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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, OCTOBER 23, 1783
The order of the day being called for, to take into consideration the report of a committee on a military peace arrangement,
The Committee consisting of Mr [Alexander] Hamilton, Mr [James] Madison, Mr [Oliver] Ellsworth, Mr [James] Wilson and Mr [Samuel] Holten, "appointed to take into consideration the arrangements proper to be taken in case of a general peace" observe with respect to a Military peace establishment that before any plan can with propriety be adopted it is necessary to enquire what powers exist for that purpose in the Confederation.
By the 4th clause of the 6th Article, it is declared that "no vessels of war shall be kept up by any State in time of peace except such number only as shall be deemed necessary by the United States in Congress Assembled for the defence of such State or its trade, nor shall any body of forces be kept up by any State in time of peace, except such number only as in the judgment of the United States in Congress Assembled shall be deemed requisite to garrison the forts necessary for the defence of such State."
By the 5th clause of the 9th Article the United States in Congress Assembled are empowered generally and without mention of peace or war "to build and equip a navy, to agree upon the number of land forces and to make requisitions from each State for its quota in proportion to the number of white inhabitants in each State, which requisition shall be binding and thereupon the legislature of each
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State shall appoint the Regimental officers, raise the men and cloathe, arm and equip them in a soldier like manner at the expence of the United States, and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress Assembled."
By the 4th clause of the same article the United States are empowered "to appoint all officers of the land forces except Regimental officers, to appoint all officers of the naval forces, and to commission all officers whatever in the service of the United States, making rules for the government and regulation of the said land and naval forces and directing their operations."
It appears to the Committee that the terms of the first recited clause are rather restrictive on the particular states than directory to the United States--intended to prevent any State from keeping up forces, land or naval, without the approbation and sanction of the Union, which might endanger its tranquillity and harmony, and not to contravene the positive power vested in the United States by the subsequent clauses or to deprive them of the right of taking such precautions as should appear to them essential to the general security. A distinction that this is to be provided for in time of war by the forces of the Union, in time of peace, by those of each State, would involve, besides other inconveniences, this capital one, that when the forces of the Union should become necessary to defend its rights and repel any attacks upon them, the United States would be obliged to begin to create, at the very moment they would have occasion to employ a fleet and army. They must wait for an actual commencement of hostilities before they would be authorised to prepare for defence, to raise a single regiment, or to build a single ship. When it is considered what a length of time is requisite to levy and form an army and still more to build and equip a navy, which is evidently a work of leisure and of peace requiring a gradual preparation of the means, there cannot be presumed so improvident an intention in the Confederation, as that of obliging the United States to suspend all provision for the common defence till a declaration of war, or an invasion; if this is admitted, it will follow that they are at liberty to make such establishments in time of peace, as they shall judge requisite for the common safety. This is a principle of so much importance in the apprehension of the Committee to the welfare of the Union, that if any doubt should exist as to the true meaning of the first mentioned clause it will in their opinion be proper to admit such a construction as will leave the general power vested in the United States by the other clauses in full force, unless the states respectively or a
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majority of them shall declare a different interpretation. The committee however submit to Congress (in conformity to that spirit of candor and to that respect for the sense of their constituents which ought ever to characterize their proceedings) the propriety of transmitting the plan which they may adopt to the several states to afford an opportunity of signifying their sentiments previous to its final execution.
The Committee are of opinion, if there is a Constitutional power in the United States for that purpose, that there are conclusive reasons in favor of federal in preference to state establishments.
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aspect on the confidence and harmony which ought carefully to be maintained between the whole.
The Committee upon these principles submit the following plan:
The military peace establishment of the United States, to consist of four regiments of infantry and one of artillery, incorporated in a corps of engineers with the denomination of the Corps of Engineers. Each regiment of infantry to consist of two battalions, each battalion of four companies and each company of sixty-four rank and file, with the following commissioned and non commissioned officers, pay, rations and cloathing, to be however recruited to one hundred and twenty-eight rank and file in time of wax, preserving the proportion of corporals to privates.
