A letter, from Baron d'Arendt, was read.'

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 16th 1781

Present Mr Peters Gen1 Ward Gen' 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 19th 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 an accident and so soon as he was fit to resume a command, he was ordered by Gen' 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 18th 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 3rd and 5th July 1779. that at the request of Mr 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 Mr 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 Mr 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.

1 This letter is in the Papers of the Continental Congress, No. 78, VII, folio 355.

That the Treasury Board be directed to report a Warrant for the pay and subsistence of the Baron Arendt as a Colonel in the service of the United States from the time of his last receipt of the same, to the first of January 1781.

Negatived

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 1st of January 1781.

Should Congress be of opinion that Mr 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

A letter, of this day, from E. Forman and J. Gibson, was read; Whereupon,

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.

3

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. The Committee to whom was referred the letter of Mr Robert Patten beg leave to submit the following Resolution:

1 This report is in the Papers of the Continental Congress, No. 147, VI, folio 83.

2 This letter is in the Papers of the Continental Congress, No. 62, folio 635.

3 This paragraph is entered by George Bond.

Resolved, That the Officers of the Continental Army described in the Act of the 1st 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 17th of May, and 24th of Nov 1778, and that they are respectively entitled to rank and promotion as if they had been with their Corps 1

Adjourned to 10 o'Clock to Morrow.

1

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 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" 14th 1781

Mr 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 7th inst from Ben Stoddert Sec' of the Board of War, praying leave to resign, being read,

Resolved, That his resignation be accepted.

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.

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.

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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

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

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.

1 This report is in the Papers of the Continental Congress, No. 147, VI, folio 157. 2 This report is in the Papers of the Continental Congress, No. 136, V, folio 103.

THURSDAY, FEBRUARY 15, 1781

The report of the committee on the letter, of January 15, from the governor of Virginia, being read;

The Come to whom was referred the letter of the 15th 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 lie 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 resolutionResolved, 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