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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, OCTOBER 14, 1782
Pursuant to the resolution of the 27 February last, the Superintendant of finance reported Mr. Joseph Bindon as the commissioner for settling the accounts of the cloathing department, desiring the orders of Congress if they disapprove the appointment.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, I, folio 813.]
A motion was made by Mr. [Arthur] Middleton, seconded by Mr. [John] Rutledge,
"That Brigadier General Moultrie be promoted to the rank of a major-general, to take rank in the army as such from the 15th of September, 1780."2
[Note 2: 2 This motion, in the writing of Arthur Middleton, is in the Papers of the Continental Congress, No. 36, I, folio 397.]
A motion was made by Mr. [James] Duane, seconded by Mr. [Ezra] L'Hommedieu, to amend the motion by inserting "James Clinton and," before "Moultrie."3
[Note 3: 3 The motion in favor of Clinton in the writing of Ezra L'Hommedieu is in the Papers of the Continental Congress, No. 36, I, folio 399.]
An objection being made to this as being out of order,
On the question, is the motion for amending in order? the yeas and nays being required by Mr. [James] Duane,
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[Note 1: 1 The vote was entered in the Journal by George Bond.]
So the question was lost.
A motion was then made by Mr. [Theodorick] Bland, seconded by Mr. [Eliphalet] Dyer,
That the motion of Mr. [Arthur] Middleton be referred to the Secretary at War.
And on the question to agree to this, the yeas and nays being required by Mr. [Arthur] Middleton,
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So the question was lost.
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After farther debate, an adjournment was called for and agreed to.
The Committee to whom were referred the letter from the Secty at War of Sept. 6th, 1782, together with all the papers relative to promotions &c--beg leave to report,
That it appears to them that the most general principle or rule of promotion of Colonels to Brigadiers and of Brigadiers to the Rank of Major Generals which Congress seems to have adopted is that of apportioning those officers to the number of troops which the States, to which they respectively belong, have in the field.
That the resolutions of Congress of the 7th day of August last has established this as a fixed principle, not to be deviated from but in cases where signal merit or services shall in the opinion of Congress render such deviation proper--That your Committee cannot but approve this principle as the most equitable general rule that the nature of the composition of the Army of the United States will admit of, as well as the most conducive to the good of the service, for altho' it bears hard on some meritorious individuals, whose State lines have been from various inevitable causes so reduced as to render the officers necessary to command very disproportionate to the non commissioned officers and privates at one time, yet a future day may produce an alteration in favor of such officers and against those lines which from the fortune of war now enjoy the advantage.
Your Committee therefore having conferred with the Secretary at War on the returns of the Army, and the proportion of General Officers wanting in the respective States to command their quota of troops, are of opinion from his information that there are at this time only two Brigadiers wanting in the line of the State of Massachusetts and one Brigadier in the line of the State of Connecticut, and therefore submit the following resolve.
Resolved, That Friday next be appointed for choosing two Brigadiers for the line of the State of Massachusetts and one Brigadier for the line of the State of Connecticut.
Resolved, That Congress do not deem it necessary or consistent with the rule established for the promotion of Colonels to the rank of Brigadiers, or of Brigadiers to the rank of Major Generals at this time to promote a Colonel or Brigadier in the line of New York, South Carolina, or Georgia; but that when the numbers of the troops of those States or any other in the same predicament shall render
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it necessary to increase the number of General Officers, the several officers claiming such promotions will have their ranks in the Army preserved inviolate with respect to such as may have been promoted from Junior Commissions, on account of the necessity of apportioning the number of General Officers to the troops of their respective lines.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 633. Committee Book No. 191 shows that it was delivered September 12. Committee Book No. 186 shows that on September 6, the letter of same date from the Secretary at War was referred to Mr. [Theodorick] Bland Mr. [Ezekiel] Cornell and Mr. [Joseph] Montgomery, "with letters from Col. Shepard of the Massachusetts line and from brig. gen. James Clinton, relative to promotions, together with all the papers relative to promotions which were referred to the Committee of 5 of 25 June last which is discharged from so much of the business referred to them."]
