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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, JANUARY 30, 1784.
Congress assembled: Present, Massachusetts, Rhode Island, Connecticut, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the state of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] Tilton.
On the report of a committee, consisting of Mr. [Samuel] Osgood, Mr. [Samuel] Hardy and Mr. [William] Ellery, to whom was referred a letter of 20 December, 1783, from the Superintendent of finance, enclosing two contracts made between the Board of War and Mr. James Byers, and a proposition made by the said James Byers, on compliance with which he is willing to relinquish his contract.
The Committee to whom was referred the letter from the Superintendant of finance of the 20th. of Decr., 1783, enclosing two contracts made between the Board of War and Mr. James Byers, submit the following report.
That the Board of War and Ordnance did on the 21st. of Feby: 1778, in consequence of the following resolution of Congress, viz, "That the Board of War and Ordnance be empowered to make a contract with Mr. Beyers as Superintendent of a Foundery of brass cannon" contract with Mr. Boyers to give him a constant salary of eight hundred dollars per annum during his good behavior and only four rations of provision and one ration of forage not per day but the then present war, and over and above these allowances twenty four ninetieths of a dollar for every pound of ordnance he should cast.
That the Superintendent of Finance states that on the 10th. of June, 1782, there was due to the said Boyers 3,431 dollars and 51 ninetieths on account of the above contract.
That your committee not having the documents therefor cannot determine on what principles the account was adjusted, whether as the contract was made when the money of the United States was considerably depreciated the sum was reduced by the scale establised or not.
That on the 20th. of May, 1782, the said Boyers agreed, with the late Secretary at War to relinquish that part of the contract which
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allowed him twenty four ninetieths of a dollar for every pound of ordnance he should cast and in lieu thereof to receive two dollars per day to continue during pleasure.
That the Superintendant of Finance has not stated how much is due under the last mentioned contract, but your Committee are of opinion, if the said Boyers has not received money on account, there may be about 2,000 dollars due.
That the said Boyers agrees to relinquish his contract which allows him 800 dollars per annum during life upon the receipt of half the debt due to him, by the public; the other half to remain on interest which may amount to about 3000 dollars.
That as the said Boyers' life annuity may be worth about ten years purchase in ready money the proposal if agreed to would save the be in favor of the United States about 8,000 dollars.
But your committee are of opinion that notwithstanding the proposed advantage, justice and good faith due to the other creditors of the United States will not permit that an order should issue for the immediate payment of a definite and much less of an indefinite sum.
They are farther of opinion that in case the said Boyers adheres to his contract, the United States have a right to his constant services, as he has stipulated indefinitely to obey the directions of the Board of War and Commissary of Military Stores; that the situation of the United States is such that his services in future may be dispensed with, in case he relinquishes his supposed right to 800 dollars per annum, otherwise that the Commissary of Military Stores should give him such directions as may tend to render his services beneficial to the United States.
That the said Commissary of Military Stores should propose to the said Boyers, in behalf of the United States, to relinquish all right to his services in future a mutual relinquishment of right and title to service and salary.
Wherefore, the following resolution is submitted:
Resolved, That the proposal of Mr. James Byers, contained in the letter of 20 December, 1783, from the Superintendant of finance, cannot be complied with.
Resolved, That the Commissary of Military Stores Superintendant of finance propose to Mr. James Byers, in behalf
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of the United States, a mutual relinquishment of right and title to services and salary, and in case Mr. Byers shall not assent to the proposition, that the said commissary of military stores give him such directions as he is obliged to conform to by his contract.1
[Note 1: 1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 19, I folio 481. The letter of the Superintendent of Finance is in No. 137, III, folio 303. It was read December 27, 1783, and on January 9, 1784, referred to the committee.]
On the report of a committee, consisting of Mr. [John] Beatty, Mr. [James] Wadsworth and Mr. [Samuel] Osgood, to whom was referred a memorial of Calvin Partridge, administrator to the estate of the late Colonel Alden, and guardian to the children he left, praying that he may be enabled to draw four years' pay now due to the widow of the deceased.
Resolved, That as Congress, by their act of the 24 August 1780, have made provision for the widows of deceased officers, and in case there be no widow, or of her intermarriage, for the children of the deceased officer, it is inexpedient at present to alter the mode prescribed for the payment of the half-pay therein promised.2
[Note 2: 2 This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, V, folio 33. Partridge's Memorial is in No. 41, VIII, folio 68.]
On the report of a committee, consisting of Mr. [James] Monroe, Mr. [George] Partridge and Mr. [Hugh] Williamson, to whom was referred a letter of 23 December, 1783, from Daniel Parker, stating, that a ship called The Empress of China, will shortly sail from New York, for Canton, in China, under the command of Captain John Green, and requesting sea-letters for said Green.
