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1998/03/17 0001

LIBRARY OF CONGRESS

JOURNALS OF THE CONTINENTAL CONGRESS 1774–1789

EDITED FROM THE ORIGINAL RECORDS IN THE LIBRARY OF CONGRESS BY GAILLARD HUNT, CHIEF, DIVISION OF MANUSCRIPTS

Volume XIX. 1781

January 1–April 23

LC

WASHINGTON GOVERNMENT PRINTING OFFICE

1912

0002

LC

0003 iii
PRINCIPAL CONTENTS

Page.

Prefatory note VII

Regulations for Clothing Department 11, 662

Treaty with Holland 17, 876

Treatment of Prisoners 27, 147, 195, 229, 299, 529

Peace Negotiations 41

Instructions to Commissioners 605, 608, 611, 615, 651

Department of Foreign Affairs 42

Pay of officers 49, 237

Affairs of the Treasury 53

Circular Letter to States 581 585, 1174

Medical Department 68, 292, 1093

Disturbances in Pennsylvania 79

Five per cent duty on imports 102, 105, 110, 112, 124, 295, 421

Civil Executive Departments 126, 155

Articles of Confederation 138, 192, 208, 214

Powers of Congress under 469

Exposition of 894

Debts of the United States 160

Treaty with Spain 151,551

Commendation of John Paul Jones 200, 390

Medal for 386, 391

Case of Henry Laurens 227

Rank in Army 242, 540

Commercial intercourse with Great Britain 270

fast-day proclamation 284

Robert Morris 288

French Alliance 308

Financial and military aid 556

0004 iv

Ordinance for capture and condemnation of prizes 314

Superintendant of finance duties 326

Powers 432

Thanks to French officers 349

Loan-office certificates 350

Destruction of 376, 495

Courts for piracies 354

Of appeal in cases of capture 374

Ordinance 761

Instructions for privateers 361

Conference with French Minister 371, 562, 669, 975, 986, 998

Scheme of finance 378

Public debts and statement of finances 402

Liquidation of debts 524

Public credit, ordinance for 438

Rules for Congress 476

Expenses of coming campaign 501,523

Plan for national bank 545

Arthur Lee's accounts 574

Retaliation report 582, 620, 779, 829, 973, 977

Depreciation report 702

Report on land cessions 704

Treaty of commerce with Great Britain 713, 746

Navy affairs 724

Plan 764

Consul in France 735

Consular convention with France 792

Vermont question 824, 836, 887

Captures on water, ordinance 861, 961, 1152, 1153

Execution of Isaac Hayne 917, 927

Ordinance for regulating Treasury 948

virginia and the land companies 1057

Thanksgiving proclamation 1074

0005 v

Surrender at Yorktown 1080

Funds from the States 1090

Controversy between Pennsylvania and Connecticut 1116

General Washington attends 1143

Letter to the King of France 1145

Bank of North America ordinance 1187

Standing committees 1193

Bibliographical notes 1197

0006 0007 vii
PREFATORY NOTE

In the history of the Continental Congress the year 1781 is of great importance, because it shows the development of the idea that a stronger Federal Government than that which had existed up to that time was necessary.

On March 1 the Maryland delegates signed the Articles of Confederation, thus completing that instrument and making it effective, and at length the United States had a constitution; but, on March 6, Varnum, of Rhode Island, offered a resolution, “that a committee be appointed to digest such additional articles to the Act of Confederation to be exercised during the war as shall be deemed necessary to be proposed to the respective States for their ratification,” and, on the same day, Varnum, Duane, and Madison were appointed a committee “to prepare a plan to invest the United States in Congress assembled with full and explicit powers for effectually carrying into execution in the several States all acts or resolutions passed agreeably to the Articles of Confederation.” The committee's report was considered on May 2. It proposed that the States be asked for au additional article to the Articles of Confederation, which should confer upon Congress the right to employ the forces of the United States, by land or sea, to compel any delinquent State to fulfil its Federal engagements. The additional article was to be binding when enacted by all the States not in the possession of the enemy. The recommendation was referred to a grand committee, consisting of a member from each State.

0008 viii

On the same day John Mathews, of South Carolina, offered a motion, declaring that, during the war, the Congress ought to have authority to make and execute such laws and ordinances as it should deem necessary for prosecuting the war efficiently, but the motion was postponed. On July 20 the grand committee reported a recommendation that the States be asked to grant the power of laying an embargo in time of war, and to give Congress control of quotas of money, as well as authority to collect the money through its own agents. Randolph, Ellsworth, and Varnum were appointed a committee to consider this motion, and, on August 22, they made numerous recommendations concerning the manner of executing the Articles of Confederation. Among other things, they urged that a general council be provided for; that the power to lay embargoes in time of war be granted; that Federal collectors be empowered to collect Federal requisitions; that Congress be given power to issue letters of marque, coin money, emit bills of credit, and borrow money. On November 2 Congress recommended that each State lay a tax, entirely separate from the levies for State expenses, for the purpose of raising its share of the $8,000,000 required for Federal expenses, and that it be paid to agents of the Superintendent of Finance. In other words, it was to be a Federal levy, paid to Federal officers.

On January 24, 1781, before the Articles of Confederation had been ratified, acting in Committee of the Whole, Congress took the most important action that had been attempted up to that time, in the direction of obtaining Federal funds, when it asked the States to levy an impost duty of 5 per cent on the value of all foreign merchandise imported, and to allow the funds thus collected to be paid into the hands of the agents of Congress. On February 3 it asked the States to vest the power to levy the tax in Congress itself.

0009 ix

On February 7 a plan for executive departments was agreed to—a Superintendent of Finance, Secretary at War, and Secretary of Marine. Already, on January 10, the Department of Foreign Affairs had been established, and, on February 16, the committee to whom the papers of the convention at Hartford had been referred reported that there ought to be an Attorney General of the United States and a court of judicature for trial of all causes relating to offences against the United States. On April 5 the ordinance establishing the Federal courts for trial of piracies was agreed to, the court of appeals in cases of capture being established by the ordinance of July 18. Here, then, were serious efforts to provide executive machinery, to increase the direct power of Congress, and to erect a Federal judiciary.

The great cause of these efforts was the manifest impossibility, under the existing system, of obtaining the money with which to support the military and civil establishments. The circular letter to the States, of January 15, called attention to the failure of previous requisitions and the immediate necessities of the Army, its pay being far in arrears. On February 19 a full statement was made of the debts of the United States, and an estimate of the funds necessary to carry on the Government for a year. On April 18 a further statement of the money borrowed was laid before Congress. The country, it said, had drawn an Army before any currency was provided for maintaining it. Congress had no resources whence to derive funds, except by emitting bills of credit redeemable at a future day. Accordingly, bills of credit had been emitted time after time; then loans and a lottery were resorted to. Recommendations to the States to resort to taxation failed. Money was raised by drafts on our ministers abroad. The Treasurer was ordered to draw upon the treasurers of the States, at 30 days' sight, for their quotas. The request for the 5 per cent impost, to obtain 0010 x Federal funds, raised hopes, which were disappointed by the refusal of Rhode Island to agree to the tax. The welcome intelligence was conveyed, on May 28, that the King of France had granted a subsidy of 6,000,000 livres tournois, and had taken steps to enable Franklin to borrow 4,000,000 more. What appeared to be inevitable bankruptcy was thus averted. Fortunately, also, there was a Superintendent of Finance, and, on May 26, the Bank of North America was established.

The evident fact that the war was drawing to a close served to show all the more clearly how feeble the Government would be, when its energies should be relaxed in peace.

On January 17 the battle of the Cowpens was won by Daniel Morgan; other fighting in the Southern Department, during the year, was, in the main, successful to the American forces; the juncture was effected with the French fleet under De Grasse; Cornwallis surrendered October 19.

The peace negotiations became active. On June 11 the mission to France was made a commission, with Franklin, Jay, Adams, Henry Laurens, and Jefferson as members; but Laurens and Jefferson did not serve. The commissioners were instructed, June 15, to require recognition of the independence of the United States by Great Britain, as a condition of any treaty of peace.

These volumes have been belated in coming from the press. They should have appeared last summer; but, although the copy was in the printer's hands in due season, twice the condition of the Library's allotment for printing required the postponement of the publication. The delay has been productive of some benefit, however, since it has encouraged a further revision of the copy, and the proper placing of a few reports which had, at first, eluded identification.

0011 xi

As the work progresses the editorial difficulties do not decrease. The Journal itself becomes meager for the latter part of the year 1781; for some days there are only a few lines of entry; but the collateral papers for these dates are numerous, and their identification requires much painstaking comparison and extensive research. The result, however, is of such unquestionable historic value that it fully repays the time and labor which are expended upon it.

Gaillard Hunt Chief of Division of Manuscripts, Editor

Herbert Putnam Librarian of Congress, July, 1912

0012 0013
JOURNALS OF THE CONTINENTAL CONGRESS 1781
MONDAY, JANUARY 1, 1781

A letter, of December 20, from General Washington, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 152, IX, folio 405. It is printed in The Writings of Washington (Ford), IX, 68.

Ordered , That it be referred to a committee of three:

The members, Mr. [John] Sullivan, Mr. [James Mitchell] Varnum, Mr. [Theodorick] Bland.

The delegates for Virginia laid before Congress a letter, of 28, from Colonels Mathews and Febiger, which was read; Whereupon, 2

2 This letter is in the Papers of the Continental Congress , No. 78, XVI, folio 109.

On motion of Mr. [James] Madison, seconded by Mr. [John] Sullivan,

Resolved , That in the new arrangement of the army it is the sense of Congress, that the officers of the continental lines, who have been exchanged since the said arrangement, or are now in captivity, ought to be considered and arranged according to their respective ranks, in the same manner with those who have not been prisoners. 3

3 A copy of this resolution, as an extract from the minutes, is in the Papers of the Continental Congress, No. 41, II, folio 174.

A letter, of 23 December, from the Board of War, was read: 4

4 This letter is in the Papers of the Continental Congress , No. 148, I, folio 265.

Ordered , That it be referred back to the Board of War.

A letter, of 27 December, from General Washington, and a letter of from the president of the State of New-hampshire, were read. 5

5 Washington's letter is in the Papers of the Continental Congress, No. 152, IX, folio 421; the New Hampshire letter, dated December 19, 1780, is in No. 64, folio 162.

0014 2

The report of the committee on Mr. J. Adams' letter of 23 August, was called for, and, after debate,

Ordered , That it be recommitted.

A motion was then made by Mr. [James] Madison, seconded by Mr. [Thomas] Bee,

That so much of the letter from Mr. Adams as relates to the probable operations of the enemy against the southern states be transmitted to the Commander in Chief; and that he be informed that it is the desire of Congress that he should immediately make such a distribution of the forces under his command, including those of our allies under the Count de Rochambeau as will most effectually counteract the views of the enemy and support the southern states.

A motion was made by Mr. [William] Sharpe, seconded by Mr. [James Mitchell] Varnum, to strike out the latter clause from the word “chief” to the end, and on the question, shall those words stand, the yeas and nays being required by Mr. [Richard] Howly,

New Hampshire, Mr. Sullivan, no no Massachusetts Bay, Mr. Ward, no * [Rhode Island] Mr. Varnum, no no Connecticut, Mr. Huntington ay Root, no no Wolcott, no New York, Mr. Floyd, no no Pennsylvania, Mr. Montgomery, no no Clymer, no Virginia, Mr. Madison, ay ay Bland, ay North Carolina, Mr. Burke, no Sharpe, no no Johnston, no South Carolina, Mr. Mathews, no Bee, ay ay Motte, ay Georgia, Mr. Walton, ay Few, no ay Howly, ay

So it passed in the negative, and the words were struck out.

It was then moved by Mr. [Thomas] Burke, seconded by Mr. [William] Sharpe, to insert, in lieu of the words struck out; 0015 3 “And that he be desired to give his opinion to Congress on the expediency of ordering the forces of his Most Christian Majesty, now at Newport in Rhode Island, to take post in Virginia.”

Which was agreed to, and on the question,

Ordered , That so much of the letter from Mr. Adams as relates to the probable operations of the enemy against the southern states be transmitted to the Commander in Chief, and that he be desired to give his opinion to Congress on the expediency of ordering the forces of his Most Christian Majesty, now at Newport in Rhode Island, to take post in Virginia. 1

1 All of the proceedings for this day on the letter of Mr. Adams were also entered in the manuscript Secret (Domestic) Journal.

A motion was made by Mr. [John] Sullivan, seconded by Mr. [James Mitchell] Varnum,

That Lieutenant Colonel William Smith be continued as sub-inspector with his present rank in the army of the United States, to be employed as the Commander in Chief shall direct;

On which, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Sullivan, ay Massachusetts Bay, Mr. Adams, no Ward, no Rhode Island, Mr. Varnum, ay Connecticut, Mr. Huntington, no Root, ay Wolcott, ay New York, Mr. Floyd, ay Pennsylvania, Mr. Montgomery, ay Clymer, ay Virginia, Mr. Madison, ay Bland, no North Carolina, Mr. Burke, ay Sharpe, ay ay Johnston, ay South Carolina, Mr. Mathews, ay ay Motte, ay Georgia, Mr. Walton, ay Few, ay ay Howly, ay

So it was resolved in the affirmative.

0016 4

The committee on the Memorial of W. Peck, and

The Committee to whom the Memorial of Col William Peck was referred, beg leave to Report, That there is a Balance due to the said Peck of three thousand five hundred and thirty three dollars and nineteen ninetieths of a dollar, in specie, being the balance for his pay and subsistence while in the service of the United States. Your Committee therefore submit the following Resolution, Viz.—

Resolved , that a warrant issue on Mr Wm Imlay Loan Officer in the State of Connecticut, in favor of Col William Peck for three thousand five hundred and thirty three dollars and nineteen ninetieths of a dollar in bills of the new emission, or other Money equivalent, in full for the balance of his Accounts. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 19, V. 63. It was set aside January 8.

The committee appointed to prepare a letter of credence for the hon. J. A[dams] delivered in their several reports.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 2, 1781

The delegates for the State of Massachusetts Bay laid before Congress their credentials, which are in the words following:

State Of Massachusetts Bay

In the House of Representatives Oct r . 4, 1780

Whereas the Honble Samuel Adams, Elbridge Gerry, James Lovell, Samuel Holten, George Partridge, Artemas Ward and Timothy Danielson, Esquires, are chosen and appointed to represent this State in the American Congress for one Year, to commence the first day of January next ensuing,

Resolved , That the above named Gentlemen, or any two of them, or when more are present in Congress a Major part of them, be and they hereby are fully impowered, with the Delegates who are or may be appointed from the other American States, to Concert, Direct and Order such further measures as appear to them best calculated for the Establishment of the Rights, Liberty and Independence of the United States of America, upon a Basis permanent and Secure against the Power and Art of the Brittish Nation; for prosecuting 0017 5 the present War, concluding Peace, Contracting Alliances, Establishing Commerce, and guarding against any future Encroachments and Machinations of the Enemies of the United States; with Power to adjourn to such times and places as shall appear most Conducive to the Public Safety and advantage:—And it is hereby injoined, that at least four of the said Gentlemen constantly attend on the business of their Delegation.

Sent up for Concurrence John Hancock Spk

In Council Oct r . 4, 1780 read and concurred John Avery D Secy

Consented to by the Major Part of the Council True Copy Attest 1

1 The original is in the Papers of the Continental Congress , Massachusetts, Credentials of Delegates .

A report from the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office in the State of Pennsylvania, in favour of Mr. G[eorge] Walton, one of the delegates for the State of Georgia, for twelve thousand dollars old emissions, for which the said State of Georgia is to be accountable.

That a warrant issue on the treasurer in favour of Colonel William Malcolm, for thirteen thousand four hundred dollars old emissions, to defray the expences of four men and five horses in bringing money from Abraham Yates, the loan officer of the State of New York, to the continental treasury, to be destroyed, who employed the said Colonel Malcolm for that purpose and with whom he is to account. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 1.

Treasury Office , December 21st, 1780 .

The Board of Treasury having received a Letter from the Treasurer of Loans dated the 12th Instant mentioning that “as there are only two remaining of the four Commissioners appointed to count 0018 6 and destroy the Emissions taken out of circulation—He did not think proper to receive the Money of those Emissions Mr. Brown has brought”—beg leave to offer the following resolution:

Resolved , That John Shee and Andrew Doz, together with the treasurer of loans, be competent to execute the duties heretofore assigned them, in conjunction with Hugh Montgomery and Samuel Downe; and that the said John Shee and Andrew Doz, with the treasurer of loans, proceed to destroy any bills which are or may be transmitted by the commissioners of the loan offices to the treasurer of loans, of the emissions of May 20th, 1777, and April 11th, 1778, called out of circulation.

The Board having taken into consideration the Remonstrance of Jonathan Sturges on the subject of damages done his Farm by the Continental Troops (referred to them by Congress), beg leave to Report—

Resolved , That the consideration of the damages, represented by Jonathan Sturges, to be done his farm by the continental troops, be deferred to the close of the present war, then to be taken up, in common with others of a similar nature, which have been postponed to that period.

The Board further report;

Ordered , That a warrant issue on Abraham Yates, commissioner of the continental loan office for the State of New York, in favor of Edward Chinn, one of the late commissioners of accounts at Albany, for five hundred dollars in the bills of credit emitted pursuant to the act of Congress of the 18 of March last, advanced on account of his salary and to enable him to pay the contingent expences of his present office as an itinerant commissioner of the chambers, and for which sum he is to be accountable.

Resolved , That loan office certificates of the following denominations, bearing an interest of six per cent. per annum, be struck under the direction of the Board of Treasury, to be 0019 7 issued to such fortunate adventurers in the third class as may be entitled to and apply for the same; and that the said certificates be dated at the time of finishing the drawing of the said class, and made payable at the end of five years, viz.

1 of 30,000 dollars. 2 of 10,000 dollars. 200 of 1,000 dollars. 1 of 20,000 do. 10 of 5,000 do. 1000 of 500 do. 1 2 of 15,000 do.

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 775.

The Board of Treasury, to whom was referred the letter from Resolve Smith, report, that, in the opinion of the Board, it is not only inexpedient but highly improper, at this juncture, to dispose of bills of exchange for the purposes pointed out in his letter: 2

2 This report is in the Papers of the Continental Congress , No. 136, IV, folio 767.

Resolved , That Congress agree to the said report.

Ordered , That on the application of John Pierce, deputy paymaster general, for money to enable Captain Brown, of Colonel Harrison's regiment of artillery, to join the southern army, the following warrants be issued:

One on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twelve thousand three hundred and seventy-five dollars old emissions.

One on Thomas Harwood, commissioner of the continental loan office for the State of Maryland for two thousand six hundred and thirty-six dollars in the bills of credit emitted pursuant to the act of Congress of the 18 of March last (part of the bills aforesaid subject to the orders of Congress) for which sum the said deputy paymaster general is to be accountable. 3

3 This report is in the Papers of the Continental Congress , No. 136, IV, folio 781.

Treasury Office , December 19, 1780

From the letter from Joseph Clay to the Board of Treasury dated Hillsborough the 20 th of November, 1780, the following facts are collected:

That only 15,000 dollars of the 100,000 dollars sent in bills of Exchange for the supply of the Southern Army had been sold, and 0020 8 those at the rate of 60 for one only, and as it is to be understood from the same letter, that no more will be sold for so high a price, that the necessities of the army are such as will compel M r Clay to sell the bills for any price he may be offered. Upon these facts the Board of Treasury submit the following resolution

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan-office for the State of Pensylvania, in favor of the paymaster to the Board of War and Ordnance, for one million dollars, of the old emissions, to be by the said paymaster immediately transmitted to Joseph Clay, deputy paymaster general to the southern department: that the said Joseph Clay be informed, by the Board of Treasury, of the value of bills in this city, and that he be directed to forward what bills may be remaining in his hands unsold by return of the escort who takes to him the money aforesaid, unless it shall appear to the said paymaster for the southern department, absolutely necessary to retain a part of such bills for indispensable supplies for the said department. But at all events the said deputy paymaster shall return to the Board of Treasury thirteen thousand dollars, in bills of exchange, as an equivalent for the million of dollars sent him as aforesaid. That upon the return of the bills aforesaid to the Board of Treasury, should they exceed the equivalent for the million sent, immediate measures be taken for the sale of the said bills, and the money arising from such sale forwarded to the said Joseph Clay, for the use of his department. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 769.

A report from the Board of War was read; Whereupon,

War Office Dec r . 29 th ., 1780 .

Sir ,

Enclosed is a letter from Genl Knox to Mr Hodgdon D. Com y . Gen l . of Military Stores on the subject of a Sword ordered by Congress for Col Meigs. It is sent to shew the light in which the officers view the matters, many similar applications and some more pointed having 0021 9 been made. Three or four years ago Col Flower had some swords made and shewed them to the Board of War for their approbation, but they were conceived to be too badly executed to be presented as a token of National approbation and confidence to the gentlemen Congress meant to honor and were therefore rejected and never paid for by the public as Col Flower informs. It is impossible to gratify the wishes of the gentlemen entitled to swords by Resolutions of Congress under our present embarrassments even if they could be manufactured here with sufficient neatness. It is therefore proposed that eight swords be required in the estimate now going to France. Knowing the delicacy of Congress with respect to asking more in this way than was absolutely essential, it is with some diffidence this proposal is made; but the officers think themselves neglected on the one hand, and it is impracticable on the other to remove their jealousies by domestic purchases. It is therefore proposed that Congress be pleased to direct:

Ordered , That the Board of War add to the estimate of supplies to be imported from Europe, eight plain, but elegant silver mounted small swords. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 21.

A letter from Colonel Armand was read; Whereupon, 2

2 This letter is in the Papers of the Continental Congress , No. 164, folio 446.

Resolved , That General Washington be informed, that Congress consent to his permitting Colonel Armand to take from the line of infantry in the army of the United States, when the state and strength thereof will admit, a sufficient number of volunteers to complete his partizan corps for the next campaign, provided he be not allowed to take more than six men from a regiment. 3

3 This report is in the Papers of the Continental Congress , No. 147, IV, folio 735.

A representation and memorial of Charles Young was read:

Ordered , That it be referred to the Board of Treasury.

A memorial of James Byers was read. 4

4 Young's memorial is in the Papers of the Continental Congress , No. 41, X, folio 728; that of Byers is in No. 41, I, folio 323.

0022 10

A report from the Board of War, on the letter of J. Laurens, was read; Whereupon,

At a Board of War , January 1, 1781

Present M r Peters Gen l Cornell M r Mathews

The board have considered the letter of Lieut Col Laurens on the subject of certain engagements into which he entered with a view of furnishing a Corps of Blacks to the Southward, and beg leave to inform Congress, that the Board gave orders to the Commissary General of Military Stores to procure to be made four hundred Cartouch Boxes, and to have repaired of the public Arms four hundred stands on Lieut Col Laurens's furnishing the money, for the repair of the Arms and purchase of the accoutrements, these monies to be repaid him when the public circumstances would admit. That in consequence of the orders and in a private engagement from Col Laurens to him M r Hodgdon procured to be made and repaired four hundred Cartouch Boxes and the like number of stands of Arms for the payment whereof M r Hodgdon pledged himself to the workmen who have made and repaired the Arms and accoutrements and having performed their part of the contract now most importunately press M r Hodgdon for payment which he has no means of doing consistent with other demands of the department.

That the clothing agreed for by Col Laurens stated in his letter appears to be contracted for at reasonable prices and in the opinion of the Board it ought to be taken for the public use it being much wanted.

The following resolution is therefore submitted:

Ordered , That bills of exchange, to the amount of three thousand seven hundred dollars, be put into the hands of the paymaster of the Board of War and Ordnance, for the purpose of enabling the said Board to take for public use, a number of cartouch boxes and a quantity of cloathing, contracted for by Lieutenant Colonel Laurens, and to pay for the repairs of a number of arms, for which Colonel Laurens became engaged. 1

1 This report is in the Papers of the Continental Congress , No. 165, folio 25.

0023 11

A report of the Board of War was read; Whereupon,

At a Board of War , December 26, 1780

Present M r . Peters Gen l Ward

The Board of War beg leave to report the following Additional Regulations for the Clothing Department—

That the Clothier General lay before the Board of War from time to time, estimates of the number, species and quantities of Articles of Clothing necessary to be procured from Europe or purchased within these States for the use of the Troops, and on such estimates being allowed, and the articles to be procured by domestic purchases specified by the said Board, orders shall issue from the Clothier General to the Agent Clothiers for making the purchases in such places as the said Board shall direct—

That there be three Agent Clothiers appointed by the Board of War—one to reside in the Eastern—another in the Middle—and another in the Southern District or Division of the United States, whose duty it shall be to purchase and make up all such articles of clothing as shall be directed by the Clothier General with the concurrence of the Board of War and transmit the same, to such places as shall be pointed out by the said Board or the Commander in Chief. All Articles of clothing imported from Europe to be also received and where necessary made up and forwarded by the said Agent Clothiers—

That all monies for purchasing articles of clothing, and the expences attending the making, storing or forwarding the same shall be supplied by the Treasury Board to the Clothier General on estimates allowed by the Board of War, and by him transmitted to the Agents in the proportions allotted to them respectively by the said Board.

That the Board of War in conjunction with the Commander in Chief shall appoint proper places for the receipts and issues of all clothing, and order persons to be there stationed under the direction of the Clothier General, to whom shall be transmitted by the Agent Clothiers respectively exact Invoices of all clothing imported and received and forwarded by them—and of such articles as are purchased within these States an account of Quantities Species and Prices . Invoices shall also accompany every parcel of clothing sent to the places of Deposit, and Duplicates of the whole should be transmitted to the Board of War, that a judgment may be formed of the prices given, and of the quality of articles imported or purchased— 0024 12 and for this purpose, all articles coming into the hands of the Clothier General or of any of his Deputies or Assistants stationed at the places of Deposit shall be compared by them with the Invoices and the quality thereof shall be examined, and if the prices are exorbitant or the articles bad in kind, or ff there shall be any Deficiencies, the same shall be represented to the Board of War to enable them to make a proper investigation into the conduct of the purchasing Agents, or if the Deficiencies happen in the Articles imported from abroad, or the same shall be of bad quality, the necessary information may be given to Congress on the subject—

That the Clothier General keep up a regular correspondence with the said Clothing Agents, so as to be constantly informed of the state of their business and to be enabled to give information from time to time to the Board of War of all the material transactions and prospects of the said Agents, who are hereby required duly to inform the Clothier General of every material occurrence in the course of their business and to make to him monthly returns of all articles received, purchased, forwarded or remaining on hand, which returns shall be by the Clothier General drawn into one general return and transmitted monthly with the other returns of his Department to the Board of War and the Commander in Chief.

That for transacting the whole business of receiving, purchasing and making up all articles of clothing passing through their hands respectively each of the said Agent Clothiers receive a Salary of Dollars per annum in specie or bills of the new emissions.

That the said Agent Clothiers shall have so many assistants and clerks as the Board of War shall deem necessary, and the salary of an assistant shall be Dollars, and that of a clerk Dollars per month in specie or bills of the new emissions. The Clothier General for transacting the business herein prescribed, shall if it be deemed necessary by the said Board have additional assistants and clerks at the monthly pay before mentioned.

That the Quarter Master General and his deputies in the several States shall, on the requisitions of the said Agent Clothiers respectively, furnish the means of transportation of all articles of Clothing from the places where imported, received or purchased to the places of deposit; and careful Waggon Masters or Conductors to be appointed by the Quarter Master General or some of his Deputies shall proceed with the clothing, who shall be answerable for all deficiencies on the road unless they shall be able to show that the same happened by 0025 13 unavoidable accident, and not thro' their misconduct or want of attention.

That in cases of injuries or deficiencies happening in the transportation of Clothing, the Clothier stationed at the Magazine or place of Deposit shall represent the matter to the nearest commanding Officer of the Troops of the United States, that the Waggon Master or Conductor having had charge of the clothing so damaged or deficient may be arrested and tried by a Court Martial, and if found guilty compelled to restore the goods lost, or their value, or make satisfaction for Damages accrued through his negligence or mismanagement, or be punished according to the nature of the offence, by judgment of the Court Martial.

That if at any time it shall be necessary to make purchases of Arms, Ammunition or other Articles in the Ordnance Department, the same shall be made under the direction of the Board of War and Ordnance, by the persons appointed Agent Clothiers without any additional expence to the United States, for their trouble in making such Purchases. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 757. A copy is on folio 781. A “Plan for regulating the clothing department” is on folio 777.

Ordered , That the report of the committee on the cloathing department be re-committed, and that the report of the Board of War now read be referred to the said committee.

The committee sent to camp delivered in their accounts;

Ordered , That the same be referred to the Board of Treasury.

Ordered , That the petition of P. January be referred to a committee of three.

The members, Mr. [Joseph] Montgomery, Mr. [John] Witherspoon and Mr. [William] Sharpe.

The committee to whom was referred the memorial of Lee and Jones delivered in their report.

The Committee to whom was referred the letter from Arthur Lee, Esq r ., of the 7th of December, report further:

That they have had under consideration the fifth, sixth, seventh, eighth and ninth Paragraphs of the said letter relating to the Conduct and Connections of the Minister Plenipotentiary at the Court of 0026 14 Versailles, and of the officers and agents of the United States acting under his orders in France;

That they have endeavored to obtain the most impartial Testimony relative to the causes of detention of the Cloathing and Supplies obtained from that Court, and the Proceedings of the agents and officers abroad, of which the following is an authentic state of facts in the opinion of your Committee:

Vide the letter from the Marquis de la Fayette on that subject addressed to the Committee, No. 1.

Vide Mr. Brown's Evidence, No. 2.

Vide Cap t . Truxon's Evidence, No. 3.

Vide Cap t . Sauter's Evidence, No. 4.

Whereupon, your Committee report it as their opinion that a day be appointed to take the sense of Congress whether D r . Franklin, Minister Plenipotentiary at the Court of Versailles, shall be recalled. 1

1 See Ante Vol. XVIII, p. 1114. This report, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 19, III, folio 513. The indorsement says: “Read Jany. 2, 1781. August 24, 1781, not to be acted upon.”

War Office Dec r . 29 th . 1780

Sir ,

The detachment of the Artillery Artificers who were stationed in Philadelphia have marched to Carlisle agreeable to the direction of Congress, but whether there is a sufficient stock of provisions at that post yet remains a doubt, particularly as to the article of meat.

The Board have done every thing in their power to have supplies at the post, and if any disappointments happen, they hope they shall not be deemed responsible. If money and provisions can be furnished these men will be usefully employed, if not they will be a burthen to the public, and what is most alarming, the Army will want their Ordnance supplies.

The affairs at Springfield remain in the most deranged situation. A M r . Hiller who is strongly recommended to the Board as a capable person, is appointed Commissary of Military Stores, and is intended to take charge of the business at Springfield; but his instructions are delayed on account of the report of the Board respecting the pay of the department not being acted on by Congress.

The season is far advanced and the preparations so essentially necessary for the next Campaign are still delayed. Every day lost at this period will be regretted at the opening of the Campaign and therefore it is hoped Congress will excuse the Board for pressing a 0027 15 determination on the report before mentioned, and also repeating their request, that a sum of money agreeable to estimate, may be furnished the Commissary General of Military Stores, to enable him to proceed on the duties of his department. The estimate made by the Commissary General amounts to £51,230 in Specie, but if half that sum could be speedily furnished, and so much of the remainder as the Board shall deem absolutely essential be supplied in the course of a few months, the business would emerge from its present languid state, and the Department rendered useful to the public. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 18. It: was read on this day, as the indorsement indicates.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 3, 1781

A letter, of this day, from Doctor William Shippen, director general of the hospital, was read, requesting leave to resign: 2

2 This letter is in the Papers of the Continental Congress , No. 78, XXI, folio 1.

Ordered , That his resignation be accepted.

Two papers, signed Patrick Garvey, were laid before Congress and read:

Ordered , That the same be referred to the Medical Committee.

A letter, of this day, from the hon ble J. Laurens, was read.

A letter, of 2, from A. Lee, was read: 3

3 Laurens' letter is in the Papers of the Continental Congress , No. 165, folio 37; it is printed in the Diplomatic Correspondence of the Revolution (Wharton) IV, 225. Lee's letter is in the Papers of the Continental Congress , No. 78, XIV, folio 401.

Ordered , That it be referred to the Board of Treasury.

The delegates of Virginia laid before Congress a memorial to them from Major C. Holmer: 4

4 This memorial is in the Papers of the Continental Congress , No. 41, IV, folio 153.

Ordered , That it be referred to the Board of Treasury to take order.

A letter from James McComb was read: 5

5 This letter is in the Papers of the Continental Congress , No. 78, XVI, folio 117.

Ordered , That it be referred to a committee of five.

0028 16

The members, Mr. [Samuel] Adams, Mr. [Jesse] Root, Mr. [John] Witherspoon, Mr. [Thomas] McKean, Mr. [George] Clymer.

Ordered , That the committee on the letter, of October 30, from the Board of War, be discharged, and that the said letter, with the papers enclosed, be referred to the Board of War.

Ordered , That a member be added to the committee on the letter, of November 19, from Major General Greene, in the room of Mr. [Ezekiel] Cornell.

The member, Mr. [Artemas] Ward.

A letter and memorial, from John Ross, were read, with a copy of his account against the United States: 1

1 This letter and memorial are in the Papers of the Continental Congress , No. 41, VIII, folios 280 and 284.

Ordered , That the same be referred to the Board of Treasury to liquidate the account and devise ways and means for paying the balance due to him.

A report from the Board of Treasury was read:

Ordered , That on the application of Mr. [William] Few, a delegate for the State of Georgia, a warrant issue in his favour ont Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for fifteen thousand dollars old emissions, for which the said State of Georgia is to be accountable.

The Board having taken into consideration the Memorial of Henry Geiger of the 20 th of December 1780 (referred to them by Congress) beg leave to report:

That the Memorialist appears to be in the same situation with numbers of others, who furnished supplies to General Lincoln for the Southern Army, in payment of which they received his draughts on the President of Congress.

That the State of the Treasury is such at present as not to admit of the payment of these drafts in money. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 3.

0029 17

The Board of War, to whom was referred the letter of October 13 from Brigadier J. Reed, delivered in a report; Whereupon,

Resolved , That for the future, Brigadier General James Reed receive the emoluments of officers retiring from service by virtue of the resolutions of Congress on that subject; and that it be recommended to the executive of the State of New Hampshire to make up to him the depreciation of his pay from the time of his appointment to this day; and to pay him in future, on account of the United States, the sum he is entitled to receive, from time to time, by virtue of the said resolutions. 1

1 A copy of this resolve is in the Papers of the Continental Congress , No. 78, XXI, folio 125. The Board of War's report, dated January 2, is in No. 147, VI, folio 29.

Congress took into consideration the draft of the letter of credence for the hon ble J. Adams, which was agreed to.

The committee appointed to prepare letters of credence to the honourable J. Adams reported drafts which were agreed to as follows: 2

2 This report is entered only in the manuscript Secret Journal, Foreign Affairs. A copy of the first letter in Thomson's hand, is in the Papers of the Continental Congress , No. 19, I, folio 17, and of the one to the Prince of Orange in No. 25, I, folio 267. The letter to the Prince of Orange is printed in the Diplomatic Correspondence of the Revolution (Wharton) IV, 225.

To their High Mightinesses the States General of the United Netherlands.

HIGH AND MIGHTY LORDS,

The United States of North America in Congress assembled, impressed with a high sense of the wisdom and magnanimity of your High Mightinesses, and of your inviolable attachments to the rights and liberties of mankind, and being desirous of cultivating the friendship of a nation eminent for its wisdom, justice and moderation, have appointed the honourable John Adams, late a delegate in Congress from the State of Massachusetts, and a member of the council of that State, to be their minister plenipotentiary to reside 0030 18 near you, that he may give you more particular assurances of the great respect they entertain for your High Mightinesses. We beseech your High Mightinesses to give entire credit to every thing which our said minister shall deliver on our part, especially when he shall assure you of the sincerity of our friendship and regard. We pray God to keep your High Mightinesses in his holy protection.

