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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, AUGUST 4, 1786.
Congress assembled. Present as before.
On a report of the Secretary at War, to whom was referred his letter of the 21 July, together with. the proceedings and report of the court of inquiry, held pursuant to the resolution of the 27 March, 1786,
Resolved, That the Secretary at Wax direct Major Wyllys to be released from his arrest.
Congress took up the Ordinance for Indian affairs, for a third reading, when a motion was made by Mr. [William] Houstoun, seconded by Mr. [William] Few, to postpone so much of the Ordinance as relates to the Southern Indians: And on the question to postpone, the yeas and nays being required by Mr. [William] Houstoun,
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So the question was lost.
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The Committee consisting of Mr. [Charles] Pinckney, Mr. [John Bubenheim] Bayard and Mr. [William Samuel] Johnson to whom was referred a report of Commissioner of army accounts on the memorial of the Reverend Robert Smith, Report:
That it appears the said Robert Smith was appointed in the beginning of the year 1780 chaplain to the Southern hospital by General Lincoln; that he continued in the exercise of the duties of his appointment until May, 1780, the time of the surrender of Charleston to the British Army, at which time he was made a prisoner of war; that he continued in Charleston attending his duty at the hospital for a considerable time after its surrender and until he was ordered to Hadrell's point to remain among the officers of the federal army who were there confined; that he continued there until June, 1781, when he was sent to Philadelphia on parole, in which situation he remained, until the end of the war, in captivity and at a distance from his country and estate, for tho' repeated attempts were made to exchange him it was not in his power ever to obtain it, in consequence of which he was prevented from returning to South Carolina, and paying that attention to his affairs he might otherwise have done had he not been restrained by the terms of his parole.
The Committee also find That Congress on the 2d. day of June, 1785, directed That those officers of the hospital department who were detained in Charleston after its surrender for the purpose of attending the sick and wounded of the army of the United States shall in consideration of the extra expences they incurred by performance of said duty, be allowed the sums affixed to their respective names contained in a return deposited in the war office and signed "David Oliphant deputy director general of the Southern hospital."
It appears that the memorialist did remain in Charleston and from a certificate of the said David Oliphant that he performed the duty of a chaplain to the hospital until the middle of April, 1781 (eleven months and a half), and that his name was omitted by mistake on the payroll of hospital officers entitled to extra expences and sent to the secretary at war dated August 10, 1783, as above stated and that the allowance he is entitled to under the above resolution is at the rate of thirty dollars per month.
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The Commissioner farther reports that notwithstanding the resolutions of the 9th. November, 1780, and January 17, 1781, the memorialist has been considered as entitled to pay, in consequence of his being a prisoner.
On this state of facts the Committee begs leave to remark That as the memorialist was a prisoner at the time of the new arrangement of the hospital and continued in consequence of his commission in the federal army in a disagreeable state of captivity during the war, they do not conceive that the said arrangement ought to be considered as extending to him, but are of opinion that he is clearly entitled to his commutation.
As it appears from the certificate of the deputy director general that he was in Charleston and of officiated at the hospital during the time above mentioned, but that his name was omitted by mistake in the list transmitted to the Secretary at War the Committee think there can be no doubt he is entitled to the sum allowed the hospital officers in consideration of their extra expences under the resolution of 2d. June, 1785,
Whereupon they submit to Congress the following resolutions--
Resolved, That the Commissioner for settling the accounts of the army be and he is hereby directed to issue to the Reverend Robert Smith a certificate for his commutation for half pay in the same manner it has been issued to the other officers of the federal army
Resolved, * * * 1
[Note 1: 1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 19, V, folio 367. According to indorsement it was read August 4 The omitted resolve was passed September 12, 1786, and is there spread verbatim on the Journal.]
[Office of Secretary of Congress]
August 3, 1786.
On the petition of Ebenezer Cole stating that he was possessed of a certificate issued from the loan office of Rhode Island Novr, 1779, N. 510, for 1,000 dollars, which certificate is not to be found though the petitioner hath searched every place where he could have the least expectation of finding it and has advertized it in the public
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papers to no effect, and praying Congress to order him a duplicate to be as good and valid as the Original.
The Secretary of Congress reports That the petition Agreed to Aug. 4. of Ebenezer Cole be referred to the board of treasury to report.1
[Note 1: 1 This report is entered by Thomson in the Reports of the Secretary of Congress, No. 180.
Also, according to indorsement, on the letter from Thomas Jefferson, of May 27, 1786, forwarded to Congress by the Secretary for Foreign Affairs. (No. 87, I, folio 478): "The injunction of Secresy taken off from this letter of May 27 from Mr. Jefferson and the papers accompanying it as far as relates to the tobacco Contract. Chas. Thomson Secy."See ante, August 2.
August 4: The Board of Treasury was directed to take Order on "Their letter of 3 Aug., 1786, respectg. the settlement of accots. in Marine department."
The "Petition of E. Cole for renewal of a loan Office certificate which he says he has lost" was referred to the Board of Treasury to report.
Also the name of John de Neufville was withdrawn from nomination as Commissioner to examine into the administration of the late Superintendant of Finance. See ante, February 1.
Committee Book No. 190.
Also, according to indorsement, was read a letter of August 2 from Richard Butler, on the settlement of the accounts of the Indian Commissioners of the Northern and Middle Departments. It is in No. 56, folio 189.]
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