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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 --FRIDAY, MAY 2, 1783
On the report of the committee, to whom was re-committed the remainder of their report on the memorial of Oliver Pollock:
Upon the last clause in the report of the Committee on the account of Oliver Pollock, re-committed, the committee offer the following resolution:
Resolved, That the Superintendant of finance inform himself, as soon as may be, whether the governor or treasurer of New Orleans hold the United States accountable for seventy-four thousand and eighty-seven dollars, supplied by a former governor to Oliver Pollock, and by him charged to these United States: that in the mean time no part of the balance which shall appear to be due to the said O. Pollock, over and above the aforesaid sum of 74,087 dollars, shall be detained from him on account of the resolution of the 7th day of November, 1781; and that the Superintendant of finance take order for payment of the said balance, as soon as the situation of the finances will permit.2
[Note 2: 2 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress, No. 50, folio 303. See ante April 10.]
On the report of a committee, consisting of Mr. [Theodorick] Bland, Mr. [Alexander] Hamilton and Mr. [Richard] Peters, to whom were referred a memorial of Major Villefranche
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and Captain L'Enfant, and a memorial of Lieutenant Colonel Cambray:
The Committee [Mr. Theodorick Bland, Mr. Alexander Hamilton, Mr. Richard Peters] to whom were referred the letters of the Commander in Chief of theandtogether with the memorials of Major Villefranche and Capt: L'Enfant, beg leave to report,
That the long and meritorious services of those two officers in the important department in the army in which they have acted, and the proofs which they have produced of the Commander in Chief's entire and perfect approbation of their conduct, as well from his own observation as the testimonials of other Genl. Officers under whom they have more immediately served with distinguished skill and bravery, entitles them to the notice of Congress, and the promotion which they have requested as the most important reward for their services, and strongest proof Congress can give of their approbation. The peculiar situation of that corps with respect to rank and promotion your Committee also conceive to be an additional reason for granting them promotion, and therefore submit the following:
Resolved, That Major Villefranche of the Corps of Engineers be promoted to the rank of Lt: Col. of that corps to take rank as Lt: Col. from the date of this resolution.
Resolved, That Capt: L'Enfant of the Corps of Engineers be promoted to the rank of Major in that corps, to take rank as Major from the date of this resolution.
Provided, that no additional emoluments shall accrue to the several officers aforesaid in these promotions, other than those they have been heretofore entitled to.1
[Note 1: 1 This report, in the writing of Theodorick Bland, except the last paragraph, which is in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 19, VI, folio 429. The last paragraph is on folio 425.-1]
Resolved, That Lieutenant Colonel Cambray, of the corps of engineers, be promoted to the rank of colonel by brevet.
That Major Villefranche, of the said corps, be promoted to the rank of lieutenant colonel by brevet; and that Captain L'Enfant, of the said corps, be promoted to the rank of major brevet:each of the aforesaid officers to take rank in the corps aforesaid from the date of this resolution, provided that no emoluments shall accrue to the said
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officers on these promotions other than these they have bee heretofore entitled to.
On motion of Mr. [Alexander] Hamilton, seconded by Mr. [James] Wilson:
Whereas it is the desire of Congress, when the reduction of the army shall take place, to enable the officers and soldiers to return to their respective homes with convenience and satisfaction; for which purpose it will be indispensable to advance them a part of their pay before they leave the field: and whereas, at the present juncture, there are many other engagements for which the public faith is pledged, and the punctual performance of which is essential to the credit and welfare of the United States; neither of which important objects can be effected without the vigorous exertions of the several states in the collection of taxes; therefore,
Resolved, That the respective states be called upon in the most earnest manner to make every effort in their power to forward the collection of taxes, that such a sum may without delay be paid into the common treasury, as will be adequate to the public exigencies; and that Congress confidently rely for an immediate and efficacious' attention to the present requisition upon the disposition of their constituents, not only to do justice to those brave men who have suffered and sacrificed so much in the cause of their country, and whose distresses must be extreme, should they be sent from the field without the payment of a part of their well earned dues; but also to enable Congress to maintain the faith and reputation of the United States, both which are seriously concerned in relieving the necessities of a meritorious army, and fulfilling the public stipulations.
