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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 --MONDAY, OCTOBER 1, 1781
A letter, of this day, from Mr. [William] Sharpe, was read; Whereupon,2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XXI, folio 133.]
Ordered, That the sum of three hundred and fifty dollars be advanced to Mr. W[illiam] Sharpe, delegate for the State of North Carolina, and charged to the said State.
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A letter, of 28 September, from the superintendant of finance, was read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 137, I, folio 173.]
Ordered, That it be referred to a committee of three:
The members, Mr. [George] Clymer, Mr. [Samuel] Osgood, Mr.[John] Hanson.
A letter, of 23 September, from General Washington; and
One, of 27 September, from Major General Heath; were read.2
[Note 2: 2 Washington's letter is in the Papers of the Continental Congress, No. 152, X, folio 253; Heath's is in No. 157, folio 306.]
A letter, of 17 September, from R. R. Livingston, was read, accepting the office of Secretary for Foreign Affairs.
A letter, of 29 September, from Francisco Rendon; and
One, of 31 July, from O. Pollock; were read.3
[Note 3: 3 Rendon's letter is in the Papers of the Continental Congress, No. 78, XIX, folio 391; Pollock's is in No. 50, folio 265.]
The committee of the week was elected:
Mr. [Jonathan] Elmer, Mr. [Arthur] Middleton, Mr. N[oble] W[imberly] Jones.
The committee to whom was re-committed part of their report respecting Major Nicholas' memorial; and
The committee to whom was referred that part of the report respecting Major Nicholas's memorial. Report
That Major Nicholas in Novemr 1775 entered in to the service of these United States in the capacity of a Capt of Marines, in the Fleet commanded by Commodore Hopkins and was on board his Ship as the oldest Officer of Marines. In June 1776 he was sent by the Commodore with dispatches to Congress when he had a Majority conferred on him, and directed by the Marine Committee not to return to the Fleet, it being necessary for him to remain in Philadelphia to discipline the marines then raising for the Frigates on the stocks. In December following he was ordered to march with three companies of marines to the Jerseys to be under His Excellency the Commander in Chief, and continued in the field until the men's time of enlistment expired. Since that time Major Nicholas has not had any command
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equal to his rank, but has ever since as the service required been called upon by the Marine Committee and Board of Admiralty whose orders as well verbal as written he has constantly executed and received pay till the month of July 1780 and not any since.
From the state of the foregoing facts it is the opinion of your Committee, That the Paymaster to the Navy Board be directed to settle Major Nicholas' account to the 25th of August last and pay the balance that may be due to him.1
[Note 1: 1 This report, in the writing of Daniel of St. Thomas Jenifer, is in the Papers of the Continental Congress, No. 19, IV, folio 533.]
The committee to whom were referred the several papers concerning retaliation; delivered in their several reports.
The Committee to whom was referred the several papers concerning retaliation recommend the following
Manifesto:
The United States in Congress assembled taking into their serious consideration the various scenes of barbarity by which the present war has from its beginning been characterized on the part of the British arms, and the perseverance of the British Commanders in carrying into execution the sanguinary and vindictive denunciations of the Commissioners of their King in their manifesto of -- the day of -- by a redoubled licentiousness in burning our towns and villages, desolating our Country, and sporting with the lives of our captive citizens, notwithstanding the multiplied warnings and the humane example which have been placed before them, and judging it inconsistent with the dignity of the United States with the just expectations of the people thereof, and with the respect due to the benevolent rules by which civilized nations have tempered the severities and evils of war, any longer to suffer these rules to be outrageously violated with impunity, have resolved and do hereby order that the Commander in Chief, and the Commanding officers of separate Departments, cause exemplary retaliation to be executed on the enemy for all acts of cruelty committed by them against the citizens and inhabitants of these States And whereas it is essentially and particularly necessary that the barbarous and savage practice of destroying by fire the towns and villages of these United States, should be restrained fetal by means more immediately within our power, than a specific retaliation
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on the towns and villages belonging to the enemy, and it is even more consonant to the spirit of justice and humanity that such as have made themselves instruments for these incendiary purposes should be the objects of vengeance than the remote and unoffending inhabitants of such towns and villages. The United States in Congress assembled have further Resolved, and do hereby declare, that British officers now prisoners to the American arms, or which may hereafter be made prisoners shall answer with their lives, for every further destruction by fire of any town or village, within any one of the U. States which shall be made by the enemy contrary to the laws of war observed among civilized nations, and the Department of War is hereby ordered to cause all the officers in the service of the King of G. B. now in their custody to be duly secured, and on the first authentic notice of the burning of any town or village in any one of the U. States unauthorized by the laws of war to cause such and so many of the said officers as they shall judge expedient to be put to instant death.
Done at Philadelphia &c. &c.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 19, III, folio 42]. On December 3, 1781, it was referred to the committee appointed to confer with the Commander in Chief, as the indorsement shows.]
On motion of Mr. [Roger] Sherman, seconded by [Mr. James Mitchell] Varnum,
Resolved, That if an officer of the army shall be appointed secretary at war, he shall retain his rank in the army, but his pay and other emoluments as an officer shall be discontinued while he acts as secretary at war.
On motion of Mr. [Roger] Sherman, seconded by Mr. [Daniel] Mowry,
Resolved, That the resolution of the 9th day of February, so far as relates to the salaries of a secretary at war and a secretary of marine, be, and it is hereby repealed; and that the salary of each of those officers be four thousand dollars specie per annum.
Adjourned to 10 o'Clock to Morrow.
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