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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 --THURSDAY, MARCH 29, 1781
A memorial of Captain Le Vacher de St. Marie was read:1
[Note 1: 1 This memorial, dated March 28, 1781, is in thePapers of the Continental Congress, No. 78, XVI, folio 163.]
Ordered, That it be referred to the Board of War to take order for three months' pay, the resolution of the 4 January notwithstanding.
A letter, of 24, from Doctor W. Burnet, was read, signifying his acceptance of the office of chief physician and surgeon of the hospital.2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 78, IV. folio 153.]
A report from the Board of Treasury on the letter of John Lawrence, treasurer to the State of Connecticut, was read; Whereupon.
Treasury Office,March 26th., 1731.
The Board of Treasury on the letter of John Lawrence, Treasurer to the State of Connecticut and late commissioner of the loan office in the said State, accompanied with a letter of the same elate from his Excellency Governor Trumbull to them referred, beg leave to report,
Ordered, That the treasurer of the United States be directed by the Board of Treasury to draw an order on the said John Lawrence, treasurer aforesaid, in favour of Ephraim Blaine, commissary general of purchases, for the sum of one million of dollars, in part discharge of a warrant drawn in his favour by the President of Congress on the said Lawrence, as treasurer to the State aforesaid, for one million three hundred and twenty-nine thousand one hundred and fifty dollars, dated the 1st day of July last, which is to be substituted in place of a warrant to be returned and cancelled at the treasury, drawn by the President of Congress on the said J. Lawrence, as commissioner of the loan office in the State aforesaid, dated the 24th of January, 1780, in favour
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of the said E. Blaine, and hath been paid out of the monies raised in the said State for the use of the United States.
On a farther report from the Board of Treasury on the letter, of 13 instant, from J. Pierce, paymaster general:
Ordered, That for the discharge of the pay and subsistance due to the main army on the estimate exhibited by the said J. Pierce, of the 11 December last, John Lawrence, treasurer to the State of Connecticut, be and he hereby is authorized and directed to pay to the order of the aforesaid John Pierce, paymaster general, eight hundred forty-four thousand eight hundred and thirty-six dollars, the residue of a warrant drawn on him by the President of Congress for eight hundred and sixty-four thousand eight hundred and thirty-six dollars, in favour of Colonel Palfrey, late paymaster general, assigned by him to Thomas Reed, deputy paymaster general, for the pay of the army, dated 17 April, 1780, and for which he hath given his promissory note on taking up the aforesaid warrant, as appears by his letter, of the 31 January last, to the Board of Treasury;
That the treasurer of the United States be directed by the Board of Treasury to draw an order on Henry Gardner, treasurer to the State of Massachusetts, in favour of John Pierce, paymaster general, for the sum of two million two hundred and eighty-one thousand nine hundred and forty-four dollars old emissions, payable out of the monies due on the quotas raised by the said State for the use of the United States, for which said sums, amounting to three millions one hundred and twenty-six thousand seven hundred and eighty dollars old emissions, the said paymaster general is to be accountable.
The board on the memorial of John Lloyd transmitted to Congress in his Letter of the 28th of February last, beg leave to report
That they have already reported at two several times upon the case of Mr Lloyd vizt on the 23d of March 1780 and on the 2d of January 1781; to which they beg leave to refer: and they are of opinion
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there is nothing contained in his last letter and memorial that should induce Congress to order payment in loan office certificates of the date he mentions.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 195. The last paragraph was postponed, as the indorsement shows, and on October 27 Lloyd's memorial was referred to the comptroller.]
On a farther report from the Board of Treasury on a letter from Messrs. Burrall and McCall, extra commissioners of accounts, dated Hartford, March 8, 1781:
Ordered, That a warrant issue on John Lawrence, treasurer for the State of Connecticut, in their favour for thirty thousand dollars each in bills of the old emissions, on account of their salary, and for which they are respectively to be accountable.
A petition of Henry Armistead was read:2
[Note 2: 2 This petition is in thePapers of the Continental Congress, No. 78, I, folio 401.]
Ordered, That it be referred to the Board of Treasury.
A memorial of George Tudor, late of the 5th Pensylvania regiment; and
A letter from B. Bankson, one of the clerks in the office of the commissary of issues, were read, with sundry papers enclosed:
Ordered, That they be referred to the Board of War.
