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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, JULY 28, 1783
An address from the citizens of Philadelphia, and the liberties thereof, having been received and read:
The Committee, consisting of [Mr. Hugh Williamson, Mr. James Duane, Mr Stephen Higginson, Mr. Arthur Lee, Mr. Ralph Izard] to whom was referred the address of the citizens of Philadelphia and the liberties thereof beg leave to submit the following resolve:
Resolved That the President inform the citizens of Philadelphia, and its liberties, in answer to their respectful and affectionate address, that the United States in Congress assembled have the highest great satisfaction in reviewing the spirited and patriotic exertions which have been made by the government and citizens of Pensylvania, in the course of the late glorious war; and that they are highly pleased with the resolution expressed by the citizens of Philadelphia, to aid in all measures which may have a tendency to support the national honor and dignity.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 20, II, folio 159.]
On motion, Resolved, That the President inform the Commander in Chief, that his attendance at Congress is requested as soon as may be convenient, after his return from the northward.
On the report of a committee, consisting of Mr. [Stephen] Higginson, Mr. [William] Ellery and Mr. [Hugh] Williamson, to whom was referred a letter of the 14 instant from the supreme executive council of Pensylvania, together with all the letters received from them since the 21 of June, and also a letter of the 13 instant from Major-General R. Howe,
Resolved, That though Congress are disposed to extend every possible mark of humanity to the troops clemency which may consist with the honor of government and safety of the public, to those troops who were concerned in the late mutiny, they cannot take any final resolutions on that subject,
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till the commanding officer shall have finished the trials and enquiries now begun.
Resolved, That Major General Howe be informed that Congress have no objection to furloughs being granted to any of the soldiers concerned in the late mutiny, who are not supposed to have been particularly active or instrumental in the same, or whose evidence is not supposed to be essential to important towards convicting the chief offenders.
Resolved, That as the act of the 26 of May last, by which the troops that were discharged or furloughed were to be permitted to carry home their arms, originated in the high degree of confidence which Congress have ever had occasion to place in the patriotism and good disposition of the army, the soldiers concerned in the late mutiny having evinced that they are not entitled to such confidence, cannot at present be permitted to take their arms.
Resolved, That General Howe be instructed to cause such of the Eastern Troops to return to Head Quarters as may conveniently be spared from attending on the sitting of the Court Martial
Resolved, That such of the troops detached from the main army lately detached under the command of Major General Howe, as may not longer be necessary for effecting the services on which they were detached, be sent back to the main army.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 20, II, folio 157. According to the indorsement, it was delivered July 23, read and entered.]
On a letter, of the 28, from the Secretary at War:
Prince Town, July 28th. 1783.
Sir,
I beg the attention of Congress to the enclosed copy of a letter from the Superintendant of Finance, on the subject of three months pay to the officers late prisoners of war. They have from time to time, in like manner as officers in actual service, received their pay and rations, which usage leaves in my mind no doubt but they are fully within the spirit of the resolve of the 2d of May, referred to in Mr.
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Morris' letter, which opinion, if approved by Congress, I will communicate to him.1
Resolved, That such officers of the army of the United States, as were prisoners of war, in the months of February, March and April last, be considered as being within the spirit and intention of the act of Congress of the 2 of May last, which directs an advance of part of the pay due to the army.
The Committee [Mr. James Madison, Mr. Benjamin Hawkins and Mr. James Duane] to whom was referred a letter of the 20 June 1783 with the papers enclosed, Report,
That it appears from the said papers that the Legislature of the State of Maryland at their last session, directed the intendant of their Revenues, to advance five months' pay to the line of that State in the Army of the United States, without the sanction of any Act of Congress.
That in order to supply the means for this advance they at the same time revoked an Act appropriating a particular tax towards discharging requisitions of Congress, and ordered the same to be applied to the discharge of the five months' pay.
That the Superintendant of Finance has remonstrated in a letter to the executive of Maryland against so unjustifiable a proceeding: has transmitted a copy of the Act of Congress of the 1st day of Octr 1782 expressing fully their sense in the case of a similar proceeding on the part of the State of N. Jersey: and has pointed out the alarming tendency of the Act of Maryland to frustrate the late important arrangement for an advance of pay to the Army at large and to subvert the foundations of public credit.
[If Acts of Congress most essential to the common interest and grounded on authority clearly vested by the Articles of Union may be defeated by the interference of individual legislature; If actual grants and appropriations as the Quota due from a State towards the pressing burthens of the public may be revoked, and the money applied and expended without the consent or even the knowledge of Congress or their ministers, vain must be every attempt to maintain a national character or national credit.
Congress under this apprehension passed the act of the first day of October, 1782, in a case similar to the present; and on the principles there established no credit can be given to the State of Maryland
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, III, folio 105, and a copy of Morris's letter on folio 103.]
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for any advance made as aforesaid: nor to any other State for advances which may be made by them without the allowance of the United States in Congress.
These facts, in the opinion of your committee, render it the duty of Congress, as guardian of the Confederation and of the equal rights of every part of the Federal Army to
Resolve, That the legislature of the State of Maryland be called upon to take into their most serious consideration the pernicious tendency of the measure complained of by the Superintendant of the Finances.
That the State of Maryland be therefore earnestly required to pay into the public treasury the Quota so appropriated for the use of the United States by their Legislature, that Congress may be enabled to do equal justice to the army and the rest of the public creditors by adhering to the systems which they have on great considerations adopted for the common good]1
[Note 1: 1 This report, on the letter of June 20 from the Superintendent of Finance, in the writing of James Madison, except the part in brackets, which is in that of Benjamin Hawkins, is in the Papers of the Continental Congress, No. 19, IV, folio 411. It was delivered on this day and read, according to the indorsement. See ante, July 1, note.]
Prince Town July 28, 1783.
Sir,
The following report on an act of the Legislature of Virginia, entitled, "An Act directing the enlistment of Guards for the public prisons and stores," is submitted to the consideration of Congress.
That it would be inexpedient to order any of the Troops of the Virginia line, inlisted for three years, whose terms of service are not expired, to do the duty mentioned in the aforesaid act, as the definitive Treaty is hourly expected; for, after its arrival, as soon as the necessary arrangements can be made, should any Troops be kept in pay by the United States, they will probably be raised on a new establishment. Should Congress approve these sentiments, they will please to resolve,
That the number of troops proposed to be inlisted and maintained by Virginia, by an act of their Legislature of the 20th of June last, entitled an act directing the inlistment of Guards for the public prisons and stores, are not more, in the opinion of Congress, than are necessary to the end proposed, of guarding the public prisons and stores.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, III, folio 99. The indorsement states that it was delivered on this day, entered and read.]
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Whereas, it is provided in the 6th. Article of the Confederation, that no vessels of war shall be kept up in time of peace, by any state, except such number only, as shall be deemed necessary by the U. S. in Congress assembled for the defence of such state or its trade, and the delegates of the State of Virginia having applied to Congress for their approbation of two armed vessels being kept up by the said state, at its own expence for the purpose of securing her trade from smugglers.
It is therefore Resolved, That the state of Virginia may keep up at its own expence, two armed vessels for the security of her trade against smugglers defence of the trade of that state, provided that the same do not exceed the number of 14 guns, six pounders and 75 men each)
That the State of Virginia may keep up at its own expence to the number of 25 Privates with proper Officers to guard the public prisons and stores.1
[Note 1: 1 This motion, in the writing of Arthur Lee, except the part in parenthesis, which is in the writing of Elias Boudinot, and the last paragraph, which is in that of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, II, folio 195. According to the indorsement, it was made July 28, by the delegates of Virginia. See post, October 3.]
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