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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 --MONDAY, JUNE 18, 1781
A letter, of 16, from James Price; and
A letter, of 5 May, from Major General Greene, were read.
A letter, of 15, from S. Patterson, was read:1
[Note 1: 1 Price's letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 403; Greene's is in No. 155, II, folio 51; Patterson's is in No. 78, XVIII, folio 399.]
Ordered, That it be referred to the Board of Treasury.
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A report from the Board of Treasury was read; Whereupon,
Ordered, That on application of Mr. [Nicholas] Eveleigh, one of the delegates for the State of South Carolina, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for one thousand dollars of the new emission, for which the State of South Carolina is to be accountable;1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, V, folio 379.]
Treasury Office June 15th. 1781
The Board of Treasury having considered the letter from Felix Warley to the Honorable Mr Bee, read in Congress the 14th. inst and referred, beg leave to report.
That the Acct. exhibited by the said Felix Warley Auditor for the southern district for settlement can't in its present state be liquidated the whole being without vouchers to support the charges and would only create an unreasonable delay to Mr. Warley to refer it in the usual way for settlement; for his immediate relief the Board submit to Congress, as the most eligible mode as well for supplying Mr. Warley, as securing the U. States, that the Delegates in Congress from the State of South Carolina draw such a sum of money, as they may deem necessary for Mr. Warley's supply, the State of South Carolina to be made accountable, or to advance a sum of money to Mr. Warley he to be accountable, until he can procure the requisite documents to enable him to settle iris Accounts.
The Board further report,
That a warrant issue on the treasurer in favour of Charles Pettit, assistant quartermaster general, on account of Colonel T. Pickering, quartermaster general, for twelve thousand three hundred dollars in old paper money issued by the State of Virginia, and now in the said treasurer's hands to be applied in the quartermaster's department in the State of Virginia, and for which sum Colonel T. Pickering, quarter-master general, is to be accountable:2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, V, folio 375.]
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Ordered, That so much as relates [to] Felix Warley be re-committed.
A report from the Board of War was read; Whereupon,
War Office, June 12. 1781
Sir,
The Board have the honor to lay before Congress a letter of General Muhlenbergh requesting that certain expenses may be reimbursed him
They beg leave to report
Ordered, That a warrant issue on Mr. Hopkins, commissioner of the continental loan office for the State of Virginia, in favour of Brigadier General Muhlenberg, for five hundred dollars of the new emission, for which he is to be accountable;1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, V, folio 345.]
War Office June 14. 1781
Sir,
The Board have the honor to lay before Congress, a letter from Captain Vanherr on the subject of pay and depreciation for his men. If a sum of money could be procured in part of their pay, the Board conceive it just and reasonable that they should receive it, and as they are at a distance from head quarters, it may be proper for Congress to resolve,
That the Board of War draw a warrant on the paymaster general for three months' pay for the officers and men of Captain Van Herr's troop of Marechaussee;
Resolved, That depreciation of pay and subsistance be settled in behalf of the officers and men of Captain Van Herr's troop of Marechaussee, in the same manner and on the same principles as is provided for Colonel Hazen's regiment.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, V, folio 337.]
Ordered, That a warrant issue on Nathaniel Appleton, commissioner of the continental loan office for the State of Massachusetts, in favour of the paymaster general, for seven hundred and forty-eight dollars and 60/90 of a dollar, in bills of the new emission, equal to 29,946 70/90 dollars of the old
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emissions, for the pay of the detachment of Invalids at Boston, from the 1st November, 1779, to 1 August, 1780;
And another warrant on the said N. Appleton, commissioner aforesaid, in favour of the said paymaster general, for one thousand six hundred and thirty-four dollars and 51/90 of a dollar in bills of the new emissions, for the pay of the aforesaid detachment for the months of August and September last, the said paymaster general to be accountable;
War Office June 13. 1781
Sir,
The Board have the honor to lay before Congress the enclosed letter from sundry Gentlemen, prisoners of War returned from Charlestown, and beg leave to report.
