John Jay Papers
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To John Jay from Nathanael Greene, 1 February 1779

From Nathanael Greene

Philadelphia, 1st: February 1779.

Sir,

In the different Movements of the Army it frequently happens that the Inhabitants of the Country unavoidably suffer damages of various kinds for which Justice seems to demand that they should receive a Compensation from the Publick. There are two ways in which these damages usually happen one of which is the taking; of such Articles on sudden Emergencies as the Army may stand in need of, which political Necessity will justify, and which reasonable Men will acquiesce in; the other is that kind of Trespass on private property which Armies in all Countries commit, partly from Necessity and partly from Accident and other Causes which even the best discipline does not wholly guard against. Such Articles as are taken for the use of the Army are usually paid for by the Quarter Master or Commissary; but the common Mode of ascertaining the Sums to be paid, by the Appraisement of Persons chosen in the Neighbourhood, is not unexceptionable, Experience having shewn that it admits of great diversity and Partiality in the Assessments; and though in many Instances the Parties recieve more than may be justly due, they are frequently dissatisfied. The incidental Damages which happen to Buildings, Gardens, Fields, &ca., whether necessary or not, are equally injurious to the Owner, and it may be no less Politick than just, to establish some Mode for ascertaining Damages of this kind, and fixing how far Satisfaction ought to be made to the Sufferers. Great Mischiefs of this kind have already happened in many parts of the Country and the People call loudly for Redress. They do not expect in all Cases a full Compensation for their Damages, but they wish to see a Systematick Plan formed for the Distribution of Justice in such Cases by some known Rule, that they may know what to rely on, and to whom they may apply for a common Measure of Redress. The want of such a Regulation leaves Business in a State of Confusion and Difficulty.— It creates discontent and ^an^ Unwillingness in the people to furnish Supplies for the Army. Some obtain pay at a higher rate than perhaps they are entitled to, while common Justice is withheld from others, the Resolutions of Congress on this Subject being not sufficiently explicit to direct the Conduct of the Quarter Masters in one steady Line.—

I would therefore beg leave to suggest to Congress the propriety of appointing certain Commissioners of proper Character and Abilities to hear and determine upon all Claims of this kind, subject to the Instructions of the Board of War, or such other Board as Congress shall be pleased to appoint; & to whom they shall report all their Proceedings; That the Commissioners be instructed to certify to the Quarter Master-General or to his Deputy such Assessments as are proper for him to pay, and in like manner to other Officers such as it may be proper for them to pay. There may be some Instances in which the Damages are so necessarily involved in the common Calamities of War that the Public cannot with propriety make any Compensation for them; and in others it may be doubtful by whom they ought to be paid: In every such Case a Certificate may be given to the Party injured, setting forth his Name, place of Abode, The Amount of his Damages and how they arose; a Duplicate of which may be lodged in the War-Office as a Record to be recurred to when it shall be determined what farther Steps shall be taken respecting it. The Principles on which they are to be determined should, however, be previously settled as clearly and explicitly as may be, and The Commissioners instructed accordingly— In order to avoid Expence it may be well to appoint Officers of the Army to this Commission, as suitable Men may doubtless be found amongst them, who for some additional Pay would execute the Trust with Fidelity. The Appointment of Officers might also be attended with a farther good Effect, especially if a set of Commissioners were to attend every separate Command or considerable Detachment of the Army, as They would be Witnesses of the Transactions and of Course afford a constant Caution to the Officers in Command against permitting wanton Destruction, or the unnecessary Invasion of private property.—

If Congress should think proper to adopt the Measure herein recommended, or any other that will be likely to effect the desired purpose, either myself or one of my Assistants will wait on such Committee or Board as they shall be pleased to appoint, to give such farther Information as shall be required.—1 I have the Honour to be, with the utmost Respect, Sir, Your most obedient humble Servant,

Nathel. Greene, QMG

Honble. The President of Congress

ALS, DNA: PCC, item 155, 1: 83–86 (EJ: 10926). Endorsed by Charles Thomson: “Letter from Maj Genl / Greene Qr M Gen. / Feby. 1. 1779 / Read 2 [Feb.]—/ Referred to the comee. ap / pointed to Supperintend / the qr. master & Comy genl / departments.—”

1The committee appointed to superintend the quartermaster’s and commissary’s departments considered this letter and made their report on 2 Feb. recommending that articles taken “for the use of the Army . . . be paid for at the rate which such articles are really worth, at the time and place when taken.” The committee felt it would be “improper” to make any further allowance “for wanton devastations,” as in such cases “remedy may be had against the Commanding Officer, whose duty it is to prevent such mischiefs.” JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 13: 133.

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