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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, JULY 30, 1787.
Congress assembled present as on Saturday.
[Report of Board of Treasury on memorial of D. Campbell3]
[Note 3: 3 Papers of the Continental Congress, No. 138, I, pp. 159--172, read July 30, 1787. A copy of Campbell's commission as colonel is on pp. 173--174. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, II, pp. 439--440. A list of papers relating to Campbell's claims is in Papers of the Continental Congress, No. 19, I, p. 495. The report is indorsed as passed July 31. See April 19, 1787.]
The Board of Treasury to whom was referred the Memorial of Donald Campbell, with directions to Report fully on his Accounts and to Settle what is equitably due to him,
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Beg leave to Report,
That they have had frequent and long Conferences with the Memorialist on the subject of his Claims, and attentively considered their merits, and find
That the Memorialist claims the pay and Emoluments of a Quarter Master General, from the 17h. July 1775, to the present day.
That he claims five Years full Pay, instead of half Pay for Life, estimating the full Pay at Eighty Dollars per Month.
That he charges the United States with Six Rations of Provisions, and two Rations of Forage per day, from the 17h. July 1775, to the present day; excepting some partial Receipts of those Articles with which he credits the Public, as the whole of what has ever been delivered to him, on account of those Claims, amounting to 461 78/90ths. Continental Dollars.
That on these various Debits, he charges an Interest of 6 per Cent, striking a Balance at every four Months; so that the amount of Principal and Interest claimed by the Memorialist, on account of the abovementioned Claims, to the 17h. day of May 1787, is Twenty four thousand, seven hundred and forty four Dollars, forty three Ninetieths of a Dollar.
That the Memorialist further sollicits a revision of his Accounts as late Quarter Master General, which were Adjusted in pursuance of the Resolve of Congress of the 13h. February 1777, in order that an additional Allowance of Interest and Commission may be made thereon; And further that the Balance stated to be due to him in the said Accounts agreeably to a Certificate of the Register of the Treasury, may be discharged in Specie.
In order to ascertain how far the Claims of the Memorialist are sanctioned by Public Authority, the Board have carefully examined the Journals of Congress, and find
That on the 17th. July 1775, the Memoralist was appointed Deputy Quarter Master General for the New York Department, with the rank of a Colonel in the Army.
That by the Resolve of Congress of the 16h. June 1775, the Pay of a Deputy Quarter Master General was fixed by Congress, at the rate of Forty Dollars per Month, and by that of the 21st. of October 1776, he is entitled to receive six Rations per day.
That on the 13th. February 1777, Colonel Campbell was continued with his former pay and rank, and directed to Settle the Accounts of his late Department.
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That on the 25th. of January 1779, it was Resolved, "That all Accounts due for back Rations of the Army to the last day of December 1776, should be exhibited to the Auditors of the Army for Settlement, previous to the 1st. of June following, or be disallowed."
From the last mentioned period, untill the 31st. of December 1781, there is no special or general Resolve of Congress which looks to the case of the Memorialist, unless the Act of that date should be so considered; when it was resolved by Congress, "That the Secretary at War should make Returns to Congress on or before the 20th. January 1782, of the names and rank of all Officers necessary to be retained in Service; and that all Officers not included in such Returns should be considered as retiring from Service; Provided that nothing in the said Resolve should be considered as precluding any Officer so retiring, from the emoluments which he might then be entitled to by any former Acts of Congress."
This Resolve appears only to have had in view a certain description of Officers belonging to the Military Line of the late Army; and of course, could not apply to the case of the Memorialist. His appointment by the Act of Congress of the 17th. July 1775, was that of a Deputy Quarter Master General, and in this capacity only, a Commission was issued to him. If therefore, no other Acts of Congress apply more directly to the case of the Memorialist, than that last mentioned, the continuation of his Commission, in pursuance of the Resolves of Congress of the 13th. February 1777, must, by an equitable construction, be considered in force 'till the termination of the War.
On an investigation of this subject, no Act appears on the Journals of Congress, which can in any wise be construed to apply to the case of the Memorialist, except that of the 2d. of March 1778, and that only by implication. On that date a new arrangement of the Quarter Master Generals Department took place, in consequence of which a Quarter Master General and two Assistants were appointed by Congress, and the Principal (Major General Greene) authorised to appoint all Officers under him.
