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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, MAY 4, 1781
A letter, of 28 April, from Major General the Marquis de la Fayette;
A letter, of 31 March, from Major General Greene, was read.
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A letter, of 18, and one, of 23 April, from the governor of Virginia, were read.
A letter, of this day, from J. Fierce, paymaster general, was read:
Ordered, That it be referred to the Board of War.
A memorial of Samuel and Robert Purviance and others was read, with sundry papers enclosed:
Ordered, That the same be referred to [the] Board of Admiralty.
A letter, of 2, from the Board of War, was read, respecting the accounts of Captain Adam Bitting, late of the 4 Pensylvania regiment:1
[Note 1: 1 Lafayette's letter is in the Papers of the Continental Congress, No. 156, folio 131; Greene's is in No. 155, II, folio 35; the Virginia letter of April 18th is in No. 71, II, folio 101; that of April 23d on folio 105; Pierce's letter is in No. 165, folio 615; the Board of War letter is in No. 147, V, folio 75.]
Ordered, That it be referred to the Board of War to take order, the resolution of 4 January last notwithstanding.
A letter, of 2, from the Board of War, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 147, V, folio 59.]
Ordered, That it be referred to the Board of Treasury, and that the Board take such measures as they conceive proper for adjusting the accounts of Joseph Carson and others, owners of the sloop Carolina packet employed by the Board of War as a flag, and take order for the discharge of such reasonable sums as shall be found due from the United States.
A letter, of 2, from Cha Pettit, assistant quartermaster general, was read, with sundry papers enclosed:3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 192, folio 339--341.]
Ordered, That the report of the committee on the letter, of 13 April, from J. M. Scott, be re-committed, and that the letter from Cha Pettit, with the papers enclosed, be referred to the said committee.
On motion of Mr. [Abraham] Clark:
Ordered, That a warrant issue on Joseph Borden, commissioner of the continental loan office in the State of New
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Jersey, in favour of Joseph Carleton, paymaster of the Board of War and Ordnance, for five hundred dollars of the new emission, to be applied to the payment of James Byers, in part of the pay due to him from the United States on a contract formerly entered into by the Board of War, for which sum the paymaster of the Board of War and Ordnance is to be accountable.1
[Note 1: 1 This motion, undated, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 36, IV, folio 381.]
The committee appointed to collect and cause to be published two hundred copies of the Declaration of Independence, the articles of Confederation and perpetual union, &c., reported that they have performed that business and that there is due to Francis Bailey for printing and binding the said two hundred copies the sum of sixty pounds, equal to one hundred and sixty dollars specie:
Ordered, That it be referred to the Board of Treasury.
A motion was made by Mr. [John] Sullivan, seconded by Mr. [James Mitchell] Varnum:
Ordered, That it be referred to a committee of three:
The members, Mr. [John] Witherspoon, Mr. [George] Clymer, Mr. [Nicholas] Van Dyke.
Ordered, That Mr. [John] Witherspoon be added to the committee on the memorial of sundry officers late of the hospital staff;
And to the committee on the letter, of 30 March, from Colonel T. Pickering; in the room of Mr. [William Churchill] Houston, who is absent.
The report of the committee, ∥consisting of Mr. Duane, Mr. Ward, Mr. Bland,∥ on the letter of March 16, 1780, ∥from Dr. Franklin,∥ and the memorial of Thomas Hutchins was taken into consideration; and Thereupon
That the said Captain Hutchins be appointed a Geographer to the army acting to the South, and that he repair to the Hd. Qrs. of the said Army with all convenient speed, and put himself under the orders of the Commr. of the said Army for the time being.
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Resolved, That the pay and emoluments of the said Hutchings, be the same as those of the Geographer to the Northern Main Army.1
[Note 1: 1 This report, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 19, II, folio 339.]
Resolved, That Thomas Hutchins be appointed geographer to the southern army, with the same pay and emoluments as are allowed to the geographer to the main army.2
[Note 2: 2 From this point the entries in the Journal are by George Bond.]
