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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 23, 1781
A letter, of 1, from General Washington, enclosing a memorial from Colonel M. Hazen, was read:2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 152, X, folio 9.]
Ordered, That it be referred to a committee of three:
The members, Mr. [Artemas] Ward, Mr. [John] Sullivan, Mr. [Isaac] Motte.
A letter, of 22, from B. M'Clenaghan and others, was read:
Ordered, That it be referred to a committee of three:
The members, Mr. [William Churchill] Houston, Mr. [John] Hanson, Mr. [George] Clymer.
A letter, of 2, from R. Troup, enclosing a letter from the honble Doctor Franklin, dated August 10, 1780, was read.3
[Note 3: 3 The letter of McClenachan and six others is in thePapers of the Continental Congress, No. 78, XVI, folio 143; Troup's is in No. 78, XXII, folio 449; Franklin's on folio 453.]
The committee to whom was referred the letter, of 8, from E. Blaine; and
The Committee to whom was referred the letter of the Commissary General of purchases of the 8th instant beg leave to submit the following resolutions to Congress:
Whereas Congress are informed by the Commissary General of purchases, that by reason of the deficiency of fresh provisions, the army are in a great measure fed by the salted provisions which were principally designed to supply the army in the hot season, and in times of sieges and capital operations against the enemy, And whereas by the same information Congress are given to understand
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that such scanty supplies of flour have been furnished as to render the subsistence of the army uncertain and precarious, And Whereas it is absolutely necessary that the supplies of flour and fresh provisions should be regularly made according to the requisitions of Congress to the several States by their Act of the 4th of November last, especially as the consumption of provisions is dayly increasing by the accession of new Recruits to the army.
Resolved, therefore that the States be again called upon to furnish the provisions agreeably to said Act of the 4th of November last; And that they be informed that unless the strictest attention is given to those requisitions, the important views respecting the ensuing campaign will probably be defeated, And that in case this shall happen the war will likely be prolonged beyond a period which might otherwise be expected,
And Whereas there is good reason to apprehend that the estimates made of the quantitys of live provisions furnished the army have, in many instances been very erroneous, by means whereof the United States are charged with much larger quantitys than have been actually supplied, whereby an unrightious advantage has been obtained by individuals to the injury of the Publick.
Resolved therefore that the executive power of the several States appoint disinterested and judicious Freeholders to apprize upon oath according to their best judgment the weight of all live provisions purchased for the use of the army or navy, at the time when such provisions shall be collected for that purpose within the State where the same has been purchased. And that a certificate under the hands of at least five such apprizers together with a proper certificate of their having been appointed by such executive shall be produced as vouchers to support any charge for supplies of this kind, against the United States. And that the costs of such apprizal shall be at the expence of the respective States.1
[Note 1: 1 This report, in the writing of Oliver Wolcott, is in thePapers of the Continental Congress, No. 19, I, folio 381. It is indorsed by Thomson: "Important." It is in the list of postponed reports in No. 31, folio 371.]
The committee appointed to apportion the quotas of the states, delivered in their several reports.
The report of the committee for apportioning the quotas of the states, was taken into consideration; and, thereupon,
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Resolved, That the quota of one million five hundred thousand dollars, called for by act of 16, be as follows;
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Resolved, That the sums assessed shall not be considered as the proportion of any State, but being paid into the treasury, shall be placed to their respective credit, bearing an interest of six per cent. per annum, from the time of payment until the quotas shall be finally ascertained, agreeably to the Articles of Confederation. And if it shall then appear that any State is assessed more than its just quota of the said tax, it shall continue to receive interest on the surplus; and if less, it shall be charged with the interest on the deficiency, until, by a future tax, such surplus or deficiency shall be properly adjusted.
The report of the committee on the letter, of 17, from the Board of War, was taken into consideration; and, after debate,
The Committee to whom was referred the report from the Board of War of the 17th March, with sundry other papers relating to the prisoners under the Convention of Saratoga, and the Cowpen prisoners, &c, &c,
Find that it is provided under the 2nd and 3rd Articles of the Convention of Saratoga, and recognised in the 9th Article of the said
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Convention that unless a Cartel should take place, by which the Army under Lieut: General Burgoyne, or any part of it may be exchanged, those troops are not to serve again in North America during the present Contest, notwithstanding which your Committee are well informed, that great desertions have taken and do daily take place among the British Troops prisoners under the aforesaid stipulations, who after being encouraged thereto by the Enemy, are immediately drafted into their Regiments, now in actual Service against these United States. Your Committee cannot but think it highly expedient to take effectual measures, to prevent such mischievous consequences as do or may arise from such an unjustifiable prooedure on the part of the Enemy, to the welfare of these United States, in which it is notorious that every effort is made by them to evade the most solemn stipulations. Your Committee beg leave farther to report, that from a strict adherence to the tenor of the aforesaid treaty, a very considerable balance is due to these States, for rations and transport furnished the said Troops who have been supplied with full rations of provisions more than what is usually allowed to prisoners of war under any description, for which no payment has been made for more than two years, altho frequently demanded. In order, therefore, to prevent future desertion from the British Troops of Convention, your Committee are of opinion that it is necessary, the non commissioned Officers and Soldiers of the said Troops be forthwith closely confined and effectually guarded so as to prevent them from going to the Enemy. That such of them as shall escape in future, be treated as Enemies holding no faith, that such of their Officers as may attempt to hold any correspondence with the Enemy or others or take any steps to promote their escape, shall be deemed and treated as having forfeited their paroles.
