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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 --WEDNESDAY, MAY 16, 1781
A report from the Board of Admiralty ∥to whom was referred the letter of the 28th. of January, from the honourable J. Jay∥ was read; Whereupon,
Resolved, That Mr. Jay be and he is hereby authorised to dispose of the hull of the 74 gun ship now on the stocks at Portsmouth in the State of New Hampshire, together with such timber and other materials as are prepared for building her, to his Catholic Majesty, on such terms as he may judge best for the honor and interest of the United States:1
[Note 1: 1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.]
Ordered, That the remainder of the report be re-committed and that the Board confer with the superintendant of finance on the subject.
A report from the committee of the week was read; Whereupon,
The Committee for the Week Report
Referred to the Board of War.
Referred to the Board of War.
Ordered, That the reports on the charges against the Commissioners of the Board of Treasury together with the charges and Postponed. defence be filed in the secretary's office and that Mr. Foreman be informed that his resignation is accepted.2
[Note 2: 2 This report, in the writing of Samuel Johnston, is in the Papers of the Continental Congress, No. 32, folio 429. Forman's letter, dated May 16, 1781, is in No. 78, IX, folio 477.]
Ordered, That a letter from Brigadier W. Thompson, signifying his resolution to retire, be referred to the Board of War;
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That the petition of Captain Gilbert be referred to the Board of War.1
[Note 1: 1 Thompson's letter, dated May 8, 1781, is in the Papers of the Continental Congress, No. 159, folio 340; Gilbert's petition is in No. 42, III, folio 236.]
A letter, of 16, from E. Forman, was read; Whereupon,
The report of the committee, ∥consisting of Mr. Jones, Mr. Sullivan, Mr. Root,∥ to whom was referred the complaint exhibited by the treasurer of leans against the commissioners of the Board of Treasury, together with the reports of the committee on that subject, was called for; and the same being read, was accepted and ordered to be entered on the Journals.
The report is as follows:
"That on the first of April, 1780, the Treasury Board, consisting of two members of Congress and one commissioner, ordered the following advertisement to be published, viz. 'For the information of such persons as have business with the Board of Treasury of the United States, notice is given, that the hours appointed to receive applications, are from twelve at noon to two, and from four to five in the afternoon:' and on the 24th June, 1780, the Treasury Board, consisting of two members of Congress and three commissioners, ordered that the treasurer of loans transmit to the Board of Treasury all applications from the several loan officers for loan office certificates, bills of exchange, or other things appertaining to their respective offices, or certified copies of such applications. Your committee find that the establishment of the aforesaid regulations, which appear to have been adopted for good purposes, and the endeavors of the commissioners to carry them into effect, gave rise to the imputation of undue pride and insolence of office contained in the first article. With respect to the second article of charge, for issuing absurd and incorrect orders, your committee find that the mistakes and errors referred to, were timely rectified without any injury to the public, appear to have been accidental, and mostly owing to some inaccuracies in the official returns made to the Board.
"Your committee further find, that the state of the treasury, and the many large drafts upon it, often make it necessary, in particular emergencies, that preference should be given to some warrants in order to save the public from suffering the most essential injury; and that
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the Board of Treasury, for the purpose aforesaid, did exercise a controlling power over payments at the treasury1 which appears to be the ground of the charge contained in the third article.
[Note 1: 1 At this point George Bond made the entries in the Journal.]
"Your committee further find, that the treasurer of loans, pursuant to the orders of the Board of Treasury, made return of all loan office certificates received and issued by him, with the times when, and persons to whom, and also of all those which remained on hand, which return is dated the 17th of March, 1780: that one of the commissioners afterwards made this entry at the foot of one of the columns of 200 dollars, viz. 'March 29th, S. Ca. 250;' which appears to have been done without any design or scarcely a possibility of injuring any person thereby, but merely for the purpose of having the whole in one view; which is all the evidence in support of the 4th article, which is for interlining and altering accounts filed in the records of their office.
"Upon the whole, your committee are of opinion, that none of the articles of charge aforesaid against the commissioners of the Board of Treasury are supported, and that they ought to be acquitted therefrom."2
[Note 2: 2 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress, No. 26, folio 287.]
A report from the Board of War was read; Whereupon,
Resolved, That the Board of War be authorised and directed to draw warrants for three months' pay in favor of the officers of Colonel Armand's legion now in Philadelphia:
We beg leave to remind Congress that many months ago previous to Colonel Armand's departure for France an estimate was presented to Congress of the sum necessary to recruit the Legion and purchase horses, a warrant for which was issued but no money can be obtained thereon, and therefore should Colonel Armand arrive with the cloathing and equipments there will be no men to use them. He will be of consequence disappointed and it will be too late to enlist. If Congress can fall on any means of giving money for raising the Corps we shall be extremely happy to deal it out and put forward the recruiting business which will render the Legion of service to the public. At present there are not men sufficient for two Troops, tho' the number of officers is complete.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 147, V, folio 133.]
Ordered, That the remainder of the report be postponed.4
[Note 4: 4 Here Thomson resumes the entrie.]
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The committee on the report of the Board of War respecting the southern prisoners delivered in a report.
Adjourned to 10 o'Clock to Morrow.
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