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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, MAY 29, 1781
A letter, of 10th, from the governor of Virginia, was read:
Ordered, That it be referred to the Board of War.
A letter, of 18, from D. Ross, agent for the State of Virginia, was read:2
[Note 2: 2 The Virginia letter is in the Papers of the Continental Congress, No. 71, II, folio 109; Ross's is in No. 78, XIX, folio 371.]
Ordered, That so much thereof as relates to money be referred to the Board of Treasury to take order; and that so much thereof as relates to arms, &c., be referred to the Board of War to take order.
The committee of the week delivered in a report;
Whereupon,
Ordered, That the letter of the 9th, signed by A. Fowler and others, at Pittsburg, be transmitted to the Commander
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in Chief, with the other papers respecting the conduct of the commanding officer of that post;
That the letter, of 28, from Captain J. P. Jones, with the journal accompanying it, be referred to the Board of Admiralty a committee of three:1
[Note 1: 1 The Fowler letter is in the Washington Papers, 96, folio 301; Jones's letter is in the Papers of the Continental Congress, No. 168, I, folio 474.]
The members, Mr. [James Mitchell] Varnum, Mr. [John] Mathews, Mr. [George] Clymer;
That the petition of Captain Lieutenant A. Dow be considered when a report from the Board of War on the subject thereof, now before a committee of the house, shall be reported upon and considered;
That the letter, of 20, from E. Blaine, commissary general of purchases, be referred to the same committee to whom his late letters have been committed;
That the letter, of 28, from Resolve Smith, one of the commissioners of the chambers of accounts, lie to be considered when a secretary of the Admiralty marine and other officers in that department are to be appointed.2
[Note 2: 2 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 32, folio 163; Dow's petition, dated May 29, is in No. 41, II, folio 465; Smith's letter is in No. 78, XXI, folio 69.]
A report from the Board of Treasury was read; Whereupon,
Treasury Office May 29th. 1781
The Board of Treasury beg leave to report.
That upon the recommitment of the report of the Board dated the 17 instant upon the accounts of the Select-Men of Springfield they have considered the entry upon the journals of Congress dated the 11 Feby 1779, of a letter from J. Powell President of the Council of Massachusetts Bay referred by Congress to the Commander in Chief; directing that the persons accused of Misdemeanors be brought to Courts Martial; which entry aforesaid does not mention, on what particular subject the said letter from J. Powell was written; but the Board are induced to believe it goes to the present case acted upon by the Select-Men of Springfield. Whereupon the following order is submitted:
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Ordered, That the sum of two hundred and twenty-four dollars, sixty-three ninetieths and six-eighths specie value, being due to certain claimants for attending a court-martial upon the trial of Colonel Mason, Colonel Smith, and Major Eayers, as presented by the select men of Springfield, be passed to the credit of the State of Massachusetts; and that the Board of Treasury furnish the executive of the said State with a copy of this order, that the several claimants may receive payment from the said State.
Ordered, That on the application of Mr. [William] Sharpe, one of the delegates for the State of North Carolina, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for eight hundred dollars of the new emission, for which the State of North Carolina is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, V, folio 343.]
A report of the Board of War was read:
War Office May 29. 1781
The Board beg leave to report
That a warrant for three months pay in bills of the new emission be drawn by the Board of War on the paymaster General in favor of Major Wyllis of the 3d Connecticut Regiment.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, V, folio 205.]
Ordered, That it be re-committed to the Board to take order for the payment of three months' pay to Major Wyllis of the 3d Connecticut regiment.
Another report from the Board of War was read; Whereupon,
War Office, May 28th. 1781
Sir,
The Board have the honor to enclose Congress an estimate of Colonel Miles for £225 specie equal to £1125, of the new emissions for the purpose of transporting five hundred stand of arms to Virginia for the new levies of that State.
As it is of great consequence the arms should be sent on without delay, the Board request Congress will be pleased to resolve,
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Ordered, That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Colonel S. Miles, deputy quartermaster, for three thousand dollars in bills of the new emission, to enable him to send forward five hundred stand of arms to the State of Virginia, this warrant to have preference to any other not specially directed in payment.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, I, folio 383.]
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 favor of J. L. Clarkson, Secretary clerk to the Board of Treasury, for five hundred dollars of the new emissions to defray the contingent expences of the treasury office, for which sum he is to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, V, folio 341.]
