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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 --FRIDAY, AUGUST 10, 1781
A report of the Board of War on that part of the memorial of A. Heguy which respects his application for rank, was read; Whereupon,
At a Board of War August 9th 178.
The Board having taken into consideration that part of the memorial of Alexander Heguy referred to them from Congress beg leave to report.
That though they have no doubt of this Gentleman's merit, yet they are of opinion, that his request ought not to be complied with, as it would give uneasiness not only to the officers who are now in the army, but such as have been obliged to retire as supernumeraries.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 148, II, folio 141.]
Ordered, That the said memorial, so far as respects rank, be dismissed.
A report of the Board of War on the memorial of Colonel J. Livingston was read:
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War Office 10th August. 1781.
Sir,
The Board have considered the memorial of Colonel James Livingston referred to them and beg leave to observe,
That they are entirely unacquainted with the reasons which induced a preference of Colonel Hazen to Colonel Livingston. Congress in their act of October 30th. 1780 for reforming the Army directed "That the Regiment commanded by Colonel Moses Hazen be continued on its present establishment, and that all non commissioned officers and privates being foreigners belonging to any of the Reduced Regiments and Corps, be incorporated therewith and all volunteers from foreign States, who are now in the service or may hereafter join the American Army be annexed to the same Regiment." Under this Resolve the Foreigners of Colonel Livingston's Regiment were incorporated in the Regiment commanded by Colonel Hazen.
With respect to the loss sustained by the Robbery of the Paymaster, the Board beg leave to refer Congress to a resolve made in May 1778 which declares,
That the Paymaster of a Regiment be chosen by the officers of the Regiment, out of the Captains or Subalterns and appointed by warrant, the officers are to risk their pay in his hands, the Paymaster to have the charge of the cloathing and to distribute the same.
As to pay for the Regiment lately commanded by Colonel Livingston, The Board can only remark that their situation is exactly similar to the officers of other Corps who have been reformed and they are at a loss to determine in the present distressed situation of the finances what funds ought to be appropriated to this purpose. If Congress should however be of opinion that the arrears of pay should be discharged, the Board conceive the regulation for that purpose should be so general as to comprehend all the Canadians under these circumstances. With respect to Cloathing it was only intended as a compensation for the depreciation of their pay; but since it has been determined to make good the real pay, according to the original Contract, all claims on that account must be at an end, as if the officers have not had their full proportion the sum they will receive on account of depreciation will be the greater. As to the discharging the half pay allowed to retiring officers, the Board
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have only to say, there is no mode yet adopted or fund established for this purpose.
With respect to drawing provisions the Board are of opinion such a permission ought not to be granted. The plans hitherto pursued in framing the Contracts have only had in contemplation the Continental troops, militia in actual duty, artificers and prisoners. If this system was departed from it might prove the means of introducing abuses which it might be difficult to reform. If Congress are disposed to afford any relief to this Gentleman, who it appears has been subjected to considerable difficulties on account of his attachment to America, the Board think it would be most advisable to grant him a sum of money on account.
As the Board are unacquainted with the fund it might be proper to draw on, they beg leave to submit the same to the consideration of Congress.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 143.]
Ordered, That it be referred to the Board of Treasury to devise ways and means of advancing to Colonel Livingston a sum of money on account of the pay and depreciation due to him.
A report of the Board of War on the case of Elizabeth Bergen was read:
War Office August 10th. 1781
Sir,
Mrs Elizabeth Bergen has applied to the Board for directions to the Town Major to furnish her with rations agreeable to the order of the Commander in Chief. This request the Board think it improper to comply with as the contract for provisions at this Post does not comprehend persons of this description. The Board however think something ought to be done for her relief, and her three children who are in a distressed situation, as it appears she has to the utmost of her abilities assisted the American officers prisoners in New York, not only with necessaries, but the means of making their escapes. The Board are of opinion twenty pounds hard money a year during the pleasure of Congress would be proper.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 148, II, folio 153.]
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Ordered, That it be referred to a committee of three:
The members, Mr. [Joseph] Montgomery, Mr. [Elias] Boudinot, Mr. [James] Lovell.
A report from the committee of the week was read; Whereupon,
The Committee of the week submit the following report:
That the letter from Samuel Patterson respecting a sum of money of the old emission in the Contl. Loan office of the State of Delaware--dated 7th August 1781
And the letter of Charles Pettit praying for an advance of specie &c be respectively referred to the Treasury.
That the Petition of Samuel Higgins for arrears of pay be referred to the Board of Treasury to take order.
That the letter from Samuel Nicholas Major of Marines respecting his pay and a command be referred to the Beard of War:1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 32, folio 217.]
Ordered, That a letter, of 7, from S. Patterson;2 and
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 453;]
A letter, of 9th, from Cha Pettit, be referred to the Board of Treasury;
That a petition of Saml Higgins be referred to the Board of Treasury to take order;
That a letter, of this day, from S. Nicholas, major of marines, be referred to the Board of War.3
[Note 3: 3 Pettit's letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 457; Higgins's petition, dated August 10, 1781, is in No. 42, III, folio 421; Nicholas's letter is in No. 78, XVII, folio 301.]
