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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 --THURSDAY, MARCH 6, 1783
On the report of a committee consisting of Mr. [Samuel] Holten, Mr. [Richard] Peters, and Mr. [John] Collins, to whom was referred a letter of 21 February from the Superintendant of finance, on the case of Colonel Gridley:
The committee to whom was referred the letter from the Honorable Robert Morris Esquire and the letters accompanying the same, respecting Colonel Gridley's pay, find that by a resolution of Congress of the 17th November, 1775, they engaged to "indemnify Colonel Gridley for any loss of half pay which he may sustain in consequence of his having been in the service of the United States." And that by another resolution of the 26th February, 1781, it was recommended to the State of Massachusetts to make up to Colonel Richard Gridley the depreciation of his pay as Engineer at sixty dollars per month from the time of his appointment to the first day of January, 1781, in like manner with other officers in the Continental Service, and charge the same to the United States; that from and after the said first day of January, 1781, Colonel Gridley be considered as a retiring officer and be entitled to receive from the United States four hundred and forty-four dollars and ⅖ of a dollar per annum in bills of the new emissions in virtue of the resolution of Congress of the 17th November, 1775, on the subject of his indemnification for any losses he might sustain by entering into the service of the United States; and it appears by Colonel Gridley's letter to Mr. Morris of the 5th of November, 1782, that upon his application to the said State they granted and paid the depreciation by giving their notes, and also made him a grant for the sum of £182 10/Massachusetts currency, being for eighteen months half pay; and that he had received a
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warrant on the Treasurer of the State for the said sum, but that he had not received any money upon it.
Your committee are of opinion that Colonel Gridley ought not to be considered in the same situation as other retiring officers, because Congress engaged to indemnify him for any loss of half pay, and therefore report that the letters be referred back to the Superintendant of Finance, together with this report, and that he be directed to take order thereon having regard to what has been already granted to Colonel Gridley by the State of Massachusetts on account of his half pay.
Your committee therefore conceive that the case of Colonel Gridley seems distinguishable from that of other retiring officers as he abandoned his British half pay on an agreement made by Congress to indemnify him therefor; but whether this should operate so as to entitle him to payment in preference to those who have by engaging in the American cause in the early periods of the war, put to risk their lives and fortunes, and having equally just demands have equal pledges of the public faith for payment, your committee leave to the detestation of Congress; should Congress, however, be of option that theft special agreement should be at all events complied with, they will please to resolve
Ordered, That the letter from the Superintendant of finance, respecting the half pay due to Colonel Gridley, with its enclosures, be referred back to the Superintendant of finance, and that he be directed to take order therein, having regard in settlement with Colonel Gridley, to any grants made to him by the State of Massachusetts, on account of his half pay, the same being founded on a special contract made with Colonel Gridley at the time he relinquished his half pay in the British army, to enter into the service of the United States.1
[Note 1: 1 This report, in the writing of Samuel Holten, except the last paragraph, which is in the writing of Richard Peters and Charles Thomson, is in the Papers of the Continental Congress, No. 19, II, folio 529--532.]
[Report of Mr. Richard Peters, Mr. Alexander Hamilton, and Mr.
Eliphalet Dyer.]
The committee to whom was committed the report of the Grand Committee on the memorial of Pelatiah Webster and William Judd
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on behalf of the deranged officers of the lines of Massachusetts and Connecticut submit the following resolution:
That the accounts of the officers who have retired on half pay at different periods of the war, or their representatives, be settled on the same principles with the accounts of the army as contained in the resolution of the 25 of January last.
The committee advise that the parts of their Memorial relating to an advance of money be referred to the Superintendent of Finance to take order.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 19, VI, folio 489. The indorsement states that it was read March 5 and and on March 6 negatived: ayes 5; noes, 4.]
The Grand Committee to whom was referred the Memorial of the late issuing Commissaries, beg leave to report,
That the same be referred to a special committee.2
[Note 2: 2 This report, in the writing of Eliphalet Dyer, is in the Papers of the Continental Congress, No. 19, VI, folio 489a. According to the indorsement, it was read on this day, and Committee Book No. 186 shows that it was referred to Mr. [Oliver] Wolcott, Mr. [Stephen] Higginson and Mr. T[homas] Slim] Lee, and that, April 28, the committee was renewed, the members being Mr. [Stephen] Higginson, Mr. [Richard] Peters and Mr. [Samuel] Holten.]
