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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, APRIL 19, 1782
A report from the Secretary at War was read, stating the inconvenience that may arise from the sale of the vessel lately used for a prison ship in the harbor of Boston.
Ordered, That it be referred to the Superintendent of finance, as agent of marine, to confer with the Secretary at War, and take order in the matter.
On a report of the Secretary at War, to whom was referred a memorial of W. Turnbull & Co.
War Office, April 18th, 1782.
Sir,
It appears beyond a doubt that the six pound cannon mentioned in the memorial of Messrs. Turnbull & Co., referred to me, are not such cannon as the Superintendant of Finance advertised for sale, and did actually sell on public account, being without carriages if not otherwise deficient.
It cannot therefore be questioned, I think, that the sale must and ought to be void.
On this idea I beg leave to submit the following resolve,
Resolved, That the full sum paid by Messrs. Turnbull & Co. to the treasurer of the United States, for three pair of six
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pound cannon, sold with carriages of which they are destitute, be returned to them, and the bargain considered as null and void.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 271.]
On the report of the Secretary at War, to whom was referred a petition of Lieutenant Stratton,
War Office, April 13th, 1782.
Sir,
Mr. Stratton, in his petition to Congress, referred to me, requests his rank in the army that he may receive his back pay and rations, and that his loss of clothing, when captured, might be made good to him.
I suppose his rank in the army is secured to him by the State of Massachusetts, as appears from his certificate signed by their Secretary--when there is a vacancy he has a right to apply for his commission. I do not know of any promise made by Congress that they will refund the loss of clothing taken in action, or that any precedents of compensation for such losses in cases similar to Mr. Stratton's do exist.
I conceive that the petitioner is entitled to his pay. His ration account can only be settled by the Commissary of Prisoners from whom he received money while in captivity. I therefore beg leave to submit the following draught of a resolve to the consideration of Congress.
Resolved, That it be recommended to the State of Massachusetts, to settle the pay and depreciation of pay due to Lieutenant Aaron Stratton, from the first of September, 1776, to the 21 of January, 1781, [upon his producing certificates from the paymaster general of the army, and commissary general of prisoners, of the sums they have respectively paid to him on the above account,] and to pay the same, charging the money so paid to the account of the United States.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, I, folio 267. The part in brackets is in Abraham Clark's writing.]
On a report of a committee, consisting of Mr. [William] Ellery, Mr. [John Morin] Scott, and Mr. [Joseph] Montgomery, to whom was referred a letter of April 6, from the Superintendant
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of finance, as agent of marine, respecting a claim of Mr. Jacobus Wynkoop,
Resolved, That it be recommended to the State of New York, to make up the depreciation on the pay which Jacobus Wynkoop hath received, and that upon his producing vouchers to ascertain the period when his actual services ceased, his accounts be finally settled at the treasury office of the United States, and whatever balance may be then found due to him, be put upon interest in the same manner as the balances of other public creditors.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 137, I, folio 399. The letter of April 6 of the Superintendent of Finance on which it was based is on folio 397.]
The report of a committee, consisting of Mr. [Daniel] Carroll, Mr. [Samuel John] Atlee, and Mr. [Ezekiel] Cornell, to whom was referred a letter of the 21 of February, from the governor of Connecticut, and a representation from the inhabitants of the western country, was called for; and that part of the report, so far as it relates to the letter of the governor of Connecticut, being read, namely,
"That the ten companies mentioned in Governor Trumbull's letter of the 21 of February, 1782, to be raised for the defence of the State of Connecticut, be paid and subsisted while in actual service at the general expence, on the same terms as the troops on the continental establishment: provided the said State shall first fill up their quota of troops for the continental army; and that the officers be in proportion to the number of men in the field."
A motion was made by the delegates of Connecticut, to strike out the words after provided, and in lieu thereof to insert, "that no more officers be paid than those on the continental establishment, belonging to the line of said State in the continental army, unless the non-commissioned officers and privates in said line, and the levies both together, exceed the quota on the continental establishment; in that case the
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officers to be paid in proportion to the number of such overplus, non-commissioned officers and privates, and that the said ten companies be under the orders of the Commander in Chief of the army of the United States."
And on the question to agree to this amendment, the yeas and nays being required by Mr. [Richard] Law,
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So the amendment was lost [it] passed in the negative.
A motion was then made by Mr. [Oliver] Wolcott, seconded by Mr. [Ezekiel] Cornell, to strike out the word "provided," and what follows to the end; and the question being put, "shall the words moved to be struck out stand?" Passed in the negative.
A motion was then made by the delegates of Connecticut, to add to the report to amend the report by adding the words following: provided that no more officers be paid than those on the continental establishment, belonging to the line
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of the said State in the continental army, unless the noncommissioned officers and privates in the said line, and the levies both together, exceed the quota on the continental establishment; in that case the officers to be paid in proportion to the number of such overplus, non-commissioned officers and privates; and that the said ten companies be under the orders of the Commander in Chief, to operate any where within the United States.1
[Note 1: 1 This motion, in the writing of Oliver Wolcott, is in the Papers of the Continental Congress, No 20, I, folio 330.]
A motion was made by Mr. [Abraham] Clark, seconded by Mr. [Ezekiel] Cornell, to strike out the words, "to operate any where within the United States," and in lieu thereof to insert, "provided always, that no pay or subsistence be allowed to said troops on account of the United States, unless the State of Connecticut shall by law put the said troops under the command of the Commander in Chief of the army of the United States, to operate wherever he shall direct; and that they be paid and subsisted by the United States, for such time only as they shall be employed in the service of the United States by the express orders of the Commander in Chief."2
[Note 2: 2 This motion, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 20, I, folio 329.]
On the question to agree to this amendment to the amendment, the yeas and nays being required by Mr. [Oliver] Wolcott,
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So the question was lost.
On the question to agree to the amendment, the yeas and nays being required by Mr. [Oliver] Wolcott,
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So the question was lost.
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On the question to agree to the report as amended, the yeas and nays being required by Mr. [Richard] Law,
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So it passed in the negative.
The Committee of the Week [Mr. Theodorick Bland, Mr. Samuel John Atlee, Mr. Jonathan Elmer] report a petition from Michael Graham stating his loss in the sale of his plantation for continental money and praying relief.
Recommend that the petitioner have leave to withdraw his petition and be informed that it is not in the line of Congress have-it-not in their power to redress the grievance complained of.1
[Note 1: 1 This report, in the writing of Samuel John Atlee, is in the Papers of the Continental Congress, No. 32, folio 337. The indorsement states that it was agreed to on this day.
On this day, as the indorsement shows, a letter of April 11 from the Secretary at War was referred to Mr. [Samuel John] Atlee, Mr. [Theodorick] Bland, Mr. [George] Partridge, Mr. [Ezekiel] Cornell, Mr. [Abraham] Clark. It is in No. 149, I, folio 233.]
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