Ordered, That the Board of War draw warrants on the paymaster general in favour of the following officers on account of their pay, in bills of the new emission; namely: of William Scott, lieutenant colonel 1st South Carolina regiment, nine hundred and sixty dollars; of William Lewis, major 10th Virginia regiment, seven hundred and eighty dollars; of Felix Warley, captain South Carolina line, six hundred dollars; of Charles Brown, lieutenant 1st South Carolina regiment, three hundred and eighty dollars:
We have calculated these sums according to what has been allowed officers in general, if Congress deem farther advances expedient, they will be pleased to direct them to be made.
P.S. The passage monies the officers were obliged to pay amount to £10 Sterling a piece to £40 Sterling. It is hard upon them to pay this out of their private funds, and indeed they represent it as impossible. Therefore we lay the matter before Congress for their directions.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, V, folio 357.]
Ordered, That the Board of War take proper measures for paying one hundred and seventy-eight dollars, or the value thereof in the new emissions, for the passage of sundry officers from Charlestown to Philadelphia.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, V, folio 361.]
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War Office June, 16. 1781
Sir,
Finding by the representations of the Director and Purveyor of the Hospitals that difficulties have arisen in the business of granting Warrants for part of the sums reported by us to be necessary for the Hospital Department as to the amount of the equivalent for the specie sums mentioned in our report we have multiplyed those sums by four and have taken the liberty to report,
Ordered, That instead of the sum of eight thousand five hundred and forty [five] dollars and one third in specie or an equivalent, ordered to be granted to the purveyor of the military hospitals by the order of the 11 instant, the Board of Treasury report a warrant on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of the said purveyor, for thirty-four thousand one hundred and eighty-one dollars and one-third of a dollar, of bills of the new emissions; and instead of the sum of four thousand two hundred dollars in specie or an equivalent, mentioned in another order of the 11th instant, the Board of Treasury report a warrant on Thomas Smith, commissioner aforesaid, for sixteen thousand eight hundred dollars, in bills of the new emissions in favour of the said purveyor, for the purposes mentioned in the said order, for which sums the said purveyor is to be accountable.
We beg leave to observe that a late misfortune having happened to Hospital Stores in Virginia and the pressing necessities of the Department in all quarters require an immediate grant of the monies before mentioned.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, V, folio 353. The amount as given in the report is eight thousand five hundred and forty-five dollars and one third.]
The committee, ∥consisting of Mr. Sullivan, Mr. Cornell, Mr. Sharpe,∥ to whom was re-committed their report on the cloathier's department, together with the letter of J. Moylan, cloathier-general, delivered in a report, which was taken into consideration; and, thereupon,
The Committee to whom General Wilkinson's letter, respecting the Cloathier's Department was referred beg leave to submit the following Resolution, viz.
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Resolved, That all the rules and regulations respecting the Cloathier's Department be and hereby are repealed. And that it Postponed be recommended to the several states to furnish their troops respectively with Cloathing until the first day of July next November next September next.
Resolved, That all state purchases of cloathing on continental account, and all state appointments and regulations in the cloathing department on continental account, be abolished on the first day of July September; at or before which time, the sub and agent cloathiers are to deliver to the cloathier general or his order, all cloathing procured at continental expence which they may then have on hand, taking his receipt therefor, a duplicate whereof to be transmitted to the Board of treasury office.
On the question to agree to this, the yeas and nays being required by Mr. [Roger] Sherman,
{table}
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So it was resolved in the affirmative.
Resolved, That the cloathier general, on or before the first day in the month of June, annually, make and deliver in to the Board of War, an estimate of cloathing and disbursements for cloathing for a year from the first day of November then next, that Congress may be enabled to furnish the proper sums, and adopt the necessary measures for procuring the same:
That the Cloathier General be authorised to appoint four purchasing Agents who are from time to time to receive his instructions for procuring necessary Articles of Cloathing. The Cloathier General to have the immediate controul over the said Agents and is to be responsible for their conduct.
