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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 --THURSDAY, JULY 31, 1788.
Congress assembled present as before
Mr Theodore Sedgwick a delegate for Massachussetts attended and produced his credentials which were read.
[Credentials of Theodore Sedgwick, Massachusetts3]
[Note 3: 3 Original credentials indorsed as read July 31, 1788, in Papers of the Continental Congress, Massachusetts Credentials. Copied in Record of Credentials, Papers of the Continental Congress, No. 179, I, pp. 263--264.]
Commonwealth of Massachusetts
To our trusty and well-beloved The Honble . (Seal) Theodore Sedgewick Esqr . of Stockbridge in our County of Berkshire, Greeting.
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Whereas the General Court of our Commonwealth aforesaid, did on the twenty seventh day of June Ao . Di . 1787 agreeable to the Constitution John Hancock of our said Commonwealth appoint the John Hancock Honble Theodore Sedgewick Esqr . a Delegate to represent our said Commonwealth in the Congress of the United States for one year commencing the first monday of the present month.
Now therefore Know ye, that We do by these presents and in pursuance of the said Appointment commission you the said Theodore Sedgewick Esqr . to represent our said Commonwealth in Congress and vest you with all and singular the powers and authorities to the said office or place of Delegate belonging by virtue of the Constitution of said Commonwealth and the appointment aforesaid; and to hold said Office until the first Monday of November Ao . Di . 1788. And you the said Theodore Sedgewick Esqr . are hereby required to observe the instructions which from time to time shall be given to you by the General Court of our said Commonwealth.
In Testimony whereof We have caused our publick seal to be hereto affixed. Witness His Excellency John Hancock Esqr . our Governor and Commander in Chief at Boston this fifth day of November Ao . Di . 1787, and in the Twelfth year of the Independence of the United States of America.
By His Excellency's Command,
John Avery junr Secretary.
[Report of Secretary at War on memorial of officers of Col. Flower's regiment1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 377--380, read July 31, 1788. See February 25, 28 and September 25, 1788. The memorial was withdrawn by the petitioners on February 18, 1789.]
The Secretary of the United States for the department of War to whom was referred the Memorial of Alexander Power attorney for a number of Officers of the late regiment of artillery Artificers claiming the commutation of the half pay granted to the late Officers of the Army of the United States.
Reports
That the claim of the late officers of the regiment of artillery Artificers for half pay or a commutation thereof has been several times submitted to Congress, and received their decision on the 19th
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of October 1785, as will more fully appear by the copy1 of a report of a Committee of Congress herewith submitted, which was referred to the Commissioner of Army accounts to take order.
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 381--383. See Journals, vol. XXIX, pp. 840--841.]
That this decision respecting Artificers was conformably to the several resolves of Congress respecting the objects of the half pay.
But the Memorialist assumes an other principle, and asserts that he and his constituents were commissioned as artillery Officers, disciplined as such, and performed duty accordingly; That their services and promises were equal to other officers of Artillery, and that their rewards ought to be the same; As this is an appeal to the justice of the Sovereign for the performance of a public Contract, it may be necessary to state the following circumstances to show that it is unsupported by proper facts.
of the 11th of February 1778; The rank which was given to the officers was necessary for the government of the workmen, and the relative pay with the officers of Artillery, was the rule of pay to the officers of the Artificers; but no stipulation was then made, or at any subsequent period that the Officers of the Artificers should have the same rewards as the officers of the Army.[Note 2: 2 Journals, vol. X, pp. 144--150.]
But there are two circumstances on which the Memorialist and his constituents seem to place great confidence Viz. That their commissions expressed Officers of Artillery and Artificers; And that the Surgeon of the regiment was allowed by the resolve3 of Congress of the 3d of May 1782 "All the emoluments heretofore allowed to reduced regimental Surgeons".
[Note 3: 3 Journals, vol. XXII, p. 236.]
The manner of filling up the commissions must have been an error, as it was not authorized by any act of Congress.
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It would appear by the resolve of the 3d . of May 1782 that Congress considered the Surgeon differently circumstanced from the officers of the Artificers, as the corps had been previously reduced by the resolve1 of Congress of the 29th . of March 1781. and all the officers except two discharged without any specification of rewards.
[Note 1: 1 Journals, vol. XIX, p. 330.]
On the whole your Secretary is of opinion, that it would be proper in order to prevent any further applications, for Congress to pass a resolution on the subject, as the report of the Committee of the 19th . of October 1785 has not been published. On this principle the following resolve is submitted.
Resolved That the claim of the late officers of the Artillery Artificers for the commutation of the half pay granted to the late officers of the Army of the United States, cannot be allowed.
H Knox
War Office.
30th July 1788.
His Excellency
The President of Congress.
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