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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, MAY 2, 1781
A letter, of 21 April, from Colonel T. Pickering, quartermaster general, was read, with sundry papers enclosed:
Ordered, That it be referred to the Board of War.
A letter, of this day, from J. Howell, was read;
Ordered, That it be referred to the Board of Treasury.
A letter, of 1, from W. Geddes, was read:3
[Note 3: 3 Pickering's letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 379; Howell's is in No. 78, XII, folio 147; Geddes' is in No. 78, X, folio 331.]
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 the application of Mr. [James] Duane, a delegate for the State of New York, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for two hundred and sixty-six dollars of the new emission, to reimburse him for an advance made for the use of the State of New York by the direction of Congress, and for other purposes, for which the said State is to be accountable;1
[Note 1: 1 This paragraph is in the Papers of the Continental Congress, No. 136, V, folio 263.]
That on the application of Mr. G[eorge] Walton, one of the delegates for the State of Georgia, a warrant issue in his favour on Thomas Smith, commissioner aforesaid, for three hundred dollars of the new emission, for which the State of Georgia is to be accountable;2
[Note 2: 2 This paragraph is in the Papers of the Continental Congress, No. 136, V, folio 285.]
That on the application of Mr. [Richard] Howly, a delegate for the State of Georgia, a warrant issue in his favour on Thomas Smith, commissioner aforesaid, for three hundred dollars of the new emission, for which the said State of Georgia is to be accountable.
The Board of Treasury, to whom were referred the accounts of Captain William Goold, report that the said accounts cannot be settled here; that being in the quartermaster's and commissary's department they can only be settled to the southward upon the general regulation; but that from peculiar circumstances a small advance should be made to Captain Goold to enable him to return;3Whereupon,
[Note 3: 3 The paragraphs referring to Mr. Howly and Captain Goold are in the Papers of the Continental Congress, No. 136, V, folio 263.]
Ordered, That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Captain William Goold, for one hundred dollars of the new emissions advanced to him on account.
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A report of the Board of Treasury on the petition of Lieutenant Andrew Lee, of Colonel M. Hazen's regiment, was read; Whereupon,
Treasury Office May 1st. 1781
The Board of Treasury upon the petition of Lieutenant Andrew Lee of Col. Hazen's regiment referred to them 27th ultimo, beg leave to report to the United States in Congress Assembled, That for the payment of the said Lt. Lee's account (inclosed in the said petition) of expences incurred, from the time he was wounded at Springfield New Jersey in June 1780 to the 3rd. of January 1781 to the amount of 3820 dollars old emissions, a warrant issue on Thomas Smith Esq. Commissioner of the Continental Loan Office for the State of Pennsylvania in favor of Dr. Thomas Bond purveyor of the General Hospital for 3820 dollars of the old emissions to enable him to pay the account of the said Lieutt. Lee, for which sum the said Dr Thos. Bond is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, V, folio 289.]
Ordered, That a warrant issue on Thomas Smith, commissioner aforesaid, in favour of Thomas Bond, purveyor of the general hospital, for fifty dollars and eighty-four ninetieths of a dollar of the new emission, to enable him to discharge the account of Lieutenant Lee for expences incurred from the time he was wounded at Springfield, New Jersey, in June, 1780, to the 3 January, 1781, for which sum the said Thomas Bond, purveyor, is to be accountable.
A letter, of 1, from the Board of War, was read, informing that by the death of Colonel Flower the place of commissary general of military stores is vacant.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 148, I, folio 365.]
A report from the Board of War was read; Whereupon,
Ordered, That the Board of War draw warrants on the paymaster general in favour of the officers lately arrived in the flag from Charlestown, for three months' pay and subsistance equal to eight hundred and eighty-seven dollars in bills of the new emissions, to enable them to join the southern army, the resolution of the 4th January last notwithstanding;3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 147, V, folio 57.]
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That the Board also draw a warrant on the paymaster general for three hundred and seventy dollars in bills of the new emission, two months' pay of one cornet, four sergeants, one trumpeter and ten privates of Captain Bedkin's troop of dragoons.
The Board having ordered the detachment above mentioned on a particular command were under the necessity of desiring the Paymaster General to advance the above sum and we therefore hope Congress will be pleased to enable us to cover it by a warrant, as the men could not be enabled to march without their pay which they have not received for twelve months past.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, V, folio 81.]
The report of the committee, ∥consisting of Mr. Mathews, Mr. Atlee, Mr. Walton,∥ on the letter of the 19 April, from Brigadier General Moultrie, enclosing a memorial from the officers belonging to the States of South Carolina and Georgia, and to Pulaski's and Armand's legionary corps, now prisoners in Charlestown was taken into consideration; Whereupon,
Ordered, That the Board of War take immediate measures for remitting to Charlestown six hundred hogsheads of the tobacco now in the Commonwealth of Virginia, belonging to the United States, for the use of the above mentioned prisoners of war, and such of the militia of the States of South Carolina and Georgia, as were actually taken in arms, and remain prisoners of war:
That the Board of War appoint a proper person to dispose of the tobacco in Charlestown, with orders to render, as soon as may be, an account of the sales, to be lodged in the Board of Treasury.2
[Note 2: 2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 19, IV, folio 453.]