A petition of Frederick Bicking; and
A memorial of Jacob Geiger, were read.3
[Note 3: 3 Tudor's memorial, dated March 26, 1781, is in thePapers of the Continental Congress, No. 41, X, folio 121; the Bankson letter, signed by Geo. Bensell and B. Bankson, Jun., is in No. 78, IV, folio 157; Bikcing's petition, dated March 27, 1781, is in No. 42, I, folio 246; Geiger's memorial, dated March 28, 1781, is in No. 41, III, folio 479.]
The Board of War, to whom was referred the letter, of 21, from the governor of Virginia; and
The delegates of Pensylvania, to whom were referred the letter from S. Miles and report of the Board of War thereon, delivered in their several reports; Whereupon,
War OfficeMarch 28th. 1781
Sir,
The Board have in consequence of that part of Governor Jefferson's letter ordered off as many Musket Cartridges from the small
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stock the Commissary General has on hand as can possibly be spared. The distress evidenced by this letter is but the beginning of the misfortunes which must inevitably fall both on the Main and Southern Armies for the want of Ordnance Stores of almost every description which are in the whole deficient tho' we have most of the Article of powder. Of Lead Flints and Cartridge paper there is an absolute want, and even the smallest supply would be of service to keep our affairs in this way from total stagnation. If four thousand dollars in Specie or the value of it in current money could be furnished immediately in part of the general estimate, we should be enabled to buy about ten Tons of Lead and a small supply of Flints, Cartridge paper and thread. If Congress should think proper to be informed of the quantities of those articles or any others in the Ordnance Department on hand the Board will be happy to give the information at a moment's notice. We cannot add to the repeated representations we have made on the necessity of enabling the Commissary General of Military Stores to prepare the stores necessary for the Army and without which no operation can be undertaken. The estimates already before Congress sufficiently shew the nature and necessity of the articles wanted and the danger of their not being supplied and prepared.
If the sum now asked for is more than [can] be furnished, any sum that can be given shall be expended so as to produce as many of the articles as possible.
Ordered, That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for four thousand dollars of the new emission, in favour of the commissary general of military stores for the purchase of articles mentioned in the said report; and that this warrant be paid in preference to any others heretofore issued:1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 347.]
The Delegates of Pennsylvania to whom was referred the Report of the Board of War with a letter of Samuel Miles Dy. Qr Mr Genl for Pennsylvania Report as follows,
That they have conferred with the executive council of Pennsylvania and found in them a ready disposition to advance the sum required in Colo. Miles's estimate, to enable the first division of the Pennsylvania line to begin their march, but that having already
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advanced to Colo. Miles the sum of Three thousand five hundred pounds for the service of the United States, on his personal obligation, they thought it but reasonable on the new advance consented to that a warrant comprehending both sums should be issued by Congress in their favor, in which sentiment the Delegates concur with the Council and therefore submit the following Resolution,
Ordered, That a warrant issue on the treasurer of the United States fortwelve thousand nine hundred and thirty three dollars thirteen thousand four hundred and sixty-six dollars and two-thirds of a dollar new emission, in favour of the supreme executive council of Pensylvania, being the amount of monies advanced at sundry times to Colonel S. Miles, deputy quartermaster general for Pensylvania by the said council for the service of his department, for which sum the quartermaster general is to be accountable.1
[Note 1: 1 This report, in the writing of George Clymer, is in thePapers of the Continental Congress, No. 20, II, folio 119.]
The committee to whom was referred the letter, of 22, from B. MeClenachan and others, respecting the purchase of cannon, report that the Board of Admiralty, who were empowered to take order respecting that matter, have finished the business, and that the said B. McClenachan and others have obtained an order from the Board for the delivery of ten pair of cannon.
A letter, of 29, from J. Patton and Robert Coleman, was read;2 Whereupon,
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 78, XVIII, folio 365.]
Ordered, That the money arising from the sale of the cannon mentioned in the foregoing report be applied to enable the Board of War to comply with their contract for shot and shells.
A report from the Board of Treasury was read; Whereupon,
Ordered, That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Mr. S[amuel] Johnston, one of the delegates
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of North Carolina, on his application, for twenty thousand dollars old emissions, for which the said State of North Carolina is to be accountable.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 211.]
The committee to whom was referred the letter, of the 19, from the governor of New York;
The committee on the letter, of 9th, from Alexander McDougall;
The committee on the letter, of 13, from R. Morris; delivered in their several reports:
The Committee to whom was referred the letter of the 13 inst from Robert Morris, Esqr on the subject of the office and duties of the Superintendant of Finance, report.
