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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, SEPTEMBER 10, 1783
On the report of a committee, consisting of Mr. [James] McHenry, Mr. [Richard] Peters and Mr. [James] Duane, to whom was referred a report from the Secretary at War, on a motion of Mr. [Eliphalet] Dyer,
Resolved, That the Secretary at War inform the paymaster general, that brevet commissions do not entitle to pay or emoluments, unless the same be expressed in the resolution granting such commissions.2
[Note 2: 2 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 21, folio 357.]
A motion was made by Mr. [Arthur] Lee, seconded by Mr. [Samuel] Holten,
That the Superintendant of finance and the treasurer be directed to lay before Congress an account of all the notes which have been issued by them on the credit of the United States, together with an account of what part of those notes are now in circulation.3
[Note 3: 3 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, II, folio 233.]
Whereupon, it was moved by Mr. [Jacob] Read, seconded by Mr. [John Francis] Mercer, that the said motion be postponed, in order to take up the following:
That the house proceed to appoint five committees, to be composed of five members each, for the purposes mentioned and pointed out by the act of Congress of the 17 June, 1782.4
[Note 4: 4 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II, folio 231. The three votes following it are indorsed thereon.]
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And on the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Jacob] Read,
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So the question was lost.
On the question to agree to the original motion, the yeas and nays being required by Mr. A[rthur] Lee,
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So it was resolved in the affirmative,
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That the Superintendant of finance and the treasurer be, and they are hereby directed to lay before Congress, an account of all the notes which have been issued by them on the credit of the United States, together with an account of what part of those notes are now in circulation.
It was then moved by Mr. [Jacob] Read, seconded by Mr. [Samuel] Holten,
That Congress proceed to-morrow to appoint five committees, to be composed of five members each, for the purposes mentioned and pointed out by the act of Congress of the 17 June, 1782.
And on the question to agree to this, the yeas and nays being required by Mr. [Daniel] Carroll,
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So it was resolved in the affirmative.
A motion was made by Mr. [John Francis] Mercer, seconded by Mr. [Jacob] Read, in the words following:
Whereas the offices of Congress have been ever open to the members thereof for information; but the late removal of Congress from Philadelphia, having rendered access to the office of finance inconvenient to the members;
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Resolved therefore, that the Superintendant of finance be directed to transmit any information relating to that office which shall be required by a member of Congress.1
[Note 1: 1 This motion, in the writing of John Francis Mercer, is in the Papers of the Continental Congress, No. 36, II, folio 227. The following is in the writing of James McHenry. It is on the same folio with Mercer's motion.
"Resolved, That the Superintendant of Finance furnish the Members of Congress or any of them when called upon by said Members with an account of all expenditures of money made either at home or abroad and with an account of notes issued by the said office and in circulation or that may be issued by way of anticipation or otherwise."
The vote is indorsed on these two motions.]
A motion was made by Mr. [David] Howell, seconded by Mr. [Stephen] Higginson, that the preamble be struck out: and on the question, shall the preamble stand? the yeas and nays being required by Mr. [John Francis] Mercer,
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So the question was lost, and the preamble was struck out.
The previous question was then moved on the resolution by the State of New York, and seconded by the State of Connecticut; and on the question to agree to the previous question, the yeas and nays being required by Mr. [John Francis] Mercer,
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So the previous question was lost.
The Committee consisting of Mr. S[amuel] Huntington, Mr. [Arthurs Lee, and Mr. [Ralph] Izard, to whom were referred the letters from Mr. Dana of the 6th., 11th., 14th., and 28th. of April with the papers enclosed,
Report that in the opinion of your Committee, the proceedings and conduct of Mr. Dana at the Court of Petersburgh merit the approbation of Congress; nevertheless but your Committee cannot discover do not think that there are any sufficient reasons for changing the Resolution of Congress, of the first Day of April, respecting his return agreeably to his intimation.
Your Committee therefore submit the following resolution:
Resolved, That Congress approve of the proceedings and conduct of Mr. Dana at the Court of Petersburgh.
