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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 --TUESDAY, NOVEMBER 19, 1782
On the report of a committee, consisting of Mr. [Daniel] Carroll, Mr. [Samuel] Osgood, and Mr. [Richard] Peters, to whom was referred a report of a committee on a letter of the 30 of October, from the Secretary at War:
Resolved, That the senior officers of each grade, sufficient to form corps agreeable to the act of the 7th of August last, (the regiments to have their complement of officers, as established by the acts of the 3 and 21 of October, 1780, except as to the therein proposed supernumerary subaltern for receiving the recruits, who shall be omitted,) shall be retained in service for the command of the said corps; and the redundant junior officers of the several grades shall retire from immediate service, agreeably to the said first recited act, but the said junior officers, so retiring, shall retain their rank in the army, and be liable and entitled to be called into actual service, only when regiments or corps shall be raised for them by their respective states. But any senior officer, entitled to remain in service, shall have the liberty of retiring, with the emoluments of officers retiring under the acts last recited, for reasons satisfactory to the Commander in Chief, or the commanding officer of the southern army, on such retiring officer relinquishing his command and future right of promotion in the army, and signifying the same, on or before the 1st day of January next, to the Commander in Chief or the commanding officer of the southern army, who shall duly transmit lists of such retiring officers, to the Secretary at War; any act or resolution of Congress to the contrary hereof notwithstanding.
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That all vacancies in the several state lines be filled up prior to the first Commissions issue to the Officers in the several Negatived. State lines who are or shall be entitled to promotion prior to the first day of January next, that the retiring officers may leave the service with the ranks to which they are or shall be respectively entitled previous to that period.
That it be recommended to the several States to satisfy the Officers and men of their respective lines for the sums due to them for pay while in service and the depreciation thereon and retained rations up to the first day of January March, 1781; all sums paid on the foregoing account to be allowed in part of the requisitions of Congress made prior to the second day of November 1781.
That the paymaster general furnish the Secretary at War from time to time as they may be called for by him with Passed. the accounts of all pay and advances received by or chargeable to the officers and men of the several regiments in the service of the United States.
That such parts of the Secretary at War's letter of Passed. the 30 October last as relates to the pay of the Army be referred to the Superintendant of finance to report thereon.1
[Note 1: 1 This report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 27, folio 203.
In No. 149, II, folios 91 and 95, in the writing of the Secretary at War's secretary with interlineations in Richard Peters' writing, is the following, and a draft of the paragraph next to the last, in the writing of Richard Peters, is on folio 89.
Resolved, That it be recommended to the several States to settle with and satisfy the just demands of the officers and men of their lines respectively the troops of their States in the army of the United States for the sums due to them on acct of their pay, and the depreciation thereon, and for retained rations up to the first day of January 1781 and charge the United States with the sums they shall so severally adjust or pay, against the requisition of Congress made prior to the 2d of Novr 1781.
Resolved, That the Paymaster General furnish the Secretary at War with the accounts of pay and all advances for which they are or may be chargeable received by the officers and men of the several regiments in the United States for the years 1780 and 1781; that he may forward them as soon as possible to the several States for settlement from time to time as they may be called for by him.
Resolved, That so much of the act of Congress of the 7th. of August last which provides that the retiring officers shall retain their rank in the army and be called into the service from time to time according to seniority in case of deficiencies of officers upon the principles of the foregoing resolutions be and is hereby repealed.
Resolved, That when any of the United States shall have raised any new corps of men make additions to the corps of their line in the field, that they shall be officered by the senior officers of the several grades (unless otherwise agreed on by the officers) from among the officers who retire under the resolution of Congress of the 7th. of August last and the officers being so called into service shall thereon enjoy the same relative rank in the line of the State as they would have possessed had the arrangement of the 7 of August aforesaid not taken place.
Resolved, That all vacancies which shall happen in the line of any State prior to the first of January next shall be filled up, so that the retiring officers shall leave service with the same rank they would have held had not the arrangement aforesaid been made, nothing however in this resolution shall be construed to extend to the appointing more subaltern officers, than are required for the regiments in the field.
Resolved, That it be recommended to the several States to settle with and satisfy the officers of their lines respectively and the troops of their States in the army of the United States, the half pay in a manner which shall be mutually agreed on between the States and their officers, for which payment they shall be credited by the United States, and not be responsible for the half pay due to the officers of other States, unless the payment to their own officers is not equal to the sum due from them to the Continent on account of the half pay promised, in which case they shall only be chargeable with the amount of such deficiency.
Resolved, That so much of the letter from the Secretary at War as relates to the pay of the Army be referred to the Superintendant of finance.]
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When the foregoing resolution was under debate,
A motion was made by Mr. [David] Howell, seconded by Mr. [Jonathan] Arnold, to strike out the words "command and ;"
And on the question, shall these words stand? the yeas and nays being required by Mr. [David] Howell,
{table}
So it was resolved in the affirmative.
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Congress proceeded to the consideration of the report, and the committee having reported, "that commissions issue to the officers in the several state lines, who are or shall be entitled to promotion, prior to the first day of January next; that the retiring officers may leave the service with the ranks to which they are or shall be respectively entitled, previous to that period."
On the question to agree to this proposition, the yeas and nays being required by Mr. [David] Howell,
{table}
So the question was lost.
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