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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, FEBRUARY 15, 1781
The report of the committee on the letter, of January 15, from the governor of Virginia, being read;
The Comee to whom was referred the letter of the 15th of January 1781 from Governor Jefferson report--
That they have agreeably to their instructions, conferred with the Board of War whose ideas on the subject matter of the said letter are contained in a letter to your Committee dated February the second to which the Committee--refer and from the best enquiries your Committee have been able to make they are of opinion that the flesh provisions of Virginia which can be driven to the Southern army or magazines ought to be wholly reserved for that service, that flour and other provisions which require transportation by land and lie near the places where the prisoners are stationed, and remote from navigation ought to be appropriated to the supply of the posts where the prisoners are kept, that the flour and grain to be furnished from the parts of Pennsylvania which lie west of the River Susquehanna, and remote from the navigation thereof and of the waters that run into Cheaseapeak Bay, also from the western parts of Maryland and the parts of Virginia that he on the head branches of Potowmack and. remote from navigation may with the least inconvenience to the general objects of the war, be appropriated for supplying the posts in the western parts of Maryland where the prisoners are stationed--That the flesh meat required from Maryland except such as may be barrelled cannot without great waste and difficulty be sent to the Southern army, and therefore it will be expedient to supply the same to the Posts where the prisoners are stationed--
Whereupon your Committee submit the following resolution--
Resolved, That the Commissary General of purchases be ordered to supply the prisoners of war who are or shall be stationed in Maryland with flour and bread from the parts of Pennsylvania lying to the Westward of the River Susquehanna and not convenient to the navigation of that river or any of the waters which run into the Bay of Cheaseapeak, and from that part of Virginia which lies remote from the navigable waters of James andcontiguous to the more inland branches of Potowmack rivers, and with flesh provisions from Maryland, and if not sufficient from Pennsylvania and the States to the Northward thereof--
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Resolved, That all provisions furnished by the said States for supplying the said prisoners shall be credited to their respective quotas of specific supplies1
[Note 1: 1 This report, in the writing of Thomas Burke, is in thePapers of the Continental Congress, No. 147, V, folio 13.]
Ordered, That it be referred to the committee appointed to confer with Colonel B. Harrison.
The committee appointed to consider the letter, of December 22, 1780, from the governor of Massachusetts, delivered in a report; Whereupon,
Resolved, That the President inform the governor of Massachusetts that Congress, sensible of the importance of supporting the eastern Indian department under the superintendance of Colonel John Allen, approve of the care of the executive of Massachusetts in making from time to time the necessary provision for the same, and they are requested to continue such supplies and charge the same to the United States, and it is further resolved that the governor and council of Massachusetts be and hereby are empowered to compleat the company of artillery at the post of Machias to a number not exceeding sixty-five, including such officers as they shall judge necessary for the further security and defence thereof, the said company to be under the command of Colonel John Allen, and to be raised, cloathed, paid and subsisted as continental soldiers at the expence of the United States?2
[Note 2: 2 This report, in the writing of Samuel Adams, is in thePapers of the Continental Congress, No. 20, I, folio 63.]
A letter, of 14, from Daniel Hale, was read:3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 78, XII, folio 121.]
Ordered, That it be referred to the Board of Treasury.
A report from the Board of War, on the petition of Captain Paul Bentalon, was read; Whereupon,
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War OfficeFeby. 12th 1781
Mr Peters, Genl Cornell
The Board having considered the Memorial of Capt Paul Bentalon referred to them, and finding the facts therein stated to be true, beg leave to report.
Ordered, That the Memorial of Captain Paul Bentalon be referred to the Board of War to take order.
Should this pass Congress the Board can only give him an order for three months pay in the new emissions, a sum which he says will be very inadequate to his wants, but they know of nothing else that can be done at present.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 159.]
A letter, of 15th, from the Board of War, was read, enclosing an estimate of articles wanted for equipping Colonel Sheldon's and Moylan's legionary corps, amounting 116010 3/93/0 dollars new emissions.2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 136, V, folio 127.]
Ordered, That the same be referred to the Board of Treasury, to devise ways and means for furnishing that sum, and report the same to Congress.
A letter, of 14, from the Board of War, was read, respecting the money due to sundry iron masters:3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 147, VI, folio 145.]
Ordered, That the same be referred to the Board of Treasury, to devise ways and means for paying the said iron masters, and report the same.
A report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of Joseph Carleton, paymaster to the Board of War and Ordnance, approved by the said Board, a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of the said Joseph Carleton, for
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twenty-five thousand dollars in the bills of the old emissions, to be advanced to Alexr. Rutherford for paying the hired men in the shoe factory, for which sum the said paymaster is to be accountable.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No 136, V, folio 109.]
Treasury Office.Feby. 12th 1781
In compliance with an order of Congress of the ninth instant "to lay before them returns from all the respective Loan Offices &c," the Auditor General was by the Board immediately served with a copy of said order and directed to prepare the returns necessary. In the meantime the Board beg leave to call to the remembrance of Congress the information on this subject laid before them by the report of the Board of the 10th. ult. which report and the enclosures do contain the information now demanded.
The Board further report,
That no returns from any of the Loan Offices since the report aforesaid of the 10th. ult. relative to the information now required by Congress have been received: but the Board are informed, tho, not officially that the Treasurer of Pennsylvania has paid several sums into the Loan Office of this State, to exchange for the New Money.
