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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 --FRIDAY, MARCH 16, 1781
A letter, of 14, from the governor of Maryland;
A memorial of the honble. B. Franklin and S. Wharton: and
A memorial signed G. Morgan stiling himself "Agent for the Indiana proprietors"; and
A letter, of 14, from E. Forman, were read.
A letter, of 8th, from T. Smith, was read:1
[Note 1: 1 The Maryland letter is in thePapers of the Continental Congress, No. 70, folio 457; the memorial of Franklin and Wharton, dated February 26, 1780, is in No. 77, folios 167-205; that of Morgan, dated November 30, 1780, on folio 206; Forman's letter is in No. 78, IX, folio 443; Smith's letter is in No. 78, XXI, folio 35.]
Ordered, That it be referred to the Board of Treasury.
A memorial of James Smith was read:
Ordered, That it be transmitted to E. Blaine, commissary general.
A petition of William Williams; and
A representation of Captain J. Lucas, were read:
Ordered, That they be referred to the Board of War.
A letter, of 16, from Lieutenant Colonel Presley Nevill, was read:2
[Note 2: 2 Williams's petition, dated March 10, 1781, is in thePapers of the Continental Congress, No. 42, VIII, folio 219; Lucas's representation, dated March 15, 1781, is in No. 43, folio 169; Nevill's letter is in No. 78, XVII, folio 127.]
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Ordered, That it be referred to the Board of War to take order, the resolution of Congress of 4 January last notwithstanding.
A letter, of 14, from C. Pettit, assistant quartermaster general, was read, with sundry papers enclosed:1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 19, V, folio 119.]
Ordered, That it be referred to the committee on the report of the Board of Treasury, of 4 November, 1780.
A report from the Board of War was read; Whereupon,
Ordered, That the resignation of Lieutenant George Jacob, of the 6th Maryland regiment, be accepted.2
[Note 2: 2 This report, dated March 8, 1781, is in thePapers of the Continental Congress, No. 147, VI, folio 293.]
The Board of War, to whom was referred the letter of 26th February, from the governor of Connecticut, delivered in a report; Whereupon,
War OfficeMarch 8, 1781.
Sir,
The Board have the Honor to enclose to Congress a Return of the invalid Regiment specifying the States to which the Officers and Men belong so far as they are able at present to ascertain their Places of enlistment or Residence. Those at Boston belong to the Eastern States, but in what proportions we do not know. We beg leave to observe however, having in our view the request made by Gov. Trumbull in his letter referred to the Board, that if every State claim their Soldiers from the Regiment and especially for State Purposes there will be very little use to the United States in their being regimented as they will be subdivided into so many Parts as to render them incapable of discipline or any general purpose. Their situation in general is such as to admit of but a small proportion of Effectives from the variety of complaints with which they are afflicted; yet we find by drawing together a considerable number that they answer very well for Garrison Duty. Those to the Eastward may be employed if kept together in guarding Prisoners and stores, which is their present Duty, and with this view we had them collected at Boston. A small Detachment is at Rutland and if the number of Prisoners increase at that Post the whole of the Eastern Invalids may be collected there as
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Guards. We therefore beg leave to report on Gov. Trumbull's letter desiring the Connecticut Invalids to be stationed in that State,
Ordered, That governor Trumbull be informed, that although the United States, in Congress assembled, would be happy, on all occasions, to comply with the requests of the executive of the State of Connecticut, they cannot agree to the invalids of that State being stationed therein, consistent with the general benefit of the United States.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 289.]
Ordered, That two members be added to the committee on the letter, of 12, from C. Pettit, assistant quartermaster general:
The members, Mr. [Theodorick] Bland, Mr. [Thomas] McKean.
On motion, 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 considered farther the reports of finance and other matters referred to them, and have come to sundry resolutions thereon, which he was ordered to report.
The report of the Committee of the Whole was read, and the same being debated, it was thereupon,
Resolved, That all debts now due from the United States, which have been liquidated in specie value, and all debts which have been or shall be made payable in specie, or other money equivalent, shall be actually paid, either in specie or in other money equal thereto, according to the current exchange between such money and specie.
That it be and hereby is recommended to the several states to amend their laws making the bills of credit emitted under the authority of Congress a legal tender, so that such bills shall not be a tender in any other manner than at their current value compared with gold or silver.2
[Note 2: 2 This resolution was also entered in the manuscript Secret Journal, No. 8, under date of March 9.]
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On passing this resolution, the yeas and nays being required by Mr. [Abraham] Clark,
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So it was resolved in the affirmative.
Resolved, That the states be immediately called upon to furnish for the public expences and for carrying on the war, their proportions of one million five hundred thousand dollars quarterly, the first quarterly payment to be made on the first day of June next.1
[Note 1: 1 This resolution was also entered in the manuscript Secret Journal, No. 8, under date of March 10.]