Resolved, That as an additional mean of accomplishing the same end a further application be immediately made to his Most Christian Majesty to induce him to add three millions of livres to the six millions already granted in part
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of the loan of four millions of dollars requested by the resolution of the 14th day of September, 1782. And that his said Majesty be informed that Congress will consider his compliance in this instance as a new and valuable proof of his friendship peculiarly interesting in the present conjuncture of the affairs of the United States, and will apply part of the requisitions now subsisting upon the several states to the repayment of the said three millions.
Resolved, That the Superintendant of finance be directed to take the necessary arrangements for carrying the views of Congress into execution; and that he be assured of their firm support towards fulfilling the engagements he has already taken, or may take on the public account during his continuance in office.1
[Note 1: 1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 36, II, folio 69.
It was also entered in the manuscript Secret Journal, Foreign Affairs.]
On the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Ralph] Izard and Mr. [James] Madison, to whom were referred sundry papers and memorials on the subject of literary property:
The committee, consisting of Mr. [Hugh] Williamson, Mr. [Ralph] Izard and Mr. [James] Madison, to whom were referred sundry papers and memorials from different persons on the subject of literary property, being persuaded that nothing is more properly a man's own than the fruit of his study, and that the protection and security of literary property would greatly tend to encourage genius, to promote useful discoveries and to the general extension of arts and commerce, beg leave to submit the following report:
Resolved, That it be recommended to the several states, to secure to the authors or publishers of any new books not hitherto printed, being citizens of the United States, and to their heir or assigns executors, administrators and assigns, the copyright of such books for a certain time, not less than fourteen years from the first publication; and to secure to the said authors, if they shall survive the term first mentioned,
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and to their heirs or assigns executors, administrators and assigns, the copyright of such books for another term of time not less than fourteen years, such copy or exclusive right of printing, publishing and vending the same, to be secured to the original authors, or publishers, or their assigns their executors, administrators and assigns, by such laws and under restrictions as to the several states may seem proper.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 24, folio 91. Joel Barlow's letter of January 10 on the subject is in No. 78, IV, folio 369.]
[Motion of Mr. Eliphalet Dyer, seconded by Mr. Jonathan Arnold, May 2, 1783. Referred to Mr. Stephen Higginson, Mr. Abraham Clark, Mr. John Lewis Gervais.]
Resolved, That the several states who in consequence of a resolution of Congress of theday ofADhave settled with, paid, or secured to the officers and soldiers of their respective lines the several sums due to them for their services in the army of the United States since August, 1780, be authorised to exhibit the account of such settlement payments or securities to the Superintendant of Finance who is directed to allow the same to the amount of what he may find due, according to the rule adopted in settling with the lines of the other states and to give securities to such states respectively, who have paid or secured the same since August 1780 to the 1st of January, 1782 or for payable in the same August 1780 to the 1st January, 1782 or for manner as to those of the lines of the other states for the same time.2
[Note 2: 2 This motion, in the writing of Eliphalet Dyer, is in the Papers of the Continental Congress, No, 36, II, folio 73.]
The Superintendant of Finance to whom was referred the memorial of John Kirk begs leave to report:
That admitting the facts set forth in the memorial to be true it appears that rum was taken from him for the public use the value of which was a certain sum in the then current paper money and that this money and other paper money were invested in the purchase of bills from Genl. Lincoln. It appears therefore that the original claim of the memorialist was adjusted and that his only claim now must be on the bills of exchange. It appears further that the memorialist is dissatisfied with the value of those bills as adjusted at the Treasury of the United States. But it is necessary that there be some final settlement of accounts which cannot take place if special applications of individuals are permitted to subvert the
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general arrangements Tho the case of the memorialist seems undoubtedly to be a very hard one but that the taking of it up by Congress would open a door to claims from various quarters which tho not equally entitled to attention could then no longer be with any degree of propriety opposed.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, II, folio 351. The indorsement indicates that it was delivered, entered and read April 23, and referred on this day to Mr. [John Lewis] Gervais, Mr. [Thomas] FitzSimons and Mr. [Stephen] Higginson.]
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