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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, APRIL 13, 1781
A letter, of 9, from J. D. Mercier;
A letter, of 10, from W. Gilleylen;
A petition of Elijah Weed;
A memorial of Francis Allison; and
A letter, of 10, from E. Forman and J. Gibson, were read:
Ordered, That the petition of Elijah Weed be referred to the Board of War.
A letter, of 7, from J. Nourse, assistant auditor general, was read;2 Whereupon,
[Note 2: 2 Mercier's letter is in thePapers of the Continental Congress, No. 78, XVI, folio 167; Gilleylen's letter is in No. 78, X, folio 323; Weed's petition, dated April 7, 1781, is in No. 42, VIII, folio 225; Alison's memorial is in No. 41, I, folio 67; Forman and Gibson's letter is in No. 78, IX, folio 463; Nourse's letter is in No. 78, XVII, folio 135.]
Ordered, That the Board of Treasury take order for the payment of the balance reported to be due to the said J. Nourse, and also to the messenger and doorkeeper, as if they had been specially included in the order of the 3d instant.
A letter, of 9th, from Cha. Stewart, commissary general of issues, was read:3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 78, XXI, folio 43.]
Ordered, That it be referred to the committee appointed to examine into the issues of the respective departments, &c.
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A motion was made by Mr. [Abraham] Clark, seconded by Mr. [James Mitchell] Varnum:
That the salaries and pay of the Commissioners of the several boards and chambers of accounts, secretaries and clerks of said boards and chambers, officers in the Hospital Department, and all others employed in any civil department under the United States, where constant attendance to the duties of their office may be necessary, be suspended for all such time as any of the said officers may have been or shall be absent and not in the due exercise of the duties of their respective offices. That the accounts of the Commissioners of the boards and Chambers, and the principles in each other civil department shall before paid be duly certified as to the time of actual service by the respective claimants, and the accounts of all other officers in the civil departments, as to the time of their actual service shall be duly attested by their respective oaths or affirmations, previous to their receiving any pay.1
[Note 1: 1 This motion, in the writing of Abraham Clark, is in thePapers of the Continental Congress, No. 36, 1, folio 151.]
Ordered, That it be referred to the above mentioned committee.
A letter, of March 2, from John Lewis Gervais and Geo. Abbot Hall, was read, enclosing a bill in favour of J. Mathews, Esqr.:2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 78, X, folio 297.]
Ordered, That the same be referred to the Board of Treasury.
A report from the Board of War was read; Whereupon,
War OfficeApril 7 1781
Sir,
The Board have considered the letters from the Commander in Chief and the Pay Master General respecting the extra Ration allowed to Officers to be drawn in kind. If the whole of the Ration was drawn in kind and perfect in every article and the Officers' pay was regularly given them, there might be strong reason in charging them with the extra ration. But as neither of these cases can happen under our present situation we agree with the Commander in Chief that the extra ration should be considered as a gratuity, subject nevertheless to the future order of Congress. It will therefore be
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proper to authorize the Pay Master General to settle with the Officers independent of the extra Ration and perhaps the best way of doing it will be to refer the matter to the Board to take order without making it an Act of Congress.
We therefore beg leave to report
Ordered, That the letter, of 3, from J. Pierce, paymaster general, relative to the extra ration allowed to the officers of the army to be drawn in kind, be referred to the Board of War to take order.
As to the pay of the new levies or six or nine Months Men the Board have a considerable time ago, reported thereon to Congress, that it should be recommended to the States in which they were raised to pay them and charge the amount to the United States.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 393.]
Another report of the Board of War was read; Whereupon,
At a Board Of War,Jany. 16, 1781.
Present Mr. Peters
Genl. Cornell
The board having taken into consideration the situation of the new Levies, lately discharged, submit the following resolution:
Resolved, That the Commander in Chief transmit to the executives of the several states lists of the names of all the new levies belonging to each State respectively, specifying their times of service and the sums due to them; such lists to be signed by the paymasters of the regiments in which the said new levies have served, countersigned by the commanding officer, and approved of by the brigadier or commanding officer of the brigade or corps; and that it be, and hereby is, recommended to the said states, to cause payment to be made to the said new levies, agreeably to such lists, on account of the United States.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 147, VI, folio 93.]
Another report from the Board of War was read; Whereupon,
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War OfficeApril 9, 1781
Sir
The Board have considered the memorial of Col. Febiger referred to them by Congress and beg leave to observe that the delay he complains of, did not arise altogether from a want of knowledge in what manner to report his case. We were sensible if warrants were reported in his favor they could not be immediately paid and we were further informed by the Colonel that if all this was done, he was not ready to leave the City immediately. But to return to the point. The Board are of opinion that upon every principle the Colonel is entitled to as large an allowance as Dr. Skinner was, and if we judge from real service, we must say, much more; but there will be this difference, the Colonel has received one ration and forage for two horses pr. day, which the Doctor did not. The Colonel's account being stated as follows; and the ballance granted will put them both nearly on a footing, without any distinction of service.
Should Congress agree in opinion with the Board it may be proper to Resolve
That a warrant issue onin favor of Col. Febiger for three hundred and fifty dollars of the new Emission in full of his expences, while on command in the City of Philadelphia by order of Major General Greene, and in returning to join his regiment.
Ordered, That the Board of War draw a warrant on the paymaster general in favor of Colonel Febiger, for three months' pay and subsistance equal to three hundred dollars of the new emission, for which he is to be accountable;
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Should Congress be of opinion that the repeal of the resolution respecting allowances to Officers on command should only operate on commands on which Officers were sent after that repeal and cannot affect those Commands which were not closed previous to the repeal, and also that no deductions should be made for the articles of forage and provisions, they will then please to order,
That another warrant issue on the commissioner of the loan office for the State of Virginia, in favour of the said Colonel Febiger, for four hundred and eighty-five dollars in bills of the new emission, for his expences on command.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 401.]
