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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 --SATURDAY, MAY 15, 1784.
Congress assembled: Present as yesterday.
Congress proceeded in the consideration of the report of the committee of Qualifications as entered on the 13th of this month; and a division being called for by Mr. [Arthur] Lee,
On the question to agree to the first clause, to wit: That no State has right to empower its delegates to sit in Congress more than one year, under one appointment:
The yeas and nays being required by Mr. [David] Howell, Resolved in the affirmative, every member answering ay.
On the question to agree to the second clause, to wit:
"And that the year for which the said delegates of the State of Rhode Island, were appointed, is expired."
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The yeas and nays being required by Mr. [David] Howell,
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So the question was lost.
The Committee [Mr. Edward Hand, Mr. Thomas Stone and Mr. Ephraim Paine] to whom were referred the Memorial of Captains De Marcillin and le Roy, foreigners, Lieutenants in the late Pennsylvania Line, praying that they may be allowed to receive the interest of the sums owing to them as officers in the said Line in France, and a letter from B. Genl. R. Humpton on the same subject.
Report, that from the papers referred to them it appears that Captains De Marcillin and Le Roy are foreigners, that they are about to return to Franco their native country, that they do not desire any advances on account of the pay owing to them and only request the indulgence of receiving the interest which may become due to them respectively in Franco, which has been generally granted to foreign officers.
Your committee are of opinion that the request of the aforesaid gentlemen is not unreasonable and submit the following resolve.
Resolved, That the instruction of the 3(rd) day of February last to the Superintendant of Finance in favour of certain foreign officers be considered by him as extending, and it is hereby extended to
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Captains De Marcillin and Le Roy Lieutenants in the late Pennsylvania line.1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, III, folio 541. The indorsement stages that it was read on this day. Humpton's letter is in No. 78, XII, folio 331.]
The Committee consisting of Mr [Roger] Sherman, Mr [William] Ellery and Mr [George] Partridge to whom was referred a letter from General Hand of the 19th of April, 1784, stating that he has incurred heavy expenses by having seperate commands on the frontiers of Virginia, Pennsylvania, and New York, and also while he executed the office of Adjutant General, and praying that the Paymaster General may be ordered to credit him for the pay and emoluments of a general officer, commanding in a seperate department during his command at the said posts, and such allowance for extra services and expences as Adjutant General as shall appear just and reasonable,
Beg leave to report,
That it does not appear that any general provision has been made by Congress for additional pay or emoluments to a general officer commanding at a seperate post, except the resolution of the 16th of June, 1775, allowing double pay to a Major General when acting in a seperate Department for his pay and expences, but by special resolutions like allowances have been made to brigadiers commanding a seperate army, in Canada, South Carolina and Georgia and in some other instances and in some cases particular grants have been made to officers for extra services and expences according to the circumstances attending their particular cases. But it does not appear that any such allowance has been made to other officers, who have commanded the aforesaid posts on the frontiers of Virginia and Pennsylvania, and to grant it in this case would open a wide door for other applications--But as General Hand commanded at Fort Pitt more than a year, and some short time at Wyoming and Albany, whereby he incurred greater expence, than if he had been with the Main Army, and he having also incurred extra expences in the office of Adjutant General by removing with the Main Army from New Jersey to Virginia in the year 1781, your committee are of opinion, that he is equitably entitled to some compensation, and thereupon submit the following resolution:
Resolved, That General Edward Hand be allowed one thousand dollars in full compensation for his extra expences while he commanded
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at Fort Pitt and seperate posts, and in the office of Adjutant General and the Paymaster General is hereby directed to give him credit for said sum in the settlement of his account with the United States.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, III, folio 25. The indorsement states that it was read this day. Hand's letter is in No. 41, IV, folios 238 and 250.]
The Committee [Mr. Hugh Williamson, Mr. Arthur Lee and Mr. George Partridge] to whom were referred a letter of the 28th. July, 1783, from the Superintendent of Finance, enclosing a letter from the Paymaster General in answer to complaints touching the payment made to the troops, at the time they were furlouged on June last, beg leave to report:
That general orders for furloughing a considerable part of the Army on the 2nd of June, appear to have been carried into execution between the 6th. and 14th. of that month, but the Financier's notes for making three months pay of February, March and April, did not arrive in Camp 'til on the 15th. of June. But it does not appear that any notice was given to the soldiery that the notes would be paid them at a certain time: or such information to those who were to furlough the troops of the time when the notes would be expedited as might have prevented them from furloughing the troops 'till the notes were distributed.
In consequence of these omissions, the soldiers seem to have been made the prey of a most culpable collusion between the regimental paymasters and the camp sutlers, who had taken such effectual measures for imposing upon the ignorance and wants of the troops, that they had obtained receits from almost every officer and private, previous to their having been furloughed. for the whole of their three months advance.
Though at present Congress cannot order any legal prosecution against these offenders, yet they may be held up to public shame. Your committee recommend the following resolution.
Resolved, That the Paymaster general be directed to publish this report in the newspapers of the Eastern states, together with the names of the regimental paymasters and camp suttlers who were concerned in the above transaction.
Resolved, That the Paymaster Genl be directed to return to Congress or to a Committee of the States, the names of the regimental paymasters
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and camp suttlers, who were concerned in the above transactions: and that the same be ordered to be published in the Eastern newspapers together with the above report.1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 19, IV, folio 431. The indorsement states that it was read on this day and July 22, 1784, read in the Committee of the States and ordered to lie.]