Resolved, That Mr. Dana have leave to return to America agreeably to his former intimation request pursuant to the resolution of Congress of the first of April last, to which he is referred for his government and direction.1
[Note 1: 1 This report, in the writing of Samuel Huntington, is in the Papers of the Continental Congress, No. 19, II, folio 5. The indorsement states that it was delivered this day and read. According to the record in Committee Book No. 186, the first three letters were referred to the committee on August 9, and that of April 28 added at a later date. Dana's letters of April 17, 22, 25, and May 9 (April 6, 11, 14, and 28, O. S.), are printed in the Diplomatic Correspondence of the American Revolution (Wharton) VI, pages 381, 390, 392, and 417.]
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Resolved, That Mr. Dana be informed that Congress consent to his embracing an early opportunity to return to America, having no expectation of any Treaty with the Court of Russia which will comport with the Dignity of the United States.1
[Note 1: 1 This resolution, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, II, folio 7. It is undated, but was probably also presented on this day.]
The Comee [Mr. James Duane, Mr. Arthur Lee and Mr. Daniel Carroll] to whom was referred the letter from Francisco Rendon dated the 14th. of August, a memorial of Antonio Argote representing himself to be owner of the Spanish Flag St Antonio, together a certain Writ of attachment issued from the Court of Appeals for the United States in Cases of Captures and a petition from Isaac Sears and others owners of the Letter of Marque Patty submit the following Report:
That it appears to your Committee that the petitioners Isaac Sears and others were owners of a Letter of Marque Brigantine called the Patty. That the said Brigantine captured in the Bay of Mexico the Brigantine St Antonio commanded by Andrew Dumont. That she was conveyed to the port of Boston in the State of the Massachusetts and libelled and condemned in the Maritime Court of the middle district of the said State. That Pere Debade in behalf of the said Antonio De Argote appealed from the said sentence to the Court of Appeals for the United States in Cases of Capture; and it was so provided that by a final sentence and decree of the said Court of Appeals in which the said William Haydon was libellant and appellee the decree of condemnation of the said Brigantine St Antonio then lately pronounced in the said Maritime Court of the middle district of the State of Massachusetts was in all its parts revoked and annulled and the said Brigantine St Antonio and her Cargo ordered to be restored to the said Peter Pere Debade the appellant to and for the use and benefit of the said Antonio De Argote on whose behalf the said Debade appealed; and it was further ordered and decreed that the appellees should pay all the costs as well of the Court below as of the said Court of appeals and also the sum of one thousand dollars as damages for the capture and detention of the said Vessel and Cargo to the appellant in the said cause.
That it further appears to your Committee from the attachment under the Seal of the said Court of appeals, that after pronouncing the definitive sentence or decree in the said Court of Appeals, a transcript thereof duly authenticated was produced and shewn by the persons
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in the said attachment mentioned to Leonard Jarvis and Joseph Russell agents for the said Brigantine Patty which had captured the said Brigantine St Antonio and her Cargo and which said Joseph Russell then had in his hands the proceeds of the Cargo aforesaid and also to the said Isaac Sears one of the owners of the said Brigantine Patty and it was demanded of them severally in behalf of the said Antonio Argote to comply with and obey the said decree which they did then and there severally refuse. That the attachment referred to your Committee issued on such refusal from the said Court of appeals against the said Leonard Jarvis, Joseph Russell and Isaac Sears to answer for the trespass and contempt aforesaid.
That the petition of the said Isaac Sears and others contains a narrative of the capture and proceedings aforesaid, a detail of part of the evidence and objections against the definitive decree of the Court of Appeals: and after questioning the Authority of the said Court to annul the sentence of the Court below as founded on the verdict of a Jury, and a complaint that the said Court had exceeded their powers in decreeing damages, prays that Congress would grant them a new hearing: But if Congress should not think proper to grant that relief, the petitioners request that all the papers produced at the Court of Appeals or authentic copies thereof may be granted to the petitioners for the purpose of making an application to the Court of his Catholic Majesty.
Your Committee further report an answer of the 4th instant from John Potts Jr. Register of the Court of Appeals to a letter from your Committee by which it appears that it has invariably been the practice of that Court to give authenticated copies of any papers either before or after final decree to either of the parties requesting them, and without any other application than to the Register: that in the case of the St. Antonio no such application has been made: and that when it is the party shall be furnished with the copies as early as possible.
On this State of facts your Committee observe that the complaint of the petitioners of irregular proceedings in the Court of Appeals in the case of the Brigantine St. Antonio captured by the above mentioned letter of Marque is not accompanied with evidence; which alone would have prevented the order for a new hearing prayed for, had it remained with Congress to grant such new trial.