All Articles imported from Europe to be received and when necessary, made up and forwarded by the respective Agent Clotheirs.
That the Cloathing Agents be and they are hereby directed to transmit weekly General accounts of Prices of the articles within their Departments, that the Cloathier General with the concurrence of the Board of War, may so far as may be prevent competition in purchases and extravagance in prices.
That all non-commissioned officers and soldiers, artificers and waggoners who are or may hereafter be inlisted during the war, be annually furnished with one regimental coat, full made; one cloth vest; one pair of cloth breeches; one pair of woollen overalls; two pair of woollen hose; two pair of woollen socks; one felt hat or leather cap; four shirts; two pairs of linen overalls; [one leather or worsted stock]1 four pairs strong shoes; one blanket; one rifle shirt, and one pair of woollen gloves: also, one pair of shoe-buckles and one stock-clasp, every two years:
[Note 1: 1 The words in brackets are in the committee report, but not in the Journal.]
The dragoons to receive two pair of boots and one pair of spurs, instead of the shoes and buckles, annually; also, a horseman's cloak every two years.
[That the Commander in Chief, and the commanding general in a seperate department, respectively be, and hereby
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are, authorised to direct what cloathing shall, from time to time, be dealt out to the artificers and waggoners, having regard to the nature of their service and the terms of their contract, and time for which they are engaged :]1
[Note 1: 1 This paragraph is not in the committee report.]
That summer cloathing be ready to be issued on the 15th day of April, annually, and the winter cloathing on the 1st day of November following, and be delivered at such time as the Commander in Chief or commanding general, in a seperate department, shall direct:
That the cloathier general deal out the cloathing regimentally; and keep regular accounts against the respective regimental cloathiers, taking particular care to have the cloathing equally and impartially distributed when it is found incompetent for the whole army:
That previous to the day of general issue, the regimental cloathiers settle their accounts with the cloathier general, and receive his certificates of the arrearages of cloathing due to their respective regiments, and present him with a return of the number of men for whom cloathing is to be drawn on the day of general issue; the said return to be examined and certified by the officer commanding their respective regiments, and signed by the brigadier or officer commanding the brigade:
That all extra issues to detachments, or for accidental loss of cloathing, be by certificate of the commanding officer of the regiment or detachment to which the non-commissioned officers or soldiers, in whose behalf such application is made, shall belong; the said certificate being approved and signed by the Commander in Chief or commanding general of a separate army:
That all issues of cloathing be made from the magazines or places of general issue with the army; and, to avoid the necessity of detached issues, the officers commanding parties or detachments are to be answerable that they are supplied,
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so far as may be, from the magazines or stores at camp, previous to their leaving the army to which they belong:
That no article of cloathing be issued by the cloathier general, his deputies or assistants, but by return and certificates made and approved as aforesaid:
That no non-commissioned officer or soldier, artificer or waggoner who is not engaged during the war, or for the term at least of one year, be furnished with any article of cloathing:
That the cloathier general, from time to time, notify the paymaster general of all surplusages of cloathing, specifying the corps to which they belong, that stoppages may be made therefor:
That the Cloathier General be authorised to appoint six Deputies, and employ one Clerk and one Labourer with each allowing no more than Current wages to Clerks and Labourers.
That he make return to the Board of War of all cloathing on hand, and persons employed in the department, with the wages given to each, regularly, once in every two months:
That the Cloathing Agents transmit with every parcel of Cloathing purchased or imported and sent on to the magazines an exact Invoice containing quantities, species, and, if purchased, prices.
