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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, JUNE 14, 1781
The committee of the week made report; Whereupon,
Ordered, That a letter, of 12, from Felix Warley, and
A memorial of Peter Summers, be referred to the Board of Treasury.2
[Note 2: 2 This report, in the writing of William Sharpe, is in the Papers of the Continental Congress, No. 32, folio 173; Warley's letter is in No. 78, XXIV, folio 319; Summers's memorial, dated April 30 and June 11, 1781, is in No. 42, VII, folio 103.]
A report from the Board of Treasury was read; Whereupon,
Treasury Office June 13th. 1781.
The Board of Treasury having considered the report of the Board of War dated the 9th inst, enclosing an estimate of the expences of transporting 200,000 musket cartridges from this city to Charlotteville in Virginia referred to them by Congress the 12th. inst, beg leave to report,
Ordered, That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for one thousand five hundred and ninety-eight dollars and 15/90 in bills of the new emission, in favour of Cha Pettit, assistant quartermaster general, on account of Colonel T. Pickering, quartermaster general, for the purpose of transporting military stores to the southward, for which sum the said T. Pickering, quartermaster general, is to be accountable;
Upon the order of Congress of the 11 instant respecting an advance to the Purveyor of the Military Hospitals for three months'
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pay to be paid by him on Account to the officers of the Medical Department. The Board submit the following Order:
That a warrant issue on the treasurer in favour of the purveyor of the military hospitals, for six thousand one hundred and sixteen dollars in specie or other money equivalent, being the residue of sixteen thousand one hundred and sixteen dollars specie or other money equivalent, ordered to be advanced to the said purveyor for three months' pay on account of the medical department, for which sum the said purveyor is to be accountable;
That on the application of the inspectors of the continental press, a warrant issue in their favour on Thomas Smith, commissioner aforesaid, for three hundred dollars of the new emissions, to defray the contingent expences of their office, for which sum the said inspectors are to be accountable;1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, V, folio 371.]
Treasury Office June 7th. 1781
The Board of Treasury beg leave to report,
That they have had under consideration a letter of the seventh ultimo from Colonel Timothy Pickering Quartermaster General, requesting a supply of money for Jabez Hatch, Deputy Quartermaster for the States of New Hampshire, Massachusetts and Rhode Island which requisition is approved by the Board of War in their letter of the 4 instant. Whereupon the following resolution is submitted:
That a warrant issue on Nathaniel Appleton, commissioner of the continental loan office for the State of Massachusetts, in favour of Charles Pettit, assistant quartermaster general, on account of Colonel T. Pickering, quartermaster general, for forty thousand dollars of the new emissions for the use of his department, and for which the said T. Pickering, quartermaster general, is to be accountable;2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, V, folio 367.]
Treasury Office June 9th 1781
The Board of Treasury beg leave to report,
That in order to enable the Treasurer to pay to the officers of the civil list such warrants, as have already been drawn on him in their
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favor, and the additional allowance of 7/8 of a dollar to such as have not received payment; as well as other warrants to issue on him for a quarter's salary due to the last of May past--the following resolution is submitted:
That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty-five thousand dollars of the new emission, in favour of Michael Hillegas, treasurer, for which sum he is to be accountable;1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, V, folio 369.]
Ordered, That the report of the Board of Treasury on the accounts of Colonel Donald Campbell be referred to a committee of three:
The members, Mr. [John] Sullivan, Mr. [Samuel John] Atlee, Mr. [Theodorick] Bland.
A report from the Board of War was read; Whereupon,
At a Board of War June 13 1781
Present Mr Peters
Colo Grayson
The Board have taken into their consideration the memorial of Robert McMurdie and the papers therewith referred, and beg leave to state to Congress,
That whether or not Mr McMurdie is entitled to his depreciation as a regimental chaplain after the Resolve of the 27th of May 1777, depends upon the construction Congress shall be pleased to put on that resolve, which directs that "for the future there be only one Chaplain allowed in each Brigade of the army."