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{table}
for State of a Regiment of Infantry.
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[Note 1: 1 Up to this point, a copy of the report, in the writing of Charles Thomson, is on the Papers of the Continental Congress, No. 38, folios 335--340.]
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It ought also to be observed that in the pay is included subsistence, that is the value of the extra rations heretofore allowed to officers, which makes the difference not so great between the present and former pay as it at first appears.
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from the mere circumstance of being distinguished from the others having a better opinion of themselves, will of course be better soldiers, and being mixed with the others will render the whole better. Every seven men also being put constantly under the direction of a particular Corporal to be answerable for the good behavior of his squad will have a happy influence on discipline and good order.
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The regiment of Dragoons to consist when complete of two cohorts, each cohort of two squadrons, each squadron of two troops and each troop of thirty two two dragoons rank and file, with the following commission and non commissioned officers, pay and, other emoluments.
{table}
for State of Regiment of Dragoons.
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REMARKS
A The general idea of this establishment is to allow no greater emoluments than to the infantry, for there is no good reason for preferring one service to the other. Where the pay is increased it is in consideration that the persons are obliged to find themselves with horses by which they incur an additional expence. This corps serving much on detachment the number of officers in proportion to the men is much greater than in the infantry.
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A. The corps of Engineers to consist of one Regiment or two battalions of Artillery, each battalion consisting of four companies each company of fifty two sixty four rank and file; and of a corps of Artificers, with the following commissioned and non commissioned officers, pay and other emoluments.
{table}
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{table}
for CORPS OF ARTIFICERS.
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The ration of provision to consist of 1 pound of bread or flour, or Rice, ¾ of a pound of salt or 1 lb of fresh beef pork or fish, one gill of vinegar, and half a gill of salt; each part of the ration to be estimated as follows and when not furnished to the troops in service to be paid for at the rates annexed to each.
Officers if they prefer it to be at liberty to receive the value of the ration in money.
All the troops to be obliged to receive fish, two days in the week.
No Regiment to be allowed to draw rations for more than four women to serve as nurses in the Regimental hospitals and to receive four dollars per month in addition to ration per day.
A weekly allowance of soap to be made at the rate offor each commissioned officer andfor each non commissioned officer or private, all persons entitled to provisions to be entitled to soap at the same rate.
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The ration of forage to consist of the following articles to be estimated at the rates annexed to each.
When officers entitled to forage are absent from their corps on duty and cannot draw it they shall be paid for it at the rates abovementioned, which shall also be done as to any articles not furnished when with their corps.
F. The articles of cloathing, already enumerated to be furnished to the non commissioned officers, soldiers and others, to be estimated at the following rates: and when not furnished to be paid for accordingly; also when more than the stipulated allowance shall be furnished, there shall be a deduction from the pay at the same rates, viz.
The idea of the Confederation being adhered to, the number of troops to be raised must be distributed to the several states according to the proportion of their respective populations; and each must appoint Regimental officers in proportion to the number of men it furnishes but as no State will have to furnish a complete Regiment this apportionment of the officers will become extremely difficult, if not impracticable, on any satisfactory footing, and the filling up vacancies as they arise will create endless perplexity. It would be much to be preferred that the states could be induced to transfer this right to Congress and indeed without it there can never be
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regularity in the Military system. It would also be much the best that the men should be enlisted under Continental direction, which will be a more certain and more frugal mode; for if it is to be done by the particular states they will raise the price of the men by competition, and the United States will be obliged. to pay for any mismanagement or extravagance which may happen, though without their participation or control.
The officers however to command the different corps in the first instance may with propriety be appointed reserved out of those now in service who are willing to continue in the military line; provided that such as are retained shall not be entitled to the half pay for their services daring the war.
All promotions to be made Regimentally to the rank of Major inclusively, according to seniority; and from that rank upwards, in the line of the army, according to the same rule; the officers of Dragoons and Infantry rolling together without distinction of corps.
