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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, NOVEMBER 25, 1782
Mr. Alexander Hamilton, a delegate for the State of New York, attended, and produced a commission under the great seal of the State, dated at Poughkeepsie, the 25 of October, 1782, which was read, and by which it appears, that on the 22 of July, 1782, the Hon. James Duane, William Floyd, John Morin Scott, Ezra L'Hommedieu and Alexander Hamilton, were appointed delegates to represent the said State for one year, from the first Monday in November, 1782.
The people of the State of New York by the Grace of God Free and Independent: To all to whom these presents shall come send Greeting. Know ye that we having inspected the Records remaining in the Secretary's office of our said State do find there a certain Commission in the words following to witt: "The people of the State of New York by the Grace of God Free and Independent: To all to whom these presents shall come send Greeting: Whereas our Senate and Assembly have on the twenty second day of July in this present year nominated and appointed the Honorable James Duane, William Floyd, John Morin Scott, Ezra L'Hommedieu and Alexander Hamilton Esquires Delegates to represent our said State in the United States of America in Congress assembled for one year from the first
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Monday in November next, Now therefore know ye that in pursuance of the said Nomination and Appointment we have by these presents commissioned the said James Duane, William Floyd, John Morin Scott, Ezra L'Hommedieu and Alexander Hamilton Esquires with full power and authority to them the said James Duane, William Floyd, John Morin Scott, Ezra L'Hommedieu and Alexander Hamilton to represent our said State in the said Congress accordingly: In Testimony whereof we have caused these our Letters to be made patent and the Great Seal of our said State to be hereunto affixed: Witness our Trusty and Well beloved George Clinton Esquire Governor of our said State General and Commander in chief of all the Militia and Admiral of the Navy of the same. Given at Poughkeepsie the said twenty second day of July in the year of our Lord one thousand seven hundred and eighty two and of our Independence the seventh:"
All which we have caused to be exemplified by these presents. In testimony whereof we have caused these our Letters to be made patent and the Great Seal of our said State to be hereunto affixed: Witness our Trusty and Well beloved George Clinton Esquire Governour of our said State, General and Commander in chief of all the Militia and Admiral of the Navy of the same: At Poughkeepsie this Twenty fifth day of October in the year of our Lord one thousand seven hundred and eighty two, and of our Independence the Seventh.
Geo: Clinton.
[With the Great Seal appendant]
Passed the Secretary's Office 25th October 1782
Robt Harpur, D. Secrty.1
[Note 1: 1 The original is in the Papers of the Continental Congress, New York, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
On the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [James] Madison and Mr. [Richard] Peters, to whom was referred a motion of Mr. [James] Madison:
Resolved, That the Secretary for foreign affairs be, and he is hereby authorised to communicate to the ministers of foreign powers, who may reside near Congress, all such acts and resolutions of Congress, and all such articles of intelligence received by Congress, as he may judge proper, those only excepted which Congress may specially require to be
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kept secret, [in which cases he shall make previous application to Congress.]1
[Note 1: 1 This report, in the writing of Hugh Williamson, except the words in brackets, which are in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 25, II, folio 139. The motion, in the writing of James Madison, of which the report embodies the substance, is in 36, I, folio 435. It was made November 21.
The resolution was also entered in the manuscript Secret Journal, Foreign Affairs.]
War Office, Novr 23rd 1782.
Sir,
The request of Doctor Tucker referred to me involves three questions.
The first is whether he is entitled to half pay allowed to other retiring hospital officers of his rank--the second whether he is entitled to pay for his attendance on the hospital in Virginia, and the third what allowance will be made for his expences while attending the sick in Charlestown.
There cannot be a doubt with respect to the first. The resolves of Congress of the 17th. of January 1781 fully secure to him the half pay allowed to other officers of his rank as he was not deranged until the 15th. of May following.
On the second question I would observe that by the resolves of Congress passed May 15th., 1781, it is ordered that all officers of the Medical department appointed under the directorship of Doctor Olyphant who were then in captivity in South Carolina and Georgia, and had the charge of sick prisoners in those States be continued in their respective offices as heretofore--and be considered as vested with the same privileges and emoluments as they had enjoyed before their captivity, to extend no farther than to the troops and hospitals within the enemy's lines.
The Continental Hospitals on the first of July, 1781, removed from Charlestown to Williamsburg in Virginia. The hospital was there continued under the care of Doctor Tucker by order of the Marquis de la Fayette as the sick could not at that time be removed into the country. The Commander in chief, on his arrival in Virginia, directed the gentlemen in the Medical Department from South Carolina to do duty in the general hospital at Williamsburg. These are facts which appear from the enclosed papers.
With respect to the last question which relates to an allowance for the extraordinary expences while detained in Charlestown attending the hospital, I suppose they were necessarily great, but he has not rendered any account of them.
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On the whole of his request I beg leave to submit to the consideration of Congress the following draft of a resolve,
That Doctor Thomas T. Tucker, late a senior Surgeon of the hospital under the directorship of Doctor Olyphant, enjoy all the emoluments of his office from the date of his appointment to the time he retired from actual service in the hospital in Virginia, and that a reasonable compensation be made him for his extra expences while acting as senior Surgeon in Charlestown after its surrender.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folios 39--43. It is indorsed: Recommitted that the secretary may include in the resolution all those in similar circumstances and to report a reasonable allowance for expenses while in Charlestown.]
Ordered, That a letter of the 25th November from the Secretary at War respecting one hundred seventy prisoners from Canada, chiefly women and children, expected in Town on the way to their several homes, be referred to the Superintendent of Finance and Secretary at War to take order.2
[Note 2: 2 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.]
Resolved, That as it appears to Congress that the Honble Henry Laurens, Esq., Commissioner to the Seven United Provinces, was committed to the Tower of London not as an Enemy but a Traitor, and that he was afterwards liberated as Sir Guy Carleton declares, "He had been enlarged and discharged from all engagements without any condition whatever"; And as it is generally known that the conduct of Earl Cornwallis during his command has been remarkably cruel and barbarous, Congress are under no obligations to liberate any British Officer in return for the liberation of Mr. Laurens, much less an Officer of Lord Cornwallis's character whose path has foot steps have been stained by the blood of innocent Citizens; wherefore Congress cannot ratify the exchange of Lord Cornwallis proposed to be made by their Minister at the Court of Versailles.3
[Note 3: 3 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, III, folio 457. It is indorsed: "Motion of Mr. Williamson to postpone Mr. Madison's motion and take up the enclosed. Nov. 25, 1782. Got rid of by dividing the question. The motion of postponing Mr. M's motion lost, only six states being in affirmative." See ante, November 22, for Madison's motion.
On this day, according to the indorsement, a letter from General Washington, dated Head Quarters, November 19, was read, transmitting copy of information from Lieutenant Governor Bowen of Rhode Island. It was referred to Mr. [Samuel] Osgood, Mr. [Daniel] Carroll, Mr. [John] Rutledge. It is in No. 152, XI, folio 29.
Also, a letter of November 25, from the Secretary at War, inclosing an extract of a letter from the Commander in Chief, on the subject of the promotion of Colonel Dayton and others to the rank of Brigadier, which was referred to Mr. [Daniel] Carroll, Mr. [Samuel] Osgood, Mr. [Richard] Peters. The Secretary's letter is in No. 149, I, folio 663 and that of Washington on folio 661.]
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