The report of the committee appointed to revise the rules for conducting business in the United States in Congress assembled, was taken into consideration; and, Thereupon,
The Committee appointed to devise the Rules for conducting business in the United States in Congress assembled, beg leave to submit the following draft, viz.
Rules for conducting business in the United States in Congress assembled.3
[Note 3: 3 These paragraphs are in the writing of James Duane.]
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but none of those subjects for the determination of which the assent of nine states is requisite shall be agitated or debated, except when nine states or more are assembled.
When a doubt is raised whether any motion or question is of the number of those for the determination of which in the affirmative the articles of confederation require the assent of nine states, the votes and assent of nine states shall always be necessary to solve that doubt, and to determine upon such motions or questions.1
[Note 1: 1 This paragraph is in the writing of James Duane.]
9. When any ordinance is introduced by report or otherwise, it shall be read a first time for the information of the house without debate. The President shall then put the
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following question "Shall this ordinance be read a second time." If it passes in the affirmative then a time shall be appointed for that purpose when it shall be read and debated by paragraphs and when gone through, the question shall be "Shall this ordinance be read a third time"; if agreed to, and a time appointed, it shall be accordingly read by paragraphs, and if necessary debated, and when gone through the question shall be "Shall this ordinance pass", if the vote is in the affirmative, a fair copy shall then be made out by the Secretary, either on parchment or paper and signed by the President and attested by the Secretary in Congress and recorded in the Secretary's office.1
[Note 1: 1 This paragraph is in the writing of John Mathews.]
before decision, be withdrawn, with the consent of a majority of the states present.[Note 2: 2 Here Charles Thomson resumes the entries in the Journal.]
13. Before an original motion shall be brought before the house, it shall be entered in a book to be kept for the purpose and to lie on the table for the inspection of the members, and the time shall be mentioned underneath when the motion is to be made, that the members may some prepared and nothing he brought on hastily or by surprise.3
[Note 3: 3 This paragraph is in the writing of James Duane.]
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16. The previous question (which is always to be understood in this sense that the main question be not now put) shall only be admitted when in the judgment of two states at least, the subject moved is in its nature or from the circumstances of time or place improper to be debated or decided, and shall therefore preclude all amendments and farther debates on the subject, until it is decided.
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24. Every member when he chuses to speak shall rise and address the President. When two members chance to rise at the same time, the President shall name the person who
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is to speak first. Every member both in debate, and while the states are assembled shall conduct himself with the utmost decency and decorum. If any member shall transgress, the President shall call to order. In case the disorder be continued or repeated the President may name the person transgressing. Any member may call to order.
[Note 1: 1 From this point the report is in John Mathews's hand.]
30. No member shall leave Congress without permission of Congress or of his constituents.
31. No member shall read any printed paper in the house during the sitting thereof.
The members of such Committee not to be eligible a second time until all the other members have served.
32. The habit of a member of Congress in future shall be a plain purple gown with open-sleeves, plaited at the bend of the arm. And that no member be allowed to sit in Congress without such habit.
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33. The members of each state shall sit together in Congress, for the more ready conference with each other on any question above be taken that the house might not be disturbed by the members moving Postponed. from one part to another to confer one the vote to be given. That for the better observance of order, New Hampshire shall sit on the left hand of the President and on every question be first called, and each state from thence to Georgia shall take their seats in the order that their states are situated to each other. The delegates of the respective states to sit in their order of seniority.1
[Note 1: 1 This report, in the writing of Charles Thomson except as otherwise indicated, is in the Papers of the Continental Congress, No. 23, folios 64--66.]
A report from the Board of Treasury was read: Whereupon,
Ordered, That on the application of Mr. [William] Sharpe, a delegate for the State of North Carolina, a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for three hundred dollars new emission, for which the State of North Carolina is to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, V, folio 291.]
Adjourned to 10 o'Clock on Monday.
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