Done at Philadelphia, this third day of January, in the year of our Lord, 1781, and in the fifth year of our Independence. By the United States of America. Your Friends,

S. Huntington , President .

Attest Ch. Thomson , Sec'y . 1

1 A draft of this letter, in the writing of Jesse Root, is in the Papers of the Continental Congress , No. 19, I, folio 9, and is as follows:

High and Mighty Lords:

The thirteen united States of North America in Congress assembled impressed with a high sense of the Wisdom and magnanimity of your high Mightinesses and of your inviolable attachment to the rights and liberties of mankind—and willing to testify our approbation of the regulations adopted by your high Mightinesses for protecting the freedom of Commerce and the Rights of nations—Have appointed the Hon ble . John Adams Esqr late a Delegate in Congress from the State of Massachusetts bay and a member of the Council of said State, our minister plenipotentiary at your Court that he may give more particular assurances of the great respect which we entertain for your high Mightinesses and of our earnest desire to cultivate friendship and to enter into a treaty of Commerce with a power eminent for its wisdom justice and moderation on terms of equality and reciprocity—

We beseech your H. M. to give entire credit to everything which our said Minister shall deliver on our part especially when he shall assure you of the sincerity of our friendship.

We pray God to keep your H. M. in his holy protection

Done by the 13 united States of North America assembled in Congress at Philadelphia the Day of

To His Most Serene Highness the Prince of Orange.

HIGH AND SERENE PRINCE,

The United States of America in Congress assembled, impressed with a deep sense of your wisdom and magnanimity, and being desirous of cultivating the 0031 19 friendship of your Highness, and of the seven United Provinces of the Netherlands, who have ever distinguished themselves by an inviolable attachment to freedom and the rights of nations, have appointed the honourable John Adams, late a delegate in Congress from the State of Massachusetts, and a member of the council of that State, to be their minister plenipotentiary at your Court, that he may give you more particular assurances of the great respect they entertain for your Highness and for the people over whom you preside as Stadtholder. We beseech your Highness to give entire credit to every thing which our said minister shall deliver on our part, especially when he shall assure you of the sincerity of our friendship and regard. We pray God to keep your Highness in his holy protection.

Done at Philadelphia, &c.

Congress took into consideration the report of the committee on the petition from Thomas Lee and John Coffin Jones; and thereupon,

The Committee appointed to consider the petition of Thomas Lee and John Coffin Jones Report,

That it appears to your Committee that on the 13 th day of January 1780, Messrs. Otis and Henley Agent Clothiers, under the Board of War, made a certain contract with the said Lee and Jones for a quantity of Clothing for the army. That the Board of War upon being informed thereof, declined confirming the Contract only from an apprehension that they should not be able to make payment; but advised that the matter should be laid before Congress. That Congress considered the same in—last and adopted the contract and ordered payment to be made accordingly. That the Contract has afforded a large supply of clothing for the army this winter. The time of payment has expired near six months ago. Messrs Otis and Henley became personally responsible and the Credit of Messrs. Lee and Jones as merchants is at stake.

Your Committee therefore submit the following resolution,

0032 20

Resolved , That the Board of Treasury be, and hereby are directed to draw bills of exchange in favour of the said Joseph Carleton paymaster to the Board of War Lee and Jones, at six months sight, upon the Hon. John Adams, for the full amount of the balance, principal and interest, due on the contract made with them for a quantity of cloathing for the army, by Otis and Henly, in behalf of the United States, on the 13th January, 1780, to be delivered to the said Otis and Henly, and for which they are to be accountable. 1

1 This report, in the writing of William Floyd, is in the Papers of the Continental Congress , No. 39, III, folio 523.

SIX O'CLOCK

Resolved , That a committee of three be appointed to confer with the supreme executive of the State of Pensylvania, on the subject matter of the intelligence received this day.

The members, Mr. [John] Sullivan, Mr. [John] Witherspoon and Mr. [John] Mathews. 2

2 A letter of December 20, 1780, from the Governor of Massachusetts, was read on this day, according to the indorsement. It is in the Papers of the Continental Congress , No. 65, I, folio 472.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 4, 1781

A letter, of December 8, from John Boreman; and

A letter, of November 29, from Doctor Forster to the Medical Committee, were read: 3

3 Boreman's letter is in the Papers of the Continental Congress , No. 78, IV, folio 61; Foster's is in No. 78, IX, folio 491.

A report from the Board of War was read; Whereupon,

At a Board of War Jan y . 3 rd . 1781

Present

Mr Peters, Gen l Ward, Gen l Cornell

The Board beg leave to inform Congress that they have for some time past been in the practice of drawing warrants on the Paymaster 0033 21 General in favor of officers who chance to be in the city, and as the Board find by experience, that this practice is the source of a variety of evils, they submit the following report.

Ordered , That the Board of War draw no warrants on the paymaster general, except for the invalid regiment, and the regiments of artificers in the department of the commissary general of military stores, until the farther order of Congress. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 35.

The committee to whom was referred the memorial of Peter January delivered in a report; Whereupon,

The Committee to whom was referred the Memorial of Peter January beg leave to report

That they have received full satisfaction as to the character of Mr January and his attachment to the cause of America, as also to the truth of the facts set forth in his Petition and therefore propose the following Resolution.

Resolved , That a passport be given to Peter January to enable him to go to Great Britain or Ireland and to bring his property from thence to America, he finding security to engage in no trade further than what is necessary to the transportation of his property now in that kingdom. 2

2 This resolution was also entered in the manuscript Secret (Domestic) Journal. The report, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 19, III, folio 279.

The committee on the letter from James McCombe delivered in a report, which, being read, was re-committed.

The Committee to whom was referred the letter of James McComb Clothier of the State of New Jersey, report the following resolution.

That the Treasury Board be directed to draw bills on in favor of said James McComb to the amount of twelve hundred pounds 0034 22 sterling at days sight for which the State of New Jersey is to be accountable. 1

1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress , No. 19, IV, folio 11. Another draft of the report, also in the writing of Jesse Root, undated, is in No. 36, IV, folio 497, as follows:

The Committee to whom was referred the letter of James McComb Clothier of the State of New Jersey Report That they have considered said letter—find that the line of the army belonging to that State are in distress for want of Cloathing and that the agent of said State Labors under particular difficulties in procuring the same immediatly; thereupon submit the following resolutions viz t .

That the Board of Treasury deliver to the Board of War Bills of Exchange on Dr Franklin to the amount of twelve hundred pounds sterling to be applied to the purchasing of Clothing for this use and that the Board of War deliver to the said James McComb Clothing for the use of said State to the amount of the aforesaid sum as soon as the same be procured upon his paying for them to the Board of War.

A report from the Board of War was read; Whereupon,

At a Board of War Jan y . 4 th . 1781

Present

Mr Peters Gen l . Ward Gen l . Cornell

The Board having received an application from Cornet Braymans praying leave to resign his commission and requesting a sum of money to enable him to return to France and it appearing that he has a balance due him of three hundred dollars of the new emissions for his pay and depreciation, the Board beg leave to report,

Ordered , That the resignation of Cornet Braymans, of Colonel Armand's corps, be accepted: that the Board of Treasury report a warrant in favour of Cornet Braymans, for three hundred dollars, of the new emissions, in full for his pay, depreciation, and every other claim he may have against the United States as an officer. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 39.

Congress took into consideration the report of the Committee on the Post Office; Whereupon,

The Committee on the Post Office to whom was referred the letter [from] Mr. Bache, postmaster general, of the 16 th inst. beg leave to submit the following resolution:

Resolved , That so much of the act of the 12th of December last, for regulating the Post Office, as directs “that for the future the pay of post-riders be double the sum they received 0035 23 before the present war,” be suspended until further order of Congress. 1

1 This report is in the Papers of the Continental Congress , No. 61, folio 485. It was delivered December 22, 1780, as the indorsement shows.

Congress took into consideration the report of the committee on the petition of M. M'Connell, &c. and others, under similar circumstances, wherein it is represented,

The Committee to whom was referred the petition of M c Connel Taggart, &c, with other cases under similar circumstances, Report—

That the resolution of the 25 th . of Feb y . last referred to in the resolution of the 26 th of August last respects only the prices at which the several States should be credited for the specific supplies exclusive of the cost of transportation—and doth not with Justice apply to individuals in all cases—

That the petitioners, in the summer past, had, in the vicinity of the army near West Point, a quantity of rum, &c. which they had transported thither at their own expence from a considerable distance; that by order of the commanding officer at West Point, some of the rum, &c. was received upon special contract, and some was taken without any particular contract, for the use of the garrison; that the price agreed for is no more than the current price at that time in that place, and not greatly exceeding the price fixed by the resolution of the 25 February, after deducting the charges of transportation: that cases such as these, being singularly circumstanced, ought not to be confined to the rule prescribed in the resolution of the 26 August: Whereupon,

Resolved , That the cases above referred to, and others under similar circumstances, where supplies have been furnished by individuals for the use of the army, upon particular contracts, be settled and paid agreeably to such contracts, making good the depreciation; and that where such supplies are taken without any particular contract, they be settled 0036 24 and paid according to their just value, to be estimated by the current price of such articles at the time and place, when and where taken, with the depreciation, to be calculated in both cases by the rules established for that purpose. 1

1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress , No. 19, IV, folio 13. A copy of the report from the Journal is in No. 42, VII, folio 414.

The committee appointed to confer with the managers of the Bank laid before Congress “An Account of the first payment received on the loan subscription”: 2

2 This account is in the Papers of the Continental Congress , No. 34, folio 297.

Ordered , That it be referred to the Board of Treasury to devise ways and means of repaying the same to the managers of the bank.

A letter from Abraham Skinner, with sundry papers, was read: 3

3 This letter is in the Papers of the Continental Congress , No. 53, folio 149.

Ordered , That the same be referred to a committee of three.

The members, Mr. [John] Sullivan, Mr. [Abraham] Clark, Mr. [William] Sharpe.

A report from the Board of War was read; Whereupon,

Ordered , That fifty thousand dollars of the old emissions be furnished to Colonel Miles, Deputy Quartermaster for the State of Pennsylvania, for the purpose of supplying Captain Brown, of Harrison's regiment of artillery, with monies to bear the extra expences of a number of waggons under his charge on their way to the southern army. 4

4 This report is in the Papers of the Continental Congress , No. 147, VI, folio 31.

A remonstrance of the Legislative Council and General Assembly of New Jersey, of January 3, against the sale of lands by Virginia was presented on this or an approximate date. it is in the Papers of the Continental Congress , No. 68, folio 565.

Adjourned to 10 o'Clock to Morrow.

0037 25
FRIDAY, JANUARY 5, 1781

A letter, of 4, from John Wharton, one of the navy board of the middle district, was read, desiring leave to resign;

Ordered , That it be referred to the Board of Admiralty.

A letter, of 4, from John Sandford Dart, was read, accepting the office of auditor to the southern army. 1

1 Wharton's letter is in the Papers of the Continental Congress , No. 78, XXIV, folio 293; Dart's letter is in No. 78, VII, folio 323.

Resolved , That two members be added to the committee appointed on the 3d instant to confer with the supreme executive of the State of Pensylvania, on the subject matter of the intelligence received that day; and that the said committee be instructed to act in concert with the said executive, and fully empowered to take such measures as may appear necessary to quiet the disturbances in the Pensylvania line:

The members added, Mr. [Samuel John] Atlee and Mr. [Theodorick] Bland.

Ordered , That a warrant issue in favour of the committee aforesaid on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty-five thousand dollars, for defraying their expences.

The committee to whom was re-committed their report on the letter of James McComb brought in another report; Whereupon,

Resolved , That bills of exchange on the minister plenipotentiary of these United States at the Court of Versailles for twelve hundred pounds sterling, payable at 90 days sight, be prepared by the Board of Treasury and delivered to the Board of War, and negotiated for purchasing under their direction cloathing for the Jersey line. 2

2 This resolution was also entered in the manuscript Secret (Domestic) Journal.

Resolved , That a warrant issue on the treasury of the State of New Jersey in favour of John Pierce, deputy paymaster, for £ 2000 five thousand dollars of the new emissions 0038 26 agreed to be advanced by the said State towards the pay of the army.

A letter, of 26 December, from P. Schuyler, was read: 1

1 The report on McComb's letter, in the writing of James Duane, is in the Papers of the Continental Congress , No. 19, IV, folio 9. Schuyler's letter is in No. 153, III, folio 589.

Ordered , That it be referred to the Board of War.

The Committee to whom was referred the Petition of George Fisher late of the City of New York biscuit baker, Report.

That presuming that Congress intended by the resolutions of the 26 th . of August last to give relief to all who have furnished supplies for the war and who have suffered by the depreciation of the paper currency, as well on settled as unsettled accounts, your Committee are of opinion, That the Petitioner is entitled to the relief provided by the said resolution if upon a resettlement it shall appear that payments have not been duly made, and in order that all creditors on settled as well as unsettled accounts may be enabled to obtain such liquidations of their respective accounts as will enable them to avail themselves of the relief provided by the said resolutions of the 26 th . of August last, your Committee submit that it be,

Resolved , That all accounts of creditors to the United States who have furnished supplies for the Army, or for the transportation thereof which have been settled may be resettled agreeably to the rules laid down in the resolution of the 26 th . of August last, and that all such creditors whose accounts shall be so resettled be entitled to the relief provided by the said resolution. 2

2 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 19, II, folio 281.

Congress took into consideration the report of the committee on the memorial of George Fisher, and it appearing that the said George Fisher served as a baker to the army of these States in the years 1777, 1778 and 1779, and in the course of his business borrowed large sums of money to purchase flour which he baked into bread and delivered to the army; that, upon the settlement of his accounts with the commissary in December, 1779, he was allowed only the nominal sums advanced by him as aforesaid, which he received 0039 27 in May, 1780; and that the sums borrowed and applied as aforesaid are still due and must be paid according to the value at the time of borrowing them, making good the depreciation; Whereupon,

Resolved , That the settlement of the accounts of George Fisher aforesaid be revised and settled by the commissary according to the resolution of the 26 of August last. 1

1 This and the preceding paragraph are based upon a report in the writing of Jesse Root, in the Papers of the Continental Congress , No. 19, II, folio 285. A copy, as an extract from the minutes, is in No. 138, I, folio 479.

The committee to whom were referred the letter of Abraham Skinner, commissary of prisoners, and other papers relative to the treatment of prisoners in the hands of the enemy, delivered in a report as follows:

“That notwithstanding every effort of Congress to obtain for our people, prisoners in the hands of the enemy, that treatment which humanity alone should have dictated, the British commanders, unmindful of the tenderness exercised towards their men, prisoners in our hands, and regardless of the practice of civilized nations, have persisted in treating our people, prisoners to them, with every species of insult, outrage and cruelty. Officers and men are indiscriminately thrown into the hold of prison-ships and into loathsome dungeons, and there deprived of fuel and the common necessaries of life, by which means many of the citizens of these states have been compelled to enter into their service, to avoid those distresses which a conduct so contrary to the law of nations had brought upon them. Our seamen taken upon the American coast, have been sent to Great Britain, and other parts beyond seas, to prevent their being exchanged, or to force them to take arms against their native country: that in the opinion of the committee, an exercise of the law of retaliation has become necessary, as a justice 0040 28 due to those citizens of America whom the fortune of war has thrown into the power of our enemy; Whereupon,

Resolved , That copies of the letter of Mr. A. Skinner, and the other papers referred, be transmitted to the Commander in Chief, and that he be directed to enquire into the manner in which our people who are prisoners, are treated by the enemy, and that he give immediate orders to the commanding officers at the different posts to take particular care that the British prisoners receive the same allowance and treatment, in every respect, as our people, who are prisoners, receive from the enemy.

Resolved, That it be recommended to the several and respective executives to confine all British sea officers and seamen in prison ships or in common goals and order them the same allowance of provisions and the same treatment in every respect as our sea officers and seamen receive from the British.

Resolved , That it be recommended to the respective executives to take effectual measures for carrying into execution the act of Congress of the 13 th of January, 1780, respecting prisoners taken by the subjects citizens, troops or ships of particular states:

That the Board of Admiralty issue orders not to exchange any British sea officer or seaman, until the enemy Repealed January 29th. shall have returned to some of their garrisons in America, such seamen as they have taken upon the American coast, and sent to Great Britain, or other parts beyond sea: and that the Board of War and Board of Admiralty give orders for continuing the treatment of prisoners as herein directed, until they receive orders to the contrary from Congress or the Commander in Chief.” 1

1 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress , No. 19, V, folios 337 and 339.

Ordered , That two members be added to the committee appointed to report a proper compensation to the staff of 0041 29 the army in consequence of the depreciation of the currency, in the room of Mr. [Samuel] Holten and Mr. [Nathaniel] Peabody, who are absent.

The members chosen, Mr. [James] Duane and Mr. [Jesse] Root.

The delegates for Massachusetts laid before Congress instructions from their constituents: 1

1 Those instructions are in the Papers of the Continental Congress , No. 65, I, folio 468.

Ordered , That the same be referred to the foregoing committee.

A memorial of Captain John Williamson was read: 2

2 This memorial is in the Papers of the Continental Congress , No. 41, X, folio 534.

Ordered , That it be referred to the Board of War to take order.

The Commercial Committee to whom was referred the letter of Baron d'Arendt to Congress, report as follows,

That they have had the same under consideration, and that from Baron d'Arendt's assurances, as well as from authentic testimonials, they have every reason to conclude he is relied upon by the Court of Berlin for informations, respecting the trade and productions of these United States; with a view to discover how far the subjects of the king of Prussia might derive benefit from a commercial intercourse with us.

That altho' the points he hath submitted to your Committee may be considered rather as questions respecting the ordinary channels and modes of commerce, or matter connected therewith, capable of answer by private enquiry than as propositions for the judgment and determination of Congress. Yet they are of opinion it will appear, from the nature of Baron d'Arendt's agency, that the king of Prussia has evidenced an attention to the affairs and circumstances of America which as it may lead to important consequences, should not be suffered to pass by unnoticed. They therefore submit the following resolutions.

Resolved , That Congress approve of Baron d'Arendt's collecting the best information possible respecting the trade of America, and the best mode of opening and carrying on commerce between the citizens of these United States and the subjects of his Prussian Majesty. Resolved , That Congress do in the name of these United 0042 30 States, publish and declare that it is their sincere desire to cultivate universal peace and friendship, and to promote a mutual exchange of the blessings of Commerce with all nations upon principles of justice, equality and reciprocal advantage. 1

1 This report is in the Papers of the Continental Congress , No. 19, II, folio 11. The indorsement says, “Read Jany. 5, 1781. Postponed; it being judged improper for Congress to give any answer on the subject to Baron d'Arendt.”

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 6, 1781

A letter, of 4, from Major General St. Clair, and

A letter, of 5th, from his excellency, J. Reed, were read. 2

2 St. Clair's letter is in the Papers of the Continental Congress , No. 152, IX, folio 439; Reed's is in No. 69, II, folio 323.

A letter from the Board of War was read; Whereupon,

At a Board of War Jan y . 5 th . 1781

Present M r Peters. Gen l . Cornell

The Board having considered the last paragraph of the enclosed letter from Gen l . Washington, beg leave to report:

Resolved , That Ignatius Penet be appointed a lieutenant in Colonel Armand's partizan corps. 3

3 This report is in the Papers of the Continental Congress , No. 147, VI, folio 43.

A letter, of this day, from the Board of War, was read, which being referred to a committee, the said committee brought in a report; Whereupon,

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of the commissary general of military stores, for fifty thousand dollars of the old emissions, to be applied as the Board of War shall direct, for which the said commissary general is to be accountable. 4

4 This report is in the Papers of the Continental Congress , No. 29, folio 195. The Board of War's letter is in No. 147, VI, folio 47.

The committee to whom was referred the letter of December 11 th , from J. Pearce, delivered in a report, which was read, and, after debate,

0043 31

The Committee to whom was referred the letter from Mr J. Pierce, Deputy Pay Master Gen l . report it as their opinion, that the said Letter be referred to the Board of Treasury. 1

1 This report, in the writing, of James Duane, is in the Papers of the Continental Congress , No. 19, V, folio 179.

Ordered , That the farther consideration thereof be postponed, to be taken up on Monday next.

Ordered , That four members be added to the committee appointed to report a plan for the revision and new arrangement of the civil executive departments of the United States under Congress.

The members, Mr. [James] Duane, Mr. [Thomas] Burke, Mr. [Thomas] McKean, Mr. [James Mitchell] Varnum.

Resolved

That it be recommended to the Commander in Chief to appoint and send in to New York a Commissary of Prisoners as soon as possible, and that the Quarter Master General take the proper measures for notifying the several States of such appointment by having the same inserted in the Publick Prints;

Resolved That it be recommended to the Executives of the States respectively who have officers prisoners with the enemy at New York or on Long Island to send in to the care of our Commissary of Prisoners there, a sufficient sum in specie to defray the expence of their Officers' maintenance while in captivity and charge the same to account of the United States. And that where any State cannot conveniently procure specie, they be permitted to send in the following articles viz:

Lumber, Boards, Scantling, Iron, Hemp, Pitch and Tar—to be consigned to our Commissary of Prisoners or agent at the place. 2

2 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress , No. 19, VI, folio 335. It was a report on letters of General Washington, Brigadier Irvine, and Colonels Mathews and Ely; it was read January 6, and was referred, the indorsement says, to Madison, Montgomery and Root. See ante , December 18, 1780, and post January 8.

A letter of this day from the Board of War, giving an account of the bills of exchange that have passed through their paymaster's hands, was read, as the indorsement indicates. It is in the Papers of the Continental Congress , No. 147, VI, folio 51.

Adjourned to 10 o'Clock on Monday.

0044 32
MONDAY, JANUARY 8, 1781

A memorial from John Macpherson was read.

A memorial from John Henderson, in behalf of O. Pollock, was read: 1

1 Macpherson's memorial is in the Papers of the Continental Congress , No. 41, VI. folio 207; Henderson's is in No. 41, IV, folio 165.

Ordered , That the consideration of the report of the committee on Mr. Henderson's former memorial be taken into consideration to Morrow.

A letter, of 7th, from the committee appointed to confer with the supreme executive of Pensylvania was read. 2

2 This letter is in the Papers of the Continental Congress , No. 152, IX, folio 447.

A report of the Board of Treasury on the letter, of 2, from A. Lee, esq r , was read:

Ordered , That the same, together with the report of the chamber of accounts on Mr. Lee's account, be referred to a committee of three.

The members, Mr. [Abraham] Clark, Mr. [Thomas] Burke, Mr. [Isaac] Motte.

On motion of Mr. [Abraham] Clark,

Ordered , That the resolution on the report of the committee on the memorial of Mr. McConnel, passed the 4 th instant, be reconsidered, and the words, “to be calculated in both cases by the rules established for that purpose”, contained in the said resolution, be cancelled.

Ordered , That the warrant drawn, the 2 d December last, on the treasurer, in favour of Captain Joseph Traversie, for one thousand six hundred and twelve dollars and nine ninetieths and ⅜ of a ninetieth, in bills of credit emitted pursuant to the act of the 18 th March last, be cancelled and in lieu thereof a warrant drawn on Thomas Smith, commissioner of the continental loan office in the State of Pensylvania, for a like sum in favour of Captain Joseph Traversie, for the purpose mentioned in the warrant aforesaid.

0045 33

A letter, of 22 December last, from the governor of the State of Massachusetts, was read, with sundry papers enclosed: 1

1 The letter and papers are in the Papers of the Continental Congress , No. 65, I, folios 480–500.

Ordered , That the same be referred to a committee of three.

The members, Mr. [Samuel] Adams, Mr. [James] Duane, Mr. [Thomas] Burke.

A letter, of 2, from General Washington, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 152, IX, folio 425. It is printed in the Writings of Washington (Ford), IX, 85.

A report from the Board of War was read; Whereupon,

Ordered , That the resignation of Lieutenant Henry Stroop, of Colonel Flower's regiment of artificers, be accepted. 3

3 This report is in the Papers of the Continental Congress , No. 147, VI, folio 67.

Resolved , That Colonel Broadhead be informed, that it will be agreeable to Congress to receive the visit proposed to be made to them by some of the friendly Delaware Indians in the spring, as mentioned in his letter of the 7th of last month to the Board of War:

That Colonel Broadhead be also informed, that Congress will support, as far as their abilities will permit, such of the Indians of the Delaware tribe, as shall voluntarily engage in the service of the United States against the common enemy. 4

4 This report is in the Papers of the Continental Congress , No. 147, VI, folio 59.

A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Mr. [William] Floyd, a delegate from the State of New York, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twelve thousand dollars, for which the said State of New York is to be accountable:

In compliance with a resolution of Congress of the 25 th . September last

The Board report as their opinion,

0046 34

That John L Clarkson and Cornelius Comegys Clerks in the Treasury Office have and receive a salary at the rate of five hundred dollars per annum paid quarterly in specie or other current money equivalent 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 13.

That on the application of Richard Philips, steward to the President of Congress, a warrant issue on Thomas Smith, commissioner of the continental loan office for the commonwealth of Pensylvania, in his favour, for fifteen thousand dollars, for the use of the President's household, and for which the said steward is to be accountable:

That on the application of John L. Clarkson, clerk to the Board of Treasury, a warrant issue on the treasurer in his favour for eight thousand dollars old emissions, in part of the salary now due him, and for which he is to be accountable:

That on the application of Patrick Ferral, a clerk in the auditor general's office, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for one hundred and fifty dollars new emission, in part of the salary now due to him, and for which he is to be accountable: 2

2 This report is in the Papers of the Continental Congress , No, 136, V, folio 5.

Treasury Office January 5, 1780[1 ]

The Board of Treasury have considered the memorial from Major C. Holmer to the Delegates of Virginia read in Congress Jan y 3 rd . and referred to the Board to take order.

The Board have no doubt of the justness of Major Holmer's claim, but consider it entirely out of their line of duty to determine whether money ought or not to be advanced to the Major. In the opinion of this Board this Memorial would have come properly under the consideration of the Board of War, but if it be the pleasure of Congress to consider this a particular case and choose to make the Major an advance, the Board submit the following resolution.

That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in 0047 35 favour of John Pierce, deputy paymaster general for the main army, for two hundred and sixty-six dollars in the bills of credit emitted pursuant to the act of Congress of the 18th of March last, to enable the said deputy paymaster general to advance that sum to Major C. Holmer, and for which the said John Pierce is to be accountable:

January 7 th . 1781

The Board beg leave to lay before Congress the report of the Chamber of accounts and the Auditor General on the accounts of the honble Arthur Lee Esq. late Minister of the United States at the Court of Versailles &c, upon which the Board, in consequence of the Letter of the said M r Lee of the 2 nd . inst to the President of Congress referred to the Board: beg leave to make the following observations and beg to receive the directions of Congress thereon. That with respect, to the acknowledgement of M r Lee of the sum of 375,000 Livres some accounts must be instituted and credited in the books at the Treasury, and thus it seems for the reasons assigned by M r Lee can only be declared by Congress.

That to comply with the rules laid down in the Treasury for the liquidation of accounts the accountant ought to produce the authority by which he acted and the vouchers to support his account: therefore to dispense with these requisites in the present; instance it will be necessary that Congress should give directions.

Pursuant to an order of Congress of the 4 th instant the Board report,

That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Cornet Brayman, for three hundred dollars of the new emissions, in full for his pay, depreciation and every other demand he may have against the United States as an officer: 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 9.

Treasury Office Jan y . 2 nd . 1781

The Board of Treasury having considered a letter from Cha s Pettit Esq Ass t . Quarter Master General dated Dec r . 22 nd . 1780 (herewith transmitted to Congress) beg leave to report the following resolution.

Resolved , That for the prevention of frauds and abuses injurious 0048 36 to the public interest in settling the rate of depreciation by the persons empowered to examine and adjust accounts in pursuance of the Acts of the 18 th . of March and 26 th of August last the value of the Continental bills of credit, compared with specie at the time the money became due, at the place where the supplies were furnished shall be ascertained according to the table of depreciation, as settled by the resolution of Congress of the 28 th . of June last.

The Board having taken into consideration a letter from John Lloyd dated Nov r . 10 th . 1780 (referred to them by Congress) beg leave to report.

That the account referred to in the said letter was under consideration of the Board and reported upon to Congress on the 23 rd . day of March 1780 in the following words, “That the Postponed account of John Lloyd appears to be for purchases made in the Department of the late Joseph Trumbull late Commissary General: That the accounts of the said Department are not yet finally settled, and therefore it cannot appear whether any balance is due from the United States thro' the same. That on mature reflection they are of opinion that payment of particular balances due from the Department of the late Commissary General Joseph Trumbull, ought to be deferred until the final adjustment of the accounts of the Department, notwithstanding the late report of the Board for the payment of a balance due to Mr Fisher. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 199; a copy of the portion relating to Chas. Pettit is on folio 15, and Pettit's letter, of December 22, 1780, is on folio 17.

Ordered , That so much of the report of the Board of Treasury as relates to the letter of C. Pettit, A. Q. M. G., dated 22 December, together with the said letter, be referred to a committee of three.

The members, Mr. [George] Clymer, Mr. [Samuel] Johnston, Mr. [Jesse] Root.

The Board of War, to whom was referred the letter of 15 November from the governor of New York, with the letter from Colonel Malcolm enclosed, delivered in a report; Whereupon,

0049 37

At a Board of War Jan y 2 nd . 1781

Present M r Peters Gen l . Cornell

The Board having considered the letter of Gov r . Clinton of Nov r 15 th . and the letter from Col Malcolm enclosed therein, which were referred to them, beg leave to inform Congress.

That it appears to the Board that in the Spring 1779, the regiments of Spencer and Malcolm, two of the sixteen additional regiments were consolidated, but the field officers of the line of additionals, so far as appears to the Board were not in every instance arranged. The Commander in Chief recommended to Colonels Spencer and Malcolm to acommodate with each other, so as to settle who should take the command of the regiment, but no agreement between Colonels Spencer and Malcolm appears. Col Spencer was in the actual command, and so continued 'till the last arrangement, and Col Malcolm retired unwillingly from actual duty in the line, having occupied himself during the period of his discontinuing the command in the line some times in performing the duty of Adjutant General of the Northern Army and sometimes commanding Militia of the State of New York, under his Continental Commission which does not appear to be superseded by any positive act; but on the contrary by resolve of the 19 th . of June 1778, it is determined, “That Col William Malcolm D y . Adjutant Gen l in the Army now under Gen l Gates, be permitted to hold his rank in the Army and his regiment if the same shall be kept up in the new arrangement now making.” Whether or not his holding the rank without the regiment entitles him to pay, Congress will be pleased to determine. Should they be of opinion that he is entitled to pay and rank, it will then in the opinion of the Board be proper to resolve.

That Col William Malcolm be permitted to retire from the service of the United States, and receive all the benefits to which Officers of his rank are entitled by any resolution of Congress on retiring from service.

If on the contrary Congress should be of opinion that the rank only was continued, they will please to resolve—

Resolved , That, in the opinion of Congress, Colonel William Malcolm cannot be considered as entitled to pay and subsistence as a colonel in the service of the United States, longer than he held the actual command of his regiment; and that 0050 38 he be recommended to the executive of the State of New York as a meritorious officer, who, from the impracticability of employing him in the army, is to be deemed a supernumerary under the resolution of Congress of the 24 day of November, 1778.

And whereas Colonel Malcolm has been employed, after his leaving his regiment, on sundry occasional services:

Resolved , That it be referred to the executive of the State of New York to settle and adjust his pay during the time of such services, and charge the same to the United States. 1

1 A copy of these resolutions, as an extract from the minutes, is in the Papers of the Continental Congress , No. 78, XVI, folio 387. The report is in No. 147, VI, folio 69.

The committee, to whom was referred the report of a committee on letters from General Washington, &c of December 8, delivered in a report; Whereupon,

Resolved , That it be earnestly recommended to the states, from New Hampshire to North Carolina, inclusive, to procure and forward to the treasurer of the United States, or to their commissary of prisoners, appointed to reside at New York, by the 1st day of March next, for the use of the officers in captivity at that place, and on Long Island, and to be charged to the United States, the following sums respectively, in specie, or bills of exchange on New York, viz.

New Hampshire, 2,319 dollars

Massachusetts, 13,334 do.

Rhode Island 1,160 do.

Connecticut, 9,855 do.

New York, 4,347 do.

New Jersey, 5,217 do.

Pennsylvania, 13,334 do.

Delaware, 987 dollars.

Maryland, 9,159 do.

Virginia, 14,492 do.

North Carolina, 5,796 do.

80,000 dollars.

Resolved that it be permitted to such of the said States as cannot provide their respective proportions within the limited time in specie or bills aforesaid, to export to New York lumber, boards, seantling, iron, hemp, tar or pitch to be consigned to the American commissary of prisoners sending them in sufficient quantity to procure the same.

0051 39

Postponed] That to prevent a repetition of the distresses to which the want of specie has exposed the officers of the United States in captivity it be further recommended to States above named to procure and transmit to the Treasurer of the United States half yearly during the war reckoning from the first day of March next, the sum of dollars in specie in the proportions above assigned; to the same to be credited to the said states respectively.

1

1 This report, in the writing of James Madison, is in the Papers of the Continental Congress , No. 19, VI, folio 329.

Congress took into consideration the report of the committee on the memorial of W. Peck, and, after debate, the same was set aside by the previous question.

Congress proceeded to the election of an adjutant general, and, the ballots being taken, Brigadier General Hand was elected.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 9, 1781

A letter, of December 14, 1780, from Governor Nash, was read.

A letter, of 8 th , from Captain A. McLane, was read; Whereupon,

Ordered , That a warrant issue in favour of Captain A. McLane, on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for the sum of ten thousand dollars, to be charged to the State of Maryland, and for which the said State of Maryland is to be accountable.

A letter, of this day, from the Board of War, was read: 2

2 Nash's letter is in the Papers of the Continental Congress , No. 72, folio 115; McLane's is in No. 78, XVI, folio 121; that of the Board of War is in No. 148, I, folio 269.

Ordered , That it be referred to a committee of three.

The members, Mr. [Thomas] Bee, Mr. [Samuel] Adams, Mr. [Joseph] Montgomery.

A report from the Board of Treasury was read; Whereupon,

0052 40

Ordered , That on the application of Mr. [James] Duane, a delegate for the State of New York, a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in his favour, for fifteen thousand dollars old emissions, for which the said State of New York is to be accountable:

That on the application of William Kinnan, copper plate printer to the United States, a warrant issue in his favour on Thomas Smith, commissioner aforesaid, for eight thousand dollars old emissions, part of the salary due to him and for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 23.

Congress took into consideration the report of the committee on the letter of 6 December last, from the president and supreme executive of Pensylvania; Whereupon,

Resolved , That the president and supreme executive council of the State of Pensylvania be informed, that Congress have paid due attention to their letter of the 6 December last, stating “a high abuse of office, committed by James Mease, late clothier-general, and William West, jun., his deputy or appointee: who, in conjunction with Major General Arnold, did, under colour of office, in the year 1778, take from sundry inhabitants of this city, great quantities of merchandise, not necessary for the army, which were converted to their private emolument:”

That Congress highly disapprove such conduct, and consider it as a flagrant abuse of office and of the public confidence reposed in them, and meriting exemplary punishment; and,

That it be recommended to the said president and supreme executive of the State of Pensylvania, to direct the attorney general of the said State to prosecute the said James Mease and William West, jun., in the name of the United States, 0053 41 in the ordinary course of law, for the abuse of office and breach of trust complained of. 1

1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress , No. 20, II, folio 137. It was delivered Dec. 18, 1780.

Congress resumed the consideration of the report on the letter from J. Pierce; Whereupon,

Ordered , That the said letter be referred to the Board of Treasury.

Congress took into consideration the report of the committee on the memorial of J. Henderson, and, after debate:

Ordered , That it be referred to the Committee of Commerce.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 10, 1781

A letter, of 7 th , and one, of 8 th , from the committee appointed to confer with the supreme executive of Pensylvania;

And a letter, of 8 th , from Brigadier General Wayne and Colonels Butler and Stewart, were read, with sundry papers enclosed. 2

2 The committee letter of the 8 th is in the Papers of the Continental Congress , No. 152, IX, folio 455; one of the 9 th was also read; it is on folio 461. Wayne, Butler, and Stewart's letter is in No. 152, IX, folio 473.

A letter, of this day, from Baron d'Arendt, was read. 3

3 A translation of this letter, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 43, folio 9. The letter is in No. 78, VII, folio 331.

The committee to whom was referred the correspondence between his excellency, Count de Vergennes, and the hon ble J. Adams, delivered in a report; Whereupon,

Congress agreed to the draught of a letter to Mr. Adams.

