THURSDAY, JANUARY 1, 1778

A memorial from the Chevalier de Villefranche was read, setting forth, that though he received a gratification and money for his return to France, yet, upon reconsideration, he would rather stay in this country, if he could be employed in the corps of engineers, under Brigadier Du Portail, in which case he would return the money and bill of exchange granted him; Whereupon,

Resolved , That the Chevalier de Villefranche be appointed a major of the corps of engineers, under the command of Brigadier General Du Portail.

An extract of a letter from Major General de Kalb, and a memorial from Lewis Casimir, Baron de Holtzendorff, were read: 1

1 The memorial of Holtzendorff is in the Papers of the Continental Congress , No. 41, IV, folio 27.

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

The Marine Committee, to whom the letter of the Hon. Thomas Cushing, Esq. of the 6th of December last, with the inclosed bill of exchange, were referred, report, That, in their opinion, the said bill ought to be paid by a warrant 0008 8 on the treasury in favour of the persons in whose behalf the said bill was drawn:

Resolved , That Congress concur with the committee.

Ordered , That the said report, with the bill and letter, be referred to the Board of Treasury.

Resolved , That General Washington be directed to order the commanding officers of the continental regiments, now in camp, to make exact returns of the soldiers in their respective regiments to the pay masters thereof, to prevent any imposition in the payment of the one month's pay extraordinary, which Congress, in their resolve of the 30th of December last, have ordered to be given to the brave officers and soldiers of the continental army, on account of their soldierly patience, fidelity, and zeal, in hurting, &c. as expressed in the said resolve.

A memorial to Congress and the supreme executive council of Pensylvania, from Israel Pemberton and others; also, a letter from Owen Jones, Jun. to James Duane, Esq. were read: 1

1 This memorial, dated Winchester, December 19, 1777, is in the Papers of the Continental Congress , No. 41, VIII, folio 42.

After some debate,

Resolved , That the consideration thereof be postponed.

Adjourned to 3 o'Clock P. M.

Three o'Clock

The Committee on the Treasury brought in a report; whereupon, Congress came to the following resolution:

Whereas Dennis John du Bouchet, who, for his merit and spirited conduct in the late northern army, upon the special recommendation of Major General Gates, commander in chief of the northern department, was created a major in the service of the United States of America, 0009 9 hath since signified to Congress his desire of returning to France, as his state of health will not permit him engage in actual service; therefore,

Resolved , That he be permitted to quit the service, and to return to France whenever he may have an opportunity; and, in consideration of his merit, that the sum of one hundred dollars be presented to him to defray his expences to the port of embarkation, and a bill of exchange for 900 livres tournois, on the commissioners of the United States at the court of France, to defray the expences of his passage and travelling charges to Paris, and in full of all demands for his services and pay. 1

1 This report is in the Papers of the Continental Congress , No. 136, I, folio 529.

Colonel Samuel Washington having, on account of his ill state of health, declined the office of commissioner to the westward, Congress proceeded to the election of another in his stead; and, the ballots being taken, John Walker, Esq r . was elected.

A letter, of the 8, and one, of the 13 December, from Dr. B. Rush to Mr. [William] Duer, were laid before Congress, and read: 2

2 These letters are in the Papers of the Continental Congress , No. 78, XIX, folios 173 and 181.

Ordered , That the said letters, and also the letter of the 25 December, from Governor Livingston, be referred to a committee of five: the members chosen, Mr. [John] Witherspoon, Mr. [John] Harvie, Mr. [Francis] Lewis, Mr. [Francis] Dana, and Mr. [Cornelius] Harnett.

Resolved , That the said committee be fully authorized to take every measure, which they shall deem necessary, for the immediate relief of the sick, and report such alterations in the medical department, as they shall deem best adapted to answer the end of its institution.

The delegates from Massachusetts Bay laid before Congress 0010 10 the credentials of their appointment, which were read as follows:

State of Massachusetts-Bay :

Council Chamber, Boston, December 4, 1777 .

The General Assembly having, this day, come to the Choice of Seven Gentlemen to represent this State in the Honorable Continental Congress, by joint Ballot of both Houses, to serve for the ensuing Year, it appeared, after counting and sorting the Votes, the following Gentlemen were chosen, viz. Hon. John Hancock, Samuel Adams, John Adams, Robert T. Paine, Elbridge Gerry, Francis Dana, and James Lovell, Esqrs.

Attest, John Avery , Deputy Secretary . 1

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

A letter, of the 26 December, from General Washington, was read.

A letter, of the 26 December, from Thomas Wharton, Jun r . Esq r ., president of the council of Pensylvania, to the delegates of that State in Congress, was read: 2

2 The draft of the Washington letter is in the Washington Papers , A, III, folio 161; the letter of Wharton is in the Papers of the Continental Congress , No. 69, I, folio 453.

Ordered , That it be referred to the Board of War, and the members added thereto, for a particular purpose, on the 29 December last.

∥The several matters to this day referred, being postponed,∥

Adjourned to 10 o'Clock to Morrow.

The Committee on the Cloathing Department beg Leave further to report:

Whereas by a Resolution of Congress of the 26th Novr, 1777, Officers and Soldiers in the Batallions of the Army of the United States were enabled to draw Cloathing from the continental and State Stores at prices bearing a just proportion to their pay, and neither the Quantities of Cloathing to be so drawn, nor prices thereof, have been ascertained,

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Resolved , That every regimental commissioned officer in the Army of the United States shall during the War be entitled to draw annually the following Articles of Cloathing, paying for the same on Delivery at the Rate of two thirds of a Dollar for one Shilling sterling Cost thereof, in Europe, estimating American Manufactures at the prime Cost of European Articles of the same Species and Qualities.

a Suit of plain Regimentals

Six fine linen Shirts

Six cambrick or muslin Stocks

or Materials for making the same.

a fine castor Hatt

six pair thread or fine worsted Hose

four pair Shoes

1 pair Boots

1 Blanket

That each non commissioned officer and private be allowed to draw the following Articles of extra Cloathing, paying for the same at the Rate aforesaid,

two hunting Frocks

one Woolen Waistcoat with Sleeves

for Summer

two Shirts

two pair strong linnen Overalls

four pair Shoes, excepting non commissioned officers and privates of the Cavalry who may draw two pair only.

That each State supply by it's Agent, the Cloathing so allowed, to Officers and Soldiers raised or to be raised by such State, as its quota: charging the United States for the Articles, so supplyed, at such an advance on the sterling Cost as Congress shall hereafter allow to the States in general, and crediting the Amount of what the Officers and Soldiers are to pay for such Cloathing. And it is recommended to each State to require its Agent to take Certificates from the Officers and Soldiers who may receive such Cloathing, specifying the particular quantities so received, and the Amount thereof, which Certificates shall be produced by the State as Vouchers on Settlement.

That each commissioned Officer in the Army of the United States, declaring on Oath to the paymaster or any Deputy paymaster General, who are respectively authorized to administer the same, “that he has served in the Army during the last Campaign, and not been supplied by any continental or state Agent, or Officer, with the whole (or any Part) of the Articles which he is allowed to draw, agreeable to the preceeding Resolves”, shall on presenting an account receive from 0012 12 such paymaster or Deputy paymaster General for the Articles so appearing not to have been supplied, as follows:

Dollars 90ths of a Dollars for a Coat 18 and 60 a Waist Coat 7 a pr Breeches 7 each Shirt 5 Dollars—6 of which amount to 30 each Stock ⅔ of a Dollar, 6 amounting to 4 a fine Castor Hatt 5 30 each pr Hose 2 Dollars and 20/90ths 6 pr amounting to 13 30 each pr Shoes 1 ½ Dollar, 4 pr, amounting to 6 a pr Bootes 6 a Blanket 4 60 the Whole amounting to 102 Dollars

That the paymaster and Deputy paymaster General previous to their administering such Oath, shall respectively take an Oath to be administered by the Commander in chief or commanding Officer of the Department “faithfully to discharge the Trust reposed in him by the foregoing Resolve”, and shall take a Certificate thereof from the Officer administering the Oath. 1

1 This report, without date, and in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 31, folio 17. The committee on the clothing department was appointed November 25, 1777, but does not appear to have made a report. A second committee was named on Otis's letters, to which Gerry was added, December 17, 1777. Its report is printed in the volume for 1777, IX, p. 1042. There is nothing to indicate when the first committee presented its reports.

FRIDAY, JANUARY 2, 1778

A letter and memorial from the Chevalier Armand de la Rouerie were laid before Congress, ∥and read:∥

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

A letter, from Chevalier de Roche Fermoy, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, IX, folio 153.

Ordered , That it be referred to the delegates of Massachusetts Bay.

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Congress having no further occasion for the service of Esek Hopkins, Esq r . who, on the 22 December, 1775, was appointed commander in chief of the fleet fitted out by the Naval Committee,

Resolved , That the said Esek Hopkins, Esq r . be dismissed from the service of the United States.

Three o'Clock, p. m .

Congress took into consideration the resolutions agreed to in a committee of the whole Congress, on the report of the committee.

The first resolution being read the following amendments were agreed to: Dele the words “to be”; after “ warranted by ” insert “ the just construction of ”

d[ele] “it betrays a disposition of availing himself of such declaration,” and insert instead thereof, “it affords a strong indication of his intention to, and just grounds of fear that he will, avail himself of such pretended breach of the convention.”

A division of the resolution was called for;

And the question being put on the first part as amended,

Resolved , in the affirmative N. C. D. That the charge made by Lieutenant General Burgoyne in his letter to Major General Gates of the 14 November, of a breach of public faith on the part of these states, is not warranted by the just construction of any article of the convention of Saratoga; that it is a strong indication of his intention, and affords just grounds of fear that he will avail himself of such pretended breach of the convention, in order to disengage himself and the army under him of the obligations they are under to these united states, and that the security which these states have had in his personal honor is hereby destroyed.

It was moved to amend the latter clause

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In the second clause dele “hitherto”.

The yeas and nays being required and the question put on the second part of the resolution:

New Hampshire, Mr. Folsom, ay ay Frost, ay Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Dana, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Dyer, no no New York, Mr. Lewis, ay ay Duer, ay New Jersey, Mr. Witherspoon, no no Clark, no Pennsylvania, Mr. Roberdeau, ay Clingan, ay ay J. B. Smith, ay Jas. Smith, ay Virginia, Mr. F. L. Lee, no no Harvie, no North Carolina, Mr. Harnett, ay ay South Carolina, Mr. Laurens, ay ay Georgia, Mr. Wood, ay ay Langworthy, ay

So it was resolved in the affirmative.

The second resolution was then read, and the following amendments made; dele “himself”, and insert “Lieutenant General Burgoyne”; after “troops”, dele “shall”; after “convention” add “of Saratoga”

After debate,

Resolved , That the consideration thereof be postponed till to Morrow.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 3, 1778

A letter, of the 15 December from Jonathan Trumbull, Jun r . Esq r ., deputy pay master general, northern department, was read, enclosing a draught in his favour on N. Appleton, Esq r ., commissioner of the loan office, State of 0015 15 Massachusetts bay, dated October 16, 1777, returned for want of pay: 1

1 The letter of Trumbull is in the Papers of the Continental Congress , No. 78, XXII, folio 545.

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

A letter, of the 7 ∥December∥ from P. Colt, Esq r . at Boston, and one, of the 16 of the same month, from Mr. Colt at New Haven, to W. Buchanan, Esq r . commissary general of purchases, were laid before Congress and read:

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

A letter, of the 26 December, from the navy board, at Bordentown, with sundry papers enclosed, respecting the conduct of Lieutenant Henessy, was read:

Ordered , That it be referred to the Marine Committee.

Resolved , That General Washington be authorized to appoint such a number of aids de camp, as he may, from time to time, judge necessary; and if he thinks proper, to appoint them out of the corps already established and to make choice of regimental officers for that purpose, if he thinks proper; any thing in former resolutions of Congress to the contrary notwithstanding.

Adjourned to 3 o'Clock P.M.

Three o'Clock, p. m .

A petition from Daniel Lush, was read:

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

A letter, of the 29th December, from Brigadier Weedon, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 159, folio 380.

Ordered , To lie on the table.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the Treasurer in favour of the Board of War, for 200,000 dollars, to be 0016 16 transmitted by them to Jonathan Trumbull, Jun. deputy pay master general ∥in the northern department,∥ for the use of his department, the said pay master to be accountable:

Ordered , That a warrant issue on the Treasurer in favour of John Brown, Esq r ., for 13,359 dollars, for the purpose of discharging Thomas Cushing's order on the Hon. Henry Laurens, Esq. president of the Marine Committee, for that sum, in favour of Andrew and James Caldwell, & Co. dated Boston, 6th December last, and expressed to be for the use of the continental ships building in Massachusetts bay; the said Marine Committee to be accountable:

Ordered , That a warrant issue on the Treasurer in favour of Mr. Caldwell, for six hundred and seventy five dollars, in discharge of John Ashe's two drafts, dated North Carolina, 27th March last, in favour of Francis Brice, one for 275, and the other for 400 dollars and drawn on the continental treasurer, the State of North Carolina to be accountable, and the sum to be considered as part of the 500,000 dollars heretofore appropriated for the use of that State. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 3.

Congress resumed the consideration of the ∥second∥ resolutions agreed to in a committee of the whole, on the report of the committee to whom were referred the letters that passed between General Heath and General Burgoyne, and the letter from General Burgoyne to General Gates. The following amendments were made: Strike out “to these States;” after the word “distinct,” add “and explicit.”

“Therefore, That the embarkation of Lieutenant General Burgoyne, and the troops under his command, be suspended 0017 17 till a distinct and explicit ratification of the convention of Saratoga shall be properly notified by the court of Great Britain.”

The yeas and nays were required, and the question put on the resolution as amended.

New Hampshire, Mr. Folsom, ay ay Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Dana, no Rhode Island, Mr. Ellery, declined 1 to vote. Connecticut, Mr. Dyer, declined 1 to vote. New York, Mr. Lewis, ay ay Duer, ay New Jersey, Mr. Witherspoon, ay ay Clark, ay Pennsylvania, Mr. Roberdeau, ay Clingan, ay ay J. B. Smith, ay Jas. Smith, ay Virginia, Mr. F. L. Lee, ay div. Harvie, no North Carolina, Mr. Harnett, ay ay Mr. Laurens, ay ay Georgia, Mr. Wood, ay ay Langworthy, ay

1 “Refused” was originally written.

So it was resolved in the affirmative.

Ordered , That the report of the committee on which the resolutions passed by the Congress are grounded, be re-committed.

Resolved , That Monday next be assigned for appointing auditors of accounts in the northern and eastern departments, and for the army in the middle department.

∥The several matters to this day referred, being postponed,∥

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 5, 1778

A letter from Mons. Laneuville; one, of this day, from the Rev. Mr. D[aniel] Batwell; one, of the 1st, from General Washington; one, of 20th December last, from Governor Clinton, of the State of New York; one, of the 2d, from the council and general assembly of Pensylvania, ∥were read:∥ 1

1 Batwell's letter is in the, Papers of the Continental Congress , No. 78, II, folio 329; that of Clinton is in No. 67, I, folio 94; and that of Pennsylvania is in No. 69, I, folio 449, and a copy in No. 33, folio 83. The, draft of the Washington letter is in the Washington Papers , A., Ill, folio 165. It is printed in Writings of Washington (Ford), VI, 273.

Ordered , That the letter from Mr. Batwell be referred to the Board of War; that the letter from the council and general assembly of Pensylvania, be referred to a committee of three: the members chosen, Mr. J[onathan] B[ayard] Smith, Mr. [John] Witherspoon, and Mr. [Nathaniel] Folsom.

Ordered , That the letter from Laneuville be referred to the Committee on Foreign Applications.

Resolved , That the Rev. Mr. Israel Evans be appointed chaplain to Brigadier General Poor's brigade.

The committee to whom were referred the propositions of the committee lately sent to the camp, contained in their letter to General Washington, dated White Marsh, 10 December, 1777, brought in a report, which was read:

The Committee appointed to consider the Propositions of the Committee lately sent to Camp, contained in their Letter to General Washington, dared Whitemarsh, 10th December, 1777, and their Memorandum of the Wants of the Army, beg leave to report:—

That all military commission officers, who now are or hereafter may be in the Service of these United States, and shall continue therein to the End of the present War, shall during the Term of Years after the War, if not amended to any Corps of established Troops, or otherwise 0019 19 employed by the said States, be entitled to receive half the pay of Officers of equal Rank, who shall be then in the Service; provided that such half pay Officers shall at all times be liable to be called into Service, and during that Service shall receive full pay, and be subject to such Regulations as Congress shall from Time to Time judge necessary. 1

1 On folio 183 is the following paragraph in the writing of Elbridge Gerry, probably an amendment: “When not annexed to any Corps of established Troops, or holding or enjoying any Office of Profit under the said States or any of them, be entitled annually to receive half the Pay of Officers of equal Rank then in actual Service, and that such half pay Officers shall at all Times be subject to the Regulations of Congress, and hold themselves in Readiness for and be liable to be called into actual Service during which they shall receive full Pay.”

That all such military commission Officers shall in Time of Peace, be authorized to dispose of their Commissions to such Persons as shall be approved, and under such Regulations as shall be prescribed by Congress.

That the Widows of all Commission Officers, who in the present War, shall hereafter lose their Lives in the Service of the United States, shall during their Widowhood be entitled to receive one Part of the Pay of Officers of equal Rank then in the Service; and in order thereto, each Widow shall within Months after her Husband's Decease, if under the Rank of a Brigadier, produce a Certificate from the Commanding Officer of the respective Regiment or Corps, specifying the Name of her Husband, the Time, Place and Manner of his Death, his Rank, the Regiment or Corps, and company to which he belonged, and the Name of the State and Town or District in which he resided, which Certificate being endorsed by the respective Major or Brigadier General, and also by herself, shall be lodged at the Office hereafter mentioned, from whence the Pay shall be annually drawn. And the proper Certificates of the Deaths of general Officers shall issue from the Commander in Chief, and being endorsed by each respective Widow, shall by her be sent to the Office aforesaid; provided that, if any of the said Widows shall not reside within these States, the Officer whose Duty it may be to give the Certificate shall send it to the Office (endorsed by the respective Major or Brigadier General, if the Officer deceased is not of higher Rank than Colonel) or be responsible for the Damages arising from Neglect.

That a Pension Office be forthwith opened, and kept in the Place 0020 20 where Congress shall from Time to Time hold its Session, under the Direction of one Commissioner to be appointed by Congress, and that he be allowed Dollars per Day, and empowered to appoint two Clerks, when he shall judge it necessary.

That it shall be the Duty of the said Commissioner to receive the Certificates aforesaid, preserving in separate Files those of the General Officers, and of each Regiment and Corps; to keep an alphabetical Register of the Names of such Officer's Widows and of the Particulars set forth in the Certificates; to deliver to the Order of each Widows or in Case of her Decease before it can be drawn, to the Order of her Administrator or Executor, the Pay to which by the preceding Resolves she may be entitled, annually made up to the 1st Day of May; provided that on the Back of each Order for the Pay of Widows, resident within these States, shall be endorsed a Certificate from a Justice of the Peace in or near to the Place of her Residence, that she was alive and continued in a single State to the Time for which the Pay shall be so drawn; and a similar Certificate shall be produced on the Back of each Order drawn by the Widow of any foreign Officer who shall die in the Service of these States under the Hand and Seal of a Notary Public of the State in which she may reside, which Certificate shall also be endorsed by one of the Commissioners of the United States in such State. 1

1 At the end of this paragraph is written the following: “Postponed to Comm te . Whole.”

That General Heath be directed to order the Deputy Quarter Master General of the Eastern District, forthwith to Agreed provide one thousand good bell Tents, and send them to the Army under the Command of General Washington.

That General Washington be authorized to employ a Printer with a travelling Press to attend the Army, and that it be under the Inspection of himself or such other Person or Persons as he shall appoint; who shall not admit personal alterations , or other Matter Postponed on amendment, by motion, N. Y. not tending to promote the public Welfare , to be inserted in any of the Publications or Hand Bills of the Army, and shall constantly transmit some of each Impression to the President for the Perusal of Congress.

That each Regimental Paymaster keeping an Horse shall Postponed. be allowed Forage therefor.

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That Brigadier General Wilkinson be appointed Secretary to the Board of War, and directed forthwith to attend Congress. 1

1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 21, folio 177. It is endorsed:

“Who appoints Deputy Paymasters in the several States, the P. M. Gem or Congress?

“The Congress has appointed a pay Mr. General, a Depy. pay Mr. Gen., in the Northern Department in the Eastern and in the Southern Department.

“Congress empowered the Depy. pay Mr. Gen. in the Northern Department to appoint one assistant.”

The first paragraph is in the writing of Henry Laurens; the last two, in that of Charles Thomson.

The report is also endorsed: “1778. Before the Committee of the Whole on propositions of Committee sent to Camp.”

Ordered , That the consideration thereof be postponed to the afternoon.

Congress proceeded to the election of an adjutant general, in the room of Colonel Pickering, who is called to the Board of War, and the ballots being taken, Colonel Alexander Scammel was unanimously elected.

Adjourned to 3 o'Clock, P. M.

Three o'Clock

The Committee on the Treasury brought in a report which was taken into consideration; Whereupon,

Resolved , That a warrant issue on the Treasury in favour of Samuel Lyon, for 611 20/90 dollars, in discharge of Daniel Tillinghast, agent in Providence, for his order dated the 13 September last in favour of said Lyon for £183 7 4 lawful money, the Marine Committee to be accountable.

Ordered, That a warrant issue on the treasurer in favour of Samuel Lyon for 611 20/90 dollars, in discharge of an order of Daniel Tillinghast, agent in Providence, dated the 13 September last, in favour of the said S. Lyon.

Ordered , That the following warrants issue in favour of Blair M'Clenachan and James Caldwell, for the payment of a quantity of salt petre, sulphur, and lead, amounting to 0022 22 61,719 30/90 dollars, purchased of them by the Board of War for the use of the United States of America, and delivered to Leonard Jarvis, Esq r . at Dartmouth, the 25 November last; for which the said L. Jarvis is to be accountable, viz.

One on Thomas Smith, Esq r . commissioner of the continental loan office for the State of Pensylvania, for 47,000 dollars, to be paid in loan office certificates, to bear date the 25 November last, as per agreement; and

One on the treasurer for 14,719 30/90 dollars. 1

1 This report is in the Papers of the Continental Congress , No. 132, II, folio 5. It called for 29,719 30/90 dollars from the Treasurer, and 32,000 from the Loan Office.

Congress took into consideration the report of the committee on the propositions, &c., and, after debate,

Resolved , That the consideration of the two first paragraphs be postponed to Wednesday next, and that the consideration of the remainder be postponed till to morrow.

Resolved , That the appointment of auditors be farther postponed.

∥The several matters to this day referred, being postponed,∥

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 6, 1778

A letter of the 4th, from E. Blaine, Esq r . ∥deputy commissary,∥ and one, of this day, from W. Buchanan, Esq[r]. ∥commissary general of purchases,∥ were read: 2

2 The letter of Blaine is in the Papers of the Continental Congress . No. 78, II, folio 328. That of Buchanan is on folio 333.

Ordered , That they be referred to a committee of six: the members chosen, Mr. [William] Ellery, Mr. [Abraham] Clark, Mr. [Francis] Lewis, Mr. [Cornelius] Harnett, Mr. J[onathan] B[ayard] Smith, and Mr. [William] Clingan.

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The committee to whom the letters from Governor Livingston and Dr. Rush were referred, brought in a report, which was taken into consideration; Whereupon,

Resolved , That the cloathier general be directed to deliver to the order of the director general as much linen and as many blankets as can be spared, to be retained in the hospital for the use of the sick:

That the cloathier general be directed to supply the convalescents with necessary cloathing, in order that, when properly recovered, they may join the army:

That a member of Congress be forthwith appointed to visit the hospitals in the middle department: the member chosen, Mr. [John] Penn.

That a recommendation be sent to the clergy of all denominations in the said ∥middle∥ district, to solicit charitable donations of woollens and linen, made or unmade, for the sick soldiers in the hospitals; and to send the same to the Board of War, or any hospital, as may be most convenient.

That Dr. Shippen and Dr. Rush be directed to attend Congress on the 26 day of January inst. to be examined touching certain abuses said to prevail in the hospital.

Resolved , That the farther consideration of the report be postponed ∥to the afternoon.∥

Adjourned to 3 o'Clock, P. M.

Three o'Clock

Congress resumed the consideration of the report under debate this morning; Whereupon,

Resolved , That the sum of ten dollars shall be paid by every officer, and the sum of four dollars by every soldier, who shall enter, or be sent into any hospital to be cured of the venereal disease; which sums shall be deducted out of their pay, and an account thereof shall be transmitted 0024 24 by the physician or surgeon who shall have attended them, to the regimental pay master for that purpose; the money so arising to be paid to the director general, or his order, to be appropriated to the purchasing blankets and shirts for the use of sick soldiers in the hospital.

Congress proceeded to the election of a secretary to the Board of War, and, the ballots being taken, James Wilkinson, Esq. r was elected.

A letter, of 17 December last, from the council of New York, to their delegates in Congress, with sundry Papers enclosed, was laid before Congress and read: 1

1 This letter is in the Papers of the Continental Congress , No. 67, I, folio 354. Thomson has endorsed the vote on the committee: J. Smith, 4; Lewis, 0; Langworthy, 0; Roberdeau, 3; Wood, 6; Gerry, 2; Dana, 1; Dyer, 2; Duer, 1.

Ordered , That the same be referred to a committee of three: the members chosen, Mr. [Joseph] Wood, Mr. J[ames] Smith and Mr. [Daniel] Roberdeau.

Congress resumed the consideration of the report of the committee on the propositions of the committee lately sent to the camp, &c., Whereupon,

Resolved , That General Heath be directed to order the deputy quarter master general of the eastern department, forthwith to provide 1,000 good bell tents, and send them to the army under the command of General Washington.

Resolved , That the six first paragraphs be referred to a committee of the whole, and that the consideration of the last pargraph be postponed.

The Committee on the Treasury brought in a report; Whereupon, Congress came to the following resolutions:

Whereas it appears, by a return made to the Board of Treasury, from the managers of the lottery of the United States, that the invasion of the State of Pensylvania by the enemy has obstructed this business, and produced considerable delays in the sale of the tickets, in so much, 0025 25 that the number yet remaining on hand, renders it necessary once more to postpone the drawing; and whereas, Congress being desirous, as far as possible, to fulfil the expectations of the adventurers, think it proper to give them the fullest assurance, that, at the time herein proposed, the managers are to proceed on this business without further delay:

Resolved , That the drawing of the first class of the lottery mentioned, be postponed to the 1st day of May next, at which time the managers are directed to proceed therein, and complete it as soon as may be, and that all the tickets, then unsold, shall be the property and at the risque of the United States:

That ½ per cent upon the amount of tickets sold be allowed to the persons employed by the managers, or by the several states to sell tickets, in lieu of the encouragement given by a resolution of Congress of the 30th day November, 1776.

∥The several matters to this day referred, being postponed,∥

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 7, 1778

A letter, of the 20 December last, from General Spencer, with sundry papers enclosed, was read:

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

A letter, of the 5, from the president of the council of Pensylvania, was read. 1

1 The letter of Spencer, in the enclosures, is in the Papers of the Continental Congress , No. 161, folio 350; that of Pennsylvania is in No. 69, I, folio 315.

Adjourned to 3 o'Clock.

0026 26

Three o'Clock, p. m

The Committee on the Treasury brought in a report, which was read, whereupon Congress came to the following resolution:

Whereas the issuing commissary who was stationed at Fort Montgomery, has deserted to the enemy, by which circumstance, the officers, at that post, have not had it in their power to receive pay for their back rations for want of proper certificates; therefore,

Resolved , That the pay master general, or his deputy, be directed to pay the said back rations, on an account thereof being exhibited on oath by any of the said officers to Brigadier Clinton, or the commanding officer, and a warrant drawn by him for that purpose.

Ordered , That a warrant be drawn on Thomas Harwood, Esq r . commissioner of the continental loan office in the State of Maryland, in favour of Stephen Steward, for six thousand dollars advanced him upon account of the Commercial Committee, who are to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 7. In the original the Marine Committee was to be accountable.

The delegates from Massachusetts Bay laid before Congress a resolution of the legislature of that State, respecting the powers of their delegates in Congress, which was read as follows:

State of Massachusetts Bay, In the House of Representatives , December 12, 1777 .

Whereas the Hon. John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry, Francis Dana, and James Lovell, Esqrs. have been chosen, by joint Ballot of the two Houses of this Assembly, to represent the State aforesaid, in the American Congress, for one Year, to commence on the 1st day of January next ensuing:

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Resolved , That the above named Gentlemen be, and they hereby are, fully empowered, with other Delegates from the American States for the term above mentioned, to concert, direct and order such further Measures as to them shall appear best calculated for the Establishment of Right, Liberty and Independence to the American States, upon a Basis permanent and secure, for prosecuting with Vigour the present just and necessary War, concluding Peace, contracting Alliances, regulating Commerce, and guarding against all encroachments and Machinations of the Enemies of the United States; and to adjourn to such times and Places as shall appear most Conducive to the public Safety and Advantage.

And, it is further Resolved , that not less than three of the above-mentioned Gentlemen shall make a representation of this State. The Majority of those present, after consultation, to give the Voice of the State, notwithstanding it is expected that five of them will attend as generally as may be, and the Secretary is hereby directed forthwith to forward to each of the above named Gentlemen a copy of their Appointment and of this Resolution. Sent up for concurrence.

J. Warren , Speaker .

In Council , December 13, 1777 . Read and concurred.

John Avery , Deputy Secretary . 1

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

A letter, of the 2d, from General Washington, with copies of letters between him and General Conway, were read:

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

A letter of 15 December, 1777, from S. A. Otis, at Boston, was read. 2

2 The letter of Washington and the Conway correspondence are in the Papers of the Continental Congress , No. 152, V, folio 237. That of Otis is in No. 78, XVII, folio 279.

∥The several matters to this day referred, being postponed,∥

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 8, 1778

A letter, of the 28 December last, from John Baynton, pay master at Fort Pitt, was read:

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

A letter, from the navy board of the eastern department ∥at Bordentown,∥ dated 16 December last, to the Marine Committee, was laid before Congress and read.

Ordered , That it be referred to the Marine Committee.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Resolved , That one million of dollars be emitted under the direction of the Treasury Board and on the faith of the United States:

That the bills shall, excepting the numbers, be of the same tenor and date as the emission directed on the 3d of December last, be numbered from the last number of each respective denomination of that emission progressively, and consist of the following denominations, viz.

15,384 bills of the denomination of 3 dollars 46,152

15,384 do. of 4 do. 61,536

15,384 do. of 5 do. 76,920

15,384 do. of 6 do. 92,304

15,384 do. of 7 do. 107,688

15,385 do. of 2 do. 30,770

15,385 do. of 8 do. 123,080

15,385 do. of 30 do. 461,550

That all powers and duties of Michael Hillegas, Esq r . and of the inspectors of the press, signers, and printers of the said emission, directed on the 20th May last, shall extend to the said one million to be emitted, subjected, however, to such directions and instructions as the Board of Treasury may judge expedient.

The Marine Committee, to whom was referred the letter 0029 29 of the 18 November, 1777, from the navy board for the eastern department, brought in a report, which was taken into consideration;

Resolved , That, considering the necessity of the case, the encouragement given by the said board, to man the ship Providence , be approved:

That the bounties given to seamen by the resolve of Congress of the 29 March, 1777, is not to be stopped out of their wages, but deducted from their prize money, where any future prize money is obtained:

That the said navy board be supplied with a number of blank commissions, and that they be empowered to grant commissions to officers not above the rank of lieutenants, where vacancies may happen, and the good of the service absolutely requires that they should be immediately filled, but not otherwise:

That the commissary general of purchases be directed to give an order upon the late commissary, J. Trumbull, for 500 bushels of salt, in favour of the navy board in the eastern department, unless they should be already provided therewith.

Resolved , That the remainder of the report be postponed.

The committee to whom the report on the letters that passed betwixt General Heath and General Burgoyne, and the letter from General Burgoyne to General Gates, was recommitted, brought in a report, which was read.

Adjourned to 3 o'Clock.

Three o'Clock p. m

Congress took into consideration the report of the committee, on the letters that passed betwixt General Heath and General Burgoyne, and the letter from General Burgoyne to General Gates, which was agreed to, as follows:

“That they have considered, with mature attention, the 0030 30 convention entered into at Saratoga betwixt Major General Gates and Lieutenant General Burgoyne, in October last, and find numbers of the cartouch boxes, and several other articles of military accoutrements, annexed to the persons of the non-commissioned officers and soldiers, in General army, many of which were not delivered up on the day of the surrender have not been delivered up, and that, agreeably to the spirit of the convention, and the technical interpretation of the word ‘arms,’ they ought to have been delivered up:

“This opinion is warranted not only by the judgment of the most approved writers, but by the interpretation and practice of British officers in similar cases in the course of the present war, particularly in the capitulation of St. John's on the 2 November, 1775:

“Your committee farther report, that there are so many other circumstances attending the delivery of the arms and military stores, which excite strong suspicions, that the convention has not been strictly complied with on the part of General Burgoyne, agreeable to its true spirit and the intention of the contracting parties, and so many instances of former fraud in the conduct of our enemies, as to justify Congress, however cautious, to avoid even the suspicion of want of good faith, in taking every measure for securing the performance of the convention, which did not impose any new condition nor tend to delay its execution. Of this nature your committee consider the resolution of Congress of the 8 November last, directing General Heath ‘to cause to be taken down, the name and rank of every commissioned officer, and the name, former place of abode, occupation, size, age, and description of every non-commissioned officer and private soldier, and all other persons comprehended in the convention of Saratoga.’

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“This cannot be considered as imposing any new condition, but as a measure naturally resulting from the articles of convention, which the conquering party has a right to avail itself of, and which is strictly justifiable, had no just suspicion of the want of good faith in the party surrendering presented itself. Your committee are of opinion, that the reasons, which General Burgoyne adduces for refusing a compliance, are inapplicable to the case, and they beg leave to observe, that he is totally mistaken in his appeal to the conduct of Sir Guy Carleton and himself with respect to the prisoners released from Canada in August, 1776: for, notwithstanding his express declaration to the contrary in his letter of the 23 November last to General Heath, it appears from the original list of the prisoners released from Canada, which is herewith presented, that the provinces, counties, and towns, to which the prisoners released belonged, were annexed to theft respective names, which, for the greater security of the conquering party, were in the handwriting of the respective prisoners. Your committee, therefore, cannot but consider General Burgoyne's refusal to give descriptive lists of the non-commissioned officers and soldiers belonging to his army, when connected with his former conduct and ill-grounded assertion on this occasion, in an alarming point of view; more especially when they consider, that nine days previous to this refusal, he had, without just cause given, declared in a letter to General Gates, that the public faith, plighted in the convention of Saratoga, was broken on the part of these states:

“This charge of a breach of public faith is of a most serious nature, pregnant with alarming consequences, and deserves greater attention, as it is not dropped in a hasty expression, dictated by sudden passion, but is delivered as a deliberate act of judgment, committed to writing, 0032 32 and sent to the general with whom he made the convention; and if credit is to be given to General Burgoyne's account of himself in his letter to General Heath of the 23 November, he cannot be considered ‘of so light a character as to have acted in a serious matter of state upon a sudden impression.’

“The reason on which he grounds this charge is, that the officers included in the convention, have not since their arrival in Massachusetts bay, been accommodated with quarters agreeable to their respective ranks: on which your committee beg leave to observe, that though from the sudden and unexpected arrival of so large a body of troops, the concourse of strangers in and near Boston, the devastation and destruction occasioned by the British army, not long since blocked up in that town, and by the American army which besieged them; and considering that the officers were not to be separated from their men, and that the troops could not be quartered with equal convenience in any other place within the limits pointed out and described in the convention, as there are not a sufficient number of barracks in any other part of that state; though from these, and many other unavoidable circumstances, the accommodation of General Burgoyne and his officers ‘who were not to be separated from their men’ might not be such as the public could wish or he expect, yet, his charge of a breach of the public faith, on this account, is not warranted either by the letter of the preliminary articles agreed on between himself and General Gates, on the 14 of October, or by the spirit of the convention, signed on the 16 of the same month; since, by an examination of these articles, it will appear, that the stipulation, with respect to the quartering of officers, was not to be construed in that rigorous sense in which General Burgoyne affects to consider it; but, on 0033 33 the contrary, that it was ‘agreed to as far as circumstances would admit.’

“Your committee forbear to lay any stress on the attempt of the enemy to alter the place of embarkation from the port of Boston to that of Rhode Island or the sound so contiguous to the port of New York, which, as well as that of Rhode Island, is at present in their possession; on the seemingly inadequate number of vessels (being only 26 transports sent to Rhode Island, as appears in a letter from General Pigot to General Burgoyne, dated the 5 December) for an army consisting of 5,642 men, in a winter's voyage to Europe; or on the improbability of the enemy's being able, on so short a notice, to victual such a fleet and army for a voyage of such length; since these suspicions, however strong, unless accompanied with the express declaration of Lieutenant General Burgoyne to General Gates, as above mentioned, and his subsequent refusal to give descriptive lists of the prisoners, would not in their opinion be a warrantable ground for Congress, justly tenacious of public faith, to delay in any manner whatsoever the execution of the convention. the declaration of Lieutenant General Burgoyne, ‘that the public faith is broke,’ is of itself sufficient to justify Congress in taking every measure for securing the performance of the convention, which the laws of nations, in consequence of this conduct, will justify.

