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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, AUGUST 22, 1781

Journals of the Continental Congress, 1774-1789
WEDNESDAY, AUGUST 22, 1781

A letter, of 17, from General Washington, was read:¹

[Note 1: 1 A copy of this letter is in the Papers of the Continental Congress, No. 169, volume 8, page 171.]

Ordered, That it be referred to the committee appointed on the 28 of July to confer with the Commander in Chief, the superintendant of finance and the Board of War.

A memorial of Christian Wirtz; and

A letter, of 22, from M. Livingston, were read:²

[Note 2: 2 Livingston's letter is in the Papers of the Continental Congress, No. 78, XIV, folio 485.]

Ordered, That they be referred to the Board of War.

On motion of Mr. [George] Walton, seconded by Mr. [Richard] Howly:

Ordered, That the report of the Board of Treasury, of the 11, on the memorial of Alexander Heguy, be referred to a committee of three:

The members, Mr. [William] Sharpe, Mr. [George] Walton, Mr. [Jonathan] Elmer.

On motion of Mr. [James] Madison, seconded by Mr. [Edmund] Randolph,

Resolved, That in case General Burgoyne shall have been exchanged for the honble Henry Laurens, credit shall be given for the officers which may be received for him in the general exchange, authorised by the resolution of the 21st.

The committee to whom was referred the business before the grand committee delivered in a report:

Ordered, That it be an order of the day for to Morrow.

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The Committee appointed to prepare an Exposition of the Confederation, a plan for its complete execution and supplemental articles report,

That they ought to be discharged from the exposition of the Confederation because such a comment would be voluminous if coextensive with the subject, the omission to enumerate any Congressional powers become an argument against their existence, and it will be early enough to insist upon them, when they shall be exercised and disputed.

They farther report that the Confederation requires execution in the following manner

• 1 By adjusting the mode and proportions of the Militia aid to be furnished to a sister State labouring under Invasion.
• 2 By describing the privileges and immunities to which the citizens of one State are entitled in another.
• 3 By setting forth the conditions upon which a criminal is to be delivd up by one State upon the demand of the executive of another.
• 4 By declaring the method of exemplifying records and the operation of the Acts and judicial proceedings of the Courts of one State contravening those of the States in which they are asserted.
• 5 By a form to be observed in the notification of the appointment or suspension of Delegates.
• 6 By an oath to be taken by every Delegate against secret trusts of salaries.
• 7 By specifying the privileges of delegates from arrests, imprisonments, questioning for free speech and debates in Congress saving as well their amenability to their constituents, as protesting against the authority of individual legislatures to absolve them from obligations to secrecy.
• 8 By instituting an oath to be taken by the Officers of the U.S. or any of them against presents, emoluments, office or title of any kind from a King Prince or Foreign State.
• 9 By one universal plan of equipping, training and governing the Militia.
• 10 By a scheme for estimating the value of all land within each State granted to or surveyed for any person or persons together with the buildings and improvements thereon: and the appointment of certain periods at which payment shall be made.
• 11 By establishing rules for captures on land and the distribution of the sales.

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• 12 By ascertaining the jurisdiction of Congress in territorial questions.
• 13 By erecting a mint.
• 14 By fixing a Standard of weights and measures throughout the U.S.
• 15 By appointing a Comee for Indian affairs.
• 16 By regulating the Post-Office.
• 17 By establishing a Census of white Inhabitants in each State.
• 18 By publishing the Journal of Congress monthly.
• 19 By registering seamen.
• 20 By liquidation of old accounts against the U. S: and
• 21 By providing means of animadverting on delinquent States.

Resolved, that of the preceding articles, the 9th be referred to the Board of War, the
13th 14th and 16th to the Supt of Finance and the others to a Comee in order that the subject matter thereof may be extended in detail for the consideration of Congress.

And Your Committee further report,

That as America became a Confederate Republic to crush the present and future foes of her Independence;

As of this Republic a general Council is a necessary organ;

And without the extension of its power in the cases hereinafter enumerated War may receive a fatal inclination and peace be exposed daily convulsion;

It be resolved to recommend to the Several States to authorise the U.S. in Congress assembled,

• 1 To lay Embargoes in time of war without any limitation.
• 2 To prescribe rules for impressing property into the service of the S. during the present war.
• 3 To appoint the Collectors of and direct the mode of accounting for taxes imposed according to the requisitions of Congress.
• 4 To recognise the Independence of and admit into the federal Union any part of one or more of the U.S., with the consent of the dismembered State.
• 5 To stipulate in treaties with foreign nations for the establishment consular power, without reference to the States individually.
• 6 To destrain the property of a State delinquent in its assigned proportion of Men and Money.
• 7 To vary the rules of suffrage in Congress, taking care that in questions for waging war

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  Granting letters of marque and reprisal in time of peace

  Concluding or giving instructions for any alliance

  Coining money

  Regulating the value of coin

  Determining the total number of land and sea forces and allotting to each State its quota of men or money.

  Emitting bills of credit. Borrowing money.

  Fixing the number and force of Vessels of War, and appointing a Commander in Chief of the Army and Navy. At least two thirds of the U.S. shall agree therein.

Resolved, That a Comee be appointed to prepare a representation to the several States of the necessity of these supplemental powers and of pursuing in the modification thereof, one uniform plan.¹

[Note 1: 1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress, No. 24, folio 49. It is indorsed "delivered in August 22, 1781. Committee: Mr. Randolph, Mr. Ellsworth, Mr. Varnum", and is in the list of postponed reports in No. 31, folio 371-3.]

Adjourned to 10 o'Clock to Morrow.

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