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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, MAY 26, 1783
On the report of a committee, consisting of Mr. [Nathaniel] Gorham, Mr. [Thomas] Fitzsimmons and Mr. [Benjamin] Hawkins, to whom was referred a letter of 15, from the Superintendant of finance, announcing the decease of Robert Smith, late agent from the United States at the port of Havannah:
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The Committee to whom was refered the Letter of the 15 inst from the Superintendant of Finance respecting the appointment of an Agent at Havana, beg leave to report,
That in their opinion it is highly necessary an agent should immediately be appointed for that service.1
[Note 1: 1 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress, No. 19, IV, folio 397. The letter of the Superintendent of Finance is on folio 401.]
Resolved, That another agent be appointed for that service.
Ordered, That to-morrow be assigned for the election.
On motion of Mr. [Alexander] Hamilton, seconded by Mr. [Ralph] Izard,
Whereas by the articles agreed upon on the 30 of November last by and betweenRichard Oswald Esqr. the commissioners of the United States of America in behalf of his said Majesty on the one part, and John Adams, Benjamin Franklin, John Joy and Henry Laurens, four of the commissioners of the said States for Majesty on their behalf, on the other part, to be inserted concluded between the Crown of Great Britain and the said United States, the commissioners of the United States of America for making peace, and the commissioner on the part of his Britannic Majesty, it is stipulated,
That his Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States, and from every port, place and harbour within the same: and whereas a considerable number of negroes belonging to the citizens of these states, have been carried off therefrom, contrary to the true intent and meaning of the said articles:
Resolved, That copies of the letters between the Commander in Chief and Sir Guy Carleton, and other papers on this subject
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be transmitted to the ministers plenipotentiary of these states for negotiating a peace in Europe; and that they be directed to remonstrate thereon to the Court of Great Britain, anduse their utmost endeavors to obtaintake proper measures for obtaining such reparation as the nature of the case will admit.
Ordered, That a copy of the foregoing resolve be transmitted to the Commander in Chief; and that he be directed to continue his remonstrances to Sir Guy Carleton, respecting the permitting negroes belonging to the citizens of these states to leave New York, and toendeavor to prevail with him to discontinueinsist on the discontinuance of that measure.1
[Note 1: 1 This motion, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 36, II, folio 129. It was also entered in the manuscript Secret Journal, Foreign Affairs.]
On motion of Mr. [Alexander] Hamilton, seconded by Mr. [Stephen] Higginson,
Resolved, That the Commander in Chief be instructed to grant furloughs to the non-commissioned officers and soldiers in the service of the United States, inlisted to serve during the war, who shall be discharged as soon as the definitive treaty of peace is concluded, together with a proportionable number of commissioned officers of the different grades; and that the Secretary at War and Commander in Chief take the proper measures for conducting those troops to their respectivestateshomes, in such a manner as may be most convenient to themselves, and to the states through which they may pass; and that the men thus furloughed be allowed to take their arms with themthe resolution of to the contrary notwithstanding.2
[Note 2: 2 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, II, folio 131. A note on the motion says: "made by Col. Hamilton, 2d by Mr. Williamson."]
On motion of Mr. [Hugh] Williamson, seconded by Mr. [Benjamin] Hawkins,
Resolved, That the commanding officer in the southern department be also instructed to grant furloughs to the
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troops under his command, from the State of North Carolina, who have been inlisted to serve fora certain named space of timethe term of eighteen months, [together with a proportionable number of commissioned officers of the different grades]; and that the Secretary at War, in conjunction with the commanding officer, take measures for conducting such troops to their respective homes.1
[Note 1: 1 This motion, in the writing of Hugh Williamson, except the portion in brackets, which is in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 36, II, folio 133. The following, undated, also in Williamson's writing, probably refers to this motion; it is in No. 36, IV, folio 389:
"To be disposed of as the commanding officer of the Southern department shall direct."]
The Committee [Mr. John Lewis Gervais, Mr. Thomas FitzSimons, Mr. Stephen Higginson] to whom was referred the report of the Superintendant of Finance on John Kirk's memorial submit the following observations to the consideration of Congress:
That according to a certificate from the Deputy Commy. of purchases produced to your Committee, it appears that thirteen hogsheads of rum containing 1440 gallons were taken by impress from the memorialist on the 13th April 1779; That having received no payment for said rum, he was at last obliged on the 3rd June 1780 after the surrender of Charlestown to take a bill of exchange from General Lincoln for 34446 dols. being the value of the rum in 1779, which bill was accepted by the Board of Treasury under an act of Congress of the 23rd. March 1780, which entitled him to receive payment in loan office certificates, but these not having been applied for as the Comptroller believes he reduced the same to specie value according to an Act of Congress of the 23rd July, 1781. During this enquiry your Committee find that the amount of bills drawn by General Lincoln from the 29th January to the 12th June 1780 and which have been presented amount to 5,256,553 45/90 Dollars. That 1,999,840 30/90 Dols. have been paid in cash or in loan office certificates. That 466,413 75/90 are passed to the credit of the holders under the title of funded debts, and certificates given for the specie value according to the table of depreciation made by the British police at Charlestown. That 2,790,299 30/90 remain in the hands of the holders, and is neither paid nor funded but reduced to specie value in like manner according to the British table of depreciation, among which number are the above bill of Mr. Kirk for 35446 Dol. at about 80 for one, and another bill for 11400 Dols. which he purchased of General
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Lincoln dated 22 April 1780 settled at about 74 for one. From this state it is evident that the holders of General Lincoln's bill are not put upon an equal footing. According to an act of Congress of the 18th of June 1780, the loan office certificates issued from and after the 18th March 1780 are to be paid in Specie at 40 for one, and those bills under the table of funded debts, as also those that remain unfunded are settled some of them at eighty for one, contrary as your committee conceive to the act of Congress of the 23rd. March 1780 under which said bills were accepted, as it could not be the intent of the resolution of the 23rd. July 1781 that the holders of those bills which remained unpaid should receive less value than those that had been paid previous to it. But your committee are of opinion that it would be improper to grant any partial relief. At the same time in order to put the holders of the aforesaid bills on an equality your committee recommend the following Resolve,
That all the bills drawn by General Lincoln while commanding officer in the Southern Department be paid or funded at the same specie value as loan office certificates of the same dates are rated at, any resolution to the contrary notwithstanding.1
[Note 1: 1 This report, in the writing of John Lewis Gervais, is in the Papers of the Continental Congress, No. 19, III, folio 365. The indorsement states that it was delivered on this day.]