“These facts and opinions, your committee, in a matter of such high moment to the honor and safety of these states, esteem it their duty to report specially; and considering that General Burgoyne has not fully complied with the convention of Saratoga, particularly in not deliving up the cartouch boxes and accoutrements; that he has expressly, and without just foundation, charged these 0034 34 states with a breach of public faith; that, in consequence of this declaration, whilst in our power, he may deem himself, and the army under him, absolved from their compact, and may, therefore, have refused compliance with a measure naturally resulting from the convention, and which only tended to render his officers and men insecure in case the convention, on their part, was not complied with; considering, farther, that, from the distance between America and Great Britain, there is no opportunity of accommodating this dispute in any reasonable period of time with the sovereign of the state, in behalf of which this convention was made, and that the operations of General Burgoyne's army in America would not only defeat the main object of the convention, but prove highly prejudicial to the interests of these states; your committee submit the whole to the consideration of Congress, in order that such measures may be adopted as are consistent with the safety and honour of the United States.”

Whereupon, Congress came to the following resolutions:

Resolved , That, as many of the cartouch boxes and several other articles of military accoutrement, annexed to the persons of the non-commissioned officers and soldiers, included in the convention of Saratoga, have not been delivered up, the convention, on the part of the British army, has not been strictly complied with;

Massachusetts Bay, Mr. Dana ∥declined voting.∥ Lovell, ay * Rhode Island, Mr. Ellery, no no Connecticut, Mr. Dyer, no no New York, Mr. Lewis, ay ay Duer, ay New Jersey, Mr. Witherspoon, ay div. Clark, no 0035 35 Pennsylvania, Mr. Roberdeau, ay Clingan, ay ay James Smith, ay J. B. Smith, ay Virginia, Mr. F. L. Lee, ay div. Harvie, no North Carolina, Mr. Penn, ay ay Harnett, ay South Carolina, Mr. Laurens, ay ay Georgia, Mr. Langworthy, ay ay Wood, ay

∥So it passed in the affirmative.∥

Resolved , That the refusal of Lieutenant General Burgoyne to give descriptive lists of the non-commissioned officers and privates belonging to his army, subsequent to his declaration that the public faith was broke, is considered by Congress in an alarming point of view; since a compliance with the resolution of Congress could only have been prejudicial to that army in case of an infraction of the convention on their part.

Resolved , N. C. D That the charge made by Lieutenant General Burgoyne, in his letter to Major General Gates, of the 14 November, of a breach of public faith on the part of these states, is not warranted by the just construction of any article of the convention of Saratoga; that it is a strong indication of his intention, and affords just ground of fear, that he will avail himself of such pretended breach of the convention, in order to disengage himself, and the army under him, of the obligation they are under to these United States; and that the security, which these states have had in his personal honor, is hereby destroyed.

Resolved , therefore, That the embarkation of Lieutenant General Burgoyne, and the troops under his command, be suspended till a distinct and explicit ratification of the convention of Saratoga shall be properly notified by the court of Great Britain to Congress.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 9, 1778

The Committee on the Treasury brought in a report, which was taken into consideration: Whereupon,

Ordered , That a warrant issue on the treasurer in favour of John Baynton, Esq r ., pay master at Fort Pitt, for twenty thousand dollars, for the payment of the troops in the western department; the said sum to be delivered Major Ewing, to be conveyed to the said pay master, who is to be accountable:

That a warrant issue on Thomas Harwood, Esq r . commissioner of the continental loan office for the State of Maryland, for six thousand four hundred and ninety-two and sixty-six ninetieths dollars, in favour of Gordon & Patton, saddlers, in discharge of Colonel George Baylor's order of 27 December last, for that sum, in their favour, for equipping his regiment of light dragoons; the said Colonel Baylor to be accountable. 1

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

The committee appointed to take into consideration the letter of the 2, from the council and assembly of the State of Pensylvania, brought in a report, which was read.

That the measure proposed by the State of Pennsylvania merits the utmost attention and speedy concurrence of Congress: more especially as several very important events have lately act which seem event Determination.

That a copy of said letter and the memorial attending it, be immediately sent forward to his excellency G. W., and that he be directed to take the subject into consideration; when he shall find circumstances favorable to the enterprize; and a proper vigor in the Agreed States, that Congress have it much at heart that he avail himself thereof; and in the mean time that he conform his orders and movements thereto, as far as shall be consistent with the interest of the United States.

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That the President inform the President of the State of Pennsylvania that Congress approve the measure they propose; and that as they hope it may be executed if that State will exert a proper vigor they will give all the assistance in their power towards carrying it into effect.

That a copy of said letter be also transmitted to the Governments of New Jersey, Delaware and Maryland with a copy of the resolutions of Congress thereon.

That a copy of said letter and resolutions be also transmitted to his Excellency the Governor of Virginia; and that he be desired to forward with all the dispatch in his power, the levies and recruits which that State have ordered to be raised.

That a Committee be appointed to confer with the Council of Pennsylvania on the subject matter of the letter and if that Council shall judge it necessary to confer by a Committee with General Washington thereon, that they be directed to proceed and cooperate with said Committee of Council. 1

1 This report, in the writing of Jonathan Bayard Smith, is in the Papers of the Continental Congress , No. 20, II, folio 19.

The committee to whom were referred the letters from Mr. W. Buchanan, commissary general, and Mr. Blaine, deputy commissary general of purchases, brought in a report, which was read.

Adjourned to 3 o'Clock.

Three o'Clock p. m

Congress resolved itself into a committee of the whole, to take into consideration the report of the committee to whom were referred the propositions from the committee sent to the camp, and, after some time spent thereon, the president resumed the chair, and Mr. F[rancis] L[ightfoot] Lee, reported, that the committee ∥of the whole Congress∥ have under consideration the matter referred to them, but, not having come to a conclusion, desire leave to sit again.

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Resolved , That Congress will to morrow resolve itself into a committee of the whole, to consider farther the report of the committee to whom were referred the propositions from the committee sent to the camp.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 10, 1778

A letter, of the 24, and 28 December last, from Brigadier General Hand, at Fort Pitt, to the Board of War, were laid before Congress:

And a letter of the 9, from W. Palfrey, pay master general, to the Board of Treasury, was laid before Congress, and read.

A letter, of the 2, from General Washington, at Valley Forge, was read, recommending Major Clark to the notice of Congress: 1

1 The letters of Hand are in the Papers of the Continental Congress , No. 159, folios 423 and 427; that of Washington is in No. 152, V, folio 245.

Ordered , That the letter from General Washington, be referred to the Board of War.

That the letters from Brigadier General Hand be referred to the Board of War.

Resolved , That his excellency Governor Henry be requested to enquire of Gabriel Jones and John Walker, Esqrs. two of the commissioners appointed to repair, without delay, to Fort Pitt, agreeably to a resolution of Congress of the 20th of November last, whether they accept of this appointment, and if they, or either of them, declines, to appoint a proper person or persons in his or their stead, who shall enter upon the business without delay.

Congress proceeded to the election of two auditors to audit and settle the public accounts in the main army, and the ballots being taken, Matthew Clarkson and Major John Clark, Esqrs. were elected.

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Ordered , That the letter from Mr. Palfrey be referred to the Board of Treasury.

The Committee on the Treasury brought in a report, which was taken into consideration: Whereupon,

Ordered , That a warrant issue on the treasurer in favour of John Penn, Esq r . ∥delegate from the State of North Carolina,∥ for 276 45/90 dollars, advanced him which is to be charged to the State of North Carolina, and to be considered as a part of the 500,000 dollars, formerly appropriated for the use of the said State:

Ordered , That a warrant issue on John Gibson, Esq r . auditor general, for 500 dollars, in favour of William Palfrey, Esq r . paymaster general, for which he is to be accountable:

Ordered , That a warrant issue on the treasurer in favour of Mons. Lotbinier, a Canadian Chaplain, for his pay due this day for 40 dollars:

Ordered , That a warrant issue on the treasurer in favour Captain William Scott, for five hundred dollars, advanced for the pay, and to purchase blankets for his company, belonging to one of the 16 regiments, commanded by Colonel Thruston; the said Captain Scott to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 11.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

The committee to whom was referred the motion for appointing a committee of Congress to repair to camp, brought in a report, which was taken into consideration; whereupon, Congress came to the following resolution:

Whereas, it is essential to the promotion of good discipline and œconomy in the army of these states, that the most speedy and effectual measures should be adopted for 0040 40 reducing the number of regiments in the continental service, and for reforming the abuses which have too long prevailed in the different departments belonging to the army:

Resolved , That three members of Congress, together with three members of the Board of War, be appointed a committee to repair to General Washington's headquarters, as soon as may be, and, in concert with him, to form and execute a plan for reducing the number of batallions in the continental service, reporting to Congress the names and ranks of such officers of merit now in the service as cannot be annexed to the batallions retained in the establishment, taking particular care in the appointment of officers to these batallions not to annex officers belonging to one State, to the batallions raised by another State; to recommend to Congress the necessary appointments of general officers; to remove officers in the civil departments of the army for misconduct, negligence, or incompetency, and to appoint others in their room, till the pleasure of Congress can be known; to remove all just causes of complaint relative to rank, confining it as nearly as possible to the military line; to report upon the expediency of appointing brigade instead of regimental chaplains, and also to remove from office any chaplain for ignorance or negligence in the duties of his office or for immoral conduct; to determine, and report as soon as may be, to Congress, their opinion of the necessary reinforcements for the cavalry, artillery, and infantry, and the best mode of obtaining them; to report such alterations as they shall deem expedient in the regulations of the several departments of the army, and, in general, to adopt such other measures as they shall judge necessary for introducing œconomy and promoting discipline and good morals in the army.

0041 41

The members of Congress chosen, Mr. [Francis] Dana, Mr. [Joseph] Reed, and Mr. [Nathaniel] Folsom.

∥Adjourned to 10 o'Clock on Monday.∥

MONDAY, JANUARY 12, 1778

The President laid before Congress a packet containing blank papers, which he informed Congress he received yesterday from a John Folger, who says he was sent by the commissioners at Paris, with despatches to Congress:

Ordered , That Mr. [Francis] Dana and the Board of War take the examination of the said John Folger respecting this packet.

Congress proceeded to the election of three members of the Board of War, to join the three members of Congress, and proceed to the camp for the purposes mentioned in the resolution passed on Saturday, and, the ballots being taken, Major General Gates, Major General Mifflin, and Colonel Pickering, were elected.

Resolved , That another member of Congress be added to the foregoing committee.

The member chosen, Mr. [John] Harvie.

A letter, of the 10th, from Samuel and Robert Purviance, at Baltimore, was read informing among other thing that a vessel is arrived there with 2500 bushels of salt.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

The committee appointed to examine J. Folger respecting the despatches with which he was charged by the commissioners at Paris, laid before Congress his examination, reduced to writing, which was read; Whereupon,

0042 42

Resolved , That the president inform Governor Caswell, of North Carolina, of the purport of the said examination, and request him to examine the persons who came over in the vessel with J. Folger, and inform Congress of every circumstance that may come to his knowledge respecting the said despatches:

That the Board of War be directed to confine the said John Folger in close prison, till advice can be received from Governor Caswell, or till further orders from Congress.

Resolved , That copies of the report of the committee on the letters that passed between General Heath and General Burgoyne, and General Burgoyne's letter to General Gates, together with resolutions of Congress thereon, signed by the president, and attested by the secretary, be transmitted to the several states, to General Washington, and two copies to Major General Heath, who is directed to furnish Lieutenant General Burgoyne with one copy of the same, and to order the vessels which may have arrived, or which shall arrive, for the transportation of the army under Lieutenant General Burgoyne, to quit, without delay, the port of Boston.

Resolved , That the council of Massachusetts bay be requested to afford to General Heath the necessary assistance for immediately increasing the guards placed over the troops of General Burgoyne, to the number, if they judge proper, of fifteen hundred or more, and that they be not reduced until the transports of the enemy shall have left the port of Boston, and the post at Providence shall be properly reinforced so long afterwards as the council shall judge necessary.

Whereas, Congress have received information that a sloop named the Pennsylvania Farmer is arrived at Baltimore from Curoçoa, with a load of salt, the property of 0043 43 Mr. Gerardus Beekman, a citizen of the State of New York, but now with the enemy in the city of Philadelphia: and whereas, the delegates representing the State of New York have applied for the interposition of Congress, that proper measures might be taken for seizing the salt, and whereas the public service will suffer the most material injury if the most expeditious measures are not adopted for securing this cargo for the use of the United States:

Resolved , That the governor and council of the State of Maryland be desired forthwith to take measures for securing the said salt for the use of the United States, and to cause the same, without delay, to be delivered to the commissary general of purchases, or any of his deputies; and in case the information given to Congress should be ill founded, and that the cargo above-mentioned should be bona fide the property of any faithful citizen of these states, or of any foreigner, that the governor and council of the State of Maryland be desired to seize the same, as well as all other quantities of salt, and to cause the same to be delivered, agreeable to the directions above mentioned.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 13, 1778

A letter from Mons. de la Balme; one, of the 13th December last, from Colonel Radière, with a memorial from the same; one, of the 6th December, from Baron de Steuben, at Portsmouth, New Hampshire, with sundry letters, recommending him to Congress; one of the 10th January from James Mease, at Lancaster; one, of the 18 December, from Lieutenant Colonel Campbell, a prisoner at Concord, in the State of Massachusetts bay; a letter of the 17 December, and one of the 25 December, 0044 44 1777, from General Heath; also, a letter of the 4th January, with a copy of a letter to General Gates ∥one of the 4th,∥ one of the 5th, and one of the 9th, from General Washington; a letter of the 10th, from Captain Barry, attending at York town, were read: 1

1 The letter from La Balme is in the Papers of the Continental Congress , No. 73, VII, folio 149; the letter and memorial of La Radière are in No. 78, XIX, folios 189 and 193; that of Steuben is in No. 19, V, folio 547; that of Campbell is in No. 78, V, folio 125; those of Heath are in No. 157, folios 57 and 61; and those of Washington are in No. 152, V, folios 249, 255, and 267.

Ordered , That the letter from Mons. de la Balme, the letter and memorial from Colonel Radière, the letter from Colonel Campbell, and the letter of the 9, and that of the 5, from General Washington, be referred to the Board of War:

That the letter from Mr. Mease be referred to the Board of Treasury; the letter from Captain Barry to the Marine Committee.

Whereas, the declaration of Lieutenant General Burgoyne, in his letter of the 14 November last, to Major General Gates, that the public faith is broke on the part of these states, and other reasons set forth in the resolutions of Congress of the 8 January instant compelled Congress to adopt measures for securing the performance of the convention of Saratoga on the part of the court of Great Britain, whereby the embarkation of Lieutenant General Burgoyne's army has been necessarily suspended; and whereas, the subsistence of that army, in the State of Massachusetts bay, is not only extremely burthensome to these states, but tends greatly to distress the inhabitants of the country wherein they are quartered, and it is contrary to the principles of justice, that these states should suffer inconveniences from the conduct of Lieutenant General Burgoyne, which could not be foreseen at the time when the convention of Saratoga was entered into:

0045 45

Resolved , That General Washington be directed again to require of General Howe proper passports for vessels to transport salted meat, flour, and fuel to Boston, necessary for the subsistance of Lieutenant General Burgoyne's army, during the time they shall be necessarily detained in the State of Massachusetts bay, in consequence of the resolutions of Congress of the 8 January instant, and that General Howe be informed, that in case of his refusal to comply with this just request, these states will not deem themselves answerable for subsisting General Burgoyne's army, agreeable to the terms of the convention of Saratoga; but shall think themselves at liberty to remove or separate the said army, to such parts of the State of Massachusetts bay, as they may be conveniently subsisted in, till the convention of Saratoga shall be ratified by the court of Great Britain, and properly notified to Congress.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Resolved , That William Palfrey, Esq r . pay master general, be directed to order William Bedlow, his assistant, at Peekskill, to pay up the troops there to the 31st December last; and that Jonathan Trumbull, Jun. Esq r . deputy pay master general, be directed to pay from that time, all the troops under the command of any officer or officers in the northern department, or State of New York:

That the pay master general be empowered to appoint an assistant in his office, and a clerk for six months, in addition to one already employed by him:

That seventy dollars per month, and two rations a day, be hereafter allowed to each assistant, and fifty dollars a 0046 46 month to each clerk, in the office of the pay master or deputy pay master general. 1

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

The Board of War, to whom was referred the letter of the 20th December from General Spencer, brought in a report, which was taken into consideration; Whereupon,

Resolved , That it be earnestly recommended to the states of New Hampshire, Massachusetts bay, Rhode Island, and Connecticut, immediately to furnish, and keep up constantly in the State of Rhode Island and Providence Plantations, for the defence of the said State, their several quotas of troops, as adjusted by the resolution of a committee from the said states and the State of New York, which met at Springfield, the 30 of July last:

That a deputy quarter master general, a deputy adjutant general, a deputy muster master general, and a deputy commissary general of issues, 2 be appointed to act, pro tempore , for the troops aforesaid: that the deputy commissary general of issues be appointed by the council of war of the State of Rhode Island and Providence Plantations; that the deputy quarter master general, deputy adjutant general, and deputy muster master general, be appointed by the officer commanding at that post; and that each of the foregoing officers take the oaths of fidelity and office required before they enter upon the execution of their respective offices:

2 The original report provided also for a deputy pay master general, but a marginal note shows that that proposition was referred to the Board of Treasury. The manner of appointing those officers was added in Congress after the report had been presented.

That General Spencer, or the commander of the forces aforesaid, be informed, that if provisions cannot be procured at reasonable rates, and he shall be obliged to impress them, he shall direct certificates to be granted, promising payment at such rates as shall be settled by the 0047 47 convention of committees to meet at New Haven, the 15 instant, in pursuance of a resolve of Congress of the 22 November last; and that this resolution have retrospect as to all accounts not liquidated for provisions or services supplied or performed to the 1st day of November, which are to be paid at the convention prices, [and all other unliquidated accounts for services or provisions supplied or performed since that period to the date of this resolution, to be paid for at the prices for which they are contracted.] 1

1 The words in brackets were added in Congress.

Resolved , That General Spencer's resignation, for the reasons offered by him in his letter of the 20 of December, be accepted, when he shall be relieved from his present command by a suitable officer of the rank of a major general, who is to be immediately sent to take the command of the troops raised for the defence of the State of Rhode Island and Providence Plantations.

Resolved , That such parts of the letter from General Spencer as relate to money, be referred to the Board of Treasury, also that part relating to his allowance as in a separate department. 2

2 This report, dated January 12, is in the Papers of the Continental Congress , No. 147, I, folio 431. The members present were Francis Lightfoot Lee, William Duet, and John Harvie.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 14, 1778

Resolved , That two members be added to those who at present conduct the business of the Board of War, till the commissioners for that purpose appointed can meet: the members chosen, Mr. [Edward] Langworthy, and Mr. J[onathan] B[ayard] Smith.

0048 48

Congress took into consideration the report of the committee on the letters from W. Buchanan, and E. Blaine, Esqrs.; Whereupon,

That it is duty of the commissary of prisoners to purchase previsions by himself or deputies, to answer the demands of his department.

Resolved , That the order of the commissary of prisoners shall be a sufficient voucher to the commissary, or deputy commissaries general of purchases, for the delivery of provisions for the use of prisoners of war.

Resolved , That by the resolution of October 22, 1777, the commissary general of purchases is invested with powers adequate to, and sufficient for, the purpose of importing salt for the use of the army.

Resolved , That the powers and directions contained in the resolution aforesaid, for procuring salt, be extended to the article of rum for the army. 1

1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 19, I, folio 439. The amendments are on folio 443.

Ordered , That the farther consideration of the report be postponed to the afternoon.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

Resolved , That the Board of War of the State of Massachusetts bay be requested to import from the middle or southern department fifteen thousand barrels of flour, to supply the magazines of the eastern district for the next campaign, over and above what may be imported by the deputy commissary general of purchases for that purpose; and deliver the same to the deputy commissary general of issues or his deputies, there to be deposited agreeably to the orders of the commanding officer in that 0049 49 district, and that compensation be made to the Board for their trouble herein:

That the Board be empowered to purchase, charter or hire on freight, as they may judge most for the interest of these states, vessels for this purpose, and draw on Congress for the money to purchase the flour, or on William Aylett, Esq r . deputy commissary general of purchases in Virginia, for so much of the flour as they may order to be shipped from Virginia; that if the whole quantity of flour cannot be readily obtained, the Board be empowered to make up the deficiency by importing rice from South Carolina.

Ordered , That a warrant for 50,000 dollars be drawn on the commissioner of the loan office in the State of Massachusetts bay, in favour of the said Board of War, for the purpose mentioned in the foregoing resolution.

In consequence of an adjustment by the commissioners of claims, the assistant auditor general reports,

That there is due to Dr. John Houston, for his and his assistant's pay, while they acted in a batallion of York county associators, commanded by Colonel Donaldson, as per General Mercer's orders to Pay Master Dallam, the sum of 63 45/90 dollars:

That there is due to the Hon. Eliphalet Dyer, for the expences of a committee of Congress, sent to the assembly of the State of Pensylvania on public business, the sum of 127 39/90 dollars:

That there is due to the Hon. Elbridge Gerry, Esq r . for the expences of himself and Mr. Jones on a committee to confer with General Washington, the sum of 145 78/90 dollars:

That there is due to Captain Ephraim Pennington, for the pay of a detachment of York county militia, raised for the purpose of guarding public stores in this place ∥town 0050 50 of York,∥ by direction of the Board of War, the sum of 646 67/90 dollars: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 15.

Ordered , That the said accounts be paid.

Whereas the Baron Steuben, a lieutenant general in the armies of the King of Prussia foreign service, has, the armies of the King of Prussia foreign service, has, in a most disinterested and heroic manner, offered his services to these states in the quality of a volunteer:

Resolved , That the president present the thanks of Congress, in behalf of these United States, to the Baron Steuben, for the zeal he has shewn for the cause of America, and the disinterested tender he has been pleased to make of his military talents; and inform him, that Congress cheerfully accept of his service as a volunteer in the army of these states, and wish him to repair to General Washington's quarters as soon as convenient.

Congress resumed the consideration of the report of the committee on the letters from Mr. Buchanan and Mr. Blaine; Whereupon,

Resolved , That a deputy commissary general of purchases be appointed for the middle district, in addition to Ephraim Blaine, Esq r ., deputy commissary general for the said district [and that the commissary general of purchases, after consulting with Mr. Blaine, be directed to assign that part of the district in which the additional deputy commissary general shall act.] 2

2 The words in brackets were an amendment. Francis Dana offered the following: “That no Commissary of Prisoners, appointed by or acting under General Howe, shall be permitted to reside within any part of the United States of America and if any such commissary” [ incomplete ].

That the present commissariate system, having by experience proved insufficient for supplying the Army with Provisions, it is therefore the Opinion of your Committee, that said system be referred to a special committee, to examine and made such Alterations, and Amendments therein, as may remove the difficulties which at present obstruct the business of the commissariate department.

0051 51

Resolved , That the commissariate system be referred to a committee of three, who are directed to revise the same, and to report such alterations therein as they shall deem best calculated to answer the end of its institution: the members chosen, Mr. [Abraham] Clark, Mr. J[onathan] B[ayard] Smith, and Mr. [Elbridge] Gerry.

Resolved , That General Heath be directed to appropriate to the use of the troops in the continental service, and of the prisoners in the eastern district, such of the salted provisions there, belonging to the United States, as cannot be preserved for the next campaign.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the commissioner of the loan office in the State of Maryland, for 10,000 dollars in favour of the Marine Committee, to answer a demand made by Samuel and Robert Purviance, continental agents in Baltimore; the said committee to be accountable:

Resolved , That Ebenezer Hancock, Esq r . deputy pay master general of the eastern district, be directed, forthwith, to appoint an assistant pay master, constantly to attend and pay the army stationed in or near Providence, for the defence of the State of Rhode Island and Providence Plantations, applying to Congress, from time to time, for the necessary supplies of money for the same; and that the commanding officer in the said State be fully empowered to draw on the said assistant pay master for the necessary supplies of the army aforesaid.

Ordered , That a warrant issue on the treasury in favour of the Board of War, for 350,000 dollars, of which 100,000 dollars to be by them transmitted to Ebenezer Hancock, Esq. deputy pay master general at Boston, and 250,000 0052 52 dollars to his assistant, in the State of Rhode Island; the said Ebenezer Hancock to be furnished with a copy of this resolution, and to be accountable for the whole sum.

Resolved , That General Heath be directed to appropriate to the use of the Troops in the Continental service, and of the Prisoners in the Eastern District, such of the Salted Provisions there belonging to the United States as cannot be preserved for the next campaign.

That a warrant issue on the treasurer in favour of the Board of War, for 700,000 dollars, of which 200,000 dollars to be transmitted by them to William Bedlow, assistant pay master, at Peekskill; and 500,000 dollars to William Palfrey, Esq r ., pay master general, who is to be accountable for the whole sum.

Resolved , That General Heath be informed, it is the intention of Congress that officers in the commissary, quarter master, and cloathier general's departments should receive the money required by them to make the necessary purchases, by applying to the officers at the head of the respective departments, and that he make no advances in future to any of them, unless it shall be absolutely necessary, in which case, he is to inform the Board of Treasury of the sums advanced, and the particular circumstances of the case.

Resolved , That a warrant issue on Nathaniel Appleton, Commissioner of the Continental Loan Office for the State of Massachusetts Bay, for Fifty thousand Dollars in favour of the Hon. Board of War of said State, to be appropriated to the purpose of importing flour and rice, agreeable to a resolution of Congress of this date. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 17.

Ordered , That a warrant issue on the treasurer in favour of William Palfrey, Esq r . pay master general, for four thousand dollars, to be advanced by him to the pay 0053 53 master, and for the use of the North Carolina light horse; the said pay master general to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 19.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 15, 1778

Resolved , That a committee of three be appointed to take into consideration the State of Georgia: the members chosen, Mr. [Cornelius] Harnett, Mr. ∥F[rancis] L[ightfoot]∥ Lee and Mr. [Eliphalet] Dyer.

The committee appointed, by Congress, in addition to the Board of War, to take into consideration the necessity and propriety of laying up magazines of provisions for the army, brought in a report, which was read and debated, and sundry amendments made; after which,

It was moved, in lieu of the whole,

“That the Board of War be directed to write immediately to the president of the executive council of the State of Pensylvania on the subject of purchasing flour for the army, and laying up magazines, and if it should appear, that the said State have taken effectual measures for procuring the same, that the Board of War direct the transportation thereof to the army, or such magazines as they may think proper; but, if such measures have not been taken for that purpose, as the Board of War may think will be certain and effectual, then the Board of War to appoint suitable persons to execute that business.” 2

2 This paragraph, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 21, I, folio 139. The vote is endorsed on it by Charles Thomson.

New Hampshire, Mr. Folsom, ay ay Frost, ay Massachusetts Bay, Mr. Gerry, no Dana, no no Lovell, no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Dyer, ay ay New York, Mr. Lewis, no no Duer no 0054 54 New Jersey, Mr. Witherspoon, ay ay Clark, ay Pensylvania, Mr. James Smith, ay Clingan, ay ay J. B. Smith, ay Virginia, Mr. F. L. Lee, no no Harvie, no North Carolina, Mr. Penn, no no Harnett, no South Carolina, Mr. Laurens, no no Georgia, Mr. Langworthy, no no Wood, no

So it passed in the negative.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

Congress resumed the consideration of the report ∥ of the committee under debate in the forenoon; ∥ which was agreed to as follows:

Resolved , That one or more proper persons be immediately employed by the Board of War, on the best terms in their power, to purchase thirty thousand barrels of flour, or wheat equivalent, and have it ground into flour, and to deposite twelve thousand barrels, part thereof, at or near Lancaster, eight thousand barrels at or near Reading, six thousand barrels at or near Bethlehem, two thousand barrels at Downingstown, and two thousand barrels at Pottsgrove:

That the commissioner or commissioners employed to execute this business, have full power and authority to employ all mills, millers, and coopers necessary, on the best terms they can, to compleat the said quantity of flour with all possible expedition:

That the commissioner or commissioners be empowered to hire or impress waggons sufficient to make the necessary transportation of the flour to the places where it is 0055 55 to be deposited, and to pay the hire of the said waggons, at the same rate paid by the quarter master general:

That the Board of War be empowered to limit the prices to be given for the said wheat and flour, and to give such orders and directions to the commissioners as they shall think proper or necessary, from time to time: provided, that no limitation to be made by the Board of War, with respect to price, shall contravene any acts of the legislature of Pensylvania, or any of the regulations which may be made hereafter by the convention of committees which is to meet at New Haven, in Connecticut, on this fifteenth day of January:

That these magazines, being established without the interference of the commissary general, or his officers, shall, when necessary, be ordered under the direction of the issuing commissary general by the Board of War:

That General Washington be directed to support the commissioners in the execution of their duty, with military force, if necessary:

That the Board of War be empowered to direct the said commissioners to purchase any fat cattle and salted meat they meet with in their tours through the country, on the best terms in their power, and deliver the same to the commissary general of issues, or his deputies, taking their accountable receipts for what they so delivered: 1

1 This report is in the Papers of the Continental Congress , No. 147, I, folio 435. It is signed by Francis Lightfoot Lee as chairman of the committee It is endorsed: “Partially debated 13 a. m. and postponed. Passed January 15.”

That the Board of War enquire of his Excellency Thomas Wharton, Esq r ., president of the council of the State of Pensylvania, what measures have been taken by the legislature of that State, for laying up magazines for the army; and if it should appear to the Board, after such enquiry, that measures for that purpose have been taken adequate to the present critical situation of the army with 0056 56 respect to supplies, they be authorized and directed to suspend the execution of the whole, or such parts of the foregoing resolutions, as they shall deem most conducive to the general weal.

The Board of War brought in a report, which was taken into consideration; Whereupon,

Resolved , That the Board of War be authorized to direct Colonel Flower to make a contract with Mr. Whitehead Humphreys, on the terms of the former agreement, or such other as Colonel Flower shall deem equitable, for making a quantity of steel, for the supply of the continental artificers and works with that necessary article; and as the iron made at the Andover works only will with certainty answer the purpose of making steel, Colonel Flower be directed to apply to the government of New Jersey to put a proper person in possession of these works, (the same belonging to persons who adhere to the enemies of these states) upon such terms as the government of the State of New Jersey shall think proper; and that Colonel Flower contract with the said person for such quantity of iron as he shall think the service requires.

Resolved , That a letter be written by the Board of War to the governor and council of the State of New Jersey, setting forth the peculiarity of the demand for these works, being the only proper means of securing iron for steel, an article without which the service must irreparably suffer; and that the said governor and council be desired to take such means as they shall think most proper for putting the said works in blast, and obtaining a supply of iron without delay.

Resolved , That the memorial of the Chevalier Armand be referred to the committee appointed by Congress to repair to camp for the reformation of the army:

That the letter from Colonel Alexander Scammell to 0057 57 General Folsom, which was referred to the Board of War, be referred to the committee appointed to reform the army; and that they be instructed to enquire, in their progress to camp, into the state of the cloathing department at Lancaster, and to take such measures for the relief of the New Hampshire troops as shall be consistent with regard to the general wants of the army.

The Board of War having reported, that, in pursuance of the resolution of Congress of the 8 November last, they have entered into articles of agreement with Mons r . Fouquet, the father and son, and have engaged them in the service of the United States; Whereupon,

Resolved , That in compliance with the said agreement, Mons r . Fouquet, the father, have the brevet rank of a captain, and Mark Fouquet, the son, the brevet rank of lieutenant of artillery in the army of the United States, and that their brevets bear date from the 17th of November last, the day the contract was entered into. 1

1 This report is in the Papers of the Continental Congress , No. 147, I, folio 439, dated January 13. The members present were Francis Lightfoot Lee, William Duet, and John Harvie.

A memorial from W. Buchanan, Esq r . commissary general, was read: 2

2 This memorial, dated January 15, is in the Papers of the Continental Congress , No. 41, I, folio 154.

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

A proposition being laid before Congress for supplying the army with whiskey, &c. at certain stipulated prices,

Resolved , That the same be referred to the Board of War, who are directed to report thereon.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 16, 1778

The Board of War brought in a report, which was taken into consideration, and after some debate thereon,

Resolved , That the same be re-committed.

Adjourned to 3 o'Clock.

0058 58

Three o'Clock, p. m

A letter, of the 11, from Governor Johnson, of Maryland, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 70, folio 237.

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

Congress took into consideration the report of the committee on the letter of the 2, from the council and assembly of the State of Pensylvania; Whereupon,

Resolved , That Congress highly applaud the rising spirit of the inhabitants of Pensylvania, to regain the capital of their State and drive out our cruel invaders; that Congress are ready and willing with all their power to co-operate with them for effecting this salutary purpose; that to this end, the committee appointed to go to the camp, be directed to consult with the president and council of the State of Pensylvania, and with General Washington, on the subject, and if upon consultation the measure shall be deemed practicable, that they be fully empowered to call on the neighbouring states for such aids as they shall think necessary, and take every measure which they shall think proper for effecting the end proposed.

Resolved , That Mr. J[onathan] B[ayard] Smith be added to the committee for printing the journals of Congress.

Resolved , That the letter of 18th December from Colonel Campbell, ∥which was referred to the Board of War,∥ be referred to the committee appointed to go to the camp.

Ordered , That the letters of the general officers, which were delivered by General Washington to the committee lately sent to the camp, and which were by them laid upon the table, agreeable to the order of Congress, for the perusal of the members, be returned to the General by the committee now going to the camp.

Adjourned to 10 o'Clock ∥to Morrow.∥

SATURDAY, JANUARY 17, 1778

Mr. [Charles] Carroll and Mr. [James] Forbes, two of the delegates from Maryland, attended and produced the credentials of their appointment, which were read as follows:

By the General Assembly of the State of Maryland , Dec. 22d, 1777 .

Resolved , That Samuel Chase, George Plater, Charles Carroll, of Carrollton, Thomas Stone, James Forbes, and John Henry, jun. esqrs. or any two of them, be delegates to represent this state in Congress, for and during the term of one year. By order,

A. C. Hanson , C. S .

G. Duvall , C. H. D .

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Resolved , That ten millions of dollars be borrowed on the credit of the United States, at an annual interest of six per cent. and that loan office certificates of the following denominations be forthwith struck, under the direction of the Treasury Board; [and signed by Michael Hillegas, Esq r . treasurer, or Samuel Hillegas, and countersigned by the respective commissioners who shall borrow the money,] viz:

3333 certificates of 200 dollars each, 666,600

3333 do. of 300 do. 999,900

3333 do. of 400 do. 1,333,200

3333 do. of 500 do. 1,666,500

3333 do. of 600 do. 1,999,800

3334 do. of 1000 do. 3,334,000

10,000,000 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 21. The words in brackets were inserted by Elbridge Gerry.

Resolved , That the committee to whom was referred the letter from the council of safety of New York, be discharged from that service.

Adjourned to 10 o'clock on Monday.

MONDAY, JANUARY 19, 1778

A letter, of the 18th, from W. Shippen, Jun. director general, and one, of the 12, from Jonathan Hudson, at Baltimore, were read: 1

1 The letter of Shippen is in the Papers of the Continental Congress , No. 78, XX, folio 171.

Ordered , That the letter from J. Hudson be referred to the Board of Treasury.

Resolved , That Mr. [James] Forbes be added to the Committee of Commerce.

Resolved , That a member be elected from the delegates of Maryland, to be added to the Marine Committee: The member chosen, Mr. [James] Forbes.

Resolved , That four members be added to the Board of Treasury, and that any three of the members form a board, and be empowered to proceed to business: the members chosen, Mr. [Abraham] Clark, Mr. J. B. Smith, Mr. [Daniel] Roberdeau, Mr. [James] Forbes and Mr. [Edward] Langworthy.

A petition from Captain Durkee, Lieutenant Spaulding, and Timothy Pierce, was read:

Ordered , That it be referred to the committee appointed to repair to the army.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the Treasurer in favour of the Board of War for 500 dollars, advanced at their request, to enable them to send off the several sums of money ordered by Congress to camp, Albany, and Boston; the said Board to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 25.

In consequence of an adjustment by the commissioners of claims, the assistant auditor reports,

0061 61

That there is due to a detachment of York county militia, commanded by Captain Ephraim Pennington, appointed as guards to the public stores, &c. in this place ∥the town of York,∥ for parts of rations retained by the issuing commissary, the sum of 73 66/90 dollars: 1

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

Ordered , That the said account be paid.

Congress resumed the consideration of the report of the Marine Committee of the 8 January; Whereupon,

Resolved , That officers of the navy, not in actual service, be entitled to their pay, but not to rations, nor to the subsistance money allowed by the resolution of the 25 July, 1777.

Congress took into consideration the report of the committee on the allowance to be made to officers captured by the enemy: Whereupon,

Resolved , That all continental officers in the land service, who are or may be captured by the enemy, be allowed their pay while in the enemy's possession, and also when admitted on their parole, for so long time as they continue to be officers of the United States, and liable to be called into service upon being released from their captivity; and that their rations be allowed them during the term of their captivity; deducting therefrom such supplies as they may, in that time, have received from the enemy, [or from the commissary of prisoners:] 2

2 Words inserted by Henry Laurens.

That all flying camp and militia officers captured by the enemy, while in the service of the United States, be allowed their pay while in the enemy's possession; and also their rations during the term of their captivity, deducting therefrom such supplies as they may, in that time, have received from the enemy, or from the commissary of prisoners; and also that pay be allowed to such flying camp and militia officers, who have been or may be admitted 0062 62 to their parole for so long time as the soldiers under their respective commands were ordered into service. 1

1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 21, I, folio 137. It was read in Congress, December 23, 1777.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

The Board of War, to whom the memorial from William Buchanan, was referred, brought in a report, which was taken into consideration: Whereupon,

Resolved , That copies of the proposals of William Buchanan Esq r ., commissary general of purchases, for establishing a communication to transport provisions from South Quay, on Albemarle Sound, in the State of North Carolina, to Elkridge Landing, at the head of Patapsco, in the State of Maryland, be transmitted to the governors of the States of North Carolina, Virginia, and Maryland, and that it be earnestly recommended to them forthwith to establish a sufficient number of waggons and boats, under the direction of active and careful persons, for transporting weekly five hundred barrels of meat across the communication in their respective states, as specified in Mr. Buchanan's proposals, 2 or on such other as they shall deem more eligible, and to open proper roads, if necessary, for such purpose.

