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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 --The United States in Congress Assembled,2 FRIDAY, MARCH 2, 1781
[Note 2: 2 "The United States in Congress Assembled" was put at the head of each page of the Journal, with occasional omissions, from this date until August 1st.]
The ratification of the Articles of Confederation being yesterday compleated by the accession of the State of Maryland:
The United States met in Congress, when the following members appeared:
His excellency Samuel Huntington, delegate for Connecticut, President.
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Cha Thomson,Secretary.1
[Note 1: 1 The following resolution, in the writing of James Duane, is in thePapers of the Continental Congress, No. 43, folio 189, but does not appear to have been offered:
Resolved, That nine or more states represented by two or mere delegates respectively are sufficient, as heretofore, to constitute a Congress for the dispatch of business. And that the suffrage of a majority of such nine or more states in Congress assembled shall decide all questions except in the cases wherein the 9th article of the Confederation requires the assent of nine states.]
A letter, of 26 February, from General Washington, was read:2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 152, X, folio 1; it is printed in theWritings of Washington (Ford), IX, 168.]
Ordered, That so much thereof as relates to the frigates be referred to the Board of Admiralty.
A letter, from B. Stoddert, was read:3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 78, XXI, folio 29.]
Ordered, That it be referred to the Board ofWar Treasury.
A letter, of this day, from the honble the minister plenipotentiary of France, was read; Whereupon,4
[Note 4: 4 This letter is printed in theDiplomatic Correspondence of the American Revolution (Wharton), IV, 271.]
Ordered, That a committee of five be appointed to confer with the said minister.
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The members, Mr. [Joseph] Jones, Mr. [James] Duane, Mr. [Samuel] Adams, Mr. [Daniel] Carroll, Mr. [Thomas] Bee.
On motion of Mr. [John] Mathews:
Ordered, That a committee of three be appointed, to revise the rules of the late Congress.
The members, Mr. [James] Duane, Mr. [John] Mathews, Mr. [Thomas] Burke.
Ordered, That Mr. [James Mitchell] Varnum have leave of absence.
The committee to whom were referred the letter from the president of the senate and speaker of the house of assembly of the State of New York, and the letter from Governor Clinton;
The Committee to whom was referred the letters of Governor Clinton, Pierre Van Courtland &c. beg leave to report, that in order to afford relief to the State of New York and other States under similar circumstances the following resolutions will be necessary:
Resolved, That it be recommended to the respective States to repeal all laws now in force for melting bills of credit a legal tender.
Resolved, That the quarterly tax requested by an Act of Congress of the--day of--be considered as a Specie tax and that the bills issued by either State in pursuance of the Act of the 18th. of March last be received agreable to their nominal value equal with silver and gold.
Resolved, That the respective States be authorized to issue their new money of the 18th of March in exchange for old Continental Bills,or for Quarter-Master's or Commissaries Certificates at the relative value between them and specie.
Resolved, That the respective States, be directed not to issue new bills in future, but in exchange for bills of the old emissions, or for the certificates before mentioned, at the current rate of exchange, agreeable to the relative value between them and specie.
Resolved, That the embargo be taken off from the State of New York.1
[Note 1: 1 This report, in the writing of John Sullivan, is in thePapers of the Continental Congress, No. 20, I, folio 365. It is in the list of postponed reports in No. 31, folio 372.]
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The committee on the letter, of 28 February, from Doctor W. Burnet;
The Committee to whom was referred the letter of Dr. William Burner beg leave to report,
That on the eleventh of April 1777 Dr. Burnet was elected Physician and Surgeon General of the army in the eastern department, and continued in the exercise of that office until the new election of officers in the medical department on the 6th day of October last, when Dr. Burner was elected a Physician and Surgeon of the Hospital, That by the appointment of Dr. Cochran Chief Physician and Surgeon of the army to the Directorship of the Hospital--there is now a vacancy in the office of the Chief Physician and Surgeon of the army,
Whereupon yr. Committee submit the following Resolution:
Resolved, That to morrow Congress will proceed to the election of a Chief Physician and Surgeon to the army.1
[Note 1: 1 This report, in the writing of Theodorick Bland, is in thePapers of the Continental Congress, No. 19, I, folio 471. It was postponed, as the indorsement shows, and a resolution in lieu of it passed March 3.]
The committee on the letter, of 26 February, from the Board of War;
The committee on the letter, of 22 January, from Colonel Broadhead;
The Committee to whom was referred the letter from Colonel Brodhead commanding Officer at Fort Pitt of the 22nd. ult. to Richard Peters of the Board of War, beg leave to report that it be recommended to the executive of the State of Virginia to permit such provisions as are or may be purchased in the upper part of that State for the use of the Army in the Western Department to be transported to Fort Pitt, or if the said State should not think proper to give such permission then that so much of the provisions purchased by order of the said State on the Western Waters and within the State of Pennsylvania as may be absolutely necessary for the support of the Army under the command of Col Brodhead, be applied for that purpose and that Virginia be credited for the just value of the same.2
[Note 2: 2 This report, in the writing of James Mitchell Varnum, is in thePapers of the Continental Congress, No. 27, folio 125. The indorsement says: "August 24, 1781, not to be acted upon."]