The committee, to whom was referred the correspondence between his Excellency the Count de Vergennes and the honble John Adams, relative to the communication of the plenipotentiary powers of the 0054 42 latter, reported the draught of a letter, which was agreed to in the words following:

Sir ,

Congress consider your correspondence with the Count de Vergennes on the subject of communicating your plenipotentiary powers to the ministry of Great Britain, as flowing from your zeal and assiduity in the service of your country; but I am directed to inform you, that the opinion given to you by that minister relative to the time and circumstances proper for communicating your powers, and entering upon the execution of them, is well founded. Congress have no expectations from the influence which the people of England may have on the British councils, whatever may be the dispositions of that nation or their magistrates towards these United States; nor are they of opinion that a change of ministers would produce a change of measures: they therefore hope that you will be very cautious of admitting your measures to be influenced by presumptions of such events, or their probable consequences.

I am, Sir, Your humble Serv t . S. Huntington , President . 1

1 This letter was entered only in the manuscript Secret Journal, Foreign Affairs. It is in the Papers of the Continental Congress , No. 25, I, folio 409, in the writing of Charles Thomson.

From this point to the end of the day the proceedings were entered also in the Secret Journal, Foreign Affairs.

Honble J. Adams .

Congress took into consideration the report of the committee appointed to consider and report a plan for the Department of Foreign Affairs, wherein they state,

“That the extent and the rising power of these United States entitle them to a place among the great potentates of Europe, while our political and commercial interests point 0055 43 out the propriety of cultivating with them a friendly correspondence and connection:

That to render such an intercourse advantageous, the necessity of a competent knowledge of the interests, views, relations, and systems of those potentates, is obvious:

That a knowledge, in its nature so comprehensive, is only to be acquired by a constant attention to the state of Europe, and an unremitted application to the means of acquiring well grounded information:

That Congress are moreover called upon to maintain with our ministers at foreign courts a regular correspondence, and to keep them fully informed of every circumstance and event which regards the public honor, interest, and safety:

That to answer those essential purposes, the committee are of opinion, that a fixed and permanent office for the Department of Foreign Affairs ought forthwith to be established, as a remedy against the fluctuation, the delay and indecision to which the present mode of managing our foreign affairs must be exposed”; Whereupon,

That your Committee are further of Opinion that the most efectual mode of conducting the Business of the Department for foreign affairs woud be thro' a Minister vested with Confidential powers after the Example of other nations, responsible for his Trust and under the immediate Direction of Congress.

That there are however obstacles to be apprehended which may retard the Introduction of such a plan; and as a provision which can be carried into immediate practice is indispensably necessary, your Committee therefore submit the following Resolution:

Resolved , That an office be forthwith established for the Department of Foreign Affairs, to be kept always in the place where Congress shall reside:

That there shall be a secretary for the despatch of the business of the said office, to be stiled “Secretary for foreign affairs:”

That it shall be the duty of the said secretary to keep and preserve all the books and papers belonging to the Department 0056 44 of Foreign Affairs; to receive and report the applications of all foreigners; [to correspond with the ministers of the United States at foreign courts, and with the ministers of foreign powers and other persons, for the purpose of obtaining the most extensive and useful information relative to foreign affairs, to be laid before Congress when required; also to transmit such communications as Congress shall direct, to the ministers of these United States and others at foreign courts, and in foreign countries;] the said minister secretary shall have liberty to attend Congress, that he may be better informed of the affairs of the United States, and have an opportunity of explaining his reports respecting his department; [he shall also be authorized to employ one or, if necessary, more clerks to assist him in the business of his office; and the secretary, as well as such clerks, shall, before the president of Congress, take an oath of fidelity to the United States, and an oath for the faithful execution of their respective trusts.]

Negativ d That a Committee of Congress consisting of three members of whom the president shall always be one shall have the superintendance and direction of the Department of foreign affairs and that the Secretary for foreign affairs shall be subject to their Instructions and Submit all his correspondence and proceedings to their Inspection. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 25, I, folio 311, and was delivered June 12, 1780. The portions in brackets were not in the report, but were added during the debate.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 11, 1781

Two letters, of 10 th , from the committee appointed to confer with the supreme executive of Pensylvania; and one, of 7 th , from Major General St. Clair, were read:

Ordered , That the letter from the committee be referred to a committee of three.

0057 45

The members, Mr. [James] Duane, Mr. [James] Lovell, Mr. [Thomas] Burke.

A letter, of 31 December, from E. Blaine, was read: 1

1 One Pennsylvania letter of 10th is in the Papers of the Continental Congress , No. 20, II, folio 97; the other is in No. 152, IX, folio 465; St. Clair's letter is in No. 152, IX, folio 451; Blaine's letter is in No. 165, folio 331.

Ordered , That it be referred to a committee of three.

The members, Mr. [Joseph] Montgomery, Mr. [Abraham] Clark, Mr. [James] Duane.

A memorial from Lieutenant Colonel Fleuri was read: 2

2 This memorial is in the Papers of the Continental Congress , No. 147, VI, folio 135.

Ordered , That it be referred to the Board of War.

A report from the Board of Treasury, on the letter of J. Pierce, was read:

Treasury Office January 10, 1781 .

The Board of Treasury represent for the Information of Congress—

That from the Entries in the Treasury Books it appears that a Balance is due from the Respective States upon the Monthly Tax of fifteen Million of Dollars per month; to the month of February, 1780, inclusive 42,491,284 7/9 7/0 Dollars as will more particularly appear by the Paper herewith sent, wherein the separate balances are particularly specified; as a part of these Balances three Warrants have been drawn in favor of the Commissary General of Purchases in Consequence of a Resolution of Congress of the 26 th . of August last. One on the Treasurer of the State of New Jersey for 281,435 Dollars—one on the Treasurer of the State of New York for 647,810 Dollars—and one on the Treasurer of the State of Pennsylvania for 268,0493/90/0 dollars, none of which warrants are paid as this Board believe, and therefore it is considered the balance stated above is due.

That from any information received from the respective Treasurers of the different States, it is not probable that any more money will be brought in, in Discharge of their Quotas aforesaid up to the first of March last in the old money.

The Board also lay before Congress another Paper which will shew the whole amount of the four Tenths of the Money of the 18 of March subject to the order of Congress and the amount of the Warrants already drawn as a part of that money.

The Board have not received any information from the Loan officer of the State of New Hampshire and can't say that the new 0058 46 Bills are in circulation. The Loan officer of the State of Massachusetts informs that on the 10 th : of November last the Treasurer had drawn from him 300,000 dollars in the new Bills. No information from the Loan officer of Rhode Island. No information from the Loan officer of Connecticut. The Loan officer of the State of New York has sent forward to the Treasurer 600,000 Dollars in Cancelled bills. The Loan officer of New Jersey has sent forward to the Treasurer 1,180,8723/90/0 Dollars in Cancelled Bills.

The Treasurer of Pennsylvania has not taken into the Loan office of that State any money to Exchange as this Board is informed by the Loan officer.

The Loan officer of Maryland has sent forward one hundred and fifteen thousand dollars old Emissions to be destroyed.

No information has been received from the Loan officer of Virginia.

The Board upon the Letter of John Pierce D y : P y : Mas r General of the 11 of December (referred to them by Congress) beg leave further to Report,

That there are no resources they know of by which the sum of three Millions one hundred and Twenty six thousand Seven hundred and Eighty dollars can be raised within a Short time, but from the disposal of Bills of Exchange on the Ministers in Europe if Congress shall incline to adopt that measure.

That in regard to the further sum of eight hundred seventy six thousand one hundred and fifty dollars in the new Emissions to discharge the Pay of the army from the first of August to the 31 of December last, they can only propose Warrants to be drawn on the several Loan offices in such proportions as may be most likely to be answered in the shortest time; at present the Board have no knowledge of any sum of Consequence but in the State of Massachusetts Bay. 1

1 This report is in the Papers of the Continental Congress , No. 34, folio 123.

Ordered , That the same be referred to the committee on Mr. Blaine's letter, and that two members be added to the committee.

The members added, Mr. [Samuel] Adams, Mr. [James Mitchell] Varnum.

The Board of Admiralty, to whom was referred the letter of J. Wharton, delivered in a report; Whereupon,

0059 47

Admiralty Office Jan. y . 9 th . 1781 .

The Board of Admiralty to whom the letter of John Wharton Esq r . to the Honorable the Congress of the 4 th . Instant respecting his resignation is referred beg leave to report—

That it is not without regret they find themselves called upon to attend to the proposed resignation of M r . Wharton who hath been so long, and so diligent a member of the Navy Board, but in compliance with their duty they would observe, that as from his first appointment he hath been principally employed in that branch of the business, which respects the equipping and fitting out ships, they cannot conceive that he ought to be constrained to keep his seat at that Board for the purpose of settling its accounts, and therefore they submit to Congress this Resolution.

Ordered , That the resignation of John Wharton be accepted.

And whereas the business of the Navy Board, by its present constitution cannot proceed, in case M r . Wharton's resignation should be accepted, unless a member should be chosen in his room, or the only present member James Reed Esq r . be clothed with authority to conduct the same, and as from the information of M r . Reed, it appears to be altogether impracticable for him to settle the accounts of the Navy Board without a suitable Clerk, the Board of Admiralty therefore, provided that the aforegoing Resolution should be agreed to by Congress, and they should not think it proper to appoint a member in the room of M r . Wharton, beg leave to submit the following Resolution.

Resolved , That James Reed be, and he is hereby invested with full powers for conducting the business of the navy board in the middle department, until the further order of Congress, and that he be empowered to hire a competent clerk for the purpose of assisting him in settling the accounts of that Board. 1

1 This report is in the Papers of the Continental Congress , No. 37, folio 455.

Resolved , That Monday next be assigned for electing a director general of the hospital, and a paymaster general to the army.

0060 48

Doctor J. Cochran was nominated by Mr. [James Mitchell] Varnum for the office of director general ;

Doctor Brown, by Mr. [Joseph] Montgomery;

Dr. Craig, by Mr. [Abraham] Clark.

A letter, of the 8 th , from John Sandford Dart, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, VII, folio 327.

Ordered , That it be referred to the Board of Treasury.

For the office of paymaster general were nominated:

William Geddes, by Mr. [Joseph] Montgomery;

J. Pierce, by Mr. [James Mitchell] Varnum.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 12, 1781

A letter, of 11, from the committee appointed to confer with the supreme executive of Pensylvania, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 152, IX, folio 469.

A letter, of 6 th , from Lotbinier, was read: 3

3 This letter is in the Papers of the Continental Congress , No. 78, XIV, folio 405.

Ordered , That it be referred to the Board of Treasury.

A letter, of 28 December, from Thomas Barclay, and

A letter, of 16, from Samuel Beall, were read: 4

4 Barclay's letter is in the Papers of the Continental Congress , No. 78, IV, folio 69; Beall's is in No. 78, IV, folio 261.

Ordered , That the requests contained in the said letters be granted, under proper restrictions.

A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Cha Thomson, secretary of Congress, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty thousand dollars old emissions, part of the salary due to him, and for which he is to be accountable:

That on the application of Ezekiel Forman, one of the commissioners of the Board of Treasury, a warrant issue in 0061 49 his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for ten thousand dollars old emissions, part of the salary due to him, and for which he is to be accountable: 1

1 This report is in the Papers of the Continental Congress , No. 186, V, folio 25.

Treasury Office Jan y 12 th 1781

The Board of Treasury having considered the letter of John Standfort Dart of the 8 th instant (referred to them by Congress) beg leave to report,

That the Claims upon the United States for Articles furnished and services performed, so far exceed the present Resources that are in the Power of Congress to call forth and especially at this Juncture, that the Board cant consistent with their Ideas of Justice, report the advance asked for by M r Dart but submit the Determination of this matter to Congress who can best judge of the necessity of the measure. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 27.

That a warrant issue on the said Thomas Smith, in favour of John Sandford Dart, for fifteen thousand dollars advanced to him, to enable him to proceed to the southern department, and for which he is to be accountable.

Congress took into consideration the report of the Board of War of December 8; Whereupon,

At a Board of War , Dec r . 8, 1780

Present M r Peters, Gen l . Ward, Gen l . Cornell

The Board of War beg leave to report

That in virtue of the resolution of Congress of the twenty sixth day of July last, enpowering them to arrange the affairs of the department of Commissary General of Military Stores, and fix the pay of the Officers and men employed therein, they have on account of the alteration of circumstances, since their regulation of the 12 th . of August last reported to and approved of by Congress, thought it advisable to supersede the said regulation so far as respects the pay of the Officers and men, both in the Civil and Military branches of that Department, and they request Congress that it may be

Resolved , That from and after the 1st day of August last, the pay and appointments of the officers in the department 0062 50 of the commissary general of military stores be as follows, the sums hereafter mentioned to be paid in bills of the new emissions, and all moneys received in bills of the old emissions, since the said 1st day of August, to be accounted for according to the table of depreciation, as fixed by the Board of Treasury, viz.: commissary general of military stores, 115 100 dollars per month, 3 rations per day; deputy commissary general, 80 dollars per month, 2 rations per day; commissaries, 70 dollars per month, 2 rations per day; deputy commissaries, 55 dollars per month, 2 rations per day; conductors, 45 dollars per month, 1 ration per day; clerks, 40 dollars per month, 1 ration per day.

No rations in addition to the number above mentioned, are to be allowed for servants:

That the officers and men of the regiment of artillery artificers, have the same pay, from and after the said 1st day of August, in bills of the new emissions, as was originally fixed in bills of the then emissions, by the regulations of the department, made by Congress, on the 11th day of February, 1778, and that they draw the number of rations then directed:

That the appointments of the field commissary of military stores, and his subordinate officers, be as follows, from and after the 1st day of August last, the pay to be received in bills of the new emissions: field commissary, 90 dollars per month, 2 rations per day, servants included; deputy field commissary, 70 dollars per month, 2 rations per day, servants included; conductor, 45 dollars per month, 1 ration per day, servants included; clerk, 40 dollars per month, 1 ration per day, servants included:

That the commanding officer of artillery, for his extra services in the affairs of the ordnance department, receive 40 dollars per month, in addition to his pay as an officer in 0063 51 the line, in bills of the new emissions from and after the first day of August last:

That the surveyor of ordnance for defraying his expences in the exercise of his office, be allowed from and after the first day of August last, 40 dollars per month, in bills of the new emissions, besides his appointments as a field officer of artillery. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 721.

At a Board of War Dec r . 8 th 1780

Present M r Peters Gen l . Ward.

The Board of War beg leave to lay before Congress a letter from M r . Pierce D y . Pay Master Gen l . respecting the additional sums allowed to Aids de Camp, Brigade Majors and Regimental Clothiers and Pay Master, Adjutants and Regimental Q r . Masters and submit the following Resolution

Resolved , That the additional pay of aids-de-camp, brigade-majors, adjutants, and regimental quartermasters, agreeably to the act of 27 May, 1778, be considered as fixed in specie at the times when the several allowances in addition to the pay of these officers in the line were made by Congress; and that the same, from and after the 18 day of August last, be drawn in bills of the new emission:

That the pay of a regimental paymaster and clothier, in addition to his pay as an officer in the line, be thirty dollars per month, in bills of the new emissions, and that the several states, in making up the depreciation of such officers from the times of their respective appointments, calculate upon the additional pay as being thirty dollars per month in specie.

The reason of the Board being induced to offer the Resolution relative to Regimental Clothiers and Paymasters is that at first the Paymasters had twenty dollars additional Pay allowed them. The Regimental Clothier had thirty dollars additional pay. Afterwards both these duties were directed to be performed by the same person 0064 52 and the Officers acting in these capacities claim both additional sums and have applied to their States for the depreciation on both. It is conceived that the thirty dollars stated in the above Resolve are sufficient for the additional trouble thrown upon those Officers especially as they do no duty in the line. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 63.

A report of the Board of War, respecting Colonel Donald Campbell, was read:

[Extract of a letter from His Excellency, Gen l Washington, dated Oct r 29, 1780.]

Col. Donald Campbell who was continued in his former pay and rank by a resolution of the 13 February 1777 has continued to draw rations also till lately, when the Commissary of Issues to the Northward has been in doubt whether he was not precluded from drawing Rations by the resolutions of the Tenth of March and 12 June last; the Case having been referred to me, I would wish to know the Sense and pleasure of Congress upon the subject.

At a Board of War , November 17, 1780 .

Present M r Peters, Col. Grayson.

The Board having considered the above Extract of a Letter from General Washington beg leave to report to Congress

Congress not having it in their power consistent with the Arrangement of the Army to employ Colonel Donald Campbell therein,

Resolved , That Colonel Donald Campbell be considered as a Super-numerary and be entitled to all the Benefits allowed to Officers of his rank retiring from Service. 2

2 This report is in the Papers of the Continental Congress , No. 147, IV, folio 671.

Ordered , That it be re-committed to the Board to report specially.

A motion was made respecting Captain Pendleton:

Ordered , That it be referred to the Board of War to take order, the resolution of 4 th instant notwithstanding.

A motion was made by Mr. [Abraham] Clark:

Ordered , That it be referred to the Board of War.

The committee to whom was referred the petition of the inspectors of the press delivered in a report; Whereupon,

Ordered , That the Board of Treasury give orders for the final settlement of the accounts of the superintendants of 0065 53 the press, computing their services from the day of the last adjustment, crediting them the original salary allowed by Congress, and charging them respectively the partial payments made to them on account, agreeably to the act of Congress passed the 15 day of November last. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 23. folio 62.

Ordered , That a member be added to the committee on the letter, of 25 of November, from Mr. Sullivan, in the room of Mr. [Willie] Jones, who is absent.

The member, Mr. [Samuel] Johnston.

Ordered , That two members be added to the committee on the petition of O. Bowen, in the room of Mr. [Ezekiel] Cornell and Mr. [Willie] Jones.

The members, Mr. [James Mitchell] Varnum, Mr. [James] Madison.

The report of the committee on the affairs of the treasury was called for, and the same being read, was accepted.

Ordered , That it be entered on the journal.

The report is as follows:

“That they met upon the business to them referred, and received the complaint of Ezekiel Forman and John Gibson, two of the commissioners of the Board of Treasury, against the commissioners of the Chambers of Accounts, in writing, which contains the five following charges, or articles: to wit; 1, neglect of duty; 2, indolence; 3, inattention to the public interest; 4, incapacity; and 5, partiality:

That the committee furnished the commissioners of the Chambers of Accounts with the said complaint, and afterwards heard the testimony, proofs, allegations and observations of the several parties; and after mature deliberation thereupon, find that the commissioners of the Chambers have settled above two hundred accounts between the 1st December, 1779, and the 1st December, 1780, several of 0066 54 which required the examination of many thousand vouchers and papers; and that all the accounts which have been referred to them are reported to the auditor general's office, four or five excepted, for the delay of which satisfactory reasons were given to the committee:

That the committee cannot ascertain with any precision the time that might be necessarily employed in the transacting this business, but conceive it might have been done with more facility if the present system established by Congress did not necessarily create great delays, and therefore they are, upon the whole, of opinion that the said commissioners cannot justly be censured on account of any of the three first articles or charges:

That the committee had no evidence of incapacity in the said commissioners, or either of them, save from Mr. John Nicholson, one of their clerks, whose conduct had been complained of by them, and who had recriminated the said commissioners previous to the giving his evidence; and besides, the committee are not satisfied that he is a competent judge of this matter:

That they have carefully attended to every suggestion of partiality, and, having fully investigated every particular relating to this charge, do not find any trace of the sort:

The committee, therefore, are of opinion, that the commissioners of the Chambers of Accounts, and every of them, should be acquitted of each of the charges exhibited against them.” 1

1 This report, in the writing of Thomas McKean, is in the Papers of the Continental Congress , No. 26, folio 245.

Whereupon,

Resolved , That Congress are satisfied with the said report.

The Board of Treasury, to whom was referred the report of the Board of War relative to the contract for shot and shells, delivered in a report:

0067 55

Ordered , That it be referred to a committee of three.

The members, Mr. [James Mitchell] Varnum, Mr. [George] Clymer, Mr. [Jesse] Root.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 13, 1781

A report from the Board of Treasury was read; Whereupon,

Treasury Office Jan y . 13 th . 1781

The Board of Treasury represent to Congress

That John Pierce D y Pay Master General by his letter of the 9 th instant informed the Board that his Excellency Gen l Washington has drawn on him for the pay of the German Regiment up to the 1 st . of Jan y . inst to the amount of 65,319 dollars old emissions and 10,534 dollars in the new. That the regiment aforesaid Officers and Soldiers are now in this city, and as the Board are informed cannot leave it before payment is made them, the following resolutions is therefore submitted:

Resolved , That a warrant issue on Thomas Smith Com r . of the Continental Loan Office for the State of Pennsylvania in favor of John Pierce D y Pay Master Gen l for 65,319 dollars old emissions and 10,534 dollars in the bills of credit emitted pursuant to the Act of Congress of the 18 of March last (part of the bills aforesaid subject to the orders of Congress) for the purpose of paying the German reg t . agreeably to the orders of His Excellency Gen l Washington, for both of which sums the said D y Pay M r Gen l is to be accountable, and that preference of payment be given to this warrant.

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of John Pierce, deputy paymaster general, for thirty-two thousand, six hundred and sixty dollars old emissions, and five thousand two hundred and sixty-seven dollars in the bills of credit emitted pursuant to the act of Congress of the 18 of March last, part of the bills subject to the orders of Congress, and that preference in payment be given to this warrant for the purpose of paying in part the 0068 56 arrears of pay due to the German battalion, for which sums the said deputy paymaster is to be accountable.

Ordered , That the said deputy paymaster give certificates to the individuals of the regiment aforesaid for the balance that may still remain due to them after the payment aforesaid.

Ordered , That on the application of George Bond, deputy secretary to Congress, a warrant issue on Thomas Smith aforesaid, in his favour, for eight thousand dollars old emissions, to defray the incidental expenses of the secretary's office of Congress, and for which sum he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 29.

Doctor J. Morgan was nominated by Mr. [George] Walton, for the office of director of the hospitals.

A memorial of Alexander McNutt was read. 2

2 This memorial is in the Papers of the Continental Congress , No. 41, VI, folios 211–223.

The committee to whom was referred the letter of December 7, from Major General Greene, delivered in a report; Whereupon,

Congress taking into consideration the eminent services rendered to the United States by Brigadier General Sumpter, of South Carolina, at the head of a number of volunteer militia, from that and the neighboring states, particularly in the victory obtained over the enemy at the Hanging Rock, on the 6th of August; in the defeat of Major Wemys and the corps of British infantry and dragoons under his command, at Broad river, on the 9th day of November, in which the said Major Wemys was made prisoner; and in the repulse of Lieutenant Colonel Tarleton, and the British cavalry and infantry under his command, at Black Storks, on Tyger river, on the 20th day of November last; in each of which actions the gallantry and military conduct of General Sumpter, and the courage and perseverance of his troops, were highly conspicuous;

0069 57

Resolved , therefore, That the thanks of Congress be presented to Brigadier General Sumpter, and the militia aforesaid, for such reiterated proofs of their patriotism, bravery, and military conduct, which entitle them to the highest esteem and confidence of their country; and that the commanding officer of the southern department do forthwith cause the same to be issued in general orders, and transmitted to General Sumpter. 1

1 This report, in the writing of Thomas Bee, is in the Papers of the Continental Congress , No. 19, V, folio 467.

The committee appointed to report a plan for the arrangement of the civil executive departments of the United States delivered in a report, which was read.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 15, 1781

A letter, of 6, from General Washington, was read.

A letter, of this day, from the hon ble the Minister of France, was read: 2

2 The Washington letter is in the Papers of the Continental Congress , No. 152, IX, folio 431; it is printed in the Writings of Washington (Ford), IX, 93. A translation of the French letter is in the Papers of the Continental Congress , No. 37, folio 341; another translation is printed in the Diplomatic Correspondence of the American Revolution , (Wharton) IV, 232.

Ordered , That it be referred to a committee of three.

The members, Mr. [Thomas] McKean, Mr. [James] Duane, Mr. [Thomas] Burke.

A petition from Thomas Bates was read: 3

3 This petition is in the Papers of the Continental Congress , No. 42, I, folio 230.

Ordered , That it be referred to the Board of War to take order, the resolution of 4th notwithstanding.

A memorial from Morgan Lewis was read:

Ordered , That it be referred to a committee of three.

Mr. [Thomas] McKean, Mr. [James] Lovell, Mr. [Joseph] Montgomery.

The committee to whom was referred the letter from E. Blaine, and the report of the Board of Treasury on the letter 0070 58 from J. Pierce, delivered in a draught of a letter to the states, which was agreed to as follows:

Sir : A circular address to the respective states, of the 9th day of November last, communicated a requisition of Congress for the service of the current year. This act, and the system of the 18th of March, for improving [respecting] our finances, include the principal means [which their present powers have enabled Congress to adopt] for prosecuting the war and they are of such vast moment, that, under Providence, the public safety rests upon their efficiency: measures so deeply interesting not only demand the unremitted attention and vigorous support of the legislatures; but Congress ought to be informed of their progress with the utmost precision. Both are necessary to the public credit, to the success of our military operations, to the very existence of our armies. By our act of the 21 of October, the state agents are directed to transmit to the Commander in Chief, and to the commissary general, respectively, monthly returns of all supplies which shall be drawn into their hands, specifying the articles and the magazines where they shall be deposited. It is equally incumbent on the state treasurers to make similar returns to the Board of Treasury of all the taxes which shall be brought into their respective offices, and of the issues of the new emissions. These are regulations which cannot be dispensed with, and it is recommended to the legislatures to enjoin them under such penalties as will enforce a prompt and punctual obedience.

Besides those supplies for the current year, which cannot be anticipated without the utmost danger, the pay in arrear to the army demands your most serious consideration. The honor of government and military order and discipline depend on its regular discharge. Nor was a fund sufficient for this and other purposes neglected; for had the requisitions for taxes prior to the act of the 18 of March been 0071 59 productive; had the warrants on the state treasuries for the balances of those taxes, drawn so long ago as the first of July, been satisfied, a complaint of this nature could not have existed, but when there remains at this moment a deficiency of no less than 42,499.38421/90 dollars it will readily be accounted for.

We are not unapprized of the embarrassments attending the collection of taxes from the credit given on commissaries' and quartermasters' certificates for the support of the army; but it is manifest that Congress could not provide a remedy. We had ceased [It was found expedient to discontinue] the emission of paper money, to comply with what was conceived to be the sense of the people, and from a want of confidence in the public credit our [various causes, the public] necessities were not relieved by loans, at the same time that the expedient [measure] was embraced of extinguishing those certificates in the taxes. Hence the treasury has been without destitute of supply, almost every resource being cut off at the same instant. In vain have we endeavoured to obtain a knowledge of the amount of those certificates, or how far they have been reduced; and they continue to obstruct every plan which can be [hath been] devised for restoring public credit and supporting the war. This is a subject to which the authority of the legislatures alone is competent, and it will become their wisdom and their zeal for the public service to give it the fullest investigation.

In the mean time, an immediate provision for the pay of the army is indispensably necessary. We need not dwell upon the injustice or the probable effects of a delay, they are obvious and alarming: and we earnestly call upon the several states to devise prompt and efficient means for remitting to the paymaster general, [on warrants to be issued in his favour,] the respective quotas assigned to them by the 0072 60 enclosed estimate. With this measure is connected the very existence of the army. 1

1 This sentence struck out, is in the writing of James Mitchell Varnum.

The necessity of great and spirited exertions becomes every day more evident. 2 While the cruel policy of our enemies raises our universal indignation and abhorrence, it admonishes us that no time is to be lost in rescuing our bleeding country from desolation, and establishing its independence on the basis of an honorable and permanent peace. However great may be the burthens which we are called upon to sustain, let us remember that they are the price of liberty, and that they have been common to every people who have dared to struggle for social happiness against the hand of violence and oppression. Let us reflect on our solemn engagements, to devote our lives and our fortunes to the best of causes: and we shall find that we cannot be destitute of resources. Let us review the past miseries of a lingering war, and the danger of its further protraction, and we shall seize the golden opportunity of cooperating with our generous ally, by every possible effort to render the approaching campaign glorious and decisive. If we are unable in this stage of the conflict when we enjoy the prospect of its happy conclusion to maintain our cause defend ourselves by annual taxes; can we hesitate to interpose our responsibility, or to contribute a portion of our capitals? Will a people whose fortitude and patriotism have excited the admiration of Europe, languish at the bright dawn of triumph, and endanger the public happiness by a selfish parsimony? While Congress entertain just sentiments of the zeal of their constituents for the best of causes there can be no place for such humiliating apprehensions. On the contrary, we shall look with confidence for a liberal compliance with every requisition which the public exigencies dictate. Experience has pointed out the dangers to which we have been exposed by a want of punctuality in

2 From this point the entries in the Journal are in George Bond's writing.

0073 61 former supplies, and we are persuaded that those dangers will, for the future, be carefully prevented.

For our own part we have left nothing unessayed to render the operations of the war more vigorous and successful. We have [applied] for naval succours from abroad: if we no longer continue unfortunate in the importation, we shall not want a competent supply of cloathing, arms and ammunition. We are once more attempting a foreign loan of specie: we have pointed out and required the aids of men, provisions and money, which in every event must be produced from our own internal resources. We have strenuously urged upon the states a punctual compliance, on their part, with those requisitions. With the states who have the power alone have authority to execute; with an enlightened people, who know how to estimate the blessings for which we contend, it remains to give the measures which we have recommended their full and seasonable effect.

The estimate referred to:

Estimate of the sums necessary to be forwarded by the respective states, from Pensylvania to New Hampshire, inclusive, for the immediate pay of the army composed of the lines of those states. Total 879,342 Dollars.

Apportioned by Congress as follows:

New Hampshire, 51,726

Massachusetts, 284,493

Rhode Island, 25,863

Connecticut, 155,178

New York, 77,589

New Jersey, 51,726

Pensylvania, 232,767

879,342

The above is calculated on six months' pay in specie value; one half of which to be advanced without the least delay, and the remainder by the 1st of April next. 1

1 This report, in the writing of James Duane, except the portions in brackets, which are in Samuel Huntington s writing, is in the Papers of the Continental Congress , No. 24, folio 301.

Here Charles Thomson resumes the entries.

Adjourned to 10 o'Clock to Morrow.

0074 62
TUESDAY, JANUARY 16, 1781

A letter, of 15, from J. Pierce, was read; 1 Whereupon,

1 This letter is in the Papers of the Continental Congress , No. 165, folio 517.

Resolved , That the order, of the 13, to the deputy paymaster, “to give certificates to the individuals of the German regiment for the balances that may be due to them” be and is hereby repealed.

A letter, of 14 September last, from the hon ble H. Laurens, on board the Vestal , British frigate, St. John, Newfoundland, was read. 2

2 This letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton) IV, 56.

A report from the Board of War, on the case of Colonel Donald Campbell, was read:

At a Board of War January 13 th 1781

Gen l Ward

Gen l Cornell

The Board having reconsidered their report of the 29 th of October [November 17] in the case of Col Donald Campbell, upon which they are directed to report specially, beg leave to inform Congress, That on the 17 th . of July 1775 he was appointed by Congress D Q M General for the New York department, with the rank of Colonel, in which he continued for some time, but was arrested and tried by a Court Martial in 1776, the sentence of which was unfavorable to him, but was not finally approved as Congress will see by Gen l . Gates's report on their Journals of the 18 th of Jan y 1777 to which the Board beg leave to refer. It operated however to take from him his employment of D Q M Gen l and on the 13 th of February 1777. Congress resolved: “That he be continued in his former pay and rank; and directed to repair immediately to the Commissioners for auditing accounts of the Northern Army, and settle with them the accounts of his late department”

Upon this state of the matter, and taking into consideration that Col Campbell has not done one day's public duty, except settling his own public accounts, since the last mentioned resolve, the Board submit the following resolution:

0075 63

That Col Donald Campbell be considered as out of the service from and after the 1 st . day of January 1781; and that he receive his pay and subsistence to that time without any allowance for depreciation. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 77.

Ordered , That it be referred to a committee of three.

The members, Mr. [Thomas] McKean, Mr. [George] Walton, Mr. [Joseph] Montgomery.

It being represented to Congress by the delegates of South Carolina and Georgia that all the treasury and public papers belonging to those states were deposited some time since in Virginia, and they have reason to apprehend they may be in danger of falling into the enemy's hands; Therefore,

Ordered , That on the application of the delegates aforesaid, a warrant issue in their favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty thousand dollars of the old emissions, to enable them to remove the said public papers to some place of greater security, and for which sum the said states respectively are to be accountable: South Carolina for two thirds, and the said State of Georgia for one third, of the said sum. 2

2 This order and preamble were also entered in the manuscript Secret (Domestic) Journal.

The committee to whom was referred the report of the Board of Treasury on Mr. A. Lee's accounts, and

The Committee of Commerce, delivered in reports.

The Commercial Committee beg leave to Report that from a desire of discharging the duties assigned them, they have applied to the books and papers of their predecessors, but have found them in such extreme disorder, as utterly to defeat all hope of their obtaining in any reasonable time, a sufficient knowledge of the state of the Department.

That in their opinion this disorder in the affairs of the Department has in a great measure if not wholly arisen from the practice of committing them to Members of this House, who had it not in their 0076 64 power to give them the requisite attention, without neglecting some of the more immediate and important business of Congress, for this reason the Committee submit the following Resolution:

That an agent be appointed with a competent salary whose duty it shall be to arrange and state the accounts of the former Committees of Commerce and to manage the Commercial transactions of Congress. 1

1 This report is in the Papers of the Continental Congress , No. 31, folio 225.

War Office Jan y . 15 th 1781

Sir .

The Board have been honored with an order from Congress to draw a warrant in favor of Thomas Bates late a soldier in Colonel Moylans Regiment whose case is exactly similar to those of great numbers who have been refused at this Board, and of those who never had it in their power to apply. If this warrant is drawn it will expose Congress to repeated applications and as there is no Money in the Military Chest even if warrants are drawn, they will either be useless or sold about the City for trifling considerations. The Board foresaw the present inconveniences and reported to Congress on the 22 nd of December on the subject. If the monies recommended to be put into the hands of the Pay Master General are provided we shall be happy to distribute them among the appliers. But at present we submit to Congress whether giving a Warrant or paying money to one soldier and not to others under like circumstances will not be of more disadvantage than benefit to the public. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 73. It is indorsed: “Read Jan y 16, 1781. Ordered to lie on the table.”

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 17, 1781

A memorial of Robert Elliot was read: 3

3 This memorial is in the Papers of the Continental Congress , No. 41, III, folio 61.

Ordered , That it be referred to the Board of Admiralty.

Mr. Alexander McDougall, a delegate for the State of New York, attended, and took his seat in Congress.

Resolved , That the salary of the secretary for foreign affairs be four thousand dollars per annum, exclusive of office expences.

0077 65

Resolved , That Monday next be assigned for electing a secretary for foreign affairs.

Congress proceeded to the election of a director of the military hospital; and the ballots being taken, Dr. John Cochran was elected, having been previously nominated by Mr. [James Mitchell] Varnum.

Congress proceeded to the election of a paymaster general of the army; and the ballots being taken, Mr. John Pierce was elected, having been previously nominated by Mr. [Abraham] Clark;

Resolved , That Mr. [Isaac] Motte be excused, on account of his ill state of health, from attending on the business of the Board of Treasury, and that another be appointed in his stead.

The member chosen, Mr. [George] Walton.

Mr. Robert R. Livingston was nominated by Mr. [James Mitchell] Varnum, and

Mr. A. Lee by Mr. [Thomas] McKean, for the office of secretary for foreign affairs.

A report from the Board of War was read; Whereupon,

War Office Dec r . 29 th . 1780

Sir ,

The Board have the honor to enclose for the consideration of Congress, two letters from Mr Baker Johnson in Maryland, from which it appears that he has involved himself in a difficulty, not a little distressing to him, by a laudible desire to promote the public good.

The contract for which he stands engaged was made before the resolution of the 6 th ulto prohibiting Military Officers from making purchases could be known: and being informed that an officer was left at Philadelphia for the express purpose of procuring clothing for Col Lee's Corps, leather breeches among other Articles, he thought there was little risk in becoming security for a purchase, which the soldiers then stood in need of, and which was made on terms not disadvantageous to the public.

0078 66

The Board beg leave to report:

Resolved , That the executive of the State of Maryland be and hereby are requested to liquidate and settle the account of Mr. Baker Johnson for fifty two pairs of leather breeches cloathing which he purchased for Lieutenant Colonel Lee's partizan corps on account of the United States. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 1.

The committee to whom was referred the letter, of 15, from the hon ble the Chevalier de la Lucerne, minister pleni-potentiary of France, delivered in a report, which was read:

The Committee to whom was referred the Communication of the Chevalier De la Luzerne Minister of France of the 15 th . Instant have agreed to report hereupon as follows.