2 “From the best information I can give on the subject, the inland route from N. Carolina is as to the shortest land carriage as at foot. As considerable supplies of pork, salt and other articles are to be looked for not only from Carolina but from the different rivers mentioned in the route, permit me to suggest to Congress the propriety of establishing boats and waggons at the several stages to be used at such times as the mouths of the rivers are in possession of the enemy.

“This communication being in the hands of the public would, if aided by the respective states effectually stop all pedling injurious to their service.”

“ Will. Buchanan C. G. P .

“York town 15 Jany. 1778.

“From South Quay, Albemarle, to Suffolk on James River 16 miles 13 Waggons

James River to York River 2 2 do

York River to Rappahanock 20 14 do

Rappahanock to Potomack 12 9 do

Bladensburgh, on Potomack, to Elkridge landing 25 17 do

75 55

“Thence to the head of Chesapeak bay is very rarely interrupted by the enemies ships.

“The waggons above mentioned would bring on stores equal in wt. to 500 bbs pork weekly w ch with the use of the bay when safe w d I expect answer the purpose in view.”— Note in the MS. Journal .

Resolved, That the said governors be desired to cooperate with each other in this matter, and to communicate, from time to time, to the Board of War, their opinions and proceedings relative thereto:

That the governors of the respective states above mentioned, be authorized to draw bills on the continental 0063 63 treasury, for such sums of money as may be necessary for procuring waggons and proper boats for the purposes specified in the foregoing resolution. 1

1 This report, dated January 17, is in the Papers of the Continental Congress , No. 147, I, folio 443. The Members present were Francis Lightfoot Lee, William Duer, John Harvie, Jonathan Bayard Smith, and Edward Langworthy.

A letter, of the 6th, from Brigadiers M'Intosh, Knox, Maxwell, Poor, Weedon, Huntington, Scott, Paterson, and Varnum, and

A letter, of the 12, from Major General Greene, respecting the promotion of General Conway, were read: 2

2 The joint letter is in the Papers of the Continental Congress , No. 162, folio 276; that of Greene is in No. 155, I, folio 51.

Ordered , To lie on the table.

A letter, of the 31 October last, from Mons r . Ferd. Joseph Sebast. de Brahme; one, of the 20, and one of the 31 December from Governor Clinton, ∥of New York,∥ and one, of the 7 and 8 inst. from Governor Livingston, of New Jersey, were read: 3

3 The letter of Clinton is in the Papers of the Continental Congress , No. 67, II, folio 98; those of Livingston are in No. 68, folios 317 and 321.

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

0064 64

A letter of 23 December from John Adams, was read, informing Congress of his accepting the office of commissioner to the court of France. 1

1 This letter is printed in the Revolutionary Diplomatic Correspondence (Wharton), II, 458.

Also a letter, of the 13, from General Washington, was read, 2 wherein he recommends “the Chevalier de Mauduit du Plessis to be promoted to the rank of lieutenant colonel,” and mentions that “the gallant conduct of this young gentleman, at Brandywine, Germantown, and his distinguished services at Fort Mercer, where he united the offices of engineer and commandant of artillery, entitle him to the particular notice of Congress;” that “he made several judicious alterations in the works at Red Bank, shewed great good conduct during the action, in which the Hessians were repulsed;” that “after the evacuation was determined on, he became the means of saving some valuable artillery and stores, and cheerfully undertook, as volunteer, the hazardous operation of blowing up the magazine, &c. without the apparatus usually provided upon such occasions;” adding in Mr. du Plessis's favour, “that he possesses a degree of modesty not always found in men who have performed brilliant actions:” Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 152, V, folio 271.

Resolved , That a brevet of lieutenant colonel be granted to the Chevalier de Mauduit du Plessis, as a reward for his services and an encouragement to merit; and that his commission bear date the 26 November, 1777, in order that the recompence may more immediately follow the services which he has done.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 20, 1778

Mr. [John] Henry, a delegate from Maryland, and Mr. G[ouverneur] Morris, a delegate from New York, attended, and took their seats.

Resolved , That the Board of War be directed to enquire of General Gates, whether he can go to camp, agreeable to his appointment, for the purpose mentioned in the resolution of the 10th instant and when he can set out on that business.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the Treasurer in favour of Whitehead Humphreys, for 3,022 61/90 dollars, being the balance of his account for steel he furnished Colonel Flower, commissary general of military stores, as per his deputy, Cornelius Sweer's certificate, and agreeable to a contract made by direction of the Board of War; the said commissary general to be accountable:

Ordered , That a warrant issue on the Treasurer in favour of Lawellin Barry, an express rider, for 200 dollars, to be advanced him; and for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 27.

Ordered , That a warrant issue on the Treasurer in favour of William Dodd, an express rider, for 200 dollars, to be advanced him; and for which he is to be accountable.

Resolved , That the resolution passed yesterday, repecting the pay of officers of the navy not in actual service, be re-considered.

The Board of War laid before Congress a letter of 8 January, from Governor Livingston, of New Jersey:

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

Adjourned to 3 o'Clock.

0066 66

Three o'Clock, p. m

A letter, of the 29 December, from General Schuyler, was read, wherein, among other things, he presses for a speedy enquiry into his conduct; Whereupon,

Ordered , That the committee appointed to enquire into the causes of the evacuation of Ticonderoga and Mount Independence, and into the conduct of the general officers in the northern department, proceed immediately on that business, and report to Congress on Monday next.

Resolved , That Mr. [James] Lovell be added to the aforesaid committee, in the room of Mr. [Francis] Dana, who is absent.

A letter, of the 12, from General Washington, and one, of the 17th, from Brigadier General Smallwood, respecting some captures taken in the Delaware, were read: 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, V, folio 263; that of Smallwood is in No. 161, folio 139.

Ordered , That they be referred to the Marine Committee.

A letter, of the 24 December last, from Samuel A. Otis, deputy cloathier general at Boston, was read:

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

A petition from sundry inhabitants of the western frontiers was read:

Ordered , That it be referred to the commissioners appointed to repair to the western frontiers:

The Board of War reported, that they have conferred with General Gates, and that he has offered such strong reasons for his not going to camp as induce them to report their opinion that he should be excused; and that one or two members of Congress be added to the committee. Whereupon,

Resolved , That General Gates be excused:

0067 67

The committee who conduct the business of the Board of War until the new commissioners for that Board meet, reported to Congress sundry reasons assigned by General Gates, why the members of the Board of War ought immediately to enter upon the business of their department; Whereupon,

Resolved , That General Gates, General Mifflin, and Colonel Pickering, be excused from attending upon the business recommended to them by the resolution of the 10th, and that General Mifflin, Colonel Pickering, and Colonel Trumbull, be directed immediately to repair to this place.

Resolved , That two more members be added to the committee appointed to repair to the camp, to execute the business prescribed in the resolution of the 10th ∥instant:∥ the members chosen, Mr. [Charles] Carroll and Mr. G[ouverneur] Morris.

A letter, of the 9th, from Thomas Webb, a prisoner at Bethlehem, directed to Mr. [Daniel] Roberdeau, was laid before Congress, and read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XXIII, folio 433.

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

The Board of War brought in a report:

Ordered , That the same be taken into consideration to morrow.

Ordered , That Mr. [Francis] Lewis have leave of absence for eight days.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 21, 1778

A letter, of the 18, from George Read, Esq r ., president of the state of Delaware, was read:

A letter of the 20th, from W. Buchanan, commissary general of purchases, was read. 1

1 The letter of President Read is in the Papers of the Continental Congress , No. 70, folio 643.

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

Congress according to the order of the day, resumed the consideration of the resolution passed 19th, respecting the pay of the officers of the navy, and sundry amendments being made, and some agreed to,

On motion, Resolved , That the original resolution, with the amendments, be referred to a committee of three:

The members chosen, Mr. G[ouverneur] Morris, Mr. [John] Harvie and Mr. [Abraham] Clark.

Ordered , That the committee sit on this business, and report this afternoon.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

The committee appointed to devise effectual means to prevent persons disaffected to the interest of the United States from being employed in any of the important offices thereof, brought in a report:

The Committee appointed to devise effectual means to prevent persons disaffected to the interests of the United States from being employed in any of the important Offices thereof, beg leave to report the follow Resolutions:

Resolved , That all Commissioned officers in the Army or Navy of these United States; the Commissioners of the Navy boards; the Quarter Master General, Deputy Quarter Master generals; Commissaries 0069 69 of forage, forage master; Commissaries of Stores, deputies and assistant quarter masters; the Commissary General and deputy Commissary generals of Purchases and issues, and their Deputies and assistant Commissaries; all Commissaries of other departments; all Officers of the Staff in the Army; the Treasurer, auditor general, Deputy auditor general and all other auditors and Commissioners of accounts; the Post Master, Surveyors and Comptroller general of the Post office, Postmasters and post riders; the Clothier General and his Deputies; the Director General deputy directors and all Surgeons and Physicians of the Hospitals and Army; and all clerks in every public office and Department, who are already appointed, shall within one month after notice hereof, and all such as may hereafter be appointed and accept of their appointments, immediately thereupon, previous to acting therein, severally take and subscribe the following oath (or if one of the people called quakers, Affirmation) (filling up the blank with their name and Office).

I —, do solemnly swear, or affirm, that I acknowledge the thirteen United States of America, namely, New Hampshire, Massachusetts Bay, Rhode Island and Providence plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia to be free Sovereign and Independant States, and that the people thereof owe no Allegiance or obedience to George the 3 rd , King of Great Britain, and that neither the said King, nor the Parliament of Great Britain, nor any foreign Prince, Power or Potentate whatsoever, ought to have any power, right, Authority or jurisdiction over the said United States or any of them, or the Subjects thereof. And that I will to the utmost of my power support maintain and defend the said United States against the said King George the third, his heirs and successors, and his and their agents, abettors and assistants, and will faithfully serve the said United States in the office I now hold, and in any other office, which I may hereafter hold by their appointment or under their Authority, according to the best of my Skill and understanding. So help me God.

Which oath or Affirmation the Commander in Chief or any Major General or Brigadier General is authorized and directed to administer to all Officers of the Army, or in any of the above mentioned Departments, whose business require their attendance with the Army. And all officers of the Navy to take the said Oath before the Commissioners of any of the Navy boards where Convenient, or otherwise before any 0070 70 Judge or Justice of the Peace in the State wherein they respectively reside or shall receive their Commission or warrant. And all commissioners of the Navy boards, Auditors, Commissioners of accounts, Commissaries, Quarter Masters, and all others officers before above mentioned whose business doth not require a steady Attendance with the Army, and who act in a Civil Department, to take the said Oath or affirmation before any Judge or Justice of the Peace of the State wherein they may Respectively reside.

And all persons whatsoever holding or who may hereafter be appointed to hold and exercise any of the above mentioned offices or appointments, or any other future office or appointment, ( excepting officers in the Military line of the Army Commanding Divisions, Brigades or in Battalions or companies and also officers commanding in the Navy ) shall at the time of taking the abovementioned Oath, or affirmation, also take an oath or affirmation of office in the following words.

I — —, do solemnly swear (or affirm) that I will faithfully truly and impartially to the utmost of my skill and understanding, execute the office of —, to which I am appointed under the United States of America, and render a true Account of all monies by me received or expended on public account and of all stores or other effects with me entrusted which belong to the said United States, and in all respects to the utmost of my ability, discharge the trust reposed in me with strict justice and integrity.

Which several oaths or affirmations being subscribed and attested, the person administering shall deliver the same to the Deponent or affirmant, together with a duplicate thereof in like manner subscribed and attested. And all officers in the Military line shall cause their Oath or affirmation to be delivered to the Commander in Chief or Commander of a separate Department under whom they serve, or such other person as by General orders shall be appointed to receive the same, which the Commander in Chief and Commander of each separate Department shall cause to be sent to the Secretary of Congress, retaining an exact list of all officers so qualified with their Rank and time of Qualifying. All officers in the Navy shall send or deliver their oaths or Qualifications to the Navy board most convenient, who are required to transmit the same, together with their own qualifications to the Marine Committee as soon as conveniently may be. And all other persons above directed to take the said Oaths or affirmations are required upon the taking and subscribing thereof to send or 0071 71 deliver the same to the Secretary of the State to which they respectively belong, or to such other person or persons as the Governor or President of such State shall direct, who is requested to cause the same when received to be transmitted to the Secretary of Congress. Each Deponent or affirmant to retain and keep the Duplicate of his Qualifications as a voucher of his compliance with the duty hereby enjoined him.

Resolved , That for the greater care and despatch in taking the before mentioned qualifications a Number of the forms thereof be immediately Printed, and sent to the Commander in Chief of the Army, the Commander in each separate Department, and to the Governor or President of each respective State.

Resolved , That if any officer of the Army or Navy or in any of the before mentioned Departments already appointed or who may hereafter be appointed and accepts of his appointment and neglects or refuses to take the before mentioned oath, oaths or affirmations, and to deliver the same in manner required as soon as time and Circumstances will admit, every such officer or person so neglecting or refusing shall be immediately Cashiered and forfeit two months' pay to the use of these United States, and be rendered incapable of serving in the Army, of the said States or of executing thereafter any office under Congress.

And whereas many persons employed as Deputy or assistant Commissaries, Quarter Masters or forage masters are dispersed in various parts of this Continent, over whom neither Congress or the head of their Department can have the immediate inspection, and many falsely call themselves publick officers in some Department,

Resolved Therefore that it be earnestly recommended to the Legislative and Executive Authority of each State to take effectual measures for preventing any person whomsoever within their State from exercising the Office of Commissary, Quarter Master, forage Master, or any other public employment who shall not be able to produce a legal appointment thereto together with a duplicate of the above oath or affirmation to any Magistrate when required, or who shall neglect or refuse to take the aforesaid oaths or affirmations, or who is of a doubtful and suspicious character, respecting either his integrity or Attachment to the interest of these States. And also to apprehend [arrest] confine or suspend every such officer who shall prove guilty of any Malpractices, or embezzle the Public money, or otherwise appear unfit or disqualified for such employment: and to appoint others in the room 0072 72 of those displaced untill the pleasure of Congress can be known, to whom a particular account thereof is to be immediately forwarded.

Resolved , That every person employed either as Commissary, Quarter Master, forage Master, or in any other Civil Department of the Army shall be subject to trial by Court Martial for neglect of duty, or other offence committed in the execution of their office, and upon conviction shall suffer death, or such other punishment as shall be adjudged by sentence of such Court Martial.

And every person in any civil Department of the Army, or in any other Civil Department under the United States of America not immediately serving in the Army with whom money or any public stores shall be entrusted, receiving salary, fee or reward for his services to the public, and who shall wilfully waste embezzle or misapply such money or stores, shall be deemed guilty of felony, and upon indictment and due proof thereof in a Court of Justice proper for trying such Offences in the State where committed, shall suffer death, or such other punishment as shall be adjudged by such Court.

Provided , no person shall be tried in any Court of Judicature for the same offence, for which he had previous thereto been tried by a Court Martial; or be arrested or called to trial by a Court Martial for any offence not expressly made cognizable before them, or for which the offender may be under arrest, indictment or imprisonment by the civil authority.

Resolved , That every person in the service of these United States shall be answerable for and liable to make good all Damage the United States have sustained or may sustain by his neglect of duty, embezzlement of public money or stores, or any other fraudulent practice; which damage and all debts or accounts due to the United States to be recovered in any Court of Record where the same is cognizable in the State where the Defendant may be found, at the suit of the Treasurer of the United States of America for the time being.

Resolved , That the Executive power of each respective State be, and they are hereby requested and fully empowered to superintend, and cause a strict inquiry to be made into the Conduct of all those in the Commissary's or Quarter Master's Departments, or in any other Civil Department under Congress within their State, and also arrest imprison, displace, or suspend all those in the above mentioned Departments who are under pay, and render no adequate service or shall be guilty of peculation, misapplication of Public money, embezzlement of stores, or live in idleness or extravagance in neglect of their duty, 0073 73 or who in any respect conduct themselves unworthy of the station they fill; and to appoint others, where such appointments may appear necessary, transmitting to Congress as soon as possible, the names, stations and ranks of all those displaced or suspended, with the offence occasioning the same and the names of those by them appointed. 1

1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress , No. 23, folio 33. See under February 3, 1778, post .

Ordered , That the same be taken into consideration to morrow.

The committee to whom was referred the resolution of the 19th, respecting the pay of the officers of the navy, and the amendments adopted and proposed, brought in a report, which was read;

Whereas sundry Officers lately belonging to Ships and Vessels of the United States of America, by reason of the Loss of such Ships and Vessels or otherwise are not now in actual Service, and other such Officers and Men are now and hereafter may be in Captivity,

Resolved , That the Navy Boards of the Several Districts do forthwith and thereafter once in every three Months make return to the Marine Committee of the Officers not in Service as aforesaid, and of their past Services or Neglect of Duty; that the Said Committee do from Time to Time dismiss such of the Said Officers as they may think proper, and that the Remainder do receive their Pay, but no Rations or Subsistence Money; and further,

Resolved , That the Officers and Men who are or may be in Captivity be allowed their full Pay and the same Provisions as when on Board the Ships in the Service of the Said States, deducting therefrom all such Provisions as may be issued to them respectively by the Commissary of Prisoners or any other Person on Account of the Said States. 2

2 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress , No. 28, folio 187.

Ordered , That the consideration thereof be postponed till to morrow.

A letter, of the 12, from the commissioners for Indian affairs in the northern department, enclosing a letter from the Rev. E. Wheelock, and intelligence from Colonel 0074 74 Bedell; one, of the same date, from James Duane, Esq r ., were read:

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

A letter of the 12, from Major General Schuyler, and one, of the 6th, from Major General Arnold, were read: 1

1 The letter of the Indian Commissioners is in the Papers of the Continental Congress , No. 166, folio 377; that of Schuyler is in No. 153, III, folio 264.

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

The Board of War reported,

That having conferred with Mr. Elias Boudinot, commissary of prisoners, on the 21 December, and carefully examined the evidences produced by him, they esteem it their duty to state to Congress the following facts, relating to the American prisoners in the power of the enemy:

That as far as can be collected from the testimony of prisoners and inhabitants, who have left the enemy, there are about 900 privates and 300 officers in the city of New York, and about 500 privates and fifty officers in the city of Philadelphia:

That the privates in New York have been crowded all summer in sugar houses, and the officers boarded on Long Island, except about thirty, who have been confined in the provost guard and in the most loathsome gaols:

That since the beginning of October all these prisoners, both officers and privates, have been confined in prison ships or the provost:

That the privates in the city of Philadelphia have been kept in the two public gaols, and the officers in the state house:

That from the best evidence which the nature of the subject will admit of, it appears that the general allowance of provisions at the most, does not exceed four ounces of meat and the same quantity of bread, (often so damaged as not to be eatable) per man per day, and oftimes 0075 75 times much less; although the professed allowance is from eight to ten ounces; and that the prisoners have been treated in general (officers not excepted,) with a cruelty scarce to be paralleled, and with the most studied and illiberal insult:

That it has been a common practice with the enemy, on a prisoner being first captured, to keep him three, four, and even five days, without a morsel of provisions of any kind, and then to tempt him to inlist with the new levies, in order to save his life:

That there are numerous instances of prisoners of war perishing in all the agonies of hunger from their severe treatment.

That being generally stripped of what cloaths they have when taken, they have suffered greatly for want thereof during their confinement:

That in the beginning of last summer, bills of exchange to the amount of £600 sterling, purchased of David Franks, British commissary of prisoners, residing within the jurisdiction of these states, were sent into New York for the relief of the prisoners; that every obstacle was thrown in the way to prevent the negotiation of these bills, and after a delay of two months, they were returned to Mr. Boudinot, the American commissary of prisoners:

That the American commissary of prisoners had permission to send in provisions from the Hudson's and Rariton rivers into New York, and to purchase cloathing there for about two months' past; but, on this condition, that the sloop, carrying the provisions, stop at the man of war stationed in the mouth of Hudson's river, where the hands are taken on board of the ship, and the agent for American prisoners in New York is obliged to send hands from thence to take the sloop over to the city and return her again to the man of war, which not only renders it very tedious and 0076 76 expensive, but prevents getting sloops for the purpose, as very few owners chuse to trust their vessels in the enemy's hands, and to remain prisoners on board of the man of war till the sloop returns:

That provisions, which have been sent into the city of New York for the subsistence of the American prisoners, have been prevented by a public ordinance from being sold at a higher rate than 45 s per c t . [hundred] for flour, although the current price of that article was six pounds per c. t [hundred], and it actually sold current at that price betwixt individuals, while the flour belonging to these states was sold at the ordinance price:

That the American prisoners 1 in the power of the enemy have not had any allowance made to them for their subsistance, although the British officers in the power of these states have been allowed, by a resolution of Congress, two dollars a week for their subsistance:

1 The original report has the word “officers.”

That in consequence of repeated remonstrances from General Washington to General Howe concerning the injurious treatment of prisoners in his power, General Howe, in his letter to General Washington in November last, promised, “that a commissary should be permitted to carry in a supply of cloathing, money and other necessaries for the prisoners in Philadelphia, and to visit the places where they were confined:”

That on a conference which passed betwixt Mr. Ferguson, the British commissary of prisoners, and Mr. Boudinot, the commissary of prisoners for these states, who was ordered by General Washington to visit the prisoners, agreeable to General Howe's promise, Mr. Ferguson said, that he was desired by General Howe to let Mr. Boudinot know, “that there could be no necessity for his coming into the city, as he would see that the 0077 77 prisoners were properly dealt by;” and Mr. Boudinot was not suffered to go in:

That, on this conference, Mr. Ferguson, the British commissary of prisoners, complaining of the inattention paid to the supplying of prisoners in their hands with cloaths, said, “that there was plenty of cloathing in Philadelphia, which we were at liberty to purchase for provisions, and to appoint agents for that purpose; that on Mr. Boudinot's expressing his doubt on this point, Mr. Ferguson shewed great surprize at his unbelief, and assured him repeatedly that full liberty to purchase cloathing would be granted:”

That Mr. Ferguson, in his letter of the 2d December says, “that permission will be given to send in cloathing to our prisoners, but that General Howe does not think fit to allow it to be purchased in Philadelphia.”

Congress taking into consideration the foregoing facts, and considering, that during the whole time in which the American prisoners have suffered such unparalleled rigour and insult, and every obstacle has been thrown in the way to obstruct their relief, the prisoners taken from the enemy have been plentifully supplied with provisions, either at the expence of these states or by commissaries in the service of the enemy, permitted to reside, and purchase, without controul, within the jurisdiction of these states; that their officers have been admitted, on their parole, in good quarters, and a weekly allowance made them; that few, even of their privates, have been, for any time, confined in gaol; but, on the contrary, that they have been permitted to work abroad, and to receive the full price of their labour; thereupon,

Resolved , That the allowance of two dollars a week to officers, who are prisoners of war to these United States, do cease, unless to those officers who may be entitled 0078 78 thereto by any contract made on or before their captivity or surrender: 1

1 These paragraphs were not in the original report, but are found as amendments in the Papers of the Continental Congress , No. 147, I, folio 541.

That neither David Franks, nor any other agent or person whatsoever, be permitted to negotiate bills within these United States for the supply of prisoners taken from the enemy, or to purchase provisions, or other necessaries for such purpose, within the jurisdiction of these states, except in the manner herein-after provided: 1

That every British commissary, or any other persons or agents, employed to supply prisoners taken from the enemy, with provisions, shall make returns of the prisoners under his or their respective care to the purchasing commissary of the district, wherein such prisoners are confined, who shall deliver a sufficient number of rations for their weekly or monthly subsistance, as circumstances shall render necessary, taking duplicate promissory receipts for the same, payable in thirty days after date, one of which receipts shall be forthwith transmitted to the commissary general of purchases, or to the deputy commissary general of the department in which the provisions are supplied:

That the provisions so received shall be paid for in the manner prescribed by the resolution of Congress of the 19 December last; and, in case the same shall be accounted for in gold and silver, the commissary general or deputy commissary of purchases receiving the same, shall remit it, without delay, to the Board of Treasury, in order that the same may be applied as a fund for relieving the distresses of the prisoners in the power of the enemy:

That, in case failure shall be made by any person signing such receipt, in discharging the amount, when it shall become due, no farther provisions shall be issued for the 0079 79 maintenance of the prisoners under the care of the person or persons so failing:

That, in return for the permission hereby given to purchase provisions of the American commissaries, for the use of the enemy's prisoners, General Washington be directed to demand of General Howe, liberty to purchase cloathing in such places as may be under his power, for the use of the American prisoners; the cloathing so furnished to be paid for either in gold or silver, or in provision, to be sent in and sold at the market price: and that,

In case General Howe should chuse to order provision and other necessaries to be sent out for the supply of the prisoners in our power, instead of the mode proposed by the former resolutions, he be permitted to send what supplies may, from time to time, be necessary, to such post as the American commissary of prisoners shall direct, which provision when sent out, shall be issued to the prisoners by persons appointed by General Howe for that purpose, provided that permits be granted by General Howe for transporting provisions either by land or water, as shall be most convenient, from the states of New York, New Jersey, Pensylvania, Maryland, and Virginia, for the use of the American prisoners in the cities of New York, and Philadelphia, and in the town of Newport, in Rhode Island; and the provisions so sent in, be issued out by commissaries or by other persons appointed for such purpose, by these states, who shall be permitted to reside at the places where the prisoners are confined:

That, in return for the permission given by the resolution of Congress of the 21 May, 1776, for a commissioned officer from the British army to visit monthly the prisoners in the power of these states, “in order to count their numbers and certify their rolls,” General Washington be directed to demand peremptorily of General Howe, a like 0080 80 permission, or to agree upon any other equal mode, for ascertaining the situation of the American prisoners, which shall be deemed most expedient; and in case of General Howe's refusal to give satisfaction on this point, that General Washington regulate his future conduct by the conduct of General Howe:

That General Washington be directed to require of General Howe the reasons why several officers in the service of these states, and other citizens, now in his power, have been so long confined either in the provostguard or loathsome gaols, and treated with such unparalleled rigor; and if General Howe shall refuse to make any answer to his requisition, within the space of five days, or give such reasons for the treatment of these unfortunate persons as shall not be justifiable by the laws of nations, General Washington be directed immediately to order a number of the enemy's officers, as nearly equal in rank and condition of life as possible, to the persons so confined without just cause, forthwith to be imprisoned, subsisted, and treated in the same manner as the persons above alluded to are imprisoned, subsisted, and treated; and that he be informed, that it is the expectation, and express order of Congress, that this mode of treatment, in general, be continued, changed, or suspended, as the conduct of the enemy, with respect to the American prisoners, shall, from time to time, render just and necessary, 1 without waiting for any special order from Congress for such purpose:

1 From this point to the end of the report the writing is that of William Duer.

That the commissary general of prisoners, and his respective deputies, be forthwith directed to call in all the officers and privates belonging to the enemy, and to confine them in such places, and order them to be subsisted and treated in such manner, as shall render their situation 0081 81 similar in all respects to that of the officers and privates who are prisoners with the enemy; and that they continue this mode of treatment, till such time as a change of conduct, on the part of the enemy, shall induce Congress, or the commander in chief of the armies of these states, to give directions for a different line of conduct on their part:

That it be recommended to the government of the respective states, where prisoners of war are confined, to give every assistance in their power to the commissary general of prisoners or his deputies, by putting them in possession of gaols or other proper buildings, and by furnishing them with guards, in order to enable them to execute the foregoing resolution.

And whereas, General Howe, by his letter to General Washington in November last, affects to make a distinction in the treatment of persons taken in arms, and of the faithful citizens of these states subjected to his power, in a manner not only contrary to reason and the principles of humanity, but inconsistent with the sentiments expressed by General Howe himself, in his letter to General Washington, dated Staten Island, 1 August, 1776:

Resolved , That General Washington be directed to require of General Howe an explanation of those parts of his letter of November, 1777, which imply this distinction, and the line of conduct which he means to observe for the future, with respect to such of the faithful citizens of these states as may be subjected to his power. 1

1 This report, January 21, is in the Papers of the Continental Congress , No. 147, I, folio 445.

Resolved , That a committee of four be appointed to prepare a manifesto on the injurious treatment our prisoners and faithful citizens receive from the enemy: the members chosen, Mr. [John] Witherspoon, Mr. J[onathan] 0082 82 B[ayard] Smith, Mr. [James] Lovell, and Mr. G[ouverneur] Morris.

¶Adjourned to 10 o'Clock to Morrow.¶

THURSDAY, JANUARY 22, 1778

A letter, of the 1st, from B. Harrison, deputy pay master general at Williamsburgh, and one, of the 21, from James Mease, cloathier general, at Lancaster, were read:

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

A letter of the 19, from Governor Johnson, of Maryland, was read:

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

A letter, of the 6th, and one, of the 8, from Major General Heath, at Boston, with copies of letters that passed between him and Lieutenant General Burgoyne, were read. 1

1 The letter of Johnson is in the Papers of the Continental Congress , No. 70, folio 241; those of Heath are in No. 157, folio 65, and in No. 57, folio 113.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Resolved , That a warrant issue on the Treasurer in favour of the Board of War, for two hundred thousand dollars, to be sent to Ebenezer Hancock, Esq r . deputy pay master general of the eastern district, who is to be accountable, and that the warrant for this sum and for the 100,000 dollars already ordered to him, be paid and the money forwarded, in preference to all warrants on the Treasury, excepting one drawn in favor of Jonathan Trumbull, Jun r , for 200,000 dollars. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 33.

Resolved , That two millions of dollars be emitted, under the direction of the Treasury Board, and on the faith of the United States:

0083 83

That the bills shall, excepting the numbers, be of the same tenor and date as the emission directed the 8th instant, be numbered from the last number of each respective denomination of that emission progressively, and consist of the following denominations, viz.

30,768 bills of the denomination of 3 dollars 92,304

30,768 do 4 do 123,072

30,768 do 5 do 153,840

30,768 do 6 do 184,608

30,768 do 7 do 215,376

30,770 do 9 do 61,540

30,770 do 8 do 246,160

30,770 do 30 do 923,100

2,000,000

That all powers and duties of Michael Hillegas, Esq r . and of the inspectors of the press, signers and printers of the emission directed on the 20 May last, shall extend to the said two millions now to be emitted, subject, however, to such directions and instructions as the Board of Treasury may judge expedient. 1

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

Ordered , That a warrant issue on the Treasurer, in favour of William Buchanan, Esq r ., commissary general of purchases, for 50,000 dollars, to be transmitted to the western district, for the use of the said commissary general's department; who is to be accountable:

That a warrant issue on the loan officer of Pensylvania, for 100,000 dollars, and one other on the treasurer for 50,000 dollars, in favour of James Mease, Esq r . cloathier general, to answer the draughts of his deputies in the several states, for cloathing purchased by them, and that he be directed to transmit to the Board of Treasury a list of the draughts which he shall have paid, with the money aforesaid, before he applies for further sums for 0084 84 this purpose; the said James Mease, Esq r ., to be accountable for the said draughts.

Resolved , That the cloathier general be directed to pay to Mr. Paul Zantzinger the balance which shall appear to be due to him for 650 suits of cloaths, or for any part thereof, which he has purchased by order of Brigadier General Wayne, upon Mr. Zantzinger's producing sufficient vouchers of the cost of the cloathing, and proper receipts of the delivery thereof. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 31.

Three o'Clock, p. m

Resolved , That the pay master general, or his deputies, be directed to pay the aids-de-camp of the Marquis de la Fayette, according to their rank, as the aids of other major generals are paid.

The Commercial Committee, to whom were referred the letters of Governor Johnson, of Maryland, and Mr. Buchanan, commissary general of purchases, brought in a report, which was taken into consideration; Whereupon,

Resolved , That the commissary general of purchases be directed to purchase, in the state of Maryland and Virginia, upon the most reasonable terms, such a quantity of salt as he may think necessary for the immediate use of the army; and that the president write to the governor of Maryland, thanking him for the pains he has taken on this matter, and requesting him to assist the commissary general in the business aforesaid.

The Board of War brought in a report on the several despatches received from the northern department, which was taken into consideration; Whereupon,

Resolved , That an irruption be made into Canada, and that the Board of War be authorized to take every necessary measure for the execution of the business, under 0085 85 such general officers as Congress shall appoint, and apply for such sums of money as may be thought by them proper and requisite for the expedition.

Ordered , That the appointment of the general officers ¶to conduct the irruption,¶ be postponed till to morrow.

A letter, of this day, from W. Palfrey, Esq r . pay master general, and one from W. Buchanan, commissary general of purchases, were read.

A petition from Isaac Zane, Joseph Janney, Benjamin Wright, William Jackson, John Parrish, and Joseph Wright, was presented to Congress and read: 1

1 The petition is in the Papers of the Continental Congress , No. 41, X, folio 732. It is dated January 21.

Ordered , That it be referred to a committee of three, who are directed to hear the petitioners:

The members chosen, Mr. [William] Ellery, Mr. [John] Henry, and Mr. [Abraham] Clark.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 23, 1778

A letter, of the 8, from E. Hancock, ∥deputy pay master general,∥ with his monthly account; one, of the 5th, from William Whipple, wishing to be excused from attending the enquiry into the cause of the failure of the late intended expedition against Newport.

A petition from Colonels Sheppard, Barley, Tupper, &c. was read. 2

2 The letter of Whipple is in the Papers of the Continental Congress , No. 78, XXIII, folio 429; the colonels' petition, dated January 10, is in No. 42, VII, folio, 47.

Resolved , That the resolution passed yesterday, directing the commissary general to purchase salt in Maryland and Virginia, be re-considered, and that the same, together with the letter from Governor Johnson, be referred to a 0086 86 committee of three: the members chosen, Mr. [James] Forbes, Mr. [John] Witherspoon, and Mr. J[onathan] B[ayard] Smith.

Three o'Clock, p. m

In consequence of an adjustment by the commissioners of claims, the deputy auditor general reports,

That there is due to a detachment of North Carolina continental troops, of the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, and 9th regiments ¶of that state,¶ commanded by Colonel John Williams, up to the 1st January, as per particular muster pay rolls, the sum of 3,959 dollars, which is to be advanced to Captain Benjamin Williams, who is to be accountable for the same: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 35.

Ordered , That the same be paid.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the commissioner of the continental loan office for the State of New Hampshire, for 50,000 dollars, in favour of the hon'ble the president and council of the said State, which is to be accountable:

Ordered , That a warrant issue on the treasurer, in favour of Robert Hyde Saunders, lieutenant in the Virginia State regiment, commanded by Colonel George Gibson, for 400 dollars advanced for the use of a party of said regiment now on their march to camp; the said Colonel Gibson to be accountable:

Ordered , That a warrant issue on the treasurer, in favour of the Board of War, for 1,000 dollars, for public service; the said Board to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 37.

0087 87

Congress proceeded to the election of general officers to conduct the irruption into Canada, and, the ballots being taken, major general the Marquis de la Fayette, Major General Conway, and Brigadier General Stark, were elected. 1

1 On the back of a Treasury report Thomson has noted the vote: “Fayette, 6; Conway, 6; Stark, 8; McDougall, 1; Glover, 1.” It is in the Papers of the Continental Congress , No. 136, II, folio 37.

A petition from Left Hall was read: 2

2 This petition, dated January 23, is in the Papers of the Continental Congress , No. 42, III, folio 337.

Ordered , That it be referred to the Marine Committee.

The committee appointed to consider the proposals contained in a letter to General Washington, from the committee lately sent to the camp, brought in a farther report, which was read and debated; and afterward referred to a committee of three.

The members chosen, Mr. James Smith, Mr. [William] Ellery, and Mr. [Eliphalet] Dyer. 3

3 This report is printed February 6 post. It is endorsed: “Recommitted to Mr. [James] Smith, [William] Ellery and Col. [Eliphalet] Dyer. Ordered to bring in their report on Monday next.”

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 24, 1778

The committee to whom the resolution of the 22d, respecting the purchase of salt in Maryland and Virginia, was recommitted, together with Governor Johnson's letter of 19 January, brought in a report, which was taken into consideration: Whereupon,

Resolved , That a letter be written to Governor Johnson, thanking him for the pains he has taken as to the purchase of salt, and accepting the 1,350 bushels mentioned in his letter, to be delivered to the order of the commissary general, who has undertaken to proceed in the purchase 0088 88 of what more is immediately necessary, agreeably to the information given by the governor on that subject.

The Board of War brought in a report, which was taken into consideration; Whereupon,

Resolved , That it be earnestly recommended to the government of the State of New York, forthwith to call out four hundred militia of that State, under the command of an active and vigilant officer, to serve for the space of four months, under the command of the officer commanding in the northern department; the said militia, when raised, to repair to Albany.

The committee to whom was referred the report under debate yesterday, brought in a report, which was read: ∥after debate,∥

Resolved , That the same, together with the report referred, be re-committed; and that the committee be directed to bring in another report on Monday next.

The Marine Committee, to whom were referred the letters of General Washington and General Smallwood, respecting the capture of several vessels and goods by detachments of the main army, brought in a report, which was taken into consideration; Whereupon,

Resolved , That the vessels and goods lately captured as aforesaid, ought to be libelled in the court of admiralty in that State where the capture was made; but if no such court should be erected in that State, then the prosecution should be in the court of such State as the captors may find convenient, the judge whereof, on condemnation, will order distribution to be made agreeably to the resolution of Congress; and that six printed copies of the extracts of the journals of Congress relative to the capture and condemnation of prizes, &c. be transmitted to General Washington and General Smallwood.

