LIBRARY OF CONGRESS

JOURNALS OF THE CONTINENTAL CONGRESS 1774–1789

EDITED FROM THE ORIGINAL RECORDS IN THE LIBRARY OF CONGRESS BY WORTHINGTON CHAUNCEY FORD CHIEF, DIVISION OF MANUSCRIPTS

Volume V. 1776

June 5–October 8

WASHINGTON GOVERNMENT PRINTING OFFICE

1906

WEDNESDAY, JUNE 5, 1776

A letter of the 2d from Major General Putnam, with sundry letters and papers enclosed, was laid before Congress, and read: 1

1 This letter is in the Papers of the Continental Congress , No. 159, folio 11.

Resolved , That the same be referred to the Committee on Prisoners.

A letter from the committee of Greenwich, in Cumberland county, in New Jersey, dated 3 instant, was laid before Congress and read, informing that the sloop Betsey and Ann , Benjamin Tucker, master, from Bermudas, was arrived there with 1700 bushels of salt, and two puncheons of Rum, which he is desirous of exchanging for provisions, which the inhabitants of the islands of Bermudas are in extreme want of: 2 Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 58, folio 211.

Resolved , That the said master be allowed to exchange his cargo for provisions, and to export the same, under the inspection and direction of the committee of Greenwich, who are desired to take an oath, or such other security as they think proper, of the said master, that he will carry the same to the islands of Bermudas, and will use his utmost endeavours to avoid all English men of war and cutters.

The Congress took into consideration the report from the committee of the whole: Whereupon,

Resolved , That a committee of five be appointed to consider what is proper to be done with persons giving intelligence to the enemy, or supplying them with provisions:

The members chosen, Mr. J[ohn] Adams, Mr. [Thomas] Jefferson, Mr. [Edward] Rutledge, Mr. [James] Wilson, and Mr. R[obert] R. Livingston.

0003 418

Resolved , That the deputy commissaries general, deputy quarter masters general, deputy adjutants general, and deputy muster masters general, make regular returns and reports to Congress, and to the respective officers to whom they are deputies, at least once a month, and that the principals also make returns to Congress at the same periods.

That the pay master general, and the aeputy pay masters general, make monthly returns to Congress of their expenditures, and the state of the military chests in their several departments:

Resolved , That the flying camp be under the command of such continental general officers as the commander in chief shall direct:

That expresses be established between the several continental posts:

Resolved , That the militia, when in service, be regularly paid and victualled in the same manner as the continental troops:

Resolved , That a pay master be appointed to each regiment. That it shall be the duty of the regimental pay masters to keep all the accounts of their respective regiments, and to observe such rules and orders as shall be given them in command by the general or commander in chief, and that each of them be allowed for this service dollars per month. 1

1 On the margin is “not agreed to in committee.” The paragraph is found in Charles Thomson's minute on the proceedings in committee of the whole, in the Papers of the Continental Congress , No. 19, VI, folio 193.

Resolved , That the aids de camp of the commander in chief rank as lieutenant colonels:

That the aids de camp of major generals rank as majors, but not to take rank of regimental or brigade majors. 2

2 The last clause is taken from the Thomson minute.

That Robert Hanson Harrison, Esq r . have the rank of lieutenant colonel in the continental army:

0004 419

Resolved , That the assistant quarter masters general be allowed captain's pay: 1

1 In the Papers of the Continental Congress , No. 19, VI, folio 177, is a sheet containing these two paragraphs in the writing of Charles Thomson. An endorsement “Resolution agreed on by the Committee of the whole Congress, June 3, 1776.”

That the pay of the regimental surgeons be augmented to thirty three dollars and one third of a dollar a month. 2

Resolved , That a committee, to consist of one member from each colony, be appointed, to consider of ways and means of establishing expresses between the several continental posts:

The members are, Mr. [Josiah] Bartlett, Mr. S[amuel] Adams, Mr. [William] Ellery, Mr. [Oliver] Wolcott, Mr. [Francis] Lewis, Mr. W[illiam] Livingston, Mr. [Benjamin] Franklin, Mr. [Cæsar] Rodney, Mr. [John] Rogers, Mr. [Carter] Braxton, Mr. [Joseph] Hewes, Mr. [Thomas] Lynch, jun. and Mr. [Button] Gwinnett.

The Congress then proceeded to the election of an adjutant general and quarter master general, to fill up the vacancies in those offices; when the ballots being taken and examined,

Joseph Reed, Esq r . was elected adjutant general; and

Stephen Moylan, Esq r . was elected quarter master general.

Resolved , That Joseph Reed, Esq r . have the pay of 125 dollars a month, and the rank of colonel:

That Stephen Moylan, Esq r . have the pay of 80 dollars a month, and the rank of colonel.

Resolved , That the election of majors general be postponed.

Resolved , That no person shall be appointed to any place of profit, unless the person to be appointed shall have a majority of the voices of the colonies represented at the time of Election.

0005 420

The Congress then proceeded to the election of two brigadiers general, when the ballots being taken, the following gentlemen were elected: viz.

John Whitecombe, Esq r .

Hugh Mercer, Esq r .

Resolved , That this Congress will to morrow again resolve itself into a committee of the whole to take into theft farther consideration the report of the Committee of Conference.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JUNE 6, 1776

Sundry letters and papers being received, were laid before Congress and read.

Two letters from Major General Schuyler, of the 31 May and 1st June.

A letter from the commissioners in Canada, of the 27 and 28 May.

Three letters from General Thomas, two to the commissioners in Canada, 15 and 20 May, and one to General Wooster, 27 of the same month:

Three from Brigadier General Arnold, to the commissioners in Canada, of the 17, 25, and 27 May, enclosing cartel ∥entered into between him and Captain Foster,∥ for exchange ∥of prisoners:∥

One from Brigadier General Thompson, of the 25 of May, to the said commissioners. 1

1 The letters of Schuyler are in the Papers of the Continental Congress , No. 153, II, folios 179, 186. That of the commissioners is in No. 166, folio 53. Those of Arnold are in No. 162, folios 68, 72, 74. A copy of the articles of capitulation is in No. 29, folio 251.

0006 421

Resolved , That a copy of the letter from the commissioners in Canada be sent to General Washington;

Resolved , That Brigadier General Wooster be directed immediately to repair to Headquarters at New York:

That the letters just received [and read,] be referred to a committee of 5:

The members chosen, Mr. [Roger] Sherman, Mr. [George] Wythe, Mr. [Jonathan D.] Sergeant, Mr. F[rancis Lightfoot] Lee, and Mr. [Button] Gwinnett.

Resolved , That the Standing Committee for Indian Affairs be directed to devise ways and means for carrying into effect the resolution of the 3d, empowering the General to employ in Canada a number of Indians, not exceeding two thousand.

The committee to whom was referred an extract of a letter from a gentleman in Bermuda, dated 26 April, and continued to May 1, to a gentleman in Philadelphia, brought in their report, which was read, and the same being taken into consideration,

Ordered , To lie on the table.

The Congress took into consideration the speech prepared by the committee to be delivered to the Indians, which was agreed to: 1

1 This report is printed under June 11, p. 430, post .

Resolved , That the delivery of this speech be deferred for some days.

The Committee of Claims reported, that there is due,

To Captain William West, for expences in conducting money to Williamsburg, horse hire, &c. included, the sum of £82 5 10=219 40/90 dollars:

To Melchior Meng, for twenty one days hire of his waggon and horses carrying money to Virginia, the sum of £15 15=42 dollars:

0007 422

To Benjamin Towne, the sum of £9 17 3=26 27/90 dollars for cartouch boxes, being so much paid him less than the price contracted for:

To Robert Porter, for accoutrements for Colonel Hartley's regiment, the sum of £7 0 6=18 66/90 dollars, and that the same ought to be paid and charged to the said regiment:

To John Kuntz, the sum of £8 0 10=21 40/90 dollars, of which sum there is due, for entertaining General Lee's guard, the sum of £4 0 0 ∥=10 60/90 dollars,∥ and for expresses, the sum of £4 0 10 ∥=10 70/90 dollars:∥

To Michael Staddleman, for entertaining General Lee's guards, the sum of £4 5 9=11 39/90 dollars:

To Benjamin Smith, for board and accommodations for prisoners at Trenton, the sum of £11 12 10=31 4/90 dollars. This money became due before the regulation of Congress, for determining the price of their board, took place:

That there is due for expences in apprehending Henry Edwin Stanhope and George Gregory, who broke their parole and ran away from Northampton, ∥in Connecticut,∥ the sum of £14 5 3, lawful money of Connecticut,=47 48/90 dollars, and that the same ought to be paid and charged to the said Stanhope and Gregory:

Ordered , That the said accounts be paid to J. Hancock, Esq r .

