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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, JULY 18, 1781
The committee of the week made report; Whereupon,
The Committee of the week report, that they recommend that the memorial of Nicholson Broughton stating his military services and sufferings in the cause of America and praying for a release of a debt of 12 guineas due from him to the United States, and incurred in his return from captivity, he having been captured while in a private armed vessel. with the papers accompanying the same, be referred to the Board of War.
That the petition of Abijah Hammond, Lieutenant of the third regiment of Artillery, praying for leave to go on a voyage to sea for the recovery of his health with the papers accompanying the same be referred to the Board of War.
That the letter of Charles Pettit concerning the completion of the plan begun in May last for the settlement of the accounts of the staff departments, and the recommendation of John Story as a person proper to be employed in such settlement be referred to the Board of Treasury [committee appointed for the settlement of the Quarter Masters and Commissary's accounts.]
That the petition of John Story so far as it respects his arreages and depreciation of pay be referred to the Board of War and so far as it respects his continuing to settle the old accounts with the army be referred to the Board of Treasury [committee].
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That the petition of Mrs. Hannah Thomas, relict of Brigadier General Thomas, stating her inability to provide for the education of her children and praying relief, be referred to the Board of War.
That the petition of Paul Jones praying that his accounts against the United States may be adjusted by Congress together with the said accounts be referred to a special Committee.
That the Memorial of James Elliott praying to be allowed his pay and depreciation as an officer, in the army, be referred to the Board of War.
That the memorial of Duncan Campbell late lieutenant of Colo. Livingston's Regiment praying to be allowed his pay and depredation, be referred to the Board of War.
That the letter of General Schuyler stating his engagements to the builders of the batteaux to be employed in the present campaign be referred to the superintendant of finance.
That the letter of Lieutenant De Marcellir requesting a furlough until the next spring and the payment of part of what is due to him by a bill on France, be referred to the Board of War.1
[Note 1: 1 This report, in the writing of Edmund Randolph, except the portions in brackets, which are in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 32, folio 191.
Broughton's memorial is in the Papers of the Continental Congress, No. 41, I, folio 349; Hammond's petition is in the Washington Papers, 97, folio 123; Pertit's letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 419; Story's memorial, dated July 16, 1781, is in No. 41, IX, folio 163; Hannah Thomas's petition, dated May 25, 1781, is in No. 42, VII, folio 422; Jones's memorial, dated July 17, 1781, is in No. 41, IV, folio 418; Campbell's memorial, dated July 17, 1781, is in No. 42, II, folio 110; de Marcellir's letter is in No. 78, XVI, folio 215.]
Ordered, That a memorial of Captain J.P. Jones with the papers accompanying it be referred to a committee of three:
The members, Mr. [Samuel] Osgood, Mr. [Richard] Potts, Mr. [Samuel] Livermore;
That a letter of 1 from General P. Schuyler be referred to the superintendant of finance;
That a letter from Lieutenant de Marcelles;
The memorial of James Elliot;
A petition of Lieutenant Duncan Campbell;
A petition of Hannah Thomas, relict of the late Major General Thomas;
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A memorial of Nicholson Broughton; and
A letter, of 29 June, from A. Hammond, be referred to the Board of War;
That a letter, of 16, from Cha Pettit; and
A memorial of John Storey, be referred to the committee appointed to devise a plan for settling the accounts of quartermaster and commissary general.
A report from the Board of War, of the 17th, on the letter of Major de Brahme, was read:
At a Board War July 17, 1781.
Present, Mr Peters
Colonel Grayson
General Cornell
The Board having received from Congress the letter from Major de Brahm requesting four hundred hard dollars and two horses to enable him to join the army, and the Board being directed by Congress to take order thereon, we beg leave to inform Congress, that there being no money within the power of the Board, it is impracticable to take order otherwise than by drawing a warrant on the Paymaster General for three months' pay, and reporting an estimate of the value of two horses, which must be purchased if Congress mean they should be furnished as has heretofore been done for the ether engineers from a custom not warranted by any resolution of Congress, though probably founded on motives of policy, the Corps of Engineers being chiefly foreigners.
After the resolution of Congress, that all monies due from the United States shall be paid according to the real value, we made a practice of including a sum in paper supposed to be equal to the sum in specie, and gave it on Account without designating for how many months' pay it was paid and presumed that such payments would be subject to some future settlement; but from some late proceedings, we are led to believe that it is the sense of Congress, that no more than the nominal sum in paper, should be paid under present circumstances. We are therefore so much embarrassed what measures to take in this predicament, that we pray the favor of Congress to give some explicit directions respecting this matter for our government.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 67.]