0089 89

A letter, of the 22, from Samuel and Robert Purviance, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 161.

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

The Committee on the Treasury brought in a report, which was taken into consideration: When,

Ordered , That a warrant issue on the treasurer, in favour of Colonel William Buchanan, Esq r , commissary general of purchases, for 300,000 dollars, to be advanced for the use of his department; and for which he is to be accountable:

That a warrant issue on the treasurer in favour of Major John Clark, for 27 84/90 dollars, being for his expences attending the Board of Treasury, by their order, and for two pair of shears purchased by him for the use of the auditors at headquarters:

That a warrant issue on Thomas Harwood, Esq r . commissioner of the continental loan office for the State of Maryland, for 20,000 dollars, in favour of his Excellency Governor Johnson, for the purpose of recruiting the continental army in that State; the said State of Maryland to be accountable:

That a warrant issue on Joseph Borden, Esq r . commissioner of the continental loan office for the State of New Jersey, for 10,000 dollars, in favour of his excellency the governor of the said State, to be paid out of the first money brought into the office, for the purpose of recruiting the continental batallions of the said State; which is to be accountable:

That a warrant issue on the treasurer in favour of Colonel Benjamin Flower, commissary general of military stores, and to be delivered to his deputy Cornelius Sweers, 0090 90 for 50,000 dollars, for the use of his department; the said commissary general to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 39.

It was moved, that Congress sit but once a day:

To this the previous question was moved, and after debate,

The determination thereof was, at the request of a State, postponed.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 26, 1778

The Committee on the Treasury brought in a report, which was taken into consideration:

Ordered , That a warrant issue on the treasurer in favour of Colonel John Williams, for thirteen thousand dollars, to be advanced him for purchasing 12 waggons, with horses, for the purpose of transporting a quantity of goods, purchased by the cloathier general in the State of North Carolina; the said Colonel Williams to be accountable:

Ordered , That the following warrants issue in favour of Alexander Rose, for the payment of Samuel A. Otis, his five drafts, on James Mease, Esq. cloathier general; one, dated the 19 December, for 24,000 dollars, in favour of John Tracey; one, dated 22 December, in favour of Alexander Rose, for 40,000 dollars; one, dated 22 December, in favour of Alexander Rose, for 10,000 dollars; one, dated 25 December, in favour of Jonathan Jackson, for 23,333 ⅓ dollars; and one, in favour of Isaac Sears, for 13,333 ⅓ dollars, amounting in the whole to one hundred and ten thousand six hundred and sixty six dollars and two thirds of a dollar, being for the payment of cloathing, 0091 91 purchased in the State of Massachusetts bay, by the said Otis, for the use of the army; the said cloathier general to be accountable, viz.

A warrant on the treasurer for 50,666 ⅔ dollars.

One on the commissioner of the continental loan office in the State of South Carolina, for 25,000 dollars; and,

One on the commissioner of the continental loan office in the State of Virginia, for 35,000 dollars.

Ordered , That a warrant issue on the treasurer in favour of Colonel Kermovan, engineer, for 180 dollars advanced him on his pay; for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 41.

A letter, of the 24, from Major General Gates, president of the Board of War; one, of the 20 December, from John Langdon, Esq. at Portsmouth, directed to the Marine Committee, with a bill of exchange enclosed; one, of the 15 December last and 10th instant from Jonathan Trumbull, Jun r . Esq r ., deputy pay master general ∥in the northern department, were read:∥ 2

2 The letter of Gates is in the Papers of the Continental Congress , No. 147, I, folio 453. The warrant for 10,000 dollars, mentioned in the afternoon's proceedings, was the result. The letter of Langdon is in No, 78, XIV, folio 197.

Ordered , That the two last be referred to the Board of Treasury.

One, of this date, from W. Buchanan, Esq r ., commissary general of purchases; one, of the 16, from Governor Trumbull, of Connecticut, by the Chevalier de Gascey; one of the 5th, from Governor N. Cooke, of Rhode Island and Providence Plantations; one, of the 13, from Governor Trumbull, of Connecticut, were read:

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

Resolved , That Congress highly approve the conduct of the governor and council of safety of Connecticut, in the appointment of Mr. Champion, and their other measures 0092 92 for providing public stores and provisions; and depend upon their constant attention to this important object.

A letter, of 16, from Governor Trumbull, of Connecticut, was read:

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

A letter, of the 24, from Major J. Clark, was read: 1

1 Buchanan's letter is in the Papers of the Continental Congress , No. 78, II, folio 371; letters of Trumbull are in No. 66, I, folios 359, 365 and 372; that of Cooke is in No. 64, folio 398; that of Clark is in No. 78, V, folio 129.

Ordered , To lie on the table.

Three o'Clock, p. m

A letter, of the 25, from Dr. Rush, was read:

One, of the 22, from Col. de la Balme, was read: 2

2 The letter of La Balme is in the Papers of the Continental Congress , No. 78, VII, folio 151; that of Rush is in No. 78, XIX, folio 197.

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

Resolved , That Mr. [John] Witherspoon and Mr. [Daniel] Roberdeau be added to the committee on the commissary's department.

Congress took into consideration the letter from Major General Gates, president of the Board of War; Whereupon,

Ordered , That 10,000 dollars be advanced to the Board of War, for contingent expences; the said Board to be accountable.

The committee appointed to enquire into the causes of the evacuation of Ticonderoga and Mount Independence, and into the conduct of the general officers in the northern department, at the time of the evacuation, reported that they were not yet ready to report.

Adjourned ∥to 10 o'Clock to Morrow.∥

TUESDAY, JANUARY 27, 1778

On a representation from the committee appointed to enquire into the causes of the evacuation of Ticonderoga, &c.

Resolved , That Mr. James Smith be added to the foregoing committee.

A letter, of the 13, from Col. Radière. at Fish Kill, was read:

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

A letter, of 31 December last from Egbert Benson, Esq r . was read, representing, that, for sundry reasons, he cannot attend the enquiry into the cause of the failure of the late intended expedition against Rhode Island.

A letter from Mons. la Neuville; one, of the 23, from General Washington; one, of the 26, from Major General Conway, in recommendation of Mons. la Neuville, were read:

Ordered , To lie until the committee, sent to the camp, shall return, and make report.

A letter, of the 26, from General Gates, president of the Board of War, was read:

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

A letter from Dr. Shippen, director general of the hospital, and one from Dr. Brown, ∥both directed∥ to the Medical Committee, were laid before Congress, ∥and read:∥ 1

1 This letter is in the Papers of the Continental Congress , No. 78, XX, folio 175.

Ordered , That the same, together with the letters some time since received from Dr. Shippen and Dr. Rush, and Governor Livingston, relative to the hospital department, be referred to a committee of five, and that the committee be instructed to confer with Dr. Shippen and Dr. Rush, and report specially:

0094 94

The members chosen, Mr. [John] Witherspoon, Mr.[John] Penn, Mr. [James] Lovell, Mr. [Elbridge] Gerry and Mr. [Daniel] Roberdeau.

Three o'Clock, p. m . 1

1 The handwriting here changes from Charles Thomson to Jacob Rush, an assistant secretary.

Resolved , That to morrow be assigned for the appointment of a general officer to relieve General Spencer, in his command, at Rhode Island and Providence Plantations.

The Committee on the Treasury report,

That a warrant issue on John Lawrence, Esq r . commissioner of the continental loan office for the State of Connecticut, in favour of his excellency the governor and council of safety of said State, for two hundred thousand dollars to be appropriated by them for the purchase of provisions for the use of the continental army; the said governor and council to be accountable:

That a warrant issue on the treasurer in favour of the Marine Committee, for twelve thousand dollars, in discharge of John Langdon, continental agent at Portsmouth, in New Hampshire, his draught on said committee, dated the 20th December last, in favour of Stephen Hooper, Esq r . for that sum; the said committee to be accountable:

That a warrant issue on the treasurer in favour of William Buchanan, commissary general of purchases, for one hundred thousand dollars, to be transmitted by him to Mr. Colt, for the purpose of purchasing provisions in the eastern district, for the use of the army; the commissary general to be accountable:

That a warrant issue on the treasurer in favour of the delegates of the State of Massachusetts bay, being an advance to, and to be accounted for by the said State, for the sum of two thousand dollars:

0095 95

That a warrant issue on the treasurer in favour of the delegates from the State of Connecticut, for five hundred dollars, advanced upon application of the hon'ble Eliphalet Dyer, 1 a delegate of said State; the said State to be accountable; 2 Whereupon,

1 Here the writing changes from that of Jacob Rush to that of Belcher P. Smith, one of the assistant secretaries.

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 43.

Ordered , That warrants issue accordingly.

Adjourned to 10 o'Clock to Morrow morning.

WEDNESDAY, JANUARY 28, 1778

A letter of the 28th, from Jacob Rush, requesting to resign his office of deputy secretary.

One, of the 26th, from the council of Pensylvania; and one of the 26th, from Gouverneur Morris, at camp, were read: 3

3 The letter of Rush is in the Papers of the Continental Congress , No. 78, XIX, folio 201; that of Morris is in No. 78, XV, folio 295.

Ordered , That the two last be referred to the Board of War.

A letter, of the 23 December from S. A. Otis, directed to J. Mease, ∥cloathier general,∥ with one enclosed of the 10 December from J. Trumbull, was read:

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

A letter, from Henry Hay, of the 12th, with return of cannon found at Ticonderoga inclosed, &c. was read:

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

One of from E. Allen to was read.

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

The Committee on the Treasury brought in a report, ¶which being read,¶ Whereupon, on motion,

Ordered , That it be referred to the committee appointed to take into consideration the state of Georgia.

0096 96

In pursuance of an adjustment of accounts by the commissioners of claims, the auditor general reports,

That there is due to Captain Benjamin Williams, acting as pay master to the Virginia and North Carolina troops in this town, by the appointment of the Board of Treasury, for the balance of the pay due to a detachment of the 1, 2, 4, 5, 6, 9, 10, 12, 14, 15, and 16 regiments of Virginia troops; for an advance to a drill serjeant, and for his services as pay master from the 1st to the 27 instant the sum of 80 dollars: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 45.

Ordered , That the said account be paid.

Resolved , That the resignation of J. Rush be accepted.

Resolved , That the Marquis de La Fayett, or the general officer commanding an expedition into Canada, be furnished with bills of exchange drawn by the President of Congress on the commissioners of the United States in France to the amount of thirty thousand French livres; the said sum to be by him appropriated in such manner, as his own prudence may suggest, and the exigencies of affairs shall render conducive to the public interest.

The committee to whom the petition from Isaac Zane, &c., was referred, and who were directed to confer with the petitioners, reported verbally that they have had a conference with them.

The committee appointed to hear the Petition of Isaac Zane, Joseph Janney, Benjamin Wright, &c., beg leave to report:

That they have heard the Petitioners who have committed their Sentiments to writing in the form of an Address, which, with a Testimony, given forth from a yearly meeting of Friends held at Philadelphia, for Pennsylvania and New Jersey, by Adjournments, from the 29th day of the ninth month to the 4th of the tenth month inclusive, 1777, agreeably to their request, your committee herewith present to Congress. 2

2 This preamble of a report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 53, folio 77. A petition of Zane and others, dated January 27, is on folio 79.

0097 97

Ordered , That the consideration of this matter be postponed till to morrow. 1

1 These two paragraphs are in the writing of Charles Thomson.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 29, 1778

A letter, of the 28th, from Brigadier Fermoy, was read:

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

In pursuance of an adjustment of accounts by the commissioners of claims, the auditor general reports,

That there is due to Brigadier General Thompson, for sundry advances made upon his credit by Mr. Freeman and Mr. Cord, merchants in Quebec, to sundry officers and wounded soldiers, who were made prisoners there, the sum of 2,343 33¾/90 dollars, which sum is to be accounted for as follows, viz.

Colonel Christopher Green, for himself and officers, 1,340 31/60 dollars; Captain now Colonel Daniel Morgan, 421 21/60 dollars; Captain now Colonel John Lamb, 229 12 ½/60 dollars; Lieutenant now Major Francis Nichols, 64 53/60 dollars; Captain Moses M'Clane, 34 39/60 dollars; army, for advances to wounded soldiers, 252 46/60 dollars; add ½ to the fractions, 11¼ of a dollar; making in the whole, 2,343 33¾/90 dollars:

That there is due to Brigadier General Thompson, for his pay from the 1st of May to the 31st of December, 1777, and for his rations from the 1st March to the 31st July, the sum of 1,164 dollars: 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 47.

Ordered , That the said account be paid.

The Committee of Treasury brought in a report: Whereupon,

0098 98

Resolved , That a warrant issue on the treasurer in favour of the delegates of the State of New York, for thirteen hundred dollars, advanced upon the application of the Honorable William Duer, a delegate of that State, the said State to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 49.

A memorial from Lieutenant Colonel Thomas Dyer, was read, representing his early and continued services in the army, and his loss of health, for the recovery of which he had obtained from the general, a furlow for six weeks, and praying, as his furlow is near expiring, and his state of health is such as renders him utterly unable to bear the fatigues of the service, that, for that reason, he may have leave to resign his commission: 2

2 This paragraph is in the writing of Charles Thomson. The memorial is in the Papers of the Continental Congress , No. 41, II, folio 433.

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

Congress resumed the consideration of the petition of Isaac Zane, &c.; Whereupon,

Resolved , That the prisoners now at Winchester in the State of Virginia, who have been apprehended by the government of Pensylvania, in consequence of the resolutions of Congress of 28 August, 1777, be discharged from their confinement on their taking and subscribing either the oath or affirmation of allegiance as prescribed by the laws of Pensylvania, or the following oath or affirmation, at the option of the persons confined, viz.

“I, A. B. do swear, or affirm, that I acknowledge myself a subject of the State of Pensylvania, as a free and independent State, and that I will, in all things, demean myself as a good and faithful subject ought to do.”

Ordered , That the President write to the governor of Virginia, and inform him of this resolve.

Congress took into consideration the report of the committee appointed to devise effectual means to prevent 0099 99 persons disaffected to the interest of the United States, from being employed in any of the important offices thereof, and after debate,

Ordered , That it be re-committed.

A motion being made for preventing abuses by officers in the civil departments of the army,

Ordered , That it be committed to the foregoing committee. 1

1 These three paragraphs are in the writing of Charles Thomson.

Three o'Clock, p. m

A letter, of the 16, from Edenton, from Messrs. Hewes and Smith, was read:

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

A letter, of the 19th, from F. Hopkinson, one of the commissioners of the Navy Board, concerning the conduct of Captain Barry, was read: Whereupon,

It was moved, that it be

Resolved , That Captain Barry be not employed on the expedition assigned to his conduct by the Marine Committee, till further orders of Congress.

It was previously moved to add after the word “conduct,” by the approbation of Congress , and the question being put, it was resolved in the affirmative.

The question was then put on the motion as amended, and the house being equally divided, it passed in the negative.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 30, 1778

Thomas M'Kean, a delegate from the Delaware State, attended, and produced the credentials of his appointment, which are as follows:

In Council, Wednesday, p. m . December, 17, 1777 .

Whereas, Cæsar Rodney, Nicholas Vandyke, and Thomas M'Kean, esqrs, have been chosen by joint ballot of the two houses of assembly to represent Delaware state in the Continental Congress: Resolved , That they, or any one or more of them, are hereby fully authorized and empowered, for and in behalf of this state, to concert, agree to and execute any measure which they or he, together with a majority of the Continental Congress, shall judge necessary for the defence, security, interest, and welfare of this state in particular, and America in general; with power to adjourn to such times and places as shall appear most conducive to the public safety and advantage.

Extract from the minutes,

Benjamin Vining , Clerk of the Council .

Sent up for concurrence.

In the house of assembly, eodem die .

Read and concurred in,

Samuel West , Speaker .

I do certify, that the foregoing is a true extract from the minutes of the council.

Benjamin Vining , Clerk of the Council .

The Committee of Treasury brought in a report: Whereupon,

Resolved , That a warrant issue on the treasurer in favour of Dr. Jonathan Potts, deputy director general of the hospitals in the northern department, for twenty thousand dollars for the use of his district; the said deputy director general to be accountable.

0101 101

A letter, of the 30th, from Edward Stevens, desiring leave to resign his commission, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XX, folio 183.

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

A letter of the 26, from General Washington directed to General Gates, was read: 2

2 The draft of this letter is in the Washington Papers , A, III, folio 201. See Pennsylvania Archives , VI, 200, 201, 214.

Ordered , That the same be returned to the Board of War, and that the Board be directed to enquire minutely into the number and rank of the commissioned and noncommissioned officers who have come out of Philadelphia with cloathing for the prisoners taken from the enemy, and into the conduct of all the persons who compose the escort, whilst they have been on the route, and that they report specially to Congress the result of their enquiry.

Three o'Clock, p. m

A letter, of the 17th, from Brigadier General Hand, with one enclosure, was read:

Resolved , That the consideration of the said letter and its enclosure, be postponed.

A letter, of this day, from Dr. Rush, requesting leave to resign, was read; 3

3 This letter is in the Papers of the Continental Congress , No. 78, XIX, folio 205.

Resolved , That his resignation be accepted.

A letter, of this day, from Brigadier Fermoy, and one from Monsieur Kermovan, were read:

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

An account of Archibald Steel was presented:

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

The Board of Treasury brought in a report:

Ordered , That it be re-committed.

0102 102

The Board of War brought in a report, accompanied with sundry papers:

At a Board of War , Jan y . 28 th 1778

Present. The President [Gates], Genl. Mifflin, M r . Peters.

The Board taking into consideration the situation of the Quarter Master Gen ls Department, which should immediately be organized, and put in full vigour and motion: beg leave to Report.

That large sums of money are immediately wanted, for the business of this Department; without the speediest supply whereof, as well for the payment of arrears, as for procuring articles wanted for the next Campaign, the Department must irretrievably suffer, and the Army of consequence be reduced to the greatest distress, and retarded in its operations the ensuing season. The want of Cash, the Board cannot help mentioning is not peculiar to this Department, but is a complaint made, by almost all the Officers in the civil Departments in the Army.

[Motion] 1 That (either) an Officer of rank, Activity and well acquainted by experience, with the business of the Quarter Master Genl., be immediately appointed to that Office; with power to arrange the Department, with the approbation and concurrence of the Board of War; or the following plan be adopted for carrying this important business into immediate execution, and the necessary Officers appointed agreeable thereto.

1 A word not in the original report.

1 st The Military Line to be stiled the Quarter Master General's, which includes the regulating of marches, encampments, order of battle &c. &c, and a long retinue described in all the books of the profession. This Officer to handle no cash, besides his salary; and small occasional sums, to defray petty expences in the Army.

2 nd . That the Commissary of Forage to be confined to that article in his purchases.

3 rd . The Commissary for Horses and Waggons.

4 th . The Agent for the purchase of Tents, intrenching Tools, building of Barracks, and for all the smaller supplies of the Department, such as paper &c. The three last to be governed in their purchases by the estimates, and orders of the Quarter Master General or the Board of War.

0103 103

The Board have sent the estimates furnished by the late Quarter Master General for the inspection and information of Congress. 1

1 The last paragraph is in the writing of Richard Peters.

This report is in the Papers of the Continental Congress , No. 147, I, folio 457. It is endorsed by Charles Thomson, “Postponed. The last plan proposed by the Board, adopted February 5.”

Resolved , That the consideration thereof be postponed.

On motion, Ordered , That the quarter master general immediately prepare and render an account to Congress of all his public expenditures.

The committee to whom was referred the report of the committee appointed to consider of the proposals contained in a letter to General Washington, from a committee lately sent to the camp, brought in a report, ∥which was read;∥ Whereupon,

Resolved , That it be re-committed, and that Mr. [Thomas] M'Kean be added to the said committee.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 31, 1778 3

3 This letter is in the Papers of the Continental Congress , No. 78, XV, folio 301.

A letter of the 29 from J. Mease, Esq. with one enclosed from S. Caldwell, was read: 4

4 This letter is in the Papers of the Continental Congress , No. 33, folio 71.

Ordered , That it be referred to a committee of three: the members chosen, Mr. F[rancis] L[ightfoot] Lee, Mr. [James] Lovell, and Mr. [William] Duer.

A letter, of the 28, from the committee at the camp, was read, representing the necessity of appointing, without delay, a quarter master general. 5

Congress resumed the consideration of the report from the Board of War, respecting the quarter master's department; Whereupon, it was moved,

4 From this point the writing is that of Charles Thomson.

0104 104

“That an officer of rank, activity, and well acquainted by experience with the business of quarter master general, be immediately appointed to that office, and that he be empowered to arrange the department with the approbation and concurrence of the Board of War:”

To this an amendment was moved to strike out what follows “office” and insert: “immediately to enter upon the execution thereof, under the present regulations, and that the quarter master be directed, in concurrence with the Board of War, to prepare a new arrangement for that department, to be laid before Congress for consideration.” After debate,

It was moved, That the consideration of the subject be postponed till Monday:

New Hampshire, Mr. Frost, ay ay Massachusetts Bay, Mr. Gerry, * Lovell, no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Dyer, ay ay New York, Mr. Duer, no * New Jersey, Mr. Witherspoon, no. div. Clark, ay Pensylvania, Mr. Roberdeau, no Clingan, ay div. James Smith, no J. B. Smith, ay Delaware, Mr. M'Kean, no no Maryland, Mr. Henry, no * Virginia, Mr. Lee, no * North Carolina, Mr. Penn, no no South Carolina, Mr. Laurens, ay ay Georgia, Mr. Wood, no no

So it was resolved in the affirmative.

The Board of War brought in a report, which was taken into consideration; Whereupon,

0105 105

Resolved , That the resignation of Colonel Stevens be accepted.

Resolved , That the Baron Holzendorf have leave to resign his commission of lieutenant colonel, and have liberty to depart for France:

That Brigadier General de Roche Fermoy have leave to resign his commission in the service of these states, and liberty to depart for France:

That it be referred to the Board of Treasury to consider and report whether any and what compensation shall be made to the two last gentlemen for their losses, and what sums shall be paid them to defray their expences home.

The Board of War brought in another report on Indian affairs, which was read:

At a Board of War Feb y . 1 st . 1778

Present General Gates and Mr Peters.

The Board taking into consideration the letters on Indian affairs, Agreed to Report:

That it is impossible for this Board, to determine the Language which ought, with Propriety, to be held out to the indians at the intended Treaty at Johnstown, in the State of New York, as the Addresses to them should be adapted to such as are received upon the Occasion from their side, and as Exigencies point out. Soothing them, will certainly produce Contempt, and inspire them with an Idea of our Unimportance. They therefore would humbly suggest, that the Commissioners be instructed to speak to them, in a Tone becoming the Representatives of Free and Independent States, and such as will convince them that we feel that we are so. Every Species of Insult or threat, should be retaliated; but the Commissioners are or will be, the best Judges whether, from the Temper they find among the Indians supposed to be disaffected, it will be right to insist upon their taking an Active Part in our Favor, as, according to their representation, it seems doubbtful against whom they will Act, when they are permitted to embody.

The Expedition now on Foot, will, according to its Success have great Operation upon Indian Affairs; therefore the Board are of Opinion, that at this Time a solid Judgement cannot be formed, concerning future proceedings; and that therefore the Commissioners should be 0106 106 strengthened as to Number; and invested with discretionary Powers to Speak, or Act, as Occasion may require; and they should be assured that Congress will support them in any Measures they think proper to adopt.

That the Commissioners be informed, how impossible it is to procure Blankets for Covering our Troops, and therefore their Request of 5, or 600 for the Indians, cannot be complied with, unless they can purchase them; which they should be Authorized to do, or wait the Event of the Expedition; unless they can be procured out of the Public Stores to the Eastward; in which case the Commissioners be invested with Power to order the Number required to be sent to Johnstown.

That the Commissioners be Authorized, and directed, to Comply with Mr Wheelock's request, as to the Maintenance and Education of the Indian Children.

That they be acquainted, that the Hard Money in the Chest at Albany, is ordered up to Co'os for the intended Expedition.

The Board beg Leave to Suggest the Necessity of Genl. Schuyler's Presence at the Treaty. 1

1 This report, dated February 1, is in the Papers of the Continental Congress , No. 147, I, folio 465. See under February 2.

Ordered , That it be referred to a committee of three. The members chosen, Mr. [Thomas] M'Kean, Mr. [William] Ellery, and Mr. [Abraham] Clark.

The Committee of Commerce laid before Congress an account received from Captain Willing:

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

Adjourned to 10 o'Clock on Monday.

MONDAY, FEBRUARY 2, 1778

A letter, of the 31 January, from the Board of War, was read:

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

A letter, of this day, from General Gates, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 154, I, folio 324.

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

The members chosen, Mr. [Thomas] M'Kean, Mr. [James] Forbes, and Mr. James Smith.

0107 107

The Board of War brought in a report, which was taken into consideration: Whereupon,

Resolved , That General Washington be informed that in compliance with the request of the Marquis de la Fayette, Congress are willing that Major General McDougal should proceed on the intended incursion into Canada, if his state of health will admit of it; but if not, that the Baron de Kalb be directed to follow the Marquis on the said expedition in case General Washington shall judge it proper. That it is not, however, the intention of Congress that the Marquis should be detained till General McDougal's intention can be known, as the success of the expedition depends upon its being executed without loss of time.

That in compliance with the request of the Marquis de la Fayette, commissions be granted to the following French gentlemen, who have produced to the Board of War credentials of their rank and military merit in the French service, and are moreover recommended by the Marquis to be employed under him, agreeable to their respective ranks in the intended incursion into Canada; [the said officers to be appointed to the command only of such Canadians as may be embodied in Canada,] 1 viz:

1 The words in brackets were added by another hand in the original report.

Mons. Jimat, at present aid de camp to the Marquis de la Fayette, to be appointed lieutenant colonel.

Mons de Vrigny to be appointed Lieut: Colonel

Chev r de Pont Gibaut Major

Mons de Sigonie Captain

Mons de Lomagne Captain

Baron de Frey Captain 2

2 A letter of Lafayette, dated January 31, 1778, on the Canadian expedition, is in the Papers of the Continental Congress , No. 156, folio 5. It was referred to the “old Board of War.”

0108 108

Resolved , That Mons. des Epiniers, now a captain in the service of these states, be advanced to the rank of major, in consideration of the services rendered by his uncle, Mons. de Beaumarchais, and of his having served with reputation in the American army. 1

1 This report is in the Papers of the Continental Congress , No. 147, I, folio 469. The members present were Gates, Francis Lightfoot Lee, William Duel and Peters.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of Jacob Rush, for 125 dollars, for his pay as deputy secretary, from the 7th November to the 28 January, deducting one month that he was absent, at 75 dollars a month. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 51.

In consequence of an adjustment by the commissioners of claims, at the treasury, the auditor general reports,

That there is due, on a pay roll of a company of guards stationed at Carlisle for the purpose of guarding stores, &c, commanded by Major James Armstrong Wilson, commencing the 6th day of October, 1777, and ending the 31 January, 1778, inclusive, the sum of 1,149 30/90 dollars:

That there is due to a detachment of continental troops belonging to Brigadier General Wayne's division, stationed at Carlisle, under the command of Major Wilson, for guarding stores, &c. from the 8 December, 1777, to the 31 January, 1778, inclusive, the sum of 135 dollars, both which sums, amounting to 1,284 30/90 dollars, should be paid to Major Wilson: 3

3 This report is in the Papers of the Continental Congress , No. 136, II, folio 53.

Ordered , That the said sums be paid accordingly.

0109 109

Three o'Clock, p. m

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on Joseph Clark, Esq. commissioner of the continental loan office for the State of Rhode Island, for sixty thousand dollars, in favour of James Mease, Esq. cloathier general, to be transmitted by him to Samuel A. Otis, for the payment of cloathing purchased for the use of the army:

That a warrant issue on Nathaniel Appleton, Esq r . commissioner of the continental loan office for the State of Massachusetts bay, in favour of James Mease, Esq. cloathier general, for one hundred thousand dollars, to be transmitted by him to his deputy, Samuel A. Otis, for the payment of cloathing purchased for the use of the army; for which two sums the cloathier general is to be accountable.

Resolved , That a set of Bills of Exchange be drawn by the President on the Commissioners in France for six hundred Postponed. Livres Tournois, in favor of Lieutenant Fouquet, one of the officers of the late Mons. Du Coudray's Corps, it being for his gratification, allowed by Mr. Deane in France, and not included in the settlement with Mons. Le Brun on the 13th November last. 1

1 See under February 4 post .

Ordered , That the warrant on the treasurer of the 22d January, in favour of the Board of War, for two hundred thousand dollars, to be sent to Ebenezer Hancock, Esq r . deputy pay master general of the eastern district, be returned by the Board of War to the Treasury Board and cancelled, and that a warrant issue in favour of the said Ebenezer Hancock, on Joseph Clarke, Esq r . commissioner of the continental loan office in the State of Rhode Island, for one hundred thousand dollars; and a warrant 0110 110 in favour of the Board of War, to be drawn on the treasurer, for one hundred thousand dollars, to be transmitted to the said deputy pay master general, who is to be accountable.

That a warrant issue on the treasurer in favour of the Board of War, for two hundred thousand dollars, to be transmitted by them to Jonathan Trumbull, Jun r . deputy pay master general for the northern district, which sum the treasurer is directed to have in readiness on Monday next; the said deputy pay master general to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 55.

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

2 This letter is in the Papers of the Continental Congress , No. 147, I, folio 477.

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

A letter from Mons. la Neuville, and one from Charles Frederick Bedaulx, were read:

Ordered , That they, together with the letters of Mons. la Neuville, read on Tuesday last, be referred to the Board of War.

A letter, of the 20 January, from Governor Henry, of Virginia, was read. 3

3 The letter of Bedaulx is in the Papers of the Continental Congress , No. 78, II, folio 375; that of Henry is in No. 71, I, folio 131.

The committee to whom was referred the letter from the commissioners for Indian affairs in the northern department, together with the papers enclosed, and the opinion of the Board of War thereupon, brought in a report; Whereupon,

Resolved , That the commissioners be instructed to speak to the Indians at the intended treaty at Johnstown, in language becoming the representatives of free, sovereign, and independent states, and in such a tone as will convince them that we feel ourselves to be so; but whether 0111 111 it will be prudent to insist upon the Indians taking an active part in behalf of these states, must depend upon the temper they shall appear to be in; that this particular, therefore, be submitted to the discretion of the commissioners.

That an addition of one commissioner be made, and it is expected by Congress that General Schuyler attend this treaty.

That Governor Clinton, of the State of New York, be empowered and requested to appoint a suitable person to be the commissioner for Indian affairs in the northern department, and direct him to attend the treaty above mentioned.

That the commissioners speak and act in such a manner as they shall think most likely to obtain the friendship or at least the neutrality of the Indians, and that the Congress will support the commissioners in any measures they shall conceive best calculated to answer these ends:

That the commissioners be authorized to purchase five or six hundred blankets, or to order that number to be sent to Johnstown, from any of the public stores to the eastward, if to be had there, to be given as presents to the Indians:

That the commissioners be informed, that the hard money in the military chest at Albany, is already appropriated.

A letter, of the 31 January, from General Washington, was read; together with a memorial from Colonel Forman, requesting a company to guard his salt works, on condition of furnishing for the use of the army, at a reasonable price, the salt made at the said works: 1

1 This letter is in the Papers of the Continental Congress , No. 152, V, folio 275. The memorial of Forman is with it.

0112 112

Ordered , That the consideration thereof be postponed till to morrow.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 3, 1778

A letter, of 29 January, from Joseph Simon, at Lancaster, to Mr. [Elijah] Etting, at York town, was laid before Congress, and read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XX, folio 179.

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

A letter, of the 24th January, from Colonel Mason, was read:

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

A letter from Colonel Armand was read, 2 wherein he desires, if Congress will not promote Next day he requested to keep his former commission, which was granted. him to the rank of Brigadier General, that he may be permitted to resign the commission he holds, which is for that purpose inclosed: Whereupon

2 This letter is in the Papers of the Continental Congress , No. 164, folio 380. It is endorsed: “On his request, February 4, his commission restored.”

Resolved , That his resignation be accepted.

The Committee of Commerce brought in a report; Whereupon,

Resolved , That the Committee of Commerce shall, from time to time, as occasion may require, recommend to Congress proper persons in the respective states to act as attornies in each State for recovering all commercial debts due to the United States of America, and for claiming the continental share of all prizes libelled in the court of admiralty of the State where they may respectively reside; and upon such persons being approved, that the president execute letters of attorney to such persons 0113 113 respectively, to be transmitted to them by the Committee of Commerce.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of Lieutenant Colonel du Plessis, for 400 dollars advanced him upon application of the Marquis de la Fayette, who is to be accountable.

That a warrant issue on the treasurer in favour of Lieutenant Colonel du Plessis, for 700 dollars, for the pay due to Lieutenant Colonel Gimat, as a major from 1 December, 1776, to January, 1778, inclusive, being 14 months; the said Gimat to be accountable:

That a warrant issue on the treasurer in favour of Robert Patton, for his pay as doorkeeper to Congress, and his extraordinary services and expences from the 12 September, 1777, to the 21 of January last; 260 dollars:

That a warrant issue on the treasurer in favour of the Board of War, for 200,000 dollars, for the purpose of forming a magazine of 30,000 barrels of flour for the use of the grand army, agreeable to the orders of Congress; the said Board to be accountable.

Resolved , That two commissioners of accounts be forthwith appointed for the northern district, in the room of Mr. Carter and Mr. Millegan, the first of whom has resigned, and the latter is appointed a commissioner of claims: That one other be appointed to act with the commissioners of accounts at Hartford, in the room of William Denning, Esq. who has declined that business. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 57. The report added an oath to be taken by the commissioners.

0114 114

Three o'Clock, p. m

The Committee of Commerce having recommended Abraham Livingston, Nathaniel Russel and Josiah Smith, Jun. as suitable persons to be appointed attornies for recovering all commercial debts due to the United States of America, and for claiming the continental share of all prizes libelled in the admiralty court in the State of South Carolina, the said Nathaniel Russel and Josiah Smith, or either of them, to act in case of the absence or death of the said Abraham Livingston: Whereupon,

Resolved , That the persons above mentioned be approved, and that the President be directed to execute a letter of attorney to them accordingly.

Congress proceeded to the election of commissioners of accounts, and, the ballots being taken,

Joseph Henderson and Eleazer Wales, Esqrs. were elected commissioners for the northern district, in the room of Mr. Carter and Mr. Millegan; and Moses Emmerson, Esq r . was elected commissioner of accounts at Hartford, in the room of Mr. William Denning.

Congress took into consideration the report of the committee appointed to devise effectual means to prevent persons disaffected to the interest of the United States from being employed in any of the important offices thereof; 1 Whereupon,

1 See under January 21, 1778, ante .

Resolved , That every officer who holds or shall hereafter hold a commission or office from Congress, shall take and subscribe the following oath or affirmation:

I, do acknowledge the United States of America to be free, independent and sovereign states, and declare that the people thereof owe no allegiance or obedience, to George the third, king of Great Britain; and I renounce, refuse and abjure any allegiance or obedience 0115 115 to him: and I do swear (or affirm) that I will, to the utmost of my power, support, maintain and defend the said United States, against the said king George the third and his heirs and successors, and his and their abettors, assistants and adherents, and will serve the said United States in the office of which I now hold, with fidelity, according to the best of my skill and understanding. So help me God.

On this question, the yeas and nays being required,

New Hampshire, Mr. Frost ay ay Massachusetts Bay, Mr. Gerry ay * Lovell ay Rhode Island, Mr. Ellery ay ay Connecticut, Mr. Dyer ay ay New Jersey, Mr. Witherspoon ay ay Clark ay Pensylvania, Mr. Roberdeau ay Clingan ay ay J. B. Smith ay Delaware, Mr. M'Kean ay ay Maryland, Mr. Forbes no no Henry no Virginia, Mr. F. L. Lee, North Carolina, Mr. Penn ay ay South Carolina, Mr. Laurens ay ay Georgia, Mr. Langworthy ay ay Wood ay

So it was resolved in the affirmative.

Congress proceeded in the report; Whereupon,

Resolved , That all officers of the army shall take and subscribe the foregoing oath or affirmation before the commander in chief, or any major general or brigadier general:

That all officers of the navy shall take and subscribe the same before one of the commissioners of the navy boards, or before a judge or justice of the peace of the State wherein they respectively reside, or shall receive their commissions or warrants:

That all persons, holding any civil office of trust, or profit, under the Congress of these United States, shall 0116 116 take and subscribe the said oath, or affirmation, before a judge, or justice of the peace of the State wherein they respectively reside:

That every officer, having the disposal of public money, or who is, or shall be entrusted with the charge or distribution of public stores, shall, at the time of taking and subscribing the foregoing oath, or affirmation, also take an oath, or affirmation of office, in the following words:

I, do swear (or affirm) that I will faithfully, truly and impartially execute the office of to which I am appointed, and render a true account, when thereunto required, of all public monies by me received or expended, and of all stores or other effects to me entrusted, which belong to the United States; and will, in all respects, discharge the trust reposed in me with justice and integrity, to the best of my skill and understanding:

That every officer taking the foregoing oaths, or affirmations, or either of them, shall obtain from the person administering the same duplicate certificates specifying the time of his taking it, or them, and also his name and rank, or employment:

That every military officer shall deliver or transmit one of the certificates so obtained to the commander in chief, or the commander of a department, or to such person as by general orders shall be appointed to receive the same; and the said commanding officers shall cause the certificates, so received, to be sent to the secretary of Congress, and shall keep an exact list of the names of all officers whose certificates shall be received and forwarded, together with their several ranks and the times of their being qualified:

That every officer in the navy shall deliver or send one of the certificates by him obtained to the navy board most convenient, who are required to transmit the same, and also a certificate of their own qualifications, to the Marine Committee, as soon as conveniently may be:

0117 117

That every other person employed in any civil department or office, as above mentioned, shall send or deliver one of the certificates by him obtained to the secretary of the State to which he belongs, or to such other person or persons as the governor or president of such State shall direct; and the governors or presidents of the several states are hereby requested to attend to this matter, and to cause the certificates, when received, to be transmitted to the secretary of Congress:

That each deponent or affirmant shall retain and keep the other certificate by him obtained, as a voucher of his having complied with what is hereby enjoined him.