That the quartermaster general, and his deputies in the several states, shall, on the requisitions of the said agent cloathiers respectively cloathier general, furnish the means of transportation of all articles of cloathing from the places where imported, received, or purchased, to the places of deposit; and a careful waggon-master or conductor, to be appointed by the quartermaster general or some of his deputies, shall proceed with the cloathing, who shall be answerable for all deficiencies on the road, unless they shall be able to shew that the same happened by unavoidable accidents, and not through their misconduct or want of attention:
That in case of injuries or deficiencies happening in the transportation of cloathing, the cloathier stationed at the magazine or place of deposit, shall represent the matter to
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the nearest commanding officer of the troops of the United States, that the waggon-master or conductor, having had charge of the clothing so damaged or deficient, may be tried by a court martial, and if found guilty, compelled to restore the goods lost, or their value, or make satisfaction for damages accrued through his negligence or mismanagement, or be punished according to the nature of the offence by judgment of the court martial:
That the cloathier general have the management, direction and superintendance of hides, subject to the orders of the Board of War, with full power to call for proper returns from such persons as have heretofore had the management of hides:
That all commissaries make monthly returns to the cloathier general of the hides on hand, and that the commissary general make monthly returns to him of all the live cattle delivered over to the commissaries of the army:
That the quartermaster general or his deputy, on the application of the cloathier general, or either of his deputies, furnish waggons for transporting raw or manufactured hides to such places as they shall direct:
That the cloathier general, with the concurrence of the superintendant of finance, be authorised to appoint such number of persons to transact the business of the cloathing department, during the present campaign, as they may, from time to time, find necessary, and to ascertain their wages:
That the cloathier general make monthly returns to the Commander in Chief:
That all resolutions heretofore passed respecting the cloathing and hide departments, inconsistent with this arrangement and the resolutions now passed, be, and they are hereby repealed.1
[Note 1: 1 This report is in Papers of the Continental Congress, No. 31, folio 75, the last six paragraphs being in John Sullivan's writing. A copy of the resolutions as passed is in No. 19, VI, folio 349.]
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The committee of the week elected:
Mr. [George] Partridge, Mr. [Thomas] Rodney, Mr. [Richard] Potts.
Ordered, That the report of the Board of Treasury on the allowance made for burning the bills of the old emissions be referred to a committee of four:
The members, Mr. T[homas] Smith, Mr. [Isaac] Moire, Mr. [Thomas] McKean, Mr. [Roger] Sherman.
A motion was made by Mr. [James Mitchell] Varnum:
Ordered, That it be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [Theoderick] Bland, Mr. [John] Sullivan.
Ordered, That the Board of War report a plan of succession to vacancies in the hospital and medical lines of the army.
The report of the committee ∥ consisting of Mr. Ward, Mr. Sullivan, and Mr. Motte ∥ on the memorial of Colonel Hazen was taken into consideration; Whereupon,
The committee to whom Colonel Hazen's memorial of the 31st of May was referred beg leave to submit the following resolutions; viz.
Resolved, That the cloathier general furnish the Canadian officers belonging to Colonel M. Hazen's regiment, with a suit of cloathes, on the same terms cloathing hath been furnished by the State of Massachusetts to their officers:
That one year's interest, upon the balances due on the 1st of January, 1780, to the Canadian officers and soldiers of that regiment, be added to and included in their certificates:
That each of the Canadian soldiers in that regiment who were enlisted in the year 1777 and are now in service receive twenty pounds specie in lieu of the state and town bounties.
That Congress will make the twenty-four dollars, granted as a bounty to those soldiers, equal in value to the bounty or allowance of the State of Massachusetts granted to the soldiers of that State serving in the same regiment; and that
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the Board of Treasury add the same to their certificates, in lieu of the sum of twenty-four dollars granted by the resolution of the 20th of April last.
That sixteen hundred and ninety three dollars be advanced in specie or bills of exchange to Colonel Moses Hazen in part of the balance due to him from the United States.1
[Note 1: 1 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress, No. 19, III, folio 95.]