The promotion in the Engineers to be distinct; and according to seniority in that corps.
Provided, that no officer whatsoever shall consider it as a violation of his rights if another receives an extra promotion in the corps on account of brilliant services or peculiar talents.
And in order that such extra promotion may not depend on misrepresentation, it shall not be made but on the recommendation of the Commander of the Army, accompanied by the facts and reasons upon which it is founded, and with the opinion of the officer commanding the corps in which the promotion is to be made, all which shall be reported to Congress, by the Secretary at War, with his opinion concerning the same.
All non commissioned officers and privates to be engaged for six years; and each Regiment to be allowed rations for a certain number of women, at the rate ofwomen to everymen with this condition, that if a war should break out during the time, they shall be obliged to serve to the end of it.
Fortifications.
The fortifications necessary to be kept up are of two kinds, land and naval: the first for internal security, the last for the protection of the fleets of the United States. As to the first kind, there are many important posts already existing, several of which it will be essential
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to occupy and guard till more permanent provision can be made on a general plan. For this Congress have already made temporary provision by their resolution of the. If the time therein limited should be likely to expire before a general system can be adopted, it can be prolonged.
The Committee are of opinion that the principles laid down by Major General Du Portail, Chief Engineer, in the Memorial annexed to this report, so far as they respect merely the article of fortifications are in general sound and just; and that it will be expedient for Congress, so soon as they have determined on the establishment of the Corps of Engineers to instruct the head of that Corps to make a survey of the points proper to be fortified and to digest a general plan, proportioned to the Military establishment of the United States, to be laid before Congress for their consideration.
Arsenals and Magazines.
The Committee are of opinion that it will be proper for Congress to keep constantly on foot Arsenals and Magazines of such articles as are not of a perishable nature, in different parts of the United States, equal to the complete equipment of twenty thirty thousand men, for the field or for a siege calculated on a three years' supply; and that in this view it will be proper to select the following places of deposit: Springfield, in the State of Massachusetts; West Point and its dependencies, State of New York; Carlisle, State of Pennsylvania; some convenient position on James River, to be reconnoitred for that purpose; Camden, State of South Carolina.
All the Artillery and Military stores in the possession of the United State to be distributed to these deposits in equal proportions, and as soon as may be, deficiencies in the proposed quantity to be made up, so that each deposit may suffice for six thousand men.
Military Academies.
The Committee are of opinion that the benefit of such institutions rarely compensates for the expence; that Military knowledge is best acquired in service; that with respect to those branches of service which are of a more scientific nature, the professors proposed to be attached to the Corps of Engineers, will produce substantially all the utility to be expected from academies; that at all events institutions of this kind can only be an object of future consideration.
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Founderies and Manufactories.
The Committee are of opinion that as soon as the situation of public affairs will permit, it ought to be a serious object of our policy to be able to supply ourselves with all articles of first necessity in war, and in this view to establish founderies of cannon, manufactories of arms, powder &c.
There are two reasons which appear to them conclusive for this: the first that every country ought to endeavour to have within itself all the means essential to its own preservation, as to depend on the casualties of foreign supplies is to render its own security precarious; the second, that as it will be indispensable to keep up a Corps of Artillery and some other troops, the labour of a part of these, bestowed upon the manufactories will enable the public to supply itself on better and cheaper terms than by importation. The Committee propose that the Secretary at War be directed to lay before Congress a plan in detail for this purpose, designating the places where those founderies and manufactories can be erected with advantage, the means to be employed and the expence to be incurred in the execution.
General Staff.
The Committee are of opinion that as soon as the situation of public affairs will permit a general staff in time of peace (except a general officer to command the troops, another to command the Corps of Engineers and Artillery and an Inspector General) ought to be dispensed with, as all the purposes may be answered by the war department, by contracts, and by the Regimental Staff.