[Report of Mr. Nathaniel Gorham, Mr. Alexander Hamilton, Mr. James Madison, Mr. Thomas FitzSimons, Mr. John Rutledge appointed to consider the means of restoring and supporting public credit and of obtaining from the States substantial funds for funding the whole debt of the United States.]
Resolved, That it be recommended to the several States, as indispensably necessary to the restoration of public credit, and the punctual and honorable discharge of the public debts, to vest in the United States in Congress assembled, a power to levy for the use of the United States, a duty of five per centum ad valorem, at the time and place of importation, upon all goods, wares and merchandizes of foreign growth and manufactures, which may be imported into any of the said States, from any foreign port, island or plantation, except arms, ammunition, clothing and other articles imported on account of the United States, or any of them, and except wool cards, cotton cards, and wire for making them, and also except salt during the war:
Also a like duty of five per centum ad valorem, on all prizes and prize goods condemned in the Court of Admiralty of any of these states as lawful prize:
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Also to levy a duty of 1/8 of a dollar per bushel on all salt imported as aforesaid, after the war; 1/15 of a dollar per gallon on all wines; 1/30 of a dollar per gallon on all rum and brandy; 2/3 of a dollar per 112 lbs. on all brown sugars; 1 dollar per 112 lbs. on all powdered, lump and clayed sugars, other than loaf sugars; 11/3 dollar per 112 lbs. on all loaf sugars; 1/30 of a dollar per lb. on all Bohea Tea and 1/15 of a dollar per lb. on all finer India teas, imported as aforesaid [after -- in addition to the five per cent. above mentioned.]1
[Note 1: 1 The words in brackets are in the writing of Charles Thomson. On the printed copy is the following marginal note in manuscript: March 11, 1783, recommitted with the estimate of the public debt by the Superintendant of finance and that part of his letter which proposes that the impost of five per cent. ad valorem be exchanged for a tariff.]
Provided, That none of the said duties shall be applied to any other purpose than the discharge of the interest or principal of the debts which shall have been contracted on the faith of the United States, for supporting the present war, nor be continued for a longer term than twenty-five years; and provided, that the collectors of the said duties shall be appointed by the states within which Passed.2 their offices are to be respectively exercised; but, when so appointed, shall be amenable to and removable by the United States in Congress assembled alone, and in case any State shall not make such appointment withinafter notice given for that purpose, the appointment may then be made by the United States in Congress assembled.
[Note 2: 2 With slight amendment. See post, ApriI 18.]
And provided further that an account of the proceed and application of the said revenues be returned to the different states annually.3
[Note 3: 3 This paragraph is in the writing of Charles Thomson.]
That it be further recommended to the several states, to establish for a like term, not exceeding twenty-five years, and to appropriate to the discharge of the interest and principal of the Recommitted 21 March, 1783, and a report adopted in the room hereof. debts which shall have been contracted on the faith of the United States, for supporting the present war, substantial and effectual revenues of such nature as they may respectively judge most convenient, to the amount of and in the proportions following, viz.4.
[Note 4: 4 The following proportions, in the writing of Thomas FitzSimons were offered, but, apparently, not adopted. They are in the Papers of the Continental Congress, No. 26, folio 413.]
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That an annual account of the proceeds and application of the aforementioned revenues, shall be made out and transmitted to the several states, distinguishing the proceeds of each of the specified articles, and the amount of the whole revenue received from each State.1
[Note 1: 1 This paragraph is added in the report, in the writing of Charles Thomson.]
The said revenues to be collected by persons appointed as aforesaid, but to be carried to the separate credit of the states within which they shall be collected, and be liquidated and adjusted among the states according to the quotas, which may from time to time be allotted to them.
That none of the preceding resolutions shall take effect until all of them shall be acceded to by every State, after which unanimous accession, however, they shall be considered as forming a mutual compact among all the states, and shall be irrevocable by any one or more of them without the concurrence of the whole, or of a majority of the United States in Congress assembled, provided that after the unanimous accession to all the preceding resolutions, the proposed alterations in the 8th of the Articles of Confederation shall not hereafter be revoked or varied otherwise than is pointed out in the 13th of the said Articles.
That as a further mean, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress, of the 6 of September, and 10 of October, 1780, relative to territorial cessions, to make the liberal cessions therein recommended, and to the states which may have passed acts complying with the said resolutions in part only, to revise and complete such compliances.
That in order to remove all objections against a retrospective application of the constitutional rule, of apportioning proportioning to the several states, the charges and expences which shall have been
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supplied for the common defence or general welfare, it be recommended to them to enable Congress to make such equitable Negatived. exceptions and variations abatements as the particular circumstances of the states from time to time during the war may be found to require.