Resolved , That every officer, civil or military, now in office, shall take and subscribe the qualification above directed, within twenty days after notice hereof; and every person hereafter appointed to any office by or under the authority of the Congress of the United States of America, shall take and subscribe the same previous to his acting in such office; and every officer who shall continue or presume to exercise any commission, civil or military, under the authority of the Congress of the United States of America, without taking the qualification in time and manner above directed, shall be cashiered, and forfeit two months' pay to the use of the United States of America, and be rendered incapable of serving in the army of the said states, and of executing thereafter any office under Congress.

And whereas many persons employed as deputy or assistant commissaries or quarter masters, or in other civil departments, are dispersed in various parts of the Continent, over whom neither Congress nor the head of their respective departments can have the immediate inspection:

0118 118

Resolved , That it be recommended to the legislative and executive authority of every State, to take effectual measures for preventing any person within their State from exercising any office in the civil department of the army, or in any other civil department, under Congress, who shall not, when thereunto required by any magistrate, produce a legal appointment to such office, and a certificate of his having taken the foregoing oaths or affirmations, or who shall neglect or refuse to take and subscribe the said oaths or affirmations within the time above limited.

Resolved , That the resolutions passed the 21 day of October, 1776, prescribing the form of an oath or affirmation, and directing the same to be subscribed by officers holding commissions or offices from Congress, be, and they are hereby repealed.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 4, 1778

A report from the Board of War being laid before Congress, the same was taken into consideration; Whereupon,

Resolved , That the first paragraph relative to empowering the Board of War to contract for the casting of brass cannon, &c. be referred to a committee of four: the members chosen, Mr. [Elbridge] Gerry, Mr. [Eliphalet] Dyer, Mr. [James] Lovell, and Mr. [William] Ellery.

It was then moved, That Messrs. Goy, Pierre, Boichard, Parrison, and Niverd, together with ten artillery serjeants, and ten serjeants of artificers, being of the corps 0119 119 that came over with Mons. Coudray, be retained in the service of the United States: ∥Question put,∥

New Hampshire, Mr. Frost, no no Massachusetts Bay, Mr. Gerry, ay * Lovell, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Dyer, ay ay New Jersey, Mr. Witherspoon, ay div. Clark, no Pensylvania, Mr. Roberdeau, ay Clingan, ay ay Jas. Smith, ay J. B. Smith, ay Delaware, Mr. M'Kean, ay ay Maryland, Mr. Forbes, ay div. Henry, no Virginia, Mr. F. L. Lee, ay * North Carolina. Mr. Penn, ay ay South Carolina, Mr. Laurens, ay ay Georgia, Mr. Langworthy, ay ay Wood, ay

So it was resolved in the affirmative.

Resolved , That Mons. Goy, Mons. Pierre, Mons. Boichard, Mons. Parrison, and Mons. Niverd, be appointed captains of artillery, and receive the common appointments of that command while in America:

That the serjeants be appointed second lieutenants of artillery, with the common appointments of that command while in America.

Resolved , That Captain Isaac Corren receive monthly 25 dollars additional pay, besides his present appointments, in consideration of his teaching the laboratory art to such officers of artillery as shall be sent to him for that purpose.

That 2,000 dollars be advanced to Captain I. Corren, to pay his company of laboratory artillery men, and to recruit the said company to 100 men, agreeable to the directions of General Washington; he to account for the 0120 120 expenditure to Colonel Benjamin Flower, who is to be charged with the same. 1

1 These paragraphs formed a report from the Board of War, dated February 2, and are in the Papers of the Continental Congress , No. 147, I, folio 485. The members present were Gates and Peters.

Resolved , That the commissioner at the court of Tuscany be empowered and directed to endeavour to obtain a loan of money, not exceeding one million sterling, at the usual rate of interest, on the faith of the thirteen united states of America, for a term not less than ten years, with permission, if practicable, to repay the same sooner, if it shall be agreeable to these states, giving to the lender twelve months previous notice of such intention to return the money.

Ordered , That the Committee for Foreign Affairs signify to the commissioner at the court of Tuscany, that if the money which he is directed to borrow, cannot be obtained at a less interest than six per centum, he is permitted to engage for that rate; and that he stipulate if possible for the payment of the interest by annexing it to the principal annually during the continuance of the present war, after which the interest shall be paid off yearly as it becomes due.

That the said commissioner be instructed further to consider the money to be borrowed by him as a fund to be applied, unless Congress shall direct otherwise, solely to answer such draughts as Congress may make for the purpose of lessening the sum of paper money in circulation.

That he also be instructed to keep as secret as the nature of the thing will admit, whatever loan he shall be able to obtain on account of these united states; and to give the most early and repeated information to Congress of his progress in the directed application.

Resolved , That Mr. [John] Penn be added to the committee on the state of Georgia.

0121 121

A letter, of the 28 January, from M. Clarkson, was read, signifying his acceptance of the office of auditor, to which the Congress had been pleased to appoint him; also,

A letter, of the 20th January from General Sullivan; a letter, of the 12 January from A. Cary, speaker of the senate, and G. Wythe, speaker of the house of delegates, of Virginia, and one, of the 29, from the committee of Congress at the camp, were read. 1

1 The letter of Clarkson is in the Papers of the Continental Congress , No. 78, V, folio 133; that of Sullivan is in No. 160, folio 93; that of Wythe is in No. 78, XXIII, folio 437; that of the committee to camp is in No. 33, folio 75.

The Committee on the Treasury brought in a report: Whereupon,

Ordered , That a warrant issue on the commissioner of the continental loan office for the State of North Carolina, for 20,000 dollars, in favour of the Commercial Committee, to be by them transmitted to Messrs. Hewes and Smith, for public service; the said Committee to be accountable.

Ordered , That a warrant issue on Nathaniel Appleton, Esq r . commissioner of the continental loan office in the State of Massachusetts bay, for 3,000 dollars, in favour of the Commercial Committee, to be by them transmitted to James Warren, Esq r . for public service; the said Committee to be accountable.

Ordered , That a warrant issue on the treasurer in favour of William Buchanan, Esq r . commissary general, for 312,000 dollars, of which 200,000 dollars to be transmitted to William Aylett, Esq r . deputy commissary general of purchases for the southern district, and the residue, viz. 112,000 dollars, for the use of the middle department; for which the said commissary general is to be accountable.

Ordered , That a set of bills of exchange be drawn by the President on the commissioners in France, for six 0122 122 hundred livres tournois, in favour of Lieutenant Fouquet, one of the officers of the late Mons. du Coudray's corps, it being for his gratification allowed by Mr. Deane, and not included in the settlement with Mr. le Brun, on the 13 of November last; and that the two sets of bills, drawn on the commissioners aforesaid, bearing date the 14 day of November last, one in favour of Captain Fouquet, for 573 livres, and the other, in favour of Lieutenant Fouquet, for 287 livres tournois, be delivered them, and be in full of their pay to the said 14 November last. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 59.

On the back of the Treasury report (No. 136, II, folio 55), Charles Thomson has Noted:

“I have examined the journals, and see no reason why the bills reported on the 13 November last, as due to the two Fouquets for the ballance of pay should not be paid; especially as Mr. Lovel reported that when they entered into the new contract with the board of war, they mentioned that they expected to have those bills to send home to their family; and as it appears that the younger Bouquet received no gratification before he left France and that it was omitted by mistake upon the settlement with le Brun, that also should be paid, viz. 600 livres.

“But the 900 livres allowed for their passage and the 100 dollars allowed to carry each of them to the port of embarkation should be stopped, as they have entered into the service of the states.”

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 5, 1778

Resolved , That the Committee on Foreign Applications be directed to examine into the circumstances of the French officers who have been detained in this town, under a promise of having their expences borne until employed, or until they can have a positive answer that they cannot be taken into the service, and that the Committee report what sums should be paid to them.

Ordered , That the Board of Treasury take into consideration the services of Charles Thomson, Esq r . in executing the office of secretary of Congress since the 10th day 0123 123 of May, 1776, the time he was last paid up to, and report an adequate allowance.

A letter, of the 3d, from the council of Pensylvania, to the delegates from that State, in Congress, was laid before Congress, and read. 1

1 This letter is in the Papers of the Continental Congress , No. 69, I, folio 483.

The committee, to whom was referred the proposal of the Board of War, respecting founderies, brought in a report; Whereupon,

Resolved , That the Board of War and Ordnance be directed to lay before Congress an estimate of the expense of erecting and carrying on a foundery for brass ordnance, the number of persons necessary to conduct the business, and the proper salaries for each. 2

2 This report, in the writing of James Lovell, is in the Papers of the Continental Congress , No. 27, folio 75.

A recommendation from General Gates in favour of the Chev r de Failly: that on account of his “having distinguished himself in the army of the United States during Ordered to be expunged, February 16, 1778. the last campaign in the northern department, by his zeal, conduct and bravery in several detachments, and frequently reconnoitering the enemy's advanced posts, as likewise by his intrepidity in two general actions, he may be promoted from the rank of lieutenant colonel, which he first obtained on entering the service to that of colonel in the army of the United States” was read. Whereupon, it was moved

That a colonel be now appointed. To this the previous question was moved, whether that question be now put ,

Passed in the negative .

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant be drawn on the treasurer in favour of Mr. Anthony Butler, agent to Quarter Master 0124 124 General Mifflin, for 12,000 dollars, for the use of three brigades of waggons about to be despatched to North Carolina for cloathing; for which the said quarter master general is to be accountable.

Ordered , That there be advanced to Colonel Donald Campbell, five hundred and thirty three dollars and one third of a dollar, for which he is to account, and that a warrant issue on the treasurer for the said sum.

Resolved , That the pay of the commissioners of accounts in the several departments be augmented to five dollars a day. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 63.

Resolved , That the captain or commanding officer of each company in the service of the United States, shall, at the end of every month, furnish the regimental pay master with a pay roll, containing the names of the commissioned and non-commissioned officers and privates of the company, their rank, the time from and to which they are to be paid, their monthly pay, the sums due to each, and a column for casualties, in which is to be inserted the dates of deaths, desertions, discharges, and captivities: and the several regimental pay masters shall respectively keep true copies of such pay rolls, and cause the amount thereof to be added to the proper abstracts of field and staff officers, that the whole may be examined, as heretofore ordered by Congress. 2

2 This paragraph, in the wilting of Elbridge Gerry, is in the Papers of the Continental Congress , No. 136, II, folio 61.

Resolved , That the treasurer be directed to send to William Palfrey, Esq r . the money ordered on the 14 January last, under such escort as the Board of War shall furnish, the commanding officer of the escort to give his receipt for the same to the treasurer, which receipt shall be cancelled, by lodging with the treasurer, in lieu thereof, the receipt of the pay master general.

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The committee appointed on the 27 August, 1777, to collect evidence of the state of the army in the northern department, and also the state of the troops, military stores and provisions at the posts of Tyconderoga and Mount Independence, before, and at the time when the evacuation was determined upon, report,

That they have made the fullest enquiry in their power into the several articles enumerated in the resolve of Congress of the date above mentioned, and have collected a variety of evidence, which they are ready to transmit to General Washington; Whereupon,

Resolved , That the committee be directed to transmit the evidence by them collected to General Washington, and that he be authorized and directed to appoint a court martial for the trial of the general officers who were in the northern department when Ticonderoga and Mount Independence were evacuated, agreeable to the rules and articles of war: 1

1 This report, in the writing of Henry Laurens, is in the Papers of the Continental Congress , No. 29, folio 26. What follows is in the writing of Charles Thomson.

That two counsellors, learned in the law, be appointed to assist and co-operate with the judge advocate in conducting the trial.

The gentlemen chosen:

Jonathan D. Sergeant, Esq r . attorney general for the State of Pensylvania;

William Patterson, Esq r . attorney general for the State of New Jersey.

Resolved , That the commander in chief be directed to transmit to Congress, the proceedings of all general courts martial held on the trial of general officers.

Congress took into consideration the letter of the 3, from the council of Pensylvania to their delegates in Congress: Whereupon,

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Resolved , That a committee of three be appointed to take into consideration the said letter; that the Board of War be directed to lay before the said committee the whole of their proceedings in consequence of the resolutions of Congress of the 15 January last, for the laying up magazines of flour for the use of the army; and that the said committee report, as soon as may be, what measures should be taken for that purpose:

The members chosen, Mr. [Thomas] M'Kean, Mr. [John] Henry, and Mr. [William] Ellery.

A letter, of the 3, from General Washington, was read. 1

1 This letter is in the Papers of the Continental Congress , No. 152, V. folio 283.

Congress took into consideration the report of the Board of War of the 28 January: Whereupon,

Resolved , That the following plan be adopted for carrying into immediate execution the important business of the quarter master general:

1. The military line, to be styled the quarter master general's, which is to include the regulating of marches, encampments, order of battle, &c. &c. as described in the books of the profession:

This officer not to have the disposal of public money, except small occasional sums for defraying petty expences in the army.

2. The commissary of forage, who is to be confined to that article in his purchases.

3. The commissary for horses and waggons.

4. The agent for the purchase of tents, entrenching tools, building of barracks, and for all the smaller supplies of the department.

The three last to be governed in their purchases by the estimates and orders of the quarter master general or the Board of War.

0127 127

Ordered , That the Board of War prepare suitable regulations for the quarter master general's department, agreeable to the foregoing plan.

The Board of War having returned the memorial of Lieutenant Colonel Dyer, with their opinion, Congress took the same into consideration; Whereupon,

Resolved , That General Washington be directed to extend Lieutenant Colonel Dyer's furlow to the first of April; and if, at that time, he shall not have recovered his health, so as to be able to take the field, that his resignation be accepted. 1

1 See note under February 11, p. —, post .

A letter, of the 13 January, from Major General Heath, at Boston, with sundry papers enclosed, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 57, folio 135.

Ordered , That it be referred to the Board of War. Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 6, 1778

Resolved , That a committee of three be appointed as a committee of intelligence, with power to extract and publish such parts of letters, papers and intelligence referred to them as they shall judge proper:

The members chosen, Mr. J[onathan] B [ayard] Smith, Mr. [James] Lovell, and Mr. [John] Henry.

A letter from Lieutenant Colonel Fleury was read; Whereupon ,

Resolved , That Lieutenant Colonel Fleury be informed Ordered to be struck out the same day. the Congress look upon the late service in which he has been lately employed by General Washington, as of the utmost importance, and that they desire he may return to 0128 128 the camp and prosecute that design in which, if he succeed, it will be considered as a most essential service.

The Committee on the Treasury brought in a report: Whereupon,

Ordered , That a warrant issue on the treasurer in favour of the delegates of the State of Delaware, for 10,000 dollars, to be transmitted to the honorable George Read, Esq r . vice-president of the said State, for the purpose of recruiting the Delaware batallion; the said State to be accountable.

Ordered , That a warrant issue on the treasurer for 100,000 dollars, in favour of William Palfrey, pay master general, to be transmitted him by the treasurer, for the use of the army, and that the treasurer take a receipt for the money from the officer who is to convey the same, and the officer to return a receipt from the pay master general, to be lodged with the treasurer; the pay master general to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 65.

Congress took into consideration the report of the committee to whom the letters from Dr. Shippen, Dr. Rush, and others were committed; and thereupon came to the following resolutions:

For the better regulating the hospitals of the United States,

Resolved , That there be a deputy director general for the hospitals between Hudson and Potomack rivers; and that the superintending care of the director general be extended equally over the hospitals in every district, and that he be excused from the duty of providing supplies, and from “particularly” superintending the said hospitals when the deputy director general shall be ready to enter upon the office:

0129 129

That the several officers of the hospitals shall cease to exercise such of their former powers as are herein assigned to other officers thereof:

That in the absence of the director general from any district, the physician general and surgeon general shall hereafter determine the number of hospitals to be provided by the deputy director general for the sick and wounded, and shall superintend and controul the affairs of such hospitals:

That the director general shall consult with the physician general and surgeon general in each district, about the supplies necessary for the hospitals, and shall give orders in writing to the deputy director general thereof to provide the same; and, in the absence of the director general, the physician general and surgeon general shah issue such orders:

That each deputy director general shall appoint one or more of the assistant deputy directors, under him, to the sole business of providing beds, furniture, utensils, hospital cloathing, and such like articles; and shall appoint one or more to provide medicines, instruments, dressings, herbs, and necessaries of a similar kind:

That the director general shall frequently visit the hospitals in each district, and see that the regulations are carried into effect; shall examine into the number and qualifications of the hospital officers, report to Congress any abuses that may have taken place, and discharge the supernumerary officers, if there be any, that all unnecessary expence may be saved to the public; and when the director general is in any particular district, the physician general and surgeon general in that district shall not appoint any officers without his consent:

That, on the settlement of hospital accounts, the officers entrusted with public money shall produce vouchers to 0130 130 prove the expenditure, and receipts from the proper officers of the hospitals, specifying the delivery of the stores and other articles purchased; and the apothecaries, mates, stewards, matrons, and other officers, receiving such stores and other articles, shall be accountable for the same, and shall produce vouchers for the delivery thereof from such officers, and according to such forms as the physicians general and surgeons general have directed, or shall, from time to time, direct; which forms and directions the physicians and surgeons general shall report to the Board of Treasury:

That the director general, or, in his absence from the district, the physician general, and surgeon general, shall appoint a ward master for each hospital, to receive the arms, accoutrements and cloathing of each soldier admitted therein, keeping entries of, and giving receipts for such articles, which, on the recovery of the soldier, shall be returned to him, or, in case of his death, the arms and accoutrements shall be delivered to the commissary or deputy commissary of military stores, and receipts be taken for the same; and the ward master shall receive and be accountable for the hospital cloathing; and perform such other services as the physician general or the surgeon general shall direct:

That the physicians general and surgeons general shall hereafter make no returns to the deputy directors general, but the returns shall be made by the said officers respectively to the director general, who shall carefully transmit copies of each with his monthly return to Congress, and suspend such of the officers aforesaid as neglect this or any other part of their duty, and shall report their names to Congress:

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That the director and deputy directors general forthwith prepare their accounts, and adjust them with the commissioners of claims, at the Board of Treasury.

That four dollars a day, and the former allowance of rations, be hereafter allowed to each assistant deputy director and the commissary of the hospitals in each district; and one dollar a day, and two rations, to each ward master:

Resolved , That Dr. Potts be called from the northern district, and appointed to act as deputy director general in the middle district.

Resolved , That the eldest assistant deputy director in the northern district shall execute the office of the deputy director general in the said district, until the further orders of Congress:

That the salaries of the hospital officers and debts contracted for the hospitals of the middle district to the time of Dr. Potts's entering upon the office of deputy director general therein, shall be adjusted and paid by the director general, who shall deliver all the public stores in his possession to the deputy director general or his order, taking duplicate receipts for the same, and transmitting one of each to the Board of Treasury; and the same rule shall be observed by Dr. Potts with respect to the salaries and debts of the hospitals of the northern district, and the public stores thereof, which are to be delivered to his successor in office in that district.

Congress proceeded to the election of a physician general in the middle district, in the room of Dr. Rush, resigned , and the ballots being taken,

Dr. William Brown was elected.

The committee to whom was referred the report of the committee appointed to consider the proposals contained in a letter to General Washington from the committee 0132 132 sent to camp, brought in a report; Whereupon, Congress came to the following resolutions:

Whereas, it has been found by experience, that the mode adopted by a resolution of Congress of the 29 April, 1777, for calling to account such officers as have been intrusted with public money, for recruiting continental batallions, has not had the desired effect; and it is essential to the liberties of the United States that due attention should be paid to the expenditure of their public monies, to enable them to support the war, and avoid that system of corruption and tyranny which prevails in the government of their unnatural enemies:

Resolved , That the resolution aforesaid, excepting that part thereof that empowers the commissioners of claims and accounts to administer oaths and affirmations, be repealed.

That a suitable number of auditors of accounts be appointed by Congress [for the armies of the United States:] 1

1 The words in brackets are in of writing of Henry Laurens.

That it shall be the duty of each auditor to reside in the army to which he is appointed, and not to be absent without the leave of the commanding officer; to call to account the several Regimental Paymasters and recruiting officers thereof [all regimental officers] for public money, which they shall have received and have not accounted for; to receive, from time to time, the pay rolls and abstracts of the army from the pay master or deputy pay master general, who shall previously examine and certify thereon the sums that are due; to settle all other accounts of the army, excepting those in the departments of the quarter master, pay master, director, cloathier, or barrack master general, and of the commissaries general of provisions, prisoners and military stores; to certify the sums 0133 133 that may appear to be due on any accounts, and to present such accounts and abstracts to the commanding officer, who shall thereupon, unless he has good reason to the contrary, issue proper warrants on the pay master or deputy pay master general in discharge thereof:

That it be recommended to the legislatures of the respective states, forthwith to transmit to the Board of Treasury, duplicate accounts of all monies heretofore advanced by them for the United States, to regimental pay masters, or other officers of the army: that the Board of Treasury be directed to order a record to be kept of such accounts, charging the proper officers therewith; and that each State sustain the loss which may arise from the detention of its accounts aforesaid, after the first day of July next:

That the auditor general, commissioners of accounts, pay master and deputy pay masters general, and such other continental officers as may have monies charged in their offices to persons who are to account with the respective auditors, be directed to send, on or before the first day of May next, and afterwards quarterly, to the respective auditors of the army, duplicate accounts of such charges, and to furnish them with the necessary papers and information, when required, for executing their office: and the said auditors are severally directed to observe the same rule with respect to each other, and also once a quarter to transmit, to each of the officers aforesaid, duplicate lists of the regiments, whose accounts they are to audit, and to the Board of Treasury, a list of accounts received from the several officers aforesaid, together with the names of such of the said officers as shall have neglected to comply with this resolve, 1 [in order that the Board may have the

1 The original report here read: “Who shall be summoned to appear before the Board, and being convicted thereof, shall be accountable for the Losses arising from their neglect and be liable to Dismission from the Service.”

0134 134 proper informations, to the end that such speedy and effectual measures may be taken therein as may be just and necessary:] 1

1 These words are in the writing of William Ellery.

That the auditors shall keep fair and regular books constantly posted, and shall charge therein all accounts referred to them for settlement by the preceding article, and all warrants drawn in favour of persons who are accountable to them for the same: they shall also keep a fair record of all accounts disallowed by them, and of such as are allowed, but not stated in the said books, in order to which, and that the pay rolls, abstracts and accounts settled by the auditors may be filed in their respective offices, no warrant whatever shall be paid by the pay master or deputy pay master general, until the respective auditor shall have certified thereon that it has passed his inspection, and that the accounts and vouchers thereto belonging are lodged in his office:

That each recruiting officer shall produce certificates from the muster master or deputy muster master general, specifying the number of non-commissioned officers and soldiers, and if officers of the light horse, the number of horses, arms and equipage belonging to their respective regiments, companies or troops, together with such vouchers as shall be necessary to prove the sums expended for these articles, the subsistance of the troops before their joining the army, the loss of money by death, desertions of non-commissioned officers or soldiers before muster, or other necessary expences, [agreeable to the resolves of Congress in such case provided:] 2

2 An amendment in writing of William Ellery.

That if any officer shall not, within one month after application for that purpose, render his account to the proper auditor, or shall be guilty of withholding or embezzling 0135 135 the public money, such auditor shall make report thereof to the commanding officer of the army, who shall order a court martial on such officer, 1 [in order that he may be dealt with according to the rules and articles of war in that case provided:] 2

1 The original report here read: “And the Fact being ascertained by their Judgment, shall immediately cause him to be cashiered, and a Copy of the Report delivered to the Auditor to be by him published and transmitted, with the proper papers to the Attorney General of the State to which the delinquent belongs; and the said Attorney General is hereby fully Authorized in behalf of the United States to take effectual Measures for compelling such delinquents to account in a Court of Justice.”

2 Words in brackets were added by Henry Laurens.

9. That the respective Auditors be authorized and directed to employ a discreet and capable person as an Agent, to go into the several States and call to Account such officer and other persons resident therein, as are accountable to them for public Money. And if any such officer or person shall refuse or neglect to adjust his accounts, or shall withhold or embezzle the public Money, such Agent shall forthwith deliver his account to the Attorney General of the State, to be proceeded with as aforesaid. 3

3 Against these paragraphs is written: “Postponed 6th.”

That each regimental pay master or other officer of the army shall, upon settlement of his account, refund all sums of money, which he has drawn for, but not paid to prisoners, deserters, and men who have died in the service; and the auditor shall keep an alphabetical record of the names of such prisoners, deserters and dead men, together with the sums received on account of each; and upon application of any prisoner or his agent, or the widow, administrator or executor of any such dead man, or of any officer in the same regiment, in whose debt such deceased person may have died, and whose account is properly attested, the said auditor is empowered to report to the commanding officer an allowance not exceeding the sums received on account of such prisoner or dead man; and the commissary and deputy commissary 0136 136 general of prisoners are directed to make out a list of the said officers and soldiers who are prisoners with the enemy, when required by the respective auditors:

That whenever it shall appear to any of the said auditors, upon the settlement of an account in their office, that a balance is due to the United States, or to prisoners, deserters, or on account of men who have died in the service, the sum being ascertained shall be paid by the person who owes it to the pay master or deputy pay master general, who shall give a receipt for the same on the said account, and two other receipts of the same tenor and date, to be lodged with the auditor; and upon the delivery thereof, such auditor shall discharge the said account, and recording the receipts, shall transmit one of them to the Board of Treasury, that the money may be charged to the officer receiving it:

That all public debts received by the Attorneys General agents, employed by the respective auditors, be collected by them, and delivered Postponed 6th with any other public money which they may receive, to the pay master or deputy pay master General; and that the said Auditors be directed once a quarter to transmit to the Board of Treasury, an account of such Debts and Money, with the Vouchers, to prove the delivery thereof.

That the auditors be empowered to administer oaths or affirmations to persons examined by them in the execution of their office:

That all officers of the United States be, and they are hereby required to give protection and countenance to the auditors 1 aforesaid in the discharge of their duty:

1 The words “and their agents” were here interlined, and afterwards struck out.

That the quarter master general and his deputies be respectively directed to provide the auditors in each army with a convenient house near head quarters, and that no other officers be quartered therein:

0137 137

That, for the preservation of the public papers, the quarter master general or his deputies shall provide for the auditors in each army a good covered waggon, with horses under their direction, and the said auditors shall also be provided with suitable guards for the same purpose:

That each auditor be allowed five four dollars and three rations a day, during the continuance of his office, and forage for his horse:

That Matthew Clarkson and Major John Clark Esq rs . be appointed auditors for the army under the command of General Washington; and that they be authorized to appoint two clerks, and allow them 50 dollars a month and two rations a day.

That each Auditor shall take an Oath of Office and the Oath prescribed for Officers of the Army by a Resolution of Congress of the Day of previous to their entering on their office, Certificates of which to be sent to the Treasury Office.

That in adjusting the accounts of Persons that on the Retreat of the Army have lost their Vouchers, it be a private Instruction to the Auditor to obtain the best information from the General Officers or other persons in the Army or department, relative to such accounts and use a Discretionary Power in administering Oaths or affirmations as aforesaid. 1

1 This report is in the Papers of the Continental Congress , No. 19, VI, folio 225. On folio 221 are amendments in the writing of James Smith, and on folio 223 are the same amendments, in the writing of Smith, with others, in the writing of Thomas McKean.

Resolved , That the remainder of the report be postponed.

Adjourned to 10 o'Clock to Morrow.

SATURDAY. FEBRUARY 7, 1778

It being represented to Congress that Lieutenant Colonel Fleury, whom the Marquis de Fayette is desirous of taking with him to Canada, is not able to proceed on the 0138 138 journey for want of a horse, having lost three horses in different actions during the course [of the] last campaign;

Ordered , That a warrant issue on the treasurer in favour of Lieutenant Colonel Fleury for two hundred dollars. 1

1 See under February 11, 1778, post.

The committee appointed to examine into the circumstances of the French officers who have been detained under a promise of having their expences borne until employed, or until they can have a positive answer that they cannot be taken into the service, report, “That Baron Frey has incurred an expense of 346 ⅔ dollars, and Mr. Crenis of 416 dollars in consequence of such promise, and ought to be paid those sums severally by a warrant upon the continental treasurer.”

Ordered , That the said sums be paid.

Resolved , That the committee at the camp be directed to consult with General Washington and report to Congress proper persons for filling the offices in the several departments of the quarter master general.

A letter, of the 29 January, from Colonel David Mason, and a letter of the 27th January, from Governor Henry ∥of Virginia∥ to the delegates of that State, were laid before Congress, ∥ and read:∥

Ordered , That the former be referred to the Board of Treasury, and the latter to the Board of War.

Adjourned to 10 o'Clock on Monday.

MONDAY, FEBRUARY 9, 1778

Mr. Nathaniel Scudder, a delegate from New Jersey, attended, and took his seat in Congress.

A letter, of this day, from Mons. John de Kermovan, colonel, was read, desiring to be promoted to the rank of 0139 139 brigadier, and intimating his desire to quit the service, if his request is not granted; Whereupon,

Resolved , That Congress do not think it consistent with the good of the service to promote Colonel Kermovan to the rank of brigadier, and that the Committee on Foreign Applications inform Colonel Kermovan that Congress have no farther occasion for his service.

A letter, of the 11 January, from Major General Arnold, at Albany, with sundry papers enclosed, was read:

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

A letter, of the 15 January, from H. Marchant, at South Kingston, State of Rhode Island, was read:

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

A letter, of the 26 January, from Governor Livingston, of New Jersey, at Morristown, was read. 1

1 The letter of Kermovan is in the Papers of the Continental Congress , No. 78, XIII, folio 455; that of Arnold is in No. 162, folio 110; that of Merchant is in No. 78, XV, folio 291; and that of Livingston, in No. 68, folio 325.

The Committee of Commerce laid before Congress sundry letters, which were read and returned to the Committee; Whereupon,

Resolved , That the Committee of Commerce be empowered and directed to write to the commissioners at the court of France, desiring them to appoint one or more suitable persons to be commercial agents for conducting the commercial business of the United States in France and other parts of Europe.

Resolved , That it be recommended to the supreme executive powers of every State, to give attention to the conduct and behaviour of all continental officers, civil or military, in the execution of their respective offices; that the said executive powers be authorized to suspend from pay and employment, for misbehaviour or neglect of duty, 0140 140 within their respective states, any officer of the staff or other civil officer aforesaid, not immediately appointed by Congress, and to make a temporary appointment in his place, if necessary, and to remove such of the said civil officers as shall appear to be supernumerary, forthwith reporting in either case their proceedings to Congress: that in case of any reprehensible conduct in any other officer of the United States, it be recommended to the executive powers aforesaid, to enquire into the circumstances of the case, and if, in a civil officer appointed by Congress, to transmit an account thereof to Congress; if in a military officer, to lay the same as soon as possible before the Commander in Chief or commanding officer of the department.

Resolved , That it be recommended to the legislatures of the several states, to enact laws for the most speedy and effectual recovery of debts due to the United States of America. 1

1 In the Papers of the Continental Congress , No. 19, VI, folio 231, is the following, in the writing of Abraham Clark; the second paragraph was a substitute for the first:

“That it be recommended to the Legislatures of each State to Enact Laws (where Laws already passed are insufficient) for recovering Debts due to the United States of America from delinquents residing within their State, by Action of Debt, or on the Case at the Suit of the Treasurer of the United States.”

“That it be recommended to the Legislatures of each State to Enact Laws for the most speedy and effectual recovery of Debts due to the United States of America from Delinquents residing in their State, either by Legal Summary process or in a Summary way as may be most consistent with the Constitution and Approved Customs, in Actions to be brought at the Suit of the Treasurer of the United States of America for the Time being.”

On folio 223 are the following paragraphs, in the writing of Thomas McKean; the first was struck out:

“That it be recommended to the Supream Executive Powers of every State to give attention to the behaviour of the officers, civil and military, of the United States, when within their respective jurisdictions; that they have power to suspend from pay and employment for misbehaviour, or neglect of duty any civil officer, and to make a temporary appointment in his place if necessary, and to remove any such Officers as shall appear to be supernumerary; and that they forthwith report their proceedings to Congress. And, in case, of any reprehensible conduct, in a military officer, that they make inquiry into the circumstances of the case, and lay the same as soon as possible before the Commander in chief.”

“That it be recommended to the legislature of each State, to enact a law, authorizing and directing the justices of the Supream or Superior court of such State to take cognizance of, and upon a petition exhibited by any person impowered for that purpose in behalf of the United States, or his Attorney, to call before them any officer or person, or the executors or administrators of such as are deceased, who have received and not accounted for any monies belonging to the said United States, and to proceed in a summary way, upon the testimony of witnesses and examination of persons interested, upon their oaths or affirmations, [by] inspection and examination of accounts, depositions taken after notice to the opposite party, and other writings, or by all or any of the said ways, or otherwise, according to the circumstances of the case, as soon as conveniently may be, to hear and determine the same; and finally to cause their judgments or decrees in the premises to be executed, without appeal to any other court whatsoever: And that it be also recommended to the said Legislatures respectively by a law, or a clause in the law above mentioned, to oblige executors and administrators to give a priority in the payment of debts to the United States of America.”

0141 141

Resolved , That the President write to Mr. [Jeremiah] Wadsworth, and request him to attend Congress on matters of consequence:

That the Board of War be directed forthwith to enquire into the causes of the deficiencies in the department of the purchasing commissaries, and report to Congress.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 10, 1778

Resolved , That the Board of War be directed to enquire into the conduct of all strangers of suspicious characters, or whose business is not known and approved, who may come to the place where Congress sits, and to take care that the public receive no damage by such persons.

A report from the Board of War, on the department of the commissary general of military stores, was laid before Congress, and after some time spent thereon,

Adjourned to 3 o'Clock.

0142 142

Three o'Clock, p. m

Congress proceeded to consider farther the report of the Board of War, on the department of the commissary general of military stores; but, not having time to go through the same,

Resolved , That the consideration thereof be postponed till to morrow.

Resolved , That another chaplain be chosen for the hospitals in the middle department:

The ballots being taken, the Rev. Mr. ∥James∥ Sproat was elected.

The delegates from North Carolina laid before Congress a resolution of the general assembly of that State, recommending Colonel Jethro Sumner and Colonel Thomas Clark, of the North Carolina forces, to be elected brigadiers general. 1

1 This resolution, dated December 15, is in the Papers of the Continental Congress , No. 59, II, folio 79.

A letter, from Captain Bedaulx, dated 4 February was read. 2

2 This letter is in the Papers of the Continental Cougress, No 78, II, folio 379.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 11, 1778

A letter, of the 6, from the Board of War, was read: 3

3 This letter is in the Papers of the Continental Congress , No. 147, I, folio 501.

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

Resolved , That Major Buisson, who is going into Canada, be promoted to the rank of lieutenant colonel, to be appointed to the command only of such Canadians as may be embodied in Canada.

0143 143

A letter, of the 10th, from Major John Clark, was read, mentioning his acceptance of the office of auditor, to which the Congress have been pleased to appoint him. 1

1 This letter is in the Papers of the Continental Congress , No. 78, V, folio 137.

A petition from Colonel John Chandler, of the Connecticut forces, was laid before Congress and read, setting forth, that he labours under a disorder which renders him unable to do his duty in the field, and expressing his apprehension that the fatigues of the camp will prove fatal to him, and therefore praying that he may have leave to resign his commission: 2 Whereupon,

2 This petition, dated January 31, is in the Papers of the Continental Congress , No. 42, II, folio 38.

Resolved , That Colonel John Chandler have leave to resign his commission.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of Nons. Fleury, for 200 dollars, for the payment of a horse, and in lien of one he had killed in the public service, and that this sum be paid to John Penn, Esq r .

That a warrant issue on the treasurer in favour of John Gibson, Esq. auditor general, for 13,000 dollars, to enable him to discharge the residue of a warrant of the 1st September last, in favour of the delegates of Georgia; he to be accountable.

That a warrant issue on the treasurer for 126 60/90 dollars, in favour of J[onathan] B[ayard] Smith, Esq. the amount of his account of pay and rations as muster master general of the flying camp and militia in 1776, as settled by John Wilcocks and Peter Chevalier, Esqrs. a committee appointed by Congress for settling the militia accounts. 3

3 This report is in the Papers of the Continental Congress , No. 136, II, folio 67.

0144 144

A letter, of the 29 January from William Aylett, Esq. to William Buchanan, commissary general of purchases, was laid before Congress, and read:

Ordered , That it be referred to a committee of three: the members chosen, Mr. F[rancis] L[ightfoot] Lee, Mr. [James] Lovell, and Mr. [John] Penn.

The committee to whom the letter of the 2 from Major General Gates was referred, brought in a report, which was taken into consideration; Whereupon, Congress came to the following resolution:

Whereas, General Gates has hitherto retained his aids-de-camp and secretary in his family, having expectations in a short time again to take the field; and whereas, the removal of his family to York town, and their manner of living in a public house, have been unavoidably very expensive, before he could procure a house for them:

Resolved , That a warrant issue on the treasury, payable to General Gates, for thirteen hundred and thirty three dollars and one third of a dollar, in order to reimburse him his extraordinary expences incurred in the public service.