In considering however, the grounds on which Colonel Campbells continuance of Pay and Rank were founded by the Resolve of the 13h. February 1777, this Act appears to have been intended as a compensation for an injury, which had been sustained by that Officer, from the Sentence of a Court Martial, by which he was Cashiered in the Year 1776, and in consequence of which, a Successor was appointed to that Station in the Quarter Master Generals Department
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which he before occupied. This Sentence was afterwards reversed, as severe, irregular, and unjust; so that the Act of Congress of the 13h. February 1777, restoring him to his former pay and rank, ought in the opinion of the Board to be construed in a sense most beneficial to the party, whom it was calculated to releive.
With respect to Colonel Campbells Claim for Commutation, the Board beg leave to observe,
That the Resolves of Congress of the 15h. May 1778, 21st. of October 1780, and 22d March 1783, relative to half pay for Life, or Commutation for half pay appear to have had only in view Officers of the Military Line of the late Army, who should continue in Service during the War, or who were reduced in pursuance of the Resolves of Congress of the 21st. of October 1780.
To the numerous Officers belonging even to the line of the Army, who were left out of Service, previous to the date last mentioned, (however meritorious their Services) was no half pay or commutation allowed. The only compensation which they received was One Years pay, which was granted to them by the Act of Congress of the 24h. November 1778.
As to the Officers in the Staff Department, in no instance, except in the case of the Hospital Department, has Commutation been allowed, although frequent Applications have been made to Congress for such purpose; especially by Colonels Udney Hay, and Morgan Lewis, the latter of whom succeeded Colonel Campbell as Deputy Quarter Master General, and who held the same rank with that Officer. (Vide Resolves of Congress of 23d. April 1784, and 29h. May 1778.)
The only Commission which Colonel Campbell held under the United States, in pursuance of the Act of Congress of the 17h. July 1775, is (as before observed) that of a Deputy Quarter Master; in his capacity as such, (and no other) is he directed to be obeyed by all Officers and Soldiers under his Command; Although therefore, the Resolve of Congress of the same date, gives him the Rank of a Colonel, this rank cannot be considered in any other light, than as a rank conferred on him in consequence of his appointment on the Staff, a practice which generally prevailed in the early establishment of the Army; If therefore, the Resolve of the 17th. July 1775, conferred on the Memorialist no other rank, than what is above stated, the Resolve of the 15th. February 1777, cannot change the nature of such rank;
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because it expressly says, that he shall be continued in his former pay and rank.
To admit then the right of the Memorialist to Commutation, in consequence of the Commission held by him under the United States, would establish a precedent, which other Officers of the Civil Staff Department, to whom Rank was given in consequence of their respective appointments, would have a right to avail themselves of; particularly those whose claims to Commutation, founded on similar principles with those of the Memorialist, have been rejected by Congress.
The case of Udney Hay, as stated by the Resolves of Congress of the 29h. May 1778, is particularly in point. It appears by the Resolve of that date, that this Gentleman, at an early arrangement of the Quarter Master Generals Department, was appointed Assistant Deputy Quarter Master General at Ticonderoga, with the rank of Lieutenant Colonel, and that in consequence of it, he expected the same priviledges and emoluments with other Officers of the same rank in the Line. It was determined however by Congress, "that he was not entitled to any priviledge or emolument, which then did, or thereafter should accrue to any Officer of the same rank in the Line." It was further Resolved, "That no Person thereafter appointed on the Civil Staff of the Army, should hold, or be entitled to any Rank in the Army by virtue of such Staff appointment."
The first Resolve proves the sense of Congress as to the rights annexed to rank in the Army, which was conferred in virtue of Staff appointments; and the second, their determination to preclude any pretensions in persons appointed to Commissions in the Staff of the Army to the same emoluments with Officers of the Line, by removing the ground of such pretensions; namely, their rank in the Army.
In support of his Claim for Commutation, the Memorialist appears to lay stress upon the sacrifice he made of his half pay, as an Officer in the Service of the King of Great Britain, at the time he entered into the Service of the United States. Whatever equitable ground this sacrifice, on the part of the Memorialist may give to this claim, he cannot (unless authorised by his Commission) found any rightful Claim on the circumstance last mentioned. That he was an Officer in the Service of the King of Great Britain was known to Congress at the time of his appointment, and no stipulation appears to have been entered into by them in consequence of it; neither could it have been foreseen by the Memorialist, or any Officer of the United States at
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that time, that such a provision as that of half pay, would have been made.