That your Committee are further of opinion that Congress have no judicial power in cases of appeals for captures: the 9th Article of Confederation and perpetual union authorizes Congress among other things to establish Courts for receiving and determining finally appeals
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in all cases of captures, provided that no member of Congress shall be appointed a Judge of such Court. Hence it is evident to your Committee that the final decree and decision in all such cases is reposed in the Court of appeals over which Congress has no control but that of removing the Judges for corruption or misdemeanor.
With respect to the prayer of the petitioners for a copy of the proceedings and evidence in the Court of Appeals, it appears from the report of the Register, that no demand has been made for such copies and that there is no obstacle to the delivery of them.
Upon the whole your Committee submit the following Resolution:
Resolved, That it be recommended to the Supreme Executive of the State of Massachusetts to give such assistance as shall be found necessary to the due execution of the definitive decree of the Court of Appeals in Cases of Capture in a certain Maritime Cause lately determined in the said Court wherein William Haydon who as well &c, was libellant and appellee, and Pere Debade in behalf of Don Antonio Argote was claimant and appellant.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, V, folio 267. The indorsement states that it was delivered on this day, entered and read. The petition of Isaac Sears and others is in No. 42, VII, folios 165--168; and the indorsement shows that it was read and referred August 15. The letter of Francisco Rendon, dated Philadelphia, August 14, 1783, is in No. 78, XIX, folio 443; the memorial of Antonio Argote, undated, is on folio 447; and the writ of attachment from the Court of Appeals, dated July 24, 1783, is on folio 451.]
The committee, consisting of Mr. [James] Duane, Mr. [James] Wilson, Mr. [Jacob] Read, Mr. [James] McHenry, and Mr. [James] Madison, to whom was referred a letter of the 23rd August, 1783, from the Honourable Brigadier General Elias Dayton to the President of Congress covering resolutions of the inhabitants of the township of Elizabeth Report,
That the President of Congress do inform General Dayton that Congress entertain a great sense of the very affectionate address of the inhabitants of the township of Elizabeth and their generous invitation to make the borough of Elizabeth the futre residence of Congress and highly applaud the readiness and pleasure with which the inhabitants of Elizabeth profess themselves prepared to submit to such jurisdiction as may be necessary to be established for the effectual support of the honour, dignity independence and constitutional authority of the supreme head of the American Union.2
[Note 2: 2 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 46, folio 107. The indorsement states that it was read on this day.]
The Committee [Mr. Samuel Holten, Mr. James Wilson, Mr. Daniel Carroll, Mr. Samuel Huntington and Mr. James Duane] appointed to
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confer with His Excellency the Commander in Chief on the Peace arrangements, submit the following Report,
That they have agreeably to the order of Congress conferred with the Commander in Chief on the Peace Arrangement and have obtained his sentiments thereupon in writing, which they submit to Congress.1
[Note 1: 1 This report, in the writing of Samuel Holten, is in the Papers of the Continental Congress, No. 38. folio 353. The enclosure is on folios 343--351.]
Observations consequent of a request of the Committee.
Upon a careful examination of the Report, drawn the 17th. of June, by the Committee on the Peace Arrangement, the following remarks have occurred:
Notwithstanding there may not be any very essential difference between the proposed plan for a standing force now under consideration, and the sketches which were given in my Memorial of the 1st. of May; yet it is my wish to make known the motives which induced me to differ in judgment from the Committee in some instances, respecting the Peace Arrangement, and to alter my sentiments on other points, in consequence of new informations, which has been produced by farther discussion.