Ordered, That so much of the report as relates to a grant of money to Colonel Hazen be referred to the Board of Treasury.
A motion was made by Mr. [John] Sullivan:
Ordered, That it be referred to the Board of Admiralty.
The committee appointed to confer with the minister plenipotentiary of France, report,
That on the second conference with the minister of France, he communicated some parts of a despatch dated the 7th of August, 1780, the first part relating to losses suffered by French merchants, either trading with private houses in America, or engaged in transactions of commerce for Congress, or the several states. He informed the committee that several papers which should have accompanied this despatch, were not come to hand, so that he could not state what kind of compensation the merchants might expect. The minister however mentioned in the conference, that without waiting the arrival of those papers, which may have been lost, or may be delayed for a long time, some recommendation might be thought proper to be sent from Congress to the several states, in order to prevent forever the effect of the tender laws operating against foreign merchants; that this would be an encouragement to commerce, and remove the fears of foreign traders in their transactions with the citizens of the
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United States. The minister communicated that part of the Count de Vergennes' letter relating to the discussion which was between him and Mr. J. Adams with respect to the depreciation of the paper money, and the effect this had produced on the French trade; however, he did not enter fully into the matter, not being furnished with the proper papers.
The other objects of the communications of the minister of France were the measures taken by the Court of Russia, and the northern powers, on account of the rights of neutrality, and the conduct to be observed by the belligerent powers towards subjects of neutral powers; and he informed the committee that those northern courts had made formal declarations to the powers at war respecting the principles of neutrality; and that they had concluded a convention for the security of their navigation and of their fair trade. That this convention was particularly obnoxious to the Court of London, as it was now obliged to respect neutral flags, which it had till then treated with the greatest severity, exercising against them every kind of depredation according to its former practice. That France fully approved of that convention, the consequence of which was that all the powers concerned, while they did justice to the principles of the king's council, considered the British more and more as the tyrants of the sea. The king's council, therefore, thought it proper to transmit this intelligence to Congress, leaving it to their wisdom to adopt the principles of the neutral powers laid down so long ago as the 26th July, 1778, in an ordinance of the king, which the minister of France delivered several months ago, with other printed papers, on the same subject, to the Board of Admiralty. The minister thought it the more important for the United States to conform their maritime laws to that
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system, as they would thereby conciliate to themselves the benevolence of the neutral powers. He observed that American privateers had presumed to stop neutral vessels loaded with English merchandise, which had given rise to unfavourable observations and complaints against the United States. He observed that Holland had taken a part in the association of the northern courts; and that therefore she ought to be comprehended in the orders of Congress, if it should be thought proper in those orders to mention the names of particular powers. But, if Congress adopted a conduct similar to that of France, they would extend their orders in favour of all neutral powers generally.
The minister then gave a short historical account of the negotiation of Mr. Cumberland, observing that the matter being now obsolete, it was sufficient to mention that this agent, having made proposals of peace to the king of Spain, the first question he was asked was, what were the intentions of the Court of London respecting the United States? That he, having no instructions on this subject, or pretending to have none, had sent an express to London. That the express had not returned when this letter was written.1
[Note 1: 1 Up to this point a fair copy of the report is in the Papers of the Continental Congress, No. 25, I, folios 213--217.]
The minister informed the committee that the Court of Versailles had neglected nothing to procure arms, ammunition and clothing for Congress. That the good intentions of the court had not been well seconded by the American agents; that it was their fault if these articles had not been forwarded in time; that the ministers did not intend to accuse any one in particular; but were of opinion that Congress should inquire into the cause of the delay, in order to inflict such punishment as would prevent the like conduct in future.
