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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, JULY 25, 1786.
Congress assembled. Present as yesterday.
The board of treasury, to whom was referred their letter of the 29 June last, together with sundry letters from the Comptroller of the State of Pennsylvania, to Thomas Smith, Esqr. Commissioner of the loan Office in the said state, having reported,
That the act of the State of Pennsylvania of the 8th of March, 1786, directs their treasurer to pay to the order of the United States, such a sum in specie as, together with the sums paid on Account of the requisition of the 27 and 28 April, 1784, and 27th September, 1785, would make the sum of 557,091 dollars: That the specie sums required of the State of Pennsylvania, by the acts of Congress of 30th October, 1781, 27th and 28 April, 1784, and 27 September, 1785, amount to 643,749 dollars, so that the deficiency of specie unprovided
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for by the act aforesaid, is 86,658 dollars. On an attentive perusal of this act, we find that it does not, by a literal construction, include payments made under the act of the 30th October, 1781; and previous to the requisition of the 27th and 28 of April, 1784; but from the connexion which exists betwixt the acts last mentioned, and from the sum in specie directed to be paid, it cannot be doubted, but the law had in contemplation, the payments made previous to the requisition of the 27 and 28 April, 1784, since; by a different construction, the act would provide for the sum of 259,975 dollars more than the acts of the 27 and 28 April, 1784, and of the 27 September, 1785, require of the State. For by the acts first mentioned, is required of the State in Specie, 160,323 dollars, and by the act of 27 September, 1785, 136,793, making 297,116 dollars. The excess of provision on this construction of the act is 259,975 to make 557,091.
When to these circumstances, is added the construction, which as the board have been informed, the State of Pennsylvania is disposed to make on the requisitions of the 27 and 28 April, 1784, it will appear clearly that the legislature had in contemplation, by the act above mentioned, the payments made to the general treasury, previous to the 27 of April, 1784. For as this board have observed in their letter to Congress, of the 29 of June last, the State claims a right of placing to the account of facilities, one fourth part of their whole quota, of the moiety of 8 millions of dollars, required by the act of Congress of the 30th October, 1781; instead of confining it to one fourth part of the balance which was due on the said moiety on the 27 April, 1784. This construction of the State, if admitted, would create a difference in the specie payments from the State of Pennsylvania, of 86,658 dollars, the exact amount of the deficiency of the specie provision as directed by their Act of the 8th of March last.
On the whole, the board beg leave to observe, that as the act may be so construed as to make a full provision for the requisition of the 27 September last, and as the state of Pennsylvania ranks among the foremost of the states in a compliance with federal requisitions, they are of opinion, that the continuation of the issue of indents in that state would not be improper; provided that such emission of indents be not considered as warranting that construction of the requisition of the 27th and 28th of April, 1784, which the state has thought proper to make, and by which construction 86,658 dollars in specie, due to the United States upon that requisition, has not been provided for in the legislative act of the said state, of the 8th of March last.
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They therefore submit to the consideration of Congress the following resolve, viz. That the Commissioners of the board of treasury be authorised and directed, to give orders for the continuation of the issue of indents of interest in the state of Pennsylvania, agreeably to the requisition of the 27th September last; provided that such emission of indents be not considered as warranting that construction of the requisition of the 27 and 28th of April, 1784, which the state has thought proper to make, and by which construction 86,658 dollars in specie, due to the United States upon that requisition, have not been provided for in the legislative act of the said state, of the 8th of March last.
A motion was made by Mr. [Charles] Pettit, seconded by Mr. [John Bubenheim] Bayard, that the above report be referred to the Board of treasury to take Order. And on the question to agree to this motion, the yeas and nays being required by Mr. [William] Grayson,
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So it passed in the negative.
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The Secretary of the United States for the department of war to whom was referred his letter of the 21st. of July, 1786, with the proceedings of a court of enquiry respecting Major Wyllys, Reports:
That it appears from the evidence contained in the proceedings of the said court, that the crime of desertion, had infected the troops at Fort Mc.Intosh in such a manner, as to threaten the total dissolution of the garrison.
