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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, JULY 10, 1781
Mr. [Samuel] Johnston having declined to accept the office of President, and offered such reasons as were satisfactory, the House proceeded to another election; and, the ballots being taken, the hon. Thomas McKean was elected.
A letter, of 10, from Charles Morse, was read:
Ordered, That it be referred to the Board of Treasury.
A letter from Jesse Brown was read:1
[Note 1: 1 Morse's letter is in the Papers of the Continental Congress, No. 78, XVI, folio 207; Brown's, undated, is in No. 78, IV, folio 233.]
Ordered, That it be referred to the Board of War to take order.
On motion of the delegates of Georgia:
Ordered, That a warrant issue in their favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for one thousand dollars, for which the said State of Georgia is to be accountable.
On motion of Mr. [John] Mathews, seconded by Mr. T[homas] Smith:
Ordered, That a committee of five be appointed to confer with the superintendant of finance on the means proper to be adopted for the purpose of defraying the expences of the delegates of the states of North Carolina, South Carolina and Georgia such of the states as from the events of the war may be unable to provide for their support during their attendance in Congress; also on the means for paying the salaries due to the civil officers and clerks of the boards or offices immediately under Congress.
The members, Mr. [Oliver] Ellsworth, Mr. [George] Clymer, Mr. [John] Mathews, Mr. [William] Sharpe, Mr. [James] Madison.
A report from the Board of War was read; Whereupon,
Ordered, That the Board of War be and they are hereby authorised to draw a warrant on the paymaster general in
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favour of Captain Bedkin of Armand's legion, for fifteen hundred and forty dollars in bills of the new emission on account of pay due to the officers and men of his troop under marching order to the southward.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 19.]
The delegates for the State of South Carolina laid before Congress an account of Benjamin Darrell for the hire of a vessel to carry a number of persons who were prisoners in the power of the enemy from Charlestown to Philadelphia:2
[Note 2: 2 This account is in the Papers of the Continental Congress, No. 20, II, folio 407.]
Ordered, That it be referred to the Board of War to report.
A report from the Board of War was read; Whereupon,
War Office July 10. 1781.
Sir,
The Board are about drawing up at the request of the Superintendant of Finance the form of a Contract for supplying of rations. On examination of the Powers given to the Superintendant of Finance, we do not find any explicit authority delegated to him for the purpose, and as this must be recited in the Contract we request Congress will be pleased to resolve,
Resolved, That the superintendant of finance be, and he is hereby authorised, either by himself or such person or persons as he shall, from time to time, appoint for the purpose, to procure on contract all necessary supplies for the use of the army or armies of the United States, and also for the navy artificers, or prisoners of war, and also the transportation thereof; and all contracts or agreements heretofore made, or which shall be hereafter made by him or persons under his authority, for the purposes aforesaid, are hereby declared to be binding on the United States.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 148, II, folio 15.]
The delegates for the State of Massachusetts, committee ∥consisting of Mr. Lovell, Mr. Partridge, Mr. Osgood,∥ to whom was referred the petition of James and William Winthrop delivered in a report; Whereupon,
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Ordered, That Messrs. James and William Winthrop, be permitted to occupy the barracks, standing without the fortifications on Governor's Island, in the harbor of Boston, for the purpose of a barn, until farther order shall be taken respecting the same by the United States in Congress assembled1
[Note 1: 1 This report, in the writing of James Lovell and Charles Thomson, is in the Papers of the Continental Congress, No. 19, VI, folio 581.]
The committee, [??]?]consisting of Mr. Clymer, Mr. Sullivan, Mr. Mathews,∥ appointed to prepare a commission and instructions to Thomas Barclay, vice consul, reported a draught, which was agreed.
COMMISSION TO THOMAS BARCLAY, ESQUIRE.
The United States of America in Congress assembled, to Thomas Barclay, Esquire, Greeting.
We, reposing special trust and confidence in your abilities and integrity, do by these presents constitute you our vice consul in France, during the absence of William Palfrey, esquire, our consul, from that kingdom, or during the pleasure of Congress, to exercise the functions and to enjoy all the honors, authorities, pre-eminences, privileges, exemptions, rights, and emoluments to the said office appertaining. And we hereby enjoin it upon all merchants of these United States, and upon all captains, masters and commanders of ships and other vessels, armed or unarmed, sailing under our flag, as well as all other of our citizens, to acknowledge the said Thomas Barclay, and to obey him in his vice consular quality; praying and requesting our very dear great friend and ally, his Most Christian Majesty, his governors and other officers whom it may concern, to permit the said Thomas Barclay fully and peaceably to enjoy the said office, without giving, or suffering to be
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given, any molestation or trouble to him; but on the contrary to afford him all countenance and assistance; offering to do the same for all those who shall be in like manner recommended to us by him.
In testimony whereof, we have caused these presents to be given in Congress, at Philadelphia, this 10th day of July, in the year of our Lord, 1781, and in the 6th year of our independence.
INSTRUCTIONS TO THOMAS BARCLAY, ESQUIRE.
Sir,
Herewith you will receive a commission, constituting you our vice consul in France, during the absence of William Palfrey, Esquire, our consul, from that kingdom, or during the pleasure of Congress.
You are at liberty to fix your residence at that port which may be best adapted to the execution of the powers entrusted to you: for besides your proper vice consular functions, you are to receive and forward all supplies to be obtained in that kingdom for the use of the United States, and to assist in directing our naval affairs.
You will regularly transmit to us accounts of the civil and military constitutions of the place where you reside, of its advantages for commerce with the world in general, and especially with these United States.
You will give to our minister plenipotentiary in France such observations as you may from time to time make, or obtain, tending to promote, through him, the service of your country. You will receive from America, according as good opportunities present, funds for the discharge of your duties as our commercial agent; but at your first arrival, and in cases of absolute necessity, you are authorised to draw upon our minister plenipotentiary
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in France, taking care always to give him early notice of such necessities, that he may aid you from funds procured on our account, without doing injury to our other concerns. You may also draw, under like circumstances, upon other funds which you shall know to have been procured for us in Europe.
You are hereby authorised and instructed to call for any property belonging to these United States, and now in the hands of any persons who have acted as agents for us in France, so that you may obtain a comprehensive view of our effects there, and may contrive the best modes of transmitting them to America.
You will also carefully attend to such instructions as we shall from time to time communicate to you, either directly or through our ministers plenipotentiary.
Done at Philadelphia, the 10th day of July, in the year of our Lord, 1781, and in the 6th year of our independence. By the United States in Congress assembled.1
[Note 1: 1 This report, in the writing of George Bond, is in the Papers of the Continental Congress, No. 25, I, folio 431. A copy of the instructions is in No. 137, I, folio 769.
The Commission and Instructions to Thomas Barclay were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III. It was entered in No. 4 by George Bond.]
A letter, of 6, from General Washington, was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, X, folio 159. It is printed in the Writings of Washington (Ford), IX, 295.]
Resolved, That the thanks of Congress be given to the hon. Samuel Huntington, late President of Congress, in testimony of their approbation of his conduct in the chair and in the execution of public business.
Mr. S[amuel] Johnston laid before Congress an account delivered to him by Mr. Hitzheimer for keeping his horse in the public stables:
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Ordered, That it be transmitted to the Board of Treasury, and that it be charged to the account of the State of North Carolina.
Ordered, That Mr. S[amuel] Johnston have leave of absence.
Adjourned to 10 o'Clock to Morrow.
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