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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 --MONDAY, SEPTEMBER 30, 1782
On a report from the Secretary at War, to whom was referred a letter of 24 from Captain de la Plaigne:
War Office, Sept. 28th, 1782.
Sir,
I have made particular inquiry into the state of Captain La Plaigneurs, and I think there cannot be a doubt but he was a Captain in the first Georgia Regiment in the year 1777, that he has been absent about five years, been a prisoner, and has suffered as he represents, and that his distresses require immediate attention. From this view of the matter I should not hesitate to report in favor of a grant as pay, was there no danger from a precedent of this kind. He was sent abroad by the State of Georgia, and on their business without the knowledge of Congress, nor does he pretend that he so much as obtained leave of absence from the Commanding officer of the Southern Department. I am therefore of opinion, that at the time when he so accepted the employment of a particular State, that his pay as an officer of the United States should cease; Recommitted. but that in consideration of his particular suffering, his present most pressing wants, his being a stranger in this part of the country and destitute of friends to give him relief, and the great distance from Georgia, the place of his former residence, he should receive some supplies.
If Congress should be of opinion from the present view of the subject, that his pay should cease for the reasons offered, while he was abroad, and that his present circumstances call Passed. for their aid, they will please to resolve,
That the Secretary at War be directed to supply Capt. La Plaigneur, with the value of the sum of twenty pounds, in cloathing and the sum of thirty pounds in cash, for which the State of Georgia is to be accountable.
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If Congress should be of different sentiments and determine that the United States are justly chargeable with his pay, during his five years absence, and that he is now an officer in the Army of the United States they need take no resolution on the matter. I can in that case with propriety order him his pay, as has been ordered to other officers of the line of the Army.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 701.]
Resolved, That the Secretary at War supply Captain de la Plaigne with the value of fifty-three dollars and one-third of a dollar in cloathing; and with the sum of eighty dollars in cash, for which the State of Georgia is to be accountable.
War Office, 28th September, 1782.
Sir,
On the 29 Ultimo I had the honor to lay before Congress the result of an inquiry made by his Excellency the Governor of Connecticut, and the Council of Safety on the complaint of Lieut. Col. Gray, that Lieut. Col. Huntington's Commission had an earlier date, than it ought to have had by which means Lieut. Col. Gray was injured in his Rank. The Governor and Council are decidedly in opinion that Lieut. Col. Huntington's Commission which bears date October 10, 1778, ought not to have been issued until May 1779, for that he took the vacancy caused by the resignation of Lieut. Col. Livingston which they say did not happen until May 1779 though his request to resign was on the 10th October 1778 yet that he drew pay in his regiment until May following and that the General in answer to his request by his letter dated November 24, 1778, informed him that his resignation should be accepted, as soon as his accounts should be settled. His Excellency General Washington, in answer to these observations, says that the request of Lieut. Col. Livingston for leave to resign was made to him on the 10th of October 1778 and that he declined accepting his resignation, until he should have procured vouchers that he had settled his accounts; but on finding Colonel Livingston took no steps to make the necessary settlement he was determined to take his resignation and date it from the 10th of October 1778 the time the request was made; because he had never from that period returned to his duty, nor could any precise time but that be fixed for so doing. The General farther observes that as soon as Lieut. Col. Huntington then Major Huntington was regularly informed that Lieut. Col. Livingston's resignation had been accepted
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on the 10th of October 1778 he directed him to be struck off the rolls (the Colonel was then a Prisoner of war) and his pay to be stopped from that time, and returned to the Paymaster General or auditors, which was done as appears by the certificate of Mr Beers.
The General also observes, that there were substantial reasons for affixing Livingston's resignation to the 10 October 1778, and if that period is now departed from it will affect the Commissions of a number of officers who date their rank from thence.
When I laid before Congress the proceedings of the Governor and Council of Connecticut, I observed should Congress be of opinion that Lieut. Col. Huntington's commission bears an earlier date than it ought to bear, and that justice to other officers requires it to be rectified, they will please to resolve,
As Lieut. Col. Huntington's Commission through mistake bears date the 10th of Oct. 1778, which ought to have been dated the first of May 1779, that it be called in and cancelled and that a Commission of Lieutenant Colonel issue to him bearing date the first day of May 1779.
Congress returned the papers with the following note: "referred back to the Secretary at War to take order".
That all the light which could be had in the case might be obtained, I sent a copy of the papers to his Excellency General Washington, who made the observations above recited, and sent them with a copy of a letter from Lieut. Col. Huntington to him on the subject.
As this is now a matter in which is involved a question of a very considerable consequence between the United States and an individual State, viz. how far they have the controul of the rank of their own officers I cannot think myself competent to a decision, or that Congress could wish me to undertake it. Connecticut are clearly in opinion that Lieut. Col. Huntington's Commission ought not to bear date until May 1779, and the General as clear that it should be dated October 10 1778.
I beg leave therefore to lay before Congress all the papers relative to this question of rank, and ask their particular directions on the subject.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 705. The indorsement shows that it was read on this day, and referred to Mr. [Joseph] Montgomery, Mr. [Theodorick] Bland and Mr. [John] Rutledge.]
Ordered, That a representation of Charles Young and Bertles Shee respecting a prize taken by the Brig Letitia and afterwards taken out of the possession of the Captors by the harbour master of
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Basseterre in Christopher be referred to the Agent of Marine to report.1
[Note 1: 1 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.
On this day, according to the indorsement, was read a letter from General Washington, dated Head Quarters, September 26, communicating intelligence received from Canada. It was referred to Mr. [Elias] Boudinot, Mr. [James] Duane, Mr. [Hugh] Williamson. It is in the Papers of the Continental Congress, No. 152, X, folio 743.
Also, a letter of June 25 and 29 from the Marquis de Lafayette to the Secretary for Foreign Affairs which was referred to Mr. [James] Duane, Mr. [John] Rutledge, Mr. [Joseph] Montgomery, Mr. [James] Madison, Mr. [Daniel] Carroll. It is in No. 156, folio 282.]
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