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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 21, 1786.
Congress assembled. Present, as before.
Congress resumed the consideration of the Ordinance respecting Indian Affairs; and the following paragraphs being under debate:
They (the Superintendants) shall have authority to place deputies among the several tribes, and to remove all or either of them for misbehaviour; to grant licenses to traders.
A motion was made by Mr. [William] Houstoun, seconded by Mr. [Timothy] Bloodworth, to strike out the words "grant licenses to traders;" ond on the question, shall those
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words stand? the yeas and nays being required by Mr. [William] Houstoun,
{table}
So it was resolved in the affirmative.
The Secretary of the United States for the department of war to whom was referred the memorial of Colonel William Malcolm, Reports the following state of facts, vizt.:
That on the 19th. of June, 1778, Congress resolved "That Colonel William Malcolm deputy adjutant general in the army now under the command of Major General Gates, be permitted to hold his rank in the army and his regiment, if the same should be kept up in the new arrangement now making."
That he exercised the office of deputy adjutant general about one month after the above resolve, when in the junction of the armies under the commander in chief and major general Gates, he was ordered to West Point of which post he took the command.
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That in May, 1779, his regiment (one of the sixteen additional regiments) was incorporated with the regiment commanded by Colonel Spencer, to whom the command was given.
That after this period he was employed on the following occasional services:
On this statement your Secretary remarks, that it appears from the papers accompanying this report, that governor Clinton considered colonel Malcolm as a continental officer during the years 1779 and 1780. The colonel considered himself continued in service in the line of the army, by virtue of the resolution of Congress of June 19th., 1778, on which his claim solely rests, as appears by his letter to governor Clinton transmitted to Congress 15th. Nov. 1780, and now on their files. Although there are several letters herewith submitted from the commander in chief, yet there is no evidence, whether he considered Colonel Malcolm as a State or Continental officer. But it appears that doubts have arisen respecting his continental rank, application was made to Congress, by governor Clinton in the beforementioned letter of Novr. 15th 1780, which produced the explicit resolution of the 8th of January, 1781.
Your Secretary is not to presume that Congress in forming this decision, did not advert to their resolution of the 19th. of June, 1778, and fully consider its import. He therefore conceives it would be improper for him, in the statement here made to attempt a different construction of the aforesaid resolve of the 19th. June, 1778, and of
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consequence improper to report, a repeal of the resolution, of the 8th. of January, 1781.
All which is humbly submitted to Congress.
H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 199. According to indorsement it was read July 21.
July 21: The following committee was appointed: Mr. [Timothy] Bloodworth, Mr. [James] Manning and Mr. [Nathan] Miller, on a "Memorial of George Fisher for payment of certificates." See post, August 28. Fisher's memorial is in No. 41, III, folio 338 and, according to indorsement, was read this day.
"N. Adams letter to Mr. [Samuel] Livermore with petition of Jos. Abbot for 500 dollars &c" was referred to the Board of Treasury to report and report rendered August 22. Papers in the Abbott case which was carried over from 1784 are in No. 78, I, folios 481--491.
The letter of the Secretary at War, dated July 21 "and the proceeding of the court of Enquiry respectg. Major Wyltys" were referred back to said Secretary to report and report rendered July 25.
The committee of July 17 on the petition of Maurice Desdevens was "discharged, the Chairman having verbally reported that the petition has no just claim on the justice or generosity of Congress." A letter from Desdevens, dated July 21, the cause of his action, was read this day, it is in No. 78, VIII, folio 179.
Committee Book No. 190.
Also, according to indorsement, was read a petition of Elisha Ransom, dated Northampton, February 16, 1785, praying payment of the reward offered by Congress for detecting forgeries of the final settlement certificates of the army. It is in No. 41, VIII, folio 373 and was referred to the Board of Treasury which reported September 1, 1786.
Also was read a letter from Thomas Hutchins dated July 8, 1786, announcing his arrival at Fort Pitt and measures taken to begin the survey of Western territory. It is in No. 60, folio 245.]
War Office, July 20th., 1786.
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