If this amounts to a supersedeas of the commissions of the regimental Chaplains then held, the Auditors of the State of Pennsylvania are right in their construction and it will settle all future disputes on this head if Congress are pleased to resolve,
That all commissions or appointments of regimental Chaplains be considered as vacated by the resolve of the 27 of May 1777 directing that thereafter there be only one Chaplain allowed in each brigade.
But if it was intended by Congress that no new appointments of Chaplains should be made but those of Brigade Chaplains, and the regimental chaplains left to hold their appointments and exercise
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their functions until [casualties happened or promotions or new] appointments took place it will then be necessary to resolve,
Resolved, That the resolution of the 27 of May, 1777, on the subject of brigade-chaplains, is not to be construed so as to vacate the commissions or appointments of the regimental chaplains, then holding such commissions and performing the duties thereof, until the appointment of brigade-chaplains took place.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, V, folio 333.]
The committee to whom was referred the letter, of 22 May, from the supreme executive council of Pensylvania, delivered in their report.
The Committee to whom was referred the letter of Governor Reed of the State of Pennsylvania of 22.d May 1781, stating the proceedings of the Court of Admiralty in the tryal of a person for Piracy, under the ninth article of the confederation, and also certain doubts concerning the power of executing, reprieving, or pardoning criminals in such cases,
Report,
That they have conferred with the said Governor Reed in Council, and the facts in the present case, being as stated in the said letter, the said Governor and Council were of opinion with your Committee, that the tryal was not legal for want of a competent Court, and therefore that the criminal should be reprieved.
Your Committee farther Report that the Question about the powers of executing, reprieving or pardoning in such cases, that may happen hereafter, seems to require the determination of Congress which is submitted.2
[Note 2: 2 This report, in the writing of Samuel Livermore, is in the Papers of the Continental Congress, No. 20, II, folio 129. The indorsement says: "Debated July 26, 1781. Nothing concluded." It is in the list of postponed reports in No. 31, folio 371.]
The letter of J. Moylan, and the report on the cloathiers' department, were taken into consideration, and after debate:
Ordered, That the report be re-committed, together with the said letter.
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The report of the Committee of Commerce on the accounts of William Bingham was taken into consideration; Whereupon,
The Commercial Committee report on Mr. Bingham's account, That having examined the said account so far as it comprehends transactions merely commercial they find a balance due to him thereon of Five hundred and seven thousand, six hundred and forty one Livres of Martinico, they therefore propose the following resolution--
Ordered, That the Board of Treasury pass to the credit of William Bingham five hundred and seven thousand six hundred and forty-one livres of Martineque, being the balance due to him from the United States on account of commercial transactions in the French West Indies, this balance to bear an interest of six per cent. per annum until paid;
That with respect to certain other charges of salary and expences exhibited in said account by Mr Bingham as the political Agent of Congress in the French West Indies, the Committee not being competent judges thereof, they are submitted to Congress together with a resolution to be adopted in case Congress should be of opinion the said charges are justly founded,
That the Treasury Board pass to the further credit of William Bingham Esqr one hundred and ten thousand three hundred and twenty four Livres of Martinico due to him as the Political Agent of the United States in the French West Indies.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 19, I, folio 353.]
Ordered, That the remainder of the report, so far as relates to charges for salary and expences, be referred to a committee of three:
The members, Mr. [George] Clymer, Mr. [James] Lovell, Mr. [Roger] Sherman.
A report from the Board of Admiralty was read:
Admirality Office June 5th. 1781.
The Commissioners of the Admiralty have the honor to report to the United States in Congress assembled, the following resolutions:
That for the future commissions, bonds and instructions for private armed vessels be issued from the Admiralty Office of these States to
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the Judges of the Courts of Admiralty in the United States respectively, who are hereby authorized to grant them to such persons as shall apply therefor and perform the conditions, specified in the rules and regulations of Congress.