Resolved, That Brigadiers to be appointed be taken from the eldest Colonels and Majors General from the eldest Brigadiers in the Line of the Army, except where promotions are made for special merit, and in such case, those who are of older standing in the line of the Army, than the officers so promoted, shall be also promoted and take rank of them, provided that where they can have no command as Brigadiers they may either at their option hold the Command of their Regiments with the rank of Brigadiers or be considered as retiring officers and entitled to the pay and emoluments of retiring Colonels, liable however to be called into service, when the command of a Brigade shall offer, and that this rule extend to all promotions which have taken place since 19 Jany. last.2
[Note 2: 2 This motion, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 149, I, folio 647. According to Committee Book No. 186, it was referred, on October 14, to the Secretary at War, together with the report of the committee on promotions, "also the resolution of 25 May, 1781, which was repealed 19 Jany, 1782. To consult the Comr. in Chief and report the most eligible mode of promotion from the rank of colonels upwards."
The following draft of a report, in the writing of Theodorick Bland, and undated, is in No. 149, I, folio 645:
The Committee to whom was recommitted the report on promotions, together with the motion of Mr Rutledge, Report,
That it appears to them that the most general principle or rule of promotion which Congress has adopted is that of apportioning the officers to the number of Troops which the States to which they respectively belong, have in the field.
That the resolution of Congress of the Seventh of August last has established this as a fixed principle for limiting promotions as far as Regimental rank reaches, not to be deviated from except in cases where signal merit or services shall in the opinion of Congress render such deviation proper. That your Committee cannot but approve this as the best general principle that the nature of the composition of the Army of the United States will admit of, for altho' it may for a time bear hard on some meritorious individuals, whose State lines have been or may be from various inevitable causes so reduced as to render the officers necessary to command very disproportionate to the non commissioned officers and privates at one time. Yet a future day may produce an alteration in favor of such officers.
Your Committee therefore having conferred with the Secretary at War, on the proportion of General Officers wanting in the respective States to command their quota of troops, and having examined the returns in the war office find, that there are at this time only three general officers wanting in the Army of the United States in addition to those already appointed, viz. two Brigadiers in the Line of the State of Massachusetts, and one Brigadier in the Line of the State of Connecticut, whereupon your Committee submit the following resolution.
Resolved, Thatnext be appointed for choosing two Brigadiers for the line of the State of Massachusetts and one Brigadier for the line of the State of Connecticut.
Resolved, That all Brigadier Generals and Colonels who may suppose their rank effected by the operation of the foregoing resolution shall be permitted to retire on the emoluments of Colonels retiring under the Resolutions of the 3rd and 21st of October 1780; provided nevertheless that they shall be liable to be called into service, when Congress or the Commander in Chief may think proper so that the obstacles to their promotion shall have been removed and their ranks can be established consistently with the principles laid down by Congress in their resolutions of the 7th August, 1782.
The following undated motion, in the writing of Richard Peters, is in No. 36, II, folio 87:
That the Commander in Chief and Commanding Officer of the Southern Army be directed to inform Congress of the Number of Brigadiers necessary to command Brigades for the ensuing Campaign, and also the Names and Dates of Commissions of the Senior Officers in the Lines wherein Brigadiers are wanting, to the End that Congress may make such appointments as to them shall seem expedient.
And the following, also undated, in the writing of Alexander Hamilton, is on folio 91:
That the Secretary at War report to Congress on Friday next the number of additional promotions of Brigadiers requisite to the service of the ensuing Campaign; and the names and dates of Commissions of such Colonels and Lt. Colonels Commandant as stand next in order of promotion; and that Congress then proceed to the election of the necessary Brigadiers.
The following, also undated, is on folio 93. It is in the writing of Theodorick Bland:
Moved by Mr. [Theodorick] Bland, 2d Mr. [Joseph] Jones, to postpone motion now before the house to consider the following motion:
Resolved, That the Secretary of War report to Congress the most equitable and proper manner to reward the Merits of such Colonels in the Army of the United States by promotion to the Rank of Brigadiers as shall be most conducive to the good of the service of these States and not Injurious to the Rank of Individuals or the Rights of the States.]
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