Whereas His Most Christian Majesty has thought proper to give an additional proof of his regard for these United States in his letter dated the 10 th . day of August last to the Admiral of France, touching the sentence and condemnation of prizes taken by Privateers armed vessels fitted out by these States in the Ports of France, by signifying that it is his intention and pleasure, that the prizes which shall be taken by such Privateers armed vessels, and brought into any of his ports may be judged of by the Council for prizes in the same manner as those made by Privateers fitted out by his subjects; and that the officers of the Admiralty observe with regard to them the formalities prescribed by his declaration of the 24 th . June 1778. Congress desirous of evidencing a reciprocal esteem and regard for the good ally and his subjects have resolved:

That all Prizes taken by Privateers or Letters of Marque armed vessels fitted out by the subjects of his Most Christian Majesty in any of the ports of these United states, and brought within the same, may and shall be judged of tried and condemned in any Court of Admiralty, in the same manner in all respects as those made by Privateers or Letters of Marque armed vessels belonging to the Citizens of any of these States of which all persons concerned are to take notice, and govern themselves accordingly.

[If the amendments proposed by the Board of Admiralty should be agreed to the Resolution will then read:

That all prizes taken by Privateers and other armed vessels fitted out and navigated by the subjects of his Most Christian Majesty in 0079 67 any of the Ports of these United States and brought within the same, may and shall be judged of tried and condemned in any Court of Admiralty in the same manner in all respects as those made by Privateers and other armed vessels belonging to the citizens of any of these States. Of which all persons concerned are to take notice and govern themselves accordingly.] 1

1 This report, in the writing of Thomas McKean, the part in brackets in that of Thomas Burke, is in the Papers of the Continental Congress , No. 37, folio 345.

Ordered , That it be referred to the Board of Admiralty.

The Board of Treasury, to whom was referred the memorial of John Ross, together with his account against the United States, delivered in a report; Whereupon,

Treasury Office Jan y . 13 th . 1781

The Board of Treasury beg leave to report,

That they have had under their consideration the report of the Chambers of accounts and the Auditor General on the account of John Ross referred to them by Congress on the 3 rd . of January with directions to liquidate the account and devise ways and means for paying the balance due to him beg leave to submit the same to the decision of Congress on the point submitted by the Auditor General

The Board however are of opinion from the certificates adduced that M r . Ross has complied on his part with every requisition in the settlement of his accounts under the direction of Doct r . Franklin required by a special resolution of Congress for that purpose dated August 11 th . 1778 and it would seem unreasonable for trim to wait for the payment of his balance which from anything that appears to the contrary is well and justly settled until Doct r . Franklin who is in possession of the papers on which that balance is founded may send them forward. The Board are further of opinion that a continuation of the interest from the date of the settlement Viz. on the 1 st . of July, 1779, to the present time ought to be made, which, by the report amounts to the sum of £1368. 3.. 9 which with the former balance is £19,445.. 11.. 11 Sterling, the following resolution is therefore submitted:

Resolved , That bills of Exchange be drawn on the Minister Plenipotentiary of the United States of North America at the court of to the amount of nineteen thousand four hundred and forty five pounds eleven Shillings and eleven pence Sterling to discharge 0080 68 the principal and interest of the public debt due to John Ross, and that the Board of Treasury be authorized and directed to carry this resolution into effect. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 33.

Ordered , That the Board of Treasury direct the balance of nineteen thousand four hundred and forty-five pounds, eleven shillings and eleven pence sterling to be entered to the credit of John Ross in the books of the United States, and that the said balance bear an interest of six per cent. per annum until paid.

Congress took into consideration the report of the committee on the letter of 5 of November last, from General Washington, enclosing a memorial from the officers in the hospital department; and, thereupon, came to the following resolutions:

Whereas, by the plan for conducting the hospital department, passed in Congress the 30th day of September last, no proper establishment is provided for the officers of the medical staff, after their dismission from public service, which, considering the custom of other nations and the late provision made for the officers of the army, after the conclusion of the war, they appear to have a just claim to; for remedy whereof, and also for amending several parts of the above-mentioned plan:

Resolved , That all officers in the hospital department, and medical staff, hereinafter mentioned, who shall continue in service to the end of the war, or be reduced before that time as supernumeraries, shall be entitled to, and receive, during life, in lieu of half-pay, the following allowance, viz.

The director of the hospital equal to the half-pay of a lieutenant colonel:

Chief physicians and surgeons of the army and hospitals, each equal to the half pay of a major and hospital physicians and surgeons, purveyor, apothecary, and regimental 0081 69 surgeons, each equal to the half-pay of a lieutenant captain: and regimental mates each equal to the half of a pay of lieutenant

That there be allowed to the purveyor, apothecary, and assistant purveyors, each, forage for one horse:

That the power given in the before-mentioned plan, to the chief physician and surgeon of the army, to remove regimental surgeons and mates in case of absence without leave, shall in future extend no further than a power of suspension, until such delinquent shall be reported to a proper officer for bringing him to trial by court martial:

That the apothecary may deliver medicines, instruments and dressings, and other articles of his department, to the hospitals, on orders in writing from a physician and surgeon having the care of any particular hospital, where the director or one of the chief physicians and surgeons shah not be present to give the same:

That the power given to the director and chief hospital physicians, with respect to the appointment of matrons, nurses, and other persons necessary for the regular management of the hospitals, be extended to each of the physicians and surgeons of the hospitals, in the absence of the director and chief physicians and surgeons.

Negatived That notwithstanding the prohibition against officers of the hospitals using any of the Stores provided for the sick, the said officers may occasionally draw out of the hospital Stores under their particular direction by written orders on the Stewards of the same, such small articles for their comfortable subsistence as they may stand in need of, provided such articles are not immediately wanted for the use of the sick: of which articles so issued, the Stewards shall keep regular accounts, charging each officer with the articles drawn at the current price the same bears at that time, which shall be deducted out of his pay in the settlement of his account, copies of which accounts, each respective Steward, under obligation of his oath of Office, shall transmit every six months to the Purveyor, 0082 70 which being charged in a general account by him, shall be lodged in the Treasury Office

That the Director, Chief Physicians of the army and hospitals, and other Physicians and officers in the hospital department, as well those lately dismissed from service, as those re-appointed in the last arrangement who were in office between the first day of Sept r . 1777, and the 30 th . day of September last, shall have the depreciation of money made good to them on their pay for such part of the above mentioned time as they were actually employed in public service. 1

1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress , No. 19, VI, folio 331.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 18, 1781

On motion of Mr. [Abraham] Clarke, seconded by Mr. [James] Duane,

Resolved , That the Board of Admiralty be authorised to exchange, as heretofore, any exchangeable prisoners of the enemy, taken in refugee boats, for our people prisoners with the enemy, the resolution of the 5th instant notwithstanding.

A letter, of 28 December, from Major General Greene;

A letter, of 8th, from Baron Steuben, and

A letter, of 10, from the governor of Virginia, were read: 2

2 Greene's letter is in the Papers of the Continental Congress , No. 155, I, folio 497. Steuben's is in No. 164, folio 202; the Virginia letter is in No. 71, II, folio 1.

Ordered , That they be referred to the Board of War.

A report from the Board of War was read:

Ordered , That it be re-committed to the Board, and that they take order for having imported from France with all convenient speed the brass howitzers mentioned in Brigadier General Knox's letter, of 27 December: 3

3 This order was also entered in the manuscript Secret (Domestic) Journal.

Ordered , That the Board of War give orders for furnishing the discharged non-commissioned officers and soldiers, late of the Pensylvania line, with one ration of provisions for every twenty miles, to support them on the way to their 0083 71 places of abode, and that the quantity furnished be endorsed on their respective discharges.

A letter, of 3, from Major General Gates, was read. 1

1 This letter is in the Papers of the Continental Congress , No. 154, II, folio 351.

A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Mr. [John] Mathews, a delegate for the State of South Carolina, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty thousand dollars old emissions, for which the said State of South Carolina is to be accountable:

That on the application of Gillam Aertson, clerk at the war office, a warrant issue in his favour on Thomas Smith aforesaid for two hundred dollars new emissions, part of the balance of salary due to him, and for which he is to be accountable:

That on the application of John M. Jackson, one of the clerks in the secretary's office, a warrant issue in his favour on Thomas Smith aforesaid for one hundred and twenty-five dollars new emission, part of the balance of salary due to him, and for which he is to be accountable.

Ordered , That to Morrow, immediately after reading the journals, Congress be resolved into a Committee of the Whole to consider the reports respecting finance.

The committee appointed to report a compensation for the staff of the army &c.; and

The Committee of Commerce, to whom was referred the memorial of J. Henderson, delivered in their respective reports.

Congress took into consideration the report of the committee on the plan of executive boards, and, some time being spent thereon,

Adjourned to 10 o'Clock to Morrow.

0084 72
FRIDAY, JANUARY 19, 1781

According to the order of the day, Congress was resolved into a Committee of the Whole, and, after some time spent therein, the President resumed the chair, and Mr. [Theodorick] Bland reported that the Committee have had under consideration the reports referred to them, and have made some progress; but, not having come to a conclusion, desire leave to sit again:

Ordered , That to Morrow at 11 o'Clock Congress be resolved into a Committee of the Whole, to consider farther the reports on finance.

A report from the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on Thomas Harwood, commissioner of the continental loan office for the State of Maryland, in favor of John Pierce, paymaster general, for one thousand seven hundred and eighty-one dollars in the bills of credit emitted pursuant to the act of Congress of the 18 March last, to enable him to discharge a warrant drawn on him by the Board of War, in favour of Captain Daniel Pendleton, for the like sum, being on account of the pay of his company of artificers now marching for the southern army, from the first of August, 1780, to 1 January, 1781, and for which sum the said paymaster general is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folios 35 and 41.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 20, 1781

A letter, of 19, from J. Pierce, was read, signifying his acceptance of the office of paymaster general.

A memorial of the officers of the five Pensylvania companies of the late German regiment was read: 2

2 Pierce's letter is in the Papers of the Continental Congress , No. 165, folio 589; the memorial of Pennsylvania officers is in No. 41, VII, folio 286.

0085 73

Ordered , That it be referred to a committee of three:

The members, Mr. [John] Sullivan, Mr. [Samuel] Adams, Mr. [Joseph] Montgomery.

A report from the Board of Treasury was read; Whereupon,

Ordered , That, on the application of Theophilus Gardner, assistant in the auditor general's office, a warrant issue on Thomas Smith, commissioner of the Continental loan office for the State of Pensylvania, in his favour for one hundred dollars new emission, part of the balance of salary due to him and for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folios 35 and 41.

The committee, to whom was referred the letter of 31 December, from E. Blaine, delivered in a report; Whereupon,

Ordered , That a letter be written by the President to the executive of the State of Delaware, representing the necessity of forming magazines of flour contiguous to the army, and urging that State to send forward their quota to Trenton by water, without delay. 2

2 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 19, I, folio 385.

According to the order of the day, Congress was resolved into a Committee of the Whole, and after some time the President resumed the chair and Mr. [Theodorick] Bland reported that the Committee have considered farther the reports referred to them, but, not having yet come to a conclusion desire leave to sit again.

Ordered , That on Monday next Congress be resolved into a Committee of the Whole to take into their farther consideration the reports on finance.

Adjourned to 10 o'Clock on Monday.

0086 74
MONDAY, JANUARY 22, 1781

A letter, of 11, from Baron Steuben, was read. 1

1 This letter is in the Papers of the Continental Congress , No. 164, folio 210.

A report, from the Board of War, was read:

At a Board of War Jan y . 20, 1781 .

Present M r . Peters Gen l . Cornell.

Lt Col. Forrest, the Officer appointed by his Excellency the Commander in Chief, to the command of the post at Carlisle, represents to the Board that he has not received any pay for a long time past, and that it is impossible for him to proceed to Carlisle without having a sum of money advanced to him.

The Board beg leave to report, That the Board of War grant a warrant on the Pay Master General in favor of Lt. Col. Forrest of Col Proctors Regiment of Artillery, for his pay and subsistence for three months, to commence the first day of August last. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 101.

Ordered , That the same be referred back to the Board to take order, the resolution of the 4 notwithstanding.

According to order, Congress was resolved into a Committee of the Whole, and after some time the President resumed the chair and Mr. [Theodorick] Bland reported that the Committee have had under their farther consideration the reports referred, but not having come to a conclusion desire leave to sit again.

Ordered , That to Morrow, immediately after reading the Journal, Congress be resolved into a Committee of the Whole to consider farther the reports referred to them.

On motion of Mr. [Joan] Witherspoon, seconded by Mr. [Samuel] Adams,

Repealed January 23 Ordered , That for the convenience of commerce and trade the treasurer of the United States and the loan officer for the State of Pensylvania change as far as may be in their power bills emitted pursuant to the act of Congress of the 18 March last by one State for similar bills emitted by another State.

Adjourned to 10 o'Clock to Morrow.

0087 75
TUESDAY, JANUARY 23, 1781

A letter, of 15th, from General Washington;

A letter, of 28th September, and one, of 9th October, from John de Neufville & Son, were read; 1

1 The Washington letter is in the Papers of the Continental Congress , No. 152, IX, folio 511; it is printed in part in The Writings of Washington (Ford) IX, 110. De Neufville's letter of September 28 is in the Papers of the Continental Congress , No. 145, folio 41; that of October 9 is on folio 45.

A letter, of the 10th, from J. Bradford, was read, enclosing a schedule of the settlement with Captain Duarti, for the Nostra Senhora del Carmo and St. Antonio and cargo, and Captain Duarti's discharge;

Ordered , That the same be referred to the Board of Treasury.

The delegates for the State of New York, laid before Congress a letter of 14, from John M'Kesson, which being read, it was thereupon, 2

2 Bradford's letter is in the Papers of the Continental Congress , No. 78, IV, folio 73; McKesson's is in No. 78, XVI, folio 127.

Resolved , That a procurator be appointed, during the pleasure of Congress, to prosecute in behalf of Congress for all debts due to, or frauds committed against these United States in the State of New York.

Resolved , That Egbert Benson, esq. be appointed to the office of procurator as aforesaid.

Ordered , That the letter aforesaid be referred to the Board of Treasury to take order.

A report from the Board of War was read; Whereupon,

At a Board of War January 19, 1781

Present M r . Peters Gen l . Cornell.

The Board beg leave to lay before Congress a letter from Col Armand on the subject of his legion in which he proposes,

That a furlough be granted him for such time as Congress may think proper and leave granted hun to go to France for the purpose 0088 76 of procuring on his own credit, clothing, arms, accoutrements and horse furniture for his legion, Congress agreeing to pay him the amount of the articles procured, in four years with interest at five pr. cent per annum.

He represents the impracticability of getting men under the former resolution of Congress on this subject and therefore request that monies for recruiting be given to the Officer left in command of the legion for the purpose of inlisting.

That means may be taken to procure horses for the Dragoons.

He represents that the Corps is in want of a Lieutenant Colonel and wishes that Lt Col Ternant may have this appointment, when exchanged, and that this may be done without additional expence to the United States, as this Gentleman is already in the service in the rank proposed. That the remains of the Corps may be stationed at some convenient place for the purpose of equipment and discipline.

On those representations should Congress approve of them it may be proper to resolve:

Resolved , That Congress approve of Colonel Armand's proposals as made in his letter of the 19th instant to the Board of War, respecting procuring cloathing and equipment of his legion on his own credit; the monies advanced for the purchase of the articles procured, to be repaid in four years, with interest, at five per cent per annum; the articles procured to be plain and useful, without unnecessary decorations or expence:

That Colonel Armand have leave to go to France; and for this purpose a furlough be granted him for six months:

That the Board of Treasury report a warrant in favour of the paymaster of the Board of War, for the sum deemed necessary by the Board to recruit the legion commanded by Colonel Armand to its complement:

That Lieutenant Colonel Ternant be appointed lieutenant colonel of Colonel Armand's legion and take his rank and command therein when exchanged.

That the quartermaster general be directed to procure a sufficient number of horses, to remount such of the cavalry 0089 77 as are destitute of horses agreeably to directions to be given by the Commander in Chief for the next campaign, and that Colonel Armand's legion be furnished with its proportion out of the number so procured by the quartermaster general: 1

1 These resolutions as an extract from the minutes are in the Papers of the Continental Congress , No. 164, folio 462.

That the remainder of Colonel Armand's legion, now in service, be stationed, for the purpose of discipline and equipment, at such place as the Commander in Chief shall think proper:

Should Congress not deem it expedient to adopt the before mentioned resolutions, they will be pleased to resolve.

That a Committee be appointed to confer with Colonel Armand on the subject of his letter to the Board of War, relating to the arming, equipping and recruiting his partizan Corps. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 97.

That so much of the report as relates to the appointment of Lieutenant Colonel Ternant to be lieutenant colonel of the legion commanded by Colonel Armand, be referred to the Commander in Chief.

According to the order of the day, Congress was resolved into a Committee of the Whole, to consider further the reports on finance, and after some time the President resumed the chair and Mr. [John] Mathews reported that the Committee have had under consideration the reports to them referred and have made some progress, but, not having come to a conclusion, desire leave to sit again.

Ordered , That to Morrow, after reading the Journal, Congress be resolved into a Committee of the Whole to consider farther the reports on Finance. 3

3 From this point the entries are by George Bond.

A report from the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, 0090 78 in favor of John L. Clarkson, clerk to the Board of Treasury, for twenty four thousand and fifty dollars old emissions, to enable him to pay for a sett of principal books, paper and sundry other articles for the use of the auditor general's office, [and to pay for a stove already fitted up for the use of the said office] and for which the said John L. Clarkson is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 39; the portion in brackets is in the report but not in the Journal.

Thomson here resumes the entries.

Resolved , That the order of yesterday for changing the new money be and hereby is repealed.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 24, 1781

A letter, of this day, from Colonel Armand, was read; 2

2 This letter is in the Papers of the Continental Congress , No. 164, folio 450.

Ordered , That it be referred to a committee of three:

The members, Mr. [John] Sullivan, Mr. [James Mitchell] Varnum, Mr. [Alexander] McDougall.

A letter, of 22, from A. Skinner, was read; 3

3 This letter is in the Papers of the Continental Congress , No. 78, XX, folio 557.

Ordered , That it be referred to a committee of three:

The members, Mr. [Alexander] McDougall, Mr. [Joseph] Montgomery, Mr. [Abraham] Clark.

A letter, of October 4, from Mr. Dumas, was read, with sundry papers enclosed;

Ordered , That the same be referred to the committee on his former, of September 12.

Ordered , That a member be added to the said committee, in the room of those absent:

The member, Mr. [Thomas] McKean.

A memorial, from the owners of a ship building at Kensington, was read;

0091 79

Ordered , That it be referred to the Board of Admiralty to take order.

The committee, on the memorial of E. Forman; and

The committee, on the memorial of R. Peters &c; and

The committee appointed to confer and act in concert with the executive of the State of Pensylvania in quieting the disturbances in the Pensylvania line, delivered in their respective reports:

The Committee & c .

Having at different times sent to Congress every material piece of Intelligence, during the course of their negotiations, now beg leave to lay before the House a connected view of their whole Proceedings with Remarks.

On their arrival at Trenton on Saturday Evening the 6 th . Instant, they met and conversed fully with M r . President Reed from the Executive Council of the State of Pennsylvania, who had that Day been at Maidenhead near Princeton and began a Treaty with the insurgents through General Wayne. The Committee of Congress and of the Council agreed upon the measures to be pursued by them in conjunction and in particular, that not only every thing justly due to the Soldiers of the Pennsylvania line should be granted, but that a construction favorable to them should be put upon the form of enlistment, for three years or during the war ; viz: that it should terminate in three years unless the soldier had voluntarily reinlisted but that they would not on any account discharge those who had freely inlisted for the war. They also agreed that as Gen l . Wayne had offered them on the 2 d . Instant a general amnesty it should be confirmed whatever reason there was in two or three instances to have made exceptions.

The Committee received undoubted information, that the Soldiers during their march had observed very strict order, and had done far less very little damage to the Inhabitants in passing through the Country than could have been expected , and that they observed the same order in Princeton where they had now been near a week. It also appeared that they constantly gave out that they would not go to the Enemy, but that on the contrary, if the Enemy encouraged by their proceedings should make an excursion into New Jersey, they would turn and join the Militia in fighting them. Yet 0092 80 their taking Post at Princeton, which was so conveniently situated for turning either way, gave ground to suspect that they might reserve this as an ultimate resource in case of extremities—all this while Gen l . Wayne, and Colonels Stewart and Butler were with them, not Prisoners as was at first supposed, but without command.

On Sunday morning the 7 th M r . President Reed proceeded to Princeton, having been informed that the Soldiers earnestly desired it, and assured him he would be perfectly safe, the Committee of Congress remaining at Trenton to correspond and co-öperate with him. In the night preceeding a Sergeant from Gen l . Clinton at N. York with a disaffected Inhabitant of N. Jersey for a guide had come to them to Princeton and produced a written but unsigned address to them, a Copy of which is herewith laid before Congress. Another paper of the same tenor wrapt in Sheet lead, was dropt by some unknown person before the door of the House where the Board of Sergeants used to meet. These overtures they received with so much contempt and indignation that they seized the persons who brought them, and sent them to General Wayne, yet taking his promise to re-deliver them when called for, he sent them under a guard of the revolted soldiers to President Reed who met them on his way to Princeton, and carried them back under a guard of the Pennsylvania light Horse to Maidenhead for examination. When he was preparing at that place to proceed to Princeton, the Soldiers sent and desired again to have the custody of the Prisoners, yet promising to have them forthcoming to the order of the President. and they were accordingly delivered to them, notwithstanding this suspicious circumstance he determined to go on, and did so. He was received by them with great respect under arms and saluted. They discovered however on this occasion a great jealousy and suspicion of their being over-reached, for their Sergeants came up close to him on pretence of enquiring when and where they might converse with him, but in reality to be fully satisfied of the Identity of his person, nor would the soldiers be satisfied until some of the Sergeants who knew him personally assured them it was President Reed.

In the afternoon of that Day he conversed fully with the Sergeants, who acted in name of the whole, and found that they discovered no prejudices against Congress nor even against the State of Pennsylvania but chiefly against some of their own officers and complained of fine deception in their enlistments. We then read to left with them 0093 81 a set of propositions to be read to the Soldiery next morning on the Parade and early on the following day, Monday the 8 th ., sent an account of his proceedings, and a Copy of the Propositions to the Committee of Congress. In the mean time the Executive authority of the State of New Jersey had given orders to have the Militia assembled on the lines and at Brunswick, in order to protect the Country and oppose the Enemy if they should land at Amboy, as also finally to quell the Mutiny if reasonable terms should be refused.

The Committee attentively considering the whole affair and being fully informed of every circumstance by the Inhabitants of Princeton and the neighbourhood, whom the Soldiers suffered freely to mix with them, found that there was a considerable number of British Deserters who had been enlisted among them, though contrary to the repeated directions of Congress and the laws of their own State. Two of these had even been chosen into the Board of Sergeants who managed their affairs, and nothing but the dissent of these hindered them from executing the two spies by their own authority. Probably these as well as some of the other English Deserters had their eyes on New York, but they were never able to make their sentiments on this subject general, nor durst they even express them freely. The revolted Body in general discovered and even expressed great jealousies that the Militia of the country would be brought upon them to prevent which they paid the strictest attention to discipline, and the protection of the Inhabitants and every where published that they wanted only justice to themselves. They further often said that should the Enemy come out, they would join the Country under Gen l . Wayne, at the same time dropping threatenings that if the Militia came upon them before the affair was settled they would burn and waste the Country without mercy. All this had its natural effect, for there appeared no disposition in the Militia to act against them till an accommodation was tried but if they had either refused reasonable terms or turned towards New York, the Country would have risen upon them to a man.

The Committee therefore prepared on their part an additional Declaration and Requisition a Copy of which is herewith produced. This having been sent to President Reed, was by him communicated to them this Day, Monday the 8 th ., and in the Evening they sent a written Declaration upon the terms offered them a Copy of which also accompanies this Report—about this time the Committee were 0094 82 happy in receiving a Copy of Gen l . Washingtons letter to Gen l . Wayne, by which it appeared that he approved and recommended the very measures of lenity and justice which had been adopted by them, so that there would be perfect harmony on the part of the United States. President Reed adhered to his own propositions, and those of the Committee and rejected that mentioned by them of chusing an equal number of the Commissioners, who were to determine the particular claims and insisted that they should immediately accept or refuse, and if they accepted, that they should march to Trenton to have the plan carried into execution. This was accordingly agreed to. They marched next Morning and arrived at Trenton Tuesday the 9 th . about 2 o'clock P. M.

The Committee were at Trenton when they arrived and from the disposition they were in had no apprehension of danger from them yet thought it would have an improper appearance should they continue in the power of men in arms who had not yet compleated their agreement and named their officers. On this account they went over the River in the afternoon and that Evening had a long and full conference with the Committee of the Council of Pennsylvania, on which they appointed Commissioners for hearing and determining the claims of the Soldiers without delay viz. Col. Atlee of the Committee of Congress, Gen l . Potter of the Committee of Council, Capt. Morris and M r . Blair M c .lenaghan of the light horse, and also determined next Morning to make a peremptory demand of the two Spies who were yet in the custody of the Soldiers. Next Morning Wednesday the 10 th . the Soldiers proposed an additional article that they should continue in arms till the whole Regiment were settled with and not disperse as they received their discharges. But this was by President Reed who had said on the east side of the River positively refused as absurd in itself and discovering an unreasonable jealousy and a final answer to the former propositions required in two hours. Within this time they declared they were well satisfied with the nomination of the Commissioners they departed from their demand of continuing in arms after they were discharged, and promised immediately to deliver up the Spies, accordingly that Evening the Spies were sent to the Committee of Congress, a Board of officers immediately tried and condemned them, and they were executed next day the 11 th . at 12 o'Clock at the cross roads near the upper Ferry.

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The Committee then directed the Commissioners to proceed immediately to the settlement of the claims of the Soldiers in the different Regiments, one or two Regiments were settled with before the Committee left Trenton and by the Report of General Wayne, there appeared a very general disposition in those who were discharged to reinlist, to which nothing was wanting but money to pay the Bounty in advance. One circumstance ought not to be omitted, because it does the Insurgents much honor. When they delivered up the British Spies Gov r . Reed offered them 100 Guineas, which they refused saying that what they did was only a duty they owed their Country, and they neither desired nor would receive any reward, but the approbation of that Country, for which they had so often fought and bled.

From the whole of this affair thus happily terminated, your Committee humbly submit the following remarks.

1 st . That this disturbance however unhappy and threatening at first, has now afforded an undeniable and pleasing proof of the firm attachment of the Soldiery as well as the Country in general to the American cause. Notwithstanding the hardships which our army in general has suffered from the necessities of our affairs which have been many and great, and notwithstanding the peculiar complaints of many of the Pennsylvania line there was not the least appearance of any previous concert with the Enemy, nor any disposition to hearken to overtures when made by them. It ought not to be forgotten that the seizing of the Spies was previous to any steps being taken for accommodating the difference.

2. That all possible care should be taken to prevent for the future the enlisting of any British Deserters, perhaps also those who are now in the army should be discharged.

3. That Every State in the Union should be requested to pay the strictest attention to supplying the wants of the Army of every kind .

4. the soldiers never to separate severity from justice and to temper severity with mercy. 1

1 This report, in the writing of John Witherspoon, is in the Papers of the Continental Congress, No. 20, II, folio 101.

Ordered , That the report of the committee last mentioned be referred to the committee on the letter, of 10th, from the said committee.

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The committee, to whom was referred the memorial of the officers of the five Pensylvania companies of the late German regiment, delivered in a report; Whereupon,

The Committee to whom was referred the Memorial of the officers of the German Battalion beg leave to report.

That the officers were directed to march that battalion to join the Troops of Pennsylvania near Morristown by the first day of Jany. Instant.

That when they arrived with these troops on the first instant, the memorialists were dismissed the service agreeable to an act of Congress of the of for new arranging the army, by which the German Battalion was reduced.

That for the purpose of settling some regimental accounts they came to this City, on the way to their respective places of abode and not having received their pay for a number of months past are destitute of money to defray their expences in this City, or to support them on their way home. Your Committee therefore submit the following Resolution viz.

Resolved , That the Board of War draw a warrant on the Board of Treasury in favor of the paymaster Gen l . for three months pay for each of the Memorialists to be paid in bills issued in pursuance of the act of the 18 th of March last in part of the wages due to them. 1

1 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress, No. 21, folio 251.

Ordered , That the Board of War take order for causing payment to be made to each of the said memorialists three months’ pay in part of the arrears due to them, the resolution of the 4th notwithstanding, and that the same be paid in bills emitted in pursuance of the act of the 18 March last.

The Board of Admiralty, to whom was referred the report of the committee on the communications of the hon ble the minister of France, delivered in a report.

Admirality Office Jany y . 23 d . 1781 .

The Board of Admiralty to whom the Communication of the Hon ble . the Minister of France, and the report of the Committee thereon have been referred, beg leave to request, that as the said communication and report of the Committee relate to captures by 0097 85 sea and the mode of their trial and adjudication in the ports of his Most Christian Majesty, and do not touch the regulations of the Navy, the Board of Admiralty may be discharged from giving any opinion thereon, and that the same be committed to the Committee appointed to form a system of regulations for captures by sea. But if the Honorable Congress should not think proper to grant their request the Board of Admiralty then submit the following amendments to their wisdom, to wit, that between the words “taken” and “armed” in the first line, and between the words “by” and “armed” in the fourth line, the words “Privateers and other” should be inserted and that the words “and navigated” should be inserted between the words “out” and “by” in the first line of the said Report.

The reason for their first proposed amendment is that altho’ Privateers are armed Vessels, yet Privateers are defined to be “Vessels of War armed and equipped by particular merchants and furnished with a military Commission to cruise against the Enemy” &c, mad the transportation of merchandize may be the chief business of an armed Vessel . The reason for the last proposed amendment is that “fitting out” is “the act of providing a Ship with a sufficient number of men to navigate and arm her for attack or defence , also to furnish her with proper masts &c together with sufficient provisions for the Ships Company:” and this Board conceive that his Most Christian Majesty will not permit Privateers and armed Vessels belonging to these States to be manned in his Ports with Seamen (his Subjects) and further that if it should be permitted that Privateers and armed Vessels belonging to the Subjects of his Most Christian Majesty should be manned with Seamen (Citizens) of these States, the manning of the Navy and the Commerce, as well as Privateering of these States might be obstructed, and perhaps the recruiting of its armies impeded. 1

1 This report is in the Papers of the Continental Congress, No. 37, folio 339.

According to order, Congress was resolved into a Committee of the Whole, to consider farther the reports on finance, and after some time the President resumed the chair, and Mr. [John] Mathews reported, the Committee have had under consideration the reports referred to them, but not having come to a conclusion desire leave to sit again:

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Ordered , That to Morrow Congress be resolved into a Committee of the Whole, to consider farther the reports on finance.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 25, 1781

A letter, of 23, from Mr. S. Attle, was read; 1

1 This letter, from Samuel J. Atlee, is in the Papers of the Continental Congress, No. 78, I, folio 395.

Ordered , That it be referred to a committee of three: 1

The members, Mr. [Alexander] McDougall, Mr. [Abraham] Clark, Mr. [John] Sullivan.

A letter, from Doctor Gould, was read;

Ordered , That it be referred to the Medical Committee.

A letter, of Captain Paske, was read; 2

2 Captain Paschke's letter, dated January 22, is in the Papers of the Continental Congress, No. 78, XVIII, folio 345.

Ordered , That it be referred to the Board of War.

Two reports from the Board of War one on a letter, of 24, and the other on a letter, of 13, from Colonel Armand, were read;

At a Board of War , Jan y . 24, 1781 .

Present M r Peters Gen l . Cornell.

Sir

The enclosed letter from Col Armand is agreeable to his request therein laid before Congress. The Board presumed that as Col Armand is going to Europe and will not otherwise have an opportunity of partaking in the Provision made or to be made by Congress for the payment of the Army it should seem that there can be no cause of jealousy if Congress are pleased to direct,

That the Treasury Board report a warrant in favor of Col Armand for seven hundred and twelve dollars and an half, the same being the amount of his pay and subsistence for six months. 3

3 This report is in the Papers of the Continental Congress, No. 147, VI, folio 103.

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Ordered , That the same be referred back to the Board of War to take order, the resolution of the 4th notwithstanding.

A report from the Board of Treasury was read; Whereupon,

Ordered , That upon the application of the hon ble Cyrus Griffin, one of the judges of the Court of Appeals in Cases of Capture, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for one thousand dollars new emissions, on account of salary due to him and for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress, No. 136, V, folio 57.

On the application of Mr. [William] Sharpe, a delegate for the State of North Carolina:

Ordered , That a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania for twenty thousand dollars old emissions, and for which the said State of North Carolina is to be accountable.

According to the order of the day, Congress was resolved into a Committee of the Whole, and after some time the President resumed the chair and Mr. [John] Mathews reported, that the committee have had under consideration the reports referred to them, but not having come to a conclusion desire leave to sit again:

Ordered , That to Morrow Congress be resolved into a Committee of the Whole to consider farther the reports referred to them.

A report from the Board of Treasury was read, respecting the owners of rum taken for the use of the army:

Treasury Office , January 22 d . 1781.

The Board of Treasury finding themselves greatly embarrassed by endeavouring to carry into Execution the Resolution of Congress of the 4th instant, relative to certain Quantities of Rum taken for the 0100 88 Use of the Army, and other Quantities purchased on Special Contract, beg leave to state the Matter for Instruction.

The several Claimants under the Resolution aforesaid have had their Accounts stated by the Agent of the Commissary General of Purchases, stating the Articles charged, “at their just Value estimated by the current Price of such Articles at the Time and Place when and where taken”. Those who had their Property taken in June last, have considered the Value of Money then , at sixty paper dollars for one Silver dollar, and now consider the Rate of Exchange at one hundred of the former for one of the latter. Of Consequence they have added to their Accounts from June last to the present Time 40 per cent Depreciation. Those who had their Property taken in September last do consider that at that Time the Current Rate of Exchange was 75 Paper dollars for one Silver, and as in the Case above stated have brought the Rate of Exchange up to one hundred for one, making a Charge for Depreciation of 25 Per Cent from September last to the present Time.

The Claimants are willing to receive Payment in the money of the old Emissions agreeably to the State of their Accounts as aforesaid which appears to have been the Intention of Congress by their Resolution aforesaid and one other of the 8th instant repealing a part of the Resolution of the 4th. But this Board not having it in their Power to report Payment in the Money of the former Emissions, and Congress not having fixed any Rate of Depreciation since the 18 of March last renders the present Case difficult.

The well known Mercantile Exchange between the Money of the old Emissions, and Gold, is one hundred for one, and the legal Exchange, as established by a Law of the State of Pennsylvania, is not more than seventy five for—one evidently produces a difference of 25 per cent between the true Value of the Money of the old Emissions, if Gold and Silver be considered the Criterion.

The Claimants alledge that in the stating of their Accounts they had respect to Mercantile Rate of Exchange only, so, in the Payment, it is but equitable to observe the same Rule, for at the Time they admit Depreciation was 60 and 75 for one in June and September last, Congress by their Publications admitted of no greater Depreciation than 40 for one. That if the Mercantile Depreciation is admitted in the first Instance it should also in the second—Otherwise they say they are willing to receive the Amount of their original 0101 89 Claim without any Allowance for Depreciation, agreeably to the Regulation of 40 for one.

The Claim reduced to Calculation stands as follows—

The Amount of the several Claims for Rum, now before the Board, exclusive of Interest and depreciation is 1,028,020 dollars. This Sum divided by 40 will give 25,700 dollars in the New Bills—The same Claim including Depreciation and Interest charged in their Accounts upon the Principles aforesaid, amounts to 1,605,196 dollars of the old Bills which Sum divided by 75 gives 21,402 dollars in the New Bills—Balance in favor of this Payment 4298 Specie dollars; but if the Claim aforesaid of 1,605,196 dollars be divided by one hundred, which they say by their Accounts is the Mercantile Depreciation, the Specie Dollars to be paid them will be 16,051. This Payment will not be accepted, tho' it is most certainly the true Exchange supposing the new Bills to be equal in Value to Silver and Gold. But as those Bills have and now do pass, this Payment would be 25 Per Cent under the real Value of their Claim.

The Board verily believe that some, if not all of the Claimants are in the utmost Distress for want of their Money and as it is a subject of no small Magnitude hope it will Claim the Attention of Congress, not only as it respects the present Claimants, but as it relates to monied Matters generally.