That in discharge of this requisition, as well as those made by Congress on the 26 day of August, the 4th of November, and the 15 day of January last, the bills of credit emitted pursuant to the act of Congress of the 18 March, 1780, by what State soever emitted, shall be received at the treasury of the United States, as equal to and in lieu of the like sum
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of specie; and that interest be computed thereon in favor of the states from whom such bills shall be received, to the time assigned for discharging the several requisitions respectively:
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 act of Congress of the 25 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 1st day of September, 1781.
Ordered, That a committee, consisting of a member from each State, be appointed to apportion the quota of the abovementioned sum of one million five hundred thousand dollars, to be paid quarterly by the states:
The members, Mr. [John] Sullivan, Mr. [James] Lovell, Mr. [James Mitchell] Varnum, Mr. [Jesse] Root, Mr. [William] Floyd, Mr. [William] Burnet, Mr. [George] Clymer, Mr. [Thomas] McKean, Mr. [John] Hanson, Mr. M[eriwether] Smith, Mr. [Thomas] Burke, Mr. [Thomas] Bee, Mr. [William] Few.
A report from the Board of Treasury was read:
Treasury OfficeMarch 15th. 1781.
The Board of Treasury beg leave to represent to Congress
That the Loan Officer for the State of Massachusetts, applied to the Board by letter dated the 4th. October last for instruction respecting the Interest accrued on the new bills at the time of issuing; and the act of the 18th. of March last being clear in this respect, the following answer was given to that Loan Officer "That interest on the new bills is to be calculated from the date, and in all receipts and payments must be attended to."
This instruction was not sent to any other loan officer taking it for granted that they had not entertained the like doubts upon an act entirely unequivocal, made the more so, by the act of the 9th. of September last, by which the interest is formally relinquished, on
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the part of the public, in payments to the Officers, Soldiers and Seamen of the Army and Navy. On the 5th. of March, instant, Thomas Smith, Loan Officer for the State of Pennsylvania, having made a similar application, the board now consider it indispensible to submit the matter to Congress.
It is suggested out of doors, and the board incline to be of the opinion; that, in some of the States, the money afsd. will circulate with additional difficulty, if it shall be necessary to calculate and demand Interest at every transfer; indeed it is matter of doubt whether it will not stop it altogether. It is notorious on the other hand, that, if the interest shall be relinquished on the part of the public, there will be a certain loss of a very considerable sum annually. The difficulties on either side are great, and can only be removed by Congress.
The board are constrained farther to remind Congress, that the period is near at hand, when the first year's interest will become due; and altho it has been hitherto unattended to, either by the public or individuals they have no doubt it will be made an object of speculation, and consequently demanded as it becomes due; provision must therefore be made in time, to prevent the usual clamors against public faith; and for this purpose bills of exchange ought to be prepared. Besides this, new bills are to be delivered in lieu of those on which interest shall be paid, which makes a new emission of the Bills of Credit immediately necessary, the paper for all which is yet unmade; and the whole of the emission of the ten million not yet complete; although the press has been constantly employed on that business, and in striking bills of exchange and loan office certificates.
Two hundred ream of papers will be necessary for the first renewal of the new bills, and twenty thousand sets of exchange for payment of the first year's interest.
Congress considering these things, and pursuing the act aforesaid, will please to direct,
That the board of Treasury employ a sufficient number of extra hands to prepare bills of exchange for payment of the first year's interest, which shall be due upon the Bills of Credit issued agreeable to the Act of the 18th. of March last, and paper for renewing the same.
The board beg leave further to inform Congress That, by a clause in the Act of the 18th. of March last, requiring the payment of fifteen millions by monthly quotas, is extended to the month of April inclusive,
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which calls for, out of circulation, ten million more than hath been emitted which they apprehend to be a mistake, and therefore submit it, that it be corrected toMarch inclusive.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 36, IV, folio 317.]
Ordered, That it be referred to the committee on the letter, of 12, from C. Pettit, assistant quartermaster general.
