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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 --WEDNESDAY, MARCH 14, [1781]
A letter, of 13, from R. Morris, was read:3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 137, I, folio 1.]
Ordered, That it be taken into consideration to Morrow.
A report from the Board of Treasury was read; Whereupon,
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Ordered, That on the application of Mr. R[ichard] Howly, one of the delegates for the State of Georgia, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty thousand dollars of the old emissions, for which the State of Georgia is to be accountable.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No, 136, V, folio 175.]
A report from the Board of War was read; Whereupon,
War OfficeMarch 10th 1781
Sir.
The Board beg leave to lay before Congress an account exhibited by Lt Skinner, for his expences on command for one month by order of Lt Col Lee and for the residue of the time in virtue of express orders of Congress. Three dollars were allowed officers per day when on command at a time when those dollars were equal in value to the dollars of the new emissions. We also transmit a request for an additional sum in consideration of his having drawn no rations or forage but for a short time. These charges, however great they may seem, will not clear his expences, as he has supported himself and his horses. And as he was for the greater part of the time expressly ordered to stay at Philadelphia by Col Lee, in virtue of an order of Congress it should seem that Payment cannot be avoided. The Board therefore are of opinion that five hundred and eighty two dollars be paid him for his expences on command and if Congress think any additional sum should be given--they will please to do it. It will take at least twenty days for Mr Skinner to perform his journey to the Legion which in the whole will make 642 dollars; he also desires three months pay may be advanced him. We therefore beg leave to report--
That the Board of War be authorized and directed to draw warrants on the paymaster Genl, the Resolution of the 4th January last notwithstanding, for six hundred and fortytwo dollars in bills of the new emission in favor of Lt Alexr Skinner: of Lt Col Lee's legion for his expences on command and also for three months Pay and subsistance equal to one hundred and fifteen dollars in bills of the new emissions.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 19, V, folio 347.]
Ordered, That the Board of War draw on the paymaster general in favour of Lieutenant Skinner, of Lieutenant
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Colonel Lee's legionary corps, for one hundred and fifteen dollars of the new emissions, being for three months' pay and subsistance:
Ordered, That the remainder be referred to a committee of three:
The members, Mr. [Theodorick] Bland, Mr. [James Mitchell] Varnum, Mr. [John] Mathews.
A report from the committee on the letter from B. Stoddert was read; Whereupon,
The Committee to whom was referred the letter of Benjn Stoddert report--
That having examined his accounts find that he has acted as Secretary for the Board of War, one year 5 months and 14 days, that he has received on account calculating agreeable to the Table of depreciation as far as it, goes, and at the real exchange afterwards 1313 dollars--
That there appears to be a balance due him of 870 dollars, which calculating the real difference between State money of Pennsylvania and specie would amount to 1390 State dollars, but the present exigency of his affairs are such that he is willing to receive a warrant on Thos Smith for 870 dollars in full--
Should that be the sense of Congress they will resolve
Ordered, That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Benjamin Stoddert, late secretary to the Board of War, for eight hundred and seventy dollars new emission.in full of all claims he may have against the United States.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 19, V, folio 437.]
On motion of Mr. [Artemas] Ward, seconded by Mr. [James] Duane:
Ordered, That a committee of three be appointed to prepare a recommendation to the states for setting apart a day of humiliation, fasting and prayer:
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The members, Mr. [James] Duane, Mr. [Jesse] Root, Mr. [James] Madison.
A letter, of 8th; from James Hamilton, brigadier general of the Convention troops, was read:1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 78, XII, folio 129.]
Ordered, That it be referred to the Board of War, and that they confer with Colonel J. Wood, who brought the same.
According to order the House was resolved into a Committee of the Whole and after some time the President resumed the chair, and Mr. [John] Mathews reported that the Committee have had under their farther consideration the reports and papers referred to them and made some farther progress, but not having come to a conclusion desire leave to sit again:
IN COMMITTEE OF THE WHOLE.
Resolved, That the certificates issued by the commissary and quartermaster general, under the authority of Congress, in pursuance of the resolution of 23d August last, to be paid in specie or otherNegatived. money equivalent, shall be received from the states within which the same shall have been issued, towards the discharge of their quotas respectively; and that interest be computed thereon in favour of such states to the time assigned for discharging such quotas.
That the respective states make exact returns to the Board of War by the first day of June next, of all articles by them supplied, agreeably to the resolution of the 25 day of February, 1780.
That the United States in Congress assembled will then call upon the deficient states for the full amount of their deficiencies in value, to be paid into the treasury of the United States by the first day of September, 1781;and the product thereof shall be appropriated to make
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good the deficiency that may arise by receiving the certificates of the commissary and quartermaster general, in payment of taxes for the current year; but if there shall happen to be an overplus, it shall be credited in a just proportion to the states in advance toward their payment of the last quarterly tax for the current year.1
[Note 1: 1 This resolution was entered only in the manuscript Secret Journal, No. 8.]
Ordered, That, to Morrow the United States in Congress assembled be resolved into a Committee of the Whole, to consider farther the reports on finance and other papers referred to them.
