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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 --TUESDAY, MARCH 27, 1781
A letter, of 19, and one, of 21, from the governor of Virginia, were read:1
[Note 1: 1 The letter of 19 is in thePapers of the Continental Congress, No. 71, II, folio 57; that of 21 is on folio 67.]
Ordered, That the letter, of 21, be referred to the Board of War to take order.
A letter, of 21, and one, of 24, from Colonel Pickering, quartermaster general, were read, with sundry papers enclosed:2
[Note 2: 2 The letter of March 21 is in thePapers of the Continental Congress, No. 147, VI, folio 453; that of 24 is on folio 427.]
Ordered, That they be referred to the Board of War.
A letter, of this day, from J. Wilkinson, cloathier general, was read, desiring leave to resign:
Ordered, That his resignation be accepted.
A letter, of 23, from the governor of Maryland, was read.3
[Note 3: 3 Wilkinson's letter is in thePapers of the Continental Congress, No. 78, XXIV, folio 297; the Maryland letter is in No. 70, folio 461.]
A report from the Board of Treasury was read; Whereupon,
Treasury OfficeMarch 22nd. 1781
Whereas Congress did by their Act of the 15 day of February last authorize Joseph Howell Junr one of the Auditors of accounts for the Main Army to open his office in Philada. for the purpose of settling such accounts as come properly before him as Auditor aforesaid, and whereas a variety of accounts in consequence thereof have been presented to him and settled: whereby it becomes necessary, that during the residence of the aforesaid Auditor in Philada. there should be a power lodged with some Board, that may supersede the necessity of reporting such accounts to the Commander in Chief, or commander of a detachment as is directed by the Ordinance establishing the Auditor aforesaid which directs,
"He shall present the accounts settled by him, and the abstract, with certificate of what is due, to the Commander in Chief, or commander of a detachment having a Military chest, who shall thereupon unless he has reason to the contrary, issue warrants on the Pay Master, or Dy. Pay Master Genl in discharge thereof," Whereupon the following resolution is submitted:
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Resolved, [That the Board of War be, and they are hereby, authorised to receive and examine such accounts as shall be reported to the said Board by Joseph Howell, jun. one of the auditors for the main army during his residence in Philadelphia, and to issue their warrants on the paymaster general, or deputy paymaster, in discharge of such of the accounts aforesaid as the said Board shall judge proper and necessary, in the same manner as the Commander in Chief, or commander of a detachment having a military chest, are directed by the ordinance of the 30th July, 1779.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 189.]
Another report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of George Bond, deputy secretary to Congress, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty thousand dollars old emissions on account of his salary, and for which he is to be accountable:2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 136, V, folio 209.]
That on the application of John L. Clarkson, clerk to the Board of Treasury, a warrant issue in his favor on Thomas Smith, commissioner aforesaid, for ten thousand dollars old emissions, on account of his salary, and for which he is to be accountable].3
[Note 3: 3 This report is in thePapers of the Continental Congress, No. 136, V, folio 203.
The portion in brackets was entered in the Journal by George Bond.]
The motion of Mr. Madison was again taken into consideration; and thereupon, the following ordinance was passed:
An ordinance relative to the capture and condemnation of prizes.
The United States in Congress assembled, taking into consideration the implacable war waged against them by the King of Great Britain, and judging it inconsistent with their dignity as a free and independent nation, any longer to continue indulgences and exemptions to any of the subjects of their enemy, who is obstinately bent upon their destruction or subjugation, have thought proper to ordain and
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order, and it is hereby ordained and ordered, that henceforward general reprisals be granted against the ships, goods and subjects of the King of Great Britain; so that as well the fleets and ships of these United States, as also all other ships and vessels commissioned by letters of marque or general reprisals, or otherwise, by the authority of the United States in Congress assembled, shall and may lawfully seize all ships, vessels and goods, belonging to the King or Crown of Great Britain, or to his subjects or others inhabiting within any of the territories or possessions of the aforesaid King of Great Britain, and bring them to judgment in any of the courts of admiralty that now are or hereafter may be established in any of these United States by the authority of the United States in Congress assembled: and the said courts of admiralty are hereby authorized and required to take cognizance of and judicially to proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships and goods that are or shall be taken, and to hear and determine the same, and, according to the course of admiralty and the laws of nations, to adjudge and condemn all such ships, vessels, and goods, as shall belong to the King of Great Britain, or to his subjects, or to any others inhabiting within any of the countries, territories or dominions, or possessions of the aforesaid King of Great Britain.
And that the Board of Admiralty or Secretary of Marine forthwith prepare, and lay before the United Stages in Congress assembled, a draught of instructions for such ships or vessels as shall be commissionated for the purposes above mentioned.
And it is hereby farther ordained, that the destruction of papers, or the possession of double papers, by any captured vessel, shall be deemed and taken as just cause for the condemnation of such captured vessel; and that [when any prize, having been taken and possessed by the enemy twenty-four hours, shall be retaken from them, the whole of such re-captured prize shall be condemned for the use of the re-captors; but in cases where the prize shall have continued in the possession of the enemy less than twenty-four hours, it shall be restored to the original owner or owners, except one-third part of the true value thereof, which shall be allowed as salvage to the re-captors].1
[Note 1: 1 The substance of the part in brackets, in the writing of James Duane, is in thePapers of the Continental Congress, No. 36, I, folio 127. Another version, in the writing of James Madison, is on folio 131.]
And it is hereby farther ordained, that the citizens and inhabitants of these United States be, and they hereby are, strictly enjoined and required to abstain from all intercourse, correspondence or dealings
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whatsoever, with the subjects of the said King of Great Britain, while at open war with these United States, as they will answer the same at their peril; and the executives of the several states are hereby called upon to take the most vigilant and effectual measures for detecting and suppressing such intercourse, correspondence or dealings, and bringing the authors thereof, or those concerned therein, to condign punishment.
And in order the more effectually to remove every colorable pretence for continuing such intercourse, it is hereby ordained that from and after the first day of November next, no benefit shall be claimed from, nor countenance or regard paid to any letters of passport or safe conduct, heretofore granted by the Congress of the United States, to any of the citizens or inhabitants thereof, or to any person or persons whatever, for the removal of their property or effects from places within the dominions or possessions of the said King of Great Britain:
Provided always, that this ordinance shall not extend to authorize the capture or condemnation of any vessel belonging to any inhabitant of Bermudas, which, being loaded with salt only, may arrive in any of these United States, on or before the first day of May next.
And it is hereby ordained, that all former acts or resolutions of Congress, contrary to the tenor, true intent and meaning of this ordinance, be and they are hereby repealed.
Done by the United States in Congress assembled, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-one, and in the fifth year of our Independence.
The United States in Congress assembled proceeded to the election of a deputy purveyor of the hospital for the southern army, and, the ballots being taken and counted, Dr. Nathan Brownson was elected, he having been previously nominated by Mr. [Samuel] Adams.
Adjourned to 10 o'Clock to Morrow.
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