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Ordered, That it be referred to the committee on the report from the Board of War of the 16.
Another report from the Board of War was read; Whereupon,
War Office July 18th. 1781
Sir,
The Board beg leave to lay before Congress, a letter of the 9th Instant from Mr Guillam Aertsen praying that a compensation may be allowed him, for transacting the Paymaster's business of this Board since the 17th February last, at which time Mr Carleton was elected to the office of Secretary. In justice to the services and merit of this gentleman the Board cannot forbear mentioning their entire approbation of his conduct, which has been invariably manifested in his vigilance and steady attachment to the duties of the office. Should Congress be of opinion that his services in that department entitle him to a compensation, they will be pleased to resolve,
That Mr Guillam Aertsen an assistant in the Ordnance Office be allowed the sum ofDollars specie in addition to his pay as Clerk for transacting the business of Paymaster to the Board of War and Ordnance, from the 17th February last to the 9th Instant inclusive.
The Board further beg leave to report,
That the office of Paymaster to the Board of War and Ordnance be abolished, the exigencies of affairs not rendering a continuation of that Department any longer necessary, and that the said Paymaster do forthwith prepare his accounts for liquidation.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 59.]
Resolved, That the office of paymaster to the Board of War and Ordnance be abolished; and that the said paymaster do forthwith prepare his accounts for liquidation:
Ordered, That the remainder of the report, so far as relates to a compensation to Guillem Aertson for transacting the business of paymaster to the Board of War and Ordnance from 17 February last to the 9th instant be re-committed.
The report of the committee on the motion of Mr. [Theodorick] Bland was read:
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Ordered, That it be re-committed and that Mr. [Thomas] Bee be added to the committee.
A report from the chamber of accounts, on the accounts of General Sullivan, was laid before Congress:
Ordered, That it be referred to the Board of Treasury; and that the Board receive such evidence in support of the claims of Mr. Sullivan as shall be satisfactory, and the best which circumstances will admit.
On motion of Mr. [John] Mathews, seconded by Mr. [George] Walton,
Resolved, That the Board of War be directed to pay the passages of the several continental officers already arrived, and that may hereafter arrive in this city from Charlestown and St. Augustine.
The consideration of the ordinance for establishing a court of appeals in cases of capture, was resumed; and, after debate,
An Ordinance, establishing a Court for receiving and determining finally all Appeals in cases of Captures.
Whereas, the United States in Congress Assembled have the sole and exclusive right and power of establishing Courts for receiving and determining finally appeals in all cases of captures; And whereas it is of great importance, that such courts be invested with powers sufficient to enable them to answer the purposes of their establishment;
Be it therefore ordained by the United States in Congress assembled, that a Court be and hereby is established for Passed receiving and determining finally all appeals in cases of capture from the several courts of admiralty, having jurisdiction in such cases within the United States respectively.
And be it farther ordained, that the said Court shall hold their commission during their good behaviour, to be appointed and commissioned by the United States in Congress assembled, and to consist of three judges.
(That the said court shall consist of three Judges to be Passed appointed and Commissioned by the United States in Congress Assembled.)
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And be it farther ordained, That the said Judges or any two of them, shall have full power to hold the said court, and therein Passed to hear and determine all causes, matters and things cognizable in the said court.
And be it farther ordained, The [each of the said] of the said] Judges shall before he enters on the duties of his office, take the following Passed oath [or affirmation viz.], I, A. B. do swear [or affirm,] that I will well and faithfully and according to the best of my judgement and ability, execute the Office of a Judge of the Court of Appeals instituted by the United States in Congress Assembled [for receiving and determining all Appeals in cases of capture;] which oath shall be administered by [any one of the Judges of the Supreme or superior courts in the several states, a certificate of which to be lodged with the Secretary of Congress.]
And be it farther ordained, That the proceedings and decisions of the said Court, shall be had and made according to the Passed Ordinances and regulations of Congress, the law and usage of nations, and the general practice of the maritime courts of Europe.
And be it farther ordained, that the said court shall appoint its own Register or Registers, and Marshal or Marshals, during the pleasure of the said court, and that the said Register or Registers, and Marshal or Marshals, shall before he or they enter on the duties of his or their office take such oath of office, and give such security for the performance of his or their duty, as the said court shall order and direct.