That they have attentively considered the said letter, and have called upon Mr Morris for such further and particular explanations as appeared necessary. His letter to the Committee they have annexed to their report for the satisfaction and information of Congress.
On the whole matter committed to them they submit the following Resolutions:
That the Superintendant of Finance be, and he hereby is, authorised to remove from office or employment for incapacity, negligence, dishonesty or other misbehaviour all persons entrustedNegatived. with and immediately employed in the expenditure of the public money, and also all such as are, or shall be, in his judgment unnecessary: provided that such power of removal from office shall be limited to the duration of the present war.
That he be authorised to exercise a like power with respect to those who are immediately entrusted with the issues or expenditure of public supplies, stores, or other property.
That he be authorised to exercise a like power with respect to those who are employed in stating, examining and passing the public Accounts; and all receivers of the Continental Revenues of the United States.
That the said Superintendant of Finance shall exercise the aforesaid powers so far forth only as any of the persons who may be affected by them, act in a civil capacity: and such Powers shall not extend to interfere with the rank or Commission of any Officer in the line of the Army.
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That when any person is removed, as aforesaid, the Superintendant of Finance shall transmit to such authority, Board, Minister or Officer to whom it may belong to supply the vacancy, the name of any person so removed, and report to Congress the reasons for such removal.
That the Superintendant of Finance be authorised and directed, whenever he shall deem it expedient, to put in Arrest by order in Writing any of the persons herein before described as employed or entrusted with the expenditure or issues of public money or stores, who are, or shall be amenable to the law martial and who shall appear to him to have committed any waste, embezzlement or misapplication of the public money, stores or other property, and to give immediate notice of such arrest to the officer whose duty it may be to order a Court of Enquiry or Court-martial as the nature of the case may require: and such Officer is hereby directed to order proceedings on the said arrest in like manner as if the same had been ordered by a military Officer duly authorised.
That the foregoing powers shall not extend to those who are, or shall be, duly entrusted with money for secret services, they being accountable to Congress only, the Commander in Chief or such person or persons as they may respectively appoint for that purpose.1
[Note 1: 1 This report, in the writing of William Churchill Houston, is in thePapers of the Continental Congress, No. 19, IV, folios 309--311.]
Ordered, That the report on the letter from Major General A. McDougall be taken into consideration to Morrow, and that on the letter from Mr. Morris on Saturday next.
The report of the Board of War on the representation of Captain John Lucas was taken into consideration; Whereupon,
At A Board Or WarMarch 20th 1781.
Present Mr. Peters
Genl. Cornell.
The Board have considered the reference with which they were honored by Congress on the memorial of Captain Lucas, and beg leave to observe, that it appears by the enclosed certificate (to which we beg the particular attention of Congress) that Captain Lucas has pay due him for a considerable time in the Continental bills, which is at this time of but little value, and no mode as yet settled for making good the depreciation to Officers, except by the States to which they belong; at the same time they must further observe,
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that Captain Lucas has received in the new Bills one hundred and forty eight dollars, which is only two dollars short of three months pay and subsistence. If from the aforegoing state of facts, and the distressed situation of Georgia, in which line he is, and the utility of his going to the southern Army there should appear sufficient inducements for Congress to order any further sum advanced, it may be proper to resolve,
Ordered, That the Board of War draw a warrant on the paymaster general, in favor of Captain John Lucas of the late Colonel White's regiment of the Georgia line, for three months' pay and subsistance equal to one hundred and fifty dollars of the new emission on account, to enable him to join the southern army.
N B The Board beg leave to observe that there is a number of Officers belonging to the Georgia line nearly in the same situation with Captain Lucas on account of pay scattered in the Country.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 311.]
The delegates of Georgia laid before Congress sundry papers relative to the captivity of Sir James Wright, and the parole given by him, and the violation of that parole:
Ordered, That the same be referred to a committee of three:
The members, Mr. [George] Walton, Mr. [James Mitchell] Varnum, Mr. [Thomas] Bee.
[A report from the Board of Treasury on the letter of Aaron Levy was read; Whereupon,
Resolved, That until the loan offices of South Carolina and Georgia be fixed, and public notice thereof given, agreeably to the resolution of Congress of the 3d of August last, the treasurer of the United States be empowered to issue loan office certificates in discharge of interest that is or shall be due on loan office certificates issued from either of the loan offices aforesaid, in the same manner and upon the same principles as certificates for interest are issued from other loan offices.
