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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 --MONDAY, MARCH 27, 1786.
Congress assembled. Present as before.
On the report of a committee, consisting of Mr. [Rufus] King, Mr. [Charles] Pinckney, Mr. [William Samuel] Johnson, Mr. [Stephen Mix] Mitchell and Mr. [William] Hindman, to whom was referred a letter from the board of treasury, of the 14 May, 1785, stating, that by the abolition of the Office of an Assistant to that board, and a small increase of the Salary of their Secretary, a considerable saving will accrue to the public,
Resolved, That the Office of an Assistant to the board of treasury, be, and hereby is abolished, and that the secretary of the said board of treasury hereafter be allowed and paid a
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salary, at the rate of eighteen hundred and fifty dollars per annum.1
[Note 1: 1 See ante, March 24. In the committee report, which is in the writing of Rufus King, the following phrase, which comes immediately after the end of the resolution as entered above in the Journal, was expurgated by Congress: "commencing from the Appointment of the present Secretary."]
A letter, of this day, from A. Lee, esqr. one of the Commissioners of the board of treasury, was read, requesting leave of absence during the month of April next.2Whereupon,
[Note 2: 2 Lee's letter is in No. 78, XIV, folio 709.]
Ordered, That Mr. A. Lee, one of the commissioners of the board of treasury, have leave of absence during the month of April next, agreeably to his request.
The secretary at war, to whom was referred his letter of the 15 containing extracts of two letters from Major John Palsgrave Wyllys, at fort McIntosh, one dated 23 January, 1786, and the other the 13 February, 1786, in the former of which Major Wyllys states, "that the frequent desertions at that post required some immediate remedy; that in his Opinion capital punishment is absolutely necessary for that purpose; that he was so far convinced of its utility in the present instance, that he had ventured to approve of the sentence of a court-martial, and sincerely wishes that the necessity of his situation may not render it his duty to put the sentence into execution before any orders can arrive from the War Office," and in the latter, "that two days after his last of the 23 January, notwithstanding the proceedings of the court-martial were published, and the prisoners were in irons, before their eyes, three men of captain Strong's company deserted; that a party was sent after them; that after a long pursuit they were taken and brought back to the garrison; that he ordered them immediately to be put to death, which was done, and thinks this instance of severity may probably preclude the necessity of executing the deserters now in confinement, having reported,
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That the dignity and justice of the United States require, that a full investigation of all the circumstances attending this transaction, should be made immediately, in Order that Congress may ground thereon their ultimate determination respecting the same.
Resolved, That Congress agree to the said report.
Resolved, That a court of enquiry be instituted, to consist of two field Officers, and a captain of the Regiment of the United States, who were not of the garrison of fort Mcintosh at the time of the beforementioned event, and that they report to the Secretary at War a state of facts only, in order to be presented to Congress.
Resolved, That the Secretary at War direct, that the said John Palsgrave Wyllys be arrested, and remain in arrest until the farther order of Congress, and that he order another field Officer immediately to repair to fort Mcintosh, to take the command of the troops at that Post.1
[Note 1: 1 This resolve, in the form of a motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 151, folio 161.]
Resolved, That the Secretary at War be directed to order the two men, now in confinement under sentence of death at fort Mcintosh, to be released, their trial having been illegal.
The Secretary of the United States for the department of war to whom was referred the petition of Thomas Pool, Reports:
That in the year 1780 His Excellency the Commander in Chief employed the said Thomas Pool in the dangerous task of procuring intelligence from within the enemies lines; that on the 7th. of September in the same year while pursuing the object of his instructions he was seized in the city of New York as a spy and confined in the provost prison, in which he remained upwards of two years until the 24th. of October, 1782, when he was sent to Bermuda, where he remained a close prisoner in the Castle rock of said island until the 30th. April, 1783, when he was sent back to New York; on his arrival he was not suffered to land but again returned to Bermuda and there confined on board the ship Carolina until the 24 August, 1783, when he made his escape and lurked about the island in great distress, until the 9th. of
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September following, on which day he fortunately got on board an American vessel. During the long period of his imprisonment in the provost his sufferings were excessive. Abandoned to the power of his inhuman keeper he was obliged to sustain all the variegated cruelties that could be invented by the most rancorous of men; the severities that he underwent at that time have occasioned a painful disorder which will probably accompany him through life.
