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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 28, 1782
The supplemental ordinance for regulating the Post Office was read a third time, and passed as follows:
The Committee, consisting of Mr. [James] Duane, Mr. [Elias] Boudinot and Mr. [Daniel] Carroll, to whom was referred the letter from Ebenezer Hazard, Postmaster General, on the subject of the Ordinance passed for regulating the Post Office, present the following draft of an explanatory Ordinance for regulating the Post Office, to wit:
AN EXPLANATORY A SUPPLEMENTAL ORDINANCE FOR REGULATING THE
POST OFFICE OF THE UNITED STATES OF AMERICA.
Whereas, since the passing the ordinance for regulating the Post Office of the United States of America, it hath been represented that the allowance thereby made of commissions to a deputy postmaster, on the money only arising from the postage of letters, would in many instances be inadequate to the service, and that the provision that all the dead letters should be registered and preserved, will occasion great and useless trouble and expence; and no provision is made therein for the deputy postmaster with the main army; in order therefore to remedy the defects of the before-mentioned ordinance:
Be it ordained by the United States in Congress assembled, and it is hereby ordained by the authority of the same, that it shall and may be lawful for the Postmaster General for the time being, to allow to his respective deputies such commissions as he shall think their respective services may merit, not exceeding twenty per centum on the postage of all letters, making the same allowance for free letters
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as if they paid postage: and that instead of registering and preserving all dead letters, from time to time, remaining in the general Post Office, it shall be sufficient and the Postmaster General is only required to preserve such of them, the contents and enclosures of which may be valuable.
And be it further ordained by the authority aforesaid, that the act of the United States in Congress assembled, respecting the postmaster at head quarters of the army, passed on the 11th day of March, one thousand seven hundred and eighty-two, be, and the same is hereby revived and declared to be in full force.
And be it further ordained by the authority aforesaid, that it shall and may be lawful for the Postmaster General for the time being, to allow and pay to any informer, one moiety of the penalties which may be recovered upon his information, for offences against the 4th and 5th clauses of the before mentioned ordinance for regulating the Post Office of the United States of America. Done, &c.1
[Note 1: 1 This ordinance, in the writing of James Duane, is in the Papers of the Continental Congress, No. 59, III, folio 377.]
Congress resumed the consideration [of] the report of the committee, on the letter of 19 August from the Commander in Chief, &c. and the same being postponed; a motion was made by Mr. [Hugh] Williamson, seconded by Mr. [David] Ramsay, to resolve
"That Congress have no occasion see no sufficient reason to recede from the opinion they expressed in their resolution of the 29 of April last, however as the Commander in Chief of the British army has expressly declared his disapprobation of the barbarous murder of Captain Huddy and has caused inquisition to be made concerning the murderer; and has promised that further enquiry shall be made, &c.; Congress recommend to the Commander in Chief that he suspend the execution of any British officer in retaliation for the death of Captain Huddy until the promised inquisition shall be made, or so long as he may find consistent with the honor of the United States and safety of their citizens."2
[Note 2: 2 This motion, in the writing of Hugh Williamson, undated, is in the Papers of the Continental Congress, No. 19, VI, folio 405.]
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A motion was made by Mr. [David] Howell, seconded by Mr. [Ezra] L'Hommedieu, to strike out the words "Congress see no sufficient reason to recede from the opinion they expressed in their resolution of the 29 April last however;" and on the question, shall those words stand, the yeas and nays being required by Mr. [John] Witherspoon,
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So the words were struck out.
Another motion on the subject was made by Mr. [John] Rutledge:
Whereas it appears, from the Trial of Richard Lippencut, by a British Court Martial, that he is guilty of the Murder of Capt. Josh. Huddy, and although the said Lippencut was acquitted by the said Court, yet it does not appear that their sentence is confirmed by the British Commander in Chief, but, on the contrary, he has reprobated Lippencut's conduct, and declared that he hath ordered further Inquisition, and a Prosecution of such other persons as may appear to have been Criminal, and that it is his Intention to prosecute the Matter with all the Effort which a due regard to Justice will admit. In order, therefore, to give the British General a further
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opportunity of saving the innocent by delivering the said Lippencut, or some of the other persons who are guilty of the said Murder guilty persons,
Resolved, That the Commander in Chief be authorised to suspend the execution of a British officer in retaliation for the Murder of Capt. Huddy until theday offor so long a time as he may think consistent with the Honour of the United States and the Safety of its Citizens.1
[Note 1: 1 This motion, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 19, VI, folio 407. It is undated, but is filed with the report and Williamson's Motion on the same subject, and belongs to this period.]