The Marine Committee having recommended sundry gentlemen for captains and subaltern officers for the ships building or built for the continent, the same was taken into consideration: Whereupon,

Resolved , That Thomas Thompson be appointed captain of the frigate built in New Hampshire:

John Hopkins, and Samuel Tomkins, for those building in Rhode Island:

0008 423

Christopher Miller, for one of those built in New York:

Nicholas Biddle, John Barry, Thomas Read, Charles Alexander, for the four ships building in Philadelphia:

James Nicholson for that building in Maryland.

That the names of the thirteen ships be, the Congress, Randolph, Hancock, Washington, Trumbull, Raleigh, Effingham, Montgomery, Warren, Boston, Virginia, Providence, and Delaware .

Resolved , That Israel Turner be first lieutenant; Joseph Doble, second lieutenant; Mark Dennet, third lieutenant, of Captain Manly's ship.

Resolved , That the Marine Committee be empowered to affix the names to each particular ship, and determine the vessel which each captain is to take command of:

Resolved , That the Marine Committee be empowered ∥and directed∥ to consider the propriety of building two more ships of war, and their size, and report to Congress.

Resolved , That three members be added to the committee appointed to devise ways and means for raising 10 millions of dollars, voted the 6th of May:

∥The members chosen,∥ Mr. [Carter] Braxton, Mr. R[obert R.] Livingston, and Mr. [Matthew] Tilghman.

Resolved , That the Secret Committee be instructed forthwith to fit out two fast sailing vessels and load them with provisions to be sent immediately to supply the inhabitants of the islands of Bermudas, and that the committee of Secret Correspondence be directed to take such measures as they may think proper by those vessels, to discover the state of those islands and the disposition of their inhabitants; and that the Marine Committee be instructed to take such measures as they may think proper for purchasing, manning, arming and fitting at the said islands two sloops of war for the service of the United Colonies.

0009 424

Resolved , That the remainder of the report lie on the table for consideration.

Resolved , That doctor Jonathan Potts be employed as a physician and surgeon in the Canada department, or at Lake George, as the general shall direct; but, that this appointment shall not supersede Dr. Stringer.

Resolved , That an express be sent to Hugh Mercer, Esq r . who was yesterday appointed a brigadier general, with his commission, and that he be desired immediately to repair to head quarters, at New York.

A memorial of Jacob Ummensetter was presented to Congress, and read:

Resolved , That it be referred to the committee appointed to contract for casting cannon.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JUNE 7, 1776

The committee to whom was referred the letter from Eseck Hopkins, commodore of the continental fleet, dated Providence, May 22d, brought in their report, which, being taken into consideration, was agreed to; Whereupon,

Resolved , That Mr. Charles Walker, of New Providence, ought to be paid the value of the sloop Endeavour , together with four tons of lignum vital, and one hundred cedar posts, taken by the said commodore, for the use of the colonies, and the damages the said Walker has sustained by the taking and detention of said vessel, lignum vitæ and posts; the said Walker giving a full acquittance for the said vessel, goods and damages.

Resolved , That the governor and Council of the colony of Connecticut be requested to appoint judicious and indifferent 0010 425 different persons to appraise the vessel and goods aforesaid, at the time when they were taken into the service of the colonies, and to estimate the full damages sustained by the said Mr. Walker, and report it to this Congress forthwith, that the said Walker may be indemnified by this Congress.

Resolved , That the said Walker have his election to receive his vessel again, and the hire of her, and his damages, or the value of her to be ascertained as aforesaid. 1

1 The original of this report, in the writing of John Adams, is in the Papers of the Continental Congress , No. 19, III, folio 169.

The Congress took into consideration the report of the committee on the resolutions of the convention of South Carolina, respecting the batallions raised in that colony; and, after some debate,

Resolved , That it be recommitted.

Information being given that complaint is made with respect to the powder manufactured at Mr. O[swald] Eve's mill:

Resolved , That Mr. [Henry] Wisher, Mr. [Robert Treat] Paine, and Mr. R[obert R.] Livingston be a committee to enquire into the defect, and take measures to have it remedied.

Certain resolutions ∥respecting independency∥ being moved and seconded,

Resolved , That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.

That it is expedient forthwith to take the most effectual measures for forming foreign Alliances.

That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation. 2

2 This resolution, in the writing of Richard Henry Lee, is in the Papers of the Continental Congress , No. 23, folio 11. It has the following endorsement in three writings: “Resolved that it is the Opinion of this Com. that the first Resolution [Benjamin Harrison] be postponed to this day three weeks, and that in the mean time [Charles Thomson], least any time sh d be lost in case the Congress agree to this resolution [Robert R. Livingston], a committee be appointed to prepare a Declaration to the effect of the said first resolution [Charles Thomson].” The postponement was made to give an opportunity to the Delegates from those Colonies which had not as yet given authority to adopt this decisive measure, to consult their constituents. The motion was seconded by John Adams.

0011 426

Resolved , That the consideration of them be referred till to morrow morning; and, that the members be enjoined to attend punctually at 10 o'Clock, in order to take the same into consideration.

The committee to whom was referred the consideration of an attempt made to counterfeit the bills of credit, emitted by Congress, brought in their report:

The Committee to whom was referred the consideration of the attempt made to counterfeit the Bills of Credit emitted by Congress, Beg Leave to report, that it appears to the Committee by sundry affidavits, the Confessions of the parties charged, and other papers, that Elizabeth Vandine, the wife of Henry Vandine, of Morris County, in the Province of New Jersey, with the Privity of her said Husband, has counterfeited several Bills of the Continental Currency, some of which were passed by the said Vandine, and others of them by his wife, and that the said Vandine and his wife were, for the said offence, committed to the goal of the County of Morris by order of the Committee of the Township of Morris. Whereupon your Committee came to the following Resolutions:

That it be recommended to the provincial Convention of the Province of New Jersey to direct the said Henry Vandine to make satisfaction to such persons as have been injured by taking the said counterfeit bills.

That the said Henry and Elizabeth remain in Confinement, or be let out on good Bail for their appearance to abide their trial for the above offence, as to the said Convention shall seem most proper.

That it be recommended to the respective Legislatures of the United Colonies to pass Acts of Legislation for making the continental Bills of Credit a lawful tender in all payments, and for the most effectual preventing the counterfeiting thereof. 1

1 This report, in the writing of William Livingston, is in the Papers of the Continental Congress , No. 26, folio 7.

∥ Ordered , To lie on the table for consideration.∥

0012 427

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JUNE 8, 1776

The Congress took into consideration the resolutions moved yesterday:

Resolved , That they be referred to a committee of the whole [Congress.] Whereupon,

The Congress resolved itself into a committee of the whole to take into consideration the resolutions referred to them; and, after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have taken into consideration the matter to them referred, but not having come to any resolution thereon, desired leave to sit again on Monday next.

Resolved , That this Congress will, on Monday next, at 10 o'Clock, resolve itself into a committee of the whole, to take into their farther consideration the resolutions referred to them.

On petition of John Bayard, Joseph Deane, and William Erskine, ∥being presented to Congress, and read,∥

Resolved , That the Secret Committee be directed to sell ∥the petitioners∥ 550 lb. of powder, and 400 lb. of swivel and grape shot, for the use of their privateer Hancock , and also 750 lb. ∥of powder∥ before applied for.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

MONDAY, JUNE 10, 1776

Sundry letters and papers were laid before Congress, and read;

Two from General Washington, of the 7 and 8, together 0013 428 with copies of twenty letters and papers from General Schuyler and others : 1

1 The letters of Washington are in the Papers of the Continental Congress , No. 152, II, folios 5 and 9. They are printed in Writings of Washington (Ford), IV, 113, 115.

A letter from the commissioners in Canada, May 17; and,

One from Herman Allen.

Resolved , That the said letters and papers be referred to the committee appointed on the 6th, to consider sundry letters that day read.

A letter from Stephen Moylan, expressing his grateful thanks to Congress for appointing him to the office of quarter master general; and

Also a letter from the convention of New York of the 7th, ∥were laid before Congress, and read.∥ 2

2 The letter from the convention of New York is in the Papers of the Continental Congress , No. 67, I, folio 364.

Resolved , That the pay of the continental troops, in the middle department, be henceforth the same as that of the troops in the eastern.

Resolved , That this Congress will to morrow morning proceed to the appointment of a deputy pay master general for the eastern department.

Agreeable to order, the Congress resolved itself into a committee of the whole, to take into their farther consideration the resolutions to them referred; and, after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have had under consideration the resolutions to them referred, and have come to a resolution, which he read.

The Congress took into consideration the report from the Committee of the whole: Whereupon,

Resolved , That the consideration of the first resolution be postponed to this day, three weeks [July 1], and in the mean while, that no time be lost, in case the Congress agree thereto, that a committee be appointed to prepare a 0014 429 declaration to the effect of the said first resolution, which is in these words: “That these United Colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British Crown: and that all political connexion between them and the state of Great Britain is, and ought to be, totally dissolved.”

