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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, FEBRUARY 26, 1784.
Congress assembled: Present, Massachusetts, Rhode Island, Connecticut, New Jersey, Pensylvania, Virginia, North Carolina and South Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from Delaware, Mr. [James] Tilton, from Maryland, Mr. [Jeremiah Townley] Chase and from South Carolina, Mr. [Jacob] Read.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson,
Resolved, That a standing committee of qualifications be appointed to examine the commissions or credentials of the members that are or may be in Congress till the first Monday
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of November next, and to report thereon, from time to time, to Congress.
On motion of Mr. [Abiel] Foster, seconded by Mr. [John] Beatty,
Resolved, That the resolution of yesterday, directing the Superintendant of finance to take order for advancing to several Canadian officers, one hundred dollars each, on account of pay, be, and it hereby is extended to Lieutenant Germaine Diesne of the same corps.
On the report of a committee, consisting of Mr. [James] Tilton, Mr. [James] Monroe and Mr. [James] Wadsworth, to whom was referred a motion of Mr. [David] Howell,
The Committee, [Mr. James Tilton, Mr. James Monroe and Mr. James Wadsworth] to whom was referred the motion of Mr. [David] Howell respecting Samuel Sanford, late an ensign in Col Mosses Hazen's regt. beg leave to report:
That by sufficient testimonials, he appears to have been honorably discharged from the service of the United States, on the 20th. of April, 1780, and, consequently, that he is entitled to the full benefit of a resolution of congress, passed on the 10th. of the same month, for making good to the line of the Army the deficiency of their original pay occasioned by depreciation. It further appears from a certificate signed by a committee of the general assembly of Rhode Island that the legislature of said State have entertained doubts whether Mr. Sanford was entitled to the benefit of the resolution of congress of April 20th., 1781, recommending to said State and others, to make provision for depreciation to officers and soldiers of Col. Hazen's regt. who are considered as part of the quota of the respective States to which they belong.
Hence, concluding that justice is delayed in the case of a deserving officer, your committee concur in the motion as proprosed by the honble mover, viz:
Resolved, That it be recommended to the State of Rhode Island and Providence Plantations, to make good the depreciation of the monthly pay of Samuel Sandford, late an
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ensign in Colonel Moses Hazen's regiment, agreeably to the resolution of April 20th, 1781.1
[Note 1: 1 This report, in the writing of James Tilton, is in the Papers of the Continental Congress, No. 19, V, folio 283, the resolution, in the writing of David Howell, being on folio 283-1. Sandford's petition is in No. 42, VII, folio 190.]
The Committee consisting of Mr. [Thomas] Jefferson, Mr. [Arthur] Lee and Mr. [Hugh] Williamson to whom was referred a letter of the 1st Nov., 1783, to the President of Congress from the Speaker of the House of Representatives of the State of Connecticut in general assembly convened, enclosing an address from that Honorable Body to Congress, beg leave to Report,
That they have considered the address of the House of Representatives of the State of Connecticut with that deference and attention which are due to the representations of so respectable a Branch of the Legislature of a member of the Union.
They perceive that it is a doubt with the General Assembly House of Representatives of Connecticut, whether the Grant of half pay, or commutation to the officers of the army, is warranted by the Confederation. Among the powers devolved by the Confederation upon the U. S. in Congress is that of ascertaining the necessary sums of money to be raised for the service of the U. S. and to appropriate and apply the same for defraying the public expences. The wages of the Army are clearly a part of the public expence, and to ascertain what these shall be, as well as to appropriate and apply money to the same is as clearly and explicitly vested in them as any other power they exercise. Whether these wages shall consist of a certain sum while they are in actual service, or of a lesser sum during that period and half of it for life, or a Commutation for the same must of course be discretionary in Congress. The officers were at liberty to say on what terms they would serve the public; and there either must have been no army, or Congress must have had the power of stipulating on the part of the States a compliance with such demands as appeared reasonable.
Congress exercised no other power in granting halfpay to the officers, and in so doing seem to have acted in strict conformity with the spirit of the Confederation. The commuting this for a gross sum, proportioned to the value of the half pay, was a measure adopted merely to satisfy those States, which objected to the halfpay, because
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it looked like an establishment of Pensioners, an establishment equally odious and impolitic.