The Committee consisting of Mr. [Roger] Sherman, Mr. [Arthur] Lee and Mr. [Edward] Hand, to whom was referred a letter from Oliver Wolcott and Richard Butler, Esqrs., two of the Commissioners for treating with the Indians dated the 29th. of April last, having duly considered the several matters therein contained, and inspected the estimate of articles, therein referred to, amounting to about ten thousand and seven hundred dollars,
Report as their opinion that the said articles ought to be immediately procured, and that in order to give success to the negotiations with the Indians, it will be indispensibly necessary to march a sufficient number of troops, as soon as possible to take possession of the forts of Niagara and Detroit and Fort McIntosh on the Ohio, and that it be left to the discretion of the Commissioners to hold the treaties at such of those posts, or elsewhere as they may think best.
That the Superintendant of Finance be directed to take order for procuring the goods contained in the said estimate; and also for furnishing such additional goods, for the said treaties, as may be applied for, under the restriction of the resolution ofby the Commissioners appointed to negociate with the Indians, or any two of them.2
[Note 2: 2 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 19, VI, folio 587. The indorsement states that it was read on this day. Wolcott and Butler's letter is in No. 78, XXIV, folio 467. The indorsement gives the committee as Mr. [Thomas] Jefferson, Mr. [Roger] Sherman and Mr. [Arthur] Lee.]
[Motion respecting the Credentials and election of the Delegates from Rhode Island.]
Whereas it appears by the Credentials of the Delegates from the State of Rhode Island that they were elected on the -- of -- to serve one year in Congress and without any mention in the said Credentials when the year should commence, and whereas the confederation directs that annual elections shall be made of Delegates to serve in Congress, to take their seats on the 1st. monday in November annually;
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Therefore, Resolved, That it shall be presumed that the said election was intended to be conformable to the Confederation and that the year of service therein specified shall be deemd to have commencd on the first monday in Novr. 1783.1
[Note 1: 1 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, IV, folio 85. It is undated.]
The Committee [Mr. Elbridge Gerry, Mr. Thomas Jefferson and Mr. Thomas Stone] appointed to consider if any and what measures can be adopted as a substitute for Mediterranean Passes previous to previous Treaties with the Emperor of Morocco and other powers on the coast of Barbary, to whom also was referred the motion of the Delegates of Rhode Island, have agreed to the following report:
That until such Treaties shall be formed and regulations adopted for obtaining Mediterranean Passes for vessels owned by Citizens of these U. S., Instruments, to be signed by the President of Congress and sealed with the seal of the U. S. and countersigned by the Governor or President of the State of which the owners of such vessel shall be citizens be made out in the following form, vizt.
By the United States in Congress assembled:
Be it known to the most high illustrious and puissant Emperor of Morocco and to the great, high, and honorable Regents and Princes of Algeirs, Tunis and Tripoli and to their Officers, Ministers and subjects and to all persons who may see these presents, That thecalled theburthenTons navigated bythen commanded byis the property ofcitizen ofone of these U. S. and that the saidCommander of the said vessel and the Officers and Mariners to the said vessel belonging are Citizens of these U. S. and have permission from us to carry on trade and commerce to all kingdoms, States and Countries whatsoever, the said Commander and his Officers and Crew conforming and paying due obedience to the Laws, regulations and Customs of the Kingdom, State or Country where they may be. We do therefore request and entreat the said Emperor and Regents and Princes, their Ministers, officers and subjects and all other persons, that the saidwith his vessel may be permitted freely to pass and to enter their ports and Harbours, that protection be given to the said Commander, his crew and the vessel and property under his care and that he be admitted to carry on trade and
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commerce upon the terms usual with Nations and people in amity with each other and desirous of promoting reciprocal convenience and advantages. Witness -- President of the U. S. in Congress assembled, and -- of the said State ofthisday ofin the year of our Lord 17and theof the Independence of the U. S.
That a sufficient number of such instruments, signed and sealed as aforesaid be sent to the Supreme Executives of the several States and the Governor or President of any of these States may on application of any Citizen of these States being owner in part or in whole of a vessel, fill up, sign and deliver to such owner one of the said Instruments, provided that before such instrument shall be so delivered, the person applying for the same shall give bond and security to the Governor or President of the State and to his Successors in said office, to return the same instrument withinMonths after its Date to the Executive of the State.
That for every Instrument so delivered the sum ofbe paid by the person applying for the same to the Secretary of the Governor, President or Executive of the State where such instrument shall be granted.
That a Copy of these resolves with several of the Passports be sent to our Ministers in Europe, to be, by them if judged expedient, transmitted to the Emperor of Morocco and the Regents of Algiers, Tunis, and Tripoli and that these powers be requested to direct their Officers and other subjects not to molest any vessel furnished with these passports.
That Captain Pardon Shelldon be furnished with one of these agreeably to the above form, except the naming the government of Rhode Island. a Passport signed by the President only and sealed with the seal of U. S. Bond and Security being first given to the President for a return of the same Passport into the Secretary's office within the time above mentioned.1
[Note 1: 1 This report, in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 32, folios 127--133. The indorsement states that it was read on this day.]
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