That the number of commissioned officers present, were inadequate to form a general court martial, according to the then articles of war; and that the punishment of death, could be inflicted only by such a court.
That the lesser punishments had been administered, but without producing the desired effect, of checking the desertions.
That in order to hold up to the view of the troops, the highest punishment which could be inflicted by any court martial, Major Wyllys, the commanding officer, assembled a court martial of the greatest number of commissioned officers which the state of the garrison could admit, thereby affording every solemnity in his power to the investigation of crimes.
That a court thus constituted did on the 23rd. January, 1786, try two soldiers for desertion, and condemn them to suffer death. That the commanding officer approved and published the sentence to the troops and also forwarded the proceedings of the said court, to the Secretary at war for confirmation.
That notwithstanding the solemnity of this trial, The vigorous confinement of the prisoners in irons, and their condemnation to death, yet three others deserted immediately after the publication of said sentence; such was the incredulity of these unhappy men with respect to the execution of those under sentence of death, and such their fixed determination to violate their engagements to the public, although ratified with the sacred obligation of an oath.
This circumstance proving, that neither the legal punishments within his power, nor the threatened execution by virtue of the aforesaid sentence were sufficient to restrain the troops from deserting, Major Wyllys, the commanding officer, had recourse at once to capital punishment and with the concurrence and approbation of all the officers of the garrison, ordered the three beforementioned deserters who were apprehended to be put to death, as a terror to the rest of the troops.
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On these facts your Secretary observes, That the want of pay, could not have been urged with propriety, by any of Captain Strong's company as an extenuation of the crime of desertion, as that company has been but recently recruited, and previous to its march from West Point on the 20th. of November, had received two months pay, besides new uniform clothing for a year ensuing. One of the deserters who suffered, enlisted on the 15th. of November and deserted about the 25th. of January, therefore his arrearages of pay were very trifling.
That the facility, and impunity with which desertion could be effected, operated contagiously on the minds of the troops and required an immediate and decisive remedy. Had it been possible to have assembled a general court martial, it is highly probable that the deserters would legally have been condemned to death.
That in case of a mutiny no doubt could be entertained of the propriety of inflicting instant death on the mutineers. The principles on which an army is constituted, the indispensible necessity of subordination and obedience, without which troops become the scourge and tyrants instead of the necessary servants of a state; together with the practice of all ages and countries to justify and support this doctrine. The evidence in the proceedings of the court of enquiry proves the soldiers of the garrison to have been in a situation, little short of open mutiny. Hence arises the important consideration, whether the commanding officer knowing the sentiments and designs of the troops should await until the smothered flame, burst out into open mutiny, or by a vigorous extra-judicial procedure, prevent the evils apprehended?
That this was the case of Major Wyllys appears from the proceedings of the court of enquiry. The address of the officers, and his own address to the court.
Assuming therefore the proceedings of the said court; and the papers accompanying the same as evidence on the case; considering the impossibility of forming a legal general court martial; Estimating the importance of the station of the troops on the Ohio to the national interest, and dignity, and the inevitable disgrace and injury which would have resulted from a mutinous disbandment, Your Secretary is of opinion, that Major Wyllys was involved in one of those exigencies, which arise in the affairs of men, where the motives and intentions constitute in equity, the character of the action, and therefore it being apparent that his conduct was dictated by a regard for the public service, it is justifiable on military and political principles.
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But as the soldiers were put to death within the state of Pennsylvania to whose laws it may be alledged that Major Wyllys is amenable in this instance it therefore may be improper for Congress to express their sense respecting the aforesaid event.
But Major Wyllys not being criminal in a military point of view and not being liable to be tried by a court martial for the transaction of the 25th. of January, last, Your Secretary submits to Congress the consideration of the propriety of releasing the said Major Wyllys from his arrest, especially as in case of his being demanded by the civil authority he will be as liable to its jurisdiction as if in arrest.
On these principles and reasonings the following resolution is formed.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 203. According to indorsement it was read January 25 and passed August 4, where the resolve submitted is spread verbatim on the Journal.
On this day, according to Committee Book No. 190 and Reports of the Secretary of Congress No. 180, the petition of Timothy Devine was referred to the Board of Treasury.]
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