Resolved , That the committee be discharged.

The several matters to this day referred, being postponed,

Adjourned to 9 o'Clock to Morrow. 1

1 “Congress never were so much engaged as at this time; business presses on them exceedingly. We do not rise sometimes till six or seven o'clock.” William Whipple to John Langdon , 10 June, 1776.

TUESDAY, JUNE 11, 1776

Sundry letters were laid before Congress, and read.

2 letters, from General Washington, of the 9th and 10th,

Resolved , That the same be referred to the committee appointed on the 6th.

A letter from H. E. Stanhope, of the 11, and one from E. Webb, of the 12 May, both dated from Northampton Gaol; also, one from Mrs. Connolly, [were read:] 2

2 The letters of Washington are in the Papers of the Continental Congress , No. 152, II, folios 17 and 25. They are printed in Writings of Washington (Ford), IV, 119, 129. That of Stanhope is in No. 78, XX, folio 33. That of E. E. Webb is in No. 78, XXIII, folio 277. That of “Suky” [Susannah] Connolly is in No. 78, V, folio 47.

Resolved , That these be referred to the Committee on Prisoners.

Resolved , That the sum of one hundred and fifty dollars be paid the Indian interpreter [Thomas Folmer] for his services, and to defray his expences.

Resolved , That a committee of three be appointed to consider of a compensation to the secretary for his services:

The members chosen, Mr. J[ohn] Adams, Mr. [Edward] Rutledge, and Mr. [Joseph] Hewes.

0015 430

Resolved , That an order for 10,000 dollars be drawn on the Treasurers, in favour of Carpenter Wharton, for the use of the Pensylvania batallions, he to be accountable.

The present being provided for the Indians, they were called in, and the speech agreed to, was delivered as follows:

Brothers ,

We hope the friendship that is between us and you will be firm, and continue as long as the sun shall shine, and the waters run; that we and you may be as one people, and have but one heart, and be kind to one another like brethren.

Brothers ,

The king of Great Britain, hearkening to the evil counsel of some of his foolish young men, is angry with us, because we will not let him take away from us our land, and all that we have, and give it to them, and because we will not do every thing that he bids us; 1 and hath hindered his people from bringing goods to us; but, we have made provision for getting such a quantity of them, that we hope we shall be able to supply your wants as formerly.

1 In the original report this sentence follows: “he hath taken up the hatchet to strike us, and given money to a people who are strangers to us, to come from a far country, and fight against us.”

Brothers ,

We shall order all our warriors and young men not to hurt you or any of your kindred, and we hope you will not suffer any of your young men to join with our enemies, or to do any wrong to us, that nothing may happen to make any quarrel between us.

Brothers ,

We desire you to accept a few necessaries, which we present you with, as tokens of our good will towards you. 2

2 This report, in the writing of George Wythe, is in the Papers of the Continental Congress , No. 30, folio 351. It was presented and agreed to on June 6.

The presents being delivered, the Indians begged leave to give a name to the president; the same being granted, the Onondago chief gave the president the name of Karanduawn, or the Great Tree, by which name he informed him the president will be known among the Six nations.

0016 431

∥After which the Indians took their leave and withdrew.∥

Mr. Chase; one of the Commissioners being arrived from Canada brought a letter from General Sullivan, dated from St. John's, 1st. June was laid before Congress, and read.

Resolved , That Colonel Shee and Colonel Magaw, be ordered immediately to march with their regiments to New York.

Resolved , That the Secret Committee be directed to lend the committee of safety of Pensylvania, 4 tons of powder.

Resolved , That letters be immediately sent, by express, to the several colonies who are to furnish militia for the defence of New York, acquainting them with the necessity of forwarding the supplies with all possible despatch.

Resolved , That the committee, to prepare the declaration, consist of five members:

The members chosen, Mr. [Thomas] Jefferson, Mr. J[ohn] Adams, Mr. [Benjamin] Franklin, Mr. [Roger] Sherman, and Mr. R[obert] R. Livingston.

Resolved , That a committee be appointed to prepare and digest the form of a confederation to be entered into between these colonies:

Resolved , That a committee be appointed to prepare a plan of treaties to be proposed to foreign powers.

Mr. [Samuel] Chase, and Mr. [Charles] Carroll, [of Carrollton,] two of the commissioners being arrived from Canada, attended, and give an account of their proceedings, and the state of the army in that country.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JUNE 12, 1776

Colonel Roberdeau, in behalf of the owners of the privateers which have taken some prizes, on board of which is a quantity of dollars to the amount of 22,000, having tendered to Congress the moiety belonging to them, in exchange for continental dollars [bills of credit,]

Resolved , That their offer be accepted, and that application be made to the agent for the men, for the moiety belonging to them, and that continental money be given them in lieu thereof.

The Congress proceeded to the election of a deputy pay master general for the eastern department, and, the ballots being taken,

Ebenezer Hancock was elected unanimously.

Resolved , That the sum of 150,000 dollars be sent to Mr. E. Hancock, deputy pay master general, for the use of the continental troops in the eastern department.

The committee, to whom Colonel Hand's letter, of the 3d of May last, was referred, brought in their report, which was taken into consideration: Whereupon,

Resolved , That it is the Opinion of this Committe that dollars be advanced to Colo, Hand for purchasing the Riffles of such men as will not re inlist in the Riffle Regiment.

Resolved , That General Washington be directed to order the riffles of such men belonging to the riffle regiments as will not re-inlist, to be purchased, and that the General order the payment out of the military chest. 1

1 This paragraph, in the writing of John Hancock, was to be substituted for that struck out.

That the riffle regiment be allowed a drummer and fifer to each company:

That 9,000 dollars be advanced to Colonel Hand, to purchase an uniform for the riffle regiment, the said sum to be stopped from the pay of the said regiment. 2

2 This report, in the writing of Jonathan Dickinson Sergeant [?], is in the Papers of the Continental Congress , No. 19, III, folio 21.

0018 433

Resolved , That Captain Grier, who is returned from Virginia with his detachment, and a number of recruits, be directed to join the batallions on their march to New York, and that Carpenter Wharton be directed to supply them with rations.

Resolved , That the Secret Committee be directed to deliver to Colonel Magaw, for the use of his batallion, the 191 arms sent up by Captain Berry.

The Congress then proceeded to the appointment of the committees voted.

Resolved , That the committee to prepare and digest the form of a confederation to be entered into between these colonies, consist of a member from each colony:

for New Hampshire Mr. [Josiah] Bartlett

Massachusetts Mr. S[amuel] Adams

Rhode Island Mr. [Stephen] Hopkins

Connecticut Mr. [Roger] Sherman

New York Mr. R[obert R.] Livingston

New Jersey

Pensylvania Mr. [John] Dickinson

Delaware Mr. [Thomas] McKean

Maryland Mr. [Thomas] Stone

Virginia Mr. [Thomas] Nelson

North Carolina Mr. [Joseph] Hewes

S. Carolina Mr. [Edward] Rutledge

Georgia Mr. [Button] Gwinnett

Resolved , That the committee to prepare a plan of treaties to be proposed to foreign powers, consist of five members:

The members chosen, Mr. [John] Dickinson, Mr. [Benjamin] Franklin, Mr. J[ohn] Adams, Mr. [Benjamin] Harrison, and Mr. R[obert] Morris.

0019 434

The Congress took into consideration the report of the committee on a war office: Whereupon,

Resolved , That a committee of Congress be appointed by the name of “A Board of War and Ordnance,” to consist of five members. 1

1 In the original report the committee recommended the name “Board of War,” and left the number of members blank.

That a secretary and one or more clerks, be appointed by Congress, with competent salaries, to assist the said board in executing the business of their department:

That it shall be the duty of the said board, to obtain and keep an alphabetical and accurate register of the names of all officers of the land forces in the service of the United Colonies, with their ranks and the dates of their respective commissions; and also regular accounts of the state and disposition of the troops in the respective colonies; for which purpose, the generals and officers commanding in the different departments and posts, are to cause regular returns to be made into the said war office:

That they shall obtain and keep exact accounts of all the artillery, arms, ammunition and warlike stores, belonging to the United Colonies, and of the manner in which, and the places where, the same shall, from time to time, be lodged and employed; and that they shall have the immediate care of all such artillery, arms, ammunition, and warlike stores, as shall not be employed in actual service; for preserving whereof, they shall have power to hire proper magazines at the public expence:

That they shall have the care of forwarding all despatches from Congress to the colonies and armies, and all monies to be transmitted for the public service by order of Congress; and of providing suitable escorts and guards for the safe conveyance of such despatches and monies, when it shall appear to them to be necessary:

0020 435

That they shall superintend the raising, fitting out, and despatching all such land forces as may be ordered for the service of the United Colonies:

That they shall have the care and direction of all prisoners of war, agreeable to the orders and regulations of Congress:

That they shall keep and preserve, in the said office, in regular order, all original letters and papers, which shall come into the said office by order of Congress, or otherwise, and shall also cause all draughts of letters and despatches to be made or transcribed in books to be set apart for that purpose, and shall cause fair entries, in like manner, to be made, and registers preserved, of all other business which shall be transacted in the said office:

That before the secretary, or any clerk of the war office shall enter on his office, they shall respectively take and subscribe the following oath, a certificate whereof shall be filed in the said office:

I, A. B. do solemnly swear, that I will not directly or indirectly, divulge any matter or thing, which shall come to my knowledge, as (secretary) of the board of war and ordnance, for the United Colonies, (or clerk of the board of war and ordnance,) established by Congress, without the leave of the said board of war and ordnance, and that I will faithfully execute my said office, according to the best of my skill and judgment. So help me God.