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The committee to whom was referred the case of the honble H. Laurens, made a prisoner on his passage to Europe, and said to be committed to the Tower of London on suspicion of high treason; and
The Committee to whom was referred the information of the Honorable Henry Laurens Esq. being committed to the Tower of London beg leave to report,
That they have taken the Matter into their serious Consideration and submit to Congress the following State of Facts and Resolutions:
That Mr Laurens who was formerly President of Congress came into that Body long after the Independence of these States was solemnly declared and being in a high Character in their Service, and taken upon the high seas, instead of being treated as a Prisoner of War, was sent to the Tower of London, put into close confinement, and by the tenor of his commitment is pretended to be considered as a traitorous subject of the King of Great Britain;
That the United States are and of Right ought to be free and independent, and their Citizens ought to receive the same treatment when taken Prisoners as the subjects of other Independent States do among civilized Nations, the rather that their Independence has been explicitly acknowledged by one of the greatest and most enlightened Powers of Europe;
That they have been in full Possession of their Independence for several years, which alone ought to have protected theirsubjects Citizens from such cruel and barbarous Treatment as is seldom given but to those who are guilty of causeless and seditious Insurrections against Law and order in general in a Government formerly at peace;
That their Independence has been acquiesced in and virtually acknowledged by the Court of Great Britain so far as regards the Treatment of Prisoners, and the Conduct of the War many public Exchanges having taken place by agreement of the Commanders in Chief of both armies of Soldiers, Mariners, and Citizens of all Ranks; and even Cartels having been settled fixing the Principles upon which they are still to be conducted.
Your Committee upon these Grounds are of opinion that it is incumbent on the Congress of the United States speedily and strongly to express their Resentment against this Infraction of their Rights and take effectual Measures for preventing any similar conduct in
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their enemies for the future. With this View they submit to the House the following Resolution:
That with all possible Expedition and Secrecy -- be put into secure and close confinement treated in the very Manner that Mr Laurens is treated,and that public notice be sent to the commander in chief of the British Armies that unless Mr. Laurens is acknowledged to be treated as a prisoner of war the United States will inflict such punishment upon the officers so confined as will testify their just resentment of the injury they have received through their minister.1
[Note 1: 1 This report, in the writing of John Witherspoon, is in thePapers of the Continental Congress, No. 19, III, folio 417. The indorsement shows it was postponed and says: "August 24, 1781, not to be acted upon."]
The committee on the report of the Board of War on the case of Colonel Campbell, delivered in their several reports.2
[Note 2: 2 A letter, of March 1, from John Paul Jones was read this day, as the indorsement states. It is in thePapers of the Continental Congress, No. 168, folio 471]
[Report of the Committee on the report of the Board of War on the
case of Col D. Campbell March 2nd 1781]
That, at the commencement of the war, he was a lieutenant upon half pay in the british service, which he gave up on the 17 day of July 1775, when he was appointed by Congress, deputy-quartermaster-general of the New York department, with the rank of Colonel. That, on the 12 day of September 1776 he was superseded by the appointment of Colonel Morgan Lewis to that department; soon after which, Colonel Campbell made application to Congress, and on the 13 day of February 1777, it was resolved "That the said Colonel Campbell be continued in his former pay and rank, and that he repair directly to the Commissioners for auditing and settling the accounts of the Northern Army and settle with them the accounts of his late department."
That since passing the said resolution, Colonel Campbell has been upon no service in the Army, and six months' attendance on the Commissioners were fully sufficient for settling his accounts, Colonel Campbell supposing he had rank but no command, which your Committee are of opinion was continued to him by the act of Congress of the 13 of January 1777. The following resolution is therefore submitted:
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That Colonel Donald Campbell be considered from the 13 day of August 1777 as a retiring Officer upon half pay, and be entitled to receive the like emolument with other reduced Officers.1
[Note 1: 1 This report, in the writing of George Walton, is in thePapers of the Continental Congress, No. 147, VI, folio 81.]
Motion by Mr. Sullivan Seconded by
That Congress be adjourned to the first day of June next and that a comee of one member from each State be appointed to form a Comee of the United States.
Passed in the negative.2
[Note 2: 2 This motion, in the writing of Charles Thomson and dated March 2, 1781, is in thePapers of the Continental Congress, No. 36, IV, folio 417.]
Adjourned to 10 o'Clock to Morrow.
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