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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, AUGUST 15, 1783
A letter, of August 12th, from Major General R. Howe, enclosing the proceedings of a general court-martial, on the trials of Serjeants Nagle and Morrison, for mutiny, having been read,2
[Note 2: 2 Howe's letter is in the Papers of the Continental Congress, No. 38, folio 105. According to the indorsement, it was read in Congress August 14.]
Resolved, That the President inform Major General Howe, that it is the pleasure of Congress, that the execution of the sentences against the several offenders who have been tried for convicted of mutiny by the general court-martial now sitting at Philadelphia, be suspended, until the further order of Congress ten days after a full report of all the proceedings of the said court-martial respecting the mutiny, shall have
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been laid before Congress, [of which the President shall give General Howe official information].1
[Note 1: 1 Here Charles Thomson resumes the entries in the Journal.
This resolution, in the writing of James Duane, except the words in brackets, which are in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 36, II, folio 213. According to the indorsement, it was the motion of Mr. [James] Duane, seconded by Mr. [Richard] Peters, and was made August 14, Indorsed upon it, in the writing of Elias Boudinot, is the following:
"Resolved, That the considerations of the proceedings of the court martial be postponed till Congress shall have received the whole proceedings of the court before them, and shall have taken order thereon, and that in the mean time all executions of sentences already given by the court be suspended."]
Commonwealth of Massachusetts
By His Excellency John Hancock Esqr. Governor of the [Seal] Commonwealth of Massachusetts
To all unto whom these Presents shall come Greeting
Whereas the General Court of the Commonwealth aforesaid did on the Sixth day of June Ao. D1. 1782, agreeable to the Constitution of said Commonwealth appoint The Honble Elbridge Gerry Esqr. a Delegate to represent this Commonwealth in the Congress of the United States of America
Now therefore Know Ye That I do by these Presents and in pursuance of the said Appointment Commission the said Elbridge Gerry Esq. to represent this Commonwealth in Congress and Vest him with all and singular the Powers and Authorities to the said Office or Place of Delegate belonging by Virtue of the Constitution of this Commonwealth and the Appointment aforesaid. And to hold said Office until the fifth day of November 1783 And the said Elbridge Gerry Esqr. is hereby required to observe the Instructions which from time to time shall be given to him by the General Court of this Commonwealth.
In Testimony whereof I have caused the Public Seal of the Commonwealth aforesaid to be hereto affixed.
Witness John Hancock Esqr. Governor as aforesaid.
Dated at Boston the Nineteenth day of June in the Year of Our Lord One thousand Seven Hundred and Eighty three And in the Seventh Year of the Independence of the United States of America.
John Hancock2
[Note 2: 2 The original is in the Papers of the Continental Congress Massachusetts, Credentials of Delegates. It was entered in No. 179, Record of Credentials, as "Registered, August 15, 1783."]
By His Excellency's Command
John Avery Secy
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Office Of Finance, 12th August, 1783.
Sir
Enclosed are the letters of 16th and 18th June from Benjn. Stelle, Esqr., Commissioner for settling the Accounts of Pennsylvania, which have been referred to me. These, together with a Letter from that Gentlemen to me of the tenth of May, were transmitted to the Comptroller of the Treasury, who has lately returned them with his Observations. I have now the lienor to enclose for the Inspection of Congress the whole of that Commissioner's Questions, in a collective Point of Light, and have subjoined an Answer which is transmitted to him. The Reflection which will naturally suggest itself on this Occasion is, that however difficult it may be to draw Instructions for such complicated Business as the Settling of our old Accounts, another great Difficulty consists in causing them to be read with Attention; and after all it is easier to make men read, than to make them think. There is however, among the Commissioner's Questions to me, one which Congress alone can Answer in the Affirmative, Viz. "Are Charges for Buildings, Fences, Wood, &c., damaged or destroyed by continental Troops or Militia to be allowed?" Considering the Extent and Magnitude of this Object, on the one Hand, and, on the other, what serious Injuries have been sustained by some Individuals, the question is equally intricate and important. No answer has been yet given altho' not unfrequently agitated, as the Journals will testify. Whether Congress will leave it on the present footing, or order such Damages to be allowed, or (making a Distinction between wanton Devastation and necessary Impressure) leave the Officer to Account in one Case and the Public in another, or finally whether they will take a Course between all these, and order the Accounts to be liquidated and reported but the Ballances not to be finally allowed and Certificates given until their further Order, are Questions which it is in their Wisdom to determine, by that extensive View of Things which they possess.
While I am on the Subject of these Accounts, I will take the Liberty to mention a Matter which has been suggested from another Quarter, and which it is my Duty to lay before Congress. The Accounts of the Secret and the commercial Committees of Congress are far from being inconsiderable, either as to their Nature or Magnitude. They are involved with others, and have extended themselves to different Parts of the United States, and to Europe and the West Indies. They are more particularly connected with the Marine
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Accounts than with any others, but the Settlement of them is highly necessary. Whether Congress may think it most advisable to empower the Commr. for settling the Marine Accounts to settle these also, or whether they will appoint a Coramr. for that express Purpose, they alone can determine.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, Il, folio 779.
According to the indorsement, and to the record in Committee Books No. 186 and No. 191, it was referred, on August 15, to Mr. [Abraham] Clark, Mr. [Arthur] Lee and Mr. [Elbridge] Gerry. This committee's report, delivered November 4, was committed, on January 12, 1784, to Mr. [Richard Dobbs] Spaight, Mr. [Elbridge] Gerry and Mr. [Arthur] Lee, and on February 13, Mr. [John] Beatty and Mr. [Roger] Sherman were added to the committee. Their report was delivered April 13, 1784.]
The Committee of the week [Mr. Ezra L'Hommedieu, Mr. Abiel Foster and Mr. James Wilson] report, that the Petition of George Ingels, Thomas Biggs and others in the Department of Military Stores, praying a compensation for the Depreciation of their pay,
Report that it lay on the table.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 19, III, folio 257.
The indorsement states that it was passed this day. The petition is in No. 42, VI, folio 73. It is dated Philadelphia, July 7, 1783.
On this day, as the indorsement indicates, a letter of August 10 from Captain Winthrop Sargent, aide-de-camp to General Robert Howe. relative to his promotion, was read and referred to Mr. [Theodorick] Bland, Mr. [John Francks] Mercer and Mr. [Samuel] Holten. It is in No. 78, XXI, folios 319--321. General Howe's letter, of August 12, on the same subject, is on folio 325. According to Committee Book No. 191, a report was delivered August 25. See post, August 28.]
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