And be it farther ordained, that the said court shall have and it hereby has full power and authority to admit and appoint Advocates, Proctors, and Appraizers, and all other officers and assistants, incident to such courts.
And be it farther ordained, that the said court shall have and it hereby has power and authority to fine, or to fine and imprison for contempts, as also all other powers and authorities by law or usage incident to such courts.
And be it farther ordained, that in every case of capture, an Appeal to the said court shall, if demanded, be allowed by the several Courts of Admiralty in the United States, provided the Appeal be made withindays after sentence, and good security be likewise given by the Appellant or Appellants that he or they will effectually prosecute such appeal, and answer, fulfil and perform, whatever shall
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be awarded, ordered or decreed in the said case by the Court hereby established.
Provided always, That in case the party or parties appellate, shall give sufficient security before, and to be approved of by one or more of the Judges of the court hereby established, to restore the ship, vessel, goods or effects, concerning which sentence has been pronounced or the full value thereof to the Appellant or Appellants, if the sentence appealed from shall be reversed, the execution of the sentence appealed from, shall not from the time of giving such security as aforesaid, be suspended by reason of such Appeal.
And be it farther ordained, That in case any person, who was not a party in the first instance of the cause, shall interpose an Appeal from a sentence given in any Court of Admiralty within the United States, such person, or his or her agent, shall at the same time enter his or her claim, otherwise such appeal shall be null and void.
And be it farther ordained that where, from, the distance of place, or any other cause not rising from the neglect of the party or parties appellant, it shall appear to the Court of Appeals by this ordinance established, that it would be unreasonable to confine the making of the appeal within the time herein before limited, the said court shall have, and it hereby has power to receive such appeal at such subsequent time (not exceedingmonths) as to the said court shall appear reasonable and proper.
And be it farther ordained, that the said court shall have and it hereby has full power and authority to proceed, determine upon, and carry into execution, and effect any stipulations entered into before it or one or more of the Judges thereof, and stipulations entered into before any of the Judges or Courts of Admiralty within the United States, for effectually prosecuting appeals, and answering, fulfilling and performing the awards, orders and decrees, of the Court of Appeal hereby established.
And be it farther ordained, That the times and places, when and where the said court shall hold its sessions, shall from time to time be declared by resolutions of the United States in Congress Assembled, or in case no such resolutions shall be made, shall be appointed by the Judges of the said court.
And be it farther ordained, that the said court shall have and it hereby has power to tax reasonable costs in causes depending before or determined by it, until otherwise regulated by the United States in Congress Assembled.
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And be it farther ordained, that all Judges, Registers, Marshals and other officers of the several courts of Admiralty within the United States, shall be subject to the rules, orders, and decrees made by the Court of Appeals hereby established, in causes depending before, or finally determined by the said court.
And be it farther ordained, that the annual salary of each of the Judges of the said Court shall beSpanish milled dollars, to be paid out of the treasury of the United States in equal quarterly payments.1
[Note 1: 1 This report, in the writing of a clerk, except the portion in parentheses which is in James Mitchell Varnum's writing and the portions in brackets which are in Samuel Huntington's writing, is in the Papers of the Continental Congress, No. 29, folio 394. It is in the list of postponed reports in No 31, folio 371.]
Ordered, That it be re-committed:
That Mr. [Edmund] Randolph be added to the committee.
Resolved, That it be an instruction to the said committee, to prepare and bring in an ordinance for regulating the proceedings of the admiralty courts of the several states in cases of capture, to revise and collect into one body the resolutions of Congress and other convenient rules of decision, and to call upon the several legislatures, to aid by necessary provisions the powers reserved to Congress by the Articles of Confederation on the subject of captures from the enemy.2
[Note 2: 2 This resolution, undated, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 29, folio 398.]
The committee, ∥consisting of Mr. McKean, Mr. Ellsworth, Mr. Bland,∥ to whom was referred the motion relative to the navy of the United States of America, delivered in a report; Whereupon,
The Committee to whom was referred the motion respecting the Navy of the United States of America having considered the same agree to the following Report, viz.
That for the present an Agent of Marine be appointed by Congress who shall direct, fit out, equip and employ the several Agreed August 27 [29], 1781 1781 vessels of war belonging to these States and also take order respecting the payment of the officers and crews of the same, and moreover take charge and dispose of all the captures
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and prizes that have been or shall hereafter be made by the said vessels of war or any or either of them.1
[Note 1: 1 This paragraph, in a modified form, was agreed to August 29.]