That conformably to the liberal principles on which these recommendations are founded, and with a view to a more amicable and complete adjustment of all accounts between the United States and individual states, all reasonable expences which shall have been incurred by the states separately without the sanction Recommitted March 27. of Congress, in their defence against, or attacks upon British or savage enemies, either by sea or by land, and which shall be supported by satisfactory proofs, shall be considered as part of the common charges incident to the present war, and be allowed as such:
That as a more convenient and certain rule of fixing ascertaining the proportions to be supplied by the states respectively to the common treasury, the following alteration in the Articles of Confederation and perpetual union between the states, be and the same is hereby agreed to in Congress, and the several states are advised, to authorize their respective delegates to subscribe and ratify the same, as part of the said instrument of union, in the words following, to wit:
So much of the eighth of the Articles of Confederation and perpetual union between the thirteen states of America, as is contained in the words following to wit:
"All charges of war," &c., (to the end of the paragraph), is hereby revoked and made void; and in place thereof, it is declared and concluded, the same having been agreed to in a Congress of the United States, that all charges of war, and [all other expences Struck out March 28. that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states,]1 in proportion to the number of inhabitants of every age, sex and condition, except Indians not paying taxes in each State; which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint; provided always, that in such numeration no persons shall be included who are deemed slaves bound
[Note 1: 1 The portion in brackets was added to the report in the writing of Charles Thomson.]
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to servitude for life, according to the laws of the State to which they belong, other than such as may be between the ages of / /1
[Note 1: 1 This report in the writing of James Madison, is in the Papers of the Continental Congress, No. 26, folios 438--440. It was presented on March 6, ordered to be printed, and the printed copy was in the members' hands on March 7. See post Madison's Notes. Printed copies are on folios 411, 412 and 413.]
War Office, March 5th. 1783
Sir,
There are many officers who have been wounded in the service of the United States, who are thereby rendered incapable of farther duty either in the field or in garrison, and who wish to retire from the army. No other provision has been made for such officers than what they may receive by annexing themselves to the Corps of Invalids.
This is distressing to the individuals and expensive to the public.
I beg leave to suggest the propriety of permitting those officers, who have been wounded in service and who wish to leave the army to retire to their respective homes with allowances proportioned in some measure to their inability.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, II, folio 315. According to the indorsement it was referred on this day to Mr. [Alexander] Hamilton, Mr. [Richard] Peters and Mr. [Daniel] Carroll. See ante, December 19, 1782, note.]
War Office March 5th 1783
Sir,
On the petition of Captain Buchanan referred to the Secretary at War, I beg leave to submit the following draught of a resolve to the consideration of Congress:
Resolved, That it be recommended to the State of New York to settle the depreciation of pay due to Captain Buchanan and charge the same to the United States.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 149, II, 323. According to the indorsement it was negatived on this day.]
War Office, March 5th 1783.
Sir,
It appears from authenticated papers lodged with me by Colonel Broadhead, that twelve or thirteen actions have been commenced, and are still pending against him in the County of Westmoreland, Pennsylvania for certain transactions to which I conceive he was authorised as commanding officer of Fort Pitt, by the resolves of Congress and instructions from the Board of War.
Congress on the 18th of April, 1780, resolved that Colonel Broadhead should be supported by them in any act or orders, which the
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nature of the service and the discharge of his duty as commanding Officer of Fort Pitt had made or should make necessary.
It appears likewise that he has expended considerable sums of money in presents to the Indians to conciliate their affections, and that he was involved in an extra expence by attending a Court-Martial in this City.
On the whole of his memorial, as referred to me, I beg leave to submit the following draught of a resolve to the consideration of Congress:
Resolved, That the Comptroller be directed to settle the accounts of Colonel Daniel Broadhead for the money he has expended in the several actions brought against him in the County of Westmoreland, for certain public transactions of his while commanding Officer at Fort Pitt, for the money he has advanced in presents to the Indians and for the necessary expences which he incurred in this City, over and above the amount of his subsistence while attending on a Court-Martial.
Should Colonel Broadhead be involved in any farther expences on the actions aforesaid,
Ordered, That he report the same to Congress.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, II, folio 327. According to the indorsement it was referred on this day to Mr. [Abraham] Clark, Mr. [Eliphalet] Dyer and Mr. [John] Rutledge.
On this day, as the indorsement indicates, was read a letter of the same date from Pierre Eugene Du Simitière, praying to have his packet of prints delivered free of postage. The indorsement adds: "prayer granted". This letter is in No. 78, XXI, folio 289.]
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