That the said board of war be authorized to hire suitable apartments, and provide books, paper, and other necessaries, at the continental expence, for carrying on the business of the said office. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 27, folio 1.

The committee to whom the several letters, from the commissioners in Canada, and Major General Schuyler, with the papers enclosed therein, were referred, brought in their report, which was read:

0021 436

The commissioners to Canada also brought in a report in writing, which was read:

Resolved , That the said two reports be referred to the committee of the whole Congress.

Congress then resolved itself into a committee of the whole, to take into consideration the several reports to them referred; and, after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have taken into consideration the matters to them referred; but, not having had time to go through, desired him to move for leave to sit again.

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration the reports referred to them.

Adjourned to 10 o'Clock to Morrow. 1

1 “Richard Smith, Esquire, one of the Delegates for this Colony, in the Continental Congress, asking leave to resign his seat there on account of indisposition;

“ Ordered , That his resignation be accepted.” Journal New Jersey Convention .

THURSDAY, JUNE 13, 1776

A letter from Mr. [Thomas] M'Kean, dated 2 o'Clock this morning, and a letter from the committee of Lewistown, of the 11th, was laid before Congress, ∥and read:∥ 2

2 This letter of McKean dated from Newcastle, half past 2 A. M., is in the Papers of the Continental Congress , No. 78, XV, folio 57. That from Lewis Town is in No. 70, folio 575.

Resolved , That the Secret Committee be directed to forward one ton of gun powder, and a proportionable quantity of lead, if to be got, to the committee of safety of the counties on Delaware, for the use of the militia in that government:

Resolved , That it be recommended to the assembly of Pensylvania, immediately to order a batallion of the provincial rifflemen to march to the assistance of the militia in Delaware government:

0022 437

Resolved , That it be recommended to the assembly, or committee of safety of Delaware government, to cause all the disaffected, in their colony, to be disarmed, and the arms to be disposed of agreeable to a former resolution of Congress:

Resolved , That the commanding officer of the riffle batallion of associators in this city, be requested to order a company of said batallion to escort the powder sent to Delaware government, until they shall reach the provincial batallion of rifflemen, ordered to march to the assistance of the militia of Delaware government.

A letter from James M'Lene, chairman of the committee of Shippensburg, enclosing certain resolutions respecting some powder they have stopped, which was sent by Mr. [Lewis] Morris to Mr. George Morgan, at Pittsburg, was laid before Congress and read. 1

1 This letter, from the committee of Cumberland County, is in the Papers of the Continental Congress , No. 69, 1, folio 133.

Resolved , That the president return an answer, and inform the committee, that the powder was ordered by Congress to be sent to George Morgan, Esq r ., and request them to use their endeavours to have the same forwarded, with all safety and despatch, to said G. Morgan, at Pittsburg.

A letter of the 11 from the convention of New York was laid before Congress and read,

Resolved , That the same be referred to the committee appointed on the 6th. 2

2 This letter is in Paper of the Continental Congress , No. 67, I, folio 216.

Resolved , That the Secret Committee be directed to stop the exportation of any salted provisions, which they may have ordered to be made at New York.

Resolved , That the Secret Committee be directed to deliver 100 lb. of powder to the order of the committee appointed to contract for making cannon.

0023 438

Resolved , That an order for 600 dollars be drawn on the treasurers, in favour of Captain James Grier, he to be accountable for the same, and to render an account thereof to the pay master general, upon his arrival at New York.

Resolved , That the pay of the secretary of the Board of War and Ordnance, be at the rate of 800 dollars per annum.

Congress then proceeded to the election of the committee to form a Board of war and ordnance, and the ballots being taken, the following members were chosen:

Mr. J[ohn] Adams, Mr. [Roger] Sherman, Mr. [Benjamin] Harrison, Mr. [James] Wilson, and Mr. E[dward] Rutledge:

Richard Peters, Esq. was elected secretary of said board.

The Committee on Qualifications having recommended Doctor Benjamin Allison as surgeon to the first Pensylvania batallion now in Canada;

George Tudor to be captain of the company lately commanded by Captain Walter Stewart, in the third Pensylvania batallion;

Mr. John Duguid, as a first lieutenant in the said third batallion;

Mr. Harman Stout, as a second lieutenant in the said batallion;

Mr. Andrew Graydon, as an ensign in the said batallion:

Capt De Lausay (a French Gentleman) has produced to the Committee credentials of his having been a captain in the French Service, and comes well recommended. It is submitted to Congress whether or not they will grant his prayer, in appointing him a Lieutenant Colonel. 1

1 Against this paragraph has been written “not Considered.”

The Committee would be glad to have a list of Officers, that they may be proper Judges of their Seniority. 2

2 This report, in the writing of [?], is in the Papers of the Continental Congress , No. 23, folio 373.

0024 439

Resolved , That the said report be agreed to, and that commissions be granted to them accordingly.

The Congress then resolved itself into a committee of the whole, to take into their farther consideration the reports to them referred, and after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have had under their farther consideration the matters to them referred, but not having had time to go through the whole, desired him to move for leave to sit again.

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration the reports to them referred.

The Marine Committee having reported, that complaints are made against Commodore Hopkins, Captain Saltonstal, and Captain Whipple, for breach of orders, and other mal-practices:

Resolved , That the Marine Committee be directed to inform Commodore Hopkins, Captain Saltonstal, and Captain Whipple, of the complaints lodged against them, and order them immediately to repair to Philadelphia, to answer for their conduct.

Resolved , That in case the enemy's men of war attempt to come up the river [Delaware,] that the Secret Committee be empowered and directed to deliver such a quantity of powder as to them shall seem necessary, to the committee of safety of Pensylvania.

The several matters to this day referred, being postponed.

Adjourned to 10 o'Clock to Morrow. 1

1 “John De Hart, Esquire, one of the Delegates in the Continental Congress, asking leave to resign his seat on account of the situation of his family and affairs;

“ Ordered , That his resignation be accepted.” Journal New Jersey Convention .

FRIDAY, JUNE 14, 1776

Resolved , That an order for 1500 dollars be drawn on the treasurers in favour of George Evans, commissary, for the use of the continental troops in Delaware government, he to be accountable.

A letter of the 10, from the committee of safety of Maryland, was laid before Congress and read; also,

A letter of the 16 of May, from the commissioners in Canada, recommending Major Dubois to the notice of Congress for promotion. 1

1 The letter from the Council of Safety of Maryland is in the Papers of the Continental Congress , No. 70, folio 29.

Resolved , That the commanding officer in the barracks be directed to deliver the prisoner in his custody to the committee of safety of Pensylvania, who are desired to treat him agreeable to former resolutions of Congress.

A letter from General Washington, of the 13, enclosing two letters from General Schuyler, of the 8, with sundry letters and papers, enclosed; one from S. Kirkland and one from the convention of New York, were laid before Congress and read: 2

2 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 29. It is printed in Writings of Washington (Ford), IV, 139. That of Schuyler is in No. 153, II, folio 192.

Resolved , That the same be referred to the standing committee on Indian affairs, and that they be directed to sit forthwith.

A letter from W. Livingston, of the 13, enclosing a letter from Thomas Little, of the 2d, was laid before Congress and read:

Resolved , That the same be referred to the committee appointed to enquire into and remedy the complaints of the powder made at Mr. Eve's mill.

0026 441

The committee to whom were referred the letters from General Washington, of the 9th and 10th, and a letter from the president of the provincial convention of New York, with the papers enclosed, brought in their report, which was taken into consideration: Whereupon,

Resolved , That it be recommended to the convention of the colony of New York, to make effectual provision for detecting, restraining, and punishing disaffected and dangerous persons in that colony, and to prevent all persons from having any intercourse or correspondence with the enemy; and that General Washington afford his aid therein, when necessary.

