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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, JUNE 14, 1782
The committee, consisting of Mr. [Ezekiel] Cornell, Mr. [Samuel] Osgood, and Mr. [Theodorick] Bland, to whom was referred a memorial of Dr. N. Noel, claiming to have been in the service of the United States until the first of October, 1780, and soliciting pay, report,
"That upon duly considering the said memorial and the resolutions of the 13th of October, the 7 and 14 November, 1777, they are of opinion, that if nothing further appeared to operate against the claim of the memorialist than what is contained in the said resolutions, he is precluded from any demands against the United States. But when the committee consider that the memorialist, upon receipt of the sums specified in the resolutions of October and November above-mentioned, considering himself no longer in the service of the United States by virtue of his commission of surgeon, dated September, 1777, on which he grounds his claim, immediately repaired to Boston and accepted an appointmentmanny
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in the navy, and obtained a warrant dated 1 January, 1778, and when they consider farther that whatever might have been his intention, the memorialist's acceptance of the latter appointment, did by virtue of the resolution of 18 September, 1776, vacate the former commission and appointment, the committee are clearly of opinion, that the memorial of Dr. Noel ought to be dismissed."1
[Note 1: 1 This report. in the writing of a clerk, is in the Papers of the, Continental Congress, No. 19, IV, folio 513.]
The report being read:
Resolved, That Congress agree to the said report.
On the report of a committee, consisting of Mr. [John Morin] Scott, Mr. [Elias] Boudinot, and Mr. [David] Ramsay, to whom was referred a letter of 6 June, from General Washington, with sundry papers relative to his proceedings in consequence of the resolution of the legislature of South Carolina "instructing their delegates to apply to Congress to obtain flags from the commander in chief of the British army for the inhabitants of that State, particularly the women and children who have been sent from that State, to return with their baggage to the State or as near to it as possible, and that the flags be at the enemy's expence"of the 14th of February, 1782, which was referred to him on the 3d of April last, Congress came to the following resolution:
Whereas British officers, commanding in South Carolina, compelled many of the inhabitants thereof to leave that State at their own expence who by the capitulation of Charlestown had a right to remain at their homes; and whereas, it is just and reasonable, agreeably to the usages of war among civilized nations, that persons so sent off should be returned with their servants and baggage at the expence of the King of Great Britain power so sending them off; and whereas, on the requisition of General Washington, in consequence of a resolution of the legislature of the State of South Carolina referred to him by Congress, Sir Guy
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Carleton has agreed to furnish passports transports and flags at the expence of the King of Great Britain, for the conveyance of the said inhabitants to any port General Washington may be pleased to point out; therefore,
Resolved, That the delegates of South Carolina be authorized to furnish the Secretary at War with the names of such of the aforesaid person, who chuse to be reconveyed by water with their servants and baggage to any of the Southern ports in or near the State of South Carolina, and that the Secretary at War do transmit the list of such persons to the Commander-in Chief who is hereby instructed to take order that the said measure may be carried into execution.
That General Washington's letter be referred to the Delegates of South Carolina, and that they be desired to send to the General the names of the persons of their country who chuse the manner of conveyance referred to in it and to point out the ports most convenient for their landing in order to carry them to their homes or to their friends.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, except the last two paragraphs, which are in John Witherspoon's writing, is in the Papers of the Continental Congress, No. 19, VI, folios 393 and 397.]
Resolved, That the Secretary at War be directed to obtain lists of the names of the persons referred to in the resolution the assembly of South Carolina, and of the ports to which they choose to be conveyed, and transmit the same to the Commander in Chief.1
The Committee to whom Genl. Washington's letter of the was referred, do report the following resolutions:
Whereas many of the inhabitants of the State of South Carolina have been sent out of the said State by the enemy, to divers distant parts of these States, in direct breach of the capitulation of Charles Town, whereby they are justly entitled, agreeably to the rules of War, among civilized Nations, to be returned with their baggage to the said State, by convenient water carriage at the expence of the of Great Britain; And whereas on the application of his Excellency General Washington, the British Commander in Chief at New York hath agreed to make proper provision for this purpose at the said King's Expence--
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Therefore, Resolved, That General Washington take order for procuring from the British General the necessary passports, and the proper means of re-conveying back to the State of South Carolina, by water carriage at the expence of the King of Great Britain, the persons, families and baggage of those of the inhabitants of the said State who are entitled to the benefit of the capitulation of Charles Town and who have been sent from that State to other distant parts of these States by order of the Commanding Officer of the British Troops in Charles Town;
Resolved, That the Secretary of War do transmit to General Washington the names of all such persons as are mentioned in the foregoing resolution, who are desirous of taking advantage of the provision therein mentioned.1
[Note 1: 1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 19, VI, 395. It is undated, but is filed with the report that was passed. See pp. 330 and 331.]