The principal reasons for my proposing that the pay and subsistence of the officers should remain the same as they now are (except in the instances specified) were because that compensation had generally been deemed adequate and not too high, and because we had found by experience, after many changes and alterations, the present allowance to be better proportioned to the different grades, more satisfactory to the officers, and less inconvenient to the public, than any system which had been attempted; nor can I agree with the Committee that the establishment reported by them, is more oeconomical than either of the plans which have been proposed, since the number of men in their establishment actually to be raised, exceeds that suggested in my Memorial by upwards of four hundred, and the increase of Pay in consequence of an additional number of Superior officers in the Corps of Engineers will more than counterbalance the saving which will be made by the proposed diminution of the pay of the Regimental Staff and Subalterns, and yet I know not whether this increase of expence may not be expedient and necessary; at least I should not make any objection to the augmentation of the number of men in the Infantry Companies, as the various and dispersed services to which they will be destined may probably require more
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than I had taken into my calculation, and the blending the Engineers and Artillerists of the army in one Corps, may make it requisite to add the number of officers proposed by the Committee, which will under those circumstances, justify a departure from the present Artillery Establishment, on which my estimate was founded. And here I will take the liberty to suggest the expediency of restraining all officers, stationed in the Indian Country, from carrying on, directly or indirectly, any commerce or traffic with the natives. It would be better to make a pecuniary compensation for any extra trouble of the Commanding Officer, in giving passes and regulating these things, than to suffer so pernicious a custom to take place.
Perhaps it is rather unimportant in what manner some little alterations shall be decided, as for instance whether the third officer of a Company shall be called a Lieutenant or an Ensign, provided the duties and emoluments are perfectly defined; but I highly approve the scheme of having supernumeraries appointed to fill the staff offices, without depriving the Companies of their full proportion of officers.
The same reason which makes it proper to have two Serjeant Majors &c. in each Regiment of Infantry, will also make it equally necessary to have two Surgeon's Mates.
It appears to me, in case the pay of the Privates shall be established at two dollars per month, that a considerable bounty will be required to inlist them, or that the states, after having the quotas apportioned to them, must be obliged to keep their compliment constantly in service.
I am also of opinion that to the annual allowance of cloathing per man, one blanket, two pair of woolen hose, and one or two shirts should be added, also eight or ten watch coats per company.
The rule of promotion proposed seems unexceptionable. But the perpetual confusion which must ensue from promotions being made, in a Corps composed of officers and men of different states, by the authority of each of those different states, will totally destroy all regularity in our Military system. "It would indeed be much to be preferred that the states could be induced to transfer this right to Congress;" And possibly upon condition of confining the appointment and promotion of officers in equal proportions to the particular states whose troops form a Regiment, the right might be yielded, for example, if New Hampshire gives two companies, and Massachusetts six, the officers then to be appointed and kept in service from those two states, to be in as nearly the rate of 2 to 6 as possible; the same
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if another Regiment should be formed by the states of Rhode Island, Connecticut, New York and New Jersey &e. &c.
On the Committee's report respecting Fortifications, Arsenals and Magazines, Military Academics, Foundaries and Manufactories, General Staff and General Hospital, no observations are necessary, except that if it is the opinion of the Committee, the establishment of five instead of three Magazines is necessary, I shall not make any hesitation in yielding to their sentiment. I wish not to be too tenacious, the' the division of the Continent into three districts had been suggested, in addition to the reasons I formerly mentioned, by a similar distribution which Congress had made in the article of promotion, but I must beg leave to remark that the general outlines for the establishment of the national militia, do not seem to me to be so well calculated to answer the object in view, as could be wished, altho' unacquainted as I am with the militia laws of the several states, I cannot undertake to say what particular regulation should be adopted for classing or forming the great body of citizens who must be borne on the rolls of the militia, and for obliging them to march for the public defence in a manner least inconvenient and most effectual. Yet I cannot but think some more eligible plan could be devised; and I am fully persuaded that the Fencibles, Fusileers, or Train Bands, formed of the Inhabitants of Cities and Incorporated Towns will not afford that prompt and efficacious resistance to an Enemy, which might be expected from regularly established Light Infantry Companies, or a general selection of the ablest men from every Regiment or Brigade of Militia, in either of the modes I had formerly the honor to propose; because such an establishment would in my opinion, be more agreeable to the genius of our Countrymen, because it would distribute Military knowledge and ambition more equally and extensively, because it would on these accounts prevent jealousies, and afford the same kind of protection to every part of the Union which the companies designated by the name of Minute Men did at the commencement of the late war; and, because the number being fixed to any proportion from 1/8 to 1/50 of the whole militia, that number of disciplined effective men may always be relied on, in case of a war, as an effectual barrier to stop the torrent of hostility, until a regular and permanent force could be levied; and in order to make this corps the more respectable, I should heartily concur in giving them a superiority of rank, immunities or emoluments over the rest of the militia.
Go. Washington
Rocky Hill 8th September, 1783
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