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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 21, 1782
On the report of a committee, consisting of Mr. [James] Madison, Mr. [John] Lowell, Mr. [John Morin] Scott, Mr. [Samuel] Wharton, and Mr. [John] Witherspoon, to whom was re-committed their report on a motion of Mr. [James] Madison, Congress passed the following act:
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Whereas the enemy, having renounced the hope of accomplishing their designs against the United States by force alone, are resorting to every expedient which may tend to corrupt the patriotism of their Citizens, or to weaken the foundation of the public credit: and in pursuance of this policy, are encouraging, to the utmost, a clandestine traffic between the inhabitants of this country and those who reside within the garrisons and places therein, now in their possession; and whereas some of the said inhabitants, prompted either by a sordid attachment to gain, or by a secret conspiracy with the enemies of their country, are wickedly engaged in carrying on this illicit traffic, whereby a market is provided for British merchandises, the circulating specie is exported from the United States, the payment of taxes rendered more difficult and burdensome to the people at large, and great discouragement occasioned to honest and lawful commerce:
Resolved, That it be and hereby is recommended to the legislatures of the several states, to adopt the most efficacious measures for suppressing all traffic and illicit intercourse between their respective citizens and the enemy.
Resolved, That the legislatures, or in case of their recess, the executives of the several states, be earnestly requested to impress, by every means in their power, on their respective citizens at large, the baneful consequences which in the opinion of Congress will- result from apprehended by Congress from a continuance of this illicit and infamous traffic, and the necessity of their co-operating with the public measures by such united, patriotic and vigilant exertions as will detect and bring to legal punishment those who shall have been in any manner concerned therein.
Resolved, That in case the Commander-in-chief shall be of the opinion that any disposition can be made of the regular forces under his command which will, without interfering with military objects, aid in suppressing the pernicious traffic aforesaid, he be and hereby
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is authorized and directed to make such disposition, and to distribute the articles which may be captures from the enemy, by the troops detached on such service, in such manner as he shall judge most conducive to the end proposed: provided always that this resolution shall not be so construed as to affect any rule touching captures or the division thereof, contained in an ordinance entitled. An ordinance ascertaining what captures on water shall be lawful.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 24, folio 53.]
On the report of a committee, consisting of Mr. [Theodorick] Bland, Mr. [Samuel] Osgood, and Mr. [David] Ramsay, appointed to confer with the Superintendant of finance and Secretary at War, on the practicability and means of procuring supplies for the southern army by contracts:
The Committee to whom was referred the resolution of Congress of the seventh of May 1782 respecting Contracts for the Southern Army have according to order conferred with the Superintendant of Finance, in which conference they were informed that he had empowered Genl Green by letter of the 19th of December last to form such contracts; but that he had been informed by him and by Col Carrington, that it was impracticable for the following reasons; first that the country near the army was so exhausted, that supplies could not be purchased, or procured there, without coercion; 2dly that the State of the Country is such, that supplies could not be brought from a distance, because of the want of forage and other resources in the space through which they must be conveyed which was from three to four hundred miles; 3dly that were it otherwise practicable, the public credit is so low, that no person would undertake the business in that quarter; and fourthly ff even all these obstacles could be surmounted, the ration would come to so high a price, that no revenue we can expect to draw from the public would be equal to it. As an illustration of this position he observed that the transportation of a ten of flour 400 miles through the most fertile and flourishing parts of the Country, where it could be done with the greatest cheapness, certainty and facility would be at least sixty pounds Pennsylvania money. The Superintendant of Finance farther observed that the monies which have come into his hands, were very short of the objects to which they were to be applied; that much of them had been consumed in cloathing, accoutrements and other objects for
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the general service applying to both armies and to the movements of which during the last campaign by the successes obtained in Virginia had rescued the Southern army from the most imminent danger. He farther observed, that were the forming of contracts for the Southern army practicable he had not the money, and could not enter into any farther engagements without risking a credit which was essential to the public safety. In reply to the observation of your Committee that "if contracts were made in one place, they ought to be made proportionately in other places," the Superintendant of finance observed that supplying by contract was when practicable the most economical and therefore he had been induced to do it; as far as he could. That his not having money to do it every where was no reason why it should not be done where it could and that contracts had been made as far as the funds in his power would permit where such contracts could be formed on economical terms.
On the whole your Committee submit the following resolutions.
Resolved, That the Superintendant of Finance in conjunction with the Secretary at War take such measures for affording supplies to the Southern army, as shall appear to them to be most practicable and effectual.
Resolved, That the Secretary at War institute an immediate enquiry into the reasons which have delayed the arrival of cloathing and other necessaries which have already been provided and sent on to the southern army; and that he take every step in his power to discover the causes of delay, embezzlement, and other circumstances Which have so frequently arrested the supplies for the southern army, and report thereon to Congress.
Ordered, That the Superintendant of finance report to Congress the causes which have prevented the southern army being supplied by contracts.1
[Note 1: 1 This report, in the writing of David Ramsay, is in the Papers of the Continental Congress, No. 21, folio 267--270.]
That the British prisoners of ware in Virginia and Pennsylvania in any of the citizens of these states may be permitted to contract with any citizens of these states British prisoner of wax for the term of six or twelve months' service, on his depositing the sum of in the Bank of North America, and producing a certificate thereof to the
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Commissary General of Prisoners, or one of his Deputies; which said sum shall be again repaid at any time when a certificate under the hand of any Deputy Commissary of prisoners, attesting the safe return of such prisoner of war, shall be produced to the Cashier of the said Bank.
That the Secretary at War, Commissary General of Prisoners, their Assistants or Deputies may and shall permit and suffer all and every prisoner of war now belonging to these United States, upon payment of twenty British French guineas for the use of the said States, or securing the payment thereof within six months with lawful interest, to contract with any person or persons whomsoever, to serve him, her or them for such term, as shall be mutually agreed upon between them, and shall be deemed sufficient to satisfy the said sum of money; and, after such contract and payment, such prisoner of war shall be discharged from his captivity, and may take the oath of Allegiance to, and become a citizen of, any of the said States, that he shall choose.
That when any of the said prisoners of war does not desire to become a citizen of these States, he may and shall be permitted to hire himself, to serve in such mystery or occupation as he understands, to any person or persons, who may be willing to employ him, for any term not exceeding one year; on such person or persons giving a sufficient bond or obligation in the penalty of forty British French guineas, conditioned for the re-delivery of such prisoner of war at the expiration of the time of his servitude to the proper Commissary or Deputy Commissary of prisoners, or for the payment of twenty guineas for such default.1
[Note 1: 1 This motion, in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 28, folio 89. The indorsement shows that it was referred on this day to Mr. [Thomas] McKean, Mr. [Ezekiel] Cornell, Mr. [Abraham] Clark.]
Report of the Committee of the Week [Mr. John Witherspoon, Mr. Henry Wynkoop, Mr. Benjamin Huntington] That the memorial of Chas. Roth late of Count Pulaski's Legion be referred to the Superintendant of Finance Secretary at War.2
[Note 2: 2 This report, in the writing of Henry Wynkoop, is in the Papers of the Continental Congress, No. 32, folio 363. The indorsement states that it was passed this day. Roth's petition, dated June --, 1782, is in No. 41, VIII, folio 320.
On this day, according to the indorsement, a letter from the Superintendent of Finance, dated June 20, was referred to Mr. [Samuel] Wharton, Mr. [James] Madison and Mr. [Samuel] Osgood. It is in No. 137, I, folio 559.]
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