Resolved , That it is the opinion of this Committee that it be recommended to the Assemblies, Conventions or Council or Committees of Safety in the respective Colonies, to prohibit and the exportation of salted Pork, and Beef, and such other Articles of provision as may be wanted for the use of the Army.

Resolved , That when Brigudier General Wooster arrives at New York he be employed where the Commander in Chief shall jude his services may be most useful. 1

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress , No. 36, IV, folio 173.

Whereas, it has been represented to this Congress, that great quantities of salted beef and pork have been purchased for exportation, which, if not restrained, mayrender the supplies of the army difficult and uncertain:

Resolved , therefore, That no salted beef or pork, except as much as may be necessary for the use of the crew, be exported from any of the United Colonies, in any vessel, under any pretence whatever, until the farther order of this Congress. 2

2 These two paragraphs, in the writing of John Hancock, are endorsed on the back of the report. The adopted paragraphs were printed in the Pennsylvania Gazette , 19 June, 1776.

0027 442

The committee appointed to consider of a compensation to the secretary, for his services, brought in their report, which was agreed to, as follows:

That the sum of one thousand sixty six and two thirds of a dollar two hundred dollars be granted and paid, out of the public treasury, to Charles Thomson, secretary to the United Colonies, in consideration of his faithful services for one year, ending the 10th day of May last.

The committee to whom General Washington's letter of the 15, and General Schuyler's of the 8th, were referred, brought in their report, which was taken into consideration: Whereupon,

Resolved , That General Schuyler and the other commissioners for Indian affairs in the northern department be directed immediately to hold a conference with the Six Nations; to engage them in our interest upon the best terms that can be procured, and treat with them on the principles and in the decisive manner mentioned in his letter:

That General Schuyler's preparations for immediately taking post at Fort Stanwix, and erecting a fortification there, be approved of; and that General Washington be instructed to give him directions for carrying that measure into execution.

That Copies of the Resolutions of Congress upon the Matters a fore mentioned be transmitted to Generals Washington and Schuyler. 1

1 This report, in the writing of James Wilson, is in the Papers of the Continental Congress , No. 19, VI, folio 215.

Resolved , That the Committee on Spies be directed to revise the rules and articles of war, and to make such additions and alterations as they may judge proper, and lay the same before Congress for their consideration.

A petition from Mrs. Gardner, was laid before Congress, and read:

Resolved , That it be referred to the Committee on Spies.

0028 443

A memorial from the committee of safety of Pensylvania was presented to Congress, and read; setting forth, that a committee of the assembly, accompanied by the general officers lately in town, and a skilful engineer, have viewed the river Delaware, and the fortifications and defences erected at the expence of the colony of Pensylvania to oppose and prevent the passage of the enemy's ships; and that they have judged it necessary, for farther security, that a redoubt should be erected at Billingsport, on the New Jersey side, and that a boom should be there thrown across, or some other obstructions fixed in the channel; and praying, as the place for the redoubt is out of their government, and their colony has expended a very large sum for the defence of the river, that the Congress would direct these works to be done at the continental expence; 1 Whereupon,

1 This memorial is in the minutes of the Council of Safety of Pennsylvania, X, 575.

Resolved , That the committee of safety of Pensylvania be empowered, at the continental expence, to erect the redoubt, and to fix the boom, or other obstructions, at the places aforesaid:

Thomas Bates, blacksmith, proposing to supply the continental troops with a quantity of camp kettles, of sheet iron @ one and ⅓ dollar each, provided he can have credit for five tons of sheet iron:

Resolved , That Timothy Matlack, Esq.r be directed to write to Thomas Mayberry, of Mount holly, the manufacturer of sheet iron, to send down to him five tons of sheet iron, for which he will be paid on the delivery; and, that T. Matlack be directed to receive said iron, and deliver it out, as it may be wanted, to Thomas Bates, and receive the kettles as fast as made.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JUNE 15, 1776

Sundry letters were laid before Congress, and read, viz.

One from Mr. [Thomas] M'Kean of the 13;

One from Mr. R[ichard] Peters:

One from General Washington of the 14, enclosing copy of a letter from General Schuyler of the 10, and sundry other papers:

One from Governor Trumbull, of the 10, with sundry papers enclosed: 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 33. It is printed in Writings of Washington (Ford), IV, 142. That of Thomas McKean is in No. 78, XV, folio 59. That of Governor Trumbull is in No. 66, I, folio 181. That of Peters is in No. 78, XVIII, folio 65.

One from David Waterbury, of the 6, with sundry accounts enclosed:

Resolved , That the letter from D. Waterbury, with the papers enclosed, be referred to the Committee of Claims.

A letter from the committee of safety of Virginia, of the 5, informing of the arrival of five tons of powder, on account of the continent, ∥was read:∥ Whereupon,

Resolved , That one half of said continental powder be left in Virginia, and the other half forwarded to the commanding officer in South Carolina.

Resolved , That a committee of three be appointed to take into consideration the state of Georgia, and report thereon to Congress:

The members chosen, Mr. [Stephen] Hopkins, Mr.[Benjamin] Harrison, and Mr. S[amuel] Adams.

The Marine Committee having recommended

Mr. Hector M'Neal to command the frigate Boston , and

Mr. John Brown a lieutenant of the same.

Thomas Grennel to the command of the frigate Montgomery ,

Resolved , That the gentlemen recommended be approved, and that commissions be granted to them accordingly.

0030 445

A memorial from the owners of four private ships of war, fitted and fitting out in Philadelphia, was laid before Congress, and read:

Ordered , To lie on the table.

The Committee of Claims reported, that there is due,

For expences of sick men belonging to the 6th Pensylvania batallion, the sum of £21 17 6=58 30/90 dollars, and that the same ought to be paid to Captain Samuel Benezet.

To Hugh Hodge, for sundry necessaries for the sick of the third Pensylvania batallion, the sum of £12 16 3=34 15/90 dollars:

To Robert Erwin, waggon master for transporting salt petre from Egg harbour to Cooper's ferry, the sum of £79 0 10=210 70/90 dollars:

To Peter Agnew, for repairing arms for the fifth Pensylvania batallion, the sum of £4 5 6=11 36/90 dollars.

That Peter Noble, a soldier belonging to Colonel Hinman's batallion, (Captain Watson's company) who was taken prisoner near Montreal, with Colonel Allen, ought to have the sum of 40 dollars advanced to him, and his receipt taken for the same, as part of his pay:

Ordered , That the above accounts be paid.

It being represented to Congress, that a number of officers, whose troops left them last winter in Canada, and who remained and served there during the whole winter, were returned, and were desirous of being some way employed and provided for:

Resolved , That their case be referred to the Committee of War and Ordnance, who are desired to sit as soon as conveniently they can, and report thereon to Congress.

Resolved , That the president write to Governor Trumbull, desiring, that he will deliver to the agent of the Council [committee] of safety of Pennsylvania, the cannon and trucks ordered by Congress to be taken from thence [New 0031 446 London,] and that he be informed, the Congress expect this resolution will be immediately complied with.

Resolved , That the letters from Governor Trumbull, and from General Washington and General Schuyler, be referred to the Committee of War and Ordnance.

Resolved , That the report of the committee on General Washington's letters of the 9th and 10, which was left unfinished, together with the amendments moved and seconded, be referred to the committee of the whole Congress.

The Congress then resolved itself into a committee of the whole, to take into consideration the several reports referred to them; and, after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have had under consideration the several reports to them referred, and have come to sundry resolutions, which they ordered him to report; but, not having had time to go through the whole, desired him to move for leave to sit again.

The report from the committee of the whole being delivered in,

Resolved , That a committee of three four be appointed to digest and arrange the several resolutions reported, in order to be laid before Congress; and that the committee of the whole be discharged of the reports, so far as they relate to the cartel entered into between General Arnold and Captain Foster ∥for an exchange of prisoners,∥ and that the same be referred to the committee now to be appointed:

The members chosen, Mr. [Thomas] Jefferson, Mr. [Carter] Braxton, Mr. [Robert Treat] Paine, and Mr. [Arthur] Middleton.

Resolved , That this Congress will, on Monday next, resolve itself into a committee of the whole, to take into 0032 447 their farther consideration the several reports to them referred.

Adjourned to 10 o'Clock on Monday next.

