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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 17, 1785.
Congress assembled. Present, as yesterday.
A letter, of 14 from J. Carleton, sec.y in the war Office, was read,1 requesting an Order on the treasurer for the sum of eighty dollars, to enable him to remove the records of the Office to the city of New York; Whereupon,
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 60, folio 121.]
Resolved, That the president issue a warrant on the treasurer, in favour of Joseph Carleton, secretary in the War Office, for the sum of eighty dollars, to defray the expence of removing the books and papers of the said Office to this city, for which sum he is to be accountable.
A motion being made by Mr. [Charles] Pinckney, seconded by Mr. [David] Howell, in the words following:
That no future commission of a Minister, generally or specially, to any foreign court, [chargé des affaires] or of a Secretary to any foreign legation, shall continue in force for more than three years, the time from which it is to commence to be fixed in the commissions; at the expiration of which period, unless reappointed, such minister or secretary shall cease to exercise such Office. Provided always, that such minister or secretary shall be considered, at all times, as subject to the recal of Congress within the term above limited.2
[Note 2: 2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, II, folio 517, the words in brackets being in the original motion, but not in the Journal.]
A motion was made by Mr. [Jacob] Read, seconded by Mr. [Samuel] Hardy, to postpone the motion, in order to take up the following:
That as the power of recalling any minister to a foreign court, or secretary to a foreign legation, is always in Congress, and it is presumed will be exercised on every occasion of misconduct or neglect in any minister to a foreign court; and as the wisdom and virtue of the United States in Congress Assembled, will always be equal to a proper decision on every question that may be brought before them,
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Resolved, That it is highly impolitic and unnecessary to fix any determinate time to the continuation in Office, of any resident or special minister or secretary to a legation to a foreign court.1
[Note 1: 1 These two motions, and the votes thereon, were also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III. The original motions are in No. 36, IV, folios 529 and 531.
On this day, according to Committee Book No. 191, the Secretary for Foreign Affairs reported on the case of Longchamps. "Application for delivering him up withdrawn." The report is in No. 80, I, folio 17. "Thursday 24 Feby 1785, assigned for consideration. The Secy for foreign Affairs to attend on that day." See post, August 23.]
On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Jacob] Read,
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So it passed in the negative.2
[Note 2: 2 On this day, according to Committee Book No. 190, Mrs. Elizabeth Thompson's letter of February 17 was referred to Mr. [James] McHenry, Mr. Rufus King and Mr. [Charles] Pinckney, who reported February 18. It is in the Papers of the Continental Congress, No. 78, XXII, folio 297.
Also, a letter from R. Hoge respecting an American vessel taken by the Moors, was referred to the Secretary for Foreign Affairs to report.]
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On the question to agree to the motion of Mr. [Charles] Pinckney, the yeas and nays being required by the State of Massachusetts,
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So the question was lost.1
[Note 1: 1 On this day, as the indorsement states, was read a memorial of Louis Atyatachorongta, dated February 16, 1785, praying payment for war services. It is in the Papers of the Continental Congress, No. 41, I, folio 89. See post, March 4.
Also, a letter of Joseph Greenleaf for his commission as agent of officers and seamen of the Alfred and the Providence, in 1777. It is in No. 43, folio 95.
Also, a letter of February 3 from Patrick Henry, Governor of Virginia, submitting a plan for civilizing the Indians from Sir James Jay and the Countess of Huntingdon. It is in No. 71, II, folio 383.
Also, a letter of January 31 from Robert Hooe, on the capture of his brigantine Betsy, which was referred to the Secretary for Foreign Affairs. It is in No. 78, XII, folio 361.
Also, a letter of February 10 from John Holker to the Commissioners of the Treasury on Robert Morris's claim against Holker. It is in No. 78, XII, folio 367.]
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The Committee [consisting of Mr. David Howell, Mr. Jacob Read and Mr. James McHenry] to whom was referred a memorial signed, Fred. Paschke and dated Philada. October 30, 1784, beg leave to offer to Congress the following report.
Your Committee find that on the 16th. of May, 1780, Congress passed the following resolution--
"That the Sum of three thousand dollars currency of these States, and a bill of exchange for two hundred and fifty dollars in Specie, be paid to Captn. Paschke, late of Count Pulaski's Legion (which being dissolved Congress have no means of employing Captn. Paschke, tho' a deserving officer) to enable him to return to Europe."
Your Committee also find that sd. Sums were paid to Captn. Paschke in consequence of sd. resolution; but that Captn. Paschke instead of returning to Europe entred the Staff-department in the Southern Army--and that on the Settlement of his account of pay and rations at the Treasury Sept. 1, 1783, he accounted for the aforesaid Sums. Whereupon your committee recommended that it be--
Resolved, That the Settlement of Captain Paschke's accounts made at the Treasury on the 1st. Sept. 1783, be revised; and that in sd. Settlement he be not charged with the Sums of money allowed granted to him in the resolution of May 16, 1780.1
[Note 1: 1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, V, folio 41. According to the indorsement it was read this day. The resolve was passed February 24.]
The Committee consisting of Mr. [Samuel] Hardy, Mr. [John] Beatty, and Mr. [William] Ellery,
To whom was referred a Memorial from Colo. James Livingston late a Colo. in the Army of the United States: setting forth that eight hundred pounds which he received on the balance of Accts. exhibited by him to the treasury board in 1776; which Accts. he afterwards delivered to the Commissioners of Accts. at Albany together with several other sums advanced to Canadian Officers, soldiers, and Militia are charged to his Accts. by the Paymaster General who has not given him the proper Credits because neither the Accts. above referred to or the payrolls and warrants granted by the Commander in Chief in the Northern department in favor of the Canadian Officers, soldiers, and Militia are not in the paymaster general's possession. That he served some time as a Volunteer in Canada previous to his receiving a Commission for which he has received no recompense; That he has lost the estate he possessed in Canada in consequence of the part he
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has taken in the late War for which he has received no gratuity. And that there is five months pay due to him; together with the officers and Soldiers of his Regiment for the year 1780, which he prays the state of New York may be requested to discharge on Acct. of the united States: beg leave to submit the following report
Resolved that in settling the Accts. of Colo. James Livingston, the Paymaster be and he is hereby directed to credit the said Colo. Livingston with all sums paid by him on Accts. already settled or on warrants for the pay of his own or other Corps; and that he admit of Colo. Livingston's oath or the best satisfactory evidence which the Nature of the Case will admit of.
Resolved that the eminent services which Colo. Livingston rendered the United States in Canada in the Character of an Officer previous to his receiving a Commission intitle him to the pay of a Colo. from the time of his joining the American Army in Canada; and that the paymaster in the settlement of his accts. is hereby directed to make him such allowance from that time.
Resolved, that it is inexpedient to direct a Mode for the settlement of the Arrears of pay due to Colo. Livingston or the Officers and Soldiers of his regiment different from the adopted for the army at large.
Resolved, that any Compensation for the losses which Colo. Livingston has sustained in Canada in consequence of his attachment to the American cause cannot be ascertained by your Committee until Congress have decided on some general Arrangement respecting the Compensation which others in similar Circumstances shall receive.1
[Note 1: 1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 19, III, folio 603. It was acted on March 8.]
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