Resolved, That the care of the Marine prisoners heretofore entrusted to the Board of Admiralty be transferred to the commissary of prisoners under the superintendence of the Board of War.
That the seal of the Admiralty be deposited with the Secretary of Congress, and that he seal and countersign the like commissions as have heretofore been issued by the Board of Admiralty by order of Congress, until a Secretary of Marine shall be appointed.
That all the appointments of the officers of the Admiralty, the several Navy Boards, the Continental Agents in the Marine Department, and all persons in authority, or acting under them, be from and after theday ofnext removed (excepting such of them as the said Agent of Marine shall think necessary to be continued, and shall through his recommendation be continued by Congress) and that from and after the saidday ofnext, all other duties of the Board of Admiralty, and the authorities, powers, privileges and emoluments to the several officers and persons above described or to any or either of them given by any former act or acts of Congress do cease and determine.
That the Superintendant of Finance be and he is hereby directed to cause the accounts of all and singular the persons aforesaid to be settled and adjusted on equitable principles as soon as possible; that he appoint one or more auditors for that purpose if he thinks it necessary; that he cause suits to be commenced against any person or persons who shall refuse or neglect to settle his or their said accounts or to pay or deliver over any monies or stores in his or their possession belonging to these United States; and that on the adjustments, liquidations, payments and deliveries as aforesaid he give proper acquittances and discharges.
That the Agent of Marine be authorized and directed to fit out with all possible dispatch such and so many of the Vessel of War belonging to the United States as shall be required of him by the Superintendent of Finance, and that as soon as they or any of them
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shall be so fitted and equipt for sea that their readiness be reported without loss of time to the said Superintendent, who is hereby authorized to give sailing orders and instructions to the Commander or Commanders thereof, to perform such voyage or cruise as he shall direct for the benefit of the service of the United States, he being responsible to the United States in Congress assembled for this extra official duty in the same manner as he is for the due performance of the functions of his office, and that the said agent from time to time obey and execute such orders as he may receive from the said Superintendant of Finance, by special order of Congress for that purpose, with regard to fitting out, manning and equipping the said Vessels of War, and that the Commanders thereof obey such official instructions, with regard to sailing, cruising, returning, &c., as they may in like manner receive from the said Superintendant of Finance, untill a Minister of Marine shall be appointed by Congress, or untill this order shall be revoked by the United States in Congress Assembled.
That if at any time in the course of the present year requisitions shall be made to the Agent of Marine by the Superintendant of Finance for any voyages or services to be performed by any of the said Ships of War for the purpose of aiding him in such measures as he may adopt in the execution of his office, the Agent of Marine shall comply with such requisitions, keeping an account of the voyages or services so performed to be laid before Congress when required.1
[Note 1: 1 This report, in the writing of Thomas McKean, except the portion struck out which is in Theodorick Bland's writing and the final paragraph which is in that of Oliver Ellsworth, is in the Papers of the Continental Congress, No. 28, folio 147. On folio 151 appears the following, in the writing of Theodorick Bland:
That a salary ofdollars pr. annum be allowed for the Agent of Marine and that he receive no other fee or emolument whatever for his services in that office.
That the said agent be allowed to appoint a temporary subagent in any port of the United States to take charge of such Captures, prizes, goods, vessels or other things belonging in the whole or in part to the United States as shall come to or be consigned to his care, for whose conduct he shall be responsible, and may make the subagent so appointed such allowance for his trouble as he the said agent shall think reasonable not exceedingper cent on the net sales to be paid on a fair adjustment and payment of the net proceeds into the Treasury of the United States or to the order of Congress, or of the Superintendant of Finance to whom a certified copy of all such accounts is to be returned and lodged in his office within fourteen days after the sales are completed.
That the said Agent of Marine shall be allowed one Clerk whose salary shall bedollars per annum to assist him in keeping the accounts, books, &c. appertaining to the Department.
And on folio 157 the following in the writing of Roger Sherman:
Resolved, That an Agent of Marine be appointed with authority to exercise all the powers that were vested in the Board of Admiralty by the ordinance of the 28th of October 1779
That he be allowed a salary ofdollars specie per annum.
That an agent be appointed to reside at Boston to superintend the affairs of the Navy in the Eastern Department subject to the orders of the Agent of Marine and that he be allowed a Salary ofdollars specie per annum.
Resolved, That the Board of Admiralty the several Navy Boards and all officers and agents acting under them or either of them be discontinued.]
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Ordered, That the farther consideration of the report be postponed.
Adjourned to 10 o'Clock to Morrow.
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