A motion was made by Mr. [James Mitchell] Varnum, seconded by Mr. [John] Mathews:
The United States in Congress assembled taking into consideration the report of the Board of Admiralty respecting John Paul Jones Esqr. a Captain in the Navy, and being impressed with an high sense of his gallant and military conduct; of his zeal and sensibility for the honor of their flag; of his patriotic and successful enterprize to rescue from captivity and violence the citizens of these States, who had fallen under the power of a vindictive Enemy; and in general of the eminent and unremitted services which have given so much lustre to his character as a naval officer, and merited the warmest gratitude of his Country; Do therefore resolve that the thanks of the United States in Congress assembled be given to Captain John Paul Jones for his zealous, intrepid and brilliant services.
Resolved that a golden medal be presented to Capt. John Paul Jones, emblematical of the signal victory obtained by him over the British Ship theSerapis; and that the Board of Admiralty take order herein.2
[Note 2: 2 This motion, in the writing of James Mitchell Varnum, is in thePapers of the Continental Congress, No. 36, I, folio 157.]
Ordered, That it be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [William Churchill] Houston, Mr. [John] Mathews.
On motion of Mr. [John] Sullivan, seconded by [Mr. John] Mathews:
Resolved, That in future alldemands applications ofofficers and soldiers persons serving in the Army forpay or for monies advanced
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settlement of accounts belaid before made to the auditors of the army and Liquidated by them.
That all demands of other persons against the United States belaid before made to the Board of Treasury and Liquidated by them.
That all applications of persons serving in the Army for payment of sums due from the United States be made to the paymaster and those of other Creditors to the Treasury Board, and that such demands as appear properly vouched be paid in whole or in part as the State of the Finances or the General Instructions of Congress may point out.
That two members from Congress attend at the Treasury Board to assist in Liquidating accounts and stating to Congress suchspecial demands ascannot be settled by the general principles require the particular intervention of Congress for settling the same.
That all applicationsfor arrears of clothing respecting rank Discharges or Resignations be made in the first Instance to the Board of War.
That two members of Congress attend the Board of War and in Conjunction with the board to report to Congress such applications as may require the particular intervention of Congress.1
[Note 1: 1 This motion, in the writing of John Sullivan, is in thePapers of the Continental Congress, No. 36, IV, folio 375. It is undated.]
Resolved, That, for the future, all applications of persons serving in the army, for settlement of accounts, be made immediately to the auditors of the army:
That all applications of persons serving in the army, for payment of liquidated sums due from the United States, be made immediately to the paymaster, accompanied with the proper warrants:
That all similar applications of other creditors of the United States, be made immediately to the Board of Treasury, [to be liquidated and discharged, either in whole or in such equal proportion, as the Board of Treasury shall, with the approbation of the United States in Congress assembled, from time to time generally direct.
Resolved, That all applications respecting rank, discharges, losses of horses, cloathing, or other articles, in the service,
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and for arrears of cloathing and other articles, be made in the first instance to the Board of War.
Resolved, That all applications for resignations be made to the Commander in Chief, or to the officer commanding in a seperate department.
On motion of the Medical Committee:
Ordered, That a warrant issue on John Hopkins, commissioner of the continental loan office for the State of Virginia, in favor of Thomas Bond, Junr., purveyor of the hospital, for five thousand dollars of the new emission, to be by him put into the hands of Nathan Brownson, deputy purveyor, to pay three months' salary and wages due to the officers and others employed in the hospital established for the southern army and to procure supplies for said hospital, for which sum the said purveyor is to be accountable.
The Board of War, to whom was referred the letter, of March 28th, from Peter Deveaux, delivered in a report; Whereupon,
War OfficeApril 9, 1781
Sir
The Board have considered the Memorial of Major Devoux referred to them by Congress, and beg leave to observe, that by the Act of Congress of the 8th. day of January 1780, pay was allowed for all horses killed in action, and by their Act of the 29th. day of November last, pay is allowed for horses wounded in Action, provided they are delivered to the Q. Master. By the Major's certificate it does not appear to the Board, his cases come under either of the aforementioned resolutions, as it is expressly said, he lost him on a retreat. As to that part of his Memorial that respects his pay, the Board can only say the Major appears to them, to have been serving in no other capacity than that of a volunteer, and while they applaud his zeal they cannot report any pay due to him, as they are convinced Major General Gates had two aids regularly appointed at the same time; nevertheless should Congress be of opinion, that a gratuity ought to be made him, in that case, it may be proper to resolve
Ordered, That a warrant issue onThomas Harwood Thomas Smith, commissioner of the continental loan office
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for the State ofMaryland Pensylvania, in favor of Peter Deveaux, for three hundred and sixty dollars in bills of the new emission in full for his services in the southern army.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, VI, folio 397.]
A motion was made by Mr. [Jesse] Root, seconded by Mr. [Oliver] Wolcott:
Ordered, That it be referred to the Board of Treasury.]2
[Note 2: 2 The portion in brackets was entered in the Journal by George Bond.]
Ordered, That Mr. [Oliver] Wolcott have leave of absence.
The committee to whom were referred the letter, of March 1, from General Washington, and the memorial of Colonel Hazen; and
The committee on the letter, of 30 March, from Colonel Pickering, delivered in their reports.3
[Note 3: 3 A letter of April 7 from the Board of War, relative to the transportation of General Lafayette's detachment, was read, as the indorsement indicates. It is in thePapers of the Continental Congress, No. 148, I, folio 353.]
Adjourned to 10 o'Clock to Morrow.
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