The pay of the officers here mentioned and other emoluments to be as follows:
{table}
In time of war, two Regiments to compose a Brigade, and a Brigadier General to be appointed to each Brigade with 200 dollars pay per month and 5 rations of Forage per day.
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General Hospital.
A general hospital for the reception of the invalids of the Army and Navy will be necessary to consist for the present of the following persons:
To be entitled to draw each a ration of provisions per day, but to no other allowance.
The invalids to receive one dollar per month, and the provisions and cloathing of a common soldier during life.
{table}
G Should Congress think this expense too considerable for the immediate circumstances of the United States, the following methods may be taken to diminish it, till they are more in a condition to bear it.
The companies of infantry may for the present be recruited to only 64 rank and file each.
The regiment of dragons and the corps of artificers may be suspended.
It would be advisable to determine on the establishment generally and suspend the execution of these parts. Cavalry is an arm which it would be inexpedient to neglect; as in case of war it would always be of great importance in the Southern States, and the knowledge of its principles and uses ought to be preserved. It will be best to appoint the commissioned officers by which many valuable officers will be retained; and as their half pay will be absorbed in their full pay the additional expense will be inconsiderable.
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It will also be proper to engage at once the Founders. armourers, and a few others of the corps of artificers.
The deductions of expences by these methods may be estimated at 191,950 which taken out of the total expense of the proposed establishment will leave a ballance of annual expense of 340,000.
The whole establishment ought on principles of economy to be preferred as soon as it can be carried into execution for the value of the manufactures will greatly exceed the difference of expense.
The Committee are of opinion that this expence is unavoidable necessary and that the only question is whether it shall be borne by the United States, or by particular states; in which last case it is probable it will be increased for want of general system. The considerations already stated leave no doubt with the Committee in what manner the question ought to be decided.
Militia.
The Committee are also of opinion that, in considering the means of national defence, Congress ought not to overlook that of a well regulated militia; that as the keeping up such a militia and proper arsenals and magazines by each State is made a part of the Confederation, the attention of Congress to this object becomes a constitutional duty; that as great advantages would result from uniformity in this article in every State, and from the militia establishment being as similar as the nature of the case will admit to that of the Continental forces, it will be proper for Congress to adopt and recommend a plan for this purpose.
The Committee submit the following outlines of such a plan which if thought necessary may be digested and improved.
All the free male inhabitants in each state from 20 to fifty, except such as the laws of the State shall exempt, to be divided into two general classes; one class to consist of married and the other class of single men.
Each class to be formed into corps of Infantry and Dragoons, organized in the same manner as proposed for the regular troops.
Those who are willing to be at the expence of equipping themselves for Dragoon service to be permitted to enter into that corps, the residue to be formed into Infantry; this will consult the convenience and inclinations of different classes of citizens.
Each officer of the Dragoons to provide himself with a horse, saddle &c. pistols and sabre, and each non-commissioned officer and private with the preceding articles and these in addition, a carbine
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and cartouch box, with twelve rounds of powder and ball for his carbine, and six for each pistol.
Each officer of the Infantry to have a sword, and each non-commissioned officer and private, a musket, bayonet and cartouch box, with twelve rounds of powder and ball.
The corps of single men to be obliged to assemble for inspection and exercise once in two months by companies, and once in six four months regimentally; to be subject to proper penalties in case of delinquency.
The corps of married men, to be obliged to assemble for the same purpose, and subject to like penalties once in three months by companies, and once in six months regimentally.
When the State itself is invaded, the corps of either class indifferently to be obliged to take the field for its defence, and to remain in service one year, unless sooner relieved by special order.
When another State is attacked, and it is necessary to march to its succour, one half of all the corps of single men shall be obliged to take their tour of duty first and to serve for the same period, to be succeeded for a like period, by one half of all the Corps of married men; and then alternately.
