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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 29, 1781
A letter, of 30 December last, from J. de Neuville & Sons, was read.
A petition of Thomas Smith and William Stone was read:2
[Note 2: 2 De Neufville's letter, dated December 28, is in the Papers of the Continental Congress, No. 145, folio 49; the petition of Thomas Smith and William Stone, dated August 27, 1781, is in No. 42, VII, folio 117.]
Ordered, That it be referred to the Board of War.
The committee on the letter, of 28, from Major General St. Clair;
The committee to whom was re-committed a report respecting the marine department;
The committee to whom was re-committed the report on the letter, of 25, from the lieutenant governor and several
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members of the privy council of the State of South Carolina; and
The committee on the report of the Board of Treasury, of 12 March last, respecting the accounts of Mr. du Coudray;
The committee on the letter, of 9th, from General Schuyler relative to the Caghnawaga Indians; delivered their several reports.
Mr. [John] Mathews laid before Congress information given by Mr. J. Neufville, respecting the treatment of Colonel Isaac Haynes by the British commandant at Charlestown; and, thereupon, made a motion, which was seconded by Mr. [George] Walton:
Whereas Congress have been repeatedly informed that the officers of his Britannic Majesty, commanding within these United States, had in the most wanton and barbarous manner, in cold blood, put to death divers citizens of these States, under the false and insidious pretence of their having returned to their allegiance to his said Majesty and had again revolted therefrom, and were taken in arms fighting against his said Majesty's forces in America, when the fact was that numbers of the inhabitants of these States had been driven by the most cruel oppressions, to take protections from accumulated violence under British domination--notwithstanding which, reiterated violence continuing to be exercised on their persons and property, had as soon as possibly they could openly profess their love to their country by taking up arms in its defence which by the most solemn engagements, they had been bound to do, and which nothing but the duty they owed to their helpless wives and children, could have prevented them from doing in the first instance and although repeatedly called on by British officers to take up arms against their country they had uniformly refused to do, being directly contrary to stipulations entered into by them, when they submitted to receive protection under the British usurpation;
And Whereas Congress have at length obtained the most indubitable proof of such their proceedings by the horrid murder of Col. Haynes an officer in the militia of the State of So. Carolina and taken as such in the just defence of his country, fighting against his said Majesty's forces in the said State of South Carolina, and having been
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one of those persons, who had been driven to submit to receive a British protection. They in consequence thereof had ordered him to be hanged, which order was carried into execution on the fourth day of this instant August;
And Whereas it is the indispensible duty of this Congress, to guard over the lives and liberties of the citizens of these states and to cause speedy and ample justice to be done on any man or body of men who shall presume wantonly, against the laws of War, of nations and of humanity, shamefully to violate the said laws, or any of them;
And Whereas the officer, commanding the troops of his Britannic Majesty, in the State of South Carolina did cause to be hanged Col. Isaac Haynes an officer in the militia of the State of So Carolina under sentence of his being a British subject, which said act being not only contrary to the laws of War, but highly dangerous to the welfare of these United States if permitted to pass without just retaliation;
Therefore Resolved, That the Commander in Chief be directed to cause a British officer, now a prisoner within these United States in the line of the British army of equal rank Col. Haynes not under the rank of a Major immediately to suffer the same death that was inflicted on Col. Haynes.1
[Note 1: 1 This motion, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 19, II, folio 81.]
Ordered, That the said information and motion be referred to a committee of three: the members, Mr. [Edmund] Randolph, Mr. [James] Duane, Mr. [James Mitchell] Varnum.
Another motion was made by Mr. [James Mitchell] Varnum:
Ordered, That the same be referred to the foregoing committee.
The report of the committee on the letter from Major General St. Clair was taken into consideration; Whereupon,
The Committee to whom were referred the letter of the 28th. of August last from Major General St Clair, beg leave to report--
That they have conferred with the Financier on the subject of the advance of money requested by General St Clair for officers and privates of the Pensylvania line, and that he informs your Committee that it is not in his power to make the said advances--
That your Committee know of no means which enables Congress at present to make the advance requested by General St Clair: and
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they are therefore of opinion that his application ought to be transmitted to his Excellency the President and the Supreme Executive of the State of Pensylvania with an earnest request that they will take the most effectual measures in their power to enable General St Clair to expedite the march of the troops mentioned in his letter.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, V, folio 391.]
Ordered, That the application of Major General St. Clair be transmitted to his excellency the president and the supreme executive council of the State of Pensylvania and they be earnestly requested to take the most effectual measures in their power to enable General St. Clair to expedite the march of the troops mentioned in his letter.2
[Note 2: 2 From this point the entries are by George Bond.]
Congress took into consideration the report of the committee ∥consisting of Mr. Bland, Mr. Varnum, Mr. Duane∥ respecting the ∥Board of Admiralty, the navy boards, and the mode of conducting the business of the navy∥ marine department; and Thereupon,
Resolved, That for the present an agent of the marine be appointed, with authority to direct, fit out, equip and employ the ships and vessels of war belonging to the United States, according to such instructions as he shall, from time to time, receive from Congress:
That all prizes belonging to the United States be sold under his direction, and the produce deposited by him in the hands of the superintendant of finance:
That all accounts and demands for pay and for all disbursements and expences, respecting the said marine, be transmitted to the said agent for settlement and payment: and that he cause regular entries thereof to be made and kept:
That he shall be allowed a salary ofper annum, and be not permitted to receive any other fee
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commission or emolument whatsoever, for his services [at the rate of fifteen hundred dollars per annum, in full of all charges and expences whatsoever]:1 that he shall also be allowed a clerk, who shall receive for his services, a salary [at the rate of five hundred dollars per annum:]1
[Note 11: 1 The words in brackets are in Thomas McKean's writing in the report.]
That both the agent and clerk shall, before they enter into their respective offices, take an oath before the President of Congress, well and faithfully to execute the trust reposed in them, according to the best of their skill and judgment; [and shall enter into bond with good and sufficient security for the due and faithful performance of his office, which shall be lodged in the office of the secretary of Congress:]2
[Note 2: 2 The words in brackets are in Theodorick Bland's writing in the report.]
That as soon as the said agent shall enter on the execution of his office, the functions and appointments of the Board of Admiralty, the several navy-boards, and all civil officers appointed under them, shall cease and be determined:
And lastly, that the registers, books and papers, belonging to the admiralty and navy boards, or in their custody, shall be delivered over to the said agent, and preserved by him.3
[Note 3: 3 This report, in the writing of James Duane, except as already specified, is in the Papers of the Continental Congress, No. 28, folio 249.]
Ordered, That Monday next be assigned for the election of an agent of the marine.4
[Note 4: 4 Here Charles Thomson resumes the entries.]
Adjourned to 10 o'Clock to Morrow.
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