The Board of Treasury have had under their consideration, "the representation of the Board of Admiralty to Congress Feby. 17th. 1781" and referred to them, whereupon they beg leave to represent, that with respect to the ten thousand dollars required to be advanced (which the Board conceive are intended to be in the new bills) They are of opinion such advance cannot be made, unless by a warrant reported for that sum on the Loan Office of Massachusetts Bay, at which Office only they are of opinion it can be paid. The sum in the new bills in that office will appear by a report from this Board of the 10th. ult. subject to very little alteration since by drafts on said Loan Office.
The warrant on Thomas Smith Loan Officer for Pennsylvania in favor of the Treasurer required by the Board of Admiralty to enable the said Treasurer to discharge a balance of a warrant that Board has on him for 602,000 dollars would answer no valuable purpose, as Mr. Smith has not money to discharge such warrant.
The Board further Report:
That Joseph Howell Junr. one of the Auditors of accounts for the Main Army has by his letter of the 27 ult. informed the Board--that
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he left Head Quarters with an intent to continue with the troops stationed at Morris Town in order to have adjusted the accounts of the Officers during the Winter. Those Officers and Pay Masters to the Pennsylvania Line have so unexpectedly been removed to this State, it becomes a Matter of consideration, the propriety of Mr. Howell's opening his Office for a time during the pleasure of Congress in Philadelphia, for the purpose of settling with the several Pay-Masters and Officers of the Pennsylvania line, which the Board are induced to believe is very necessary--and thereupon submit the following resolution:
Resolved, That Joseph Howell, jun. one of the auditors of accounts for the main army, be, and he is hereby authorised to open his office in Philadelphia, for the purpose of settling the accounts that may properly come before him, as one of the auditors of accounts for the main army; and that he proceed particularly in the settlement of the accounts of the officers and paymasters of the Pensylvania line, or other accounts proper to be settled by him, under the direction of the Board of Treasury, subject to be removed to the main army so soon as it shall appear necessary.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 105.]
Congress resumed the consideration of the letters from W. Carmichael, &c. when the draught of a letter to Mr. Jay, which the delegates of Virginia had moved in pursuance of instructions from their constituents, was debated and agreed to.
The Delegates from Virginia have received an instruction from the General Assembly of that State which authorises them to inform Congress that the zeal of their constituents to promote the general object of the Union and to remove as far as depends on them every reasonable obstacle to the speedy conclusion of an alliance between his Catholic Majesty and these States has so far prevailed over all considerations of a particular interest, that they have consented to withdraw the claim urged in their former instructions to their Delegates on the subject, to the navigation of the River Mississippi, except of such part thereof as forms their Western boundary: provided such cession shall be insisted on by Spain; and relying on Congress for their
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utmost endeavours to obtain for that and the other states having territory on the said river a free port or ports below such territory. In pursuance of the object of this instruction, the Delegates aforesaid propose that the following letter of instruction be immediately transmitted to the Minister Plenipotentiary of the United States at the Court of Madrid.
Sir,
Congress having since their instructions to you of the 29th September, 1779, and 4 of October, 1780, relative to the claim of the United States to the free navigation of the River Mississippi, and to a free port or ports below the thirty-first degree of north latitude, resumed the consideration of that subject, and being desirous to manifest to all the world, and particularly to his Catholic Majesty, the moderation of their views, the high value they place on the friendship of his Catholic Majesty, and their disposition to remove every reasonable obstacle to his accession to the alliance subsisting between his Most Christian Majesty and these United States, in order to unite the more closely in their measures and operations three powers who have so great a unity of interests, and thereby compel the common enemy to a speedy, just and honorable peace--have resolved, and you are hereby instructed to recede from the instructions above referred to, so far as they insist on the free navigation of that part of the River Mississippi, which lies below the thirty-first degree of north latitude, and on a free port or ports below the same; provided such cession shall be unalterably insisted upon by Spain; and provided the free navigation of the said river, above the said degree of north latitude, shall be acknowledged and guarantied by his Catholic Majesty to the citizens of the United States in common with his own subjects. It is the order of Congress at the same time, that you exert every possible effort to obtain from
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his Catholic Majesty the use of the river aforesaid, with a free port or ports below the said thirty-first degree of north latitude for the citizens of the United States, under such regulations and restrictions only as may be a necessary safeguard against illicit commerce.1
[Note 1: 1 The motion and draft of the instruction, in the writing of James Madison, is in the Library of CongressUnited States Revolution, VI. It was presented, the indorsement indicates, February 1 and postponed.]
I am, &c.
S. Huntington,President.
When the question was about being put ∥to agree to the foregoing letter,∥ the previous question was moved by Mr. [Thomas] Burke, seconded by Mr. [James] Lovell; And ∥on the question to agree to the previous question,∥ the yeas and nays being required by Mr. [Thomas]Bee--
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So it passed in the negative.
On the question to agree to the main question or letter ∥of instructions,∥ the yeas and nays being required by Mr. [James] Lovell--
{table}
So it was resolved in the affirmative.1
[Note 1: 1 The letter to Mr. Jay and the proceedings following were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. They are printed in theDiplomatic Correspondence of the American Revolution (Wharton) IV, 257.]
Adjourned to 10 o'Clock to Morrow.2
[Note 2: 2 Petitions from John White, George Nagel and Wm. Will, (on behalf of his brother, Philip Will,) were presented on this or an approximate date, each making application for the place of keeper of the State Prison in Philadelphia, in the room of Robert Jewell, deceased. White's is in thePapers of the Continental Congress, No. 42, IV, folio 232; Nagel's is on folio 236; Will's is on folio 252.]
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