This Debt being so considerable the Board cant even suggest to Congress how Payment shall be made, unless by a Warrant on the Loan Officer of Massachusetts Bay, where there is more than a sufficient for this Purpose; but as the Money is wanted in this City, where the Massachusetts Money passes very heavily even at 40 for one, the Claimants will receive Payment in that money reluctantly.

In the Opinion of the Board it has been mistaken Policy in the States that they have not made the whole of the Emissions of the 18 of March last legal Tender, for altho particular States have provided Funds for the Redemption of certain Stipulated Sums, yet, ought not the whole of that Emission to be considered as the Money of the United States, and in that View obtain a Credit in every State, upon the same Principles the Money of the old Emissions did. Unless the States do attend to this Matter public Business must be greatly obstructed.

The Board beg leave to submit it to Congress, whether it is not indispensibly Necessary, that they should immediately recommend 0102 90 it to the several States, to pass Laws making the money issued in all the States, respectively, under the Act of the 18 of March last, a legal Tender in all Cases whatever. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 43.

Ordered , That it be referred to the committee to whom was formerly referred the memorial from Mat McConnel and others.

A letter, of this day, from the Board of War, was read, informing that for reasons therein set forth they have suspended a compliance of the order of yesterday respecting the officers late of the German regiment; 2

2 This letter is in the Papers of the Continental Congress , No. 148, I, folio 295.

Resolved , That Congress approve the conduct of the Board. 3

3 A memorial of Edward West was read on this day as the indorsement shows. It is in the Papers of the Continental Congress , No. 41, X, folio 536.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 26, 1781

A letter, from sundry officers late of German battalion, was read. 4

4 This letter is in the Papers of the Continental Congress , No. 78, XVII, folio 119.

A memorial, from Samuel Hodgdon, was read;

Ordered , That it be referred to a committee of three:

The members, Mr. [Artemas] Ward, Mr. [John] Sullivan. Mr. [Alexander] McDougall.

A letter, of 25, from J. Pierce, paymaster general, was read; 5 Whereupon,

5 Hodgdon's memorial is in the Papers of the Continental Congress , No. 41, IV, folio 157; Pierce's letter is in No. 165, folio 581.

Resolved , That the allowance of five dollars per month, to the officers of the army, for each retained ration, granted by an act of Congress of the 12 day of August last, shall commence on the first day of August, 1780:

That the additional pay of aids-de-camp, brigade-majors, adjutants and regimental quartermasters, as mentioned in 0103 91 the act of Congress of the 12th of this instant be drawn in bills of the new emission, from and after the first day of August last, instead of the 18 day of the same month, as mentioned in the above-mentioned resolution.

A memorial of Robert Aitkin was read: 1

1 Aitken's memorial is in the Papers of the Continental Congress , No. 41, I, folio 63.

Ordered , That it be referred to the committee on the motion for printing the old and new Testament.

That Mr. [John] Witherspoon be added to the said committee, in the room of Mr. [James] McLene.

A report from the Board of Treasury on a letter, of 18, from J. Howell, one of the auditors of the main army, was read:

Treasury Office Jan y .24 th .1781

The Board of Treasury beg leave to lay before Congress, a letter of the 18 th . inst. from Joseph Howell Jun r . one of the Auditors of accounts for the main Army setting forth the necessity of some further regulations respecting the pay of their Clerks—M r . Howell is more urgent for the determination of Congress on this matter, as Col. Dart (who is setting out for the southern Army) may before he leaves this City obtain the necessary information relative to this matter. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 55.

Ordered , That it be referred to the committee to whom was referred the memorial of Samuel Hodgdon.

A report of 19 and one of 20, from the Board of Treasury, were read.

Ordered , That they be re-committed.

According to order, Congress was resolved into a Committee of the Whole, and after some time the President resumed the chair, and Mr. [John] Mathews reported that the Committee have farther considered the reports referred to them, but, not having come to a conclusion, desire leave to sit again:

0104 92

Ordered , That to Morrow Congress be resolved into a Committee of the Whole, to consider farther the reports on finance.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 27, 1781

A letter, of this day, from J. Pierce, was read, requesting permission to repair to the army; 1

1 This letter is in the Papers of the Continental Congress , No. 165, folio 585.

Ordered , That it be granted.

A petition of Robert Jewell was read;

Ordered , That it be referred to the Board of Treasury.

A letter, of 19, from E. Blaine, was read; 2

2 Jewell's petition is in the Papers of the Continental Congress , No. 42, IV, folio 50; Blaine's letter is in No. 165, folio 389.

Ordered , That copies thereof be sent to this and the states easterward.

A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Mr. [George] Walton, Mr. [William] Few and Mr. [Richard] Howly, delegates for the State of Georgia, a warrant issue in their favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for two thousand six hundred and sixty-three dollars and one-third of a dollar, old emissions, to enable the said delegates to pay so much due to R. Aitkin on account of the said State of Georgia which is to be accountable. 3

3 This report is in the Papers of the Continental Congress , No. 136, V, folio 69.

The committee to whom was referred the petition of George Wright and others delivered in a report; Whereupon,

Ordered , That the petition of George Wright and others be referred to the Commander in Chief and that he be 0105 93 authorised to take such measures respecting the petitioners as he shall think proper. 1

1 This report, in the writing of John Sullivan. is in the Papers of the Continental Congress , No. 19, VI, folio 601. The petition, dated November 5, 1789, is in the Washington Papers , 96, folio 64.

The committee to whom was referred the letter, of 22, from A. Skinner delivered in a report, which was read, and after debate;

Ordered , That it be re-committed.

A report from the Board of Treasury was read; Whereupon,

Treasury Office Jany 26 th . 1781.

The Board of Treasury having considered the letters of 22 nd ., 24 th . and 26 th . instant from John Pierce Pay Master Genl. beg leave to report.

That warrants issue on Thomas Smith Commissioner of the Continental Loan Office for the State of Pennsylvania, in favor of John Pierce Pay Master Genl. for fourteen thousand dollars in the old Emissions and four thousand eight hundred dollars in the new Emissions to enable him to discharge Sundry warrants drawn on the Chest by the Board of War, and also a warrant on Thomas Smith aforesaid for twelve hundred and twelve dollars New Emissions to discharge two warrants drawn by the said Board in favor of Colonel Armand and Ensign Henry Baker by special direction of Congress and for which several sums he is to be accountable.

Ordered , That warrants issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of John Pierce, paymaster general, for fourteen thousand dollars in the old emissions, and six thousand and twelve dollars in the new emissions to enable him to discharge sundry warrants drawn on the chest by the Board of War, and for which several sums he is to be accountable;

That a warrant issue on the treasurer in favour of Robert Stevens the holder of two bills of exchange for the sum of five hundred dollars old emissions to discharge two bills of exchange the first of each set for two hundred and fifty 0106 94 dollars each drawn by John Ash treasurer of the State of North Carolina at sight on the continental treasurer in favour of Benjamin Pike one dated the 9 and the other the 10th May, 1777, in part of the sum of five hundred thousand dollars to be advanced to the said State of North Carolina agreeably to the act of Congress of 5 February, 1777, and for which the said State is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 61.

Another report from the Board of Treasury was read; Whereupon,

Resolved , That the resignation of John Biddle, lately appointed a commissioner to burn the money sent, and to be sent, by the commissioners of the several loan-offices, to the treasury of the United States, be accepted, and that Mr. Andrew Doz, the commissioner appointed to destroy the emissions of May, 1777, and April, 1778, in the hands of the treasurer of loans, be, and is hereby appointed to execute the trust assigned to the said John Biddle. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 59.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 29, 1781

Mr. J[oseph] Jones, a delegate of Virginia, attended and took his seat in Congress.

A letter, of 23, from General Washington, was read;

A letter, of 26, from Lieutenant Colonel Diriks;

One, of 18, from P. Schuyler; 3 and

3 Washington's letter is in the Papers of the Continental Congress , No. 152, IX, folio 515; Diriks's is in No. 78, VII, folio 339; Schuyler's is in No. 153, III, folio 555.

A memorial of Christopher Ludwick, were read: 4

4 Ludwick's memorial is in the Papers of the Continental Congress , No. 41, V, folio 230.

Ordered , That they be referred to the Board of War.

A letter, of 26, from J. Gibson, was read:

Ordered , That it be referred to a committee of three.

0107 95

The members, Mr. [Thomas] Burke, Mr. [James] Lovell, Mr. [William] Floyd.

A letter from R. Peters, and a letter from Baron d'Arendt were read. 1

1 Peters's letter, dated January 27, is in the Papers of the Continental Congress , No. 78, XVIII, folio 357; d'Arendt's, dated January 29, is in No. 78, VII, folio 343.,

A petition of Thomas Nelmes was read: 2

2 This petition is in the Papers of the Continental Congress , No. 42, V, folio 429.

Ordered , That it be referred to the Board of Treasury to be filed with other papers of a similar nature.

A memorial of W. Bingham was read; Whereupon,

Ordered , That the committee on his former memorial be discharged and that the papers and business committed to them be referred together with this memorial to the Committee of Commerce.

The delegates for New York laid before Congress a letter from the president of the senate and speaker of the house of assembly of that State, which was read: 3

3 This letter is in the Papers of the Continental Congress , No. 67, II, folio 340.

Ordered , That it be referred to a committee of five.

The members, Mr. [John] Sullivan, Mr. [Abraham] Clark, Mr. [John] Mathews, Mr. [Thomas] Burke, Mr. [Jesse] Root.

Two letters, of 15, from the governor of Virginia were read: 4

4 One of the letters is in the Papers of the Continental Congress , No. 71, II, folio 5; the other on folio 9.

Ordered , That they be referred to a committee of three and that the committee confer with the Board of War.

The members, Mr. [Thomas] Burke, Mr. [Joseph] Montgomery, Mr. [Theodorick] Bland.

A letter, of 18 January, from the governor of Virginia, was read:

Ordered , That so much thereof as relates to a supply of ammunition and military stores be referred to the Board of War.

0108 96

A letter, of December 25, and

One, of January 17th, from the governor of Virginia, was read;

A letter, of December 25, and one, of November 26, from Major General Gates, were read; 1

1 The Virginia letter of December 25 is in the Papers of the Continental Congress , No. 71, I, folio 547; that of January 17 in No. 71, II, folio 13; that of January 18, on folio 21. Gates's letter of November 26 in No. 154, II, folio 323, his letter of December 25 being on folio 341.

A number of letters, from the hon ble J. Adams were received under the following dates: Aug. 14, Aug. 22, Aug. 23, Aug. 24, Sept. 4, 5, 16, 19, 24, 25, 28, Oct. 5, 5, 6, 14, 24. 2

2 The Adams letters, except that of August 24, are printed in the Diplomatic Correspondence of the American Revolution , (Wharton), IV, 29, 36, 41, 45, 57, 60, 66, 67, 72, 81, 82, 83, 97 and 103.

On motion of the Medical Committee;

Ordered , That a warrant issue upon Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Thomas Bond, purveyor of the hospital, for twenty thousand dollars of the old emissions, to be applied towards establishing a hospital in Virginia and to enable proper officers to repair thither as soon as possible.

The committee to whom was re-committed the report on the letter of A. Skinner, commissary general of prisoners, delivered in a report; Whereupon,

Resolved , That the clause in the act of Congress of the 5th which directs “that the Board of Admiralty issue orders not to exchange any British sea officers or seamen until the enemy shall have returned to some of their garrisons in America such seamen as they have taken upon the American coast and sent to Great Britain or other parts beyond sea” be and is hereby suspended until further order of Congress repealed. 3

3 This resolution was also entered in the manuscript Secret (Domestic) Journal.

[ Resolved , That in retaliating for cruelties exercised by the enemy upon American citizens officers or privates; where there shall not be a sufficient number of the enemy in our power, of the same line, 0109 97 rank or character; no discrimination be made, between prisoners taken from the enemy in the land or sea service, but that those of either line and other subjects of the enemy be retaliated upon as occasion may require.] 1

1 This report, in the writing of Abraham Clark, except the paragraph in brackets, which is in Alexander McDougall's writing, is in the Papers of the Continental Congress , No. 19, V, folio 341.

Ordered , That the remainder of the report be postponed.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 30, 1781

The committee to whom was referred the letter of Colonel Armand, of the 24, delivered in a report, which was read:

The Committee to whom was referred the letter of Col o Armand of the 24 th Instant beg leave to submit the following resolution,

Resolved , That the money for purchasing horses for Col o Armand's legion, be paid to the Commanding Officer of the Legion who is to take instructions from the Commander in Chief as the rule of his conduct in purchasing the horses. The price is not to exceed an hundred and fifty dollars nor is the purchaser to be allowed for any horse which shall not be approved by such Inspector as the Commander in Chief shall appoint. 2

2 This report, in the writing of John Sullivan, undated, is in the Papers of the Continental Congress , No. 19, I, folio 89.

Ordered , That it be re-committed.

A letter, of 26, from Mr. Lotbinier, was read:

Ordered , That it be referred to the Board of Treasury.

The delegates of Georgia laid before Congress a letter from Peter Deveaux, which was read: 3

3 Lotbinier's letter is in the Papers of the Continental Congress , No. 78, XIV, folio 415; Deveaux's letter is in No. 78, VII, folio 347.

Ordered , That it be referred to the Board of War to take order.

Congress was resolved into a Committee of the Whole, and after some time the President resumed the chair, and Mr. [John] Mathews reported that the Committee have had 0110 98 under their farther consideration the reports on finance, but not having come to a conclusion desire leave to sit again:

Ordered , That to Morrow Congress be resolved into a Committee of the Whole to consider farther the reports on finance.

On the application of Mr. [Richard] Howly, a delegate for the State of Georgia;

Ordered , That a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office in the State of Pensylvania, for twelve thousand dollars in lieu of the warrant drawn in his favour on the treasurer, the 12th day of December, 1780, for a like sum, which is to be be canceled, the State of Georgia to be accountable.

A report of the Board of Treasury was read; Whereupon,

Treasury Office Jan r . 29 th . 1781

A certificate from the commercial Committee dated November 24 th . 1780 signed John Fell certifying a balance due to James Warren for 32,553 dollars and 2/90ths of a dollar in common money—and also £62. 0.0 sterling, “due to the owners of the Lively , Capt Dupee for freight from Bilboa,” which certificate was on the 28 th . of November last “referred to the Board of Treasury to devise ways and means for paying the money certified to be due to M r . Warren” whereupon the Board submit the following resolution:

Ordered , That a warrant issue on Henry Gardner, treasurer of the State of Massachusetts, for thirty two thousand five hundred and fifty three dollars and two-ninetieths of a dollar, old emissions, in favour of the Committee of Commerce (being part of the monies raised in the said State for the use of the United States) which sum when paid to be credited on the warrant drawn in favour of the treasurer of the United States in pursuance of an act of Congress, of the 29 June last, to enable them to pay that sum to James Warren, the balance due to him as certified by the said committee and for which the said committee is to be accountable;

That an account be opened in the treasury books for The Owners of the Lively , and that the said account be credited 0111 99 for sixty-two pounds sterling, the sum due to them, as certified by the Committee of Commerce, for freight from Bilbao, to bear an interest of six per cent. per annum until paid. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 75.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 31, 1781

A letter, of 18, from the governor of Connecticut, was read, enclosing a letter, of 14 December, from William Imly, appointed commissioner of the continental loan office in that State, in the room of J. Lawrence resigned:

Ordered , That the same be referred to the Board of Treasury, to report on the salary or commissions proper to be allowed to officers of the continental loan offices.

Another letter of 18, from Governor Trumbull, was read, enclosing a resolution, passed by the general assembly of that State, the 29 November last, respecting the requisitions of Congress; and wherein it is represented, “that upon good information, there is reason to apprehend that there has been great loss and spoil of cloathing belonging to the United States, for want of proper care and attention to that department;” also a resolution of the said general assembly, passed in October last, respecting the cession and relinquishment of western territory to the United States.

Ordered , That the resolution of November be referred to a committee of three;

The members, Mr. [James] Duane, Mr. [George] Clymer and Mr. [William] Sharpe.

Ordered , That the resolution of October, together with the acts and resolutions of the State of New York and the Commonwealth of Virginia, on the same subject, be referred to a committee of seven;

LC

0112 100

The members, Mr. [John] Witherspoon, Mr. [James] Duane, Mr. [Jesse] Root, Mr. [Samuel] Adams, Mr. [John] Sullivan, Mr. [Thomas] Burke, Mr. [George] Walton.

A letter, of this day, from Captain Anthony Selin, was read: 1

1 The Connecticut letter enclosing resolutions is in the Papers of the Continental Congress , No. 66, II, folio 174; the resolution of October is on folio 178 and that of November on folio 117; Selin's letter is in No. 78, XXI, folio 5.

Ordered , That it be referred to the Board of War to take order.

The committee to whom was referred the letter of Joseph Howell, auditor of accounts for the main army, and the report of the Board of Treasury thereon, delivered in a report; Whereupon,

Resolved , That the auditor of accounts for the main and separate army, be, and hereby are authorised to allow to each of their clerks, from and after the first day of August last, forty-one dollars and two-thirds of a dollar a month, in bills emitted pursuant to the act of the 18 of March last, and one ration a day. 2

2 This report, in the writing of Artemas Ward, is in the Papers of the Continental Congress , No. 19, III, folio 245.

The committee to whom was referred the memorial of Samuel Hodgdon, delivered in a report; Whereupon,

Resolved , That the commissary of military stores, or first officer in that department, be, and hereby is allowed, from and after the first day of August last, one hundred and fifteen dollars a month, in bills emitted pursuant to the act of the 18 of March last; and that the deputy commissary or second officer in that department, be, and hereby is allowed, from the said first day of August, the sum of ninety dollars per month, in bills aforesaid; in lieu of the sums allowed them respectively by the resolution of the 12th instant. 3

3 This report, in the writing of Artemas Ward, is in the Papers of the Continental Congress , No. 19, III, folio 145.

0113 101

The committee to whom was referred the extract from a report of the Board of Treasury, of January 2; and

The committee to whom was referred the report of the Board of Treasury, of the 22, relative to the owners of Rum, &c., delivered in their several reports:

The Committee to whom was referred the extract of a report from the Board of Treasury of the 2 d January beg leave to report,

That on considering the several principles proposed for liquidating the debts due by the United States they know of no rule so nearly coinciding with the rule of fight and justice, or so well calculated to give general satisfaction as that by which the value of the debts may be ascertained in gold and silver as reduced from the old Continental money in which they were incurred at the exchange current at the times when and places where they were so incurred.

They therefore offer the following resolution as a rule to be observed in the liquidation of all the unsatisfied demands against the United States, Loan office certificates excepted, which are otherwise provided for, and excepting specific supplies furnished by the several states and credited towards the respective quotas, and this to supersede, and repeal all other regulations of Congress now subsisting which respect either the prices of articles furnished the United States or the modes of settlement.

Resolved , That the Treasury Board from the best informations they can obtain, and as soon as may be, prepare for the consideration and correction of Congress a table of the actual popular and mercantile value of the old Continental currency as compared with gold and silver in all its stages of depreciation to the present time in the states respectively. 1

1 This report is in the Papers of the Continental Congress , No. 26, folio 247. It is indorsed by Thomson: “Report of Committee on the report of Board of Treasury January 2 respecting the value of articles furnished by individuals to the public. A mode of ascertaining the value.” It appears in the list of postponed reports in the Papers of the Continental Congress , No. 31, 371.

The Committee to whom was referred the report of the Board of Treasury respecting the pay of certain quantities of rum furnished to the Army in 1780, Report,

That they have attentively considered the report of the Board of Treasury and are of opinion that the just rule of settlement will be 0114 102 to pay the creditors in specie equal to the price of the article in old Continental bills, at the current rate of exchange at the time and place of receiving the articles and interest or to pay the sum in the old Continental bills with the depreciation since arisen and interest.

But as payment cannot be made in either specie or old Continental bills, and as the creditors decline accepting the new Continental bills equal to specie and as your Committee conceive that Congress will not at this time admit any distinction to be made between the new bills and specie, Congress must either wholly suspend payment or make advances in part payment to be in accompt. If Congress should be of the latter opinion then it may be proper to resolve—

That the Board of Treasury be directed to draw warrants for new Continental bills in favor of the creditors of these States to whom balances shall be found due in part payment of such balances to be in accompt. 1

1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress , No. 19, IV, folio 17.

Ordered , That the letter, of October 14, from the hon ble J. Adams, be referred to the Committee of Commerce.

Congress was resolved into a Committee of the Whole, and after some time the President resumed the chair and Mr. [John] Mathews reported that the Committee have considered farther the reports on finance and have come to certain resolutions, which he was directed to submit to the consideration of Congress; but not having yet come to a conclusion desire leave to sit again.

The report of the Committee of the Whole being read:

In Committee of the Whole Jan y 24. 1781.

M r [John] Mathews in the chair.

Resolved as the opinion of this Com ee .

That it be recommended to the several States as indispensibly necessary, that they pass laws granting to Congress, for the use of the United States, to be paid quarterly into the hands of such persons as Congress shall appoint to receive the same; and to be appropriated to the discharge the principal and interest of the debts already contracted or which may be contracted on the faith of the United States for supporting the present war, and to continue until such debts 0115 103 shall be discharged, a duty of four five per cent upon the value of all goods, as well prize goods as others , at the time and place of importation, upon all articles of foreign growth or manufactures which may be imported into any of the States from any foreign port, island or plantation after the first day of May 1781, except arms, ammunition, cloathing and other articles imported on account of the United States, or any of them, and except wool and cotton cards, and wire for making them; and also except salt during the war.

That it be further recommended to the respective legislatures to call out of circulation as soon as shall be consistent with their public faith pledged for remitting the same, all their state emissions, and not to issue any more but by advice or consent of Congress, that the paper bills in circulation flowing from one source may be readily ascertained. 1

1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 26, folio 249. See the resolutions finally adopted February 3.

Ordered , That the same be considered to Morrow:

Ordered , That to Morrow Congress be again resolved into a Committee of the Whole, to consider farther the reports on finance.

A letter, from Governor Livingston, was read:

Ordered , That it be referred to the Board of War.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 1, 1781

A letter, of 31 January, from Doctor Gould, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, X, folio 285.

On motion of the medical committee,

Resolved , That the purveyor of the hospital be, and hereby is empowered and directed to collect, or cause to be collected and secured under his care, until properly issued, all public hospital stores and medicines in Virginia, late under the direction of Dr. Rickman, or others acting under the United States, and all persons in possession of such public stores or medicines, are hereby required to deliver the same to the said purveyor, or his order, upon demand.

0116 104

That the medical committee be authorized during the absence of the director to direct a number of the hospital physicians and mates to repair immediately to Virginia and take the charge of the hospitals in that state 1

1 This motion, in the writing of Abraham Clark, is in the Papers of the Continental Congress , No. 36, I, folio 121.

A motion was made by Mr. [Theodorick] Bland, seconded by [Mr. George] Walton, respecting the hospitals for the southern army:

Ordered , That it be referred to the Medical Committee.

Ordered , That Mr. [Alexander] McDougall be added to the committee on the letter, of 20 December, from General Washington.

A report from the Board of War was read: Whereupon, Congress came to the following resolution:

At a Board of War Jan y . 31 st . 1781

M r Peters Gen l . Cornell

The Board having taken into consideration the very great and unnecessary expence arising to the public from the abuse of the practice of sending officers on Command, beg leave to report:

Whereas, by the late arrangement of the army, there is a supernumerary officer allowed to each regiment, to reside in the State to which such regiment belongs, for the purpose of transacting all necessary business for the regiment; therefore,

Resolved , That the resolution of the 4th of September, 1778, allowing officers three dollars a day for expences on business not incidental to their offices, be, and is hereby repealed, from and after the first day of March next;

And that copies hereof be transmitted to the Commander in Chief and the commanding officer of the Southern army 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 115.

Mr. [Artemas] Ward laid before Congress an account of the select men of Springfield and West Springfield against the United States:

0117 105

Ordered , That it be referred to the Board of Treasury.

A letter, of this day, from the president of the supreme executive council of the State of Pensylvania, was read, requesting that a committee may be appointed to meet and confer with the said council: 1

1 This letter is in the Papers of the Continental Congress , No. 69, II, folio 327.

Ordered , That a committee of three be appointed for the purpose above mentioned.

The members, Mr. [John] Witherspoon, Mr. [Oliver] Wolcott, Mr. [Thomas] McKean.

Congress took into consideration the report of the Committee of the Whole, and the first resolution being read, “that it be recommended to the several states as indispensably necessary, that they pass laws, granting to Congress, for the use of the United States, &c. a duty of five per cent. on goods, &c. imported,” &c.

A motion was made by Mr. [Thomas] Burke, seconded by Mr. [John] Mathews, to strike out the words “pass laws granting to,” and in lieu thereof, insert “vest a power in,” and after the word “Congress,” to insert the words “to levy;” and on the question, shall the words moved to be struck out stand? the yeas and nays being required by Mr. [Thomas] Burke:

New Hampshire, Mr. Sullivan, ay ay Massachusetts, Mr. Lovell, no div. Ward, ay Connecticut, Mr. Huntington, no Root, no no Wolcott, no New York, Mr. Floyd, no no New Jersey, Mr. Witherspoon, ay ay Clark, ay Pennsylvania, Mr. Montgomery, ay Clymer, no ay Wynkoop, ay Delaware, Mr. McKean, no no 0118 106 Virginia, Mr. Jones, ay Madison, ay ay Bland, no North Carolina, Mr. Burke, no no Sharpe, no South Carolina, Mr. Mathews, no Bee, ay ay Motte, ay Georgia, Mr. Walton, no Few, no no Howly, no

So the states were equally divided, and the words were struck out.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 2, 1781

A report from the Board of War was read; Whereupon,

At a Board of War Feb y . 1 st . 1781

M r Peters Gen l Cornell M r Mathews

The Board have considered the extract from Governor Jefferson's letter, referred to them, beg leave to inform Congress that thirty four thousand four hundred dollars of the old money will be necessary to furnish such articles as are wanted for Virginia, and are not on hand as will appear from the estimate enclosed. Wherefore the Board beg leave to report.

Ordered , That the Board of Treasury report a warrant in favour of the commissary general of military stores for thirty-four thousand four hundred dollars for the purchase of sundry articles to be forwarded to the southern army. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 119.

The Board of War, to whom was referred the letter of Captain Paschi, delivered in a report; Whereupon,

At a Board of War Jan y 26 th 1781

Present M r Peters Gen l . Cornell

The Board having considered the letter of Capt n Paschi referred to them, beg leave to remind Congress, that in consequence of his application for a sum of money to enable him to return to Europe 0119 107 (he despairing at that time of employment in the American Army) it was resolved on the 16 th . of May last, “That the sum of three thousand dollars currency of these United States, and a bill of exchange for two hundred and fifty dollars in Specie be paid to Capt n Paschi late of Count Pulaski's legion (which being disolved Congress have no means of employing Capt n Paschi, tho a deserving Officer) to enable him to return to Europe.” From this resolution, with which Captain Paschi at the time of its passing appeared perfectly satisfied, the board conceive he can have no right to the claim contained in his letter “of depreciation and half pay”—but as it appears from the instructions of the late Baron De Kalb, and the certificate of Gen l . Gates, that he has since been usefully and actively employed with the Southern Army, something may be due to him from the generosity of Congress.—of this however Congress will judge,—the Board cannot consider him in any other light than as a discharged Officer, who since his dismission has volunteered it with the Army, and under this Idea they submit the following Resolution:

Resolved , That Captain Paschke, late of the American army, be informed that the request contained in his letter of the 22d inst. to be allowed depreciation and half-pay cannot be complied with.

But if Congress conceive that something is due to him for his services with the Southern Army, they will in that case be pleased to resolve:

Ordered , That the Board of Treasury report a warrant in favour of Captain Paschke, late of the army of these states, for three hundred dollars of the new emissions, for his services with the southern army since the resolution of the 16 day of May last.

The Board have inserted three hundred dollars that sum being six months pay without subsistence, he having been allowed advantages by Gen l . Gates equal to his subsistence. 1 )

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 111.

On the application of Mr. [John] Sullivan, a delegate for the State of New Hampshire,

0120 108

Ordered , That the Board of War advance to John Nesmith, so much money as they may judge reasonable and necessary, to enable him to return home; and make report to the Board of Treasury of the sum so advanced, that the same may be charged to the State of New Hampshire, which is to be accountable. 1

1 Ezekiel Cornell's letter to John Sullivan relative to Nesmith is in the Papers of the Continental Congress , No. 78, VI, folio 7.

The committee appointed to meet and confer with the supreme executive of Pensylvania made report.

The delegates of Pensylvania laid before Congress a letter of this day to them, from the president of the supreme executive council of Pensylvania, enclosing a copy of a letter from the same to Major General St. Clair, which were read; 2 Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 69, II, folio 831.

Ordered , That the President inform the supreme executive council of Pensylvania, that Congress have not been insensible of the sufferings of the army for want of pay: that on the 15 of last month they did, in the most earnest manner, apply to the respective states, from Pensylvania to New Hampshire, both inclusive, for a sum of money for the immediate pay of the army composed of the line of those states: that the whole line is equally the object of the care and attention of Congress: that as soon as the circumstances of the public treasury will admit, the just claims of the army shall be satisfied; but that Congress cannot, in any circumstance, make a distinction between the troops of any one State and those of another.

On motion of Mr. [Oliver] Wolcott,

Resolved , That he be discharged excused from any farther attendance at the Board of Treasury.

Treasury Office Jan y 31 st . 1781

The Board of Treasury report—for the information of Congress—That by a letter from Nathaniel Appleton Loan Officer for Massachusetts 0121 109 dated the 10 th . instant they are informed the bills of exchange directed by Congress on the 30 th . of August last to the amount of 29,105 dollars drawn on the honorable Benjamin Franklin for the purpose of paying that sum to John Gartia Duarti were not all necessary for the discharge of that debt and that there are now in the hands of the Loan Officer aforesaid eleven thousand one hundred and five dollars, part of the bills aforesaid subject to the further direction of Congress. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 81. The indorsement shows that it was read on this day.

Congress took into consideration the report of the Committee of the Whole, and, after debate,

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 3, 1781.

Mr. Thomas Smith, a delegate for Pensylvania, attended, and took his seat.

A report from the Board of War was read; Whereupon,

At a Board of War Feb y 2 nd . 1781

M r Peters Gen l . Cornell

The Board beg leave to inform Congress that there are more than 400 prisoners in goal in this City who have on several occasions manifested a mutinous disposition, and there being at this time several circumstances which would favor any attempt they might make to escape, particularly the sourness of the Invalid regiment, which dissatisfied as the Men are, amounts to no more than eighty fit for duty, a number too small to do the duty of this City, were they ever so hale and robust. Whereupon the Board submit the following report:

Resolved , That it be recommended to the supreme executive of the State of Pensylvania, to call out to do duty in the City of Philadelphia for thirty days, if not sooner discharged, one hundred rank and file of the militia, properly officered. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 127.

0122 110

The order of the day was called for, when a motion was made by Mr. [John] Witherspoon, seconded by Mr. [Thomas] Burke,

That it is indispensably necessary that the United States in Congress assembled, should be vested with a right of superintending the commercial regulations of every State, that none may take place that shall be partial or contrary to the common interest; and that they should be vested with the exclusive right of laying duties upon all imported articles, no restriction to be valid, and no such duty to be laid, but with the consent of nine states. Provided, that all duties and imposts laid by the United States in Congress assembled, shall always be a certain proportion of the value of the article or articles on which the same shall be laid; and the same article shall bear the same duty and impost throughout the said states without exemption: and provided that all such duties and imposts shall be for the perfecting of certain specified purposes, which purposes being perfected, the said duties and imposts so appropriated, shall cease: provided also, that the United States in Congress assembled, shall not be empowered to appropriate any duties or imposts for perpetual annuities, or other perpetual or indefinite interests, or for annuities for more than three lives at the same time in being, or for a longer term than years; and provided that when any duty or impost shall be laid on any article of the growth or produce of any state, or upon any article not imported into the United States, the net proceeds of such duties and imposts shall be placed to the credit of the State producing the said article or paying the said duty or impost; and such duties and imposts shall cease to operate in the states respectively so soon as their respective quotas of the appropriated fund shall be discharged.

0123 111

On the question to agree to this, the yeas and nays being required by Mr. [John] Mathews:

New Hampshire, Mr. Sullivan, no no Massachusetts, Mr. Adams, no div Lovell, ay Connecticut, Mr. Huntington, no Root, ay ay Wolcott, ay New York, Mr. Floyd ay ay McDougall, ay New Jersey, Mr. Witherspoon, ay ay Clark, ay Pennsylvania, Mr. Montgomery, no Atlee, ay Clymer, ay no Wynkoop, no Smith, no Delaware, Mr. McKean, no no Virginia, Mr. Jones, no Madison, no no Bland, ay North Carolina, Mr. Burke ay ay Sharpe, ay South Carolina, Mr. Mathews, no Bee, no no Motte, no Georgia, Mr. Howly, ay x

So it passed in the negative.

Congress resumed the consideration of the report of the Committee of the Whole:

And on the question, to insert the words moved to be inserted, the yeas and nays being required by Mr. [Thomas] Burke:

New Hampshire, Mr. Sullivan, no no Massachusetts, Mr. Adams, no div Lovell, ay Connecticut, Mr. Huntington, ay Root, ay ay Wolcott, ay New York, Mr. Floyd, ay ay McDougall, ay New Jersey, Mr. Witherspoon, no div Clark, ay 0124 112 Pennsylvania, Mr. Montgomery, no Atlee, ay Clymer, ay no Wynkoop, no Smith, no Delaware, Mr. McKean, ay ay Virginia, Mr. Jones, no Madison, no no Bland, ay North Carolina, Mr. Burke, ay ay Sharpe, ay South Carolina, Mr. Mathews, ay Bee, no no Motte, no Georgia, Mr. Walton, ay Few, ay ay Howly, ay

So it was resolved in the affirmative.

The report from the Committee of the Whole, being amended, was agreed to as follows:

Resolved , That it be recommended to the several states, as indispensably necessary, 1 that they pass laws granting to vest a power in Congress, to levy for the use of the United States, a duty of five per cent. ad valorem , at the time and place of importation, upon all goods, wares and merchandises of foreign growth and manufactures, which may be imported into any of the said states from any foreign port, island or plantation, after the first day of May, 1781; except arms, ammunition, cloathing and other articles imported on account of the United States, or any of them; and except wool-cards and cotton-cards, and wire for making them; and also, except salt, during the war:

1 From this point the entries are by George Bond.

Also, a like duty of five per cent on all prizes and prize goods taken on the high seas and brought into any of the said states and libelled and condemned in the court of admiralty of any of these states as lawful prize:

That the monies arising from the said duties be paid quarterly into the hands of such persons as Congress shall appoint to receive the same.

That the monies arising from the said duties be appropriated to the discharge of the principal and interest of the 0125 113 debts already contracted, or which may be contracted, on the faith of the United States, for supporting the present war:

That the said laws be continued in force and the duties aforesaid collected and paid as aforesaid be continued until the said debts shall be fully and finally discharged. 1

1 At this point Charles Thomson resumed the entries. A copy of this report, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 36, IV, folio 43. The following is indorsed “Motion for amendment.” It is in James Madison's writing, and is in the Papers of the Continental Congress , No. 36, IV, folio 263:

That it be earnestly recommended to the States, as indespensably necessary to the support of public credit and the prosecution of the War immediately to pass laws laying an impost of 5 pr. cent ad valorem on all goods wares and merchandises imported into them respectively after the 1 st . day of May next from any foreign port Island or plantation; to vest Congress with full power to collect and to appropriate the same to the discharge of the principal and interest of all debts already contracted or which may be contracted on the faith of the United States during the present war, and to give to the officers which shall be appointed by Congress to collect the said impost all the legal authorities necessary to the punctual execution of his duty.

The Committee to whom the Letter from the Board of War of the 9 th . January was referred,

Report,

That it appears to have been the sense of Congress that the two estimates of the Board of War of the 21 st . April and 21 st . Aug. last amounting in the whole to 201,625 dollars in specie, should have been fully complied with, and that the Board of Treasury were directed to prepare bills of exchange for that purpose.

It also appears that the Paymaster of the Board of War has hitherto only received bills to the amount of 123,263 dollars whereby a deficiency remains of 78,362 dollars to complete the two estimates even supposing bills to that amount would produce an equivalent sum in money.