The general assembly have conceived from an answer given to the State of Rhode Island, that Congress deny the right of each individual member of the Union, to consider whether their Requisitions are founded in the Confederation.
Your Committee presume that Congress never intended to question such a right, which seems to be essential to and unalienable from a free Community. On the contrary, Congress will always receive with deference the representations on their proceedings, from any State in the Union--ill consider such representations with candor--and will most readily explain the reasons and principles on which their proceedings were grounded.
That the officers of the army had a right to resign their Commissions, if half pay was not granted to them; that they appeared determined so to do, and that the alternative offered to the then Congress was either to have no army to defend the persons, liberty and property of the people of the U. S. against an invading and implacable foe, or to grant the half pay; axe facts of unquestionable notoriety; and as the right of Congress under the Confederation to make such a stipulation appears incontrovertible, so upon the strictest review of the then situation of affairs their prudence in doing so seems equally unquestionable.
But even if both were questionable, yet as the grant has been solemnly made, and the service for which it was made has been performed, nothing remains at the present day but to consider of the ways and means most adequate to the performance of the same by the public with efficacy and good faith,
For the attainment of an object, in which the honor and interests of the U. S. are so deeply concerned, Congress rely on the support of the State of Connecticut, even if their opinion of the measure should continue unaltered; because it must appear to the good sense of the State that Congress cannot possibly conduct the business of the Union unless the minority of the States shall, in important cases, conform to the opinion of the majority and promote the execution of their measures.
It is made another cause of complaint that tho' the State of Connecticut have actually secured to the officers and soldiers of their line the full of their wages to the last of Decr, 1781, yet Congress have proceeded to secure the same from August, 1780.
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Your Committee upon examination do not find that any State was warranted in paying its line farther than the 1st of August 1780; tho' some States, for reasons unknown to Congress, extended it to the last of December. This irregularity was in fact the cause of what has given ground for the complaint. The Paymaster General in settling the accounts of the army governed himself, as was his duty by the Resolution of Congress, in consequence of which the lines of some States may have received double pay from the 1st of August to the last of December, 1780.
To remedy this evil which has arisen from these irregular settlements your Committee recommend the following resolution:
Resolved, That the paymaster general be directed to govern himself in settling the accounts of the army, since the year 1779, by the payments made by the different States to their respective lines in the year 1780, so that where the pay has been secured by the State, the same shall not be again secured by the U. S.1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 20, I, folio 345. According to the indorsement, and the record in Committee Books 186 and 191, the report was delivered February 13, the Address of the Assembly of Connecticut having been committed on January 13. The report was recommitted on this day to Mr. [Samuel] Osgood, Mr. [Arthur] Lee and Mr. [William] Ellery, who delivered a report March 1, which was debated April 22.]
Whereas by the 5th Article of the Confederation it is provided that "For the more convenient management of the general interests of the United States, delegates shall be annually appointed, in such manner as the legislatures of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state to recall its delegates or any of them at any time within the year and to send others in their stead for the remainder of the year;"
And whereas by the above article the annual appointment must should be so made as to take effect on the first Monday in November, and cannot be ought not to be considered in future as valid unless conformable thereto, as a different construction will tend greatly to defeat embarrass another provision in the Confederation, which is that "no person shall be capable of being a delegate for more than three years in any term of six years." Therefore,
Resolved, That the legislatures of the respective states be informed that it will be indispensably necessary for them to regulate the
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choice of their delegates conformably to the above article of the Confederation, in order that the federal year may uniformly commence at the time appointed.1
[Note 1: 1 This motion is in the Papers of the Continental Congress, No. 23, folio 243. The following form, in the writing of Samuel Osgood is on folio 244.
The State (Commonwealth of)to the United States in Congress assembled Greeting This is to certify that our trusty and well belovedduly appointed to represent thisin Congress of the United States for one year commencing the first Monday in November next or where any are appointed within the year in the room of any resigned or removed until the first Monday in November next in the room of
Witness his Excellency our Governor, President, Secretary, or as the case may be
And the great seal of the State.
The indorsement states: "Motion of Mr. [Samuel] Osgood Feb. 26, 1783, referred to Mr. [Roger] Sherman, Mr. [Thomas] Jefferson, Mr. [John] Beatty, Mr. [Jeremiah Townley] Chase and Mr. [Hugh] Williamson." Committee Book No. 186 states that the committee was renewed May 11.]
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