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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, FEBRUARY 28, 1783
Congress resumed the consideration of the report of the committee, which was under debate on the 25 and 26 instant; and on the question to agree to the first part thereof, as amended, relating to officers now in service, the yeas and nays being required by Mr. [Theodorick] Bland,
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There being only seven states in the affirmative, a question was moved by Mr. [Theodorick] Bland, seconded by Mr. [James] Madison,
" Is the proposition on which the question was just taken, for allowing a composition for half-pay an appropriation of money within the meaning of confederation of a proposition which requires the assent of nine states?.1"
[Note 1: 1 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 36, II, folio 41.]
And on this question, the yeas and nays being required by Mr. [Theodorick] Bland,
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So it was resolved in the affirmative; and consequently the foregoing question was lost.1
[Note 1: 1 A motion appears to have been offered by Mr. [David] Ramsay, seconded by Mr. [Hugh] Williamson, "That the sense of Congress be taken whether the question is carried in the affirmative." It is indorsed on Bland's motion in the writing of Hugh Williamson and is in the Papers of the Continental Congress, No. 36, II, folio 41.]
The committee, consisting of Mr. [Hugh] Williamson, Mr. [Eliphalet] Dyer and Mr. [Silas] Condict, to whom was referred a letter of 18 from the Secretary for Foreign affairs, made a report; Whereupon,
The Committee to whom was referred a letter from the Secty. for foreign affairs respecting the franking of letters observe that by the ordinance for regulating the Post office dated October 14th. 1782, it is provided, that all letters on public service to the Heads of the Departments of Finance of War and of foreign affairs shall pass and be carried FREE of postage. Those letters however which include their private correspondence are not declared to be free. But as the rank of those officers must inevitably expose them to be troubled with many letters, which may not properly belong to the business of their Departments, and as many letters on public service may not be properly endorsed your Committee presume, that the Postmaster General or his assistant will deliver all letters directed to the Heads of Departments of Finance of War and of foreign affairs as if they were marked on public Service, leaving it to them to account for such letters as they may find are not free according to the Spirit of the
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ordinance. With respect to letters from the Heads of those Departments, the Ordinance also provides that they shall be free, provided they are on public Service of which the writers alone can judge. Your Committee therefore presume that it is indifferent whether the officers referred to endorse their letters with the words Public Service or with the word Free, their name being subscribed, as it cannot be supposed that they would declare letters to be free which ought to be charged. The Postmaster General or his assistant should therefore pass letters free, which are marked in either manner. On the whole your committee beg leave to report; that it is not necessary at present to make any alteration in the Ordinance for regulating the Post Office.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 25, II, folio 183.]
Resolved, That all letters to and from the heads of departments, on public service, are free, and ought not to be detained for want of the words On public service, endorsed.
The Committee for the week [Mr. William Hemsley, Mr. Benjamin Hawkins and Mr. Phillips White] report, That the petition and remonstrance of Colo Daniel Broadhead, so far as relates to the injuries and expences which he says he has been subjected to, from actions at law commenced against him in the courts of Yoghughena and afterwards in the courts of Westmoreland for posting some of the troops in an out house contiguous to Fort Pitt claimed by private persons and taking a range for the security of the post, and the health and supplies of the garrison for confining a number of disaffected persons in the guard house, and for taking such measures as appeared to him necessary for the defence of the post where he commanded.
For money expended in conciliating the minds of the western Indians, and his attendance upon trial before a general Court Martial in Philadelphia be referred to the Secretary at War.
That part of the aforesaid petition and remonstrance which relates to the loss of a number of vouchers which he had taken for the expenditure of public money, be referred to the Superintendant of Finance.2
[Note 2: 2 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress, No. 32, folio 451. The indorsement states that it was passed on this day.]
The Committee for the Week [Mr. William Hemsley, Mr. Benjamin Hawkins and Mr. Phillips White] report, That the letter of Ephr.
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Blain Esqr dated Philadelphia 25th. Feby, 1783, to his Excellency the President of Congress requesting Congress would pass a resolve to empower the Commissioner now settling the accounts of the Commissaries Department, to allow a Commission of 2 per cent upon all purchases made by the Deputy Commissaries.
To allow his travelling expences or make such other provisions as may appear to them just and reasonable; as he had expended his salary which was allowed him for the year 1780 in the Winter and Spring of that year. And to make him some acknowledgement for his Services and the very considerable expence he was at in forwarding a quantity of rum to the Army shipping 300 some odd hhds of sugar and the management of that business both in Boston and Philadelphia be referred to a special committee.1
[Note 1: 1 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress, No. 32, folio 453. It is undated, but Blaine's letter, dated February 25, is in No. 41, I, folio 447, and the indorsement shows that it was read on this day and referred to Mr. [John Lewis] Gervais, Mr. [Oliver] Wolcott and Mr. [Richard] Peters. On July 23, 1783, the committee was renewed, as shown by the indorsement and by Committee Book No. 186, the members of the new committee being Mr. [Richard] Peters, Mr. [Hugh] Williamson and Mr. A[rthur] Lee. This committee reported January 2, 1784.]
The Committee of the week [Hr. William Hemsley, Mr. Benjamin Hawkins, Mr. Phillips White] report, That the Memorial of Colo. Israel Shreve requesting pay and rations for the Month of Feby, 1781, be referred to the Secretary of War.2
[Note 2: 2 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress, No. 32, folio 455. It is undated, but Col. Shreve's memorial is in No. 41, IX, folio 215, and is indorsed as having been read on this day and referred to the Secretary at War.]
The committee of the week [Mr. William Hemsley, Hr. Benjamin Hawkins, and Mr. Phillips White] report: That the letter from Captain Job Sumner dated New Windsor February 18, 1783, to his Excellency the President of the Congress with its enclosures be referred to the Secretary of War.3
[Note 3: 3 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress, No. 32, folio 457. It is undated, but Committee Book No. 186, shows that Sumner's letter was referred to the Secretary at War on this day.]
The committee of the week [Mr. William Hemsley, Mr. Benjamin Hawkins, and Mr. Phillips White] report: That the memorial of Charles Mortimer of Virginia, Doctor of Physic, praying payment of his account, and the usual wages and rations allowed to others, for
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attending the hospital at Fredericksburg for nine months, be referred to a special committee.1
[Note 1: 1 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress, No. 32, folio 449. The indorsement gives it this date. The memorial is in No. 41, VI, folio 287. It was referred, the indorsement states, to Mr. [John Lewis] Gervais, Mr. [Hugh] Williamson, and Mr. [Theodorick] Bland. According to the record in Committee Books No. 186 and No. 191, a report was delivered March 17, and acted on, March 26.]
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