A letter, of this day, from the Board of Admiralty, was read:
Ordered, That it be referred to the Board of Admiralty to take order.
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A letter, of 30, from the president and supreme executive council of Pensylvania, was read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 69, II, folio 377.]
Ordered, That it be referred to a committee of three, to confer with the said president and supreme executive council:
The members, Mr. [Daniel] Carroll, Mr. [James] Duane, Mr. [Nicholas] VanDyke.
A motion was made by Mr. [Theodorick] Bland, seconded by Mr. [Richard] Howly:
Ordered, That the same, together with the report of the committee on the letter, of 30 March, from Colonel T. Pickering, be referred to a committee of three:
The members, Mr. [William Churchill] Houston; Mr. [Theodorick] Bland, Mr. [Daniel] Carroll.
A motion was made by Mr. [Meriwether] Smith:
Ordered, That it be referred to the foregoing committee. The report of the committee appointed to prepare a plan to invest the United States in Congress assembled with full and explicit powers for effectually carrying into execution in the several states all acts or resolutions passed agreeably to the Articles of Confederation was taken into consideration. and after debate:
[Philadelphia, 12 March, 1781.
The Committee appointed to prepare a plan to invest the United States in Congress assembled with full and explicit powers for effectually carrying into execution in the several States all Acts or Resolutions passed agreeably to the Articles of Confederation beg leave to submit the following Report.]
Whereas it is stipulated and declared in the 13th Article of the Confederation "that every State abide by the determinations of the United States in Congress assembled on all questions which by this Confederation are submitted to them. And that the Articles of this Confederation shall be inviolably observed by every State," by which article a general and implied power is vested in the United States in Congress assembled to enforce and carry into effect all the Articles of the said Confederation against any of the States which shall refuse or neglect to abide by such their determinations, or shall
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otherwise violate any of the said Articles, but no determinate and particular provision is made for that purpose: And whereas the want of such provision may be made a pretext by delinquent states against whom coercive [to call into question the legality of] measures which may be necessary for preserving the authority of the Confederation and for doing justice to the States which shall duly fulfil their federal engagements, to dispute and oppose the execution of such measures, And it is moreover most consonant to the spirit of a free Constitution that on the one hand all exercise of power should be explicitly and precisely warranted, and on the other that the penal consequences of a violation of duty should be clearly promulged and understood: And Whereas it is further declared by the said 13th Article of the Confederation that no addition shall be made to the Articles thereof, unless the same shall be agreed to in a Congress of the United States and be afterwards confirmed by the Legislatures of every State. The United States in Congress assembled having seriously and maturely deliberated on these considerations, and being desirous as far as possible to cement and invigorate the federal Union, that it may be both established on the most immutable basis, and be the more effectual for securing the immediate object of it, do hereby agree to recommend to the Legislatures of every State to confirm and to authorise their Delegates in Congress to subscribe, the following clause as an additional Article to the 13 Articles of Confederation and perpetual union.
It is understood and hereby declared that in case any one or more of the Confederated States shall refuse or neglect to abide by the determinations of the United States in Congress assembled and to observe all the Articles of the Confederation as required in the 13 th Article, the said United States in Congress assembled are fully authorised to employ the force of the United States as well by sea as by land to compel such State or States to fulfil their federal engagements, and particularly to make distraint on any of the effects vessels and merchandizes of such State or States or of any of the Citizens thereof wherever found and to prohibit and prevent their trade and intercourse as well with any other of the United States and the Citizens thereof, as with any foreign State, and as well by land as by sea until full compensation or compliance be obtained with respect to all requisitions made by the United States in Congress assembled in pursuance of the Articles of Confederation.
And it is to be understood, and is hereby agreed and conceded that this article shall be fully and absolutely binding and conclusive when
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all the States not actually in the possession power and under the jurisdiction of the Enemy, shall enact the same.1
[Note 1: 1 This report, in the writing of James Madison, except the portions in brackets, which are in James Duane's hand, and the last paragraph which is in James Mitchell Varnum's hand, is in the Papers of the Continental Congress, No. 24, folios 19 and 25. The following, in the writing of John Mathews, was postponed:
That the United States in Congress assembled ought to have and exercise during the present war in time of War the power of making and executing such Laws and Ordinances as shall by them be deem'd necessary efficiently to prosecute the war, which laws and Ordinances shall be equally binding on all the States in this Union. It is therefore recommended by your Committee that Congress immediately apply to the several States, to pass laws, vesting in Congress such powers as will be necessary for the above purposes.
