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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 --THURSDAY, SEPTEMBER 20, 1781
A letter, of this day, from the Board of War, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 148, II, folio 255.]
Ordered, That the Board of War confer with the executive of the State of Pensylvania on the subject of their letter of this day, and request their aid in the matter.
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The report of the committee on the memorial of the Revd. Daniel Simon was taken into consideration; and Thereupon,
The Committee to whom was referred the Memorial of Daniel Simon, Report,
That the Memorialist appears to be a well disposed person, and has for several years past been employed as a School Master and Preacher among the Indians, who are now driven from their settlements by the enemies of the United States, that he may still be usefully employed as an Instructor to them, but that it will not be expedient to employ him in a Military character, or support him at the expence of the United States.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, V, folio 335.]
Ordered, That the memorialist be informed, that although Congress entertain a good opinion of him, they do not find it expedient to employ him in a military character or to support him at the expence of the United States.
A letter, of 15 May, from Jonn. Williams;2 and
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XXIV, folio 307.]
One, of 11 July, from John Benfield; were read.
A motion was made by Mr. [John] Mathews, seconded by Mr. [James Mitchell] Varnum:
Whereas the horrid and unprovoked acts of cruelty lately committed by the British Commanders in America, by burning defenceless towns, and most inhumanly butchering the inhabitants, contrary to all laws divine and human, which said acts of Barbarity call loudly for just retaliation;
Therefore resolved, and it is hereby declared to be the firm and unalterable determination of Congress, that should any such further acts of inhumanity be perpetrated by the British armies, within these United States, or other persons employed by them. Orders will be immediately given to the officers commanding our troops to put to death all persons found in arms against these United [States] without discrimination.
And we do further declare, that we shall conceive ourselves to be fully justified by the laws of self defence and sound policy, to employ
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persons to reduce to ashes the towns of Great Britain, as a just retaliation for the wanton acts of cruelty committed by the enemy, and a duty we owe our constituents.1
[Note 1: 1 This motion, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 20, I, folio 277.
The following motion, without date, in the writing of Theodorick Bland, except the portion in brackets, which is in that of Thomas McKean, is on folio 280:
Whereas, &c. The War and Marine Departments all officers naval and military acting under the orders and commission of Congress [the Commander in Chief of the Armies of the U. S. of America and the commanding officers of separate departments] are hereby strictly charged and commanded to do their utmost fully to retaliate on the British Enemy for all acts of cruelty and devastation committed by them or their commanders, officers &c. against the citizens or towns of these U. States contrary to the laws of war amongst civilized nations.]
Ordered, That the same, together with a copy of Governor Trumbull's letter ofto the Commander in Chief, giving an account of the burning of New London, and that part of General Greene's letter relative to the burning of Georgetown by the enemy, be referred to a committee of three:2
[Note 2: 2 Trumbull's letter to Washington, dated September 13. 1781, is in the Washington Papers, 52, folio 125; a copy is in the Papers of the Continental Congress, No. 20, I, folio 281.]
The members, Mr. [Elias] Boudinot, Mr. [James Mitchell] Varnum, Mr. [John] Mathews.
On motion of Mr. [William] Sharpe,
Resolved, That the governor and council of the State of North Carolina be desired to erect a monument, at the expence of the United States, not exceeding the value of five hundred dollars, to the memory of the late Brigadier General Davidson, who commanded the militia of the district of Salisbury, in the State of North Carolina, and was killed on the first day of February last, fighting gallantly in the defence of the liberty and independence of these states.
On motion of Mr. [George] Walton, seconded by Mr. [Edward] Telfair,
Resolved, That the legislature of the State of Georgia be desired to erect a monument, at Sunsbury, in the said State, at the expence of the United States, not exceeding five hundred dollars, to the memory of the late Brigadier General
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Screven, who fell, covered with wounds, fighting for the liberties of the United States.
The report of the Board of War respecting the hospital department was taken into consideration; and Thereupon,
At a Board of War September 17th 1781.
Present Mr Peters
Mr Cornell
The Board do themselves the honor to report to Congress on the medical department, and beg leave to observe that they have taken every measure in their power to procure the necessary information to enable them to do justice to the United States as well as individuals.
The Board are the more induced to recommend the appointment of those Gentlemen to the Southward as it appears to them absolutely necessary they should be with the army immediately and could they possibly be spared from this quarter a considerable sum of money must be advanced to defray their travelling Expences which it is to be feared would cause a considerable delay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 259.]
