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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, OCTOBER 30, 1782
A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Theodorick] Bland,
"That it be resolved, that nothing in the resolve passed yester\day, be understood to operate towards preventing the determination of any dispute that has arisen or may arise concerning territory, between the State of New York and any other state or states in the union, by the 9th Article of the Confederation, in the same manner as if this cession had not been made."1
[Note 1: 1 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, I, folio 411.]
A motion was made by Mr. [Thomas] McKean, seconded Mr. [David] Howell, that the motion be postponed.
And on the question for postponing, the yeas and nays being required by Mr. [Theodorick] Bland,
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So the question was lost.
On the question to agree to the main question, the yeas and nays being required by Mr. [Hugh] Williamson,
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So the question was lost.
The Secretary at War, to whom was referred a letter of 25, from Lieutenant Colonel Cambray, having made report:
On motion of Mr. [John Lewis] Gervais, seconded by Mr. [James] Duane,
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Resolved, That the Secretary at War inform Lieutenant-Colonel Cambray, that Congress entertain the most favourable high opinion of his merit and military talents, and of his zeal and activity in the service of the United States; and that the Secretary at War be directed to inform Lieutenant Colonel de Cambray that he has leave of absence for a term not exceeding twelve months, from the time of his embarkation to visit his family in France and that in case of his exchange he make every exertion to return at the opening of the next campaign.1
[Note 1: 1 This resolution, in the writing of John Lewis Gervais, is in the Papers of the Continental Congress, No. 36, I, folio 415. The Secretary at War's letter on which it was based is in No. 149, II, folio 113.]
On the report of a committee, consisting of Mr. [Theodorick] Bland, Mr. [Thomas] McKean, and Mr. [Philemon] Dickinson, to whom was referred a note from the Honble. the Minister of France, dated 28, respecting supplies of provisions sent to the enemy from New Jersey:
The Committee to whom were referred the Note of the Honorable the Chev. do la Luzerne Minr. Plenipo: of France of the 28th of October 1782, report that it is their opinion that a continuance of the flagitious clandestine commerce therein set forth between some of the Citizens of the State of Jersey and the Enemy cannot but be attended with the most destructive consequences to the operations of the allied Powers by invigorating those of the Common Enemy, and therefore call for every exertion to suppress it in the most speedy and effectual manner possible. In addition therefore to the steps already taken by the United States in Congress assembled and the measures already recommended to the several States in the Union by their Resolutions ofand
Resolved, That a copy of the information be transmitted without delay to the executive of New Jersey, with a request that it be laid before the legislature of the said State; and that a copy be sent to the Commander in Chief, with directions to take speedy and effectual measures to suppress the said pernicious clandestine commerce.2
[Note 2: 2 This report, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 25, II, folio 137.]
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War Office, October 29, 1782.
Sir,
I have before me my report to Congress on the memorial of Captn. Schreiber which has been referred back with a direction to the Secretary at War to report a Resolution making a proper provision for the Memorialist (Captain Schreiber) and others in similar circumstances.
There are few, Sir, if any whose circumstances are so peculiar as those of Captain Schreiber; he is a deranged officer and has no farther expectations from the United States, his future hopes are built on military Service; he is therefore exceedingly anxious to leave America and try his fortune in Europe. Therefore to grant him full pay and rations untill exchanged would not avail him, as a detention may frustrate his views and embarrass him hereafter; to do more and promise a support thro life might be a bad precedent and involve us in future difficulties.
Though I am far from wishing that Congress would recede generally from their late resolutions, yet I consider this Case so very particular that I should be happy to see Captain Schreiber exchanged.
If Congress should not think proper to deviate from their general system, I cannot see but that the foreign deranged officers, who are detained here, have a just claim on the public for their rations and pay until they are exchanged, and that so much of their pay as will enable them to support themselves should be advanced.
The case of deranged Officers who are Citizens of America and who are at home with their families and who are attending to their domestic affairs is in my opinion quite different.
Should Congress continue their pay it will I suppose compensate them for all the evils they suffer by being Prisoners on Parole.
I wish the ideas of Congress on these observations and I will report resolves accordingly.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, II, folio 73. According to the indorsement, it was read on this day, and referred to Mr. [Theodorick] Bland, Mr. [Samuel] Osgood and Mr. [Philemon] Dickinson.]
War Office, October 29, 1782.
Sir,
In obedience to the Order of Congress I have consulted the Commander in chief on the report of a Committee relative to promotions and on a Motion of Mr. Rutledge on the same subject and beg leave to submit to the consideration of Congress the following mode of promotion from the rank of Colonels to that of Brigadiers:
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That the United States shall compose three divisions, the Eastern, Middle and Southern; New Hampshire, Massachusetts, Rhode Island and Connecticut shall form the Eastern--New York, New Jersey, Pennsylvania, Delaware and Maryland the middle--Virginia, North Carolina, South Carolina and Georgia the Southern.
That in all such States where their Numbers of Troops in the field axe sufficient to form one or more Brigades, the Brigadiers shall be appointed from the senior Colonels in the line of such States, and when Brigadiers shall be wanted to command Brigades within either of the divisions composed of the Troops of such States who have not individually numbers in the field sufficient to form a Brigade, the Brigadiers shall be appointed from the senior Colonels in such Brigades. Little was said respecting the appointment of Major Generals, but it seemed to be the general voice that they should be appointed from the senior Brigadiers excepting in cases of merit.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 651. A copy is on folio 657 and the letter of transmittal, also dated October 29, is on folio 649. The indorsement shows that it was read October 30, entered, and Thursday, November 7, assigned. A second indorsement is in No. 149, II, folio 83, and shows, as do the entries in Committee Books No. 186 and No. 191 that it was committed, on November 18, to Mr. [Daniel] Carroll, Mr. [Samuel] Osgood and Mr. [Richard] Peters, and on December 6, to Mr. [Daniel] Carroll, Mr. [Samuel] Osgood and Mr. [John Taylor] Gilman. The report of the first committee was delivered December 2 and debated and lost December 4; that of the second committee was delivered December 10 and passed December 12.]
Ordered, That a letter of 29th October, 1782, from the Secretary at War, respecting an allowance to purchasing and issuing Commissaries in Southern Department be referred to the Superintendant of Finance.
Ordered, That so much of Lieut. Col. Cambray's letter as respects an advance of pay be referred to the Superintendant of Finance.2
[Note 2: 2 These two orders were 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, a letter of October 29, from the Secretary of War, inclosing a state of the Invalid Regiment, was read. It was referred to Mr. [Theodorick] Bland, Mr. [Samuel] Osgood, Mr. [Philemon] Dickinson. It is in the Papers of the Continental Congress, No. 149, II, folio 77. See post December 19.
Also, a letter of October 30 from the Secretary at War, on the expectations of the officers of the army. It was referred, as shown by the indorsement and by Committee Book, No. 186, to Mr. [Daniel] Carroll, Mr. [Elias] Boudinot, Mr. [Theodorick] Bland; and on November 7 Mr. [Samuel] 0sgood was appointed on the committee, in place of Mr. Boudinot. On November 20 such parts as relate to the pay of the army were referred to the Superintendant of Finance to report. The letter is in No. 149, II, folio 105. See post November 18.]
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