Your Committee find that the residue of the bills formerly intended to be applied for the relief of prisoners of war (except to the amount of 30,616 dollars of those drawn on M r Jay, the sale of which has been lately stopped by order of Congress, and about 20,000 dollars of those drawn on Doct r Franklin) have been already disposed of, and the monies applied to various purposes.

Your Committee therefore beg leave to recommend the following Resolution Viz.

0126 114

Resolved . That the Board of Treasury be directed immediately to prepare bills of exchange to be drawn on the hon ble Benjamin Franklin Minister Plenipotentiary at the Court of Versailles at ninety days sight for such amount as will be sufficient to complete the former estimates of the Board of War for the relief of prisoners, and that the said bills be sold under the directions of the Board of War, and the monies applied solely to the purposes directed by former resolutions of Congress for their support. 1

1 This report, delivered this day, is in the writing of Thomas Bee. The indorsement says: “Aug. 24, 1781, not to be acted upon.” It is in the Papers of the Continental Congress , No. 27, folio 117.

At a Board of War Feb y 3 rd . 1781

Present M r Peters Gen l . Cornell

The Board having considered the Memorial of L t . Colonel Fleury referred to them by Congress beg leave to report.

That L t . Col Fleury now serving in the Army of our Allies in consideration of his merit and services continue to hold his rank in the American Army and have leave of absence therefrom until the farther order of Congress.

That his pay and appointments emoluments be suspended during his absence from his command in the American Army. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 131. It was read on this day, as the indorsement indicates. The following is added: “August 23, 1781, not to be acted upon.”

Adjourned to 10 o'Clock Monday.

MONDAY, FEBRUARY 5, 1781

A letter, of 31 January, from General Washington, enclosing a letter of 27th, from Major General Howe; and one of 25 January, from Major General Parsons, were read: 3

3 This letter is in the Papers of the Continental Congress , No. 152, IX, folio 517.

Ordered , That the letter of Major General Parsons, with the papers enclosed, relative to his successful enterprize against the enemy's post at Morrisania, with so much of the general's letter as relates thereto, be referred to the Committee of Intelligence; and that the Commander in Chief return the thanks of Congress to Major General Parsons, 0127 115 and the officers and men under his command; and inform him that Congress have directed this publication to be made in testimony of their approbation of his judicious arrangements, and of the spirit and military conduct displayed by the officers and men employed under him on the occasion.

A letter, of 2, from W. Geddes, was read:

Ordered , That it be referred to a committee of three.

The members, Mr. [William] Sharpe, Mr. [Samuel] Adams, Mr. [William] Floyd.

A letter, of 3, from Doctor B. Binney, was read: 1

1 Geddes' letter is in the Papers of the Continental Congress , No. 78, IX, folio 431; Binney's letter is in No. 78, IV, folio 93.

A petition of Preserved Clap was read:

Ordered , That it be referred to the Board of War.

A letter, of January 20, 1781, from the president of New Hampshire, was read. 2

2 Clap's petition is in the Papers of the Continental Congress , No. 42, II, folio 86; the New Hampshire letter is in No. 64, folio 174.

On motion of the Medical Committee,

That a warrant issue upon Thomas Smith Commissioner of the Loan Office for the State of Pennsylvania in favour of Thomas Bond, jun r ., Purveyor of the Hospital for 20,000 dollars of the old emission to be applied towards establishing an hospital in Virginia and to enable proper officers to repair thither as soon as possible. 3

3 This motion, undated, in the writing of Abraham Clark, is in the Papers of the Continental Congress , No. 36, IV, folio 517.

Ordered , That the Medical Committee give the directions necessary for establishing a hospital in Virginia, and providing for the same; and also for removing the sick from the new gaol in this city, to some proper place to be provided as a hospital for prisoners.

A letter, from R. Patten, was read: 4

4 This letter is in the Papers of the Continental Congress , No. 19, V, folio 45.

Ordered , That it be referred to a committee of three.

The members, Mr. [Alexander] McDougall, Mr. [James Mitchell] Varnum, Mr. [John] Sullivan.

0128 116

The committee, to whom was referred the letter of 20th November last, from the president of the State of New Hampshire, report,

The Committee to whom was referred the letter of the 20 th day of November 1780 from President Weare with the papers enclosed having considered the subject to which they relate and consulted the best sources of information within their power as to the law of Nations thereon, Report,

That it does not appear that any principle or usage established among the most friendly Powers, or the spirit or tenor of any particular conventions among such powers and still less any article or clause in the treaties between his most Xn Majesty and the United States authorize a claim of exemption by the subjects of the former residing in America from any taxes or imposts laid on their property within the United States common to the Citizens of the latter and to the subjects of other nations.

That alien friends appear to be entitled by their residence to exemption from all military and other personal services except in certain critical situations from all taxes laid directly on their persons, and in general from all such other taxes as in their nature have immediate relation to citizenship and are incompatible with the duties they owe to their lawful Sovereigns.

That with respect to the case of Mons. de la Tour, a French subject, residing in New Hampshire, stated to Congress by President Weare, the committee are of opinion, that the tax on his stock in trade, of which he complains, being common to the citizens of that State, and no wise incompatible with his character as a French subject, is liable to no objection, unless such effects be included in his computed stock as lie out of that State, to which distinction careful attention ought to be paid.

Resolved , That Congress agree to the said report.

The committee having reported farther on the subject:

The Committee further report, as their opinion that as the general law of nations does not define with any degree of precision the privileges and obligations of foreigners with respect to taxes and imposts 0129 117 and as the treaties subsisting between France and the U. States contain no particular regulations on that subject, and as it is of the utmost consequence to the interests of commerce and to harmony of intercourse between the U. States and their allies that some precise and permanent rules thereon founded in equity liberality and reciprocity should be speedily settled, it is expedient that the Minister Plenipotentiary at the Court of Versailles should be authorized to open a negotiation with that Court for such purpose and that a Committee be appointed to prepare the necessary instructions for his conduct therein. 1

1 This report, in the writing of James Madison, is in the Papers of the Continental Congress , No. 20, I, folio 9.

Ordered , That the consideration of the remainder be postponed.

A motion was made by Mr. [George] Walton, seconded by Mr. [William] Floyd;

That a member be elected for the Board of Treasury, in the room of Mr. [Oliver] Wolcott.

Question put, passed in the negative.

On motion of Mr. [George] Walton, seconded by Mr. [Oliver] Wolcott,

Resolved , That Mr. [George] Walton be excused from farther attendance at the Board of Treasury. 2

2 A letter, of January 5, from Baron d'Arendt, appears to have been read this day. It is in the Papers of the Continental Congress , No. 78, VII, folio 351.

[Adjourned to 10 o'clock to-morrow.]

TUESDAY, FEBRUARY 6, 1781

A letter of 11 January last, from the executors of Major Samuel Clarke, was read: 3

3 This letter is in the Papers of the Continental Congress , No. 78, V, folio 445.

Ordered , That it be referred to the Board of Treasury to take order.

Ordered , That two members be elected for the Board of Treasury:

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The Members, Mr. [George] Walton, Mr. T[homas] Smith.

On motion of Mr. [Theodorick] Bland,

Resolved , That Thomas Bond, jun. purveyor to the general hospital, be, and hereby is, authorised to settle the accounts for salaries, and pay the officers of the hospital established in Virginia, under the direction of Dr. Gould, which have accrued since the new arrangement of the medical department; and that Dr. William Rickman, late deputy director, settle and return the accounts of salaries due the officers of the said hospital, prior to that date, to the present purveyor.

A memorial of J. Henderson, agent of O. Pollock, was read; 1 Whereupon,

1 This memorial is in the Papers of the Continental Congress , No. 41, IV, folio 161.

Congress took into consideration the report of the Committee of Commerce on the memorial of J. Henderson, respecting the accounts of O. Pollock; and, thereupon,

The Commercial Committee beg leave to report,

That they have had under their consideration the memorial of John Henderson, agent for Oliver Pollock, together with the Accounts of said Pollock against the United States therein referred to, which they find had undergone a previous examination and been passed by M r . Fell one of the late Commercial Committee as appears by his certificate thereon.

That in attempting a reexamination of the said account they perceive some of the vouchers are missing which M r . Pennel of the Navy Board who assisted M r . Fell in the settlements and had frequent access to the papers of the Commercial Committee assures your Committee did once exist.

That as M r . Henderson has remained in this city for many months past solely to prosecute this business of his principal, and as it would have the appearance of imposing a hardship on M r . Pollock to require of him a new transmission of vouchers to ascertain a demand which from the circumstance of M r . Fell's certificate seems to have been satisfactorily established in the opinion of the late Commercial Committee; if Congress should be of the like opinion, your Committee submit the following order to the Treasury Board:

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Ordered , That the Treasury Board pass thirty-seven thousand eight hundred and thirty-six dollars, specie, to the credit of Oliver Pollock, agent of the United States at New Orleans, as a debt due to him from the said states, on which an interest of six per cent. is to be allowed him until payment shall be made. 1

1 This report is in the Papers of the Continental Congress , No. 31, folio 227.

A report from the Board of War was read:

At a Board of War , February 5, 1781 .

Present M r Peters, Gen l Cornell.

The Board have the honor to lay before Congress a letter of the 30 th . Ult o from Charles Pettit, A. Q. M. G. inclosing one from Col o Carrington D. Q. M. for the Southern Army, containing information, as well as a request for a supply of money. As it will be impossible to procure an estimate from Col o Carrington in any reasonable time, and as it is evident that he must stand in need of a very considerable supply of money in the present deranged situation of affairs in that quarter, the Board have thought proper to make this application immediately to Congress, the more especially as it is not accompanied with an estimate, and they beg leave to report—

Ordered , That it be referred to the Board of Treasury, to report a warrant in favour of C. Pettit, assistant quartermaster general, for the use of Colonel Carrington, deputy quartermaster for the southern army, for five hundred thousand dollars old emissions. 2

2 This report is in the Papers of the Continental Congress , No. 148, I, folio 299.

A report from the Board of Treasury was read; Whereupon,

Treasury Office , Jany. 30 th , 1781 .

The Board of Treasury having considered the letter from Col. Charles Pettit, Asst. Quarter Master General of the 29 th inst. with sundry letters enclosed, and accompanied with a letter of the 30 th inst. from the Board of War, approving of the same, beg leave to report,

Ordered , That a warrant issue on Thomas Harwood, commissioner of the continental loan office for the State of 0132 120 Maryland, in favour of Charles Pettit, assistant quartermaster general, on account of Colonel T. Pickering, quartermaster general, for ten thousand dollars new emissions, for the quartermaster's department in the district of Delaware and Maryland, and for which sum the said Colonel T. Pickering is to be accountable;

That on the application of Mr. I[saac] Motte, one of the delegates for the State of South Carolina, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for seventeen thousand dollars old emissions, for which the said State of South Carolina is to be accountable; 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 79.

Treasury Office , Jan y . 30 th . 1781 .

The Board of Treasury have considered the Petition of Robert Jewell, keeper of the States Prison, read in Congress the 27 th Inst. and referred to the Board of Treasury.

It appears by a return this day made by the Treasurer, that warrants drawn upon him in favor of the Petitioner to the amount twenty-nine thousand six hundred and seventy-five dollars remain undischarg'd and that there is no probability that the Treasurer will shortly be enabled to pay them,—wherefore the following resolution is submitted.

That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Michael Hillegas, treasurer, for twenty-nine thousand six hundred and seventy-five dollars in the old emissions, to enable the said treasurer to discharge the several warrants due to Robert Jewell, keeper of the states prison, for which sum the said treasurer is to be accountable.

The Board have had under their consideration a letter from Charles Pettit assistant Quarter Master General of the 29 th Instant inclosing an “Estimate of Cash wanted to answer the immediate demands of the Quarter Master's Department in the State of Pennsylvania” 0133 121 amounting to forty-eight thousand two hundred and sixty dollars 17½/90ths of a dollar, which estimate and letter accompanies this report.

Upon the letter and estimate aforesaid approved and signed by the Board of War, and taking into consideration the order of Congress of the 15 th Dec r last “That the Board of Treasury pay particular attention to the exigencies of the Quarter Master's Department.” The following Resolution is submitted—

That upon the application of Cha s . Pettit Assistant Quarter Master General upon an estimate approved by the Board of War, a warrant issue in his favor on Tho s Smith Commissioner of the Continental Loan Office for the State of Pennsylvania for forty-eight thousand two hundred and sixty dollars and 17½/90ths of a dollar in the Bills emitted pursuant to the Act of Congress of the 18 th March last, (part of the four tenths subject to the order of Congress) for which sum Timothy Pickering Quarter Master General is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 71.

Ordered , That so much of the report as relates to the letter of 29 January last, from C. Pettit, assistant quartermaster general, together with the said letter, be referred to a committee of three:

The members, Mr. [Theodorick] Bland, Mr. [Alexander] McDougall, Mr. Sullivan , Mr. [Oliver] Wolcott.

Another report from the Board of Treasury was read; Whereupon,

Treasury Office Jan y . 27 th . 1781

In compliance with an order of Congress of the 22 nd instant and a letter from the Board of War of the 25 instant with an estimate of thirteen thousand dollars New Emission from the Hon ble . Board aforesaid to be necessary to recruit Col. Armands Legion—The Board of Treasury beg leave to report

That a warrant issue in favor of Joseph Carleton Pay Mast. to the Board of War and ordnance on Nath l . Appleton Commissioner for the Continental loan [office] for the State of Massachusetts Postponed Bay for thirteen thousand dollars New Emission for the purpose of recruiting Col. Armands Legion &c and for which sum the said Pay Master is to be accountable—

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In consequence of an account exhibited to Congress by the Directors of the Pennsylvania Bank shewing a balance due on the first Payment on the Loan subscription of £3891.2.4. specie which account was on the fourth instant referred to this Board “to devise ways and means of repaying the same to the Managers of the Bank” whereupon the following resolution is submitted:

Ordered , That George Clymer and John Nixon, directors of the Pensylvania bank, be authorized and empowered to sell so many of the bills of exchange deposited in their hands in consequence of the act of Congress of the 22d of June last, as shall enable them to make the first payment on the loan subscription to the amount of three thousand eight hundred and ninety-one pounds two shillings and four pence, and that they advise with and be governed by the loan officer of the State of Pensylvania with respect to the value of the bills. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 65.

Treasury Office , Feby 50th, 1781 .

In compliance with an order of Congress of the 2d instant, the Board report the following Resolutions:

Ordered , That a warrant issue in favor of Colonel Benjamin Flower, commissary general of military stores, for thirty-four thousand four hundred dollars old emissions, on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for the purchase of sundry articles to be forwarded to the southern army, and for which sum the said commissary general of military stores is to be accountable;

That a warrant issue on Thomas Smith, commissioner aforesaid, for three hundred dollars of the new emissions, in favour of Captain Paschki, late of the army of the United States, for his services with the southern army since the resolution of the 16 day of May last;

That on the application of Richard Philips, steward to the President of Congress, a warrant issue in his favour on 0135 123 Thomas Smith aforesaid, for fifteen thousand dollars old emissions, for the use of the President's household, and for which the said steward is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 85.

The Board of Treasury, to whom was re-committed their report, respecting the drawing of the fourth class of the United States' lottery, delivered in another report; Whereupon,

Treasury Office January 19 th . 1781 .

The Board of Treasury beg leave to lay before Congress a letter of the 15 th instant from the managers of the United States lottery, for direction in the premises. The Board, however, are of opinion that in the present depreciated state of the old currency it will be for the interest of the United States not to dispose of any of the tickets which remain unrenewed by adventurers in the third class; because the prizes to be funded in the fourth class will be on the disadvantageous terms of forty dollars of the old for one of the new, when the value of one of the latter is at least equal to seventy-five of the former. The following resolution is therefore submitted:

Resolved , That the managers of the United States' lottery, forthwith prepare for the drawing of the fourth class of the said lottery; that they draw the blanks and prizes, and begin the drawing on the first day of March Monday in April next, under the direction of the Board of Treasury; and that the tickets then remaining unrenewed by the adventurers in the third class, conformable to the resolution of the 18th day of November, 1776, be on account of the United States and not disposed of. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 37.

A letter, of this day, from J. Scudder, was read: 3

3 This letter is in the Papers of the Continental Congress , No. 78, XXI, folio 9.

Ordered , That it be referred to the Board of Treasury.

Congress resumed the consideration of the report for a new arrangement of the executive boards, and after some time being spent thereon;

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Ordered , That so much as relates to the Marine Department be re-committed. 1

1 The part recommitted was as follows, being in the writing of James Duane; it is in the Papers of the Continental Congress , No. 28, folio 313:

That the Secretary of Marine be empowered and required to execute and discharge all the duties committed by Congress to the Board of Admiralty; That the several Navy Boards be abolished and the duties heretofore exercised by them be committed to such agents not exceeding one in each Port as shall be recommended by the Secretary of Marine and appointed by Congress. That he also report to Congress the officers necessary for assisting him in the duties of his Department.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 7, 1781

A letter, of 6th, from E. Forman and J. Gibson, was read; Whereupon, 2

2 This latter is in the Papers of the Continental Congress , No. 62, folio 631.

Ordered , That Tuesday next be assigned for considering the papers therein referred to.

The Board of Admiralty, to whom was referred the memorial and account of Captain R. Elliot, request that they may be discharged therefrom, the said account not being within the line of their department, but relating to a private expedition, undertaken at the expence of the State of Virginia, and because they are not furnished with any documents relative thereto from O. Pollock, continental agent at New Orleans, who was employed by and hath constantly corresponded with the Committee of Commerce: 3

3 This report is in the Papers of the Continental Congress , No. 41, III, folio 63.

Resolved , That Congress agree to the said request.

Whereas the events of the war may prevent the legislatures of some of these states from assembling in time to consider the act of Congress of the 3d, and consent to the vesting in Congress the power to levy the duties mentioned in the said act, so as to enable Congress to apply the said duties for the important purpose for which the said duties are designed; and whereas there is no reason to apprehend that such states 0137 125 as may be so circumstanced, will refuse to concur in a measure calculated for the general defence, so soon as their legislatures shall be enabled to meet and deliberate:

Resolved , That so soon as all the states, whose legislatures shall and may assemble, shall consent to the vesting in Congress the power of levying the duties in the act aforesaid specified, Congress will proceed to the execution of the said powers; and the revenues arising from the said duties, shall be carried to the general credit of all the states which shall consent or accede thereto, in the first session of their respective legislatures, which shall be held after the said act shall have reached the executive powers of the states respectively.

Ordered , That the foregoing resolution, together with the act of the 3d, be transmitted with all convenient despatch to the several states; and that, in the letter accompanying the same, the President urge upon the several executives the necessity of immediately calling the assemblies, if not already convened, for the purpose of vesting Congress with the power mentioned in the said act.

Ordered , That a committee of three be appointed to make as accurate an estimate of the public debt as they possibly can, and report the same to Congress;

The members, Mr. [James] Duane, Mr. [William] Sharpe, Mr. [Oliver] Wolcott.

Ordered , That the estimates and returns relative to the public debts, in the Secretary's office, be referred to the said committee.

Mr. Richard Law was nominated by Mr. [Jesse] Root for the office of secretary of foreign affairs.

The committee to whom was re-committed part of their report on a plan for the arrangement of the civil executive departments of the United States, delivered in another report.

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Congress then resumed the consideration of the plan for the arrangement of the civil executive departments of the United States; and thereupon,

Resolved , That there be a Financier Superintendant of Finance, a Secretary at War, and a Secretary of Marine:

That it shall be the duty of the Financier [Superintendant of Finance], to examine into the state of the public debt, the public expenditures, and the 1 public revenue, to digest and report plans for improving and regulating the finances, and for establishing order and economy in the expenditure of the public money; to direct the execution of all plans which shall be adopted by Congress respecting revenue and expenditure; to superintend and control the settlement of all public accounts; to direct and control all persons employed in procuring supplies for the public service, and in the expenditure of public money; to obtain accounts of all the issues of the specific supplies furnished by the several states; to compel the payment of all moneys due to the United States, and in his official character, [or in such manner as the laws of the respective states shall direct,] to prosecute on behalf of the United States, for all delinquencies [respecting the public revenue and expenditures]; to report to Congress the officers which shall be necessary for assisting him in the various branches of his department.

1 George Bond here begins the entries.

That the powers and duty of the Secretary at War shall be as follows:

To examine into the present state of the war-office, the returns and present state of the troops, ordnance, arms, ammunition, cloathing, and supplies of the armies of these United States, and report the same to Congress; to obtain and keep exact and regular returns of all the forces of the United States, and of all the military stores, equipments, and supplies in the magazines of the United States, or in 0139 127 other places for their use; and to take the immediate care of all such as are not in actual service; to form estimates of all such stores, equipments and supplies as may be requisite for the military service, and for keeping up competent magazines, and to report the same to the Financier [Superintendant of Finance], that he may take measures for procuring the same in such manner as may best suit the finances of these states; to prepare estimates for paying and recruiting the armies of these United States, and lay them before the Financier [Superintendent of Finance], so seasonably as to enable him to make provision without delay or derangement; to execute all the resolutions of Congress respecting military preparations, and transmit all orders and resolutions relative to the military land forces of these United States; to make out, seal, and countersign all military commissions, keep registers thereof, and publish annually a list of all appointments; to report to Congress the officers necessary for assisting him in the business of his department. 1

1 This report, in the writing of James Duane, except the words in brackets, which are in the writing of Samuel Huntington, is in the Papers of the Continental Congress , No. 28, folio 311.

The Committee to whom was re-committed a plan for the arrangement of the Civil Executive Departments of the United States so far as it respects the marine, submit the following Report:

Resolved , That it shall be the duty of the Secretary of Marine, to examine into and report to Congress the present state of the navy, a register of the officers in and out of command, and the dates of their respective commissions; and an account of all the naval and other stores belonging to that department; to form estimates of all pay, equipments and supplies necessary for the navy; and from time to time to report such estimates to the Superintendent of Finance, that he may take measures for providing for the expences, in such manner as may best suit the condition of the public treasury; 0140 128 to superintend and direct the execution of all resolutions of Congress respecting naval preparations; to make out, seal and countersign all marine commissions, keep registers thereof, and publish annually a list of all appointments; to report to Congress the officers and agents necessary to assist him in the business of his department; and in general to execute all the duties and powers specified in the act of Congress constituting the Board of Admiralty. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 28, folio 315.

A letter, of the 6th, from B. Stoddert, secretary of the Board of War, was read: 2

2 This letter is in the Papers of the Continental Congress, No. 78, XXI, folio 17.

Ordered , That it be referred to the Board of Wary 3

3 Here Charles Thomson resumes the entries in the Journal.

At A Board Of War Feb y 5 th . 1781.

Present M r . Peters Gen l . Cornell

The Board have considered the Memorial of Lt Col Diriks and beg leave to remind Congress, that he was made a Lt Colonel by Brevet in the Army of the United States on the fifth day of Nov. 1778 and permitted to return to the Netherlands—where it appears from the journals of that day that he was to be employed in negociating a loan—the Board knew nothing of him from that time only by report—which said that he went to Holland and transacted the Business he was employed in to the satisfaction of those who sent him—till the 29 th . December, 1779 when Congress resolved “That in consideration of the peculiar circumstances attending the Case of Colonel Diriks that gentleman receive the pay and subsistance of a Lt Colonel in the Army of the United States from the date of his Brevet untill the further order of Congress.” It would seem from this resolution that the Brevet commission given to Colonel Diriks was intended in the first instance as a mere honorary matter. He continued to draw his pay and rations in Philadelphia, frequently applying to the Board to be employed in active service tilt the 12th of July last, when Congress Resolved “That Lt Colonel Diriks have leave of absence agreeable to his request untill the further order of Congress.”

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“That Bills of Exchange for four hundred and fifty dollars be granted him on the hon ble M r . Laurens (afterwards altered for Bills on M r . Jay) on account of his pay.”

Colonel Diriks did not return to Europe as he intended when these resolutions passed but on the 7 th . of August informed Congress that he would serve one more campaign in America and defer his departure till the end of it which he has done accordingly.

Upon this State of facts Congress will be pleased to Judge whether it should be resolved

That Lt Colonel Diriks be informed that it is impracticable to employ him in the Service of these States consistent with the arrangement of the Army.

That he receive his pay to this day and be no longer considered in Service.

Or if Congress should be of opinion that Lt Col. Diriks should be considered as an Officer entitled to retire under the Regulations of the 3d and 21st Oct last, they will please to resolve,

That Lt Col. Diriks have leave to retire from the Army of the United States agreable to the regulations of Congress of the 3d and 21st October last— 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 107. It is indorsed: “Read Feby. 7, 1781.”

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 8, 1781

A letter, of 24th January, from Major General Greene, with sundry papers enclosed, giving an account of a signal and complete victory gained by Brigadier General Morgan, on the 17th January, over a detachment of the British army under the command of Lieutenant Colonel Tarleton;

Also, another letter from Major General Greene, of 23 January, and a letter of January 9th, from the same, with sundry papers enclosed, were read: 2

2 The letter of 9th is in the Papers of the Continental Congress , No. 155. I, folio 505; that of 23d is on folio 513; that of 24th is on folio 533.

Ordered , That the same be referred to a committee of three: the members, Mr. [Thomas] Burke, Mr. [James Mitchell] Varnum, Mr. [Thomas] Bee.

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An authentic copy of a letter from Brigadier General Moultrie to Lieutenant Colonel Balfour, dated Christ Church Parish, October 16th, 1780, and Balfour's answer, [were read:]

Ordered , That copies thereof be transmitted to the ministers of these United States at the courts of Europe; and that the letter be referred to the committee aforesaid.

A letter, from Alexander Skinner, an officer of Lieutenant Colonel Lee's legionary corps, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XX, folio 549.

Ordered , That it be referred to the Board of War.

A letter, of 7, from B. Otto, physician and surgeon, was read; Whereupon,

Ordered , That the letter of Doctor Otto be referred to the Board of War to take measures for preventing any interruption being given to the hospital at the yellow springs, the same being provided solely for the reception of proper hospital subjects.

A petition, of Paul Bentalon, was read:

Ordered , That it be referred to the Board of War.

A letter, of 20 January, from Brigadier General Morgan, was read: 2

2 Bentalon's petition is in the Papers of the Continental Congress , No. 42, I, folio 234; Morgan's letter is in No. 78, XVI, folio 131.

Ordered , That it be referred to the committee on Major General Greene's letters.

On motion of the Committee of Commerce,

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twelve hundred and fifty dollars new emission, in favour of John Henderson, to be charged to the account of Oliver Pollock, agent of the United States at New Orleans.

A letter, of this day, from Cha Morse, was read:

Ordered , That it be referred to the Board of Treasury.

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A letter, of 7th, from R. Bache, postmaster general, was read:

Ordered , That it be referred to the Committee on the Post Office.

A letter, of Oct. 1, 1780, from G. Turner, was read. 1

1 Morse's letter is in the Papers of the Continental Congress , No. 59, III, folio 41; Turner's is in No. 78, XXII, folio 429.

A representation of the Board of Admiralty was read: 2

2 This representation is in the Papers of the Continental Congress , No. 37, folio 355.

Ordered , That it be referred to the Board of Treasury.

A memorial of General Sullivan was read: 3

3 This memorial is in the Papers of the Continental Congress , No. 41, IX, folio 153.

Ordered , That it be referred to the Board of War.

A report from the Board of Treasury was read; Whereupon,

Treasury Office , February 8 th , 1781 .

Upon the the letter of Mr. Lotbinier, read in Congress the 30 th of January last, and referred to this Board; the following resolution is submitted:

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favor of Michael Hillegas, treasurer, for ten thousand dollars old emissions, to enable him to pay that sum to Mr. Lotbinier, in part of a warrant which the said Mr. Lotbinier has upon the treasurer aforesaid for money of the new emission, and for which sum the said treasurer is to be accountable;

Upon the letter from Joseph Scudder, read in Congress and referred to this Board; the following resolution is submitted:

That a warrant issue on Thomas Smith, commissioner aforesaid, in favour of Joseph Scudder, for six thousand dollars in bills of the old emissions, on account of his salary 0144 132 as clerk in the war office, and for which sum the said Joseph Scudder is to be accountable; 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 89.

Treasury Office , Feb y . 2 nd . 1781

The Board of Treasury beg leave to Report,

That in pursuance of an Act of Congress of the 12 th . of Jan y . last the Commissioners of the Chambers of accounts have liquidated the account of John Biddle, Isaac Howell, Peter Thomson, Information accepted. Isaac Snowden and Nathaniel Falconer, Inspectors of the Press, agreeable to the principles of the Act of the 15 th . of November last, and reported a balance due to the said Superintendants to the 4 th of Dec r . last, of 2805 dollars and 60/90th specie. The mode of payment the Board beg leave to submit to Congress; but observe from the pressing solicitations of such of them as are continued in employ, the payment of this balance is necessary to enable them to proceed in the discharge of their duty.

The Board on reconsidering their report of the 19 th of January last, respecting the drawing of the fourth Class of the United States Lottery, see no reason to alter their opinion then given, and therefore, beg leave to offer again the resolution then proposed—changing the time for drawing to the 1 st . of March next.

The Board beg leave further to Report,

That on the application of William Kinnan, copper plate printer, a warrant issue in his favour on Thomas Smith, commissioner aforesaid, for ten thousand dollars old emissions, part of the salary due to him, and for which he is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 83.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 9, 1781

A letter, of this day, from the Board of War, was read.

A letter, of 3, from General Washington, was read, with sundry papers enclosed: 3

3 The Board of War letter is in the Papers of the Continental Congress , No. 148, I, folio 311. Washington's is in No. 152, IX, folio 541; it is printed in the The Writings of Washington (Ford), IX, 126.

0145 133

Ordered , That it be referred to a committee of three;

The members, Mr. [Joseph] Jones, Mr. [Alexander] McDougall, Mr. [John] Sullivan.

Ordered , That the committee to whom were referred the letters from Major General Greene, Brigadier General Morgan &c take into consideration the state and condition of the southern army, and report ways and means of supplying their wants. 1

1 A copy of this order, as an extract from the minutes is in the Papers of the Continental Congress , No. 155, I, folio 545.

Petitions from Thomas Felten, Benjamin Armitage, Joseph VanDyke, Joseph Jewell, Elijah Weed, Will Lawrence and Francis Proctor, were laid before Congress, each praying to be appointed keeper of the state prison in the room of R. Jewell, deceased: 2

2 Felton's petition is in the Papers of the Continental Congress , No. 42, IV, folio 268; Armitage's is on folio 230; Vandyke's on folio 272; Jewell's on folio 234; Weed's on folio 244; Lawrence's on folio 274; Proctor's on folio 260. A similar petition, from Henry Murfits, was also presented; it is in No. 42, V, folio 225.

Ordered , That they be referred to the Board of War.

Resolved , That the salary of the Superintendant of Finance be six thousand dollars per annum;

That the salary of the Secretary at War be five thousand dollars per annum; and

That the salary of the Secretary of Marine be five thousand dollars per annum.

Ordered , That Monday next be assigned for the election of the officers aforesaid, and the Secretary of Foreign Affairs.

A report from the Board of Treasury was read; Whereupon,

Treasury Office , February 9th, 1781 .

The Board of Treasury having considered the letter of the 3rd instant from Philip Audibert Asst. to John Pierce, paymaster general, beg leave to report;

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of 0146 134 Pensylvania, in favour of Philip Audibert, on account of John Pierce, paymaster general, for eight hundred and eleven dollars new emission, to enable the said P. Audibert to discharge two warrants drawn on the paymaster general by the Board of War; one for five hundred and fifty-two dollars, in favour of Lieutenant Jenkins, of Captain Spalding's company; the other in favor of Captain Selin, paymaster to Captain Paul Schott's corps, for two hundred and fifty-nine dollars of the emission aforesaid, being on account of pay due to their corps now under marching orders from Wyoming to join the main army, and for both of which sums, amounting to eight hundred and eleven dollars, the aforesaid John Pierce, paymaster general, is to be accountable;

That on the application of the Inspectors of the Press, the following resolution is submitted:

That a warrant issue on Thomas Smith, commissioner aforesaid, in favour of John Biddle, Isaac Howell, Peter Thomson, Isaac Snowden and Nathaniel Falconer, The alterations made on the 10th. inspectors of the continental press, for two one thousand eight four hundred and five two dollars and forty-five ninetieths of a dollar in bills of the new emissions in discharge part of their account settled to the 18th day of March last 4 day of December last;

That on the application of William Geddes, commissioner of accounts, a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in his favour for twenty thousand dollars old emissions, on account of his salary and for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 93.

On motion of Mr. [Theodorick] Bland, seconded by Mr. [John] Sullivan,

0147 135

Ordered , That the Board of Treasury immediately lay before Congress an exact state of the returns from all the respective loan-offices, specifying the old emissions brought in to be destroyed, and the new emissions retained, subject to the orders of Congress; also, a state of the taxes paid in by the respective states, and that they make such report to Congress on the first Monday of every month in future.

[A memorial from Abraham Whipple, John Peck Rathburne, Samuel Tucker and Thomas Simpson, was read: 1

1 This memorial is in the Papers of the Continental Congress , No. 41, X, folio 454.

Ordered , That it be referred to a committee of three.

The members chosen, Mr. [Alexander] McDougall, Mr. [Oliver] Wolcott and Mr. [William] Sharpe.] 2

2 The part in brackets was entered in the Journal by George Bond.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 10, 1781

The committee to whom was referred the letter, of the 2d, from William Geddes, delivered in a report, which was read.

The Committee to whom were referred the letter of the 2 d . instant from W m . Geddes, beg leave to report the following resolution:

That the setting aside the election of William Geddes and the appointment of another person to the office of paymaster general was founded grounded upon reasons of expediency and propriety, and all reports circulated injurious to the character or reputation of the said William Geddes on that account are false and unfounded. 3

3 This report, in the writing of William Sharpe, is in the Papers of the Continental Congress , No. 19, II, folio 405. It appears in the list of postponed reports in No. 31, folio 371.

Congress was resolved into a Committee of the Whole, to consider farther the report on finance, and after some time the President resumed the chair, and Mr. [John] Mathews reported, that the committee have considered farther the 0148 136 reports on finance, but not having come to a conclusion, desire leave to sit again. 1

1 The following motion, without date, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 36, IV, folio 37:

That an eighth of a dollar p. ton, Carpenters tonnage be paid upon all vessels arriving in any port of these United States coming from foreign ports loaded with any foreign commodities or in ballast.

postpon d .

The following motion, in the writing of Thomas Burke, was, the indorsement shows, postponed on this day. It is in the Papers of the Continental Congress , No. 36, IV, folio 37 1 :

Resolved , That the duties which the States are requested to empower Congress to levy by the act of the 3 rd . Instant be payable in specie only—and that all imported articles prizes and prize goods be rated for the purpose of ascertaining the said duty, in specie and that it be recommended to the States to make provisions in their respective laws conformable to this resolution.

The following motion, in the writing of Henry Wynkoop, was referred to the Committee of the Whole as the indorsement shows. It is in the Papers of the Continental Congress , No. 36, IV, folio 39:

Resolved , That it be recommended to the respective Legislatures to repeal all penal clauses, that may be inserted in any of their Laws enacted for the purpose of funding and redeeming the Bills of Credit emitted by the Resolutions of Congress of the 18 th . of March last.

That all Taxes, Duties or Imposts which now are or heretofore have been recommended to the States since the 18 th . of March last be considered as estimated in specie or the actual value thereof and that their respective Quotas and Proportions, be charged to them, by the Treasury Board accordingly.

And that it be recommended to the Legislatures to adopt such Modes and Regulations as shall best suit their respective situations and circumstances for effectually procuring the payment of all Taxes, Duties or Imposts either in specie or the actual value thereof in paper Bills of Credit.

That the Commissioners of the respective Loan offices be impowered and directed to attend particularly to the exchange between specie and the paper Bills of Credit actually existing from time to time in those States within which they respectively reside, and transmit weekly Rates thereof to the persons appointed to collect the Duties and Imposts upon goods and merchandize imported into those States to which the Loan Officers respectively belong; which rates shall be the Rule to direct the said Colectors in the receiving of all the aforesaid duties in specie or paper Bills, and shall be transmitted once in every month by the respective Loan Officers to the Treasury of the United States.

That it be recommended to the Legislatures of each State to emitt such proportion of the Bills of the 18 th . of March, in Bills of such Denomination under one Dollar as shall suit their respective purposes for small change and to the Amount of such sum as they conceive the Circumstances of their respective States may require; and that they be requested without delay to transmitt such amount to the Treasury of the United States to enable that Board to prevent the Issuing of any greater quantity to each State than the amount allotted to them respectively by the Resolutions of the 18 th . of March last including the sum emitted for Change as by this Resolution recommended.