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Resolved, That the present vacancies of hospital physicians and surgeons be filled up by the senior surgeons of the hospital lately deranged, the eldest hospital mates or regimental surgeons, as shall be recommended by the director and chief physician and surgeon to the army:
That all future vacancies of hospital physicians and surgeons be filled by the eldest regimental surgeons and hospital mates, who shall be reckoned of equal grades, who shall upon examination be found qualified and obtain a certificate of recommendation from the director and chief physician and surgeon of the army, or of the deputy-director and chief physician in a seperate department:
That the persons requisite to fill the higher grades in the hospital and medical departments, be appointed, from time to time, by Congress, according to merit and abilities:
That the states shall nominate regimental surgeons to the regiments of their respective lines, who shall be examined by the director and chief physician and surgeon to the army and one of the chief hospital physician or of the deputy director and of the chief Physician in a separate department, and upon their certificates of approbation shall receive the appointment.
That all surgeons to regiments or corps not belonging to the line of any particular State, be nominated by the director of the hospitals, and the chief physician and surgeon of the army, subject to the approbation of the Commander in Chief, and shall be equally entitled to promotion to hospital physicians and surgeons with the regimental surgeons of state lines.1
[Note 1: 1 A copy of this report of the Board of General Officers, referred to, in the Board of War report, as No. 2, is in the Papers of the Continental Congress, No. 148, II, folio 269.]
On recommendation of the director approved by the Board of War:
Resolved, That Dr. Joseph Young, a deranged senior surgeon, and doctors Goodwin Wilson, Daniel Jenifer, Samuel
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Edmondson and George Campbell, eldest surgeon's-mates, be promoted to the rank of hospital physicians and surgeons, to fill the vacancies occasioned by the resignations of doctors Bloomfield, Scott, Hagan and Jackson, and the promotion of Dr. Burnet.
On the recommendation of the deputy director, approved by the Board of War:
Resolved, That doctors Thomas Tudor Tucker, and Vickars, be appointed physicians and surgeons in the hospital for the southern department:
That Daniel Smith be appointed assistant deputy purveyor, and John Carne assistant deputy apothecary, in the southern department.1
[Note 1: 1 A copy of the recommendation of the director (John Cochran) dated June 4, 1781, is in the Papers of the Continental Congress, No. 148, II, folio 273; a copy of the recommendation of the deputy director (David Olyphant) is on folio 263.]
A report of the committee of the week was read; Whereupon,
Ordered, That a memorial of William Plumb be referred to the Board of War.2
[Note 2: 2 This memorial, dated September 18, 1781, is in the Papers of the Continental Congress, No. 41, VIII, folio 152.]
The committee to whom was referred the letter, of 26 July, from John Wereat, delivered in a report.
The Committee to whom was referred the letter of John Wereat Esq. continental agent for the state of Georgia, Report that in the month of April in the year 1778 three British vessels were captured in a certain harbour in said State of Georgia by the Continental gallies and troops under the command of Colonels Elbert and White and that said prizes were libelled and condemned at the suit and under the agency of the said John Wereat Esq. who was ordered to sell the same and distribute the money arising by the sale according to the resolutions of Congress in such cases made and provided; that on the 19th Day of May 1778 being the day appointed for the sale of said prizes the said Colonels Elbert and White and Richard Howly
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Esq. appeared and wholly obstructed forbid the sale which was accordingly stopped, alledging that the captors had appointed agents who had a right to act, and that Mr Wereat had no right to act for them without their consent. And afterwards (as is alledged by said Richard Howly Esq.) prevailed with the court of said state of Georgia to alter their decree in part viz. so far as to make the money arising by said sale payable to said Colonel Elbert and Joseph Clay, being agents for the captors, and not to the aforesaid continental agent. Complaint of this was made by said John Wereat Esq. and Congress on the 29th. day of July 1778, referred the whole dispute to the Governor and Council of said state of Georgia, to enquire into the same and report to Congress, which state being invaded by the enemy no report has been yet made. In the mean time viz. on the 18th. of July 1778 another decree was made by the court of said state of Georgia ordering said continental agent to take the brig Hinchinbrook (one of said prizes) for the use of the Continent and to pay the captors £10,000 current money of the said state of Georgia for the same. This decree the said Continental Agent refused to comply with and appealed therefrom to Congress which appeal is still pending.
Wherefore said Committee report that the said continental agent be directed to prosecute said appeal to final judgment as soon as may be. And that he represent the whole of this dispute to the Governor and Council of the state of Georgia for their consideration agreeable to said resolution of Congress of the 29th of July 1778, as soon as the circumstances of said case will permit.
Which is submitted.
Samuel Livermore for Comtee.1
[Note 1: 1 This report, in the writing of Samuel Livermore, is in the Papers of the Continental Congress, No. 19, VI, folio 529. The indorsement says: "Passed in the negative."]
Resolved, That the Board of War be authorized and directed to establish the speediest mode of conveying intelligence from and to the Grand Army, as well by land as by water.2
[Note 2: 2 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 36, I, folio 219. It was negatived as the indorsement shows.]
Adjourned to 10 o'Clock to Morrow.
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