Resolved, That sea-letters be granted for said Captain John Green, in the form following:
Most serene, serene, most puissant, puissant, high, illustrious, noble, honorable, venerable, wise, and prudent Emperors, Kings, Republics,
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Princes, Dukes, Earls, Barons, Lords, Burgomasters, Councillors, as also judges, officers, justiciaries and regents of all the good cities and places, whether ecclesiastical or secular, who shall see these Patents or hear them read:
We the United States in Congress assembled, make known, that John Green, captain of the ship called the Empress of China, is a citizen of the United States of America, and that the ship which he commands belongs to citizens of the said United States, and as we wish to see the said John Green prosper in his lawful affairs, our prayer is to all the beforementioned, and to each of them separately, where the said John Green shall arrive with his vessel and cargo, that they may please to receive him with goodness, and treat him in a becoming manner, permitting him upon the usual tolls and expences in passing and repassing, to pass, navigate and frequent the ports, passes and territories, to the end, to transact his business where and in what manner he shall judge proper, whereof we shall be willingly indebted.
In testimony whereof, &c. &c.1
[Note 1: 1 This report, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 19, V, folio 11. Parker's letter is in No. 78, XVIII, folio 509.]
The Committee consisting of Mr. [Arthur] Lee, Mr. [Elbridge] Gerry, and Mr. [Jacob] Read to whom the copy of a letter from Mr Van Berckel respecting M. Dumas was referred, beg leave to report, that the papers in the office of foreign affairs being inaccessible, they have not been able to trace the sums which have from time to time been paid to Mr. Dumas for his services, nor to ascertain what was the agreement entered into or the promises made to him by the Secret Committee, in consequence of which he is said to have quitted his former occupation in order to devote himself to the service of the U. S. The Committee can only recommend the following resolutions.
Resolved, That the Ministers Plenipotentiary of the U. S. in Europe be directed to enquire into the sacrifices and services of C. G. W. Dumas, and the salaries he has received for the same, and if the latter have not been adequate to the former, that they allow him such an additional sum of money as shall be a final compensation for the sacrifices he may have made, and the services he has rendered.
Resolved, That Congress do not think it proper to employ a subject
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of any other nation, in Ministerial offices of confidence at Foreign Courts.1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 19, II, folio 157. It was delivered this day, the indorsement states. See post, December 10, 1784.]
The Committee [Mr. David Howell, Mr. Arthur Lee and Mr. James Tilton] to whom was referred a letter of Decr. 13, 1783, from Jos. Reed, Esquire, offer to Congress the following report:
Resolved, That Congress always entertained a high sense of the zeal, abilities and activity in the public service manifested by Joseph Reed, Esquire, formerly Adjutant General in the service of the United States, and late President of the State of Pennsylvania.2
[Note 2: 2 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, V, folio 237. The indorsement states that it was read on this day.]
The Committee [Mr. Roger Sherman, Mr. James Tilton and Mr. George Partridge] to whom was referred the petition of Captain Ebenezer Sullivan one of the hostages delivered to the enemy for the redemption of the prisoners taken at the Cedars in Canada on the 20th. May, 1776, praying for a settlement of his accounts of pay and rations, and an allowance for his sufferings loss of clothing &c., report--
That it appears by the journals of Congress that on the third of April, 1778, the Board of Treasury reported that the sum of one thousand and eleven dollars should be paid him in full compensation of his services and sufferings as a hostage for the troops taken by the enemy at the Cedars in May, 1776, which was ordered by Congress to be paid. That by the resolutions of the 30th. March and the 19th. of May, 1778, he was entitled to pay and rations, while in the enemy's possession and to pay, without rations when on parole. That it appears by the certificates of the Commissary of prisoners, that the said hostages were released the 11th of February 1782. That on the 25th of May, 1781, it was resolved, That all officers who are hostages, and are liable to be called for by the enemy, and are not continued in the line of any State, shall be entitled to their full pay until redeemed, and to half pay for life afterwards, in the same manner as officers of equal rank redeemed by the late arrangement. And by Captain Sullivan's account he received his pay in bills of the New Emissions, to the last day of August 1780. Whereupon the Committee submit the following resolution.
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Resolved, That John Pierce paymaster general be authorized and directed to adjust and settle the accounts of Captain Ebenezer Sulivan and give him a certificate for what may appear to be justly due to him in the same manner as is given to other officers of the line of the army
Resolved, That the Superintendant of Finance be directed to take order for the settlement of the accounts of Captain Ebenezer Sullivan agreeably to the Resolutions of Congress, and for issuing a certificate for what may appear to be justly due to him of the same tenor as those issued to the officers of the line of the army.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, V, folio 465. The indorsement states that it was delivered January 29 and on January 30 the question taken and passed in the negative. Sullivan's petition is in No. 42, VII, folio 174.]
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