (except to the amount of 30,616 dollars of those drawn on Mr Jay, the sale of which has been lately stopped by order of Congress, and about 20,000 dollars of those drawn on Doctr Franklin) have been already disposed of, and the monies applied to various purposes.
Your Committee therefore beg leave to recommend the following Resolution Viz.
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Resolved. That the Board of Treasury be directed immediately to prepare bills of exchange to be drawn on the honble Benjamin Franklin Minister Plenipotentiary at the Court of Versailles at ninety days sight for such amount as will be sufficient to complete the former estimates of the Board of War for the relief of prisoners, and that the said bills be sold under the directions of the Board of War, and the monies applied solely to the purposes directed by former resolutions of Congress for their support.1
[Note 1: 1 This report, delivered this day, is in the writing of Thomas Bee. The indorsement says: "Aug. 24, 1781, not to be acted upon." It is in thePapers of the Continental Congress, No. 27, folio 117.]
At a Board of WarFeby 3rd. 1781
Present Mr Peters
Genl. Cornell
The Board having considered the Memorial of Lt. Colonel Fleury referred to them by Congress beg leave to report.
That Lt. Col Fleury now serving in the Army of our Allies in consideration of his merit and services continue to hold his rank in the American Army and have leave of absence therefrom until the farther order of Congress.
That his pay andappointments emoluments be suspended during his absence from his command in the American Army.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 147, VI, folio 131. It was read on this day, as the indorsement indicates. The following is added: "August 23, 1781, not to be acted upon."]
Adjourned to 10 o'Clock Monday.
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