Two motions were made by Mr. [Theodorick] Bland:
Ordered, That they be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [Samuel John] Atlee, Mr. [Theodorick] Bland.
The report of the committee to whom was referred the report of the Board of Treasury on the accounts of Arthur Lee was taken into consideration:3
[Note 3: 3 The orders relating to Mr. Lee's accounts were also entered in the manuscript Secret Journal, Foreign Affairs.]
Ordered, That the Board of Treasury open in their books an account under such title as the secretary of Congress shall point out, and credit the said account by Arthur Lee, Esquire, for three hundred and seventy-five thousand livres tournois paid to him for the account of the United States, with which sum Mr. A. Lee is to be debited.
The Committee to whom was referred the Report of the Board of Treasury on the Honorable Arthur Lee's Accounts, Report.
That they have conferred with Mr. Lee on the subject committed to them, upon which Conference he disclosed to the Committee the
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source from whence he received the three hundred and seventy-five thousand French Livres stated in the account from the Board of Treasury to have been from persons unknown which disclosure in his own hand writing is annexed to this report, and the Committee Refer thereto, and they beg leave to recommend that the Secretary devise a Cypher in which the name of the account to be credited for the said sum by Mr. Lee shall be entered upon the Treasury Books, and that the original paper from Mr. Lee be kept secret.
With respect to the authority by which he acted Mr. Lee alleges, that he was empowered jointly with Doctor Franklin and Mr. Deane, to procure money and supplies in the best manner he could and to transmit the proceeds to America; that the papers witnessing such powers are in the hands of one or other of his late colleagues and not in his power at present; whereupon your Committee recommend that the Board of Treasury be informed that Congress are satisfied as to the authority by which Mr. Lee procured and expended money, and therefore that the Board dispense with his producing any evidence thereof.
With respect to the deficiency of vouchers, Mr. Lee alleges that the mode of transacting the business was as follows.
He gave orders for the supplies, and directed the accounts to be produced to the banker in whose hands he had lodged the money he had received; that the banker paid the several accounts and charged them to his debit.
That he ordered the supplies thus provided and paid for to be shipped by Merchants residing at the convenient sea ports who transmitted to him Invoices and bills of lading, and also transmitted Duplicates to the Consignees in America.
That upon receiving such Invoices and bills of Lading he gave orders for the payment of the bills drawn for the shipping expences &c. which the banker performed and charged to his debit.
All payments were made by the Bankers and the shipping performed by Merchants residing at the Ports.
The latter transmitted Invoices and bills of lading to him and the Consignees in America and the former accounted for monies for which they gave credit, by the payment of particular accounts which with the receipts they preserve.
That he supposing that the Consignee had all such Invoices and bills of lading, was not very careful to bring with him every one of those papers which came to his hands in Europe but supposes he can supply the deficiencies in his own papers from the receipts or other documents which shew the arrival of the supplies.
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That in the settlement of Mr. A. Lee's accounts, the Board of Treasury admit as vouchers, bills of lading and invoices, which shew that merchants of character have shipped the contents and obliged themselves to prove, if ever required, that the invoice is just in all particulars, and to make good all deficiencies which may be found in the original packings : where such cannot be produced, that they admit receipts or other papers which charge the consignee or other competent person at the port of delivery: that they admit the banker's accounts which charge the bank with the credit given for cash deposited, and undertake, if required, to vouch the particular payments which are entered to Mr. Lee's debit, as commissioner of the United States: and where no vouchers under the foregoing descriptions are produced, that the account be left open in order to give an opportunity for completing the vouchers:
That the account of expences be stated so as to distinguish between ordinary and extraordinary; that the latter be stated particularly for the consideration of Congress, giving credit for the articles delivered up to the public at first cost, and that the former be stated generally, and that no other voucher be required for either than the word of honor of the said A. Lee, late minister:
That with respect to the charge for moneys disbursed on account of the State of Virginia, it be admitted to Mr. Lee's credit, whenever the State of Virginia shall signify that they admit themselves to be debited therewith.1
[Note 1: 1 This report, signed by Thomas Burke and Abraham Clark, and in the writing of Burke, is in the Papers of the Continental Congress, No. 31, folio 313.]
Adjourned to 10 o'Clock to Morrow.
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