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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, SEPTEMBER 5, 1781
A letter, of 3, from Major General Lincoln, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, offrom Colonel C Pinkney, was read:1
[Note 1: 1 Pinckney's letter, dated September 5, 1781, is in the Papers of the Continental Congress, No. 78, XVIII, folio 461.]
Ordered, That it be referred to the Board of War.
A letter, of 21 April, from Mr. de Beaumarchais, was read.
The Board of Treasury report, that in pursuance of the order of 21 June last, they have caused the accounts of Captain Miguel Lorenzo Ysnardy, to be adjusted, and find that there is due to him for eight pieces of cannon and naval stores, delivered to the commanding officer at Charlestown, prior to the siege thereof, the sum of one thousand nine of a dollar specie, hundred and sixty-seven dollars and and for the pay of his ship's company employed during the siege, the farther sum of two thousand two hundred and thirty-seven dollars and 45/90; that Captain Ysnardy having informed the Board, that the cannon mentioned above, is the property of his Catholic Majesty, and distinct from the stores which are his private stock, the Board has granted him certificates, one for the amount of the cannon, and another for the stores, with which he is satisfied; that Captain Ysnardy declines receiving any satisfaction for the sum due to himself and crew, assisting in the defence of Charlestown, from a desire of shewing his attachment to the American cause.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, V, folio 453.]
A report of the Board of War was read; Whereupon,
War Office August 31st 1781.
Sir,
The Board have the honor to inform Congress that the Creditors of Mr Caldwell are again importunate to be paid the sums which are respectively due them and have proposed to the Board, that they
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should apply to Congress for a warrant on the State of Virginia for the whole sum for which Mr Caldwell is liable. The Board have on a former occasion stated this matter to Congress and at present have only to observe that they are circumstanced in a very disagreeable manner, having given the strongest assurances to Mr Caldwell for the payment of this money at the time of the delivery of the goods. They therefore request that Congress will be pleased to adopt the method pointed out for satisfying them.
Should they concur in sentiment with the Board, it will be necessary to resolve,
Resolved, That the accounts of Samuel Caldwell, late agent cloathier, for articles purchased by him, under the orders of the Board of War, be referred to the Board of Treasury for settlement; and that the Board settle the balances due to the several creditors, and report a warrant for the whole on the State of Virginia the same to Congress.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 213.]
Another report of the Board of War was read; Whereupon,
War Office Sept 4th 1781.
Sir,
The Board beg leave to transmit to Congress an application of Capt. Henderson for money on account of pay, that he may be enabled to defray his expences to Lewis Town for the recovery of his health.
As this Gentleman's case is particular, the Board report the following resolution:
Ordered, That the Board of War draw a warrant on the paymaster general in favour of Captain John Henderson of the third Pensylvania regiment for three months' nominal pay in bills of the new emission.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 148, II, folio 223.]
The committee ∥consisting of Mr. Duane, Mr. Randolph, Mr. Mathews∥ to whom was referred the report of the honble. J. Laurens, special Minister of the United States at the Court of Versailles ∥respecting his mission∥, delivered in a report; Whereupon,
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Resolved, That the conduct of Lieutenant Colonel Laurens, in his mission to the Court of Versailles, as special minister of the United States, is highly agreeable to Congress, and entitles him to public approbation.
Resolved, That Lieutenant Colonel Laurens have leave to join the army agreeably to his request.1
[Note 1: 1 These resolutions were also entered in the manuscript Secret Journal, Foreign Affairs. The report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 148, II, folio 229.]
A memorial of three Indians was read:2
[Note 2: 2 This memorial, dated September 5, 1781, is in the Papers of the Continental Congress, No. 41, IV, folio 422.]
Ordered, That it be referred to the Board of War to take order.
Resolved, That the Board of War take order for putting Lieutenant Colonel de Buysson, with respect to his arrears of pay, on a footing of equality with the rest of the officers of the army; and that his pay be liquidated in specie up to this day, and a certificate for the balance made out and delivered to him.