It is in the Papers of the Continental Congress, No. 24, folio 27.]
Ordered, That it be referred to a grand committee, consisting of a member from each State:
The members, Mr. [John] Sullivan, Mr. [Artemas] Ward, Mr. [James Mitchell] Varnum, Mr. [Samuel] Huntington, Mr. [James] Duane, Mr. [Abraham] Clark, Mr. T[homas] Smith, Mr. [Nicholas] Van Dyke, Mr. [Daniel] Carroll, Mr. [Theodorick] Bland, Mr. [Samuel] Johnston, Mr. [John] Mathews, Mr. [William] Few:
To meet in the committee chamber on Saturday next, at 9 o'Clock, A.M.
A motion was made by Mr. M[eriwether] Smith, seconded by Mr. [William Churchill] Houston:
Ordered, That it be referred to the grand committee.
On motion of Mr. [James] Duane, seconded by Mr. [John] Mathews,
Resolved, That Lieutenant Colonel Fleury be permitted to remain on furlough until Congress shall otherwise direct.
One of the ordinances reported by the committee on the motion of Mr. [Oliver] Wolcott was read a second time, and on debate was rejected.
The committee to whom was referred the letter, of 22 April, from Major General the Marquis de la Fayette; and
The committee on the letters from Mr. Dumas;
The Committee to whom are referred several letters from Mr Dumas, submit the following report:
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Resolved, That it be an instruction to the Hon. John Adams Doctor Franklin, Minister Plenipotentiary of these United States at the Court of Versailles, to enquire into the merit and services of Mr Dumas who has been employed thro' him to transact business for these United States at the Hague, and the prospect of his future usefulness; and to make an addition to his yearly allowance or salary if he shall think it proper.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, II, folio 159. It is in the list of postponed reports in No. 31, folio 371.]
The committee or the letter, of 6 November, 1780, from the honble J. Jay; and
The committee on the letter, of 28 March, from the governor of the State of New York; delivered in their several reports.
The Committee to whom was re-committed their Report on the letter of 28 March last from the governour of the State of New York and other papers, submit the following report:
That a letter be addressed to Governour Clinton informing him that Congress are sensible of the distresses and embarrassments of the State of New York in the present situation of affairs; and regret that the public finances do not admit of affording adequate relief.
That Congress are fully satisfied necessity alone has induced the State of New York to adopt the measure of emitting paper money on their separate credit; that Congress have repeatedly expressed their sense against expedients of that kind; but considering the urgency of the case, and that the emission is so calculated as not to increase the quantity of bills of credit in circulation beyond the sum proposed by the resolutions of the 18th of March 1780, they are unwilling to disapprove the conduct of the State of New York in that transaction.
That as the Executive of the State of New York are convinced the bills emitted in pursuance of the Act of that State of 27 March last can be paid out with equal advantage to the public and satisfaction to individuals in the discharge of debts and making of purchases, with those emitted pursuant to the Resolutions of 18 March 1780, they shall be received upon orders drawn for the Continental four tenths of the last mentioned bills, in such manner as to correspond with the request mentioned in the letter above mentioned.
That their expectations of loans in Europe being in a great degree disappointed, Congress have it not in their power to advance the
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bills of exchange requested by the State of New York, and therefore recommend that they rely on the means described in the act of their Legislature ofOctober 1780 for paying the interest on the new bills of credit.
That Congress will give orders for transmitting bills to exchange at the end of the year the bills emitted pursuant to the resolutions of 18 March 1780, or point out such mode as may render an exchange unnecessary.
That as the period assigned for the circulation of the former continental bills of credit has expired with the last month, it is expected every State, in which any of the said bills may still circulate, and who have not redeemed their proportion of them will take effectual measures to draw the same out of circulation immediately.
That the want of money renders it impracticable to discharge the debts said to be due to the inhabitants of the State of New York, but that no means shall be
That it is expected the Legislature of the State of New York, will use every possible means to discharge the debts said to be due to the Inhabitants of that State, preferring in every case the more necessitous; and that all possible assistance will be given by Congress from such funds as are or may be, in their power.1
[Note 1: 1 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 20, I, 369. It is in the list of postponed reports in No. 31, folio 371.]
Treasury Office May 1st 1781
The Board of Treasury upon the letter of Mordecai Sheftall referred to them by Congress on the 27th. ult beg leave to report.
That the public or flag vessels being under the direction of the Board of War, and Mr Sheftall having mentioned in his letter a money transaction between the Captn. of the Flag and the American Commissary at Charlestown, of which only the Board of War have cognizance, they are of opinion it should be referred to that Board.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, V, folio 261.]
Adjourned to 10 o'Clock on Friday.
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