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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 --FRIDAY, NOVEMBER 16, 1781
Mr. [Oliver] Wolcott, a delegate for Connecticut, attended, and took his seat.
On a report from the Board of War, to whom was referred a motion of Mr. [James Mitchell] Varnum,
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War Office November 15th. 1781.
Sir,
The Board have Considered the motion referred to them by Congress on the 19th of October last and beg leave to observe that it appears to them that the present mode of drawing warrants for the pay of the Army is pregnant with many and great evils and if continued will finally so derange and confuse the army accounts in the Paymaster General's office as to render a settlement almost impracticable if not impossible. We therefore submit the following resolution:
Resolved, That in future no warrant issue in favour of officers or soldiers in actual service, for pay or subsistance, but by the Commander in Chief, or the commanding officer of a seperate army.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 439.]
A motion was made by Mr. [Arthur] Middleton, seconded by Mr. [Thomas] Bee,
That General Washington be directed to extend his attention to the farther relief of the southern states, and that he either lead thither such part of the main army, as he may think expedient, or if he should judge his presence there unnecessary, that he detach such additional reinforcements to General Greene, with cannon, artillery, and stores requisite, as may enable him to act offensively, and with such vigour as to afford a prospect of conquest in that quarter, or at least of expelling the enemy from thence during the ensuing winter, whilst northern operations are impracticable.2
[Note 2: 2 This motion, in the writing of Arthur Middleton, is in the Papers of the Continental Congress, No. 36, I, folio 231.]
On the question to agree to this, the yeas and nays being required by Mr. [Arthur] Middleton,
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So it passed in the negative.
A motion was made by Mr. [James Mitchell] Varnum, seconded by Mr. [George] Partridge,
That it be resolved, that the resolution of 25 of May last, establishing a general rule of promotion, precludes the United States in Congress assembled, from promoting any officer, on account of extraordinary merit or eminent services, contrary to the rule of succession therein mentioned.
And on the question to agree to this, the yeas and nays being required by Mr. [James Mitchell] Varnum,
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So it passed in the negative.
The report of a committee, consisting of Mr. [James Mitchell] Varnum, Mr. [Joseph] Montgomery and Mr. [James] Lovell, to whom was referred the letter of 31 October last, from General Washington, with letters from Brigadier General du Portail, was taken into consideration, and on the first proposition, that in consideration of the eminent services of Brigadier General Knox, commanding officer of the artillery of the United States, and particularly of his meritorious conduct in the siege of York, in the State of Virginia; he be promoted to the rank of major general:
The previous question was moved by the states of South Carolina and Georgia; and the yeas and nays required thereon,
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So it passed in the negative.
On the question to agree to the main question, the yeas and nays being required by Mr. [James] Lovell,
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So the question was lost.
On a farther consideration of the report:
Resolved, That Brigadier General du Portail, commanding officer of the corps of engineers, in consideration of his meritorious services, and particularly of his distinguished conduct in the siege of York, in the State of Virginia, be, and he is hereby promoted to the rank of major general.
Resolved, That Lieutenant Colonel Gouvion, of the corps of engineers, receive the brevet of colonel.
Resolved, That Captain Rochefontaine, of the corps of engineers, receive the brevet of major.
Resolved, That Major General du Portail and Colonel Gouvion have leave of absence from the United States for the space of six months.1
[Note 1: 1 This report, in the writing of James Mitchell Varnum, is in the Papers of Continental Congress, No. 19, VI, folio 369.]
On motion of Mr. [James Mitchell] Varnum, seconded by Mr. [Thomas] Bee,
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Resolved, That the Board of War arrange the officers of the South Carolina and Georgia lines, agreeably to the establishment of the army, adopted on the 3d day of October, 1780, and in such manner as the lines of other states have been arranged.
At a Board of War November 15th 1781.
Present Mr Peters
General Cornell
The Board have considered the memorial of the deranged Pennsylvania officers referred to them by Congress. Notwithstanding the arguments made use of by those gentlemen we cannot be convinced that considering the inadequate means Congress have to carry on the War it is practicable to pay any but those in actual service at this time and even these but very partially. We conceive that there is a wide distinction between gentlemen liberated from service and those liable to be called on duty at a moment's warning. The former have it in their power to pursue their private business but the latter depend entirely on the appointments they expect from the public. If the State of Pennsylvania have made a law subjecting their deranged officers to be called into service as a condition on which they are to receive their half pay or on any other terms we do not conceive it can possibly be executed so as to entitle them to be placed again in the line of the federal army. This would be contrary to the letter and spirit of the resolutions of Congress and would tend to convulse the whole Army. The monies paid to the officers of the Pennsylvania Line were drawn for agreeable to resolution of the 28th February 1781, calling for part of the four tenths to pay the lines of the respective States. The deranged officers not being in the Lines no warrants could be granted to them, tho' the pay is certainly due to them, and if Congress can fall upon ways and means to satisfy the deranged officers of every State, we shall be happy to put in execution any directions they may give us. But to pay those of one State and not the rest will be introductory of so much complaint, that we cannot recommend a compliance with the desire of the memorialists, tho' we have the best opinion of their personal merits.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 445. It is indorsed November 16 and was presumably read this day.
On October 27 the Senate and House of Representatives of Massachusetts passed resolutions instructing the Delegates in Congress for Massachusetts to use their influence in order that instructions be sent to the ministers appointed to negotiate a peace to insist upon the exercise of the right of Massachusetts to the fisheries. This instruction was probably presented to Congress November 17 and referred to a committee comprised of Mr. [James] Lovell, Mr. [Daniel] Carroll and Mr. [James] Madison. It is indorsed: "Mr. Lovell, Mr. Carroll, Mr. Madison, November 17, 1781." It is in the Papers of the Continental Congress, No. 74, folio 189.]
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