A motion was made by Mr. [James] Madison, seconded by Mr. [James] Duane, for putting a stop to all commercial intercourse between the inhabitants of the United States of America and the subjects of the king of Great Britain:
Whereas in order to afford to the virtuous individuals of Great Britain an assylum from the tyranny against which these States had taken arms, and to favor the importation of such warlike stores as were necessary for the defence of the said States, all vessels belonging to any inhabitant or inhabitants of Great Britain bringing settlers, arms ammunition or warlike stores for the use of these (then Colonies) now United States, were together with such stores and the effects of such settlers, by a resolution of the 23 of March 1776 exempted from seizure and condemnation as lawful prize, which exemption by a resolution of the 24 of July 1776 became extended to all vessels under like circumstances belonging to any subject or subjects of the King of Great Britain. And whereas from compassion to the distresses of the inhabitants of Bermudas and Providence or Bahama Islands all vessels and all goods wares and merchandizes belonging to the said Inhabitants were by the resolution last referred to excepted from being deemed and adjudged lawful prize, which exception as far as it relates to the inhabitants of the Bermudas Islands is still in force; and whereas the original grounds of these indulgences no longer exist; and there is also reason to apprehend that under cover thereof a clandestine trade and intercourse is carried on with the enemy, by which they are the better enabled to support the burdens of the war, and prosecute the arts of seduction among the citizens of these States as well as to give colour to their misrepresentations in Europe of a latent predilection in these States towards them; and it moreover doth not accord with thefriendship and convention alliances intimate connection subsisting between the United States and his M. C. Majesty that any of the subjects of the
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power with which they are both at war, should be regarded as friends or neutrals by the one whilst they are regarded as enemies by the other party, and the more especially as the communication resulting from their being regarded as friends or neutrals by the former maybe injurious to interfere with the commercial advantages of the latter, at the same time that it, adds to the resources of the common enemy for protracting the war:
Resolved, that all the resolutions aboverecited or referred to, so far as they exempt vessels belonging to any subject or subjects of the King of Great Britain bringing settlers, arms, ammunition or warlike storesinto any one for the use of the United States, or the citizens thereof, or such warlike stores, or the effects of such settlers, or which exempt the ships and other vessels or the goods wares and merchandizes belonging to any inhabitant or inhabitants of the islands of Bermudas from capture and condemnation be and they are hereby repealed.
Resolved, that the Board of Admiralty or the Secretary of Marine make such alterations in the Commissions and instructions issued and the bonds taken in that department as the foregoing resolution may require.
And whereas there is just ground tobelieve suspect that the letters of protection which have been granted by Congressto the in particular instances to citizens and inhabitants of the United States for the removal of their property from places within the dominion or possession of the Enemy have notwithstanding the precautions with which they were guarded beenproductive made subservient to a commercial intercourse with the enemy; and whereas there is equal ground tobelieve suspect that vessels the property of subjects of the King of Great Britain and laden with merchandize the property of the said subjects have been imported into the United States underpretended fraudulent clearances from places not within the dominion or possession of the Enemy:
Resolved, That from and after the date hereof the United States in Congress assembled will grant no letters of protection for the purpose above mentioned; and that after theday ofno benefit shall be claimed from any such as have been already granted.
Resolved, that it be recommended to the Executives of the several States to take the most vigilant and effectual measures for detecting and suppressing such fraudulent importations.
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Ordered, That copies of the foregoing resolutions be transmitted to the Executives of the States, to public ministers of the United States at foreign courts, and that the same be communicated to the Honble. the Minister Plenipotentiary of his most C. Majesty.1
[Note 1: 1 This motion, in the writing of James Madison, is in thePapers of the Continental Congress, No. 36, I, folios 123, 129. See post March 27.]
Ordered, That it be taken into consideration on Monday next.
The committee to whom was re-committed the resolution passed on the 7, and which was re-considered:
The committee on the letter, of 22 February, from the Board of War:
That the debts due the Merchants of Philadelphia, who have contracted with Mr Samuel Caldwell, Agent Clothier under special contracts made by the express directions of the Board of War, as set forth in their said letter, and the estimates therein alluded to, be paid according to their value at the time of contracting, and that the Treasury Board be directed to prepare and deliver bills of exchange to the amount of the respective contracts to the paymaster of the Board of War, to enable the said Board to furnish Mr Caldwell with the means of settlement with the public creditors before mentioned, so that each shall receive a just equivalent for the sum due according to estimates to be approved of by the Board of War.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 27, folio 127. It is entered in the list of postponed reports in No. 31, folio 371.]
The committee appointed to revise the rules and orders for conducting business in the United States in Congress assembled:
The committee appointed to prepare a plan to invest the United States in Congress assembled with full and explicit powers for effectually carrying into execution in the several states all acts or resolutions passed agreeably to the Articles of Confederation:
The committee appointed to prepare a proclamation for a fast: and
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The committee to whom was referred the report of the Board of War respecting Lieutenant Skinner, delivered in their several reports.
The Medical Committee also delivered in a report for arranging the hospital for the southern army.
The committee on report of the Board of War respecting Captain Bentalon: and
The Medical Committee, to whom was referred the memorial of Doctor J. Bartlet: delivered in their several reports.
Adjourned to 10 o'Clock to Morrow.
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