MONDAY, JUNE 17, 1776

A letter of the 7th of May from Brigadier General Armstrong, and a letter of the 6 [of June] from the committee of Albany, were laid before Congress, and read: 1

1 Armstrong's letter is in the Papers of the Continental Congress , No, 162, folio 243.

The Committee of war and ordnance, to whom the letter of Governor Trumbull of June 10th, was referred, brought in their report, which was taken into consideration: Whereupon,

Resolved , That it be recommended to the governor and assembly of Connecticut, to send the two batallions mentioned in said letter as raised, one for Boston, and one with a view to for New York, into Canada forthwith, as proposed in said letter; and that a batallion of militia be sent to Boston, instead of the one intended for that place:

That blank commissions be sent to Governor Trumbull, for the officers of the batallion raised with a view to for New York; the present exigency requiring this measure, the same not to be drawn into precedent:

That 10,500 dollars be paid into the hands of the delegates of Connecticut, to be sent to that colony, to defray the expence of raising the said regiment:

That Governor Trumbull be informed, that Congress are of opinion, that the provision made by the late act of assembly of Connecticut, for the purpose of engaging one third of the militia on the sea coast, and one fourth in the interior part of that colony, for the defence thereof, and of the neighbouring colonies, will, by no means, answer the object the Congress had in view by their resolution of the 0033 448 3d of June; and request, that such steps be taken by the assembly of that colony, as shall seem to them most likely to carry into effect the said requisition.

Resolved , That commissions be granted to the officers appointed by the assembly of Connecticut for the regiment ordered to be raised in that colony, for the service of the continent.

Resolved , That the Secret Committee be directed to sell two tons of gun powder to the convention of New Jersey, for the use of their militia.

The committee appointed to digest and methodize the resolutions entered into by the committee of the whole, having performed that service, brought in their report, which was taken into consideration: Whereupon,

G. 1. 1 — Resolved , That an experienced general be immediately sent into Canada, with power to appoint a deputy adjutant general, a deputy quarter master general, and such other officers as he shall find necessary for the good of the service, and to fill up vacancies in the army in Canada, and notify the same to Congress for their approbation; G. 2. that he also have power to suspend any officer there, till the pleasure of Congress be known, he giving his reasons for so doing in the orders of suspension, and transmitting to Congress, as soon as possible, the charge against such officer: provided, that this power of suspending officers and filling up vacancies, shall not be continued beyond the first day of October next:

1 These letters and figures are taken from Jefferson's manuscript report, in the Papers of the Continental Congress , No. 19, VI, folio 181. I believe that G. refers to such paragraphs as were suggested by Gates; C. to those of Congress or its committees; S. to those of Schuyler, and W. to those of Washington.

That General Washington be directed to send Major General Gates into Canada, to take the command of the forces in that province: 2

2 This paragraph is not in Jefferson's report.

0034 449

G. 3. That no officer suttle or sell to the soldiers, on penalty of being fined one month's pay, and dismissed the service with infamy, on conviction before a court martial:

G. 4. That the baggage of officers and soldiers be regulated conformably to the rules in the British armies:

G. 4b. That all sales of arms, ammunition, cloathing, and accoutrements, made by soldiers, be void:

G. 5. That no troops employed in Canada be disbanded there; that all soldiers in Canada, ordered to be disbanded, or whose times of inlistment being expired, shall refuse to re-inlist, shall be sent, under proper officers, to Ticon-deroga, or such other post on the lakes as the general shall direct, where they shall be mustered, and the arms, accoutrements, blankets, and utensils which they may have belonging to the public, shall be delivered up, and deposited in the public store : 1

1 As laid before the Committee of the Whole this paragraph closed as follows: “after which they shall be disbanded, and permitted to return to their respective homes.”

G. 6. 2

2 This paragraph, relating to the appointment of Dr. Jonathan Potts, is stricken out of the Jefferson report, having been printed under June 6, p. 424, ante .

G. 7. That a deputy muster master general be immediately sent into Canada:

G. 8. That the local commissaries and quarter masters, appointed at the different garrisons or posts, shall make weekly returns to the general of the provisions and stores in the places at which they may happen to be stationed:

G. 10. 3 That the general to be sent into Canada be directed to view Point au fer and to order a fortress to be erected there, if he should think proper.

3 G. 9 is printed on p. 394, ante .

C. 1. That the general officers, deputy quarter master general, local commissaries, pay master in Canada, and 0035 450 all other persons there, who have received public monies, be ordered, without delay, to render and settle their accounts; on which settlement, no general officer shall receive pay as colonel of a regiment, nor field officer as captain of a company : 1

1 C. 2, 3 and 4 are printed under June 18, p. 463, post .

S. 1. That General Schuyler be directed to make a good waggon road from Fort Edward to Cheshire's; to clear Wood creek, and to construct a lock at Skenesborough, so as to have a continued navigation for batteaus from Cheshire's into Lake Champlain; to erect a grand magazine at Cheshire's and to secure it by a stockaded fort; to erect a saw mill on Schoon creek; to order skilful persons to survey and take the level of the waters falling into Hudson's river near Fort Edward, and those which fall into Wood creek and interlock with the former, particularly Jones' run and Half way brook, the latter of which is said to discharge itself into Wood creek at Cheshire's; S. 2. that he be directed to have a greater number of boats and hands kept on Hudson's river, at the different stations between Albany and Fort Edward, in order to save the expence of waggonage; S. 3. that he be empowered to appoint proper officers to superintend the carriage by land, and transportation by water, of provisions, military stores, and other things into Canada, that neither waste or delay may arise therein; S. 4. that he build, with all expedition, as many gallies and armed vessels as, in the opinion of himself and the general officer to be sent into Canada, shall be sufficient to make us indisputably masters of the lakes Champlain and George; and that, for this purpose, there be sent to him a master carpenter acquainted with the construction of the gallies used on the Delaware, who shall take with him other carpenters, and models also if requisite; S. 5. and that it 0036 451 be submitted to General Schuyler, whether a temporary fortification or entrenched camp, either at Crown point or opposite Ticonderoga, may be necessary:

W. 1. That the commissary general be directed to supply the army in Canada with provisions, and to appoint proper officers under him to receive and issue the same at the several posts, taking the directions of the general;

W. 2. that he be empowered to contract with proper persons in Canada for supplying the army there with fresh provisions; that he be directed to purchase for them a quantity of Albany peas, and to furnish as much biscuit as may be necessary; W. 3a. and that his pay be raised to 150 dollars a month:

W. 3b. That the quarter master general be directed to provide and forward such tents, cloathing, and utensils as are wanted for the army in Canada, subject to the direction of the commander in chief:

W. 4. That General Washington be directed to send into Canada, such small brass or iron field pieces as he can spare; W. 5. that he be instructed to issue orders that no certificates be given in future by any but brigadiers, quarter masters and their deputies, or a field officer on a march, or officer commanding at a detached post: 1

1 The paragraphs W. 6, 7 and 8 are under June 21, p. 472, post . W. 9, relating to Colonel Burbeck is under May 25, p. 392, ante . W. 12, grants the bounty printed under June 26, p. 483, post .

W. 10. Resolved , that it is the opinion of this Committee that General Washington be authorised to fill up-vacancies in the army by issuing commissions to such officers under the rank of field officers, as he shall think proper to supply such vacancy; he making a monthly return to Congress of such appointments which, unless disapproved of by Congress on such return, shall stand confirmed; and that blank commissions be sent to the General for that purpose.

W. 11. Resolved , that the pay of such of the soldiers at New York as have been enlisted at five dollars per month be raised to six dollars and two thirds per month.

0037 452

W. 13. That letters be written to the conventions of New Jersey and New York, and to the assembly of Connecticut, recommending to them to authorize the commander in chief in the colony of New York, to call to the assistance of that colony, when necessity shall require it, such of the militia of those colonies as may be necessary; and to afford him such other assistance as the situation of affairs may require; W. 14. and, that it be further recommended to the convention of New York, to empower the said commander in chief to impress carriages and water craft, when necessary for the public service, and also to remove ships and other vessels in Hudson's and the East rivers, for the purpose of securing them from the enemy:

W. 15. That General Washington be permitted to employ the Indians whom he may take into the service of the United Colonies, pursuant to a resolution of Congress of the 25th of May last, in any place where he shall judge they will be most useful; and that he be authorized to offer them a reward of one hundred dollars for every commissioned officer, and of thirty dollars for every private soldier of the King's troops that they shall take prisoners in the Indian country, or on the frontiers of these colonies.

R. 5. That the companies of rifflemen from Virginia and Maryland be regimented, and that the regiment be compleated to the original number of the Pensylvania batallion : 1

1 From this paragraph to that concerning the inventory of ordnance stores taken by Captain Mainly, is in the Jefferson report, mentioned in note on p. 395, ante .

R. 6a. That the Pensylvania batallion of rifflemen be compleated to their original establishment:

R. 6b. That two companies of the forces now in the Delaware government be ordered to Cape May:

0038 453

R. 7. That the committee, appointed to contract for cannon, be directed to procure a number of brass or iron field pieces, to be made or purchased immediately:

R. 8. That the committee, appointed to provide medicines, be directed to send a proper assortment of medicines to Canada: 1

1 In the Jefferson report this paragraph read: “ Resolved , That a proper assortment of medicines be sent to Canada.” Against it Harrison has written “Com ee . already appointed to provide medicines.”