That a letter from Major De Lomagne be referred to the Board of War.4
[Note 4: 4 This letter, dated August 10, 1781, is in the Papers of the Continental Congress, No. 78, XIV, folio 449.]
Congress proceeded to the election of a secretary for foreign affairs; and, the ballots being taken, Mr. Robert
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R. Livingston was elected, having been previously nominated by Mr. [William] Floyd.1
[Note 1: 1 This paragraph was also entered in the manuscript Secret Journal, Foreign Affairs.]
On motion of the delegates of South Carolina,
Resolved, That the gentlemen appointed by the act of Congress of the 23 July last, to collect loans and donations for the distressed inhabitants of South Carolina and Georgia, be, and hereby are, authorised and empowered to pay the same into the hands of the delegates of the said states, or to their order, agreeably to the said act; and that receipts for the same be taken and lodged in the treasury office.2
[Note 2: 2 This motion, in the writing of Nicholas Eveleigh, is in the Papers of the Continental Congress, No. 36, IV, folio 373.]
A report from the Board of War on the letter, of 23 June, from Major General Greene, was read:
War Office August 9th, 1781
Sir,
The Board have Considered Major General Greene's letter of the 23rd of June last, referred to them by Congress to take order, and have the honor to lay before them the enclosed estimate, upon which they beg leave to observe that the estimate is made on the lowest calculation, yet the sum so far exceeds any funds that we have any knowledge of that can be appropriated to that use, that we dare not undertake to carry the proposed plan into execution until Congress should be informed of our situation; and we beg leave further to observe that we were almost constantly solicited by Colonel Moylan and his officers for several months past for horses and accoutrements for the cavalry of that regiment; but were not able to furnish them, and finally gave orders for their marching dismounted to Virginia hoping that State would mount them; we have since been informed by Major General the Marquis La Fayette, that there was not the least probability of that plan's succeeding and desires the Board in most pressing terms to order them to be mounted and equipped. We have consulted the Superintendent of Finance on account of the ways and means; but have no encouragement that will enable us to proceed; but whenever we are possessed of the means, we shall be happy in complying with the orders of Congress and they may be
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assured of every exertion in our power. We beg leave to suggest the propriety of a speedy determination as Mr Archer is waiting on Expence and it is more than probable will not be able to leave the City unless he is furnished with money and the longer he stays the more he will stand in need of assistance.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 147.]
Ordered, That it be referred to a committee of three:
The members, Mr. [Thomas] Bee, Mr. [Theodorick] Bland, Mr. [William] Sharpe.
Congress resumed the consideration of the report of the committee on the letter of the 9th of July, from the superintendent of finance; and on the question to agree to the following proposition, viz.
The Committee to whom was referred the letter of the Superintendent of Finance of the 9th. Ultimo, further Report,
That on mature consideration of the instructions given the Minister Plenipotentiary of these United States at the Court of Madrid on the 15 of February last they are of opinion that it would be highly conducive to the interests of these States, that the powers contained in the said instructions should be repealed and a discretionary power lodged in the hands of the said Minister to act so far extended as to enable him to agree to a further cession of the navigation of the river Mississippi in such manner as circumstances may render necessary, and as would best tend to promote the interest of these states.
Therefore recommend the following Resolution:
Resolved, That the instructions given to the Minister Plenipotentiary of these United States on the 15 of February last be and they are hereby repealed.
That the minister be empowered to make such further cession of the right of these United States to the navigation of the river Mississippi as he may think proper, and on such terms and conditions as he may think most for the honour and interest of these United States--
The yeas and nays being required by Mr. [Roger] Sherman--
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So it passed in the negative.1
[Note 1: 1 This resolution (partly in cipher) and vote, as an extract from the minutes, by James Lovell, are in the Papers of the Continental Congress, No. 59, I, folio 133.]
Ordered, That the committee of foreign affairs transmit to the Minister Plenipotentiary of these United States at the Court of Madrid, such information relative to the surrender of Pensacola, and the subsequent arrival of the garrison at New York, as they can obtain, to the end that he may make such representation thereon as shall appear to him to be proper.2
[Note 2: 2 This order and the preceding vote 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. The report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 31, folio 307.]
The Committee of Commerce, to whom was referred the letter, of the 24 July, from the honble the Minister of France, delivered in a report; Whereupon,
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Resolved, That the honble the Minister of France be requested to inform the governor and intendant of St. Domingo that the United States have not at present any agent whatever residing at that island; and that Congress, not intending to appropriate their funds to commercial purposes, have not the appointment of such officer in contemplation.1
[Note 1: 1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs. The report is in the Papers of the Continental Congress, No. 31, folio 233.]
A farther report from the committee of the week was read; Whereupon,
The Committee of the week farther report,
That the petition of Lieut. John Jenkins praying for a reward for serving as a Guide to the Army under Major General Sullivan against the Indians in 1779 be referred to the Board of War to report.
That the Memorial and Petition of sundry merchants respecting their sufferings and exposed situation, on account of the depreciation of the Continental money be referred to a special Commission.
10th August 1781
Second report2
[Note 2: 2 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 32, folio 213.]
Ordered, That a petition of Lieutenant John Jenkins be referred to the Board of War;
That a memorial of sundry merchants be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [George] Clymer, Mr. [Joseph] Jones.
Adjourned to 10 o'Clock on Monday.
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