Congress resumed ∥the consideration of∥ the report of the Board of War, on the department of the commissary general of military stores; Whereupon,

Resolved , That there shall be one commissary general of military stores, whose business it shall be to receive and deliver all arms, ammunition, and accoutrements, of every species and denomination; to provide and contract for all such articles as may be wanted in this department, according to the directions he shall receive from the Board of War and Ordnance; to receive and collect returns from all the different states where there are any continental arms and stores, draw them into one general return, and, on the first day of every month, deliver one to the Board of War and Ordnance:

0145 145

In case of vacancy, occasioned by death, resignation, or otherwise, of any of the commissaries, commissaries' deputies or conductors, which may happen in any department near to where the commissary general may be, he shall have permission to fill such vacancy, pro tempore, until it shall be confirmed or disapproved by Congress:

All moneys to be drawn on account of military stores, to be, by application of the commissary general or his deputies, to the Board of War and Ordnance; and all moneys so drawn to be accounted for by him once in every six months to the Board of Treasury, or to such auditors or commissioners as the said Board shall direct. All commissaries, deputy commissaries, or conductors, who may have money advanced them by the commissary general for the use of their several departments, to keep regular accounts, and produce vouchers and receipts for the sums paid, and account for the same to the commissary general once every month, or as often as called for.

All continental armourers shall be under the direction of the Board of War and Ordnance, and of the commissary general of military stores; the armourers to receive from the said commissary all arms to be repaired, make returns of the state of repairs when demanded, and deliver the arms when repaired into his store: the principal armourer or armourers at each and every armoury to be accountable for all such arms as he or they shall receive, until they are repaired and delivered to the commissary general, his deputies or assistants; and the said commissary general shall see that every method is taken by the armourers to hasten the repairs of the arms; the principal armourers to receive money from the commissary general for the contingent expences of their departments, and the commissary general shall produce their accounts and vouchers at the adjustment of his accounts:

0146 146

That there be as many deputies, assistants, commissaries, deputy commissaries, conductors, and clerks, as the exigency of the service shall require, to be appointed by the Board of War and Ordnance; and the said Board are, from time to time, to report all such appointments to Congress:

That the pay of officers in the department of the commissary general of military stores, be as follows:

Commissary general 100 dollars per month, and 6 rations a day; deputy commissary general, of which there shall be one in each military division of the states, 75 dollars per month, and 5 rations per day:

Commissaries, each 60 dollars per month, and 4 rations per day.

Deputy commissary, each 50 do do 3 do

Conductors, each 40 do do 2 do

Clerks, each 40 do do 2 do

The commissary general shall be allowed forage for two horses; his deputies, assistants, commissaries and conductors, to be allowed forage for one horse each; and to be furnished by the quarter master general with as many horses on an exigency as the service requires. 1 and the captains of the artillery artificers, respectively, when duty requires their travelling to collect materials, to have forage for an horse:

1 On the margin is the word “disagreed.”

That, for the future, no rank be annexed to the officers in this department, except they belong to the regiment of artillery artificers; and then their rank only to take place as officers of that corps; the pay also which they receive, as officers in that regiment, to be included in the pay herein settled for the officers of the commissary general's department:

0147 147

That a return be made to the Board of War and Ordnance, once every month, of all officers employed in the civil branch of ordnance and military stores.

All commissaries, deputy commissaries, conductors, and clerks, who shall have the separate charge of any stores, are, on the first day of every month, to make out an exact return of all cannon and military stores, of every species and denomination, one copy whereof they shall transmit to the commissary general, who is to put them into one general return, as heretofore directed, and one other copy thereof the said commissaries, deputy commissaries, conductors or clerks, are to send to the Board of War and Ordnance.

All the artillery artificers that are or may be employed at any armouries, laboratories, founderies, or military magazines, (those employed with the army in the field excepted) shall be under the immediate direction and subject to the orders and command of the commissary general, or the officer directed by him to take charge of the same.

The quarter master general, his deputies and assistants, shall give the commissary general every assistance of teams for the removal of public stores, and in case there be no quarter master in the department or place from whence the stores are to be removed, the commissary general shall have power to procure teams in the way and manner that will best promote the public service.

That the Commissary General have liberty to appoint one or more Assistants in such places as the exigencies of the service Agreed may make necessary. That their pay while in such service be the same as a Commissary of Stores in his department.

All officers, artificers, and others, in the ordnance and military department shall be governed by the rules and 0148 148 articles of war, in the same manner as other officers in the artillery of the United States.

The commissary general shall give such forms of returns and instructions to his deputies, assistant commissaries, conductors, &c. as the service and situation of their department shall require; and all officers in this department are to attend to such orders and instructions as they shall receive, from time to time, from the Board of War and Ordnance or the commissary general.

All regulations incidental to the department, and not enlarging the powers and authorities here given, shall be settled and made by the Board of War and Ordnance.

The Board of War and Ordnance shall transmit, from time to time, as the service shall render necessary, transcripts of all returns received from the commissary general of military stores, and also accounts of all ordnance and stores under their care, or belonging to the United States, and of the places where the same are deposited, to the Commander in Chief of the armies of the United States, in order that he may make such requisitions of supplies for the army under his immediate command, or for the separate departments, as he shall think proper, and give such advice and directions as to the disposition of them, as circumstances may, from time to time, require.

The commanding officer of artillery, for the time being, in the grand army, with the chief engineer, commissary of artillery, and eldest colonel of artillery in camp, or such of them as are present with the army, shall be a subordinate board of ordnance, under the direction of the Commander in Chief or the Board of War and Ordnance, for transacting all business of the ordnance department, necessary to be done in the field, and to have the care of all ordnance and stores at camp; and in case of sudden exigency, the commissary general of military stores shall be obliged to obey their directions as to any supplies 0149 149 wanted by the army out of the stores not in camp; and the said board shall correspond with, and report their proceedings to, the Board of War and Ordnance, from whom they are to receive any necessary assistance.

Resolved , That the pay of Colonel Benjamin Flower's corps of artillery artificers shall be, for all those who engage to serve the United States as such, for three years, or during the war, twenty dollars a month, besides the same bounty, cloathing, and every other benefit allowed by Congress to the continental artillery; the officers the same pay as others of equal rank in the continental artillery; and that Colonel Flower augment the four companies ordered to be raised in January last, add other companies to the said regiment, and, if necessary, increase the pay of officers and men in the same, agreeable to such orders as have been given for that purpose by General Washington; and that he be required forthwith to transmit a copy of such orders to Congress. 1

1 In the margin is written: “General Washington has ordered the Pay of the Privates to be increased, and, it is said, he intends to raise that of the Officers in their Corps.”

That if the exigency of the service makes it necessary to employ, at any time or place, more artificers than the commissary may have inlisted or can inlist, then he, his deputies or assistants, may engage them, for the time of such necessity, on the most reasonable terms possible, with the approbation of the Board of War and Ordnance.

Resolved , That Colonel Flower receive the pay and rations of a colonel from the 16 July, 1776, to this 11 February, 1778. 2

2 On the margin is written: “Col. Flower for this time did the duty both of Commissary General and Quarter Master General and received no pay therefor. In the original report this date was January 16, 1777, and these words followed: “The time is when he was appointed Commissary General of Military Stores by his Excellency General Washington; and from that time the pay and rations as herein established, to commence and be received by Colonel Flower.”

This report, dated February 5, is in the Papers of the Continental Congress , No. 147, I, folio 495. The members present were Gates and Peters. It is endorsed “Read 7th, postponed.”

0150 150

Resolved , That a commission of captain in Colonel Flower's regiment of artillery artificers be granted to Wollory Meng, dated 1 of April, 1777: 1

1 These paragraphs formed a report from the Board of War, dated February 3, and are in the Papers of the Continental Congress , No. 147, I, folio 487. A third paragraph, relating to Thomas Dyer, is printed under February 5. The members present were Gates and Peters.

That Captain Lieutenant Thomas Wylie be promoted to the rank of captain of an additional company to be raised in the said regiment of artillery artificers, his commission to be dated the 1 February, 1778. 1

Resolved , That the Board of War and Ordnance be empowered to make a contract with Mr. [James] Byers, as superintendent of a foundery of brass cannon. 2

2 Passed on the recommendation of the Board of War's letter of February 6, in the Papers of the Continental Congress , No. 147, I, folio 505. With it are “Heads of Articles to be agreed” upon between the Beard and Byers. A copy of the contract is in No. 41, I, folio 329.

Resolved , That Captain Ferdinand de Brahm, who has heretofore acted as an engineer in the State of South Carolina, be appointed an engineer in the continental establishment, with the rank of major in the armies of the United States. 3

3 These paragraphs formed a report from the Board of War, dated January 28, with Gates and Peters present.

That the Corps of Artillery to be stationed in the Northern Department, consist of three companies; the Command whereof, Postponed 11 Feby to be given to Major Ebenezer Stevens, to whom the rank of Lieutenant Colonel be given. This Corps to be separate and distinct from General Knox's Brigade. 3

That the three officers and men now in the Grand Camp, belonging Postponed 11 Feby to the Northern Corps of Artillery, be ordered immediately to rejoin their respective Companies. 3

Resolved , That Nicholas Rogers, Esq r . aid-de-camp, have a commission of major, to rank from the 12 May, 1777, in the service of the United States. 3

0151 151

On motion, Resolved , That a warrant issue on the treasurer for two months' pay, to be advanced to Colonel Thomas Hartley, for his regiment, now in York town.

Resolved , That the Board of War be directed to take the most proper measures for recruiting Colonel Hartley's regiment.

A letter, from Mons. Kermovan, was read:

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

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 12, 1778

A letter, from Mons. de Roche Fermoy, was read:

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

A letter, of the 9th, from John Purviance, was read, desiring leave, on account of the situation of his family, to resign his office of manager of the United States' lottery.

Resolved , That he have leave to resign.

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

A letter, of the 11 January, from Governor Caswell of North Carolina, enclosing sundry resolutions of the general assembly of that State, was read:

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

A letter, of the 10, from the Board of War, was read. 1

1 This letter, on foreign officers, in the writing of Timothy Pickering, is in the Papers of the Continental Congress , No. 147, I, folio 513.

The committee appointed to take into consideration the letter of the 3d, from the supreme executive council of the State of Pensylvania, to the delegates of the said State, and the proceedings of the Board of War upon the resolution of Congress of the 15 of January, for laying 0152 152 up magazines of flour for the use of the army, brought in a report, which was taken into consideration: Whereupon,

Resolved, That the commissioners appointed under the law of the State of Pensylvania for the better supply of the army are fully adequate to the purpose of purchasing the 30,000 barrels of flour required by the resolution of Congress, of the 15 of January.

That the instructions of the Board of War to General James Ewing, Colonel John Byers and others, their Superintendents for the purchase of flour, &c, in some respects interfere with the business and powers of the commissioners said law of the State of Pensylvania. That the Board of War have ordered a greater quantity of flour and other provisions to be purchased than was directed by the resolution aforesaid, and have employed superintendents for that purpose: Whereupon,

Resolved, That the board proceed in that business, and that they confine the superintendents by them appointed to the purchase of the extra quantity of flour and other provisions specified in their instructions, and cautiously avoid leashing with the commissioners appointed under the law of the State of Pensylvania aforesaid, in the execution of their duty.

That three hundred thousand dollars be transmitted to the president of the State of Pensylvania to enable the commissioners appointed under the law of that State for purchasing provisions for the army, to execute their commissions, and that they account to the Board of Treasury for the expenditure thereof.

That the commissioners under the act aforesaid observe such instructions and orders as they shall from time to time receive from Congress, or the Board of War, relating to the quantity of the articles of provisions and forage by them to be purchased or seized; and the places where 0153 153 the same shall be deposited or carried to and the manner in which they shall be secured and managed.

That the said commissioners inform the superintend ants aforesaid, or the Board of War, from time to time, of the quantity of provisions by them purchased and where the same are deposited, in order that they may receive directions with respect to the places where the said provisions are to be transported to and secured. 1

1 To this point, the report, in the writing of John Henry, is in the Papers of the Continental Congress , No. 20, II, folio 23. Against each paragraph is written the word “Agreed,” but only one paragraph appears to have been retained in the Journals.

That the said commissioners be authorised and requested to purchase every kind of provisions and forage wanted for the army, not confining themselves to the article of flour above mentioned.

Resolved, That the superintendents appointed by the Board of War be allowed two and a half per cent on all purchases by them to be made, in full of all charges for clerks and other expenses whatsoever, except the expense of transportation, and that in purchasing they do not exceed the prices established by law. 2

2 These two paragraphs, in the writing of Abraham Clark (?), are in the Papers of the Continental Congress , No. 20, II, folio 25. They were also “agreed” to.

Three o'Clock, p. m

The Committee on the treasury, to whom was referred the letter from the Board of War, brought in a report, which was taken into consideration: Whereupon,

Resolved , That a proper person be appointed to act as secretary of ordnance, and pay master to the Board of War and Ordnance:

That his salary shall be ninety dollars a month:

That the said pay master shall answer all warrants drawn on him by the Board of War and Ordnance, out 0154 154 of the money which he shall receive by orders of Congress, and shall keep fair accounts of his payments, and make monthly returns thereof to the Board of Treasury: he shall also transmit returns once a month, or oftener, to the pay master general, or other proper officer or officers, of all advances made to continental troops, or militia, in actual service, in order that proper stoppages may be made:

That the Board of War and Ordnance shall, from time to time, make out the proper estimates of money to be advanced for the use of their department, and lay the same before Congress; and all monies granted by Congress, on their application, shall be applied to the purposes set forth in the said estimates.

That an Auditor of Accounts be appointed for the Board of War and Ordnance, whose Duty it shall be to settle all accounts of Negatived. monies that are or may be advanced or paid in that Department, and to govern himself by the Contracts of the said Board, and where no Contracts exist, by their Directions relative to the Allowances to be made on such Accounts; and that he observe such Regulations as he shall receive from the Board of Treasury.

Congress proceeded to the election of a secretary of ordnance, and a pay master to the Board of War and Ordnance, and, the ballots being taken,

Joseph Nourse, Esq r . was elected.

Resolved , That a warrant for 316 dollars, issue in favour of Captain Reuben Lipscomb, for the extra month's pay granted to the army under General Washington, by the resolution of the 29th of December last, and which is due to 40 men of the 7th Virginia regiment now on their way to Virginia, who were regularly discharged on the 2 February, and mentioned in a list signed by Brigadier 0155 155 General Woodford, and also to Captain Lipscomb, who conducts them; he to give a receipt for the money, and to account for the same.

The letter, of the 9th January, from General Washington, being sent for from the Board of War, the same was read; and, a motion being made thereon,

Resolved , That the letter, with the motion, be referred to a committee of three:

The members chosen, Mr. [Abraham] Clark, Mr. [Eliphalet] Dyer, and Mr. [William] Ellery.

Resolved , That the Board of War and Ordnance be directed to be very cautious in recommending or giving any encouragement to foreign officers who have come of their own accord to seek employment in the army of these United States; that if the Board shall find, among such foreigners, any of eminent abilities and merit who by their knowledge and experience, can, in the opinion of the Board, render essential service to these states in such way as the Board shall be able to point out, Congress expect the Board will recommend them: and if any foreigners of rank and eminence in their own country should offer their services, it is also expected that the Board will report specially respecting them: but, as to all others, the Board are directed to thank them for their offers of service, without suffering them to wait, and thereby incur expense by unnecessary attendance,

Resolved , That the 300,000 dollars, ordered to be advanced to the president of Pensylvania, be paid to the delegates of that State, to be by them transmitted to the said president.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 13, 1778

A letter from Jonathan Hudson, at Baltimore, was read:

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

The committee to whom the letter of W. Aylett, deputy commissary general of purchases in Virginia, was referred brought in a report, which was taken into consideration; Whereupon, Congress came into the following resolution:

Whereas, there is great danger of the armies of the United States being very much distressed, if the exportation of beef and pork from the State of North Carolina be not immediately prohibited; Therefore,

Resolved , That the legislative and executive powers of the State of North Carolina be earnestly requested immediately to lay an embargo on all beef and pork, except so much as may be necessary for the vessel's use for the voyage, and to take the most effectual measures to prevent the embargo from being evaded. 1

1 This report, in the writing of John Penn, is in the Papers of the Continental Congress , No. 19, I, folio 185. On the back of the report Thomson has noted the vote for a committee and a resolution, neither of which can be located in the Journals. The vote must have been taken after April 15, when Carroll attended.

“Ellery 1, Scudder 1, Carroll 7, Adams 2, Huntington 1, Morris 3, Sherman 1, Dana 1, Duer 3, J. B. Smith 5, and F. L. Lee 1.”

The resolution is as follows:

“ Resolved , That where officers are promoted to rank for any particular service, or in any particular place, without being annexed to particular corps, they shall not, in virtue of such appointment or rank, have any claim to similar rank in the army of the United States, except on the service, or in the place specified; and if called to join the army, they shall only have rank according to the commission or command assigned them when called to the Main Army.”

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, I, folio 517.

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

The members chosen, Mr. [James] Forbes, Mr. [Abraham] Clark, and Mr. F[rancis] L[ightfoot] Lee.

0157 157

The Committee on the Treasury brought in a report, which was taken into consideration: Whereupon,

Resolved , That the 10,000 dollars ordered to be advanced to the Board ∥of War and Ordnance,∥ for contingent expenses, on the 26 January last, be paid to Joseph Nourse, Esq r . pay master of the Board of War and Ordnance, for the contingent expenses of the Board; the said J. Nourse to be accountable. 1

1 This resolve, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 136, II, folio 75.

The committee appointed to examine into the circumstances of the French officers who have been detained under a promise of having their expenses borne, brought in a report, which was taken into consideration; Whereupon,

Resolved , That 910 dollars be paid to Mons. de la Balme, in full of all claims and demands against the United States, and that the Committee on Foreign Applications inform Mons. de la Balme that Congress have no farther occasion for his services:

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That 100 dollars be advanced to M r . Charles Cist, to defray his expenses to Baltimore, and to a paper mill on Gunpowder river, on the public account; he to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 69.

In consequence of an adjustment by the commissioners of claims, the auditor general reports,

That there is due to Dr. John Witherspoon, for hay for the army, and wood for the hospital at Princeton, as appears by the certificate of Enos Kelsey, acting in the quarter master's department, the sum of 429 30/90 dollars:

That there is due to Belcher P. Smith, for his services as clerk in the secretary's office, from 6 November to 5 0158 158 February, inclusive, being three months, and for some necessaries purchased for the office, the sum of 197 60/90 dollars:

That there is due to John Dunlap, for printing sundry resolves of Congress from 31 October, 1776, to 10 September, 1777, a balance of 1,174 69/90 dollars:

That there is due to the Rev. Mr. Lotbinier, as chaplain in Colonel Livingston's Canadian regiment, from 11 January to 10 February, 1778, inclusive, for his pay, exclusive of rations, 40 dollars:

That there is due to the estate of John Hart, deceased, for 71 meals, victuals supplied the York county militia, which ought to be paid to his legal representatives, 7 9/90 dollars:

That there is due to Andrew Nabinger, of the town of York, for victualling General Lee's guard in 1776, the sum of 44 59/90 dollars: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 73.

Ordered , That the said accounts be paid.

Ordered , That the letter of 29 January from Mr. Aylett be referred to the Committee of Commerce and to the Marine Committee.

Three o'Clock, p. m

Resolved , That Mr. Nathaniel Scudder be added to the Medical Committee.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the treasurer for 25,000 dollars, in favour of the pay master of the Board of War and Ordnance, to be transmitted by him to Benjamin Harrison, Esq r . deputy pay master general in the southern department; for which the said B. Harrison is to be accountable.

Ordered , That a warrant issue on the treasurer for 1,000 0159 159 dollars, in favour of Mr. William Govett, for the purpose of paying expresses and incidental expenses at the treasury office; for which he is to be accountable.

Resolved , That the treasurer be directed to pay to Mr. Joseph Nourse, pay master to the Board of War and Ordnance, the warrant for 350,000 dollars, dated the 14 January last, and drawn by the president of Congress, in favour of the Board of War; one hundred thousand of which to be transmitted to Ebenezer Hancock, Esq r . deputy pay master general in the eastern department, and two hundred and fifty thousand to his assistant in the State of Rhode Island; also another warrant, dated the second instant, and drawn in favour of the said Board, for one hundred thousand dollars, which are to be by him transmitted to the said Ebenezer Hancock, who is to be accountable for both sums.

And that a Warrant of the third of February for 200,000 Dollars in favour of the Board of War for the purpose of forming a Postponed Magazine of Thirty Thousand Barrels of Flour purchasing Provisions for the use of the Grand Army be also paid for this purpose to the said Joseph Nourse, who is to be accountable for the same. 1

1 Passed February 18, post .

Resolved, that there is due to Charles Thomson, Esq. for his services in the office of Secretary to Congress, from the 10th of May, 1776, to the tenth of the present Month, it being one Year and nine Months, at 1,200 Dollars per Year, 2,100 Dollars, and that two thousand Dollars per year be hereafter allowed to the Secretary of Congress.

Resolved , That a warrant issue in favour of Charles Thomson, Esq r . for 3,500 dollars in consideration of his faithful services, from the 10 of May, 1776, to the 10 February 1778, as secretary to the United States. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 77. The last was an amendment, in the writing of Francis Lightfoot Lee.

The committee on the state of Georgia brought in a report which was read:

0160 160

No. 1

The Committee appointed to take into Consideration the Situation of the State of Georgia, beg leave to Report as follows, viz:

Whereas the State of Georgia has laboured under many and great difficulties in throwing off the Yoke of British Tyranny and acceding to the Continental Union, and being but a weak State, and almost surrounded by Enemies, it will be necessary for their Protection and Assistance to maintain on the Continental Establishment, at least two thousand Men. And whereas there are now in the State of Georgia four Battalions of Infantry, one of Horse, three Companies of Artillery, and six Row Gallies, which will be a considerable Expence in Officers, while there are but few Privates under their Command, and as there is great Need of retrenching all superfluous Charges; 1

1 In the margin is written “Agreed to allow 2,000 R[ank] and F[ile] for protection of Georgia.” The writing is that of Henry Laurens.

Resolved , That there shall be from this time only two Battalions of Infantry to be composed out of the four old Battalions, the first, new Battalion to be under the Command of Colonel — Lieutenant Colonel — and Major — the Captains, Lieutenants, Ensigns, Surgeons, and other Officers to be chosen by a Majority of the Field Officers above mentioned, out of the first and second old Battalions. The second new Battalion to be commanded by Colonel — Lieut Colonel — and Major —, the Captains, Ensigns, Surgeons, and other Officers to be chosen by a majority of the above field Officers, out of the third and fourth old Battalions: the Privates of the three artillery Companies to be incorporated into two: the first under Captain Thomas Lee and his officers to remain in and about Savannah; and the other under Captain Thomas Morris and his officers in and about Sunbury. The Battalion of Horse to be reduced to four Independant Companies, of fifty Privates each, under the Command of Capt: —. 2

2 On folio 433 is the draft of a motion or amendment, in the writing of Abraham, Clark, which may have given rise to this paragraph. The motion is as follows:

“ Resolved , That the Forces at present stationed in Georgia be reduced to two battalions of Infantry under the present Establishment; and 2 Unregimented Companies of Artillery; and 4 Unregimented Companies of Horse. The officers of the said battalions and companies to be selected by the Legislative Authority of that State, out of the Officers at present on that Station, as nearly agreeable to the Rank they now hold as the public Service in their opinion will admit, dismissing from the Continental Service all such officers as may not be retained and employed in manner above said.”

0161 161

There shall be two Row Gallies, with the usual Officers and fifty Privates each, together with one large or two small armed Sea Vessels, to cruize constantly on the coast and protect the Trade. These Vessels to be instead of the Gallies already built there, which shall be sold. and the Money appropriated for the use of the Sea Vessels aforesaid.

Resolved , That the sum of eight hundred thousand Dollars be allowed for the Support of the abovementioned Establishment, and if at any time the Number of Troops as aforesaid is not or cannot be procured in Georgia, and there should be any Attacks made on the said State, either by the British Troops, or the Indians, and the Legislative or Executive Authority shall find it necessary to call out the Militia, that the pay and subsistence of the said Milita shall be added to the pay and Subsistence of such continental Troops, as shall be raised as far as to the Amount of the above mentioned 800,000 Dollars. And if from the Necessity of the Circumstance, it shall amount to more, the said State shall make Application to Congress for the Overplus Money.

Resolved , That for the pay and subsistence of the above said Troops, the Money to be raised by Tax, as recommended by Congress, shall be in part, as also what Money shall arise upon the Sale of the United States Lottery Tickets, and also the Monies put into the Loan Office of the said State. And the State is hereby impowered to apply the Money of these Funds for the Purposes aforesaid, the Ballance if any to be remitted to the Treasury of Georgia every six months, or the State to draw Bills for the same on the Continental Treasury at their Option.

No. 2

The State of Georgia having appropriated 100,000 Dollars for a fund and appointed Commissioners to import and purchase Arms, Artillery, Ammunition, Cloathing, &c. for what Troops May be stationed in the said States.

Resolved , That all Supplies of Cloathing, Arms, Ammunition, &c., wanting for the Continental Troops be imported and purchased as aforesaid, under the Care and Direction of the Legislative and Executive Authority, and that the same be delivered to the Order of the Commanding Officer residing in the said State.

Resolved , That the Pay, Subsistence and contingent Expences for the Troops shall be drawn for on the Regimental Pay Master as usual, by the Commanding Officer, who shall be accountable, if there be any wrong Charges.

0162 162

Resolved , That all Provisions for the Troops in Georgia, shall be supplied by Contract, or in such other way as shall appear to the Government of the said State, to be the surest Supply and the least prejudicial to the said State and the United States.

Whereas it appears that the State of Georgia, has advanced a very considerable Sum for the Continent in support of the Continental Troops there, for almost two years past, which has obliged them to make large Emissions of paper Currency, as well as to borrow near one hundred thousand Pounds Sterling for the same Purpose for which they have pledged the Faith of the State, that those Debts shall be redeemed with Continental Currency.

Resolved , That out of the money formerly granted to Georgia, That the Sum of 500,000 Dollars be immediately remitted to the said State, to enable them to take up the Bills of Credit, and Treasury Certificates, issued for the Purposes aforesaid, and that the further Sum of 300,000 Dollars be remitted to the said State on or before the first Day of May next, for the Purposes aforesaid, or the State to draw for the same, as shall be most for their Convenience.

Whereas, It appears by a Report from the Auditors appointed to settle the Accounts presented by the State of Georgia, that large Sums of Money have been supplied by that State, on Account of the Continent, the Expenditure of which is not in any satisfactory Manner accounted for by the several Persons, that have been entrusted therewith, and who are mostly continental Officers.

Resolved , That all Officers that now hold or have hold a Continental Commission, and have received or shall hereafter receive any money on the public Account in the said State, and have not, or can not account satisfactorily for the same, shall be liable to Military Arrest from the Commanding Officer in Georgia, altho' in any other State: and shall be subject to be removed from either of the States, with the Consent of the Executive Authority of the same, into Georgia, in order to be tried by a Court Martial, according to such Resolves of Congress that now are, or shall be hereafter made for compelling delinquents to account for the public Money, notwith standing the said Officer may desire to resign, or has offered the resignation of his Commission, and that no Resignation shall be accepted of, until all public Accounts are settled and paid. And the Commanding Officer is hereby required to use his best Endeavours to assist the said State in compelling all Continental Officers to account for the money entrusted to their Care. 1

1 At the end of this paragraph is written, “already done in General Resolves.”

0163 163

No. 3

Resolved , That whenever the Legislative or Executive Authority of the State of Georgia shall recommend a particular Place or Post to be garrisoned or guarded, or the Removal of any Part of the Troops from any post or place, it shall be the duty of the Commanding Officer to comply therewith immediately, and when any Officer shall so far misbehave, as to induce the Legislative or Executive Authority to think he deserves to be removed from his Command they shall have power to suspend him, until the Sense of Congress shall be known, and for this purpose, they shall send the Suspension with the reasons thereof to Congress as soon as may be.

Resolved , That Major General Howe and three of the eldest field Officers in South Carolina shall immediately repair to Georgia and consult with the Commanding officer there and the field Officers of the said State, on a Plan for reducing the Province of East Florida, and when the said Plan shall be agreed on it shall be at the Option of General Howe either to carry it on in person, or to commit the Execution thereof to Colonel Samuel Elbert, and that General Howe shall order of the Continental Troops in South Carolina, to be employed in conjunction with the Troops now in Georgia to carry on the said Expedition, and that General Howe be empowered and required to send on the said Expedition, such Continental Artillery, Arms, Stores, &c, either in South Carolina or Georgia, that may be found necessary. And further that General Howe, or the Officer Commanding on the said Expedition, be empowered to borrow of the states of South Carolina and Georgia, all such Artillery, Arms or any other Military Stores necessary for the forwarding this Expedition, and that the Continent will make good the loss or damage.

And that an experienced Engineer be sent on the said Expedition either from the Army or Elsewhere.

Resolved , That it be recommended to the States of Virginia and North Carolina, to permit the State of Georgia to recruit the Compliment of men heretofore granted by the said State, being two Battallions, and that the states of Virginia, North and South Carolina, be requested to give all possible assistance to the State of Georgia, in apprehending deserters from the Continental Troops stationed there, and to cause them when apprehended to be conveyed to Georgia.

0164 164

No.4

Whereas at the first of the Dispute with England, the Planters and Lumber Makers in the State of Georgia had large Quantities of Rice and Lumber by them, the greater part of which has perished for want of Exportation; And also now the Planters have a large share of two Crops of Rice on hand which must soon be good for little, and the Lumber Makers are entirely without any Sale or demand for their Labour, as there is little or no Exportation, but by Strangers who are mostly French, and seldom take any thing but Indigo. The mercantile part of the State being in general inimical to Independence, many of them have left the State of themselves, others have been sent away, and the few remaining have declined all Trade. And whereas the Continent is in want of remittances to France, and the Islands, and it being well known that nothing makes a surer remittance, than Rice, Deer Skins and Lumber, and also that the Ports of Georgia are less disturbed by the Enemy than most other Ports in America, The Delegates of Georgia hope that some mode may be adopted, in the Continental Commerce to take off the Produce of that State, whereby the distresses of the Inhabitants may be much lessened, and they be enabled, as readily as they are willing, to pay the Taxes necessary for the support of Government.

Resolved , Therefore that the Continental Agents, in France, be ordered immediately to purchase a Number of Prizes sent in there, especially Vessels from one hundred and fifty to three hundred Tons Burthen, and send them to Georgia with Cargoes, suitable for the Inhabitants, or Soldiery, consigned to one or more Agents to be chosen by the State, who shall give security for their Conduct which Agents Shall load the said Vessels back to France, &c, or the Islands, as they shall be ordered by your Agents in France. And also if the State can procure Vessels themselves and will load them with Rice, Indigo, and Deer Skins to France, and consign them to the continental Agents, or to the West Indies, with Rice, Corn or Lumber, consigned to the Continental Agents there, that on the Vessels sailing so loaded, and a Bill of Lading from the Captain, and an Invoice of the Cargoes being sent to the Commercial Committee, the said State Shall be entitled to draw on the said Committee for the amount of the Cargo and necessary Charges. A Duplicate of the Bill or Bills for the said Amount coming with the Invoice and Bill of Lading, on the receipt of which the said Committee shall be empowered to pay the said Bill, and the Cargo as aforesaid 0165 165 shall be deemed Continental, and be at the Risque of the Continent from the time of Shipping.

Resolved , That when Prizes are taken by any Continental Vessel in the West Indies that some of them be ordered into Georgia for sale and the proceeds to be shipped in the produce of the Country to such ports as may be ordered.

The Commercial and Marine Committee having lodged a sum of Money in Georgia for the purpose of Importing Arms Ammunition, Cloathing &c, for the use of the Troops: And whereas the State has likewise established a fund for that purpose, and appointed Commissioners to carry on the same, and the State has ordered their Delegates to apply to Congress, that whatever Money, goods &c may be in Georgia belonging to the Continent be put under the Management of the State in order that justice may be done in the Transacting thereof, and no interference happen between the State and the Continent.

Resolved , That all money's goods, wares, and Merchandize, belonging to the Continent and sent to Georgia by the Marine or Commercial Committee, be delivered over to the order of that State, the said State to be accountable, and that the Marine and Commercial Committee be desired to give Orders accordingly. 1

1 These reports, numbered 1 to 4, in a writing not identified, are in the Papers of the Continental Congress , No. 20, II, folios 429–438. They apparently formed one report.

Ordered , That the consideration thereof be postponed till to morrow.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 14, 1778

Resolved , That a committee of three be appointed to revise the rules and orders for regulating the conduct of Congress in transacting business, and report such farther rules and regulations as they judge proper:

The members chosen, Mr. [James] Lovell, Mr. [John] Witherspoon and Mr. [Thomas] M'Kean.

0166 166

The committee to whom the letter from the Board of War was referred, reported, that they have prepared sundry resolutions for forwarding the laying up magazines for the supply of the army, and preventing any interference between the commissioners appointed for that purpose by an act of the general assembly of Pensylvania and the superintendents appointed by the Board of War, and that it is their desire that these resolutions, if agreed to by Congress, should be substituted in the place of the report of the committee to whom the letter of the 3 from the executive council of Pensylvania, and the proceedings of the Board of War on the resolution of the 15 January were referred, and the resolutions passed by Congress thereon, except the granting 300,000 dollars, to the president of the State of Pensylvania:

The resolutions being read, were agreed to as follows:

Whereas it is expedient and necessary to lay up magazines of provisions for the support of the army, and, for that purpose, Congress have directed 12,000 barrels of flour to be deposited at or near Lancaster, 8,000 barrels at or near Reading, 6,000 barrels at or near Bethlehem, 2,000 barrels at Downings town, and 2,000 barrels at Pottsgrove; and, whereas, in consequence of the recommendation of Congress, the general assembly of Pensylvania have, by a law, appointed commissioners in each county within their State, to purchase or seize wheat, flour and other provisions, &c. for the supply of the army, pursuant to such orders as they shall receive from Congress;

Resolved , That the president and executive council of the State of Pensylvania be desired to issue the money, with which they have been or shall be furnished by Congress, to the said commissioners, in such proportions as they shall think fit; that they instruct the commissioners on the east side of Susquehanna, to proceed without delay, 0167 167 in the execution of the trust reposed in them; and that they instruct them to which of the above-mentioned places they shall convey the flour and other provisions which they shall purchase or seize, in order to form the magazines aforesaid:

That the said executive council be authorized and requested to appoint a suitable person at each of the above places, with such a salary as they shall judge reasonable, to inspect, receive, store and take care of the provisions aforesaid, and to issue the same upon the orders of the Board of War, until Congress shall appoint other storekeepers in their stead:

That the president and council aforesaid be requested to cause a weekly return to be made to the Board of War of the quantity of provisions stored at each of the places above-mentioned:

That the Board of War give directions and orders to the commissioners appointed by the aforesaid law, in the several counties on the west side of Susquehanna, respecting the quantity of provisions to be purchased or collected by them, and the places to which the same shall be conveyed; and that the said Board appoint a suitable person at each of the places they shall fix on, with such a salary as they shall judge reasonable, to inspect, receive, store and take care of the said provisions, and to issue the same upon the orders of the Board of War:

That the commissioners aforesaid be authorized to purchase every kind of provision and forage wanted for the army, not confining themselves to the article of flour; that the said commissioners deliver the live stock, by them purchased, to the order of the deputy commissary general of purchases, or his assistants, and the forage, to the order of the commissary of forage, or his assistants, to whom severally they are directed to send immediate 0168 168 notice, when such purchases are made, and to take duplicate receipts upon the delivery, one of which they shall transmit to the Board of War:

That the Board of War be directed to correspond, from time to time, with the president and council of Pensylvania, respecting the business aforesaid, and if, from the circumstances or situation of affairs, they shall judge it proper or necessary to lessen the quantity of provisions to be laid up between Susquehanna and Delaware rivers, or to change the places of the magazines, that they communicate the same to the president and council, who are requested to attend thereto, and to issue orders to the commissioners to govern themselves accordingly.

And, whereas, the Board of War have judged it expedient and necessary, that a greater quantity of flour and other provisions, than was directed by the resolution of Congress of the 15 January, should be purchased, and other magazines formed, besides those above mentioned; and have, agreeably to the powers vested in them by the said resolution of the 15th January, employed superintendents for the purchase of flour, &c.

Resolved , That the Board of War proceed in that business, and that they direct their superintendents, to purchase such farther quantities of flour and provisions, and have them conveyed to, and secured in, such places as the Board shall direct; and that they instruct such of their superintendents as may purchase in Pensylvania, to avoid clashing with the commissioners appointed by the law of that State, in the execution of their duty:

That the said Board be empowered to appoint a suitable person at each of the new magazines, which they shall establish, with such a salary as they shall judge reasonable, to inspect, receive, store and take care of the provisions purchased and conveyed thither by the said 0169 169 superintendents, and to issue the same upon the orders of the Board of War:

That the superintendents, appointed by the Board of War, be allowed a commission, not exceeding 2½ per cent. on all purchases by them made, in full for their trouble and expences therein; and that, in purchasing, they do not exceed the prices established by the laws of the states in which the purchases are made.

While this last was under debate, it was moved, and, by a vote, carried, that a vote should be first taken on the following resolution to be added: viz.

And that the president and council of Pensylvania be empowered to settle the pay, or allowance, to be made to the commissioners appointed by the law of their State, for their trouble and expence in purchasing, seizing and collecting provisions and forage, not exceeding 2½ per cent. on the provisions and forage by them so purchased, or seized, for the army:

New Hampshire, Mr. Frost, ay ay Massachusetts Bay, Mr. Gerry, ay * Lovell, ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Dyer, no no New York, Mr. Lewis, ∥gave no vote.∥ New Jersey, Mr. Witherspoon, ay Clark, ay ay Scudder, ay Pennsylvania, Mr. Roberdeau, ay Clingan, ay ay James Smith, ay Delaware, Mr. M'Kean, ay ay Maryland, Mr. Forbes, no no Henry, no Virginia, Mr. F. L. Lee, no * North Carolina, Mr. Penn, ay ay South Carolina, Mr. Laurens, no no Georgia. Mr. Langworthy, no no Wood, no 0170 170

So it was resolved in the affirmative.