In addition to these two classes there shall be a third under a particular denomination as fencibles, fusileers, train bands or whatever else may be thought proper, with the same organization as the infantry of the other classes, but composed as follows:
Of all such of either of the two other classes inhabiting cities or incorporated towns as will voluntarily engage to serve for the term of eight years, provided they shall not exceed the proportion of one to fifty of all the enrolled militia of the State, and provided that if a war breaks out, they shall be obliged to serve three years after they take the field and to march wherever the service may require.
The conditions on the part of the public to be these: each non commissioned officer and soldier robe furnished with a musket bayonet and cartouch box, and every two years with a suit of uniform, consisting of a coat jacket, and breeches of cloth; the arms and accoutrements to become his property at the end of his time of service.
These corps to be obliged to assemble regimentally once a month for exercise and inspection, with a power in the officer commanding each company to assemble his company once in the interval of each regimental assembling, the better to perfect them in the exercise; the non-commissioned officers and privates, to be entitled to 1/12 of a dollar for each day of assembling.
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The officers of this corps to have equality of rank with the officers of the army, and to take precedency of the officers of the militia, that is every officer, of the train bands, shall command every officer of the two other classes of equal grade, without regard to date of commission. This preference will induce proper persons to accept commissions in the train bands, and be at the extra trouble which that service will require.
Any of the militia when in service to be entitled to the same emoluments as the regular troops or in lieu of cloathing to the two first classes, to the addition of one dollar per month of pay.
The Committee are of opinion, that with a view to either of the proposed establishments, it will be proper to direct the Commander in Chief to appoint a Board of officers, the Inspector General, Commandant of Artillery and Chief Engineer being members, to revise the regulations for the army of the United States, and to digest a general ordinance for the service of all the troops of the United States, and another for the service of the militia, and to transmit both with his observations to Congress for their consideration, the latter when approved to be recommended to the several states.
The expence of the Militia establishment will amount to about 60,000 dollars per annum, a sum which may be nearly defrayed out of the militia fines if properly managed.
The present population will afford about 8000 of the 3d Class.
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By this plan and by suspending altogether the regiment of horse the expence would be yearly only about300,000 Dollars.
It is to be remarked that in the calculation of expence in every case, there ought to be a deduction of the half pay of the officers retained in service, which ought to be considered as lowering the expence of the Military establishment, during the lives of the present set of officers, which upon an average may be estimated at twenty five years.
This makes the difference between the expence of 4 Regiments of officers, or of two much less considerable than it appears at first sight, and is an additional reason for that consideration not being put in competition with the national utility of keeping them in service.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 38, folios 413--442. According to the record in Committee Book No. 186, the committee on the peace arrangements was appointed June 12 and reported June 18. A letter of June 7, from General Washington, with a memoir of Du Portail on fortifications necessary for the United States, was referred to the same committee. A draft of Washington's letter is in the Washington Papers, Library of Congress.]
Ordered, That the same be referred to a committee of the whole.
Congress was then resolved into a committee of the whole: Mr. [Daniel] Carroll was elected to the chair.
The President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee have taken into consideration the subject referred to them, and had come to a resolution
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thereon; which he was ordered to report: the same being received and read, Mr. [Daniel] Carroll farther reported, that the committee not having come to a conclusion, desire leave to sit again.
Report of Committee of the Whole, October 23, 1783.
That it is the opinion of the Committee that some garrisons ought to be maintained in time of peace at the expence of the United States for their security and defense, under their present circumstances.
8 ayes, 1 no.1
[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 38, folio 367.]
Ordered, That the committee sit to-morrow.
The committee of the week [Mr. Benjamin Huntington, Mr. John Montgomery and Mr. David Howell] report that the letter signed Thomas Kilbuck be referred to a special committee to report be read and considered when the report of the committee on the affairs of certain Indian youths at Princeton College shall be taken up and considered in Congress.2
[Note 2: 2 This report, in the writing of Benjamin Huntington, is in the Papers of the Continental Congress, No. 78, XIII, folio 583. Kilbuck's letters, dated, respectively, October 12 and October 23, are on folios 581 and 583. They were presented on this or an approximate date.]
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