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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, MARCH 20, 1788.
Congress Assembled, present New Hampshire Massachusetts, Connecticut, New Jersey, Pensylvania, Virginia and South Carolina and from New York Mr [Leonard] Gansevoort, from Delaware Mr [Dyre] Kearny, from Maryland Mr [David] Ross and from North Carolina Mr [James] White.
[Motion of Mr. Clark respecting T. H. Cushing1]
[Note 1: 1 Papers of the Continental Congress, No. 19, I, p. 620, in the writing of Mr. Abraham Clark. See February 14, 15 and June 11, 1788.]
Whereas it appears the Thomas H. C. an Officer in the late Massachs . line of the late Army, was in his right of promotion apped . by the State of Massachs . a Capt Lieut which Appointment having been forwarded to the Colo . of the Regimt . to which he belonged, was by the Colo . detained, by which means Mr . Cushing never Obtained a Commissn . agreably to such Appointmt . and thereby was deprived of further promotion to the rank of Captain in the Army which he otherwise would have Obtained; but inasmuch as another Officer hath by these the Above means received from the Un. the emoluments of the Office, and Mr . Cushing having neglected to seek his redress in a proper time to prevent such emoluments being received by another, the same whereupon
Resolved
[Report of Board of Treasury on memorial of J. Stevens2]
[Note 2: 2 Papers of the Continental Congress, No. 138, II, pp. 405--408, read March 20, 1788. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 479. See February 25, 1788.]
The Board of Treasury to whom was referred the Memorial of John Stevens, late a Captain in the Army of the United States
Beg leave to Report to Congress
That at the Memorialist commanded a Company raised by the State of Connecticut, in the late War, for the service of the United States.
That in the month of May 1776, he was made a prisoner, and remained in Canada a considerable time, as a Hostage for the prisoners taken at the Capitulation of the Cedars; and appears not to have been exchanged till the month of February 1782.
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That on the 25th . of May 1781, it was resolved1 by Congress, "that Officers who were Hostages, and liable to be called for by the Enemy (though not in the line of the respective States) should be entitled to their full pay 'till redeemed; and to half Pay in the same manner with other Officers of equal Grade, and that it should be recommended to the several States to settle with them accordingly."
[Note 1: 1 Journals, vol. XX, p. 541.]
That the Memorialist appears to have applied to the State of Connecticut for the benefit of this Act, but without success; that the circumstances of his Claim was, on a reference, reported to Congress by the Commissioner of Army Accounts previous to the Expiration of the Period fixd for receiving Military Claims, agreably to the Resolve2 of the 2d . Novr . 1785 and that in consequence, it was on the 7th . of August 1786, recommended3 specially to the State, "to settle the Claim of Captain John Stevens for Pay and Depreciation as a Captain of a Company in the Connecticut line of the Army."
[Note 2: 2 Journals, vol. XXIX, p. 866.]
[Note 3: 3 Journals, vol. XXXI, p. 494.]
That on a second application from the Memorialist to the Legislature of the State of Connecticut to settle his Account of Pay and Depreciation, agreeably to the Act of Congress, above stated, it appears, that the same was rejected.
On the above circumstances the Board beg leave to observe, That although no precedent has yet been established, by which Congress have directed the Commissioner of Army Accounts to settle the Pay and Depreciation of Officers whose application to the States, in pursuance of the Recommendations of Congress have not been successful; yet that the Case of the Memorialist appears of so peculiar a nature, as, in the opinion, of this Board, to render it proper on the part of the United States, to extend that relief to him which was intended by their Acts of the 25th . May 1781 and 7th . August 1786; for which purpose they submit to the Consideration of Congress the following Resolve
That the Commissioner of Army Accounts be authorised and directed to settle the Pay and Depreciation of Captain John Stevens (a Hostage during the late War at the Capitulation of the Cedars) as a Captain of a Company in the Connecticut Line of the Army.
All which is most Humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
March 19th . 1788.
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[Letter of Secretary at War respecting burned stores1]
[Note 1: 1 Papers of the Continental Congress, No. 150, III, pp. 153--154, read March 20. The enclosed extract is on p. 149. See March 24 and July 28, 1788.]
War Office March 19th . 1788.
Sir: I am extremely sorry to inform Congress, that the most valuable part of the Ordnance Stores of the United States at Charlestown South Carolina have been destroyed by the conflagration of the State House at that place.
The enclosed extract of a letter just received from the person having charge of the Stores is all the information I have received relative to this unfortunate event.
The Muskets were generally out of repair, and a considerable proportion of them would not have repaid the expence of repairs.
The principal Stores which remain there are seventeen pieces of brass Ordnance, with a very defective supply of ammunition.
As the Stores are thus reduced and the public not in a situation to establish any considerable Arsenals in South Carolina at present, I submit to the consideration of Congress the propriety of delivering, the Cannon and their apparatus to the executive government of South Carolina, on condition of their being returned, when demanded by Congress, or the Secretary at War.
By this arrangement the expence of a Store keeper will be saved to the public, and I presume the Cannon may be as ready for the purposes of the United States, as they will probably be under the present circumstances.
I have the Honor to be, etc.,
H Knox2
[Note 2: 2 March 20, 1788. According to indorsement was read a memorial of Anne Louis De Toussard, December 31, 1787, respecting unpaid pension. Papers of the Continental Congress, No. 78, XXII, pp. 355--357. Another copy, transmitted by the Secretary at War, is on pp. 365--367. A translation of the French authentication is on p. 359. A letter of De Toussard to [the President of Congress], December 28, 1787, in French, is on pp. 361--362, with translation on p. 369. See March 24, 1788.]
His Excellency
The President of Congress.
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