R. 9. That Mr. James Mease be directed to purchase and forward to the quarter master general in New York, as much cloth for tents as he can procure:

R. 10. That the committee appointed to provide stockings and shoes for the troops in Canada, be directed to purchase such other articles as may be wanted for the use of the soldiers in Canada, and send the same to Albany, that they may be forwarded to the army in Canada, and that they be particularly attentive to provide, in time, a sufficient number of leathern breeches and under waistcoats, and such other winter cloathing as may be necessary for them : 2

2 In the Jefferson report, Harrison has written against this paragraph: “Com d . to the Com ee . of which Mr. Shearman [Roger Sherman] is Chairman.”

R. 11. That the said committee be directed to forward, with all expedition, to the quarter master in Canada, such shoes as are already provided:

R. 12. That prisoners, taken by continental arms, be not exchanged by any authority but the Continental Congress:

R. 13. That all vessels which sailed from the port or harbour of Boston, whilst the town of Boston was in possession of the enemy, having on board effects belonging to the enemies of America, and which have been or may be seized, be liable, together with the said effects, to confiscation, in the same manner and proportions as have been heretofore resolved by Congress:

0039 454

R. 14. That the continental agents in the respective colonies, where no courts have been established for the trial of captures, have power, and be directed, to dispose, at public sale, of such articles of a perishable nature, as shall be taken from the enemies of America, and that the money arising from such sale, be liable to the decree of such court whenever established:

That the inventory of the ordnance stores, taken by Captain Manly, be sent to General Washington, and that he be requested to appoint a person on the part of the colonies, to join one on the part of Captain Manly and his crew, who, having first taken an oath for that purpose, shall proceed to value the same, and if they cannot agree in the value, they shall call in a third person to determine the same; that the report of such persons be returned to Congress so soon as may be, and the value of the stores belonging to Captain Manly and his crew, be thereupon transmitted to them.

Resolved , That it be referred to the delegates of Maryland, Pensylvania, New Jersey, and New York, to devise the mode of raising the battalion of Germans voted the 25 of May last.

Resolved , That the consideration of the remainder of the report be postponed till to morrow.

The committee, to whom was referred, the cartel between Brigadier General Arnold and Captain Foster, for the exchange of prisoners, and the several papers relating thereto, brought in their report, which was read:

The Committee to whom were recommitted the Cartel between Brigadier General Arnold and Captain Foster, for the exchange of prisoners, and the several papers relating thereto, have had the same under their consideration, and agreed to the following report:

Your committee having proceeded to make enquiry into the facts relating to the agreement entered into at St. Anne's, between Brigadier General Arnold and Capt. Foster, find a part of them well 0040 455 authenticated, and others not, yet being apprehensive that silence on the part of Congress may be construed by some into a ratification of the said agreement, they have thought it best to state the same as they appear at present, with such resolutions as they will justify if found true, reserving final decision till the whole truth shall be accurately enquired into and transmitted to Congress.

Your Committee on the best information they have been able to obtain, find

That on the 24th day of May last a party of the enemy, consisting as is said of about 600 men, under the command of Capt. Foster, attacked a post at the Cedars, held by a garrison of 350 Continental forces, then under the command of Major Butterfield.

That the said post was secured by a stockade [of wood?] to cover the garrison from the enemy's musquetry, that there were mounted therein two feild peices, and that the enemy had no cannon.

That the said garrison had ammunition and provisions sufficient to have lasted them ten days, that they had reason to expect a immediate re-inforcement in a few days, which, on a requisition from themselves, was actually on it's way from Montreal, and moreover were so near the main body of the army that they could not doubt being joined by detachments from thence sufficient to oblige the enemy to retire.

That the enemy for two days kept up only a scattering fire, by which not a single man of the garrison was killed or wounded; and that on the morning of third day the garrison surrendered themselves prisoners of war, having capitulated only for the preservation of their own baggage from plunder, [and that their persons should not be delivered into the hands of the savages.] 1

1 Words in brackets in the writing of John Hancock.

That the enemy broke the capitulation utterly and immediately on their part, plundering the garrison of their baggage, and even stripping the cloathes from their backs [and Delivering the Prisoners into the hands of the Savages.] 1

That they then proceeded against the reinforcement which was on it's way, consisting of about 150 men under the command of Major Sherburne, that Major Sherburne and his party engaged and fought them with bravery: but being at length surrounded by numbers greatly superior, and informed that the fort and garrison were already in the hands of the enemy, they were obliged to surrender themselves prisoners of war also: but whether on capitulation or not, your committee are not informed.

0041 456

That after they had put themselves into the hands of the enemy, the said enemy murdered two of them, butchering the one with tomahawks and drowning the other; and left divers others exposed in an island naked and perishing with cold and famine.

That by this time Brigadier General Arnold, who had been detached by Major General Thomas to relieve the fort at the Cedars, approached and was making dispositions to attack the enemy.

That Captn. Foster thereupon sent a flag [Notified] 1 General Arnold, notifying that if he attacked him, the prisoners, then 500 in number, would every man of them be put to death, and proposing at the same time an exchange of [ prisoners .]

1 Words in brackets in the writing of John Hancock.

[ General ] Arnold was extremely averse to entering on any agreement of that kind, and was at length induced to do it by no other motive than that of saving the prisoners from cruel and inhuman butch death, threatened in such terms as left no doubt it was to be perpetrated.

That an agreement was thereupon entered into between Brigadier General Arnold and Captn. Foster, bearing date at St. Anne's on the 27th day of May, whereby the sd. Foster stipulated that he would deliver up all the said prisoners except 15 some such as were Canadians, to Genl. Arnold; who agreed on the other part, that so many of equal rank and condition should be returned to the enemy of those taken by our arms on former occasions: that the prisoners so stipulated to be given up to the enemy were not in the possession of General Arnold, nor under his direction, but were at that time distributed through various parts of the continent under the orders of this house.

That Capt. Foster in violation of this agreement also detained a considerable number of the prisoners he had thus stipulated to deliver, and sent them into the Indian countries for purposes unknown.

Whereupon your Committee have come to the following resolutions:

Resolved , that it is the opinion of this Committee that plundering the baggage of the garrison at the Cedars, stripping them of their clothes [and delivering the Prisoners into the hands of the Savages,] 1 was a breach of the capitulation on the part of the enemy, for which satisfaction ought to be demanded.

Resolved , that the murder of two of the prisoners of war was a gross and barbarous violation of the laws of nature and nations, for which satisfaction should be made by the enemy, by delivering into our hands either Captain Foster, or the individuals concerned in committing the murder.

0042 457

Resolved , that the agreement entered into at St. Anne's was a mere sponsion on the part of Brigadr. Genl Arnold, he not being invested with powers for the absolute disposal of the Continental prisoners in general; and that therefore it is subject to be ratified or annulled at the discretion of this house, the sole representative of the United States of America [Colonies.] 1

1 Words in brackets in the writing of John Hancock.

Resolved , that it is the opinion of this Committee that of Major Sherburne and his party having fought as men should do, so much of the said sponsion as relates to their exchange should be ratified and confirmed by this house; and that an equal number of captives from the enemy, of the same rank and condition should be restored to them as stipulated by the said sponsion.

Resolved , that it is the opinion of this committee that [ ] the said sponsion as relates to the exchange of Major Butterfield [ and the ] garrison surrendering with him, ought not to be ratified: because we should redeem none but those who will fight; and because too the said sponsion excepted the Canadian prisoners, and we will in no case admit a distinction of countries among men fighting in the same cause.

Resolved , therefore that the said Major Butterfield and garrison should still be considered as prisoners of war, appertaining to the enemy, but as by the actual murder of two of the prisoners, and the threats at St. Anne's to put the others to death, the enemy are found capable of destroying their captives, the sd prisoners ought not to be put into their hands, but should be permitted to remain in their own country: that in the mean time they shall not bear arms, nor otherwise act against the enemy, but are bound to demean themselves in all things in the manner of prisoners of war enlarged on their parole, and to hold themselves subject to be recalled by the enemy, whenever proper security shall have been given that their lives shall be safe.

Resolved , that previous to the delivery of the prisoners to be returned in lieu of Majr. Sherburne and those captivated with him, satisfaction be required from the enemy for the murder of the two prisoners, by delivering into our hands Capt. Foster, or the individuals concerned in perpetrating that horrid act; and likewise restitution for the plunder at the Cedars taken contrary to the faith of the capitulation: and that till such satisfaction and restitution be made, the said prisoners be not delivered.