It may be further observed, that by the Resolve of Congress of the 26h. January, and 11th. February 1784, it appears evidently to be the sense of that Honorable Body, to admit in no instance the claim to half pay or commutation, but where the same had been actually promised. By the first Resolve it is declared, "that half pay cannot be allowed to any Officer, or to any class or denomination of Officers, to whom it had not heretofore been expressly promised." By the second it is Resolved in consequence of a Special Report of a Committee, to whom were referred several Claims for half pay or commutation, "That the Pay Master General, in Settling the Accounts of the Army, in all Claims which should be brought for half pay or Commutation, should be determined by the former Act of the 26h. January 1784."
In opposition to the above Acts, the Board would not conceive themselves warranted to admit by implication, the right of the Memorialist to Commutation, if the other circumstances above stated were not, in the judgment of the Board, an actual bar to it. On the whole the Board are of Opinion,
That Colonel Campbell should be allowed the Sum of Forty Dollars per Month, from the 17th. July 1775, to the 2d. of June 1784; on which day the whole Army of the United States was disbanded.
That he is entitled to six Rations of Provisions per day, and Forage for two Horses, from 1st. January 1776, to the 13h. February 1777; (his Claim for back Rations previous to the date first mentioned being extinguished by the Resolve of Congress of the 25th. January 1779.)
That the amount of these Claims (admitting to Sum of Four hundred and sixty one Dollars 78/90ths., which Colonel Campbell acknowledges to have received on the 5h. December 1778, to go towards the Rations due to him previous to the 1st. of January 1776) will be four hundred and forty Dollars, 49/90ths, estimating the price of Rations, from 1st. January 1776 to 15h. June 1776, at One shilling lawful Money per Ration; from that period to the 17th. September following, at the rate of Seven pence half penny; and after that period at eight ninetieths of a Dollar, agreeably to the Resolve of Congress of the 3d. June 1777; and valuing the Ration of Forage at Fifteen Ninetieths of a Dollar, the rate usually paid for it by the late Quarter Master General.
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That the above allowances, comprehend in the opinion of this Board, the whole of Colonel Campbell's just Claims against the United States.
On the above principles they submit to the consideration of Congress, the following Resolves,
That there be allowed to Donald Campbell, late a Deputy Quarter Master General in the Service of the United States, the Sum of Four thousand, two hundred and sixty Dollars, being thepassedamount of the Fay due to him at the rate of Forty Dollars per Month, from the 17h. July 1775, to the 2d. of June 1784, being the period when the whole Army of the United States was disbanded. As also the further Sum of four hundred and forty Dollars 49/90ths. on account of Arrearages of Rations of Provisions and Forage due to him from the 1st. January 1776 to the 13th. February 1777, at which period he ceased to be in actual Service.
That the above Sums bear Interest at the expiration of each Year as they respectively became due; and that the samepassedbe in full of all Claims of the said Donald Campbell against the United States.
With respect to that part of the Memorial of the said Donald Campbell, which relates to a Revision of his Accounts as Deputy Quarter Master General, and the payment of the Registers Certificate, issued to him for the balance found due on such Settlement, the Board for the reasons stated in their Report1 of the 31st. of July 1786, (which is again transmitted to Congress) submit to the consideration of that Honorable Body the following Resolve,
[Note 1: 1 Papers of the Continental Congress, No. 138, I, pp. 175--178, read August 1, 1786.]
That the Memorial of Donald Campbell, praying that his Accounts as Deputy Quarter Master General (which were finally Adjusted on the 24th. November 1781) might be revised, and thatpassedthe Principal and Interest of the Certificate by him received for the Balance, should be discharged, cannot be complied with.
All which is humbly Submitted
Samuel Osgood
Arthur Lee
July 30th. 1787.
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[Letter of Secretary at War respecting Col. Harmar1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 291--293, read July 30, and passed July 31, 1787.]
War Office, July 30th 1787.
Sir: I humbly request permission to bring forward to the view of Congress the case of Lieutenant Colonel Harmar, the commanding officer of the troops of the United States on the Ohio.
This officer has been in service on the frontiers upwards of three years during which time his conduct has been highly meritorious and honorable to the public.