The committee on the motion of the delegates for Pensylvania respecting the Convention prisoners:
The Committee to whom was referred the motion for removing the German Prisoners in Virginia &c. to some State Eastward of Pennsylvania--
Report, That they have considered the motion and the reasons for and against the measure and are of opinion, that there are no sufficient reasons, for Congress to make any alteration in the Resolution of the 3d Inst. respecting said Prisoners at present.2
[Note 2: 2 This report, in the writing of Jesse Root, is in thePapers of the Continental Congress, No. 20, II, folio 115. It is indorsed: "August 24, 1781, not to be acted upon."]
The committee on Doctor B. Binney's letter, of 20 February:
The Committee to whom was referred the letter of Doctor B. Binney on the 22d Feby. report, That Doctor Binney's services are useful and necessary in the medical department, and that he ought to be retained in that department,
That it is the opinion of the Committee Doctor Binney should immediately repair to the State of Virginia, according to the order he hath received from the Director General of the hospitals; and that an order issue to the Treasury to furnish on account the sum of forty thousand dollars of the old emissions of Congress, to enable him to bear the expences of himself and two Mates, and to establish and furnish hospitals in the said State.3
[Note 3: 3 This report, in the writing of Meriwether Smith, is in thePapers of the Continental Congress, No. 19, I, folio 361. It is indorsed: "Aug. 24, 1781, not to be acted upon."]
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The committee on the memorial of Mat. McConnel, &c., and,
The Board of Admiralty, to whom was referred the petition of Du Maine & Lion; delivered in their several reports.
The Board of Admiralty to whom the Petition of Dumaine & Lion was referred beg leave to report,--
That it appears by the Certificate which accompanies this Report that Nicholas Malescot and Samuel Waters, the persons mentioned in said Petition in August and September 1779, received Commissions, the former as Commander of the armed BrigantineVigilant, and the latter as Commander of the BrigantineBrilliant from the Council of the State of Massachusetts.
That it appears from the allegations of the Petitioners that theBrilliant was so disabled by tempestuous weather in her passage to Guadaloupe, that the merchant there to whom she was consigned thought proper to sell her, reserving her long-boat, which with the Captain and the crew of theBrilliant were taken on Board theVigilant in order to be carried to Boston in the State aforesaid, both the Brigantines being owned by the same persons.
That Capt. Malescot continued sick at Guadaloupe, and the Command of theVigilant (as Mr James Veilon attorney to Dumaine & Lion hath declared to the Board) was given to Capt. Billat, who was Lieutenant of said BrigantineVigilant and took with him the Commission given to Capt. Malescot as the said Veillon to said Board also declared.
That the Petitioners further set forth that theVigilant on her passage to Boston aforesaid, meeting with adverse winds tempestuous weather and one of the Enemy's cruisers, was driven from her course and so disabled as to be obliged to put into the Island of Teneriffe to refit. That after refitting Capt. Billat sailed for Boston and soon met with a British Merchant Vessel. That Capt. Waters with his crew in the long-boat beforementioned Captured the said Vessel, and carried her into the Island of Teneriffe, where she was condemned and sold as lawful prize.
That the French Consul in that Island claimed the prize in behalf of his Most Christian Majesty; and thereupon the court there decreed, that the amount of Sales should remain deposited, until the court of Spain should have decreed in the premises--and thereupon the Petitioners pray that Congress will be pleased to direct their Minister
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Plenipotentiary at the Court of Madrid to obtain an order from the Spanish Court, for the payment of the amount of sales of said prize in behalf of the Captains Officers and Crews and Owners of the BrigantineBrilliant.
The Board would add to this stating of the case, that the said attorney James Veilon informed them that at the time the Commissions referred to in the Certificate were granted the Petitioners Du Maine & Lion were not become residents in Boston in the State aforesaid, and therefore it was that their friends Mr James McDuff & Compy. appeared as owners of the said Brigantines when in fact the property was in Du Maine & Lion.
Upon the Stating the case the Board beg leave to Report, as their opinion, that as the prize mentioned in the Petition was captured under Commissions of the United States of America, the claim of the French Consul was not well founded, and that the owners of the BrigantinesBrilliant andVigilant (who are the same persons) and the Captors are undoubtedly intitled to the whole amount of said prize, but as it may be made a question who were the Captors, whether Capt. Waters and his crew and Captain Billat and his crew conjointly, or the Captains and their crews separately considered. If the Honorable Congress should be of the above opinion, the Board would with submission propose,
That the Minister Plenipotentiary of these States should be directed to represent this matter to the Court of Spain, and take such measures as he may judge expedient to obtain an order to the Judge of the Admiralty at Teneriffe, to deliver the whole amount of sales of the prize captured and condemned as aforesaid to the owners of the BrigantineBrilliant, their agent or attorney for the use of the said owners, and the Captors.
In this way the Board conceive due respect may be paid to the Commission of Congress, and justice done to the Petitioners and Captors leaving Waters and Billat and their crews to decide as they think proper, who are entitled to a part of the Prize as Captors.
Admiralty Office
10th March, 1781.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 37, folio 359.]
Adjourned to 10 o'clock to morrow.
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