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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 8, 1781
A letter, of 3, from Major General Heath; and
One, of 2, from W. C. Houston;1 and
[Note 1: 1 Heath's letter is in the Papers of the Continental Congress, No. 157, folio 316; Houston's is in No. 78, XII, folio 183.]
One, offrom Mr. Dumas, were read.
On motion of Mr. [John] Mathews, seconded by Mr. [Roger] Sherman,
Ordered, That a committee of three be appointed to take order respecting the safe keeping of the papers in the several offices of the treasury, until the officers elected under the new arrangement shall have qualified and entered on the duties of their office: the members, Mr. [Roger] Sherman, Mr. [Samuel] Osgood, Mr. [John] Mathews.
The committee of the week was elected:
Mr. J[oseph] Jones, Mr. [Benjamin] Hawkins, Mr. [Roger] Sherman.
Ordered, That the papers relative to the brigantine Neptune, said to have been sunk in the harbour of Charlestown for the defence thereof, be referred to the superintendant of finance.
A report from the Board of War was read, on the memorial of Nathaniel Mitchel, late a major in one of the 16 battalions, which by the act of 3 October, 1780, were reduced on the 1st of January last; and,
At a Board of War Oct. 6. 1781.
Present Mr Peters
General Cornell
The Board have considered the memorial of Major Mitchell referred to them by Congress. As his Case is attended with several singular circumstances, they beg leave to state the facts, lest any previous steps being taken should establish a precedent contrary to the intentions of Congress.
This Gentleman was a Major of one of the 16 battalions commanded by Col. Grayson. In the Spring, 1779, this Regiment was consolidated
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into another of the sixteen commanded by Col. Gist, which still continued an additional Regiment, unconnected with the Line of any particular State The Regiment was captured at the fall of Charlestown at which time the memorialist was in Virginia, and some part of the time since he has served as a Brigade Major and Inspector to General Muhlenburg, and considered himself in service in consequence of his original appointment, until the 10th day of May 1781 when 'he was taken prisoner at Richmond and signed his Parole as Major, notwithstanding the Resolution of Congress of the 3rd of October 1780. to which we beg leave to refer Congress.
This being the State of facts we do not think ourselves justifiable in requesting a warrant in favor of the memorialist, as it appears by the before recited resolution that he was out of service on the first day of January 1781. Yet as he pleads he was unacquainted with the said resolution, and continued in service contrary to his inclination it seems hard he should receive no pay for his services. Neither in the opinion of the Board will the difficulty end here. They conceive the enemy will demand his Exchange as a Major in Continental Service in consequence of his parole, when it appears by the aforesaid resolution that he was a Citizen at the time of his Capture.
Should Congress be of opinion from the foregoing state of facts, that the memorialist from his particular situation is entitled to pay since the 1st day of January 1781, it may be proper to resolve,
That a warrant issue upon the Paymaster General in favor of Nathaniel Mitchell Esq. for two months' pay and subsistence on account of his services while doing the duty of Brigade Major and Inspector to General Muhlenberg's Brigade in Virginia.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 353.]
On the question, that a warrant issue in his favor for two months' pay on account of service performed since the 1st of January, the votes being taken, it passed in the negative.
A letter, from Robert Stark, detained a prisoner in Charlestown, was read; Whereupon,
On motion of Mr. [Nicholas] Eveleigh, seconded by Mr. [Theodorick] Bland,
Ordered, That Major General Greene enquire of the British commanding officer in South Carolina, the reasons why Mr. Robert Stark has been excluded from the benefits of exchange,
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to which every American citizen as well as soldier, prisoner of war in the southern district, was entitled by the general cartel agreed on between the two commanders of that district. And if the commanding officer shall not make any answer to his requisition within a reasonable time, or shall allege such reasons as shall appear to be unfounded or unsatisfactory, that Major General Greene take the necessary measures for retaliation.
immediately to order a British officer to be kept in strict confinement and to be treated in every respect as far as circumstances will allow in the same manner in which Mr. Robert Stark shall be treated.1
[Note 1: 1 This motion, in the writing of Nicholas Eveleigh, is in the Papers of the Continental Congress, No. 36, I, folio 221.]
A report from the committee of the week was read; Whereupon,
The Committee of the Week Report,
That the Letter of Colo. O'Neill on the subject of his pay and depreciation, and the letter of Capt. Jacob Schreiber requesting his arrears of pay, be referred to the Board of War:
That the Memorial of Josiah Powell respecting the payment of money due on Loan Office Certificates be referred to the Superintendant of Finance,
That the Letter of Geo: Melven, respecting the settlement of his accounts be referred to the Comptroller of Accounts.
That the Letter signed "Jacob Johnson, Preacher of the Gospel at Wyoming" soliciting some support for himself and family be referred to the Board of War.
And that the memorial of James Hopkins praying Congress to grant him a premium for inventing a machine to cut wire for cotton and wool cards with the Certificates enclosed be referred to a special Committee.2
[Note 2: 2 This report, in the writing of Jonathan Elmer, is in the Papers of the Continental Congress, No. 32, folio 265.]
Ordered, That a letter of Mr. O'Neill be referred to the Board of War;
That a memorial of Josiah Powell be referred to the superintendant of finance;
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That a petition of Jacob Schreiber be referred to the Board of War;1
[Note 1: 1 O'Neill's letter is in the Papers of the Continental Congress, No. 78, XVII, folio 345; Schreiber's petition, dated October 4, 1781, is in No. 42, VII, folio 131.]
That a letter of George Melven be referred to the comptroller; and
That a memorial of James Hopkins be referred to a committee of three:
The members, Mr. [George] Clymer, Mr. [Abraham] Clark, Mr. [Daniel] Carroll.
Ordered, That two members be added to the committee on the report of the Board of Treasury on the memorial of Alexander Heguy, in the room of Mr. [William] Sharpe and Mr. [George] Walton, who are absent:
The members, Mr. Edward] Telfair, Mr. [Benjamin]. Hawkins.
The committee to whom was referred the letter, of 28 September, from the superintendant of finance, delivered in a report.
Your Committee to whom was referred the letter of the 28th. of September from the Superintendant of Finance beg leave to submit the following Resolutions
Resolved, That the Certificates to be given in Consequence of the Resolution of the third of July last for Bills drawn by Gentl Lincoln be dated on the first Day of the present Month and bear six per cent interest. That the said Bills be considered as due at forty Days from the Day of their respective Dates. That Interest be calculated at Six per Cent on the real Value of the said Bills from the Period when due as aforesaid untill the said first Day of October. And that the same be added to the principal sum due and be together included in one Principal Sum in the said Certificates.
Resolved, That the Bill drawn on the third of September last by Genl Lincoln in favor of John Owen be considered as due on the nineteenth Day of April last being forty Days from the Date of the last Charge in the Account of the said John Owen on which the said Bill is founded.2
[Note 2: 2 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 19, IV, folio 335.]
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Mr. Jefferson having declined the appointment, a motion was made by Mr. [John] Mathews, seconded by [Mr. Edmund] Randolph,
That Thursday next be assigned for electing a minister plenipotentiary to negotiate &c. in the room of Mr. Jefferson, who has declined the appointment, and on the question, the yeas and nays being required by Mr. [John] Mathews,1
[Note 1: 1 This motion and the vote upon it were entered only in the More Secret Journal.]
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So the question was lost.
Adjourned to 10 o'Clock on Wednesday.
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