The report of the committee, ∥consisting of Mr. Clymer, Mr. Randolph, Mr. Carroll,∥ on the petition of Roger Kean, in behalf of himself and the officers, mariners and marines, of the private brigantine of war, called the Holker, was taken into consideration; whereby it appearing, that the petitioners entered an appeal according to law against Patrick Mahon and others, in the court of admiralty of Pensylvania, and the necessary stipulations would have been executed in due form, and within due time, had it not been for the indisposition and death of the register:
The Committee to whom was referred the petition of Roger Kean in behalf of himself and the officers mariners and marines of the private brigantine of war called the Holker, praying that the Court of appeals may be directed to receive and hear their appeal against Patrick Mahon and others Report,
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That although Congress ought not to relieve in any case relievable by the Court of appeals, yet in instances of peculiar hardship, in which the sufferer has not been in fault, and that Court is incapacitated by strictness of law to interpose, Congress should prevent a defect of Justice;
That the petitioners entered an appeal according to law against the said Mahon and others, in the Court of Admiralty of Pennsylvania, and the necessary stipulations would have been executed in due form and within due time had it not been for the indisposition and death of the Register;
That the time allowed for the execution of these stipulations having elapsed through these means, the petitioners moved the court of appeals to receive stipulations executed after that time, but their motion was overruled; the court being by strictness of law incapacitated to interpose:
Resolved, That it be an instruction to the court of appeals, to receive and hear the appeal of the petitioners against the said Patrick Mahon, and others, they entering into the necessary stipulations, on or before the 20th day of this present month September, and giving reasonable notice to the counsel of the said Mahon and others, of this resolution and the execution of such stipulations.1
[Note 1: 1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 19, III, folio 323.]
A report of the committee, ∥consisting of Mr. Sherman, Mr. Duane, Mr. Clymer,∥ to whom was referred a report on the letter of the 12 July, 1780, from John Bradford, was taken into consideration, and, thereupon, it was resolved as follows:
Whereas by a resolution of Congress of the 11th day of May, 1778, the board of war of the State of Massachusetts, was requested with all convenient speed, in the best manner, and for the most money possible, to make sale of a certain snow and her cargo, said to be the property of Messrs. John
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Ignatius de Oliveria Perceira and Anthony Dios Santos, subjects of the King of Portugal; and to deposit the net proceeds in the public funds of these United States for the benefit of the owners: and whereas the United States have since paid the said owners the value and amount of the said snow and cargo:
Resolved, That the superintendant of finance be, and he is hereby authorised and directed, on behalf of the United States, to take order for the settlement of the accounts respecting the said snow and cargo with the said board of war, and receive from them the net proceeds thereof, according to the just value thereof at the time of sale, with interest thereon at the rate of six per cent. per annum, or the loan office certificates taken for the same, if the money was deposited in the funds agreeably to the said resolution.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, I, folio 409.]
The report of the committee, ∥consisting of Mr. Sherman, Mr. Duane, Mr. Randolph,∥ to whom were referred the instructions from the assembly of the State of Georgia to the delegates of that State, and their motion thereon relative to Major General R. Howe was taken into consideration; and Thereupon,
The committee to whom was referred instructions from the Assembly of the State of Georgia to the delegates of that State to promote a trial of Major General Howe, and their motion thereon, Report as their opinion:
Ordered, That the extracts from the minutes of the general assembly of the State of Georgia, respecting the conduct of Major General Robert Howe, in his command of the troops in the said State, in December, 1778, be transmitted to the Commander in Chief; and that he be directed to cause an enquiry to be made into the matters therein alleged, in such
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manner as he shall judge proper, as soon as circumstances will admit.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, III, folio 205. A copy of the extracts from the minutes of the Georgia Assembly, dated January 17, 1780, is in the Washington Papers, 97, folio 155; the motion of the Georgia delegates, in the writing of George Walton, is in the Papers of the Continental Congress, No. 19, III, folio 207, and is as follows:
The Delegates of Georgia informed Congress that they had an instruction from the General Assembly of their State, to promote a trial of Major General Robert Howe for his conduct on the 29 day of December 1778 at Savannah, and for exposing the State to the Ravages of the enemy by crossing the Savannah immediately afterwards with all the troops, which instruction they presented, and is as follows:
[Instruction]
The said Delegates farther represented to Congress that, on account of an unavoidable recess in the Government of that State, occasioned by the loss and removal of the troops, the said Instruction could not have been much earlier given.
In obedience therefore to the orders of their constituents and in pursuance of the resolution of Congress of the--day of--177--, they moved that General Washington be directed as soon as circumstances will permit to appoint a Court of Inquiry to be held upon the conduct of Major General Robert Howe respecting the premises, and that upon the report of the said Court of Inquiry he discharge the said Major General Robert Howe, or appoint a Court Martial for his Trial.
Whereupon it was resolved accordingly.]
The report of the committee of the week on the letter of Resolve Smith and the memorial of J. G. Heron was read.
The Committee of the week report,
That the letter of Mr Resolve Smith be read; and
That the memorial of J. G. Heron lay over untill the final determination of Congress respecting the depreciated pay of the army.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 32, folio 237. Smith's letter, dated September 3, 1781, is in No. 78, XXI, folio 113.]
The committee to whom was referred the plan for arranging the treasury office delivered in a report:
Ordered, That to Morrow be assigned for the consideration thereof.
Adjourned to 10 o'Clock to Morrow.
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