0149 137

Ordered , That on Monday next Congress be resolved into a Committee of the Whole, to consider farther the reports on finance.

The Board of War, to whom was referred the letter of Alexander Skinner, delivered in a report; Whereupon,

At a Board of War Feb y . 10 th . 1781

Mr Peters Gen Cornell

The Board having considered the letter from Doc t Skinner referred to them, beg leave to lay before Congress an estimate they Countersigned on the 2 nd . of Nov r . last and sent to the Board of Treasury for £10,414:5:2 of the new emissions to procure the articles therein specified for the Southern Army.

As the saddles intended for Col. Lee's partizan Corps, which are indispensably necessary, were included in the estimate, and as the other articles mentioned are equally essential, the Board beg leave to report:

Ordered , That a warrant issue in favour of Chas. Pettit, assistant quartermaster, for twenty-seven thousand seven hundred and seventy-one dollars of the new emissions, to enable Colonel S. Miles to procure for the southern army the articles contained in the Board of War's estimate of 22d [2d] November last. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 139.

A report from the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Chas. Pettit aforesaid, on account of T. Pickering, quartermaster general, for five hundred thousand dollars old emissions, for the use of Colonel Carrington, deputy quartermaster for the southern army, and for which the said T. Pickering, quartermaster general, is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, VI, folio 97.

Adjourned to 10 o'Clock on Monday.

0150 138
MONDAY,, FEBRUARY 12, 1781.

Mr. Daniel Carrol, a delegate for the State of Maryland, attended and produced the credentials of his appointment, which were read, as follows:

Maryland , Annapolis 3 Feb. 1781 .

We hereby certify that John Hanson, Daniel of St. Thomas Jenifer, Daniel Carroll and Richard Potts Esquires are elected Delegates, to represent this State in Congress for the year One thousand seven hundred and Eighty one.

Ja. Macubbin Cl . Sen .

F. Green Cl He Del. 1

1 The original is in the Papers of the Continental Congress , Maryland, Credentials of Delegates.

The delegates for Maryland laid before Congress a certified copy of an act of the legislature of that State, which was read, as follows:

“An act to empower the delegates of this State in Congress to subscribe and ratify the Articles of Confederation.

“Whereas it hath been said that the common enemy is encouraged by this State not acceding to the Confederation, to hope that the union of the sister states may be dissolved; and therefore prosecutes the war in expectation of an event so disgraceful to America; and our friends and illustrious ally are impressed with an idea that the common cause would be promoted by our formally acceding to the Confederation: this general assembly, conscious that this State hath, from the commencement of the war, strenuously exerted herself in the common cause, and fully satisfied that if no formal confederation was to take place, it is the fixed determination of this State to continue her exertions to the utmost, agreeable to the faith pledged in the union; from an earnest desire to conciliate the affection of the sister 0151 139 states; to convince all the world of our unalterable resolution to support the independence of the United States, and the alliance with his Most Christian Majesty, and to destroy forever any apprehension of our friends, or hope in our enemies, of this State being again united to Great Britain;

“Be it enacted by the general assembly of Maryland, that the delegates of this State in Congress, or any two or three of them, shall be, and are hereby, empowered and required, on behalf of this State, to subscribe the Articles of Confederation and perpetual union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pensylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, signed in the general Congress of the said States by the honorable Henry Laurens, esq. their then President, and laid before the legislature of this State to be ratified if approved. And that the said Articles of Confederation and perpetual union, so as aforesaid subscribed, shall thenceforth be ratified and become conclusive as to this State, and obligatory thereon. And it is hereby declared, that, by acceding to the said Confederation, this State doth not relinquish, or intend to relinquish, any right or interest she hath, with the other united or confederated states, to the back country; but claims the same as fully as was done by the legislature of this State, in their declaration, which stands entered on the journals of Congress; this State relying on the justice of the several states hereafter, as to the said claim made by this State.

“And it is further declared, that no article in the said Confederation, can or ought to bind this or any other State, to guarantee any exclusive claim of any particular State, to the soil of the said back lands, or any such claim of jurisdiction over the said lands or the inhabitants thereof.

0152 140

“By the House of Delegates, January 30th, 1781, read and assented to,

By order, F. Green , Clerk .

By the Senate, February 2d, 1781. Read and assented to.

By order, JAs. Maccubbin , Clerk ,

Tho. S. Lee . (L. S.)” 1

1 This copy is in the Papers of the Continental Congress , No. 70, folio 453. It was also entered in No. 9 (History of the Confederation).

A letter, of 28 November, and

One, of 19th December, from Will Carmichael, were read: 2

2 The letter of 28 November is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 164; that of 19 December, page 198.

Ordered , That the same be considered on Wednesday next.

Petitions of John Taggatt, Mathew McConnel, Samuel Alexander, Robert Bevins, John James and Charles White, were read:

Ordered , That the said petitions be referred to the Board of Treasury for settlement, agreeably to the resolution of the 4 January last.

A letter, of this day, from E. Cornell, was read: 3

3 Taggart's petition, dated February 12, 1781, is in the Papers of the Continental Congress , No. 42, VII, folio 402; that of McConnel, Alexander, Bevins, James and White is in No. 42, V, folio 229; Cornell's letter is in No. 78, VI, folio 15.

Ordered , That it be referred to the Board of Treasury.

A memorial of Captain Thomas McIntyre was read:

Ordered , That it be referred to the Board of War.

A memorial, signed O'Neill, was read: 4

4 This memorial is in the Papers of the Continental Congress , No. 41, VII, folio 290.

Ordered , That it be referred to the Board of War.

A report from the Board of War was read; Whereupon,

At a Board of War , Feb y 12 th 1781

Present M r Peters, Gen l Cornell M r Mathews

Col Miles having represented that it will be absolutely necessary to advance 590 dollars of the new emissions to the Wagoners who are to be sent with Stores for the Southern Army, beg leave to report.

Ordered , That a warrant issue in favour of Charles Pettit, assistant quartermaster general, for five hundred and ninety 0153 141 dollars of the new emissions, for the use of Colonel Miles, deputy quartermaster for Pensylvania, the quartermaster general to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 143.

The committee to whom was referred the report of the Board of Treasury, of the 29 January last, delivered in a report; Whereupon,

The Committee to whom was referred the report of the Board of Treasury of the 29 th of Jan ry taking into their consideration the present demands on the Treasury, and having examined into the state of the monies at present in the Treasury and in the loan office of the State of Pennsylvania beg leave to report,

Ordered , That a warrant issue in favour of Charles Pettit, assistant quartermaster general, on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for ten thousand dollars of the new emissions, five thousand of which to be applied towards furnishing supplies, &c., for the post at Fort Pitt, and the remaining five thousand to be applied to such other public purposes as are most urgent and immediately pressing in the district of the quartermaster's department under the direction of Colonel Miles, deputy quartermaster.

Ordered , That bills of exchange be sold, under the direction of the Board of Treasury, by Thomas Smith, commissioner aforesaid, for five hundred dollars specie, to be paid into the hands of the paymaster general of the army, for the use of the Commander in Chief. 2

2 This report, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 26, folio 251.

Congress was resolved into a Committee of the Whole, and after some time, the President resumed the chair, and Mr. [John] Mathews reported, that the Committee have considered farther the reports on finance, and made some progress, but not having come to a conclusion, desire leave to sit again:

0154 142

Ordered , That to Morrow Congress be again resolved into a Committee of the Whole, to consider farther the reports on finance.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 13, 1781

A letter, of 25 January, from the governor of Rhode Island, was read, with an act passed by the legislature of that State enclosed.

A letter and petition from Rouz & Co. were read:

Ordered , That they be referred to the committee on the petition of Oliver Bowen.

A letter, of 3, from Leonard Gansevoort, was read, signifying his acceptance of the office of commissioner of the extra chamber of accounts in the northern department.

A letter, of this day, from B. Harrison, was read: 1

1 The Rhode Island letter is in the Papers of the Continental Congress , No. 64, folio 494; Gansevoort's letter is in No. 78, X, folio 289; Harrison's is in No. 78, XII, folio 117.

Ordered , That a committee of five six be appointed to confer with Mr. Harrison on the subjects mentioned in the said letter.

The members, Mr. [Samuel] Adams, Mr. [Alexander] McDougall, Mr. [Joseph] Montgomery, Mr. [John] Sullivan, Mr. [James] Madison, Mr. [Thomas] Burke.

A letter, of the 10, from Thomas Nelmes, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, XVII, folio 123.

Ordered , That it be referred to the Board of Treasury to report.

A memorial, from J. Henderson, agent of O. Pollock, was read, with sundry papers enclosed: 3

3 This memorial is in the Papers of the Continental Congress , No. 41, IV, folio 169.

Ordered , That the same be referred to the Committee of Commerce.

0155 143

A letter, from Baron d'Arendt, was read. 1

1 This letter is in the Papers of the Continental Congress , No. 78, VII, folio 355.

Congress took into consideration a report of the Board of War on the memorial of Baron d'Arendt; and, Thereupon,

At a Board of War Jan y . 16 th . 1781

Present M r Peters Gen l Ward Gen l Cornell

The Board of War to whom was referred the Memorial of the Baron Arendt so far as respected his Military claims, beg leave to report to Congress.

That by Resolve of Congress of the 19 th March 1777. the Baron Arendt was appointed Colonel of the German battalion in the room of Col Hausegger. That while on duty in the same year he became ruptured by art accident and so soon as he was fit to resume a command, he was ordered by Gen l Washington to take charge of the garrison of Mud Island the command whereof he was obliged to leave by an injury received in the course of duty.

That on the 18 th August 1778, the Baron obtained a furlough from Congress, for twelve months, to the end that he might during that time, cross the Sea for the benefit of his health.

That it appears by two letters produced to the Board from the honble William Lee to the Baron Arendt dated at Frankfort on the Maine the 3 rd . and 5 th . July 1779. that at the request of M r Lee, the Baron being then on his way to America returned to the Court of Prussia to solicit Arms and Military Stores for the State of Virginia, and in one of the said letters M r Lee agreed to “recommend it to the State of Virginia to reimburse the Baron for the expences of his journey, when he returned to America, provided that those expences did not exceed twenty five Louis d'ors”.

It appears by the Baron's Memorial that he thought this request was sufficient to justify him in discontinuing his intended return to America, as he presumed M r Lee by being a Commissioner of the United States had sufficient authority to warrant him in making the request.

Should Congress be of this opinion, they will please to resolve,

That the reasons assigned by the Baron Arendt for not returning to America before the expiration of the furlough granted him by Congress are satisfactory.

0156 144

That the Treasury Board be directed to report a Warrant for the pay and subsistence of the Baron Arendt as a Colonel Negatived in the service of the United States from the time of his last receipt of the same, to the first of January 1781.

That the Baron Arendt be informed Congress have a due sense of his merit, but that it is impracticable, consistent with the arrangements of the Army, to employ him therein, suitable to his rank and therefore that he cannot be considered as in service after the said 1 st of January 1781.

Should Congress be of opinion that M r Lee's request to the Baron to go on a private negotiation was either not intended by that gentleman to interfere with his military obligations, or was, otherwise insufficient to justify the Baron's delay, it may be proper to resolve:

That Baron Arendt be informed that Congress cannot employ him in a station suitable to his merit and rank, in the Army of the United States, consistent with the late arrangements thereof.

Ordered , That the Board of Treasury settle the account of Baron d'Arendt, charging him with twenty-five louis paid him by Doctor Franklin, and report a warrant for the balance of pay and subsistence due to him as a colonel in the service of the United States, from the time of his last receipt of the same to the time of the expiration of his furlough, after which time Congress did not consider him in service. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 83.

A letter, of this day, from E. Forman and J. Gibson, was read; 2 Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 62, folio 636.

According to the order of the day Congress proceeded to the consideration of the papers referred to in their letter, of the 6th, and some time was spent thereon.

The committee to whom was referred the letter, from Governor Jefferson, of January 15th, and the committee on the letter of R. Patten, delivered in their respective reports. 3

3 This paragraph is entered by George Bond.

The Committee to whom was referred the letter of M r Robert Patten beg leave to submit the following Resolution:

0157 145

Resolved , That the Officers of the Continental Army described in the Act of the 1 st of January last, are those who were continued in the Army by virtue of the arrangements which took place, in consequence of the resolutions of Congress of the 17 th of May, and 24 th of Nov r 1778, and that they are respectively entitled to rank and promotion as if they had been with their Corps 1

1 This report, in the writing of Alexander McDougall, is in the Papers of the Continental Congress , No. 19, V, folio 43. It is in the list of postponed reports in No. 31, folio 371.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 14, 1781

A letter, of the 5th, from Governor Clinton, of the State of New York, was read:

Ordered , That it be referred to the committee on the letter from the president of the senate and speaker of the house of assembly of that State.

A memorial, of J. Ross, was read:

Ordered , That it be referred to the Board of Treasury to devise ways and means for payment of his account.

A memorial of James Morris was read, enclosing an account of damage done by the army encamping on his farm, in 1777: 2

2 Clinton's letter is in the Papers of the Continental Congress , No. 67, II, folio 344; Ross's memorial is in No. 136, V, folio 123, and his letter of transmittal in No. 78, XIX, folio 335; Morris's memorial is in No. 41, VI, folio 225.

Ordered , That the same be referred to the Board of Treasury, to be filed with others of a similar nature.

The Board of War, to whom was referred the letter of 7, from Benjamin Stoddert, secretary of the Board of War, praying leave to resign, delivered in a report; Whereupon,

At a Board of War Feb y 14 th 1781

M r Peters Genl Cornell

The Board having considered the letter from Ben Stoddert, and being assured that the situation of his health will not permit him to remain in office, beg leave to report:

A letter of the 7 th inst from Ben Stoddert Sec y of the Board of War, praying leave to resign, being read,

Resolved , That his resignation be accepted.

0158 146

With respect to the claim he exhibits, as it is not supported by resolutions of Congress, the Board conceive Congress alone can determine on it. If they should conceive from his state of facts, that it is a just one, it would be proper in order to avoid establishing a disagreeable precedent to resolve

That the account inclosed in Ben Stodderts letter, be referred to the Board of War, to take order.

Should Congress be of a contrary opinion, a resolution on the subject will not be necessary. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 157.

Resolved , That his resignation be accepted.

Ordered , That the remainder of the report be postponed.

A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Charles Morse, one of the clerks in the office of the Secretary to Congress, a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in his favor for seven thousand five hundred dollars of the old emissions, on account of his salary and for which sum he is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 103.

The order of the day, to proceed in the consideration of the papers under debate yesterday, being called for;

On motion of Mr. [Thomas] Burke, seconded by Mr. Sharpe [Jesse] Root,

Ordered , That the papers under debate yesterday be referred to a committee of three.

The members, Mr. [Joseph] Jones, Mr. [John] Sullivan, Mr. [Jesse] Root.

According to the order of the day, Congress took into consideration the letter from W. Carmichael, and some time being spent thereon,

Adjourned to 10 o'Clock to Morrow.

0159 147
THURSDAY, FEBRUARY 15, 1781

The report of the committee on the letter, of January 15, from the governor of Virginia, being read;

The Com ee to whom was referred the letter of the 15 th of January 1781 from Governor Jefferson report—

That they have agreeably to their instructions, conferred with the Board of War whose ideas on the subject matter of the said letter are contained in a letter to your Committee dated February the second to which the Committee—refer and from the best enquiries your Committee have been able to make they are of opinion that the flesh provisions of Virginia which can be driven to the Southern army or magazines ought to be wholly reserved for that service, that flour and other provisions which require transportation by land and lie near the places where the prisoners are stationed, and remote from navigation ought to be appropriated to the supply of the posts where the prisoners are kept, that the flour and grain to be furnished from the parts of Pennsylvania which lie west of the River Susquehanna, and remote from the navigation thereof and of the waters that run into Cheaseapeak Bay, also from the western parts of Maryland and the parts of Virginia that he on the head branches of Potowmack and. remote from navigation may with the least inconvenience to the general objects of the war, be appropriated for supplying the posts in the western parts of Maryland where the prisoners are stationed—That the flesh meat required from Maryland except such as may be barrelled cannot without great waste and difficulty be sent to the Southern army, and therefore it will be expedient to supply the same to the Posts where the prisoners are stationed—

Whereupon your Committee submit the following resolution—

Resolved , That the Commissary General of purchases be ordered to supply the prisoners of war who are or shall be stationed in Maryland with flour and bread from the parts of Pennsylvania lying to the Westward of the River Susquehanna and not convenient to the navigation of that river or any of the waters which run into the Bay of Cheaseapeak, and from that part of Virginia which lies remote from the navigable waters of James and contiguous to the more inland branches of Potowmack rivers, and with flesh provisions from Maryland, and if not sufficient from Pennsylvania and the States to the Northward thereof—

0160 148

Resolved , That all provisions furnished by the said States for supplying the said prisoners shall be credited to their respective quotas of specific supplies 1

1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 147, V, folio 13.

Ordered , That it be referred to the committee appointed to confer with Colonel B. Harrison.

The committee appointed to consider the letter, of December 22, 1780, from the governor of Massachusetts, delivered in a report; Whereupon,

Resolved , That the President inform the governor of Massachusetts that Congress, sensible of the importance of supporting the eastern Indian department under the superintendance of Colonel John Allen, approve of the care of the executive of Massachusetts in making from time to time the necessary provision for the same, and they are requested to continue such supplies and charge the same to the United States, and it is further resolved that the governor and council of Massachusetts be and hereby are empowered to compleat the company of artillery at the post of Machias to a number not exceeding sixty-five, including such officers as they shall judge necessary for the further security and defence thereof, the said company to be under the command of Colonel John Allen, and to be raised, cloathed, paid and subsisted as continental soldiers at the expence of the United States? 2

2 This report, in the writing of Samuel Adams, is in the Papers of the Continental Congress , No. 20, I, folio 63.

A letter, of 14, from Daniel Hale, was read: 3

3 This letter is in the Papers of the Continental Congress , No. 78, XII, folio 121.

Ordered , That it be referred to the Board of Treasury.

A report from the Board of War, on the petition of Captain Paul Bentalon, was read; Whereupon,

0161 149

War Office Feb y . 12 th 1781

M r Peters, Gen l Cornell

The Board having considered the Memorial of Cap t Paul Bentalon referred to them, and finding the facts therein stated to be true, beg leave to report.

Ordered , That the Memorial of Captain Paul Bentalon be referred to the Board of War to take order.

Should this pass Congress the Board can only give him an order for three months pay in the new emissions, a sum which he says will be very inadequate to his wants, but they know of nothing else that can be done at present. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 159.

A letter, of 15th, from the Board of War, was read, enclosing an estimate of articles wanted for equipping Colonel Sheldon's and Moylan's legionary corps, amounting 116010 3/93/0 dollars new emissions. 2

2 This letter is in the Papers of the Continental Congress , No. 136, V, folio 127.

Ordered , That the same be referred to the Board of Treasury, to devise ways and means for furnishing that sum, and report the same to Congress.

A letter, of 14, from the Board of War, was read, respecting the money due to sundry iron masters: 3

3 This letter is in the Papers of the Continental Congress , No. 147, VI, folio 145.

Ordered , That the same be referred to the Board of Treasury, to devise ways and means for paying the said iron masters, and report the same.

A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Joseph Carleton, paymaster to the Board of War and Ordnance, approved by the said Board, a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of the said Joseph Carleton, for 0162 150 twenty-five thousand dollars in the bills of the old emissions, to be advanced to Alex r . Rutherford for paying the hired men in the shoe factory, for which sum the said paymaster is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No 136, V, folio 109.

Treasury Office. Feb y . 12 th 1781

In compliance with an order of Congress of the ninth instant “to lay before them returns from all the respective Loan Offices &c,” the Auditor General was by the Board immediately served with a copy of said order and directed to prepare the returns necessary. In the meantime the Board beg leave to call to the remembrance of Congress the information on this subject laid before them by the report of the Board of the 10 th . ult. which report and the enclosures do contain the information now demanded.

The Board further report,

That no returns from any of the Loan Offices since the report aforesaid of the 10 th . ult. relative to the information now required by Congress have been received: but the Board are informed, tho, not officially that the Treasurer of Pennsylvania has paid several sums into the Loan Office of this State, to exchange for the New Money.

The Board of Treasury have had under their consideration, “the representation of the Board of Admiralty to Congress Feb y . 17 th . 1781” and referred to them, whereupon they beg leave to represent, that with respect to the ten thousand dollars required to be advanced (which the Board conceive are intended to be in the new bills) They are of opinion such advance cannot be made, unless by a warrant reported for that sum on the Loan Office of Massachusetts Bay, at which Office only they are of opinion it can be paid. The sum in the new bills in that office will appear by a report from this Board of the 10 th . ult. subject to very little alteration since by drafts on said Loan Office.

The warrant on Thomas Smith Loan Officer for Pennsylvania in favor of the Treasurer required by the Board of Admiralty to enable the said Treasurer to discharge a balance of a warrant that Board has on him for 602,000 dollars would answer no valuable purpose, as M r . Smith has not money to discharge such warrant.

The Board further Report:

That Joseph Howell Jun r . one of the Auditors of accounts for the Main Army has by his letter of the 27 ul t . informed the Board—that 0163 151 he left Head Quarters with an intent to continue with the troops stationed at Morris Town in order to have adjusted the accounts of the Officers during the Winter. Those Officers and Pay Masters to the Pennsylvania Line have so unexpectedly been removed to this State, it becomes a Matter of consideration, the propriety of M r . Howell's opening his Office for a time during the pleasure of Congress in Philadelphia, for the purpose of settling with the several Pay-Masters and Officers of the Pennsylvania line, which the Board are induced to believe is very necessary—and thereupon submit the following resolution:

Resolved , That Joseph Howell, jun. one of the auditors of accounts for the main army, be, and he is hereby authorised to open his office in Philadelphia, for the purpose of settling the accounts that may properly come before him, as one of the auditors of accounts for the main army; and that he proceed particularly in the settlement of the accounts of the officers and paymasters of the Pensylvania line, or other accounts proper to be settled by him, under the direction of the Board of Treasury, subject to be removed to the main army so soon as it shall appear necessary. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 105.

Congress resumed the consideration of the letters from W. Carmichael, &c. when the draught of a letter to Mr. Jay, which the delegates of Virginia had moved in pursuance of instructions from their constituents, was debated and agreed to.

The Delegates from Virginia have received an instruction from the General Assembly of that State which authorises them to inform Congress that the zeal of their constituents to promote the general object of the Union and to remove as far as depends on them every reasonable obstacle to the speedy conclusion of an alliance between his Catholic Majesty and these States has so far prevailed over all considerations of a particular interest, that they have consented to withdraw the claim urged in their former instructions to their Delegates on the subject, to the navigation of the River Mississippi, except of such part thereof as forms their Western boundary: provided such cession shall be insisted on by Spain; and relying on Congress for their 0164 152 utmost endeavours to obtain for that and the other states having territory on the said river a free port or ports below such territory. In pursuance of the object of this instruction, the Delegates aforesaid propose that the following letter of instruction be immediately transmitted to the Minister Plenipotentiary of the United States at the Court of Madrid.

Sir ,

Congress having since their instructions to you of the 29th September, 1779, and 4 of October, 1780, relative to the claim of the United States to the free navigation of the River Mississippi, and to a free port or ports below the thirty-first degree of north latitude, resumed the consideration of that subject, and being desirous to manifest to all the world, and particularly to his Catholic Majesty, the moderation of their views, the high value they place on the friendship of his Catholic Majesty, and their disposition to remove every reasonable obstacle to his accession to the alliance subsisting between his Most Christian Majesty and these United States, in order to unite the more closely in their measures and operations three powers who have so great a unity of interests, and thereby compel the common enemy to a speedy, just and honorable peace—have resolved, and you are hereby instructed to recede from the instructions above referred to, so far as they insist on the free navigation of that part of the River Mississippi, which lies below the thirty-first degree of north latitude, and on a free port or ports below the same; provided such cession shall be unalterably insisted upon by Spain; and provided the free navigation of the said river, above the said degree of north latitude, shall be acknowledged and guarantied by his Catholic Majesty to the citizens of the United States in common with his own subjects. It is the order of Congress at the same time, that you exert every possible effort to obtain from 0165 153 his Catholic Majesty the use of the river aforesaid, with a free port or ports below the said thirty-first degree of north latitude for the citizens of the United States, under such regulations and restrictions only as may be a necessary safeguard against illicit commerce. 1

1 The motion and draft of the instruction, in the writing of James Madison, is in the Library of Congress United States Revolution , VI. It was presented, the indorsement indicates, February 1 and postponed.

I am, &c.

S. Huntington , President .

When the question was about being put ∥to agree to the foregoing letter,∥ the previous question was moved by Mr. [Thomas] Burke, seconded by Mr. [James] Lovell; And ∥on the question to agree to the previous question,∥ the yeas and nays being required by Mr. [Thomas]Bee—

New Hampshire, Mr. Sullivan, no no Massachusetts Bay, Mr. Adams, ay Lovell, ay ay Ward, ay Rhode Island, Mr. Varnum, no no Connecticut, Mr. Huntington, no Root, ay ay Wolcott, ay New York, Mr. Floyd, ay div. McDougall, no New Jersey, Mr. Burnet, no * Pennsylvania, Mr. Montgomery, no Atlee, no Clymer, no no Wynkoop, no Smith, no Delaware, Mr. McKean, no no Maryland, Mr. Carroll, no * Virginia, Mr. Jones, no Madison, no no Bland, no North Carolina, Mr. Burke, ay Sharpe, no no Johnston, no South Carolina, Mr. Mathews, no Bee, no no Motte, no Georgia, Mr. Walton, no no Few, no
0166 154

So it passed in the negative.

On the question to agree to the main question or letter ∥of instructions,∥ the yeas and nays being required by Mr. [James] Lovell—

New Hampshire, Mr. Sullivan, ay ay Massachusetts Bay, Mr. S. Adams, no Lovell, no no Ward, no Rhode Island, Mr. Varnum, ay ay Connecticut, Mr. Huntington, ay Root, no no Wolcott, no New York, Mr. Floyd, no div. McDougall, ay New Jersey, Mr. Burnet, ay * Pennsylvania, Mr. Montgomery, ay Atlee, ay Clymer, ay ay Wynkoop, ay Smith, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Carroll, ay * Virginia, Mr. Jones, ay Madison, ay ay Bland, ay North Carolina, Mr. Burke, no Sharpe, ay no Johnston, no South Carolina, Mr. Mathews, ay Bee, ay ay Motte, ay Georgia, Mr. Walton, ay ay Few, ay

So it was resolved in the affirmative. 1

1 The letter to Mr. Jay and the proceedings following were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. They are printed in the Diplomatic Correspondence of the American Revolution (Wharton) IV, 257.

Adjourned to 10 o'Clock to Morrow. 2

2 Petitions from John White, George Nagel and Wm. Will, (on behalf of his brother, Philip Will,) were presented on this or an approximate date, each making application for the place of keeper of the State Prison in Philadelphia, in the room of Robert Jewell, deceased. White's is in the Papers of the Continental Congress , No. 42, IV, folio 232; Nagel's is on folio 236; Will's is on folio 252.

0167 155
FRIDAY, FEBRUARY 16, 1781

The Medical Committee laid before Congress a letter, of January 12, from Doctor J. Browne, acting as surgeon general in the southern army, which was read:

Ordered , That it be referred to the Medical Committee.

Ordered , That Mr. [William] Burnett be added to the Medical Committee.

A petition of Joseph Greenwood was read:

Ordered , That it be referred to the Board of War.

A memorial of Richard Gridley was read: 1

1 Greenwood's petition, dated January 2, 1781, is in the Papers of the Continental Congress , No. 42, III, folio 224; Gridley's memorial dated October 15, 1778, is in No. 41, III, folio 387.

Ordered , That it be referred to the Board of War.

A report from the Board of War was read; Whereupon,

War Office Feb y . 16 th 1781

Sir ,

Brigadier General Hand who is appointed Adjutant General is now on his way to Camp, but is prevented from joining the Army by a want of money to enable him to proceed. and undertake the duties of his Office. The Board have no power to assist him unless Congress will be pleased to Resolve,

Ordered , That the Board of War draw a warrant on the paymaster general for five hundred three hundred and seventy-five dollars in bills of the new emissions, in favour of Brigadier General Hand, on account of his pay, to enable him to proceed to camp and undertake the duties of his appointment as adjutant general, the resolution of the 4th of January notwithstanding. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 161.

The committee to whom was referred the papers respecting the convention at Hartford, delivered in a report.

The Committee to whom was referred the papers respecting the Convention at Hartford, Report,

That for the dispatch of business a committee of three members of Congress, of whom the president shall always be one, be appointed 0168 156 to receive all public dispatches addressed to Congress, and that they be authorized to refer them to such of the departments as are proper to consider them, either to report Congress or take on them to consider them, as the case may require. Except such of them as in their opinion demand the immediate and more particular attention of Congress, which shall accordingly be laid before Congress, at their first meeting after receipt of the same.

Whereas all persons who hold or have held offices of trust or emolument under Congress are amenable to them, or to such Judicatures as they shall appoint, for all offences and delinquencies committed by them whilst in office; Therefore

Resolved , That three persons be appointed to constitute a Court of Judicature for the tryal and determination of all causes relative to offences committed against the United States in the civil departments thereof;

That an Attorney General for the United States be appointed by Congress, whose duty shall be to prosecute all suits in behalf of the United States. To give his advice on all such matters as shall be referred to him by Congress. And when any case shall arise in any of these states, where his personal attendance is rendered impracticable, he shall be authorized to appoint a Deputy or Deputies to prosecute the said suit.

That the sallary of the Attorney General be dollars per annum, in lieu of all Counsel's fees, for his services as aforesaid, but that he be entitled to all other customary Court fees. 1

1 This report, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 33, folio 419.

On motion of Mr. [James Mitchell] Varnum, seconded by Mr. [Alexander] McDougall,

Resolved , That no member speak twice upon any question in debate, until every member who chooses, shall have spoken once upon the same.

Congress was resolved into a Committee of the Whole; and, after some time, the President resumed the chair, and Mr. [John] Mathews reported, that the Committee have considered farther the reports on finance, but not having come to a conclusion, desire leave to sit again:

0169 157

Ordered , That to Morrow Congress be resolved into a Committee of the Whole, to consider farther the reports on finance.

On motion of the Committee of Commerce,

Resolved , That the Committee of Commerce be, and hereby are authorised to employ a suitable person to arrange the accounts of the said committee.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 17, 1781

A report from the Board of Treasury was read; Whereupon,

Treasury Office Feb y . 17 th . 1781

The Board of Treasury beg leave to report,

That upon the application of Philip Audibert Assistant to the Pay Master General approved by the Board of War by their order on John Pierce Pay Master General in favor of Brigadier General Hand for three hundred and seventy five dollars in the new emission (as appears by their order presented by General Hand at the Board) a warrant issue on Thomas Smith Esq. Commissioner of the Continental Loan Office for the State of Pennsylvania in favor of John Pierce Pay Master General for three hundred and seventy five dollars in the bills of credit emitted pursuant to the Act of Congress of the 18th of March last, to enable him to pay the order of the Board of War as aforesaid and for which sum the said Pay Master General is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 117.

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of John Pierce, paymaster general, for three hundred and seventy-five dollars of new emissions, to enable him to pay the order of the Board of War in favour of Brigadier General Hand, the paymaster general to be accountable.

0170 158

A letter, of 14, from Will. Parker,.was read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 349.

Referred to the Board of Treasury.

A memorial, of Daniel Broadhead, Jun r ., was read: 2

2 This memorial is in the Papers of the Continental Congress , No. 41, I, folio 337.

Ordered , That it be referred to the Board of Treasury to take order.

On motion of Mr. [Thomas] Bee;

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Major Giles, for five thousand one hundred dollars, to defray his expences on the road from the southern army with the late dispatches.

A report from the Board of War was read; Whereupon,

War Office Feb y . 17 th 1781

Present

M r Peters Gen l Cornell

The Board beg leave to represent that by an act of Congress, military commissions are to be countersigned by the Secretary of the Board of War, which Office is vacant by the resignation of Mr. Stoddert. That the public business may not be delayed, the Board wish that M r Carleton Secretary of the Board of Ordnance, and Pay Master of the Board of War and Ordnance may be appointed to do the duty, as he is acquainted with the business and will be able to give the Board more assistance than any other person.

They therefore beg leave to report,

Resolved , That Joseph Carleton be, and he is hereby appointed secretary of the Board of War, in the room of B. Stoddert resigned, until the further order of Congress. 3

3 This report is in the Papers of the Continental Congress , No. 147, VI, folio 169.

A memorial of the owners of a frigate building at Kensington was read:

Ordered , That it be referred to the Board of Admiralty.

A motion was made by Mr. [Henry] Wynkoop, seconded by Mr. [Samuel John] Atlee:

0171 159

Ordered , That it be referred to the Committee of the Whole.

Ordered , That the committee appointed to estimate the amount of the debts due from the United States be and hereby are instructed to devise and report ways and means for defraying the expences of the current year.

A report from the Board of War was read; Whereupon,

At a Board of War , Feby. 14, 1781 .

Mr. Peters

Genl. Cornell.

The Board having reconsidered the memorial of Mr. Christopher Ludwick, beg leave to report,

Resolved , That the principal superintendant of bakers, in the army of the United States, receive, in bills of the new emissions, 50 dollars per month, and two rations a day, and forage for one horse:

That the superintendant of bakers make regular monthly returns to the commissary general of issues; and that he receive monies, from time to time, by warrants from the Commander in Chief, out of the military chest, for payment of wages, and carrying on the business of his department:

That Mr. Christopher Ludwick, who has acted with great industry and integrity in the character of principal superintendant of bakers, be, and is hereby continued in that employment; and that he be empowered to hire or inlist any number of bakers, not exceeding thirty, on such terms as the Board of War shall think proper:

That Mr. Christopher Ludwick receive, as a compensation for all past services, one thousand dollars, in bills of the new emissions. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 165.

Adjourned to 10 o'Clock on Monday.

0172 160
MONDAY, FEBRUARY 19, 1781

A letter, from Lieutenant Colonel U. Forrest, was read:

Ordered , That it be referred to a committee of three.

The members, Mr. [Daniel] Carroll, Mr. [John] Sullivan, Mr. [John] Mathews.

A letter, of 3, from J. Cochran, was read, signifying his acceptance of the office of director general of the hospital. 1

1 This letter is in the Papers of the Continental Congress , No. 78, VI, folio 11.

A letter, from Major General A. St. Clair; 2 and

2 This letter, dated February 19, 1781, is in the Papers of the Continental Congress , No. 161, folio 521.

A letter, from Colonel S. Elbert, were read:

Ordered , That they be referred to the Board of War.

A petition from Thomas Chase was read:

Ordered , That it be referred to the Board of Treasury.

A memorial of John Bartlet was read: 3

3 Chase's Petition, dated January 31, 1781, is in the Papers of the Continental Congress , No. 42, II, folio 94; Bartlett's memorial is in No. 19, I, folio 241.

Ordered , That it be referred to the Medical Committee.

A letter, of 13, from General Washington, was read, with sundry papers enclosed: 4

4 This letter is in the Papers of the Continental Congress , No. 152, IX, folio 549.

Ordered , That so much thereof as relates to the treatment of prisoners be referred to the Board of Admiralty.

A letter, of 15, from the president of Delaware, was read. 5

5 This letter is in the Papers of the Continental Congress , No. 70, folio 765.

The committee appointed to confer with Colonel B. Harrison; and

The committee appointed to estimate the debts of the United States; delivered in their respective reports:

The Committee appointed to Estimate the amount of the debts due from the United States and who were instructed to devise ways and means for defraying the Expences of the current year, beg leave to submit the following Report and Estimates.

0173 161

That upon examining the Papers presented to Congress by the late Committee for Estimates and Ways and Weans they conceived it necessary, in order to discharge the business referred to them with any degree of satisfaction, to obtain information which did not fall within the view of that Committee.

That your Committee accordingly applied for returns from several of the public officers: particularly from the Commissary General and Assistant Quarter Master General; directing that each of their estimates of debts due from their Departments should distinguish the amounts of Certificates issued for supplies for the Army.

That it will appear from the answer of the agent for Estimate N o . 24. the Commissary General herewith presented, his principal being at the Head Quarters of the Commander in Chief, that the prospect of an estimate from that Department is remote.

That M r Pettit assistant Quarter Master General furnished Estimate N o . 10. your Committee on Saturday last with an Estimate of the debts due from his Department which with his Letter and the other Estimates hereafter noted, numbered from N o . 1 to N o . 25; are submitted and referred to, as explanatory of this Report.