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The Board of Treasury have considered the memorial and papers presented to Congress by Nathaniel Rochester in behalf of Colonel Thomas Hart and beg leave to report
That Colonel Thomas Hart's accounts ought to be settled in the southern department, where they were contracted,Re-committed. and paid out of the monies arising from the quotas of the Southern States.
The Board of Treasury, to whom was referred the petition of Isaac da Costa, report:
"That for the payment of the interest due on the Certificates said to have been taken out of the loan office of South Carolina, the Petitioner be referred to Michael Hillegas, in pursuance of the act of Congress of the 3d of August last;
That payment of the principal sums of the said Certificates in the present state of the finances cannot be made:"1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, V, folio 205.]
Resolved, That the United States in Congress assembled agree to the said report.]2
[Note 2: 2 The portion in brackets was entered by George Bond.]
The report from the Board of War, respecting the regiment of artificers, was taken into consideration; and, thereupon,
War OfficeMarch 23th 1781
Sir.
The Board have been honored with a reference of Colonel Pickering's letter of the 24th inst and beg leave to report on that part of it which relates to the Artificer Regiment which in our opinion requires immediate determination as there are a number of Officers drawing PT and rations whose services are on all hands agreed to be unnecessary. As to the subjecting the Artificers totally to the orders of the Commanding Officer of Artillery it was a suggestion of Colonel Pickering's. The same difficulties as to hiring will exist in the Ordnance as are supposed in the Department of Quarter Master General, the regiment of Artillery Artificers (one company whereof was always with the rank in the field) being also about to be dissolved. The Officers now with the Artillery Artificers we believe to be very capable and therefore it may be proper to retain these in preference to those of the other regiments. Not being competent judges of this we wish the matter to be left open for the determination of the Commander in Chief who will consult, no doubt both the Qr
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Master Genl and the Commanding Officers of Artillery, and order the company to be employed, as well as officered, as shall be most expedient.
Resolved, That the regiment of artificers, commanded by Colonel Baldwin, be dissolved; and those of the non-commissioned officers and privates whose times of service are unexpired, and are now with the main army, be formed into one company, under such officers, and be employed in such way, as the Commander in Chief shall direct:
That the artificers with the southern army be also formed into one company, under a competent number of officers to be selected by the commanding general of that army:
That all officers of the regiment of artificers not retained by virtue of these resolutions, be no longer considered in the service of the United States.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 351.]
War OfficeMarch 23rd 1781
Sir,
The Board have received information from Carlisle that the greater part of the regiment of Artificers there are liable to the same dispute with respect to their enlistments as induced the discharge of great numbers of the Pennsylvania Line. Finding this precedent established, we have given orders for the discharge of all the Men under this predicament. This part of the regiment will be reduced to about fifty Men and we see no prospects of reuniting it nor is it perhaps eligible under present circumstances that it should be so. We therefore deem it proper that Congress be pleased to direct,
Resolved, That all the non-commissioned officers and men of the regiment of artillery artificers at Carlisle, whose times of service are unexpired, be formed into one or more company or companies, and the officers at that place, except Captains Wiley and Jordan, be no longer considered in the service of the United States.
The discharge of so many of the Men of this regiment will throw still greater obstacles in the way of procuring the Ordnance supplies than have heretofore existed and involves the greater necessity of the
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Department being supplied with money that the articles may be procured on contracts which cannot be done without cash, tho' with it this method will probably turn out the cheapest and best mode of obtaining them.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 335.]
[Report of Committee on Letter from Charles Pettit A Q. M. G.]
The Committee Submit the following Report:
Your Committee report it as their opinion that no sufficient vouchers have been produced to authorize Warrants on the State Treasury of Virginia for the advances of that State to the late Quarter Master General's Department.
Nor have your committee any information or materials on which they can recommend the warrant requested by Col Finnie late Deputy Quarter Master General for 3,125,691 75/90 to discharge the debts due from his Department.2
[Note 2: 2 This report, in the writing of James Duane, is in thePapers of the Continental Congress, No. 19, V, folio 115. The indorsement says: "Read 29th of March, 1781, and recommitted," and a note by Duane is added: "This recommitment superceeded by an Act of Congress, on motion ordering the warrant."
A memorial of Rachael Farmer was read on this or an approximate date and ordered to lie on the table, as the indorsement shows. It is in thePapers of the Continental Congress, No. 41, III, folio 244.]
Adjourned to 10 o'Clock to Morrow.
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