Ordered, That the letter of 19 August from the Commander in Chief and the papers accompanying it, the report of the late committee, and the motions on the subject, be referred to a new committee of five: the members, Mr. [John] Rutledge, Mr. [Samuel] Osgood, Mr. [Joseph] Montgomery, Mr. [Elias] Boudinot, and Mr. [James] Duane.
War Office, October 28, 1782.
Sir,
There are many officers prisoners of war who are deranged, among the number is Captain Schreiber, whose memorial is referred to me. Application from the officers under those circumstances for pay and subsistence are daily made. I wish the directions of Congress respecting this matter. The situation of the foreign officers who have no means of support but what arises from their pay and rations is peculiarly hard. Should Congress be of opinion that a discrimination can be made in their favour they will please to direct it.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, II, folio 67. It was read on this day, the indorsement indicates, and "referred back to the Secretary at War to report a resolution making a proper provision for the memorialist and others in similar circumstances."]
The committee, to whom were referred the papers respecting the allowance to be made to the representatives of the late Commissary General Joseph Trumbull, for services performed by him, report:
That the allowance proposed to be made to the representatives of Mr. Trumbull, of certain rates of commission, by a resolve of Congress of the 31 March, 1779, and, which by a subsequent settlement would be 62,230 65/90 dollars, appears to be abundantly too large; unless by a construction of the said resolve from some words not of its essence therein which respect the depreciated State of Paper money, the amount should be limited agreeably to the then
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actual depreciation, which would reduce it to 5653 dollars in specie; in which case the allowance is apparently too small.
But your committee being now freed from the necessity of making the said resolve the basis of their determination, and at liberty to form their judgment upon the proper circumstances; and having considered the frugality with which the late Commissary General expended the public money, his great aetivity, zeal and abilities, in discharging the duties of his office, together with the importance of the trust, they propose the following resolution:
That in addition to the 21,992 75/90 dollars continental currency retained in the hands of the late commissary general Joseph Trumbull, out of the monies issued to him, there be a further allowance made to the representatives of said Joseph Trumbull of twelve thousand dollars, in full compensation for all services rendered by him as commissary general.1
[Note 1: 1 This report, in the writing of George Clymer, is in the Papers of the Continental Congress, No. 19, VI, folio 71. It is undated, but according to the indorsement, was the report of Mr. [George] Clymer, Mr. [Jonathan] Jackson and Mr. [Hugh] Williamson, and was entered and read. It is marked "3rd report." According to Committee Book No. 191, it was delivered on October 28, and acted upon January 23, 1783.
The following, in the writing of Hugh Williamson, appears to be a draft of the 3rd report. It is undated and is in No. 31, folio 357:
The Committee to whom was referred the papers respecting an allowance to be made to the Representatives of the late Comy. Genl. Jos. Trumbull for services performed by said Comy. Report,
That the allowance proposed to be made to the Representatives of the late Commissary General Jos. Trumbull by a Resolve of Congress on the 31st. of March 1779 appears not to be an adequate award for the Risques diligent and faithful services of said Comy. Trumbull. The allowance to be made was limited by certain Commissions of ½ to 2½ per ct. on money paid by the Commissary General and purchases made by him and the amount of those Commissions now appears to be 62,230 65/90 dlrs. This allowance was made and the money was ordered immediately to be paid to the Admr. at a time, as the Resolve expresses, when the value of our Currency was greatly altered from what it had been. The Money was not paid from a necessary delay in settling his Accounts, and according to the scale of Depretiation it appears that the true value of 62,230 dlrs. payable on the 31st. of March 1789 [1779] is no very little more than 5,653 dollars in specie.
That though it appears from sundry Accounts and Vouchers in one of the public offices that Commissary Trumbull has not made his Purchases or Contracts at any considerable private expence, yet considering the faithful and frugal manner in which he served the public for the space of 25 Months and the risque which attends the payment of large sums of money, your Committee are of opinion that the sum ofdlrs. shall be paid to the Representatives of J. T. Esq. late Commissary Genl. exclusive of 21,992 75/90 dlrs. already paid retained in his hands in full for all services done by said Comy. Genl.
On this date, according to the indorsement, was read a petition of William Shattuck and Henry Evans, dated Philadelphia, October 26, 1782. It was assigned for October 30, and is in the Papers of the Continental Congress, No. 40, II, folio 345.]
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