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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 --TUESDAY, AUGUST 23, 1785.
Congress assembled. Present as yesterday.
On a report from the Secretary to the United States of America for the department of Foreign Affairs, to whom was referred a Letter from him of the 2d inst. mentioning a conversation between him and Mr. De Marbois respecting the case of Longchamp,
Whereas the Chargé des Affaires of his Most Christian Majesty has signified to the Secretary to the United States of America for the Department of Foreign Affairs that His Majesty would not persist in his demand that Mr. Longchamps be delivered up to him, and proposed that the paper containing that demand together with the others received from him by the said Secretary on that subject be returned to him;
Ordered, That the said Secretary do return the same to him accordingly.1
[Note 1: 1 This proceeding was entered by Benjamin Bankson only in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III. Jay's original report is in No. 81, I, folio 361.]
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The Secretary of the United States for the department of war to whom was referred the memorial of Udny Hay, Esq., reports--
That Udny Hay Esquire of the first battalion of the regiment commanded by Colonel Moses Hazen was upon the particular recommendation of General Gates appointed by a special resolution of Congress of Jany., 9, 1777, to be lieutenant colonel by brevet and assistant deputy quarter master general. The only instance of that time existing in the american service of an assistant deputy quarter master general having so high rank.
That he continued in the quarter master general's line in the field until the new arrangement of that department which took place on the 2nd. of March, 1778, when he was re-appointed by Major General Greene as deputy quarter master general of the middle department. But as that arrangement precluded those not of the line of the army from having military rank lieutenant colonel Hay with the advice of his friends made a particular application to Congress that he might be permitted to retain his rank. Their opinion at that time was so different from his wish that they passed the resolution of the 29th May, 1778 particularly affecting him and a general resolution respecting all persons employed in the staff department.
Upon this decision of Congress so opposite to his expectations he would have immediately quitted the service, but his friends in the army persuaded him to the contrary on the strength of the hope that by a representation of the peculiarity of his case that his rank might be restored to him.
That applications were accordingly made to the President of Congress by a number of General officers of high rank but without the intended effect.
That on the 13th April, 1781, he again applied by a memorial to Congress upon the subject of his rank who were pleased on the 10th. May following to refer it to the Commander in chief with instructions to appoint a board of officers to consider and determine upon the said memorial & make report to Congress.
That the determination of the said board was transmitted to Congress by the Commander in chief on the 18th. of August being as follows "That they are of opinion that Udny Hay Esquire ought to enjoy the rank and emoluments of a retiring lieutenant colonel."
That it appears lieutenant colonel Hay thought this determination of the board of General officers final and applied to the Paymaster general for the emoluments accordingly: but as Congress had not
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confirmed the opinion of the board of officers, the paymaster general did not find himself authoriz'd to make the settlement requested--
That it appears from the best evidence that colonel Hay possessed the most lively zeal for the service and that his integrity industry and exertions were equalled by few and exceeded by none. That these circumstances are certified in the most ample and honorable manner by all the General officers under whom he served, copies of which are annexed.
As Congress did imply by referring lieutenant colonel Hay's memorial of 1781 to the determination of a board of General officers their intention of subjecting the resolution of the 29 May, 1778, to a revision; and the fact being fully established that lieutenant colonel Hay did render numerous important services to the public by which he has not bettered his fortune, your Secretary is of opinion that the liberal justice of the United States to faithful servants would require the confirmation of the opinion of the board of General officers--Upon these reasons he submits the following resolution:
Resolved, That in consideration of the merits and services of lieutenant colonel Udny Hay Congress approve and confirm the opinion of a board of General officers held at White-plains 14th August, 1781, allowing him the emoluments of a retiring lieutenant colonel.
H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress No. 151, folio 75. According to indorsement it was read this day and referred, on June 12, 1788, to Mr. [Alexander] Hamilton, Mr. [James Randolph] Reid, and Mr. [Samuel Allyne] Otis. "See Journal July 224, 1788 on report of Comee." Copies of the papers accompanying the report are on folios 79--86. See ante, May 16.]
Board of Treasury,
New York, Augt. 23. 1785.
Sir: Congress by their resolve of the 18th. of Septr. 1782, having authorised and directed the Commissioners of public Accounts in the State of Virginia, to examine receive and destroy a certain sum of the old emissions of Continental Currency, belonging to that State, we directed the Commissioners to apply to the Treasurer of the United States for every necessary information to enable him to detect Counterfeits. We do ourselves the Honor of laying before Congress the copy of a Letter lately received from Mr. Hillegas on this subject.
Our duty to the United States constrains us to wish that all Continental Currency be cancelled at the Treasurers Office--at which
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place only there is any probability of detecting Counterfeits. The risque and charge of transporting it by Land to this place, would be trifling.
When we add to the reasons assigned by the Treasurer, the importance of not diverting the attention of the State Commissioner from the established duties of his office we trust that Congress will judge it necessary to direct this, and all other sums of Continental Money to be destroyed at the Treasurers Office.1
[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 139, folio 61. According to the indorsement, it was read this day and referred to the Board of Treasury to report. A copy of the Hilletas letter is on folio 53. See post, August 31.]
To ascertain the quantity and situation of the timber cut and belonging to the United States in the State of Georgia and report the same to Congress.
Ordered, That the above be referred to the Board of Treasury to take order.2
[Note 2: 2 This proceeding is entered by Benjamin Bankson under date of August 23, 1785, in Resolve Book No. 123. It is also entered by Thomson in Committee Book No. 190.]
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