That unless immediate payment is made for provision and transport heretofore furnished the said prisoners under the Convention of Saratoga according to rates stipulated in Article the 5th, no more or other provision shall be issued to the said prisoners, but such as are issued to prisoners in other circumstances.
Your Committee are of opinion, that for the security and providing the unconditional prisoners of war and the prisoners under the Convention of Saratoga, they should be disposed of in the following manner, viz:
That the Cowpen prisoners and all the unconditional prisoners of war in Virginia and Maryland, be immediately removed to Pensylvania under a strong Guard;
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That the British prisoners under the said Convention remain at Frederick Town in Maryland, and be closely confined, except the Officers who should have their parole, and be sent to Simsbury in Connecticut, where they can be more conveniently quartered than at present;
That the German Troops under the said Convention, shall remain near the Town of Winchester in Virginia and be confined to the Barracks, built there by order of the State of Virginia, and the guard now there, added to such guards as the State of Maryland shall furnish at Frederick Town, and be employed in guarding the prisoners at that place;
That the Regiment of guards, raised by the State of Virginia, be appointed to guard the German Troops under the said Convention, and that Colonel Wood be continued in the Command and Superintendancy of the Convention Troops both German and British;
Whereupon your Committee submit the following resolutions:
Resolved, That the unconditional prisoners of war in Maryland and Virginia, be immediately removed under a strong guard into the State of Pensylvania, where they are to be confined, under the direction of the Board of War.
Resolved, That that Board take immediate measures, for furnishing a sufficient Guard, for their Escort and safe keeping.
Resolved, That the German Troops under the Convention of Saratoga be confined to the Barracks, built by the State of Virginia near Winchester, and that the Regiment raised by the said State for guarding the Prisoners of Convention be assigned as a guard for the said German Troops.
Resolved, That the non-commissioned Officers and Privates of the British prisoners under the said Convention be forthwith closely confined at or near Frederick Town in Maryland, or in such other place or places within that State as the Governor and Council shall direct, and unless immediate payment is made for the provisions and transport heretofore furnished the prisoners under the said Convention, that no more or other provisions or transport be furnished or allowed them, but such as are furnished to unconditional prisoners of war by order of Congress.
Resolved, That the Officers of the German Troops be paroled to a district in the County of Frederick in Virginia, not exceeding ten Miles in Circumference, and that the Officers of the British Troops of the Convention be ordered to Simsbury in Connecticut, stationed there or at such other place, as the Executive of that State shall
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think proper within the said State, and be paroled to a District not exceeding Six Miles in Circumference, and that the Executive of the said State of Connecticut, be requested to appoint a proper person to superintend their Conduct and to report thereon to Congress or the Board of War.
Resolved, That no transport be allowed to the prisoners under the Convention in future at the expence of the United States, and that the commanding officer having the care of the said Troops, have full authority to limit the number of waggons and horses to be hired by them, for the purpose of transporting baggage, &c, or the number of Horses to be kept by the Officers, and the price to be by them given for forage to support their own Horses, or of provisions for themselves.
Resolved, That the Board of War take immediate measures for carrying into execution the aforesaid resolutions.1
[Note 1: 1 A copy of this report is in the Washington Papers,Letters to Washington, 96, folio 140.]
Ordered, That it be referred to the Board of War to take order thereon.
A motion was made by Mr. [Theodorick] Bland, seconded by Mr. [George] Walton:
Ordered, That it be referred to the Board of War
A report of the Board of Treasury was read; Whereupon,
Treasurer Office,March 21, 1781.
The Board of Treasury beg leave to report--
Ordered, That on the application of Mr. [Thomas] Burke, a delegate for the State of North Carolina, 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 North Carolina is to be accountable.
The Board of Treasury, according to order, delivered in a general account of the salaries due to the officers on the civil list up to the first of March instant, which was read.
In compliance with an order of Congress of the 23d. of Feby. last directing the Board of Treasury to report the sums due to the Officers of the civil list. The Board beg leave to present the report of the
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Auditor Genlto them, on the several accounts of those Officers as liquidated by the Chamber in consequence of the order aforesaid.
The Board have only to mention, that the account of Francis Hopkinson Esq. Treasurer of Loans was fully settled by the Superintandants of the Treasury on the 19 of July 1779 and a sum of 5503 dollars including a quarter's salary then allowed in full compensation for all his demands, as set forth in his memorial to Congress of the 12th of July 1779 "referred to the Board to take order thereon" which sum Mr Hopkinson now considers as an advance of money: claiming under the resolution of the 4 of Decr 1780, a retrospect to the time of his appointment to office which is admitted by the Commissioners of the Chambers of accounts, and the account is settled by them accordingly.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 185. The enclosure,General Account of Salaries & Arrearages due to the Civil List &c to the 1st March 1781, is in No. 34, folio 267.]
Adjourned to 10 o'Clock to Morrow.
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