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The minister then communicated the substance of a despatch of the 9th March, 1781; and entering fully into the subject, he told us that so early as the beginning of the year 1780, he had informed Congress that a mediation might be opened in Europe. That the mediators might propose the uti possidetis as the basis of the negotiation. That it was of the utmost importance to prevent the effect of a proposition so inconsistent with the independence of the United States. That the Court of France wished to give them every assistance in their power; but he had observed, at the same time, that the political system of the kingdom, being closely connected with that of other European powers, France might be involved in difficulties which would require the greatest attention, and a considerable part of her resources. That he had informed Congress confidentially that the death of the sovereigns of some of the European states with whom the Court of France had the most intimate connexion might oblige her to employ the greatest part of her resources to secure her against the dangers which might be occasioned by such an event. That since that communication was made to Congress, both those cases had happened. That the empress queen was dead. That the Court of Versailles flattered itself that this will not at this time give rise to any material change in the politicks of the courts of Vienna and Berlin. That circumstances, however, are such that prudence dictates not to leave the frontier of France on Germany unprovided for defence. That the character the king bears of guarantee or protector of the liberties of the German empire obliges him to be ready to assist effectually the members of that body, whose safety may be endangered, and of consequence occasions extraordinary expenses. That France is at
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the same time obliged to spare the land forces of the kingdom, and at the present crisis not to keep them at too great a distance. That this however is only a point of caution and prudence. That the Court of France still hopes the issue will be peaceable and agreeable to her wishes; but has thought it proper to inform Congress of it. That matters are different with respect to the Dutch. That they are now in a state of war with the English; but there is among them a party in favour of England; and notwithstanding the accession of the two opposing provinces to the resolution of the states for making reprisals, a mediation has been entered into between London and The Hague; and the Empress of Russia acts as mediatrix. That it is evident the Court of London, by opening this negotiation, designs to draw the Seven Provinces to her side; and even goes so far as to expect, that she may employ the resources of the Dutch against France, either directly or indirectly. That the disposition of that republick is still such as friends would wish. But the strongest argument which the British party make use of to separate the Seven Provinces from France is, that they are destitute of a naval force; that their seamen are captured by the British; that all their riches will likewise fall a sacrifice; and that their settlements in the East and West Indies are in the greatest danger. That under these circumstances it was become necessary for France to afford immediate protection to the Dutch in Europe; and to make without delay a diversion which may possibly save their East India possessions. That these measures had rendered it actually impossible to send to the United States the reinforcement which was announced.
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The minister of France thinks that this confidential and friendly explanation of the situation of France will convince Congress that the king could not pursue a different line of conduct; and that the consequences of the measures he has taken must at last turn to their advantage. That, however, Count de Rochambeau and Mons. Barras will receive some reinforcements, and will inform the Chevalier de la Luzerne how considerable they are.
The minister told the committee that the friendship and benevolence of the king for the thirteen United States had engaged him to trust Congress with these details, observing at the same time, that it would be proper to keep them secret. In giving an account of the subsidy granted by the king of France, the minister concluded by observing, that the Count de Vergennes writes that what remains of the six millions, after purchasing the supplies of arms and ammunition, would be at the disposal of Congress; or, if they should so direct, at the disposal of the Commander in Chief, or of their financier, if there should be one; and that the resolution Congress took on this subject should be made known to the ministry, that funds may be provided accordingly. In the course of the conference the chevalier mentioned the sums that had been procured for these states since the beginning of the year 1780. That in that year the Count de Vergennes had on his own credit procured for Doctor Franklin three millions of livres. That in December Doctor Franklin wanted one million more to honour the bills drawn by Congress; and that he received the fourth million. That in the course of the present year, the Count has procured for him on loan four millions of livres, which make eight millions borrowed on the guaranty of France since the aforementioned period. And now the king makes a gratuitous donation of the subsidy
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of six millions, which in the whole make up the sum of fourteen millions since the commencement of the year 1780.1
[Note 1: 1 This report was entered only in the manuscript Secret Journal, Foreign Affairs, The draft, in the writing of Daniel Carroll, is in the Papers of the Continental Congress, No. 25, I, folio 219.]
Adjourned to 10 o'Clock to Morrow.
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