His unexpected long absence involved his family in the utmost pecuniary distress exclusive of the affliction of mind which his calamities must have excited.
He asserts that his actual loss of property in consequence of his captivity was considerable; a horse, saddle, and bridle which had cost him equal to the liquidated sum of one hundred and sixty dollars which he left at Bergen, in New Jersey when he came into New York, was on his being apprehended seized and sold by the enemy. Money and clothing at different periods amounting to between four and five hundred dollars which were sent to him by his wife and brother were intercepted by his keeper or other persons.
He also asserts that from the last of May, 1780, until the time he was apprehended, he was seven times into the city of New York, and otherwise constantly active to obtain intelligence; that during that period he expended of his own money upwards of two hundred dollars.
The respectable testimonies of the late Commander in chief and colonel Hamilton his Aid de camp, will prove his Employment, confinement and small sum of money which he received. The evidence of captain Howlet, Major Brush, Mr. Rattoon, Mr. Mulligan, and captains Grinnell and Conkling who were fellow prisoners with him, will exhibit in some degree the barbarous treatment he experienced in the provost.
The order of Cunningham, the provost marshall, and the certificates of captain Overton explicitly shew the time he was sent to Bermuda & the day on which he effected his escape from that Island, On this statement your Secretary observes That the necessary office voluntarily undertaken by Mr. Pool is ever attended with peculiar dangers and therefore entitled to liberal rewards; the accumulated miseries which he endured being inflicted solely in consequence of the nature of his employment gives him an equitable claim on the United States for recompence, if such pains can be recompensed with money; this claim is also strongly supported by principles of sound policy.
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Your Secretary considering therefore the nature and length of Mr. Pool's confinement and its consequences to himself and family is of opinion that the sum of one dollar per day from the time of his being seized to the day he made his escape, would be but a moderate allowance for the injuries he has suffered. On this principle the following resolution is submitted:
Resolved, That the Board of Treasury take order for the payment of one thousand and ninety-seven dollars to Mr Thomas Pool as a reward for the personal and pecuniary injuries he sustained in the service of the United States during the late war. H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 133. According to indorsement it was read March 27 and passed September 7, 1786.
March 27: The following committees were appointed:
Mr. [Rufus] King, Mr. [William Samuel] Johnson and Mr. [Zephaniah] Platt, on "Two Acts of the State of South Carolina:
- 1. To authorise the delegates of that State to subscribe and ratify an Agreemt. for altering the 8 Art. of the Confederation.
- 2. To authorise the U.S. to regulate trade. To report how far they are conformable to the recommendations of Congress." This committee was renewed May 12. Certified copies of the two acts are in No. 76, folios 236--247.
Mr. [James] Monroe, Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [John] Kean and Mr. [Charles] Pinckney, on "Report of the Comee. respecting the Settlers at Kaskaskies. To consider and report forms of government to be instituted in the Western territory of the United States by Congress prior to the institution of temporary government there to the resolve of April 23, 1784." Report was rendered May 10.
Also Benjamin Walker was nominated for Commissioner to settle the accounts of the five great departments, by Mr. [Henry] Lee.
Committee Book No. 190.
Also on this day the Secretary of Congress reported on the petition of Robert Patton, messenger to Congress, "stating his services and praying for a farther compensation," that it be referred to a committee. The report was passed March 28 and is entered in Reports Secretary of Congress No. 180. Patron's petition, undated is in the Papers of the Continental Congress, No. 42, VI, folio 363. According to indorsement it was read March 28 and acted on September 7.
Also, according to indorsement, was read a letter from President John Langdon, March 15, informing that New Hampshire is well disposed to alter its laws for the regulation of commerce. It is in No. 64, folio 272.
Also on this day, according to indorsement, was read a letter of March 16 from Thomas Hutchins, representing the necessity of increasing the pay of surveyors in the Western Territory. It was referred to Secretary Thomson who reported, this same day, that it should be referred to a committee, which report was passed March 28. It was entered in Reports of Secretary of Congress No. 180. See post, March 28. Hutchins' letter is in No, 60, folio 237.
Also was read the report of the Board of Treasury on the memorial of John Clark. According to indorsement it was passed March 29, where it is spread verbatim on the Journal. The report is in No. 138, I, folio 231, accompanied by supporting documents.]
War Office, January 6, 1786.
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