The Committee [Mr. John Lowell, Mr. Samuel Wharton and Mr. Abraham Clark] to whom was referred the Salaries for Foreign Ministers recommend the following Resolutions vidt.
That the Minister Plenipotentiary from the U. S. at the Court of Versailles, be allowed from and after the first day of January next, in full for his Salary, Household and all other expences whatsoever, at the rate of eight thousand Spanish Milled Dollars per annum, and that the Secretary of the Embassy, and the private Secretary of the Minister Plenipotentiary be included within his Household.
That the Salary of the Secretary of the embassy and Chargé des affaires at the Court of Versailles be from and after his arrival at the said Court at the Rate of twelve hundred Spanish Milled Dollars per annum.
That the Salary of the private Secretary of the Minister Plenipotentiary at the Court of Versailles, be from and after the first January next, at the rate of five hundred Spanish Milled Dollars per annum.
That the Respective Ministers Plenipotentiary from the United States at the Courts of Madrid and the Hague be allowed from and after the first day of January next, in full for their several Salarys, Household and all other expences whatsoever at the rate of seven thousand Spanish Milled dollars each per annum, and that the private Secretary of each of the said Ministers Plenipotentiary be included within their respective Households.
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That the Ministers Plenipotentiary at the said Courts of Madrid and the Hague, be each of them authorised to appoint a private Secretary, with a salary at the rate of five hundred Spanish Milled Dollars per annum.
That the Minister Plenipotentiary for negotiating a peace prior to the commencement of such negotiation be allowed in full for his Salary, Household and all other expences whatsoever, at the rate of four thousand five hundred Spanish milled Dollars per annum, unless the said Minister Plenipotentiary receive at the same time, or be entitled to receive, from the United States, the salary, Household and other expences of a Minister Plenipotentiary at any Court.
That the said Minister Plenipotentiary be allowed from and after such Negotiation for Peace is opened and begun at the rate of fifteen twenty five hundred Spanish Milled Dollars per annum over and above four thousand and five hundred Dollars mentioned and provided in the last article and under the provision therein made made, provided that in case the Minister Plenipotentiary for negotiating a peace shall at any time be a Minister Plenipotentiary to either of the Courts aforesaid, he shall be entitled to receive only the salary and other emoluments annexed to his character of Minister Plenipotentiary to his proper Court.
That the Minister at Petersburgh be allowed prior to his acknowledgment in that character, from and after the first day of January next, at the rate of three thousand five hundred Spanish Milled Dollars per annum in full for his salary, Household and all other expences whatsoever, and that the said Minister be allowed subsequent to his said acknowledgment at the rate of three five thousand five hundred Spanish milled dollars per annum.1
[Note 1: 1 This report, in the writing of Samuel Wharton, is in the Papers of the Continental Congress, No. 25, II, folio 106. According to the indorsement, it was read on this day.
On this day, according to the indorsement, was read a letter of June 7 from the Governor of Connecticut enclosing a copy of an Act passed by that State, empowering the United States in Congress assembled to levy certain duties in the State and appropriate the same. They axe in No. 66, II, folios 236 and 240.
On this day, according to Committee Book No. 186, a committee was appointed "to devise and report ways and means to prevent an illicit trade with the enemy." The committee consisted of Mr. [Samuel] Osgood, Mr. [David] Howell, Mr. [Benjamin] Huntington, Mr. [John Morin] Scott, Mr. [Abraham] Clark, Mr. [Thomas] Smith, Mr. [Samuel] Wharton, Mr. [Turbett] Wright, Mr. [James] Madison, Mr. [Ralph] Izard, and Mr. [Noble Wimberly] Jones. On June 17, this committee was "discharged on a motion of Mr. Madison and the business referred to a committee of five"--Mr. [James] Madison, Mr. [John] Lowell, Mr. [John Morin] Scott, Mr, [Samuel] Wharton, and Mr. [John] Witherspoon. See post June 21.]
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