That the unsettled condition of the publick accounts admits only of an imperfect Estimate of the debts due from the United States. No precision can be expected till there shall be a liquidation of the accounts between the United States and each particular State. Your Ministers at Foreign Courts; Commercial Committee and Agents; the Admiralty and Navy boards; the War office and Commissary of Military Stores; Commissaries and Quarter Masters; and Individuals who have claims against the publick.

Your Committee therefore, are only able, from the information they possess, and the materials which they have collected, to lay before Congress a general view of the publick debt, and in some instances founded on mere probability.

The Debts due on Loan Office Certificates as Estimate N o . 10. far as returns are made to the Board of Treasury to the 16 th . 0174 162 Instant, amount to sixty millions five hundred and fifty-eight thousand four hundred and forty four Dollars; equal according to the Table of Depreciation and computed on the 15 th . day of every month, to eleven million three hundred and ninety one thousand five hundred and forty-four specie dollars.

Estimate N o . 10. Of this sum Interest is drawn by Bills of Exchange on France for seven millions three hundred and thirty-one thousand three hundred and six dollars; that Interest 439878 36/100 1 annually amounting to four hundred and thirty-eight thousand seven hundred and ninety three dollars and three seventyeths. 1

1 The figures in the margin were written by Thomson, in correction, apparently, of the amounts given in the report.

The Interest of the remaining four millions seventy eight thousand two hundred and seventy eight dollars is unfunded and unprovided for, and that Interest amounts 244696 69/100 annually to two hundred and forty four thousand six hundred and eighty three dollars.

The Debt contracted in Europe can only and but very imperfectly be estimated from the Bills of Exchange drawn on our Ministers, at foreign Courts.

ESTIMATE OF DEBTS CONTRACTED IN EUROPE

Bills of Exchange on France for payment of Interest borrowed previous to 1 st . March 1778 amount in Specie dollars to 933,165

For other purposes to 1,103,648

2,066,813

Estimate N o . 10. Bills on Spain 518,502

Bills on Holland 543,428

Total amount in Specie dol s . 3,128,743

Your Committee have it not in their power to state with any certainty the advances which have been made to your Ministers at the Court of France. They are indebted to the Honorable Mr. Lovell who is possessed 0175 163 of the foreign papers for extracts from Dr. Franklin's Letters from which they collect the following:

Estimate of aids in money acknowledged by our Minister to be received from the Court of France.

An Aid of 2,000, 000 1777. 1777. April to Septem r .

a further aid of 3,000,000 Decemb r .

an additional aid of 3,000,000 1780 March.

Besides these Sums D r . Franklin mentions in a letter of the 26 th of May 1779 that his most Christian Majesty had under his hand engaged his responsibility for 3,000,000 Livres to be borrowed in Holland, of which this Minister had then received 80,000 Florins equal to

But supposing the whole to have been since received 3,000,000

Total will amount to Livres 11,000,000

Equal at 5 Livres to a Dollar, to Specie Dollars 2,200,000

and it would only exceed the amount of the bills drawn on France by one hundred and thirty three thousand one hundred and eighty seven specie dollars. It is known however from Mess rs . De Nieuville and Sons correspondence,—That D r . Franklin eventually paid the first bills drawn by Congress on M r . Laurens which those gentlemen took up for the honor of the United States. It is also known that he has purchased clothing and arms and supplied the other Commissioners and Ministers with money independant of his own support. He must therefore have received further aids than are to be discovered from extracts of the Letters to which we have referred.

From the Report of the Committee on Dr. Lee's account, it appears that he received from the Court of Spain thro' See the report. M r . James Cardoqui 75.000 Livres, equal to 15000 Specie Dollars; but on what condition is not stated either by D r . Lee's memorandum or that Committees Report.

There is no account of the supplies of Arms, Ammunition and Cloathing procured in Europe on the credit of the United States.

0176 164

There may be materials for such an estimate among the commercial papers but they are represented to be in such disorder that your Committee thought it needless to make the attempt.

Act of Congress 18 th March 1780. The next article of publick debt arises from the Emissions of paper money. We can at present only State it upon the principles held out by the act of the 18 th of March, and supposing that it will take effect.

By the operation of this system the old emissions of bills of credit amounting to two hundred Millions of Dollars will be reduced to Ten Millions of Dollars equal to Specie bearing an Interest of six five per cent, the principle and interest to be sunk by Taxes within Six years one sixth part of the whole annually.

See M r . Pierce's letter and estimate. The pay and subsistance in arrear to the Army up to the last day of December 1780 according to the Pay-Master's Return is estimated at one Million of specie dollars.

The Loan officers have not made Returns of their several Interest accounts ; but there is little doubt that a year's interest is due to the holders of those Certificates, deducting four hundred and thirty eight thousand seven hundred and ninety eight dollars Interest payable in France, there will remain unfunded, and to be paid by the United States, two hundred and forty four thousand six hundred and eighty three dollars.

The Quarter Master and Commissary's Departments open a large field for claims against the United States, as well as for embarrasments in collecting the taxes. The Committee have already noticed the estimate of M r . Pettit Assistant Quarter Master General. His materials as appears from his explanation and letter are far from being perfect.

Estimate No. 22 He sums up the debts due from that department. as follows:

Ascertained for which certificates are given 20,758,850

Debts by estimates not returned, as certified 27,149,270

Total debts supposed 47,908,720

to be due in money of the old emissions.

0177 165

It has already been observed that there is no Estimate from the Commissary General; but experience has shewn that latterly his and the Quarter Master's departments have expended annually nearly an equal sum. For the satisfaction of Congress on this point, your Committee refer to an account from the Treasury which shews Account N o . 23. that from April 1778 to October 1779 the difference in the expenditures of these Departments was inconsiderable.

Dollars of old emissions.

We therefore venture on the credit of Mr. Pettit's Estimate to state the debts of these departments at 47,908,720 dollars of the old emissions, each, and they will amount to 95,817,440

From this sum is to be deducted the balance due from the states on their monthly tax of 15,000,000 dollars to February 1780 inclusive, these taxes being generally received in Quarter Masters and Commissaries' Certificates. North Carolina, South Carolina and Georgia are not comprehended, Estimate N o . 11 A. N o . 11 B. because the debts due to them in those departments are not included in M r . Pettit's Estimate.

Deduct therefore 31,851,284

Remains due in the Commissary and Quarter Master's Depart s . 63,966,156

If this balance is to be computed at 75 for one it will be addition to the public debt in Specie dollars of, equal in Specie Doll s ., 852,822. 852,882.

Upon these principles and materials the debt from the United States is thus estimated in Specie value.

Dollars.

General Estimate of the Debts due from the United States.

On Loan office certificates 11,391,564 11,391,544.

On bills of exchange drawn on your several ministers in Europe 3,128,743

0178 166

On bills of credit to be issued on the security Dollars. of the United States agreeably to the Resolution of the 18 th of March 1780 which cancels the debt of 200,000,000 emitted in Continental Dollars 10,000,000

For pay and subsistence in arrear to the Army on the last of Decemebr 1780 1,000,000

For one years Interest on the Loan office 244,696 Certificates to be paid in the United States 244,683

From the Commissary General's and Quartermaster General's department inclusive 852,882 of the Certificates to be received for Taxes required before the 1 st . March 1780 852,822

Total 26,617,812

exclusive of the articles which for the reasons before mentioned cannot be at present estimated.

Your Committee beg leave to observe that of the articles which compose the public debt immediate provision ought in their opinion to be made for the following, viz t .—

The pay and arrears due to the Army 1,000,000

The years Interest due on the Loan Office Certificates payable in the United States 244,685

The Debt remaining due beyond the taxes to the 1 st . March 1780 in the Commissary and Quarter Master's Departments 852,822

Total 2,097,507

Congress have called upon the States for an aid to discharge as part of the arrears of pay and subsistence to the Army of 879,342

If that Requisition is conceived effectual, there remains to be provided for 1,218,165

Besides this, funds are to be provided to pay the Interest incurred on the Loans already effected; and which will become necessary to support the War.

0179 167

Your Committee take it for granted that the Interest of the ten millions of dollars in bills of Credit circulated upon the plan of the 18 th of March is to be considered as funded by the respective states according to their Quotas.

Whether Doctor Franklin has obtained an aid from the Court of France to enable him to pay such part of the Interest of Loan Office Certificates as is drawn for upon him during the war or for any particular period; or whether he depends on the success of his solicitations as it becomes due, has not, as we find, been explained.

Under these circumstances it would be for the credit and honor of the United States if a permanent and productive fund could be provided and appropriated for the payment of the Interest of all the Loan office debt: as well as the Interest accruing from the Bills of Exchange drawn upon our Ministers in Europe.

That a fund must be assigned as a security for the Interest of the money hereafter to be borrowed to support the war and is not to be doubted: what sum will be necessary cannot be pointed out on any precise estimate: because your Committee are not possessed of any means by which the wealth or resources of the respective states, and their ability to contribute to the public expenditures by annual taxes, can be ascertained. But if we may judge from the difficulties and disappointments hitherto experienced in raising the supplies a further Loan of ten millions of Specie Dollars in addition to the five millions lately requested from the Court of France for the service of the ensuing campaign, will be necessary to reestablish public credit; and to prosecute the war with success.

In this view the funds to be provided and appropriated to discharge an Interest of six per cent, on the several loans before mentioned, ought to produce as follows:

1 st . Estimate of Interest to be funded—

For the Interest of the Loan Office Certificates amounting to 11,391,564 Dollars 683, 493. 86/100

For the Interest of Bills of Exchange drawn on our Ministers in Europe amounting to 3,128,743 Dollars 187,724. 58/100

0180 168

For the Interest of 5,000,000 Specie Dollars lately requested from the Court of France for the service of the next campaign 300,000

For the Interest of a further sum of 10,000,000 of dollars now proposed to be borrowed 600,000

Total 1,771,218. 58/100

If the duty of 5 per cent on importations required from the states by the late act of Congress should be appropriated as an Interest fund, which will render it most advantageous—it is supposed that it may produce during the war 533, 333 ⅓

Remains an unfunded Interest of 1,237,885 23/100

The produce of the above duty is thus Estimated:

Imports into the United States before the war were usually estimated at 4,000,000 Dollars.

Supposed to be reduced to 1,200,000

Advance value on importation 1,500,000

2,700,000 Ster lg .

Duty at 5 p. Cent, 135,000 Sterl g :

In Penn a . Curr cy . 200,000, equal as above to 533,333⅓ Specie Dollars.

But if it should appear to Congress as indeed it does to their Committee, that the states under our present embarrassed circumstances, will not be able to assign efficient and permanent funds for so large a sum as 1,200,000 Specie Dollars annually in addition to the impost upon Trade,

Then your Committee submit the following proposition—

To leave the Interest accruing on that part of the Loan office debt for which the creditors are entitled to bills of Exchange, for the present unfunded , trusting that the Court of France will continue to make provision for it as heretofore on the general credit of the United States.

On the same ground to leave unfunded for the present the Interest on all the Loans borrowed and negotiating at 0181 169 the Court of France and in Spain; but to make provision for the Interest of the Bills drawn on Holland, for this at least appears to be necessary.

In this view the following estimate is submitted:

2 nd Estimate of Interest to be funded:

Annual Interest of such part of the Loan office debt, as is payable in the United States 244,683

The like of the Bills drawn on your Minister in Holland 32,605 68/100

The like of 10,000,000 of Dollars proposed to be borrowed in addition to the aid of 5,000,000 requested from the Court of France for the service of the next campaign 600,000

Total 877,288 68/100

Deduct the Supposed produce of the Duty on Imports 533,333⅓

Remains unfunded 343,955

As new arrangements are taking place in the four great executive Civil Departments it Seems not to be essential to state the expence of the Civil List. Your Committee Estimate N o . 26. however Submit an estimate for the year 1780 marked N o . 26, amounting to sixty nine thousand nine hundred Specie dollars.

Your Committee having thus stated the public debt of the United States and the funds necessary to secure the Interest of the Loans proceed upon the materials and information of which they are possessed to estimate the probable expenditures and the ways and means for the current year from the first day of January.

Estimate No. 9. Estimate of the Expences of the War for the year 1781:

Provisions and Forage reduced on an estimate Specie Dollars. Estimate N o . 9. approved of by Congress to 6,000,000

Quarter Master's Department computed on the experience that the expence of this branch and the Commissary's have uniformly been nearly equal 5,000,000 Estimate N o . 23.

0182 170

Pay and subsistence of the Army voted by Estimates N o . 1: to N o . 8. Inclusive. Congress, on accurate estimates 5,114,897

Levy money for recruiting up to the new arrangement; supposed 20,000 men at 100 Specie dollars, each 2,000,000

Extras may be moderately stated at 1,885,103

Total 20,000,000

It ought to be observed that the price of provisions is regulated by the act of Congress in February far beyond what they might be purchased for specie. This mode of calculation also capitally affects the article stated for the expence of the Quarter Master's Department.

In this estimate arms, ammunition, ordnance, military stores and cloathing are not included; as we depend on importing the chief of these articles from France: And your Committee have no materials to justify even a conjecture of the expence of the military preparations which may be made under the direction of the Board of War or at the several Laboratories &c: Nor for the reason last assigned are they able to state the expence of the Marine Department's maintenance of prisoners &c: &c:

They proceed therefore to exhibit the Ways and Mean for the year 1781.

The specific supplies of provisions required from the Estimate No.9. Act of Congress of Nov. 1780. States, amounts, on the very large prices allowed by the act of Congress of the [25 th ] Feby , 1780 to 4,357,012.

A specie tax intended for forage is also required from the States of 1,642,988

Total required by the States by the act of 4 th Nov. Specie Dolls. 6,000,000

The States are also to furnish the countys money for recruiting the Army estimated at 2,000,000

The plan of the 18 th of March is to produce to the publick Treasury 4,000,000

The Loan from France requested by the Act of the 5,000,000

Total 17,000,000

0183 171

If all these Means should be productive to their full extent there will be a deficiency of 3,000,000

on the expence of the land forces exclusive of all other contingencies.

But it is to be observed that of the four millions which are to arise from the plan Estimate N o . 25. of the 18 th of March there is already anticipated by warrant drawn by Congress on several of the Loan offices 355,473

South Carolina being in the hands of the enemy it is obvious that her (Quota must be altogether deficient. Her Quota of Estimate N o .32. the old Emission is 15,600,000 Dollars: of the new, 780,000 of which her 6/10 ths is 468,000, and the 4/10 ths of Congress is 312,000

If North Carolina should fail—and there is too much reason to expect it from the change of our Southern affairs and the operations of the war in that quarter—her (Quota of the old Emission is 13,000,000; of the new, 650,000, of which her 6/10 ths is 390,000, and the 4/10 th subject to the orders of Congress amounts to 260,000

If New York should also fail, as is to be apprehended from her late Misfortunes and the Representations of that Government her (Quota of the old money is 9,750,000; of the new 487,500 Her 6/10 ths , 292,500; the 4/10 ths subject to the approbation of Congress 195,000

If the requisition of the 15 th . of January 1781, for an immediate supply to pay the arrears due to the army and required in Specie or bills of the new emissions was not an additional tax but a part of the supply called for by the act of the 4 th of November there will be a further deficiency of 879,342

0184 172

Total Deficiency on this calculation of the 4,000,000 intended for the Service of the Current year 2,001,815

and hence it appears that no more can be depended upon from that system than 1,998,185.

If then we add the deficiency above stated of 3,000,000

on the Ways and Means.

5,001,815

Hence it is manifest that further ways and means are to be devised for the Service of the Current year.

Your Committee for the information of Congress lay before them,

Estimate No. 32. An estimate containing an account of the monies which the States have been called upon to levy and pay into the public Treasury for the Support of the War from the 22d. November 1777; and your Committee are of opinion that the Board of Treasury ought to be directed to procure official returns from the States specifying how far the said several requisitions have been complied with that Congress may be enabled to form a judgment what additional aids may be required from them with a prospect of their being produced.

Your Committee beg leave to subjoin—

No. 27. 28. and 31 A general estimate of the expenditures of the United States for the years 1776, 1777, 1778 and 1779.

And a State of the Armies of the United States including the Militia from New Hampshire to North Carolina, employed in those years; taken from the returns at the season of each year when the armies and militia consisted of the greatest numbers.

An account of the 4/10 th . of the new emissions lodged in the different loan offices, and lastly—

An estimate shewing the effect of exchanging the money of the old for the new which is to be emitted on the act of the 18 th of March at 75 instead of 40 for one as lately directed by a law of the State of Pennsylvania.

Ja s . Duane , Ch n . 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 34, folio 19. The papers accompanying it follow in the same volume.

0185 173

Ordered , That the report of the latter be referred to the Committee of the Whole.

A report from the Board of Treasury was read; Whereupon,

Treasury Office Feb y . 15 th 1781

The Board of Treasury have considered the letter of E. Cornell Esq. read in Congress and referred to them the 12 instant. Whereupon the Board beg leave to report,

That warrants are already drawn upon Mr Smith Commissioner of the Continental Loan Office for the State of Pensylvania to a greater amount, both in the old and new emissions than he has money to discharge.

The Board further report,

That on the application of James Wilkinson Esq. Clothier Gen l of the 8 th . inst approved by the Board of War, a warrant issue in his favor on Thomas Smith Esq Comm r . of the Continental Loan Office for the State of Pennsylvania for four thousand dollars of the new emissions, to enable him to discharge in part the arrearages due the Officers in the Clothing Department: and for which sum the aforesaid James Wilkinson Clothier General is to be accountable.

The Board further report,

Reconsidered. That they have considered the memorial of John-Ross, read in Congress the 14 th instantand referered to them whereupon they beg leave to observed, that they do not know any way of making payment to Mr. Ress, except by bills of exchange on Europe, the propriety of which is again submitted to Congress. 1

1 This report is in the Papers of Continental Congress , No. 136, V, folio 111.

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favor of Ezekiel Cornell, for five hundred and fifty-seven dollars, and twenty-seven ninetieths of a dollar, in bills emitted pursuant to the act of 18 March, in lieu of the warrant drawn in his favor for the like sum on the treasurer, 27 December, which is to be cancelled.

On motion of the delegates of Virginia;

Ordered , That the quartermaster general be and hereby is directed to transport to Fort Pitt four tons of powder, to be delivered to the order of the State of Virginia, and for which 0186 174 the said State is to be accountable; that the expence of such transportation be charged to the said State, and that a warrant be issued by the Board of Treasury, in favour of the said quartermaster general, on the treasury of Virginia, for twelve hundred dollars, in bills emitted pursuant to the resolution of 18 March last, for which the said State is to be credited. 1

1 This order was also entered in the manuscript Secret (Domestic) Journal.

Sundry letters from the hon ble . B. Franklin were read, under the following dates: March 4, May 31, June 1, August 9, December 2 and 3 d ., with sundry papers enclosed: 2

2 The letter of March 4, 1780, is printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, 534; that of May 31, page 742; June 1, page 751; August 9, IV, 21; December 2, page 177; December 3, page 179.

Ordered , That so much thereof as relates to the difference between Captain J.P. Jones and Captain Landais, and also to the detention of the cloathing, be referred to the Board of Admiralty.

That the letters of December 2 and 3 d be referred to a committee of three.

The members, Mr. [Joseph] Jones, Mr. [Samuel] Adams, Mr. [Thomas] Burke. 3

3 In Joseph Jones's writing, undated, are some notes for the report of this committee as follows, the fragment being in the Papers of the Continental Congress , No. 31, folio 325:

The Committee to whom were referred the letters of the Honorable Benj n . Franklin of the 2 d and 3 d of December last—

Report—

That the Committee concurring in opinion that D r . Franklin's contract with the Minister of the Finances in France, on the part of these United States for furnishing to the King's Land and Naval forces in America provisions to the amount of 400,000 dollars value, at 5 livres tournois per dollar, to be furnished at the current prices for which they might be bought in silver specie ought fully and speedily to be complied with, thought it necessary to consult inform the Hon ble M r . Holker Consul General of France of the Contract and to consult him with respect to the kind of provisions wanting for the King's forces in America, the time when and place where they would be most convenient, to which application of your Committee M r . Holker returned the following answer.

A number of letters from the hon ble J. Adams were rec d ., under the following dates: March 3, April 6, 7, 8, 10, 11, 14, 0187 175 15, 17, 18, 19, 23, 24, 25, 26, 28, 29, May 2, 3, June 1, July 6, 7, 14, 15, 19, 22 and 23. 1

1 These letters are printed in the Diplomatic Correspondence of the American Revolution (Wharton) as follows: March 3: Vol. III, page 528; April 7, III, 599; April 8, III, 602; April 10, III, 604 and 606; April 11, III, 610; April 14, II, 612; April 15, III, 615; April 17, III, 618; April 18, III, 620; April 24, III, 626; April 25, III, 629; April 26, III, 632; April 28, III, 635; April 29, III, 640; May 2, III, 644; May 3, III, 648; June 1, III, 747; July 6, III, 834; July 7, III, 837; July 14, III, 857; July 15, III, 859; July 19, III, 869; July 22, III, 873; July 23, III, 877.

A letter, of 9, from the governor of Virginia, was read.

A motion was made by Mr. [Thomas] Bee, seconded by Mr. [James Mitchell] Varnum,

That Captain John P. Jones, lately arrived from France, be directed to attend Congress on Monday next, to lay before them every information in his power, relative to the detention of the cloathing and arms belonging to these United States, in France: and that the doors of Congress be open during such examination:

After debate, a motion was made by Mr. [Samuel] Adams, seconded by Mr. [William] Sharpe,

That the farther consideration thereof be postponed, on which, the yeas and nays being required by Mr. [Thomas] Bee:

New Hampshire, Mr. Sullivan, ay ay Massachusetts, Mr. Adams, ay Lovell, ay ay Ward, ay Rhode Island, Mr. Varnum, no no Connecticut, Mr. Huntington, ay Root, ay ay Wolcott, ay New York, Mr. Duane, no Floyd, ay ay McDougall, ay New Jersey, Mr. Burnett; ay X Pensylvania, Mr. Montgomery, no Atlee, no no Clymer, no Smith, no Delaware, Mr. McKean, no no Maryland, Mr. Carroll, no x Virginia, Mr. Jones, ay ay Madison, ay 0188 176 North Carolina, Mr. Burke, ay Sharpe, ay ay Johnston, ay South Carolina, Mr. Mathews, no Bee, no no Motte, no Georgia, Mr. Walton, no Few, ay no Howly, no

So it passed in the affirmative.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 20, 1781

Mr. M[eriwether] Smith, a delegate for Virginia, attended and took his seat in Congress.

A letter, of 2, from the governor of North Carolina, 1 and

1 This letter is in the Papers of the Continental Congress , No. 72, folio 119.

A letter, of 12, from the governor of Virginia, were read. 2

2 This letter is in the Papers of the Continental Congress , No. 71, II, folio 31. A letter, of 8, from the governor of Virginia was also read, as the indorsement shows; it is on folio 27.

Congress took into consideration the report of the committee to confer with Colonel Harrison, whereupon,

The Committee appointed to confer with Col. Harrison, beg leave to report that it appears to them absolutely necessary for the protection of the Southern States that ten thousand regular troops be employed in the Southern Department.

That to complete this number all the troops from Pensylvania to Georgia inclusive should compose the Southern army.

That for their subsistance all the provisions required from the States Southward of Pensylvania by the Act of Congress of the 4 th of November last will be necessary.

That for supply of that army, the following articles, exclusive those already provided are requisite, viz.

10000 suits of clothes complete.

860 tents.

5000 musquets with bayonets and cartridge boxes.

8000 knapsacks.

0189 177

6000 haversacks.

8000 canteens.

700 camp kettles.

8000 blankets.

10 tons of musquet powder.

5 tons of cannon do.

20 tons of lead.

That 400 waggens ought to be procured and employed in the Southern Department for transporting provisions to the Southern army.

That the Board of War should be directed to furnish the necessary ammunition and equipments for the cavalry and artillery not comprised in the above estimate.

That your Committee therefore submit the following resolutions, viz.

Resolved , That the southern army be composed of all the regular troops, from Pensylvania to Georgia, inclusive, except Moylan's dragoons, and those on command on the western frontiers; and that the Commander in Chief be, and hereby is directed to order the troops of the Pensylvania line, except as above, to join the army in Virginia, by detachments, as they may be in readiness to march:

That the deputy quartermaster in Pensylvania be, and he is hereby directed to put the waggens belonging to the Pensylvania line, in order for service immediately:

That the several states southward of Pensylvania be, and hereby are required to furnish their respective quotas of supplies to the southern army, timely and regularly:

That the states aforesaid, and the State of Pensylvania be, and hereby are required to complete their respective quotas of troops, and forward them to join the southern army without loss of time.

Resolved , That four hundred waggens be procured and furnished for the southern army.

Resolved , That the Board of War be, and hereby are directed to furnish the southern army with ten thousand 0190 178 suits of cloathes, complete: eight hundred and sixty tents, five thousand musquets, with bayonets and cartouch boxes; eight thousand knapsacks, six thousand haversacks, eight thousand canteens, seven hundred camp kettles, eight thousand blankets, ten tons of musquet powder, five tons of cannon powder, and twenty tons of lead.

That the Board of War furnish the artillery and cavalry with the necessary ammunition and equipments not comprised in the foregoing resolutions: and that they employ a sufficient number of artificers to repair the arms in the magazines of Virginia and other places.

Resolved , That for purchasing the foregoing articles the Board of War be, and hereby are authorised and directed to contract for payment in specie, or other money equivalent, payable in six months with interest; [and that bills of exchange, on the minister of these United States at the Court of Versailles, be prepared immediately, and deposited with the Board of War, to be by them delivered to the persons so contracting, to the amount of such contract, at the expiration of the said term, unless they shall have monies at that time to fulfil the said contracts.]

Resolved , That it be, and hereby is recommended to the executives of the states of Delaware, Maryland, Virginia and North Carolina, to agree upon and settle an arrangement for supplying the southern army with provisions from the states most contiguous, and for replacing the same with provisions from those that are more remote; and to establish such mode of transportation as will be most convenient and least expensive to the whole.

Postponed Resolved , that the Convention-Troops-now-cantoned-in Virginia be removed to 1

1 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress , No. 21, folio 255. The part in brackets was added in Congress.

0191 179

Ordered , That a committee of three be appointed to draught a letter to the Commander in Chief, informing him of the arrival of the enemy's reinforcement in North Caroline, and requesting him to confer with the naval and land commanders of his Most Christian Majesty's forces at Rhode Island, and if it shall appear that the loss sustained by the British navy in the late storm has rendered the French naval force superior, that he urge the necessity of sending the French forces to the southward. 1

1 This order was also entered in the manuscript Secret (Domestic) Journal.

The members, Mr. [Alexander] McDougall, Mr. [James] Madison, [Mr. Thomas] Burke.

A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of William Ramsay, one of the clerks in the Chambers of Accounts, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for six thousand dollars of the old emissions, on account of his salary, and for which he is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 36, V, folio 103.

Congress took into consideration the report of the committee on a memorial of E. Forman; Whereupon,

The Committee to whom was referred the letter of Ezekiel Forman, of Dec. 18 1780, report—

That they have had the same under consideration, and that it appears to them that M r . Forman did in the month of September 1779 lend to M r . Wederstrandt assistant Commissary of Purchases for the State of Maryland a certain quantity of flour, upon a special promise that a like quantity should be returned him within a few months from that time.

That the said promise not having been complied with on the part of M r . Wederstrandt, it became necessary to consider the loan as a purchase, and accordingly M r . Forman sometime in October last received a partial payment at the Treasury,—

0192 180

That upon an equitable settlement a balance of eleven hundred and thirty four specie dollars remains due to M r . Forman from the United States on account of the said flour; they therefore propose the following order to the Treasury Board.

Ordered , That the Board of Treasury pass to the credit of Ezekiel Forman eleven hundred and thirty-four specie dollars, balance due to him on account of a quantity of flour, delivered to Mr. Wederstrandt, assistant commissary of purchases in the State of Maryland for the use of the United States, the said sum to bear an interest of six per cent. until paid. 1

1 This report, in the writing of George Clymer, is in the Papers of the Continental Congress , No. 19, II, folio 303.

Congress proceeded to the election of a superintendent of Finance, and, the ballots being taken,

Robert Morris, Esquire, was unanimously elected, having been previously nominated by Mr. [William] Floyd.

The committee appointed to draught a letter to the Commander in Chief reported the same, which was agreed to.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 21, 1781

A letter, of 4th, and

One, of 7, from the hon ble . J. Laurens, was read. 2

2 The letter of the 4th is in the Papers of the Continental Congress , No. 165, folio 41; that of the 7th is on folio 49. They are printed in the Diplomatic Correspondence of the American Revolution , (Wharton), IV, that of the 4th on page 249, and that of the 7th on page 252.

A letter, of 31 January, from Major General Greene, was read, enclosing a letter, of 25 January, from Lieutenant Colonel H. Lee: 3

3 This letter is in the Papers of the Continental Congress , No. 155, I, folio 549.

Ordered , That the letter from Colonel Lee be referred to the Committee of Intelligence.

Letter, of 19, from Baron d' Arendt, was read: 4

4 This letter is in the Papers of the Continental Congress , No. 78, VII, folio 359.

0193 181

Ordered , That, it be referred to a committee of three.

The members, Mr. [Alexander] McDougall, Mr. T[homas] Smith, Mr. [George] Walton.

A report from the Board of War, on the memorial of Captain Bentalon, was read;

At a Board of War Feb y . 19 th . 1781 .

Present Mr Peters Gen. l Cornell

The Board having considered the reference with which they were honored, on the memorial of Captain Bentalon beg leave to report.

That he was appointed Captain in Count Pulaski's legion and at the attack of Charlestown was wounded and obtained an unlimited furlough from Genl Lincoln to go to Europe for his recovery, from which it appears that General Lincoln considered Captain Bentalon as an officer in the Army of the United States. So far as respects his demands for the loss of horses does not seem properly authenticated; as to the payment of his expences to and from Europe when on furlough, appears to the Board unprecedented and altogether inadmissible.

Should Congress be of the same opinion it may be proper to resolve,

That Captain Bentalon be considered as retiring under the resolution of the 3 rd . and 21 st . of October 1780, and entitled to the emoluments arising therefrom.

That the Board of War draw a Warrant in favor of Captain Bentalon on the Pay Master General for three months pay on account. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 193.

Ordered , That it be referred to the foregoing committee.

A report from the Board of War, on the memorial of Major General A. St. Clair, was read; Whereupon,

At a Board of War Feby 20 th 1781

Present Mr Peters Gen l . Ward Gen l Cornell

The Board having taken into consideration the memorial of Major General S t . Clair referred to them from Congress,

Beg leave to report,

That the General is under the necessity of visiting the several Cantonments of the Pensylvania line, but cannot proceed upon that duty until he is furnished with a supply of money, for his travelling expenses.

0194 182

The Board are sensible of the necessity of supplying him with money and at the same time foresee the dangerous precedent which will be established by making the advance, as every other officer of that line, will claim with equal justice the like advantages.

Should Congress however be of opinion, that the General's presence is absolutely necessary at the aforementioned Cantonments, in that case, it may be proper to resolve,

Ordered , That the Board of War draw a warrant on the paymaster general, in favour of Major General St. Clair, for three months' pay, equal to four hundred and eighty dollars of the new emissions, for which sum he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 185.

Another report from the Board of War, on the memorial of Captain O'Neil, was read; Whereupon,

At a Board of War Feb y 19 th . 1781

Present Mr Peters Gen l Cornell

The Board having taken into consideration the reference they have been honored with on Captain O'Neils memorial beg leave to report.

That it does not appear by any resolution of Congress that Captain O'Neil ever had any other Continental appointment than that of Captain in Count Pulaski's legion. That on the 29 th . of December 1779 Congress, by a resolve authorized General Lincoln to reduce the legion, which he undertook and compleated in December 1779 (to which time Captain O'Neil was paid) by ordering the Cavalry to join the late Col Bland's reg t . and the Infantry the 1 st . South Carolina reg t . Congress on the 23 rd day of Feby. 1780, Resolved that Col Armand should take the Command of the legion; neither of the resolutions make any provision for the Officers. But from many circumstances it appears that Captain O'Neil considered himself a supernumerary, among which his accepting the appointment of Colonel from Gov r . Nash of the State of North Carolina is not the least, and it appears by information the Board have received that ten days before the attack on Savannah Captain O'Neil left the legion, having no Command therein, and went to Augusta, never having acted since in the legion or any other Continental Corps.

0195 183

Should Congress be of that opinion it may be proper to Resolve

That Captain O'Neil be considered as retiring from service under the Resolution of Congress of the 24 th . day of Nov r . 1778 and be entitled to one years extra pay.

That the Treasury Board be directed to report a Warrant in favor of Captain O'Neil for ninety seven dollars and one third in bills of the new emmissions, in full of all demands on the United States.

The reason of the Boards fixing on the above sum is that it is the value according to the scale of depreciation, of the sum received by Officers of the like rank at the time of their retiring as Supernumeraries. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 181.

Resolved , That Captain O'Neil be considered as retiring from service under the resolution of Congress of the 24 day of November, 1778, and be entitled to one year's pay in bills emitted pursuant to the resolution of 18 March, 1780.

A report of the Board of War, on the memorial of Colonel Elbert, was read; Whereupon,

At a Board of War Feb y . 20 th 1781

Present M r . Peters Gen l . Cornell

The Board having considered the reference, with which they have been honored, on the memorial of Col Elbert,

Beg leave to observe, that the Colonel is now confined by a disagreeable disorder, and destitute of cash, and that he hath lent a considerable sum to the Continent, which he is willing should still remain, provided he can receive his pay.

In consideration of the foregoing facts, it may be proper for Congress to resolve,

Ordered , That the Board of War draw a warrant on the paymaster general, in favour of Colonel S. Elbert, for three months' pay and subsistance equal to three hundred dollars in the bills of the new emissions on account. 2

2 This report is in the Papers of the Continental Congress , No. 147, VI, folio 125.

A report from the Board of War, on the memorial of Preserved Clap, was read; Whereupon,

0196 184

At a Board of War February 20 th 1781

Present M r . Peters Gen l . Cornell

The Board having considered the reference with which they were honored on the memorial of Preserved Clap, beg leave to observe,

That it appears from his memorial and General Knox's letter that he hath been with the Army as a volunteer for eighteen months without pay or any emolument. That it farther appears by General Lincolns and Knox's letters that M r Clap was sole inventor of stocking the Cannon that were supposed to be rendered useless by the enemy at Boston, and in the vicinity, in the spring of 1776; from which the Continent at large received a real benefit; for which he received no emolument but barely day wages. From the foregoing state of facts it may be proper for Congress to resolve,

Resolved , That the supreme executive of the State of Massachusetts examine into the merit and services of Preserved Clap, and order payment on the account of the United States, for such sum as they think he may justly deserve; provided it shall not exceed one thousand dollars in bills of the new emissions:

That Preserved Clap be informed, that Congress cannot employ him in public service, consistent with their arrangements. 1

1 This report is in the Papers of the Continental Congress , No. 147, VI, folio 173.

A letter, of this day, from E. Forman, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, IX, folio 435.

Ordered , That it be referred to the Board of Treasury.

Congress was resolved into a Committee of the Whole, to consider farther the reports on finance and other papers referred to them, and after some time the President resumed the chair and Mr. [John] Mathews reported that the Committee have considered farther the papers referred to them, but not having come to a conclusion desire leave to sit again:

0197 185

Ordered , That to Morrow Congress be resolved into a Committee of the Whole, to consider farther the reports on Finance.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 22, 1781

Mr. [John] Hanson, a delegate for Maryland, attended and took his seat in Congress.

A letter, of May 30, 1780, from Mr. de Sartine, was read:

Ordered , That it be referred to a committee of three.

The members, Mr. [William] Sharpe, Mr. [Alexander] McDougall, Mr. [John] Sullivan.

A letter, of this day, from Colonel B. Harrison, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XII, folio 125.

Ordered , That it be referred to a committee of three.

The members, Mr. [Thomas] Burke, Mr. [James Mitchell] Varnum, Mr. [Joseph] Jones.

A letter, of this day, from the Board of War, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 147, VI, folio 177.

Ordered , That it be referred to a committee of three.

The members, Mr. [George] Clymer, Mr. [Samuel] Adams, Mr. [George] Walton.

A memorial from Mr. Fouquet was read: 3

3 This memorial is in the Papers of the Continental Congress , No. 41, III, folio 226.

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