[Mr. Eliphalet Dyer's motion May 26, 1783, referred to Mr. Eliphalet Dyer, Mr. Abraham Clark, Mr. Hugh Williamson.]
That all promotions hereafter made in the army of the U. S. shall, in consideration of the cessation of Hostilities, be considered only as Honorary, but not entitle those promoted to any additional pay or emoluments on account thereof.2
[Note 2: 2 This motion, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 21, folio 359. The following motion, undated, also in Abraham Clark's writing, is in No. 36, IV, folio 79, and seems to belong to this period:
Resolved, That it be recommended to the several States to make such provisions as they shall think proper in lieu of pay and subsistence to the officers of their states retiring under the foregoing resolutions who shall not be employed in the Staff department as aforesaid until called into service with their proper command. That the said 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.
Also, the following, undated, in the writing of Alexander Hamilton; it is in No. 36, IV, folio 365:
Resolved, That the officers at present holding brevet commissions in the army be entitled to the pay and emoluments of the ranks which they respectively hold.]
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The committee [Mr. Daniel Carroll, Mr. Nathaniel Gorham, Mr. Arthur Lee, Mr. Phillips White, Mr. John Francis Mercer] appointed to consider the letter from Thomas Chittenden, Esq., and the other papers relative to the territory called Vermont,
Report, that it will be proper for Congress to determine whether the inhabitants of that district commonly called Vermont shall be admitted into Foederal union as a seperate State, after which it may be proper to consider what further steps should be taken respecting the matters referred to in the different papers that have been referred to them.1
[Note 1: 1 This report, in the writing of Nathaniel Gorham, is in the Papers of the Continental Congress, No. 40, II, folios 412 and 420. The indorsement shows that it was delivered this day, and Committee Book, No. 186, gives it the same date. See ante, February 4.]]
Resolved, That the Commissioner for settling the accounts of the Hospital department be and he is hereby authorized and directed to audit and settle the accounts of Dr. Jonathan Arnold, as Assistant deputy director in the Eastern Department from 7th January, 1778, to May 9th, 1779, as well for all supplies and expenditures as for pay and rations, and that he also settle the accounts of all those who were necessarily employed in hospital service by the said Dr. Arnold within the term aforesaid. That their pay and other allowances be the same as by the resolutions of Congress are allowed to those of similar stations in the Hospital Department. And that the said commissioner allow in such settlement for depreciation upon all advances and sums due to each respectively, with an interest of six per cent. per annum from the times they became due.2
[Note 2: 2 This motion, in the writing of Jonathan Arnold, is in the Papers of the Continental Congress, No. 42, VI, folio 485. The indorsement gives it this date. It was referred to Mr. [Oliver] Ellsworth, Mr. [Hugh] Williamson, and Mr. [John Lewis] Gervais. See post, June 10, 1783.
On this day, as the indorsement indicates, was read a letter of May 26, from the Secretary at War, enclosing a letter from General Washington, on the subject of Captain Segond's promotion. The Secretary's letter is in No. 149, II, folio 549, and Washington's on folio 545. They were referred to Mr. [Thomas] Mifflin, Mr. [John Francis] Mercer and Mr. [Alexander] Hamilton. According to Committee Book No. 186, this, and other matters which had been referred to Mifflin, Mercer and Hamilton, were committed, on July 16, to Mr. [Alexander] Hamilton, Mr. [James] McHenry and Mr. [Richard] Peters; and, on July 30, the committee was again renewed, and the business committed to Mr. [James] McHenry, Mr. [Richard] Peters and Mr. [James] Duane.
Also on this day was read a letter of May 21 from General Washington, enclosing an address, dated May 1, from the Sergeants of the Connecticut Line. It is in No. 152, XI, folio 287, and was referred to Mr. [Theodorick] Bland, Mr. [Hugh] Williamson, and Mr. [Nathaniel] Gorham. According to Committee Book no. 186, they made a report June 4.]
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