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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, JULY 15, 1785.
Congress assembled. Present, as yesterday.
Congress proceeded to the election of a Surveyor from Delaware, and the ballots being taken, Mr. Mark McCall
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was elected, having been previously nominated by the Delegate for Delaware.1
[Note 1: 1 On this day, according to the indorsement, was read a letter from the Secretary at War, dated July 14, recommending the discharge of the troops, under Major Doughty, at West Point. On August 9, the letter was ordered to be filed. It is in the Papers of the Continental Congress, No. 150, I, folio 51.
Also, was read, a letter from Lt. Col. Josiah Harmar, of July 1, forwarding returns of troops at; Fort McIntosh. It is in No. 163, folio 473.
Also, according to indorsement, the question was this day taken and lost, on the report of the Board of Treasury, read July 7, on John Adams's claim.]
Sir: The Pay Master General to whom was referred the note from the Chargé des affaires of his most Christian Majesty dated the 7th. of December, 1784, respecting the demands of the heirs of three French Officers who died in the American Service during the War, begs leave to report.
That in the case of Colonel le Radire, it appears that he died in the year 1779 and a restricting clause in the resolution of Congress of the 10th. Day of April, 1780, excludes his heirs from the benefit of any depreciation. By a subsequent resolution of August the 8, 1780, in the case of General Maxwell, the reason that may perhaps have influenced Congress will appear to be "That the Officer who had voluntarily quitted the service, had also resigned all pretentions to any reward or benefit arising from his appointment," and the same principles may be also in another resolution of August 12th., 1783, supposed to be extended to the deranged Officers, but as the Officer who has fallen in our service cannot be said to have relinquished any of his rights, & as the heirs of such Officers and Soldiers appear to have a peculiar claim on the public, the following resolution is submitted to the consideration of Congress Vizt.:
"Resolved, That the resolution of the 10 Day of April, 1780, granting depreciation to the Army, be extended in the same manner and with the same restrictions, as in said Act,to the heirs of such Officers and Soldiers as have died in the service of the United States prior to the passing of said resolution."
That on examination into the state of file debt owing to the heirs of Colonel Malmedy, he finds it to be lately placed on the same footing as those due to the other French Gentlemen who were in the service, which appears to be as much as the United States can at present with propriety perform.
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That it appears the sum of 226,000 dollars stands charg'd to the late Baron de Kalb, to defray the arrears of Clothing and the expences of the Maryland Line, on their march to the southward, against which has not been opposed any evidences of its expenditure. That the existing acts of Congress appear to require, in the case of loss of papers, the best possible evidence at present to be obtained, the evidence therefore of his Aids de Camp, or of Officers serving under him, ought to be procured prior to its being allowed, especially as it is probable that the money was paid to the regimental Clothiers; to the Qr. Master, Forage Master, and Commissary of his detachment, who must be made accountable to the public.
That an act of Congress of the 24 day of August, 1780, has granted to the Widows or Orphan Children of the Officers who die in the Service, seven years half pay, to be made up by the respective States, which resolution appears to extend to all the Officers in service, but there is no method pointed out, by which the heirs of those Officers who do not belong to any State are to obtain it. The Pay Master General therefore begs leave to submit the same to the consideration of Congress.
I have the Honor to be, with great consideration and respect, your Excellency's most Obedient Servt.
Jno. Pierce.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 62, folio 79. According to indorsement it was read this day and referred to Mr. [William] Grayson, Mr. [David] Howell and Mr. [Rufus] King, who reported August 3.
Also on this day, according to Committee Book No. 190, a petition of Jedidiah and Daniel Pratt, praying for compensation for a boat lost in 1776, was referred to the Secretary at War to report.
Also, the Postmaster General was directed "To report the number of mails weekly and the time of transportation between the most easterly post Office within the U. S. and Boston, between Boston and New York on the several roads; between N. York and Albany, between New York and Philadelphia, between Philada. and Petersburg on the several roads, between Petersburg and Savannah with the amt. in dollrs. of the Salary to the riders distinguishing the terms between the several Offices as above particularised," "Mr. Grayson has this report."]
N. York, July 13, 1785.
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