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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 --TUESDAY, OCTOBER 16, 1781
A letter, of 3 September, from Major General Greene, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 155, II, folio 302.]
Ordered, That it be referred to the Board of War to take order.
On motion of Mr. [Thomas] Bee, seconded by Mr. [Isaac] Motte:
Ordered, That Thursday next be assigned for electing a deputy purveyor for the military hospital, in the room of Doct Brownson, who is elected governor of Georgia.
A letter, of 6, from General Washington;
A letter, of 1 September, from Major General Greene, was read, enclosing a copy of a letter to Colonel Campbell and Commission to sundry persons to negotiate a treaty with the Cherokee and Chicasaw Indians:3
[Note 3: 3 Washington's letter is in the Papers of the Continental Congress, No. 152, X, folio 261; Greene's is in No. 155, II, folio 255.]
Ordered, That it be referred to a committee of three:
The members, Mr. [John] Hanson, Mr. [James Mitchell] Varnum, Mr. [George] Clymer.
One, of 2d September, and one, of 18 same month, from General Greene, with sundry papers enclosed relative to the execution of Colonel Haynes and the conduct of the enemy with regard to prisoners:
Ordered, That these be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [Arthur] Middleton, Mr. [Samuel John] Atlee.
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A letter of the 5th September, from General Greene, with a report from Brigadier General Marion, of his successful enterprize against the enemy, and,
A letter, of the 11th, from the same, giving an account of the victory gained over the enemy at the Eutaw Springs, the 8th of the said month, were read.1
[Note 1: 1 The letter of September 2d is in the Papers of the Continental Congress, No. 155, II, folio 267; that of September 18th is on folio 333; that of September 5th is on folio 305; that of September 11th is on folio 317.]
Ordered, That these be referred to the Committee of Intelligence.
A report of the committee of the week was read; Whereupon,
The Committee of the Week,
Report,
A Petition of Lieut. Pepin, a Canadian, late of Colo. Livingston's Regt., praying a Liquidation and settlement of his accts. &ca., Recommend,
Ordered, That a petition of Lieutenant Pepin, together with his accounts, be referred to the comptroller for settlement, in the same manner as ordered for the officers of Colonel Hazen's regiment.
That a petition of Captain McConnell be referred to the Board of Wary.2
[Note 2: 2 This report, in the writing of Daniel Mowry, is in the Papers of the Continental Congress, No. 32, folio 271; McConnell's petition is in No. 42, V, folio 269.]
A report from the Board of War was read; Whereupon,
War Office October 15th 1781.
Sir,
The Board in their consideration of the letter from Captain George Turner late Commissary of Prisoners for the Southern Army omitted to take notice of that Gentleman's representation relative to the injury he supposed to be done to his Character as it was presumed by the Board that a settlement of his accounts should most properly precede any farther measures. But as the situation of the Treasury arrangement has been such as to detain Captain Turner in Philadelphia
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at a heavy expense and he is anxious to have an explanation of the former resolve we are induced at his pressing instance to submit the following report to the determination of Congress:
Resolved, That the reasons inducing Congress to supersede by their order of the 5th August, 1780, Captain George Turner from his office of commissary of prisoners, did not proceed from any mal-practice or dishonorable procedure of Captain Turner in his said office, but from motives not affecting his integrity or capacity.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 397.]
The delegates of Virginia representing to Congress, that the committee to whom were re-committed the territorial cessions of Virginia, New York and Connecticut, with a memorial signed J. Wilson, by order of the United Ilionois and Wabash companies, and the memorial of William Trent, in behalf of himself and other members of the Indiana company, had given them notice that they should, on Saturday last, confer with the agents of the said companies, on the subject of their several memorials; that the said delegates conceiving that no claim ought to be received from the said companies adverse to the cessions of Virginia, or any other State, because if the lands to which pretensions made by those companies lie within the limits of such State, by its authority alone can the merits of their claims be enforced, because the jurisdiction of Congress in territorial questions, being confined to an adjustment of the confronting claims of different states, if the lands claimed by those companies lie without the limits of Virginia, or any of the other states, Congress are interdicted by the Confederation from the cognizance of such claims, and because it derogates from the sovereignty of a State to be drawn into contest by an individual, or company of individuals, and therefore that it was not the intention of Congress to authorise the committee to confer with the said agents in such manner as to receive from
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them claims adverse to the cessions of any of the states abovementioned; the said delegates did request the committee to forbear such conference until the sense of Congress on the subject should be known, and proposing that the question be now taken:
Whether it was the intention of Congress to authorise the committee to receive claims, and hear evidence in behalf of the said companies, adverse to the claims or cessions of Virginia, New York or Connecticut:1
[Note 1: 1 This motion, in the writing of James Madison, is in the Papers of the Continental Congress, No. 36, I, folio 223.]
The previous question was moved by the State of Rhode Island, &c., and seconded by the State of Maryland; and on the question to agree to the previous question,
The yeas and nays being required by Mr. [Edmund] Randolph,
{table}
So the previous question was lost and the main question lay open for debate.
Adjourned to 10 o'Clock to Morrow.
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