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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, AUGUST 21 1781
The committee of the week made report; Whereupon,
Ordered, That a petition from William Hardy and Jane his wife, administratrix of the late Captain Hawkins Boon, be referred to the Board of War;
That a memorial from Alexander McCasky be referred to the Board of Treasury.1
[Note 1: 1 This report, in the writing of Samuel John Atlee, is in the Papers of the Continental Congress, No. 32, folio 223; McCaskey's memorial, dated August 21, 1781, is in No. 41, VI, folio 263; Hardy's petition is in No. 42, III, folio 423.]
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The report of the committee ∥consisting of Mr. Boudinot, Mr. Varnum, Mr. Sherman∥ on the letter, of the 8, from General Washington, was taken into consideration, wherein the committee state:
The Committee to whom the letter from the Commander in Chief of the 8th instant was referred do report
"that at a meeting of the commissaries of prisoners for both parties, at Germantown, in the month of June, 1778, a demand was made by the American commissary for payment of a number of Canadian officers, taken at St. John's and Chamblee, and sent into the British lines in 1776. The British commissary at the same time demanding an allowance for four hundred and forty American prisoners taken at the Cedars, and returned on parole: that it was then agreed between the said commissaries that both these demands should rest, one against the other, till the British commissary should obtain a certificate";
from Governor Carleton of Canada, testifying the true rank of the said Canadian Officers, when a mutual settlement of each of these demands should be made. That the British Commissary hath not yet given any notice of his having obtained any such certificate.
Your Committee beg leave to submit the following resolutions:
Whereupon,
Resolved, That the Commander in Chief be, and he is hereby authorised, to go into a full exchange of Lieutenant General Burgoyne, and all the remaining officers of the Convention of Saratoga, with the enemy, in such manner as to him shall appear most conducive to the general interests of the United States.
Resolved, That the prisoners taken by the enemy at the Cedars, may be considered as subjects of exchange, notwithstanding any former resolutions of Congress to the contrary; and that the Commander in Chief be, and hereby is instructed
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to charge in the intended exchange, the several officers taken in Canada, and whose ranks were disputed by the enemy and engaged by their commissary to be settled and adjusted in manner aforesaid, according to the ranks mentioned in their paroles, unless the enemy produce sufficient proof of a different rank.1
[Note 1: 1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 19, VI, folio 359.]
The report of the committee on the report of the Board of Treasury relative to certain bills of exchange, was taken into consideration; and, thereupon,
Resolved, That the Commander in Chief be, and he is hereby instructed to remonstrate to the commanding officer of the British troops, on the subject of sixteen sets of bills of exchange, drawn by sundry British officers prisoners of war, in payment of the allowance of two dollars per week, allowed them by Congress, and by the said officers ordered to be protested, as appears by the several protests attending the said bills; and that he report the answer of the said commanding officer to Congress:
Ordered, That the Board of Treasury furnish the commander in Chief with certified copies of the said bills, protests, and the letters attending them, without mentioning the name of William Donaldson the writer of one of the letters.2
[Note 2: 2 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 26, folio 309.]
The report of the committee on the report of the Board of War respecting Robert Elliot, lieutenant on an expedition to New Orleans, was taken into consideration; and Thereupon,
Ordered, That the Board of War issue a warrant on the paymaster general, in favour of Robert Elliot, for thirty-three pounds seven shilling and sixpence Pensylvania currency eighty-nine dollars specie that sum appearing to be
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due to him from the first day of January, 1778, to the last of March inclusive for pay and retained rations.1
[Note 1: 1 This report, in the writing of Thomas Smith, is in the Papers of the Continental Congress, No. 19, II, folio 217.]
On motion of the committee to whom was referred the report of the Board of Treasury of the 20th:
Ordered, That so much of the said report as relates to supplying money to the steward of the household of his Excellency the President of Congress be referred to the superintendant of finance to take order.
A report of the Board of War, of the 14th, [13th] was taken into consideration, and after debate:
War Office August 13th. 1781.
Sir,
The Board have transmitted the memorial of the officers of the fourth Regiment of Artillery referred to them, to the Commander in Chief for his sentiments and have the honor to enclose Congress the copies of his letters on this subject. The Commander in Chief is of opinion that the resolve of the 25th of May had not a retrospective operation and that therefore all promotions antecedent to this period should be made agreeable to the practice then existing which was that the officers of the four Regiments of Artillery and four Regiments of Cavalry respectively should rise lineally in the rank of field officers and regimentally to Captaincies.
The officers of the Fourth Regiment seem to rely on several resolves of Congress as set forth in their Memorial, and on the Articles of Confederation, and are of opinion that after their ratification the lineal connection with respect to the four Regiments of Artillery was dissolved. The Articles of Confederation were ratified the first day of March in the present year and Col. Proctor resigned the 19th of April.
The Board beg leave to suggest to Congress the necessity of a speedy determination as there is great uneasiness among the officers which in all probability may affect the good of the service. The Commissions required by the Commander in Chief in his letter of the 8th of June have been made out; but are [not] authorized untill the pleasure of Congress shall be known.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 148, II, folio 197.]
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Ordered, That it be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [Theodorick] Bland, Mr. [Roger] Sherman:
Ordered, That two members be added to the committee on the report of the Board of War of the 9th:
The members added, Mr. [Samuel John] Atlee, Mr. [George] Walton.
The delegates of Virginia laid before Congress a letter, of 19th, from A. Spotswood:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XXI, folio 109.]
Ordered, That it be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [James] Duane, Mr. [Theodorick] Bland.
On a reconsideration of the resolution respecting the people inhabiting the New Hampshire Grants, it was altered and agreed to as follows:
It being the fixed purpose of Congress to adhere to the guarantee to the states of New Hampshire and New York contained in the resolution of the 7th instant,
Resolved, That it be an indispensible preliminary to the recognition of the independence of the people inhabiting the territory called Vermont and their admission into the federal Union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river and on the west side of a line beginning at the northwest corner of the State of Massachusetts, thence running twenty miles east of Hudson's river so far as the said river runs northeasterly in its general course, then by the west bounds of the townships granted by the late government of New Hampshire to the river running from South Bay to Lake Champlain, thence along the said river to Lake Champlain, thence along the waters of Lake Champlain to the latitude forty-five degrees north, excepting a neck of
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land between Missiskoy Bay and the waters of Lake Champlain.
Adjourned to 10 o'Clock to Morrow.
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