That as soon as the new commissions, instructions and bonds for private armed vessels shall be printed so many sets of them be issued to the Judges of the Courts of Admiralty respectively as the Commissioners of the Admiralty shall deem necessary for cancelling the commissions and instructions outstanding.
That the new commissions instructions and bonds be substituted in their stead and that commissions bonds and instructions, be issued from time to time from the Admiralty Office on the requisition of the said Judges respectively.
That each set thereof be and it is hereby rated at the price of eight specie Dollars.
That the Commissioners of the Admiralty, be and they are hereby directed to transmit certificates to the Board of Treasury of the sets of papers issued as aforesaid specifying therein the number of them and to whom issued, and that the Board of Treasury charge the same, at the rate aforesaid, to the respective judges, who are hereby required to make quarterly remittances therefor to the Board of Treasury.
And it is further Resolved that the money hence arising be appropriated to the use of the Navy, and paid to the order of the Admiralty.
That the bonds executed by the commanders of private armed vessels be lodged in the Admiralty Office, and a register be there kept of the sets of commissions, bonds, and instructions sent to the Judges of the Courts of Admiralty, and of the names of the captains with their ships or vessels, to whom Commissions shall have been granted.
That the old Commissions now outstanding, be and they are hereby ordered to be delivered by the holders of them to the Judges of the Courts of Admiralty to be cancelled on or beforethe day of1781, or sooner if possible; under the penalty of forfeiting the whole of any prize or prizes they shall thereafter take under their old commissions to the use of the United States, provided that they or any of them shall be in port at or before that time, and the Judges be furnished with blank commissions bonds, and instructions, but in case the commander of a private armed vessel, holding an old commission should not arrive in port by the time specified as aforesaid, he shall as soon as may be after his arrival deliver the same into the office of the Judge of Admiralty of the State to which his vessel shall belong,
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and if the said vessel should proceed to sea with her old commission the whole of any prize or prizes she may capture by virtue thereof shall be forfeited in manner aforesaid.
That a copy of the first of these resolutions be transmitted by the Board of Admiralty, to each of the supreme Executives of these States, and that they be requested to deliver over to the Judges of the Courts of Admiralty of their respective States, all the bonds and other documents in their hands relative to the private armed vessels to which they may have granted commissions.
That the Judges of the Courts of Admiralty respectively be and they are hereby empowered and directed to pursue, mutatis mutandis, the measures recommended by Congress to the Governors or Presidents of the United States to prevent the abuses which the British make of papers, or clearances taken in American prizes in their resolution of the 11th of November 1780, and all other measures touching the commissionating private armed vessels which have been by Congress recommended to the Governors or Presidents or Supreme Executives of these United States.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 37, folio 507.]
On motion of Mr. [John] Mathews, seconded by Mr. [William] Sharpe.
That the minister plenipotentiary of these United States at the Court of Versailles, be authorised and empowered to offer Lieutenant General Burgoyne in exchange for the Hon. H. Laurens.2
[Note 2: 2 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.]
On the question to agree to this, the yeas and nays being required by Mr. [Samuel John Atlee,
{table}
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So it was resolved in the affirmative.1
[Note 1: 1 From this point the proceedings for the day were entered only in the manuscript Secret Journal, Foreign Affairs, and in the More Secret Journal.]
On motion of Mr. [William] Sharpe, seconded by Mr. [Thomas] McKean:
Resolved, That two more persons, making in the whole four, be joined to the honorable John Adams in negotiating a treaty of peace with Great Britain;
Mr. Henry Laurens was put in nomination by Mr. [Theodorick] Bland.
Congress proceeded to the election; and the ballots being taken:
The honourable Benjamin Franklin,
The honourable Henry Laurens, and
The honourable Thomas Jefferson, were elected.
Adjourned to 10 o'Clock to Morrow.
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