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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 --WEDNESDAY, FEBRUARY 26, 1783
On motion of Mr. [James] Madison, seconded by Mr. [John Francis] Mercer:
Resolved, That it be recommended to the executives of the several states, whenever any outrages unauthorised by the laws of war, shall be committed on the persons or properties of their respective citizens, by any persons in the service of the enemy, to transmit immediate information thereof to the Commander in Chief or the commanding officer of a separate army, in order that the measures may be pursued which are pointed out in the resolution of the 8th day of November, 1782.2
[Note 2: 2 This motion, in the writing of James Madison, is in the Papers of the Continental Congress, No. 36, II, folio 35.]
Congress resumed the consideration of the report of the committee, which was under debate yesterday, when a motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [Richard] Peters, that the blank in the report be filled with the words "five and a half:"
And on the question to agree to this motion, the yeas and nays being required by Mr. [Alexander] Hamilton,
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So the question was lost.
A motion was then made by Mr. [Nathaniel] Gorham, seconded by Mr. [Theodorick] Bland, that the blank be filled with the word "five:"
And on the question to agree to this motion, the yeas and nays being required by Mr. [Theodorick] Bland,
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So it was resolved in the affirmative.
Ordered, That the farther consideration of the report be postponed.
A letter, of this day, from the Superintendant of finance, was read, stating that a number of those who contracted engagements with him, place a personal reliance on him for the fulfilment of them: that as the time approaches fast when he will quit the office, namely, the last of May, as mentioned in his letter of the 24 January, he thinks it necessary to convey this information to those who have confided in him, and therefore praying that the injunction of secrecy on his letter of the 24 January, may be taken off:
Ordered, That the injunction of secrecy, aforesaid, be annulled, and that the letters be referred to a committee.1
[Note 1: 1 According to the record in Committee Books No. 186 and No. 191, Mr. [John] Rutledge, Mr. [Nathaniel] Gorham and Mr. [Oliver] Wolcott were appointed, and delivered a report March 4, which was acted upon, March 5.]
The Committee [Mr. Eliphalet Dyer, Mr. John Lewis Gervais, Mr. John Montgomery] to whom was referred the memorial of Thomas Liston Lieutenant of the late South Carolina Regiment submit the following Report,
That the case of this officer appears particularly unfortunate to your Committee; that being taken a prisoner of war in South Carolina he was sent to Virginia, from whence he came to Philadelphia; that since the later end of January he has been deprived of wood and rations because he was exchanged and because the Regiment to which he belonged had been deranged. Your committee observe with regret that the exchange of this officer, situated as he is, has proved a singular misfortune to him leaving him destitute, at a great distance
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from his friends and Connections, without the means of returning to his native Country.
Your Committee are of opinion that no officer in the Army of the United States could look upon any assistance afforded to him as partial, and therefore no inconveniency could arise from granting him some relief. From these considerations your Committee recommend, that Lieut. Thomas Liston of the late South Carolina Artillery Regiment lately exchanged be allowed six months' arrears of pay due to him, to enable him to return to South Carolina. If Congress approve the foregoing Report, they will please to Resolve,
That it be referred to the Superintendant of Finance to take order.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 579. The indorsement shows that it was delivered February 26, read and passed in the negative. See post April 24.]
[Motion of Mr. Arthur Lee, February 26, 1783, negatived.]
That a committee be appointed to consider the best mode of restraining the lawless outrages of the refugees.2
[Note 2: 2 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, II, folio 37.]
[Report on Mr. Alexander Hamilton's motion for making allowances to States. February 26, 1783, read and consideration postponed.]
The committee having considered a motion referred to them containing the following resolution:
That the several States be earnestly requested without delay to pass laws conformable to the spirit of the recommendation of the 20th December, 1782, extending the period to the conclusion of the present war,
Beg leave to report, That it does not appear to them proper that Congress should agree to the proposed resolution, because one State has formally refused to comply with the recommendation, most of the others have paid no regard to it, and the difficulties of settling such equitable abatements as are the objects of the motion, would be probably greater than the advantages that might result from them.3
[Note 3: 3 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 149, III, folio 23.]
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