The question was then put to agree to the foregoing resolution ∥to which the last was moved as an addition;∥

New Hampshire, Mr. Frost, ∥gave no vote.∥ Massachusetts Bay, Mr. Gerry, ay * Lovell, ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Dyer, no no New Jersey, Mr. Witherspoon, ay Clark, ay ay Scudder, ay Pennsylvania, Mr. Roberdeau, ay Clingan, ay ay Jas. Smith, ay Delaware, Mr. M'Kean, ay ay Maryland, Mr. Forbes, no div. Henry, ay North Carolina, Mr. Penn, ay ay South Carolina, Mr. Laurens, no no Georgia, Mr. Langworthy, no no Wood, no

So it was resolved in the affirmative.

Ordered , That the report of the Committee on the letter of the 3, from the council of Pensylvania, &c., and the proceedings of Congress thereon, except what relates to the grant of money be expunged.

Adjourned to 10 o'Clock on Monday.

MONDAY, FEBRUARY 16, 1778

Mr. [Oliver] Wolcott and Mr. [Samuel] Huntington, 2 delegates from Connecticut, attended, and produced the credentials of their appointment, ∥which were read as follows:∥

(L. S.) At a general assembly of the governor and company of the state of Connecticut, holden at Hartford, by adjournment on the 11th of October, Anno Domini 1777:

0171 171

Resolved , by this assembly, That Roger Sherman, Eliphalet Dyer, Samuel Huntington, Oliver Wolcott, Titus Hosmer, Oliver Ellsworth, and Andrew Adams, esqrs. be, and they are hereby appointed delegates to represent this state at the general Congress of the United States of America, for the year ensuing, and until new be chosen and arrive in Congress, if sitting; and one or more of them who shall be present in said Congress are hereby fully authorized and empowered to represent this state in said Congress, to counsel, and advise, and resolve upon measures necessary to be taken and pursued for the defence, security and preservation of the rights and liberties of the said United States, and for their common safety: and of such their proceedings and resolves they do transmit authentic copies, from time to time, to the general assembly of the state.

A true copy of the record, examined by

George Wyllys , Secretary .

A letter, of the 3d, from James Wilkinson, Esq r . at Albany, and one of the 27 January, from General Heath, at Boston, and one of the 26 January from General Schuyler, at Albany, with two papers enclosed, ∥were read.∥ 1

1 The letter of Wilkinson is in the Papers of the Continental Congress , No. 78, XXIII, folio 447; that of Heath is in No. 157, folio 85; that of Schuyler is in No. 153, III, folio 268.

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

A letter, of the 20, and one, of the 25, from Jonathan Trumbull, Esq. deputy pay master in the northern department, were read:

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

A letter, of the 24 January, from Governor Trumbull, ∥was read,∥ informing that Colonel Joseph Trumbull will, if Congress thinks fit to keep his seat vacant, attend and take his seat at the Board of War as soon as his health will permit: 2

2 This letter is in the Papers of the Continental Congress , No. 66, I, folio 378.

Ordered , That the President inform the governor, that Congress expects Colonel Trumbull's attendance as soon as his health will permit.

0172 172

A letter, of 30 January, from Thomas Cushing, Esq r . president of a convention of committees from the New England states, which met at New Haven, 15 to 20 January, with the proceedings of said convention, was read: 1

1 This letter, and the proceedings of the convention, are in the Papers of the Continental Congress , No. 33, folio 329.

Ordered , That the same, together with the letter of the 11, from Governor Caswell, with the resolutions enclosed, be referred to a committee of five:

The members chosen, Mr. [John] Witherspoon, Mr. [Elbridge] Gerry, Mr. [Thomas] M'Kean, Mr. [James] Lovell, and Mr. [Francis Lightfoot] Lee.

A letter of the 3d; one of the 5, with five papers enclosed; one, of the 6, with a draught of proposed resolutions, one, of the 11, and one, of the 12, from the committee of Congress at camp, were read. 2

2 The letter of the 3d is in the Papers of the Continental Congress , No. 33, folio 79 that of the 5th is on folio 91; the 11th, on folio 117; and the 12th, on folio 128; the 6th in No. 78, VII, folio 159. The letter of the 11th concerned the “irruption into Canada,” and bears the following endorsement: “Referred to the Board of War, who are directed to report specially thereon, and to lay before Congress a copy of the orders given to the officer.”

The delegates from Pensylvania laid before Congress, a letter of the 7th, from the council of their State, which was read, containing complaints against R. L. Hooper, Esq r . deputy quarter master general: 3

3 This letter is in the Papers of the Continental Congress , No. 69, I, folio 467.

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

Ordered , That the letter of the 11, from the committee at camp, respecting the irruption into Canada, be referred to the Board of War, who are directed to report specially thereon, and to lay before Congress a copy of the orders given to the officer commanding the irruption.

Ordered , That the letter of the 6th, from the committee at camp, so far as relates to the prisoners of the convention 0173 173 at Boston, be referred to a committee of three, who are to confer with the Board of War:

The members chosen, Mr. [Elbridge] Gerry, Mr. [Oliver] Wolcott, and Mr. [William] Ellery.

Three o'Clock, p. m

In consequence of an adjustment by the commissioners of claims, the auditor general reports,

That there is due to Richard Peters, Esq r . late secretary to the Board of War, his salary from the 13 June, 1776, to the 27 November, 1777, being one year, five months, and fourteen days, at 800 dollars per annum, the sum of 1,164 40/90 ∥dollars,∥ and for his fee for prosecuting the appeal in the case of the ship Elizabeth, 60 dollars; in all, 1,224 40/90 dollars; that he has received of the Board of War, in cash, 928 dollars, and in fire wood, left at Lancaster, 9 dollars, making in all, 937 dollars, leaving a balance due to Mr. Peters of 287 40/90 dollars:

That there is due to Mr. Joseph Nourse, his salary as deputy secretary to the Board of War, from the 10 November, 1777, to 10 February, 1778, inclusive, being three months, at 65 dollars per month, 195 dollars; and for cash paid William Handen, express to Lancaster, 4 dollars; the whole amounting to 199 dollars:

That there is due to Gotlieb Ziegler, for victualling Pensylvania militia, in July and August, 1776, 20 3/90 dollars: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 81.

Ordered , That the said accounts be paid.

A letter from the Board of War, with a letter from R. L. Hooper, and sundry papers enclosed, was read: 2

2 The letter of the Board of War is in the Papers of the Continental Congress , No. 147, I, folio 521.

0174 174

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

The members chosen, Mr. [Thomas] M'Kean, Mr. [Abraham] Clark, and Mr. [Nathaniel] Scudder.

The Committee on the Treasury, brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of Brigadier General de Roche Fermoy, for 800 dollars, to enable him to pay the demands now against him, and procure a passage to the West Indies; and that bills be taken for this sum, and also for the balance that may appear to be due to the United States, on adjustment of his account at the Board of Treasury, payable to the treasurer of the United States, at the rate of one dollar for three, being the ∥present∥ exchange. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 79.

A letter, of the 10 January, from Governor Clinton, of New York, to Mr. F[rancis] L[ightfoot] Lee, was laid before Congress, and read:

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

Another letter, of the 16, from Governor Clinton, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 67, II, folio 102.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the commissioner of the loan office in the State of New York, for the sum of 50,000 dollars, in favour of Jonathan Trumbull, Jun. Esq r . deputy pay master general for the northern department; for which he is to be accountable.

Resolved , That two millions of dollars be emitted, under the direction of the Board of Treasury, and on the faith of the United States:

That the bills shall, excepting the numbers, be of the 0175 175 same tenor and date as the emission directed the 21 of January last, be numbered from the last number of each respective denomination of that emission, progressively, and consist of the following denominations:

30,770 bills of 2 dollars each 61,540

30,768 do. of 3 do. 92,304

30,768 do. of 4 do. 123,072

30,768 do. of 5 do. 153,840

30,768 do. of 6 do. 184,608

30,768 do. of 7 do. 215,376

30,770 do. of 8 do. 246,160

30,770 do. of 30 do. 923,100

2,000,000

That all powers and duties of Michael Hillegas, Esq. and of the inspectors of the press, signers and printers of the emission directed on the 10 May last, shall extend to the said two millions now to be emitted, subject, however, to such directions and instructions as the Board of Treasury may judge expedient. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 83.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 17, 1778

A letter from the Rev. Mons. Lotbinier, was read:

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

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of Captain Peter Dolliver, for 2,247⅓ dollars, in discharge of Colonel Palfrey his draught of the 13 instant on the president of Congress, in favour of Lieutenant Colonel 0176 176 William Smith, and endorsed by him to the said Dolliver for that sum; William Palfrey, Esq r . pay master general to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 87.

A letter of the 14, from Major General Mifflin, at Reading, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 161, folio 32.

The committee, to whom was referred the letter from the Board of War, with the letter from R. L. Hooper, and others, brought in a report, which was taken into consideration: And thereupon, Congress passed the following resolution:

Whereas, by the resolutions of the 14 instant the commissioners appointed by the State of Pensylvania were authorized and directed to purchase and store in magazines, 30,000 barrels of flour, on the east side of the Susquehanna, and by a letter, since laid before Congress, from R. L. Hooper, Nathaniel Falconer, and Jonathan Mifflin, Jun. three of the superintendents appointed by the Board of War, in pursuance of a resolve of the 15 January last, it appears that the said superintendents are making contracts for executing the business entrusted with the said commissioners, contrary to the intentions of Congress expressed in their said resolutions: and whereas, it also appears by the aforesaid letter, that the above named superintendents, without any authority, in direct violation of the laws of Pensylvania, and contrary to the instructions given by the Board of War, have presumed to fix and ascertain the prices of several other articles wanted in the army, much higher than fixed by law in the State, directing the quarter masters to govern themselves by such illegal rates: therefore,

Resolved , That the Board of War be directed immediately to recal and suspend the said R. L. Hooper, Nathaniel 0177 177 Falconer, and Jonathan Mifflin, who are required to lay before Congress their proceedings and accounts. 1

1 This report, in the writing of Nathaniel Scudder, is in the Papers of the Continental Congress , No. 27, folio 77.

On motion, That the Committee for Foreign Affairs be directed to write to the commissioners at Paris, and direct them, upon the application of the executive powers of any of these United States, to apply to the court of France for an extension of the leave of absence to such French officers as may be employed in the service of such State: 2

2 This motion, with the vote, in the writing of Charles Thomson, is in the Pavers of the Continental Congress, No. 27, folio 79.

New Hampshire, Mr. Frost, no no Massachusetts, Bay, Mr. Lovell, ay * Rhode Island, Mr. Ellery, no no Connecticut, Mr. Dyer, no div. Huntington, ay New Jersey, Mr. Witherspoon, ay Clark, no no Scudder, no Pennsylvania, Mr. Roberdeau, ay J. Smith, ay ay Clingan, ay Delaware, Mr. M'Kean, ay ay Maryland, Mr. Forbes, ay ay Henry, ay Virginia, Mr. F. L. Lee, ay * North Carolina, Mr. Penn, ay ay South Carolina, Mr. Laurens, ay ay Georgia, Mr. Langworthy, ay ay Wood, ay

So it was resolved in the affirmative.

A petition from Joseph White was read:

Resolved , That four members be added to the Committee on Appeals:

The members chosen, Mr. [Thomas] M'Kean, Mr. [Samuel] Huntington, Mr. [John] Henry, and Mr. [James] Smith.

0178 178

Ordered , That the foregoing petition be referred to the Committee on Appeals.

A petition from Peter Shultz, Francis Jones, and others, was read:

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

The committee to whom the letter of 9th, from General Washington, was referred brought in a report, which was taken into consideration: Whereupon, Congress passed the following:

Whereas, doubts have arisen in the mind of General Washington, to whom the one month's extra pay allowed to the army under his immediate command, by the resolutions of Congress of the 29 of December last, should be confined:

Resolved , That the General be directed to order the same to be paid to all the continental forces under his immediate command at the time of passing the said resolution, whether in camp, hospitals, or on furlough, excepting all such as were then absent, without leave regularly obtained, or who had abused the indulgence granted them.

Congress took into consideration a report of the Board of War, of the 22d July last, to whom was referred the letter of the 8 of the same month, from Brigadier General R. Howe; Whereupon,

Resolved , That Brigadier General Robert Howe's appointment of Henry Purcell, to be deputy judge advocate general for the states of South Carolina and Georgia, be confirmed.

That Brigadier General Robert Howe's appointment of Mr. Nicholas Eveleigh to be deputy adjutant general for the states of South Carolina and Georgia, be confirmed.

A letter, of 31 January, from Governor Caswell, of North Carolina, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 59, I, folio 77.

0179 179

Ordered , That it be referred to Mr. [Francis Lightfoot] Lee and Mr. [James] Lovell.

A letter, of the 8, from General Washington, with sundry letters, which passed between him and General Howe, was read: 1

1 This letter is in the Papers of the Continental Congress , No, 152, V, folio 287.

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

The members chosen, Mr. [Elbridge] Gerry, Mr. [Thomas] M'Kean, and Mr. [William] Ellery.

Resolved , That to morrow be assigned for taking into consideration the letters from the committee ∥at camp,∥ respecting recruiting the army.

Mr. [Francis] Lewis, one of the delegates from the State of New York, laid before Congress an account of moneys expended by that State for the support of prisoners, with the vouchers:

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

Congress took into consideration the report of the committee on the state of Georgia; and after debate,

Ordered , That the farther consideration thereof be postponed.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 18, 1778

A letter, of the 18, and one of the 19 January, from General Heath, at Boston, with a letter to him from General Burgoyne, and General Heath's answer; and a letter of the 2d February from Brigadiers General Poor and Paterson, were read. 2

2 The letters of Heath are in the Papers of the Continental Congress , No. 157, folios 63 and 81; that of Poor and Paterson is in No. 163, folio 518.

0180 180

A letter, of the 17th, from the Board of War, was read; Whereupon,

∥ Resolved ,∥ That it be recommended to the governor and council of the State of Maryland, to embody a sufficient number of militia for the guarding the prisoners to be stationed at Fort Frederick, in that State; and that they also be requested immediately to appoint a commissary to purchase and supply the said militia with provisions during their service at that post:

That Mons. de Pontière be appointed a captain of horse by brevet, and that Mons. de Ponceaux, secretary to the Baron Steuben, have the brevet rank of a captain in the army of the United States: 1

1 This letter is in the Papers of the Continental Congress , No. 147, I, folio 525.

That Congress approve the proceedings of the Board of War with respect to Baron Steuben.

Another letter from the Board of War, with a letter from Thomas Wharton, Esq. president of the State of Pensylvania, and sundry other papers inclosed, was read:

Ordered , That the same be referred to Mr. [Thomas] M'Kean, and the delegates of Pensylvania.

Resolved , That Governor Clinton be authorized and requested to superintend the business of obstructing, fortifying, and securing the passes of the North or Hudson's river, agreeable to the resolutions of the 5th of November last, and to employ the militia of the State of New York, and to call upon the states of Massachusetts bay and Connecticut, for such parts of their militia as he may think necessary, and those states can spare, for executing this important business:

That the commanding officer at Peeks Kill be ordered and directed to furnish Governor Clinton with money from the military chest, and to give him every assistance 0181 181 in his power in forwarding and perfecting the business committed to him:

That a warrant issue on the commissioner of the loan office in the State of New York, in favor of Governor Clinton, for 50,000 dollars, towards defraying the charge of the business intrusted to him.

Resolved , That the warrant of the 3 February for 200,000 dollars, in favour of the Board of War, be paid to Joseph Nourse, pay master to the Board of War and Ordnance, to be applied to the purpose of purchasing provisions for the use of the grand army.

The commissioners of claims report,

That they have examined the accounts of Mr. Thomas Butler, amounting to 6,801 74/90 dollars, together with 800 dollars accounted with Colonel Flower, making in the whole, 7,601 74/90 dollars; that he has received of James Mease, Esq. 800 dollars; of John Gibson, Esq. 6,600 dollars; and for two vises 28 24/90 dollars; and after deducting sundry errors and over charges, there is a balance of 87 20/90 dollars due to him: 1

1 This report in the Papers of the Continental Congress , No. 136, II, folio 85.

Ordered , That the said balance be paid.

The commissioners farther report,

That there is due to Colonel Michael Swoope, for his pay from 22 September, 1776, to 7 February, 1778, a balance of 976 10/90 dollars:

Ordered , That the said account be paid.

A letter, from General Mifflin, of 18, directed to the Board of War, being laid before Congress:

Ordered , That the same, together with the papers relating to the quarter master's department, be referred to the Board of Treasury.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 19, 1778

A letter, of the 18, from the Board of War, with one enclosed from Cornelius Sweers, deputy commissary general of military stores, ∥was read:∥

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

Resolved , That General Mifflin be directed to attend immediately the Board of War, and that he order the several deputies and agents under him in the department of the quarter master general to proceed vigorously in executing the business of that department, without attending to the settlement of their respective accounts, until the department is properly arranged, and they can attend to the settlement of their accounts without detriment to the public cause.

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That the following warrants issue in favour of Major General Thomas Mifflin, quarter master general, for the use of his department, and for which he is to be accountable, viz.

One warrant on the treasurer for two hundred and fifty thousand dollars, to be transmitted him by Joseph Nourse, Esq r .

One warrant on Thomas Smith, Esq r . commissioner of the continental loan office for the State of Pensylvania, for one hundred and fifty thousand dollars.

Ordered , That a warrant issue on the treasurer in favour of Joseph Nourse, pay master to the Board of War and Ordnance, for the sum of fifty thousand dollars, to be applied by the said Board for the use of the 0183 183 commissary general of military stores department; the said pay master to be accountable: 1

1 This report, including the paragraph printed below on a grant to Mifflin, is in the Papers of the Continental Congress , No. 136, II, folio 91. The Mifflin paragraph is marked as “disagreed by vote.”

Ordered , That a warrant issue on the treasurer in favour of Thomas Hughes, pay master to the 7 Virginia regiment, for 9,630 dollars, it being in discharge of the draught of W. Palfrey, pay master general, for that sum, in favour of the said Hughes, on the president, dated at camp, 12 instant, the said pay master general to be accountable:

That a warrant issue on Thomas Smith, Esq r . commissioner of the continental loan office in the State of Pensylvania, in favour of Brigadier General David Forman, for 10,000 dollars, for which he is to be accountable, and that the deputy commissary general of purchases of the middle district be furnished with a copy of the resolve, and directed forthwith to settle the accounts of Brigadier Forman for provisions supplied by his order to the troops lately stationed at New Jersey, charging to him the amount of this grant, and reporting to the Board of Treasury the state of his accounts. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 89.

The Committee on the Treasury farther reported,

That a warrant should issue on Joseph Borden, Esq. commissioner of the continental loan office for the State of New Jersey, in favour of Major General Mifflin, for 80,000 dollars, for the use of the quarter master general's department:

On the question put, the states were divided.

Three o'Clock, p. m

Congress was moved for re-considering the report from the Board of Treasury for issuing a warrant on 0184 184 Joseph Borden, Esq. in favour of General Mifflin, for 80,000 dollars, ∥for the use of the quarter master general's department:∥

On the question put, passed in the negative.

A letter, of the 12, from Brigadier General Hand, at Fort Pitt, to the Board of War, was laid before Congress and read; 1 Whereupon,

1 This letter is in the Papers of the Continental Congress , No. 159, folio 402.

Resolved , That Brigadier General Hand transmit to the Arkansas, so much of the provisions which were demanded of him by Captain James Willing, of the armed boat Rattletrap , as he can spare, and judges necessary and proper for the purpose.

Ordered , That the letter be returned to the Board of War, to do therein what they judge proper and necessary.

The committee to whom ∥was referred∥ the letter of the 6th, from the committee at camp, so far as relates to the prisoners of the convention, at Boston, brought in a report, which was taken into consideration; Whereupon, Congress came to the following resolutions:

Whereas Congress, for reasons set forth in their resolutions of the 8 day of January last, have determined to detain Lieutenant General Burgoyne and the troops included in the convention of Saratoga, until the said convention shall be ratified by the court of Great Britain; and it will not only be inconvenient for the said troops, but also very distressing to the inhabitants of the town of Cambridge, and parts adjacent, to have so large a body of men confined within such narrow limits, for so long a time as must necessarily elapse before the ratification of the said convention can be known; therefore,

Resolved , That the supreme executive council of the State of Massachusetts bay be authorized and requested to remove, separate and place the said troops in such 0185 185 manner and in such parts of the said State as may be most convenient for their subsistence and security:

That General Heath be directed to carry into effect the orders of the supreme executive council of the State of Massachusetts bay, for removing, securing and providing for the said troops.

Resolved , That it be recommended to the council of the Massachusetts bay to order the continental barracks for the reception of prisoners in that State to be forthwith finished. 1

1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 25, I, folio 33.

A letter, of the 14, from the committee of Congress at camp, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 78, VII, folio 163.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 20, 1778

The Committee of Commerce laid before Congress sundry letters and papers respecting Monsr. de Francey, which were read:

Ordered , That they be referred back to the Committee of Commerce to report thereon, and that, for this purpose, Mr. [Elbridge] Gerry and Mr. [Henry] Laurens be added to the said committee.

Three o'clock, p. m

Resolved , That the president send a letter by express immediately to head quarters to the committee, desiring them to send a nomination of officers by the same express proper to fill the quarter master's department, agreeably to a request of Congress already transmitted to them.

0186 186

Congress took into consideration the letters from the committee of Congress at the camp, and their plan for filling up the army, and, after debate thereon,

Ordered , That the same be referred to a committee of five:

The members chosen, Mr. [Daniel] Roberdeau, Mr. [Oliver] Wolcott, Mr. [John] Penn, Mr. [James] Forbes and Mr. [Nathaniel] Scudder.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 21, 1778

It appearing, by intelligence this day received from camp, that alarming consequences are likely to ensue from a longer delay of appointing proper persons to fill the several offices in the quarter master's department:

Resolved , That the committee of Congress at the camp, in conjunction with General Washington, be authorized forthwith to make the proper appointments for the quarter master general's department.

A letter of 21, from Dr. W. Shippen, was read; 1 Whereupon,

1 This letter is in the Papers of the Continental Congress , No. 78, XX, folio 193.

Resolved , That a surgeon general be appointed for the hospital in the middle department, in the room of Dr. Brown, promoted; the ballots being taken,

Dr. Charles M'Knight was elected.

Whereas, the duty of the person who executes the office of secretary and pay master of the hospital in the middle department, is important and difficult:

Resolved , That the pay of the person who executes those offices in the hospital in the middle department, be augmented to three dollars a day.

0187 187

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of General Weedon, in discharge of a bill drawn by William Palfrey, Esq r . pay master general, in his favour, on the President of Congress, for the sum of two thousand five hundred dollars, which is to be charged to the pay master general:

That a warrant issue on the treasurer in favour of Joseph Nourse, pay master to the Board of War and Ordnance, for the sum of 500,000 dollars, to be by him transmitted to William Palfrey, Esq r . pay master general, and for which he is to be accountable:

That a warrant issue on the treasurer for the sum of forty thousand dollars, in favour of William Shippen, Jun. director general of all the military hospitals, for the use of the middle district; for which the director is to be accountable:

That another warrant be issued on Thomas Smith, Esq. commissioner of the loan office for the State of Pensylvania, for the sum of 35,000 dollars, in favour of the said director general, for the use of the said district; for which he is to be accountable;

That a warrant issue on the treasurer, for 500,000 dollars, in favour of the delegates of Georgia, to be advanced to that State for the sole purpose of calling in the currency of the said State, that has been emitted for the support of the continental troops; this sum to include the sum of four hundred thousand dollars granted for that purpose by the resolution of 15 August last. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 93.

Resolved , That the pay master general be directed to consult with General Washington on the propriety of keeping a deputy pay master at Baltimore, and if he shall 0188 188 judge such an, officer unnecessary, to inform Mr. Jonathan Hudson, that the public service not requiring his farther assistance in this capacity, he is excused therefrom by Congress, and is ordered to adjust his accounts with the pay master general as soon as may be. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 97.

The Committee on the Treasury report, “That they have taken into consideration the application of Baron de Holtzendorf; that by the agreement made at Paris between Mr. Deane and the Baron, it does not appear that the Baron is entitled to any sum for the defraying of his expences from and to Europe, or to any compensation on account of the loss of his equipage; that the Baron's claim, as being one of the officers accompanying Major General de Kalb to America, does not appear well founded, it being evident, from the resolves of Congress of September 8th, 1777, that those gentlemen were not employed in the service of the United States, but, in consideration of their zeal for that purpose, it was judged expedient to pay their expences; neither does it appear, on any other principles of justice, that he is entitled to the claims aforesaid;” Whereupon,

Resolved , That the sum of one thousand dollars, or such part thereof as he may require, be advanced to the Baron de Holtzendorf, to discharge the debts he may have contracted, and to enable him to return to Paris, he giving bills of exchange for the amount of any balance that may be due to the United States, in the same manner as Brigadier General de Fermoy. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 99.

Resolved , That General Washington be directed to order a major general to take the command of the troops in the State of Rhode Island, in the place of Major General Spencer, resigned.

0189 189

A letter from General Washington to Robert ∥L.∥ Hooper, Nathaniel Falconer, and Jonathan Mifflin, was laid before Congress, and read; also, an extract of a letter from Mr. [William] Duet to Mr. [Francis Lightfoot] Lee. 1

1 A copy of this letter is in the Papers of the Continental Congress , No. 152, V, folio 303.

Ordered , That copies of the same be sent by express to the executive council of Pensylvania, and that it be most earnestly recommended to them to exert the whole powers of the State in providing and forwarding to the army, by every possible means, supplies of provisions, (especially of the meat kind,) and forage, with the utmost despatch.

Resolved , That the Board of War immediately employ a suitable number of proper persons on the east side of the Susquehanna, to purchase meat and forage for the army, and to forward the same to the camp with all possible expedition, having respect to the prices fixed by the laws of the State of Pensylvania.

The Marine Committee, to whom was referred the complaint of the navy board in the middle department, against Captain Barry, report, as their opinion,

“That Captain Barry hath treated the said board, in the person Mr. Hopkinson, one of that board, with indecency and disrespect, and that he ought, within twenty days after this resolve shall have been notified to him by the said board, make such acknowledgment as shall be satisfactory to them:”

On the question put to agree to the report,

Resolved in the affirmative.

Adjourned to 10 o'Clock on Monday.

MONDAY, FEBRUARY 23, 1778

A letter, of the 16, from Lieutenant Colonel Matthew Smith, of the 9th Pensylvania regiment, ∥was read,∥ representing the declining state of his health, and, on that account, praying for leave to resign his commission:

Resolved , That leave be granted.

A letter, of the 22, from Brigadier James Wilkinson, was read.

A letter, of the 18, from Joseph Simons of Lancaster, was read:

Ordered , That it be referred to the executive council of Pensylvania, to do therein what they shall judge proper.

A letter, of the 9, from Southy Simpson, of Accomac ∥county, in Virginia,∥ was read: 1

1 The letter of Smith is in the Papers of the Continental Congress , No. 78, XX, folio 191; and that of Wilkinson is in No. 78, XXIII, folio 456; and that of Simpson, in No. 78, XX, folio 187.

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

A letter from B. Harrison, Jun. deputy pay master in Virginia, with his monthly account, was read:

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

A letter, of the 7, from Governor Caswell, was read, with papers enclosed, respecting Captain Folger: 2

2 This letter is in the Papers of the Continental Congress , No. 59, I, folio 81.

Ordered , That the same be referred to the committee appointed to take the examination of Captain Folger.

Sundry letters and papers being transmitted to Congress by the Board of War, the same were read:

Ordered , That the said letters and papers be referred to a committee of four, and that they be directed to collect the best information they can, relative to the irruption into Canada, and lay the same before Congress as soon as possible.

0191 191

The members chosen, Mr. [Oliver] Wolcott, Mr. [Francis Lightfoot] Lee, Mr. [William] Ellery, and Mr. [Thomas] McKean.

Three o'Clock, p. m

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of Captain William Brown, in discharge of William Palfrey, Esq. pay master general, his draught of the 20th instant, on the President of Congress, for two thousand one hundred and thirty two dollars and seventy four ninetieths of a dollar, for which the said pay master general is to be accountable:

That another warrant issue on the treasurer in favor of Captain Richard Dorsey, for 1.361⅓ dollars, in discharge of a draught of William Palfrey, Esq., pay master general on the President of Congress, dated 20 instant, and for which said pay master is to be charged.

That a warrant issue on the treasurer in favour of the commissary general, for one hundred thousand dollars, to be by him transmitted to Henry Champion, for the purpose of purchasing cattle in Connecticut:

That a warrant issue on the treasurer in favour of Dr. Jonathan Potts, deputy director general of the middle department, for one hundred thousand dollars, for the use of his department, and for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 101.

A letter, of the 13, from Sampson Matthews, was read, informing, that Governor Henry, of Virginia, has appointed him and Colonel Samuel M'Dowell commissioners to proceed to Fort Pitt, in the stead of Samuel Washington and Gabriel Jones, Esqrs. who have declined 0192 192 that business, and that they intend to set forward on their journey on the 23 instant. 1

1 This letter is in the Papers of the Continental Congress , No. 56, folio 89; that of Washington, in No. 152, V, folio 307.

A letter, of 19th, from General Washington, was read.

The Committee of Commerce laid before Congress a letter and a number of papers from Mr. ∥R.∥ Morris, which which were read:

Ordered , That they be referred to the committee to whom the affairs of Mons. Francy were committed.

Resolved , That the Board of Treasury be empowered to increase the pay of the signers of bills of credit in such way as they judge proper, provided that the sum allowed for signing and numbering 1,000 bills does not exceed 2 dollars.

The committee appointed to revise the system of the commissary of purchases, brought in a report, which was read:

Ordered , That the consideration thereof be postponed till to morrow.

A letter, of the 3d, from Governor Clinton, of New York, at Poughkeepsie, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 67, II, folio 106.

Ordered , That it be referred to the Board of War. Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 24, 1778

A petition from James Wilson, administrator of Samuel Allen, was read, praying that the commissioners of claims be directed to settle his account for a team of Samuel Allen employed and lost in the public service:

Ordered , That the prayer of the petition be granted.

0193 193

Congress took into consideration the report of the committee on the system of the commissary of purchases, and after some progress made therein,

Resolved , That the farther consideration thereof be postponed to Thursday next.

The committee, to whom the letters and papers from the Board of War were referred, brought in a report, which was taken into consideration; Whereupon,

Resolved , That the Board of War instruct the Marquis de la Fayette, who is charged with an expedition or irruption into Canada, that, considering the length of the rout into that country in an inclement season, he be particularly attentive to have his men well cloathed and so supplied with provisions, as effectually to guard against any misfortune which might happen for want of these necessary articles; and, in case he shall fail of obtaining forces which he shall judge competent, or supplies sufficient for them, that he carefully attend to these contingencies and regulate his conduct according to the probability of success, without exposing his troops to any very great or very apparent hazard, and report the reasons of his conduct to the Board.

A letter, of the 20, from Brigadier Parsons, relative to the treatment of the Vantassels, by the enemy, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 161, folio 331.

Ordered , That it be referred to the committee appointed to enquire into the conduct of the enemy, in regard to the prisoners who have fallen into their hands. 2

2 A letter of Elisha Warner, dated Providence, January 16, 1778, was read on this day. It is in the Papers of the Continental Congress , No. 78, XXIII, folio 443.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 25, 1778

The delegates of Pensylvania laid before Congress a letter signed Thomas Wharton Jun r ., president, dated in Council, Lancaster, February 23, 1778, requesting to be furnished with the following papers, viz. 1

1 This letter is in the Papers of the Continental Congress , No. 69, I, folio 473.

“The instructions of the Board of War to their superintendents of provisions; the plan laid down by the superintendents for the purchase, &c. of provisions; the instructions for the millers, dated the 11 January last; a letter from the superintendents to the Board of War, dated 11 February instant; a letter dated 12 February, instant signed Robert Lettis Hooper, deputy quarter master general, to the purchasers under the superintendents:”

Ordered , That the Board of War furnish the delegates of Pensylvania with copies of the above papers, or such of them as are in the office of the Board of War and Ordnance.

A letter, of the 24 January, from S. A. Otis, at Boston, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 78, XVII, folio 285.

The committee to whom were referred the letter of the 8 instant, from General Washington, and sundry other letters which passed between him and General Howe, relative to the exchange of prisoners and other matters, brought in a report, which was read.

The committee to whom were referred the letters and papers from the committee of Congress at camp, brought in a report, which was taken into consideration, and, after some time spent thereon, the farther consideration thereof was postponed to the afternoon.

The Committee on the Treasury brought in a report; Whereupon,

0195 195

Ordered , That a warrant issue on the treasurer in favour of Captain Pesky, for twenty-six thousand dollars, in discharge of William Palfrey, Esq r ., pay master general, his order, for that sum, on the president of Congress, dated camp, the 23 February instant in favour of Colonel E. H. Lutterlogh, deputy quarter master general, and endorsed by him to the said Pesky: the pay master general to be accountable: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 113.

The commissioners of accounts at the treasury report,

That there is due to the administrators of Samuel Allen, deceased, for hire of his waggon and team from the 4 September to the 4 December, 1776, is 92 days, at 2⅔ dollars, 245 30/90 dollars; and for the four horses, waggon, geers and cloth, which by certificates, appear to have been detained in the service after his decease, and never returned to his heirs, &c. appraised at 408 dollars, which last sum is to be charged to the account of the quarter master general; also for expences incurred on York Island, as by account and certificate, 7 62/90 dollars, amounting in the whole to 661 2/90 dollars:

That there is due to John Campbell, the sum of 1,243 30/90 dollars, for Colonel George Morgan's order on the President of Congress, in favour of Colonel William Crawford, being for provisions stored at Fort Pitt, which order is assigned over to said Campbell; the said Colonel George Morgan to be accountable:

That there is due to Simon and Campbell, the sum of 302 dollars, for arms sold to Colonel William, Crawford, for the use of the 13 Virginia regiment, as per Colonel Crawford's order on the Treasury Board: the said Colonel Crawford to be accountable: 2

2 This report is in the Papers of the Continental Congress , No, 136, II, folio 103.

Ordered , That the said accounts be paid.

0196 196

Three o'Clock, p. m

A letter of the 7th, and one of the 14 [11], from Major General Heath, at Boston, were read, the former enclosing copies of sundry letters that passed between him and Lieutenant General Burgoyne, and a letter from Lord Napier and Lieutenant Colonel Anstruther: 1

1 The letter of the 7th is in the Papers of the Continental Congress , No. 57, folio 145. That of the 11th is on folio 215.

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

The members chosen, Mr. [Oliver] Wolcott, Mr. [James] Lovell, and Mr. [Elbridge] Gerry.

Congress resumed the consideration of the report of the committee on the letters and papers from the committee at camp; and, after debate,

Ordered , That the farther consideration thereof be postponed till to morrow.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 26, 1778

Resolved , That it be an instruction to the captains or commanders of privateers, to annoy the enemy by all the means in their power, by land or water, taking care not to infringe or violate the laws of nations, or the laws of neutrality.

A letter of the 11th, from Lieutenant General Burgoyne, directed to the honorable Henry Laurens, president of the Congress, with three papers enclosed, were read:

Ordered , That they be referred to a committee of five:

The members chosen, Mr. [James] Lovell, Mr. [Thomas] M'Kean, Mr. [James] Smith, Mr. [Francis Lightfoot] Lee, and Mr. [Elbridge] Gerry.

0197 197

General Gates sent to Congress sundry letters, among which was one of the 9, from Major General Philips, which were read:

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

The Board of War sent to Congress sundry letters from the northern department, which were read,

Ordered , That they be referred to a committee of three: ∥the members chosen,∥ Mr. [Oliver] Wolcott. Mr. [Abraham] Clark, and Mr. [Francis] Lewis.

A letter, of the 25, from the Board of War, was read:

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

Congress took into consideration the report of the committee to whom were referred the letter of the 8th, from General Washington, and the letters which passed between him and General Howe, relative to the exchange of prisoners; Whereupon Congress came to the following resolutions:

Whereas, it appears to Congress, by the copy of a letter from General Washington to General Howe, of the 10 of this month, that he has consented to the propositions of General Howe, to the following effect: “that an exchange of all prisoners now in our possession, officer for officer, soldier for soldier, and citizen for citizen, so far as number and rank will apply, be carried into execution as expeditiously as the nature of the case will admit, and without regard to any controverted point, which might prove an impediment to so desirable an end:”

And, whereas, by a resolution of Congress of the 19 December last, a release of prisoners in the power of these states cannot take place before the account of all provisions, and other necessaries, which have been supplied by the public to such prisoners, are liquidated and discharged:

0198 198

And, whereas, it is the wish of Congress to accomplish the desirable purpose of exchanging the prisoners without unnecessary delay:

Resolved , That an express be sent to the several legislatures, or supreme executive authorities of the respective states, for such accounts of money, provisions, and other necessaries, which they have supplied to prisoners taken by the United States since the commencement of the war, as have not been already transmitted to Congress; that they be requested to make up the said accounts to the first day of March next, and transmit them as speedily as possible to the commissioners of claims at the Board of Treasury; that the accounts of each State from New Hampshire to Virginia, inclusively, be sent to the said commissioners on or before the 15 day of April next, and of the other states, on or before the first day of June next, and that the respective states sustain the losses which may arise from detaining such accounts longer than the time herein allowed them for rendering the same.

