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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 --WEDNESDAY, AUGUST 7, 1782
The committee, consisting of Mr. [Ezekiel] Cornell, Mr. [Ralph] Izard, Mr. [Samuel] Osgood, Mr. [Theodorick] Bland and Mr. [James] Duane, appointed to consider and report the most just and practicable means of reducing the expenditures of the United States in the several departments, and to whom was referred a motion of Mr. [Theodorick] Bland, having reported the following resolutions:
Resolved, That the Secretary at War, on or before the first day of January next, cause the non-commissioned officers and privates belonging to the lines of the respective States, including soldiers prisoners with the enemy, to be arranged in such manner as to form complete regiments agreeably to the acts of Congress of 3 and 21 of October, 1780, or regiments of not less than five hundred rank and file, as circumstances and the good of the service may in his judgment require. [That for this purpose] the junior regiments [shall be draughted] to fill the senior regiments, and [the surplus,] should any remain after such draughts, shall be formed into a complete company or companies, as near as may be, according to the said establishment, with a proper allowance of field officers to two or more companies; the said regiments and companies [shall be commanded] by officers belonging to the respective States, to which the non-commissioned officers and privates so arranged shall belong.
Resolved, That the Commander in Chief, and commanding officer of the southern army, direct the officers of the line of each State respectively to meet together, and agree and
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determine upon the officers, who shall remain in service to command the troops arranged as aforesaid; provided that where it cannot be done by voluntary agreement, the junior officers of each grade shall retire, so as to leave compleat corps of officers agreeably to the said resolutions of October 3rd and 21st, 1780, to command the men to be arranged as aforesaid in the field, including such as have been mustered regularly and prisoners with the Enemy excepting deserters and such as may have died, [in proportion to the number of men, and to be adjusted upon the principles of the acts of the 3 and 21 of October, 1780, and the 5th resolution of the act passed the 23 day of April, 1782.]
Resolved, That the Commander in Chief, and commanding officer of the southern army, as soon as the said arrangement shall have taken place, transmit to Congress a list of officers whom they respectively may deem proper to be employed in the several staff departments and other necessary duties in the army, to be taken from the list of retiring officers. And upon being approved of by Congress, and accepting such appointments, such officers shall retain their rank in the army with the pay and emoluments thereto annexed.
Resolved, That the officers retiring under the foregoing resolutions, and not employed in the staff departments as aforesaid, shall, until called into service with their proper command, be entitled to all the emoluments to which the officers are [entitled], who retired under the resolutions of the 3d and 21 of October, 1780; that the said officers shall retain their rank in the army, and be called into the service, from time to time, according to seniority, in case of deficiencies of officers, upon the principles of the foregoing resolutions.
Resolved, That in arranging the non-commissioned officers and privates of the army, each State shall be credited for all the men, except deserters and such as may have died, who shall have been duly mustered to serve during the war, or for
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three years, or in consequence of the last requisitions of Congress whose times shall not expire on or before the first day of January next.
[Resolved, That the foregoing resolutions take effect on the first day of January, 1783, and that the respective States be and they hereby are earnestly called upon to take seasonable and effectual measures for compleating their quotas of troops accordingly, and that copies thereof be immediately transmitted by the Secretary at War to the executive or legislative authorities of the respective States, in compliance with the requisitions of Congress] of the 3d day of October, 1780, or the 10th of December, 1781.
[Resolved, That the preceding arrangement shall take effect on the 1st day of January, 1783, and that copies thereof be immediately transmitted by the Secretary at War, to the executive authorities of the respective States.]1
[Note 1: 1 This report being taken up pursuant to a previous order assigning this day for the consideration thereof, a motion was made by Mr. [Abraham] Clark, seconded by Mr. [Jesse] Root, to strike out the resolution, "that the officers retiring," &c. This report, in the writing of Samuel Osgood, except the parts in brackets, which are in James Duane's writing, is in the Papers of the Continental Congress, No. 21, folio 287. The same report, substantially, in the writing of Theodorick Bland, is on folio 291. It was submitted to General Washington, who returned it with comments approving.These comments are on folio 295. The following closing paragraph was included in the copy submitted to him:
6th. Resolved, That in future no commissions shall issue at the war office for promotions or filling of vacancies on the appointment of States until the Secretary at War shall have reported to Congress the necessity of such commission issuing, in order to complete the complement of officers, according to the establishment, and Congress shall have approved the same.]
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And on the question, shall that resolution stand? the yeas and nays being required by Mr. [Abraham] Clark,
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So it was resolved in the affirmative.
On the question to agree to the report, the yeas and nays being required by Mr. [Ezekiel] Cornell,
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So it was resolved in the affirmative.1
[Note 1: 1 From this point the proceedings for August 7 were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.]
On motion of Mr. [John] Rutledge, seconded by Mr. [Edward] Telfair,
Resolved, That the minister plenipotentiary at the Court of Spain be instructed to forbear making any overtures to that Court, or entering into any stipulations in consequence of overtures which he has made.
Ordered, That the instructions passed yesterday be redrawn, so as to comprehend the above, which is to be inserted immediately before "in case," as follows:
Resolved, That the minister plenipotentiary of the United States at the Court of Spain be instructed to forbear making any overtures to that Court, or entering into any stipulations in consequence of overtures which he has made; and in case any propositions be made to him by the said Court for a treaty with the United States, to decline acceding to them until he shall have transmitted them to Congress for their approbation, unless the treaty proposed be of such a tenor as to render his accession thereto necessary to the fulfilment of the stipulation, on the part of the United States, contained
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in the seperate and secret article of their treaty with his Most Christian Majesty.
Resolved, That Mr. Jay be at liberty to leave Spain and go into any other part of Europe whenever the state of his health may require it.1
[Note 1: 1 On this day, according to the indorsement, was read a letter of August 2, from the Secretary at War. It is in the Papers of the Continental Congress, No. 149, I, folio 537.
Also, a letter from General Washington, dated Head Quarters, August 3. It is in No. 152, X, folio 657.
Also, another letter from General Washington dated Head Quarters, August 3. It is on folio 661. It was referred to Mr. [John Morin] Scott, Mr. [Theodorick] Bland, Mr. [James] Madison.]
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