He has invariably manifested the most perfect attention to the principles of oeconomy, the discipline of his corps, and to the various important political objects with which he has been charged.
The circumstances of his command have been such as to constrain him to incur expenses disproportionate to his emoluments. I had the honor to mention this subject in a letter2 to Congress dated the 4'th of May 1786; a copy of which is herein enclosed.
[Note 2: 2 H. Knox to David Ramsey, chairman of Congress. Papers of the Continental Congress, No. 150, I, pp. 203--204, copy.]
The recent orders transmitted to Lieutenant Colonel Harmar, will not only considerably enhance his expences, but may involve him in disputes of rank prejudicial to the service.
In order to avoid the evils consequent on a contention of rank with the militia officers I beg leave to suggest that Congress honor Lieutenant Colonel Commandant Harmar with the brevet rank of Brigadier General; And that an officer so highly important and confidential should not suffer the mortification of expending his own fortune in the public service I beg leave further to suggest that he should be allowed the emoluments but not the pay of said rank to commence with the time of his command on the frontiers.
The value of the additional emoluments of forage and subsistence would amount at the rate of thirty six dollars per month, or 432 dollars per annum.
The pay of the lieutenant colonel commandant is fixed at forty five dollars per month. To raise this pay to a brigadier's pay at the rate of the late war would require eighty dollars per month or 960 dollars per annum.
I mention the brevet and not the actual rank of brigadier because the number of troops in service do not require a general officer to
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command them excepting when combined with militia for temporary purposes; and because the promotion of Lieutenant Colonel Harmar so as to remove him from the immediate command of his regiment, would occasion a vacancy of Lieutenant Colonel Commandant, which according to the Confederation must be filled up by the next senior officer from Pennsylvania who is a captain. A promotion which would supercede all the majors is to be avoided as a cause of great confusion and injury to the public interests.
I have the honor to submit to the consideration of Congress the following resolve,
Resolved, That the Secretary at War transmit to lieutenant colonel commandant Harmar a brevet commission of brigadier general, and that he be allowed the emoluments but not the pay of said rank. The allowance to commence with and continue during his command on the frontiers.
I have the honor to be, etc.,
H Knox.1
[Note 1: 1 July 30, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 163, the following committees were appointed:
Mr. Nathan Dane, Mr. Abraham Clark and Mr. William Irvine on letters from Alexander Contee Hanson and Robert Goldsborough, jr., to Charles Thomson, July 20, 1787, read July 30, regarding their pay as federal judges in the dispute between South Carolina and Georgia. Papers of the Continental Congress, No. 78, X, pp. 545--549 and 553--554 respectively. Report rendered July 31, but no action taken. Additional correspondence of Hanson and Thomson is in Papers of the Continental Congress, No. 49, pp. 123--126, and 127. See February 5, 12 and March 5, 1788.
Mr. Nathan Dane, Mr. Edward Carrington, Mr. Abraham Clark, Mr. James Mitchel Varnum and Mr. William Irvine on a motion for the sale of lands between the Scioto and the Great Miami, on a part of a report on a new mode of selling western lands from a surveyor to be appointed etc., to that end and on a motion of Mr. Grayson.
According to indorsement and the Committee Book the following letters were referred:
Letter of J. Adams to J. Jay, January 27, 1787, regarding sixteen Chinese seamen and British ships under American flag. Papers of the Continental Congress, No. 84, VI, p. 407, with enclosures on pp. 411--416. Referred to the Secretary for Foreign Affairs to report. Report rendered July 31, 1787. See May 3, 1787.
Letter of J. Adams to J. Jay, February 24, 1787, on expenses of R. Harrison for Capt. Erwin and associates. Papers of the Continental Congress, No. 84, VI, p. 427, with enclosures on pp. 431--436. Referred to the Board of Treasury to report. Report rendered October 9, 1787. See May 3 and July 6, 1787.
According to indorsement was read a letter of Governor W. Smallwood to Charles Thomson, July 21, 1787, transmitting an Act of Maryland repealing the laws repugnant to the treaty with Great Britain. Papers of the Continental Congress, No. 70, p. 551. An attested copy of the Act of May 15, 1787 is in Papers of the Continental Congress, No. 75, p. 342.]
His Excellency
The President Of Congress,
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