Resolved , That all officers in the departments of the quarter master, pay master, and cloathier general, and commissaries of provisions and prisoners, the commissioners of accounts, and other officers, who may have accounts or charges of money, provisions, or other necessaries in their respective offices, for supplies furnished the said prisoners, be directed to send such accounts to the commissioners of claims at the Board of Treasury, on or before the 15 day of April next, and that they respectively sustain the losses that may arise from a neglect hereof:

That the commissioners of claims be directed to prepare the said accounts for adjustment without delay, and that no exchange of prisoners be made until the balance due thereon to the United States is discharged.

0199 199

Three o'Clock, p. m

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of the Committee of Commerce for twenty thousand dollars, advanced upon their application, for the purpose of loading with rice the ship Flamand , ordered to South Carolina; the said Committee to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 105.

A petition from Archibald Steel, deputy quarter master general for the troops at Fort Pitt, was read:

Ordered , That it be referred to the Committee of Commerce. 2

2 In the Papers of the Continental Congress , No. 147, I, folio 543, is a report of the Board of War, as follows:

“ Resolved , That his Excellency the Commander in Chief be informed, that the intention of Congress by their order of 20 February last, referring the proceedings of the Court martial on Colonel Steel, to him, was that he should finally determine thereon, or direct such farther proceedings as he should think necessary.” The members present were [Jesse] Root, Pickering and Peters. It is without date.

Congress resumed the consideration of the report of the committee on the letters and papers from the Committee of Congress at camp, and thereupon came to the following resolutions:

Whereas, the well being and safety of these states require that a powerful army be early brought into the field, effectually to oppose and defeat the public enemies thereof: 3 and whereas by the actual invasion of some of the said states, and the local circumstances of others, it would be inexpedient and unreasonable to draw forth from all of them their full proportion of the continental batallions, according to the establishment heretofore settled and apportioned in Congress:

3 The original report added: “and as experience hath fully proved the impracticability of recruiting an army in due season by voluntary enlistments, and it has therefore become indispensably necessary to accomplish the same by drafts from the militia of the several States;”

0200 200

Resolved , That the several states hereafter named be required forthwith to fill up by drafts from their militia, [or in any other way that shall be effectual,] 1 their respective batallions of continental troops, according to the following arrangement, viz.

1 Added by Henry Laurens.

New Hampshire 3

Massachusetts bay 15

Rhode Island and Providence Plantations 1

Connecticut 8

New York 5

New Jersey 4

Pensylvania 10

Delaware 1

Maryland [including the German batallion.] 2

2 Inserted by Charles Thomson.

8

Virginia 15

North Carolina 9

That all persons drafted, shall serve in the continental batallions of their respective states for the space of nine months, from the time they shall respectively appear at the several places of rendezvous hereafter mentioned, unless sooner discharged:

That it be recommended to the several states to appoint officers to superintend the making and forwarding the said drafts, and to direct such superintendents to procure complete lists of the men drafted, with a description of their persons, their age, stature, the places of their abode, and the regiment and company from which they shall have been drafted, and to forward the same to the commissioners hereafter mentioned, who shall transmit an exact copy thereof to the Commander in Chief.

And to the end, the commissioners may be enabled the better to execute their business, and the men drafted as aforesaid, may be sent to the said places of rendezvous with the greater safety and expedition:

Resolved , That it be recommended to the several states to require their several militia officers, by whom any men 0201 201 shall have been drafted, to deliver to the said superintendents such descriptive lists of the men by them respectively drafted for the purpose aforesaid; and further, to direct the said superintendents to make similar lists of the men by them, from time to time, sent to the said places of rendezvous, and take receipts for such men upon the said lists from such officers as they shall appoint to conduct them as aforesaid, and forward copies of such lists and receipts to the said commissioners:

That it be recommended to each of the said states to appoint one or more commissioners, to reside at the said places of rendezvous, for the purpose of receiving the drafts of their respective states, and delivering them over to the continental officers, who may be appointed by the Commander in Chief, there to receive them; and further, to direct their respective commissioners to give receipts for such drafted men as shall be delivered to them, and make out such descriptive lists, as aforesaid, of the men by them, from time to time, delivered over to such continental officers, and take receipts thereon from them, and transmit copies of such lists and receipts to the Commander in Chief:

That it be recommended to the several states to make provision for their drafted men upon their march to the said places of rendezvous, and that the states be allowed, for such subsistence, one twenty-fourth part of a dollar per mile for each man actually marching to the said places of rendezvous, and no more.

Resolved , That all the drafts from the New England states shall rendezvous at Fish Kill, on Hudson's river; those of New York, at Easton, in the State of Pensylvania; those of New Jersey, Pensylvania, Delaware, and Maryland, at camp; those of Virginia, at Alexandria and 0202 202 Sheppard's town, in the same State; and those of North Carolina, at Pittsylvania court house and Petersburgh, in Virginia; unless otherwise directed by the Commander in Chief.

Resolved , That every person drafted as aforesaid, who shall supply himself with a good firelock and bayonet, a cartouch box, haversack, or blanket, and shall, at the expiration of the term of his service, produce, to the proper pay master, a certificate from his captain, or other commanding officer of his company, that he hath been constantly provided therewith, shall receive, for the use of his firelock, bayonet, and cartouch box, two dollars, and for the use of his blanket, four dollars, and in a like proportion for any or either of them. And in case any of the said articles shall be lost or rendered useless in the service, without the negligence or fault of the proprietor, he shall be paid the value thereof.

Resolved , That it be earnestly recommended to the several States to forbear giving any public bounty whatever to the men Agreed to be expunged. who shall be drafted from the respective militia in pursuance of the foregoing resolutions.

Resolved , That on the First Day of October next, an exact return shall be made to Congress of the deficiencies of men in the Continental army, to the end, that such deficiencies may be supplied (by an equitable draft from the militia of the several States) according to the proportions heretofore established in Congress, and such other circumstances as may arise in the course of the campaign.

Resolved , That all persons, in whatever way procured, for supplying the deficiencies in the continental batallions, unless inlisted for three years, or during the war, be considered as drafts; and that it be recommended to the several states to exert themselves to procure recruits for their respective continental batallions by inlistments for three years, or during the war, and that the drafts from 0203 203 the respective states be discharged in proportion as such recruits from the said states shall join the army.

And, whereas, experience hath proved that no confidence can be placed in prisoners of war or deserters from the enemy, who inlist into the continental army; but many losses and great mischiefs have frequently happened by them; therefore,

Resolved , That no prisoners of war or deserters from the enemy be inlisted, drafted, or returned to serve in the continental army. 1

1 The original report added “any Convicts except such as have served out their times in the Continental Army, or such as have families or considerable property in any of the States.” This report, in the writing of Francis Dana, is in the Papers of the Continental Congress , No. 33, folio 113.

Ordered , That the Board of War instruct and direct the commissary general of prisoners to appoint proper persons to examine all officers and any of the privates of the United States, that shall be hereafter exchanged, and take such of their depositions as may be necessary to ascertain the treatment our prisoners in the hands of the enemy have received during their captivity, and report the same to Congress.

A letter, of the 8, from General Schuyler at Albany, one, of the 20th, from the committee of Congress at camp, were read: 2

2 The letter of Schuyler is in the Papers of the Continental Congress , No. 153, III, folio 276; that of the committee to camp is in No. 33, folio 171.

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

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 27, 1778

A letter, of the 10, from Major General Putnam, at West Point, Hudson's river, ∥was read: 1 ∥

1 This letter is in the Papers of the Continental Congress , No. 159, folio 121.

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

The Board of War, having made a report, the same was read and debated; and, thereupon, Congress came to the following resolutions:

Whereas, a few deluded inhabitants of these states, prompted thereto by arts of the enemy, have associated together, for the purpose of seizing and secretly conveying to places in possession of the British forces, such of the loyal citizens, officers, and soldiers of these states, as may fall into their power; and being assisted by parties furnished by the enemy, have, in several instances, carried their nefarious designs into execution; and such practices being contrary to their allegiance as subjects, and repugnant to the rules of war: 2

2 The original report continued: “reprobated too by even British Commanders, when they supposed they were intended against themselves or their adherents.”

Resolved , That whatever inhabitants of these states shall kill or seize, or take any loyal citizen or citizens thereof, and convey him, her, or them, to any place within the power of the enemy, or shall enter into any combination for such purpose, or attempt to carry the same into execution, or hath assisted or shall assist therein; or shall, by giving intelligence, acting as a guide, or in any other manner whatever, aid the enemy in the perpetration thereof, he shall suffer death by the judgment of a court martial, as a traitor, assassin, and spy, if the offence be committed within seventy miles of the head quarters of 0205 205 the grand or other armies of these states, where a general officer commands.

∥In passing the above resolution the yeas and nays were required, and are as follows:∥

New Hampshire, Mr. Frost, ay ay Massachusetts bay, Mr. Gerry, ay * Lovell, ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Dyer, ay Wolcott, no no Huntington, no New York, Mr. Lewis, ay * New Jersey, Mr. Clark, no div. Scudder, ay Pennsylvania, Mr. Roberdeau, ay J. B. Smith, no ay James Smith, ay Clingan, ay Delaware, Mr. M'Kean, ay ay Maryland, Mr. Forbes, ay ay Henry, ay Virginia, Mr. F. L. Lee, ay ay Harvie, ay North Carolina, Mr. Penn, ay ay South Carolina, Mr. Laurens, ay ay Georgia, Mr. Langworthy, ay ay Wood, ay

And, whereas, small parties of the enemy, encouraged by the evil dispositions of some of the inhabitants of these states, may make excursions into the country for the purposes above mentioned, or others not warranted by the custom of war:

Ordered , That General Washington determine and publish, in such way as he shall deem proper, the number under which no party of the enemy shall be suffered to go beyond their lines, on pain, if taken, of being treated as marauders and punished with death.

0206 206

Resolved , That a company of bakers be raised, to bake bread for the army; the company to consist of

One director, who shall have 50 dollars a month and 3 rations a day.

Three sub-directors, at 40 do. 2 do.

Twelve foremen, 30 do. 1 do.

Sixty bakers, 24 do. 1 do.

That the company be inlisted for one year from the day of their inlistment, and be subject to the rules and articles of war.

That each foreman and baker have the same cloathing as is allowed to non-commissioned officers in the continental service:

That the Board of War be directed to appoint the director and sub-directors, and cause the company to be raised and set to work with the utmost despatch. 1

1 This report, dated February 26, in the writing of Timothy Pickering, is in the Papers of the Continental Congress , No. 147, I, folio 533.

A letter, of the 4, from Governor Livingston, of New Jersey, at Lebanon Valley, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 68, folio 329.

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

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of Archibald Steel, deputy quarter master general, for 30,000 dollars, advanced him upon application of the Board of War, for the use of the quarter master general's department in the western district; Major General Mifflin, quarter master, to be accountable. 3

3 From lines by Thomson on the back of a report from the Board of War the vote on this proposition was 8 ayes and 1 no. The Treasury report is in the Papers of the Continental Congress , No. 136, II, folio 107.

A letter, of the 26, from the Board of War, was read: 4

4 This letter is in the Papers of the Continental Congress , No, 147, I, folio 529.

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

0207 207

The members chosen, Mr. [John] Harvie, Mr. [Elbridge] Gerry and Mr. [Abraham] Clark.

Resolved , That a committee of three be appointed to prepare a recommendation to the United States, to set apart a day of fasting, humiliation and prayer:

The members chosen, Mr. [Daniel] Roberdeau, Mr. [Samuel] Huntington and Mr. [Nathaniel] Scudder.

Three o'Clock, p. m

Congress resumed the consideration of the report of the committee on the system of the commissary of purchases, and after some progress made therein,

Resolved , That the farther consideration thereof be postponed till to morrow. 1

1 A letter from the committee at camp, dated February 24, was read on this day. It is in the Papers of the Continental Congress , No. 33, folio 185.

∥Adjourned to 10 o'Clock to Morrow.∥

SATURDAY, FEBRUARY 28, 1778

A letter, of the 27, from R. R. Wilford, aid-de-camp of Lieutenant General Burgoyne, was read:

Ordered , That it be referred to the committee on the letter from Lieutenant General Burgoyne.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of the Marine Committee, for five thousand dollars, to be transmitted to Nathaniel Shaw, Esq. continental agent in Connecticut:

That a warrant issue on John Lawrence, Esq. commissioner of the continental loan office in the State of 0208 208 Connecticut, in favour of the Marine Committee, for thirty-five thousand dollars, to be transmitted to the said Nathaniel Shaw, for which two sums the said Committee is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 111.

A report from the Board of War was laid before Congress and read, and the same being taken into consideration and debated,

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

The members, Mr. [John] Harvie, Mr. [William] Ellery, Mr. [Thomas] M'Kean and Mr. [Abraham] Clark.

Resolved , That the warrant on the commissioner of the loan office of the State of New Jersey, of the 24 January last, in favour of his excellency Governor Livingston, for ten thousand dollars, be paid in preference to any other warrant previously issued on the said commissioner, and that the money be applied to the purpose of paying the premiums for apprehending deserters, as well as of recruiting the continental batallions raised by the said State:

Ordered , That a warrant issue on the treasurer in favour of the delegates of New Jersey, for 5,000 dollars, to be by them transmitted to Governor Livingston, for the purposes mentioned in the preceding resolve; he to be accountable.

A letter, without date, from the Baron Holtzzendorf was read.

Ordered, That he have leave to withdraw it.

A petition and remonstrance from the justices and field officers of the county of Northampton, in Virginia, in behalf of themselves and the inhabitants of the said county, was read: 2

2 This petition is in the Papers of the Continental Congress , No. 43, folio 209,

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

0209 209

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of William Buchanan, commissary general of purchases, for 12,000 dollars, for the use of the middle district of his department; he to be accountable:

That a warrant issue on the treasurer in favour of the delegates of the State of North Carolina, for three thousand five hundred dollars, advanced upon the application of John Penn, sq r .; the said State to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 109.

Adjourned to 10 o'Clock on Monday.

MONDAY, MARCH 2, 1778

A letter, of the 28 February, from Richard R. Wilford, aid-de-camp of Lieutenant General Burgoyne, enclosing a list of officers who were exchanged by General Gates at Albany, and for whom General Burgoyne requires passports, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, XXIII, folio 461.

Ordered , That the said letter with the list be referred to the Board of War.

A letter, of the first, was read from R. R. Wilford, 3 enclosing another letter from Lieutenant General Burgoyne, in which he observes, that “altho' he informed the President that the contents of the enclosed letter was dependent upon the resolutions the Congress might come to with regard to the first letter delivered, yet as this only concerns Lieutenant General Burgoyne and his family, he conceives it may not be improper to lay it before Congress now, as the Congress will consider them, either together or separately, as they see just, and it will also serve to prevent any delays that may arise by his keeping

3 This letter is in the Papers of the Continental Congress , No. 57, folio 183.

0210 210 this back, until their determination with respect to the other is known:”

The letter enclosed from Lieutenant General Burgoyne, dated Cambridge, February 11, 1778, and directed as the other of the same date, was read: 1

1 Two letters of this date from Burgoyne are in the Papers of the Continental Congress , No. 57, folios 177 and 207.

Ordered , That this letter be referred to the committee on the former letter from General Burgoyne.

A letter, of the 25 February, from the committee at camp, was read, proposing a new arrangement of the quarter master's department, and recommending proper persons to execute the business of the said department: 2

2 This letter is in the Papers of the Continental Congress , No. 33, folio 197.

Congress taking into consideration the arrangement proposed by the committee,

Resolved , That the same be adopted, instead of that agreed on the 5 day of February, and that there be one quarter master general, and two assistant quarter masters general:

That these three be allowed, for their trouble and expence, one per cent. upon the monies issued in the department, to be divided as they shall agree, and including an addition to the pay of the waggon master general and his deputy:

That Major General Greene be appointed quarter master general:

That John Cox and Charles Pettit, Esqrs. be appointed assistant quarter masters general:

That the forage masters, waggon masters, and other officers in the department, be in the appointment of the quarter master general, who is to be responsible for their conduct.

Resolved , That Major General Greene retain his rank of major general in the army.

0211 211

Resolved , That Major General Mifflin, late quarter master general, be directed to make out immediately and transmit to Congress and to Major General Greene, quarter master general, a state of the preparations for the next campaign in the quarter master general's department, specifying what articles are in readiness, where deposited, where engaged and in what quantities; and that he deliver or cause the same to be delivered to Major General Greene, Q. M. G., or his order.

Whereas, Dr. Parke and [ ] Morton, both of the city of Philadelphia, the former son-in-law and the latter step-son of James Pemberton, have presumed to undertake a journey from Philadelphia to Winchester, without calling at head quarters, or obtaining permission from any lawful authority:

Resolved , That the Board of War be directed to cause the said Parke and Morton to be apprehended and confined in prison till farther orders.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of William Mountjoy, pay master to the 3d Virginia regiment, for 6,500 dollars, in discharge of the order of William Palfrey, Esq r . pay master general, on the President of Congress, in favour of the said Mountjoy, for that sum, dated camp, 23 February; the said pay master general to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 117.

In consequence of an adjustment by the commissioners of claims, the assistant auditor general reports,

That there is due to the Colonel Kermovan, for 1,308 rations, the sum of 102 54/90 dollars: 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 115.

Ordered , That the said account be paid.

0212 212

Resolved , That Major General Crates be requested to lodge among the papers of Congress, in the secretary's office, the original letter of General Burgoyne to him, dated “Public house, at Cambridge, November 14, 1777.”

The Board of War, to whom the petition and remonstrance from the justices and field officers of the county of Northampton, in Virginia, in behalf of themselves and the inhabitants of the said county, was referred, report,

“That the circumstances attending the counties of Accomac and Northampton, in the State of Virginia, are such as to render them peculiarly subject to the depredations of the enemy, and that there being also therein a large quantity of continental property, imported from foreign parts, and no guards regularly established for the protection thereof until removal, it is expedient, that the men raised by draft or otherwise, in the said counties, as part of the Virginia quota of troops, be ordered to remain in the said counties, subject to the order of Governor Henry and the council of Virginia, who are requested to embody them under proper officers who will attend to their government and discipline, and employ them in protecting the property of the United States, or in other military services until the farther order of Congress or the Board of War; and that the memorial of sundry inhabitants of the said counties, on the subject of these drafts, be sent to Governor Henry, to be laid before the assembly of that State for their consideration, and that they be requested to take measures for the safeguard and protection of the said counties in case the said drafts shall be ordered to join the army.” 1

1 This report, dated February 28, and in the writing of Richard Peters, is in the Papers of the Continental Congress , No. 147, I, folio 537.

Resolved , That Congress agree to the foregoing report.

The committee to whom were referred the letters from 0213 213 General Heath, brought in a report, which was read; Whereupon,

Resolved , That the president write to General Heath, and inform him that it was by no means the intention of Congress that General Burgoyne should be prevented from communicating to Lord Howe, or the commanding officer of the British ships in the harbour of Newport, the intelligence of the act of Congress detaining the troops of the convention of Saratoga, until it shall be ratified by the court of Great Britain:

That General Heath be directed to permit Lieutenant Colonel Anstruther, of the 62 British regiment, and Lord Napier, lieutenant of the 31 regiment to go on his parole to Rhode Island, in order to negotiate an exchange for himself; provided, that if Colonel Ethan Allen shall not have been exchanged for Lieutenant Colonel Campbell, no exchange but Colonel Ethan Allen shall be accepted for Colonel Anstruther. 1

1 This report, in the writing of Oliver Wolcott, is in the Papers of the Continental Congress , No. 19, III, folio 113.

Whereas, it is essential to the operations of the army during the next campaign, that the most vigorous measures should forthwith be adopted for forming a body of horse, upon such principles as are most likely to advance the public interest and the honor of the officers and men who compose the same; and whereas, in times of public danger, when the lives, liberties, and property of a free people are threatened by a foreign and barbarous enemy, it is the duty of those, who enjoy in a peculiar degree the gifts of fortune, and of a cultivated understanding, to stand forth in a disinterested manner in defence of their country, and by a laudable example to rouse and animate their countrymen to deeds worthy of their brave ancestors, and of the sacred cause of freedom:

0214 214

Resolved , That it be earnestly recommended to the young gentlemen of property and spirit, in the states of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Delaware, Maryland, Virginia and North Carolina, forthwith to constitute, within theft respective states, a troop or troops of light cavalry, to serve at their own expence (except in the article of provisions for themselves and forage for their horses,) until the 31 December next:

That each troop, so to be raised, consist of not less than twenty, nor more than 60 rank and file; that they have a right to choose their own officers, who shall receive continental commissions; and that they rendezvous at the main army on the first day of May next, or at an earlier period if possible:

That, in order to excite a proper spirit of emulation in these troops, and to give them an opportunity of appropriating that fame which their respective merits may entitle them to, during the campaign, each troop shall bear the name of the State in which it is raised:

That these troops, when raised, shall not serve as expresses, except in time of action, nor as escorts to the persons of any general, except that of the commander of the army with whom they serve, unless with their own choice:

That Whenever any Vacancies shall happen in any of the Battalions of Horse rais'd on the Continental Establishment which cannot be supplied by the Commissioned Officers of such Battalion, where the Vacancy shall happen, the same shall be supplied from one of the Troops above mentioned by such Person, as shall be nominated by the Troop, to whom the Offer of such vacancy shall be given; and to prevent all Suspicion of Partiality in this Respect, the Offer of [the first] Vacant Commission shall be given to the Troops which shall first arrive at the Place of Rendezvous. of the second to the next. and so Progressively.

0215 215

Resolved , That it be recommended to the Government of the respective States to Countenance and Encourage this Design That every horse which shall be killed and every horse and accoutrements which shall be taken by the Enemy in action shall be paid for by the United States, the value to be ascertained under the direction of the Commander in chief, and that all booty taken from the Enemy shall belong to the troop by whom it shall be taken in equal share and divided and that the Board of War transmit to them forthwith Copies of the foregoing Resolutions, together with a descriptive List of the Accoutrements necessary for Man, and Horse.

That every horse which shall be killed, and every horse and all arms and accoutrements, which shall be taken by the enemy in action, shall be paid for by the United States; the value to be ascertained under the direction of the Commander in Chief; and all booty taken from the enemy shall belong to the troop by whom it shall be taken.

The Proposer of this Plan can assure Congress from his own Knowledge that the State of Pensilvania, and one or two other States will immediately adopt it and from the Spirit of Emulation, which the different States have always shewn in Matters that tended to bring their Public Spirit to a Test, there is no Room to doubt but it will meet with general Success.

Feby 20th , 1777. [1778?]

P. S. Should Congress adopt this Plan the sooner it is published in the Papers the better, as Numbers of Young Men of Spirit will immediately set about Equipping themselves in the different States. 1

1 This report, in the writing of William Duer, is in the Papers of the Continental Congress , No. 60, folio 363. On folio 365, in the same writing, is an essay on “An expeditious and cheap mode for forming a body of light cavalry for the service of the next campaign.”

Resolved , That it be recommended to the governments of the respective states to countenance and encourage this design; and that the Board of War transmit to them forthwith, copies of the foregoing resolutions, together with a descriptive list of the accoutrements necessary for man and horse.

0216 216

The committee to whom the letter from Lieutenant General Burgoyne to the president of Congress, dated the 11 February, with the papers enclosed, was referred, report,

“That they have carefully perused and duly considered the letter and papers, and are of opinion that nothing therein contained, is sufficient to induce Congress to recede from their resolves of the 8th day of January last, respecting the convention of Saratoga:” Whereupon,

Resolved , That Congress agree to the said report.

That they have taken into particular consideration the new Proposition that the Officers of the Army under General Burgoyne should join their Signature to his for a further Pledge of Faith; and, without calling the Honor of the said General or his Officers in Question, your committee are of Opinion that the present Situation of Himself and his Officers operates so strongly against a Reliance upon the Proposition made, that congress cannot safely close with it; especially considering the Light in which the court of Great Britain affects to view the good People of the United States of America. 1

1 This report, in the writing of James Lovell, is in the Papers of the Continental Congress , No. 19, I, folio 447.

The committee to whom the letters from General Heath were referred, brought in a report; Whereupon,

Resolved, That the president write to General Heath, and inform him that it was by no means the intention of Congress that General Burgoyne should be prevented from comminuting to Lord Howe or the commanding officer of the British ships in the harbour of Newport the intelligence

The committee to whom were referred the letters and papers from the Board of War, respecting the northern department, brought in a report, which was taken into consideration, and thereupon Congress came to the following resolution:

Whereas it appears from authentic accounts that difficulties 0217 217 attend the prosecution of the irruption ordered to be made into Canada under the conduct of the Marquis de la Fayette, which render the attempt not only hazardous in a high degree but extremely imprudent;

Resolved , That the Board of War instruct the Marquis de la Fayette to suspend for the present the intended irruption, and at the same time, inform him that Congress entertain a high sense of his prudence, activity and zeal, and that they are fully persuaded nothing has, or would have been wanting on his part, or on the part of the officers who accompanied him, to give the expedition the utmost possible effect.

Ordered , That a warrant issue on the treasurer in favour of Mr. Joseph Nourse, pay master of the Board of War and Ordnance, for 500,000 dollars, to be by him transmitted to Jonathan Trumbull, Jun. deputy pay master general, for the use of his department, he to be accountable.

Ordered , That the letters and papers aforesaid ∥respecting the northern department,∥ be referred back to the Board of War, who are directed to order such disposition of the troops in the northern department as they judge most effectual to secure the important passes on Hudson's river, and the posts and countries to the northward.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, MARCH 3, 1778

Resolved , That a member from Connecticut be added to the Marine Committee:

The member chosen, Mr. [Samuel] Huntington.

A letter from R. Harris to William Buchanan, respecting salt, was ∥laid before Congress, and∥ read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XI, folio 285.

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

0218 218

The committee to whom was referred the letter, No. 2, from Lieutenant General Burgoyne, February 11th, with a paper enclosed, brought in a report, which was taken into consideration; Whereupon,

Resolved , That Lieutenant General Burgoyne, on account of his ill state of health, have leave to embark for England by Rhode Island, or any more expeditious route, with the officers of his family and his servants; that General Heath furnish the necessary passports, accepting a parole from Lieutenant General Burgoyne, Lieutenant Colonel Kingston, and Dr. Wood, “that should the embarkation of the troops of the convention of Saratoga be by any means prolonged beyond the time apprehended, those officers will return to America, upon demand and due notice given, and will re-deliver themselves into the power of Congress, unless regularly exchanged.”

Resolved , That Captain Willoe, of the 8th regiment, be furnished with a passport to return to Canada, by way of Halifax, in Nova Scotia, under the restriction of the parole given by the Canadian troops in the convention of Saratoga, till he shall be regularly exchanged.

Resolved , That it is not expedient to grant the passports requested by General Burgoyne, for Captain Vigors, of the 29 regiment, Lieutenant Wheat of the 20th, or Lieutenant Bibby, of the 24th.

The committee also report, upon the letter which was referred to them from Lieutenant Wilford, aid-de-camp to General Burgoyne, That Lieutenant Wilford be permitted to deliver to the Board of War duplicates of the papers by him presented to Congress, and that the Board be directed to forward them to General Washington, to be transmitted by a flag to General Howe, without delay, but that Lieutenant Wilford be not permitted personally to convey the duplicates either to General Washington or General Howe:

0219 219

Resolved , That Congress agree to the reports of the committee.

Mr. [John] Harvie laid before Congress an extract of a letter from one of the committee at camp, relative to the purchase of provisions for the army:

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

The members chosen, Mr. [Eliphalet] Dyer, Mr. J[onathan] B[ayard] Smith, Mr. [Thomas] M'Kean, Mr. [Abraham] Clark, and Mr. [John] Harvie.

Resolved , That General Heath be directed to acquaint Lord Napier, and any other officer who may apply for liberty to go within the enemy's posts, to negociate a personal exchange, that Congress do not think it expedient to continue to grant passports for that purpose, as such exchanges may be effected in the customary way.

Adjourned to ∥10 o'Clock∥ to Morrow.

WEDNESDAY, MARCH 4, 1778

The commissioners of claims report,

That there is due to Moses Young, for his services as clerk in the secretary's office, from the 21 July, 1777, to the 28 August following, the sum of 52 dollars: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 119.

Ordered , That the said account be paid.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer, in favour of Joseph Nourse, pay master to the Board of War and Ordnance, for one hundred thousand dollars, to be by him transmitted to Hugh Hughes, deputy quarter master general at Peeks Kill, for the use of the quarter master general's department; Major General Mifflin, late Q. M. G., to be accountable:

0220 220

Ordered , That a warrant issue on the treasurer in favour of the honble John Harvie, for 70 17/90 dollars, being the amount of his expences as one of the commitee from Congress to head quarters.

Ordered , That a warrant issue on the treasurer in favour of the honble John Harvie for 1,800 dollars advanced upon his application; for which the State of Virginia is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 121.

A letter, of the 10 February, from Jeremiah Wadsworth to General Mifflin, also a letter of the 21 February, from H. Hughes to A. Butler, were laid before Congress, and read:

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

The Board of War, to whom was referred the letter of the 20 February, from the committee at camp, having made a report thereon, Congress took the same into consideration; Whereupon,

War Office , March 2 d , 1778 .

Present: M. Gen l Gates, M r Peters, Col o . Pickering

Agreed to report to Congress:

The Board have considered the representation of the Honbl e Committee of Congress at Camp, respecting the employing 400 Indians with the grand army. Altho' the Board would have doubted the expediency of the measure, from the great difficulty and expense which will attend the raising them, and still greater in employing them to advantage, and satisfying their demands, Yet seeing those Gentlemen have fully discussed the matter with General Washington, and upon the maturest deliberation recommend it: As Gen l Washington too, who is perfectly acquainted with the manners of the Indians, and the embarrassments they create in an army, yet judges these will be outweighed by their services, and appears very desirous that the measure should be adopted by Congress, the Board cannot but concur therein. 2

2 This report is in the Papers of the Continental Congress , No. 33, folio 203.

0221 221

Resolved , That General Washington be empowered, if he thinks it prudent and proper, to employ in the service of the United States a body of Indians, not exceeding 400; and that it be left to him to pursue such measures as he judges best for procuring them, and to employ them, when procured, in such way as will annoy the enemy without suffering them to injure those who are friends to the cause of America.

The Board of War to whom was referred the letters and papers relative to the defence of the posts on Hudson's river, and the obstructions and works to be made and erected under the direction of Governor Clinton, having made a report thereon, the same was read; Whereupon,

Resolved , That the regulation of the wages of artificers not inlisted into the continental service, be left to Governor Clinton's discretion:

That the eight iron field-cannon mounted, and the twenty-three not mounted, with the sixty-six pieces of different calibres, brought and bringing from Ticonderoga, be subject to the orders of Governor Clinton, for the defence of the passes of Hudson's river:

That the governor be assisted by the artificers in Albany or elsewhere on that river, in stocking the guns, and that he have authority to purchase all other necessary cannon for the defence of the passes on the said river, wherever the same can be procured.

Resolved , That the cloathier general be directed to send an assistant cloathier to be stationed with the continental army on the North river, to superintend the procuring and distribution of cloathing, and, in the mean time, that the commanding officer take such order as to the cloathing the troops and artificers as exigencies require:

That the issuing commissary of the army stationed on 0222 222 or in the vicinity of Hudson's river, for the defence thereof, have authority, with the concurrence of the commanding officer, to draw for supplies of provisions on the purchasing commissaries in the eastern or northern department, as exigencies and the position of the troops may, from time to time, require, taking especial care not to interfere with any supplies coming forward to, or intended for the grand army.

Resolved , That the other parts of the report be referred back to the Board of War, that they may give such orders thereon as they judge necessary and proper respecting the plans of the forts and batteries, and other matters incidental thereto; and also give such directions to Colonel Radière as the good of the service requires, agreeable to the rules established in the army.

The Board of War having sent a letter from A. Butler at Reading, directed to them, which was read,

Adjourned to 10 o'Clock to Morrow.

THURSDAY, MARCH 5, 1778

Resolved , That the continental agents in North Carolina and South Carolina be respectively directed, on the application of Colonel Kermovan, to allow him a free passage to France, in any continental vessel that may offer from either of the ports. 1

1 A letter from Kermovan, dated March 11, in consequence of this resolve, is in the Papers of the Continental Congress , No. 41, V, folio 5.

A letter, of the 4th, from the Board of War, with a letter of the 27 from Governor Johnson, of Maryland, was read: 2

2 The letter of the Board of War is in the Papers of the Continental Congress , No. 147, I, folio 545.

Ordered , That it be referred to a committee of three: the ∥members chosen,∥ Mr. [James] Forbes, Mr. [John] Harvie, and Mr. [Elbridge] Gerry.

0223 223

The Committee on the Treasury, to whom ∥was referred∥ a letter of the 25 February, from the Board of War and Ordnance, relative to the allowance of clerks for the said office, report, “that considering the unavoidable expences of the officers attending Congress, and that capable and confidential persons should be obtained for the purpose, they are of opinion,

“That seventy-five dollars a month be allowed to the clerks in the secretary's office; the same to the first clerks in the offices of the Board of Treasury, of War and Ordnance, and the Marine Board; and that sixty-five dollars a month be allowed to second clerks in the said offices:

“That Belcher P. Smith and John Thaxter, clerks in the secretary's office, receive the pay of seventy-five dollars from the 6th of February last:” 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 123.

Resolved , That Congress agree to the said report.

The Committee on the Treasury brought in a report; Whereupon,

Resolved , That two millions of dollars be emitted under the direction of the Treasury Board, and on the faith of the United States:

That the bills shall, excepting the numbers, be of the same tenor and date as the emission directed on 16 February last, be numbered from the last number of each respective denomination of that emission progressively, and consist of the following denominations, viz.

30,768 of the denomination of 3 dollars each, 92, 304

30,768 do 4 do 123,072

30,768 do 5 do 153,840

30,768 do 6 do 184,608

30,768 do 7 do 215,376

30,770 do 8 do 246,160

30,770 do 2 do 61,540

30,770 do 30 do 923,100

2,000,000

0224 224

That all powers and duties of Michael Hillegas, Esq r . and of the inspectors of the press, signers, and printers of the emission directed on the tenth of May last, shall extend to the said two millions now to be emitted, subject, however, to such directions and instructions as the Board of Treasury may judge expedient. 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 125.

Ordered , That a warrant issue on the treasurer in favour of Joseph Nourse, pay master to the Board of War and Ordnance, for fifty thousand dollars, to be transmitted by him to Hugh Hughes, deputy quarter master general at Fish Kill, for the use of the quarter master general's department; Major General Mifflin, late quarter master general, to be accountable:

Resolved , That a warrant issue on Derick Ten Broek, Esq., Commissioner of the Continental Loan Office for the State of New York, in favor of Hugh Hughes, Deputy Quarter Master General at Fish Kill, for one hundred thousand Dollars for the use of the quarter master general's Department, Major General Mifflin, late quarter master general, to be accountable. 2

2 This paragraph in the manuscript is checked as having passed, but it was not entered by Thomson in the journals.

Ordered , That a warrant issue on the treasurer in favour of William Palfrey, pay master general, for one hundred and forty-nine thousand five hundred and one and thirty-ninetieths dollars, for the use of his department; and for which he is to be accountable:

Ordered , That a warrant issue on the treasurer in favour of the delegates of South Carolina, for twenty thousand two hundred and forty-six dollars, advanced upon the application of the honble Henry Laurens, to discharge two bills drawn by his excellency John Rutledge, president of South Carolina; the said State to be accountable:

Ordered , That a warrant issue on John Lawrence, commissioner of the continental loan office, State of Connecticut, for seventy-five thousand dollars, in favour of 0225 225 Jeremiah Wadsworth, deputy quarter master general, for the use of the quarter master general's department; Major General Mifflin, late quarter master general, to be accountable: 1

1 This report is in the Papers of the Continental Congress , No. 136, II, folio 125a.

Four o'Clock, p. m

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer in favour of the delegates of the State of Maryland, for ten thousand dollars, to be transmitted to his excellency the governor and executive council of the said State, for the purpose of paying the bounty of troops to be raised in that State for continental service, and for paying the premiums for taking up deserters from the army; the said governor and council to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, II, folio 129.

The committee to whom were referred sundry letters received by the Committee of Commerce, brought in a report, which was read:

Ordered , That the consideration thereof be postponed till Monday next.

Resolved , That the Marine Committee be instructed and directed, to revise the commission and instructions heretofore ordered to be given to the commanders of privateers and letters of marque and reprisal, and the resolutions heretofore passed, relative to captures by sea, and report such a form of a commission, and such instructions, as they judge proper and suitable to our present circumstances.

A letter, of 27 February, from (General Washington, with an extract of a letter from General Putnam at West Point, February 13, were read. 3

3 The letter of Washington is in the Papers of the Continental Congress , No. 152, V, folio 311.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, MARCH 6, 1778

Ordered , That so much of General Washington's letter of 27 February, as relates to the court martial on the officers in the northern department, be referred to a committee of four:

The members chosen, Mr. [William] Ellery, Mr. James Smith, Mr. [Eliphalet] Dyer and Mr. [James] Lovell:

Ordered , That such parts of the letter as relate to the 13 Virginia regiment, and the ordering Colonel Harrison's regiment of artillery to camp, be referred to the Board of War.

A letter, of the 3d, from James Wilkinson, was read, 1 wherein he mentions his being informed that the mark of distinction conferred on him by Congress has occasioned a dissatisfaction in the army; and expresses himself as follows: “To obviate any embarrassment which may result from this disposition, by the consequent resignation of officers of merit, I beg leave to relinquish my brevet (of brigadier,) as I wish to hold no commission unless I can wear it to the honour and advantage of my country. This conduct, however repugnant to fashionable ambition, I find consistent with those principles on which I early drew my sword in the present contest:” Whereupon,