Resolved , that it is the opinion of this committee that if the enemy shall put to death, torture, or otherwise ill-treat any of the hostages in 0043 458 their hands, or of the Canadian or other prisoners captivated by them in the service of the United Colonies, recourse must be had to retaliation as the sole means of stopping the progress of human butchery, and that for that purpose punishments of the same kind and degree be inflicted on an equal number of their subjects taken by us, till they shall be taught due respect to the violated rights of nations.

Resolved , that it is the opinion of this Committee that a copy of this report be transmitted to the Commander in chief of the Continental forces in Canada, to be him sent to the British commander in chief of the Continental forces in Canada to be by him sent to the British commander there: and that he moreover make further and diligent [ inquiry ] into the facts therein stated and such others as may [ be obtained upon the ] same subject and [ report the ] same duly authenticated [with all pos]sible despatch [ to Congress ] for their final decision, and that in the mean time the prisoners delivered up by the enemy abstain from bearing arms or otherwise acting against them. 1

1 This report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress , No. 29, folio 229. It differs much from the report as finally adopted by Congress, July 10, p. 533, post . In the Jefferson Papers are notes of testimony taken in connection with the affair at the Cedars.

Ordered , To lie on the table.

The committee on the petition of Colonel Turbutt Francis reported, that they had met on the business referred to them; but that the Indians refused to be examined, or to give any evidence on the matter, which prevented their proceeding, wherefore they desired to be discharged: Whereupon,

Resolved , That they be discharged.

The Committee on Spies brought in their report, which was read:

Ordered , To lie on the table.

The committee to whom the letters from William Palfrey, Esq r pay master general, of the 19 of May and 3d of June ∥were referred,∥ brought in their report, which was read: Whereupon,

Resolved , as the opinion of this Committee that dollars be sent to the Deputy Paymaster General in the Eastern Department for the Pay and other uses of the Troops there.

0044 459

Resolved , That the said letters, with the weekly returns enclosed therein, be referred to the superintendents of the treasury, to be filed in the auditor general's office. 1

1 This report, in the writing of John Adams, is in the Papers of the Continental Congress , No. 22, folio 109.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow. 2

2 “The Affair of a Confederation of the Colonies is now unanimously agreed on by all the members of all the Colonies....The affair of voting, whether by Colonies as at present, or otherwise, is not decided, and causes some warm disputes.” Josiah Bartlett to John Langdon , 17 June, 1776.

TUESDAY, JUNE 18, 1776

Sundry letters were laid before Congress, and read, viz.

A letter from General Washington of the 16, enclosing

A letter from General Ward of the 9th, and Wm. Palfrey of the 16th.

3 letters from General Schuyler of the 11 and 12: 3

3 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 37. A second letter, dated the 17th, was read on the same day, and is in the same volume, folio 67. It is endorsed “private.” Schuyler's letter of the 11th is in No. 153, II, folio 208.

One letter from Brigadier General Sullivan of the 5 and 6, with three papers enclosed; and

2 from Brigadier General Arnold of the 5 and 6:

Resolved , That the foregoing letters and papers be referred to the Board of War and Ordnance.

A letter from William Palfrey, Paymaster General, of the 16 June, with a weekly return, ∥was read:∥

Resolved , That this be referred to the superintendents of the treasury.

A letter from Joseph Trumbull, commissary general, of the 17, informing, that he has found it necessary to order a quantity of flour to be purchased in Philadelphia, and that to pay for the same, he has drawn on the president 0045 460 in favour of Mr. Matthew Irwin, for 60,000 dollars; and, as he shall be under the necessity of giving orders for purchasing pork and flour in Philadelphia, desiring to know whether he may, from time to time, [continue] to draw on the president for the payment of those articles. 1

1 This letter is in the Papers of the Continental Congress , No. 78, XXII, folio 49.

Resolved , That the president be directed to pay such bills as are or may be drawn by Joseph Trumbull, Esq r for the purpose abovementioned, and that the same, as paid, be charged to his account.

A letter from the committee of safety of Pensylvania, requesting the opinion of Congress, whether persons taken on board merchants' ships and river craft, ought to be exchanged for seamen taken from the enemy's ships of war? 2

2 This letter is in the Papers of the Continental Congress , No. 69, I, folio 141.

Resolved , That the president inform the committee of safety that the Congress judge it improper that such an exchange should take place. 3

3 This concerned the exchange of Budden and Draper. See p. 399, ante .

Resolved , That Gunning Bedford, Esq r . deputy muster master general, be promoted to the rank of muster master general, and that he be directed immediately to repair to head quarters at New York.

Resolved , That General Washington be empowered and directed, to nominate and send a deputy muster master general to Canada.

Resolved , That two members be added to the board for superintending the treasury.

The ballots being taken, Mr. [Joseph] Hewes, and Mr. [Thomas] M'Kean were elected.

A memorial from Dr. [John] Morgan, director general and chief physician of the Hospital, was laid before Congress, and read: 4

4 This memorial is in the Papers of the Continental Congress , No. 41, VI, folio 3.

0046 461

Resolved , That it be referred to the committee appointed to provide medicines.

The committee to whom the report on the resolutions of the convention of South Carolina, respecting the batallions raised in that colony, were recommitted, brought in their report, which was taken into consideration: Whereupon, the Congress came to the following resolutions:

Whereas the Congress, on the 4th day of November last, resolved, that for the defence of South Carolina, there be kept up in that colony, at the continental expence, three batallions of foot; each batallion to consist of the same number of men and officers, to be upon the same pay, and under the same regulations as the continental army; and, on the 25 day of March last, resolved, that the convention, or council of safety of South Carolina, be permitted to raise and embody two other batallions, and that they be on the pay, and at the expence of the continent, as soon as they shall be armed fit for service, and accordingly mustered; and whereas the convention of South Carolina, on the 22d day of February last, ordered that their council of safety return the thanks of that colony to the Continental Congress for their attention to its security; that they state the peculiar circumstances and the heavy expences which have been and will be incurred by that colony in the measures necessary for their defence, and that they request the Continental Congress to allow that colony so much money as the expences of three batallions, upon the continental establishment, would amount to for one year, and to give continental rank to the officers of the three regiments raised in June, and of the regiment of artillery raised in November, from the dates of their respective commissions, or at least from 0047 462 the fourth day of November, when they resolved to allow that colony three batallions; and whereas, the delegates from that colony in Congress, have represented the peculiar circumstances and heavy expences of that colony; and that the troops raised in it were inlisted for three years, upon a different establishment of pay, and under different articles of war, so as to render it inconvenient to place them, in all respects, upon the continental establishment; therefore,

Resolved , That the batallion of artillery, and the two other batallions of foot, raised in South Carolina, and kept up in that colony for the defence of the same, be considered as continental forces, and allowed the same pay, rations and disbursements as other forces on the continental establishment:

That the two batallions, under the command of the Colonels Gadsden and Moultrie, be allowed all the advantages of the continental establishment, from the 4th day of November last, and the regiment of artillery, from the time when the same was ordered to be raised by the Provincial Congress or convention of South Carolina:

That the two batallions of rifflemen, raised in and for the defence of the said colony, be considered as continental troops from the 25 day of March last, and be entitled to all the advantages of the same:

That all the above mentioned troops be liable to the articles for the government of the forces in the said colony:

That the said forces be continued on the continental establishment until the expiration of their inlistment, unless they shall be sooner disbanded by Congress:

That not more than one third of the effective men of the abovementioned forces be ordered out of the said 0048 463 colony, without the express order of Congress or the consent of the president of that colony. 1

1 “Enclosed are the resolutions of Congress respecting our Provincial forces. We wish they may be agreeable to your Excellency, to our Assembly, and to the officers of our Army; if they are not, there is nothing compulsory in them. Congress would not strictly comply with the request we were ordered to make on this subject, lest they should establish a precedent which might be injurious to the general interest of America. We have, therefore, been obliged to vary our application, and to adopt such resolutions as seemed most likely to give satisfaction to the officers Of our Army.” South Carolina Delegates in Congress to President Rutledge , 9 July, 1776.

Resolved , That Mr. [Thomas] Heyward, [Jr.] and Mr. [Lyman] Hall be added to the committee for providing medicines.

Resolved , That Mr. [John] Rodgers, be appointed a member of the marine committee.

Resolved , That a commissioner be appointed to settle in Canada the debts due on certificates, given by officers to the Canadians for carriages and other services; and to settle the accounts for such goods, as may have been seized, through necessity, for the use of the army; and that the same as soon as liquidated be returned to the Board of Treasury, to be by them finally confirmed and discharged. that it be given in instruction to him, to attend particularly to the case of Mr. Bernard; and that, in settling the certified debts, he state carefully the names of all those who have given certificates, the nature of the service, and the time when performed, and return the whole, when settled and stated, to the committee of treasury, to be by them examined and discharged:

Resolved , That the deputy pay master general be directed to transmit to Congress copies of the particulars before mentioned on the original certificates, with the report and remarks of the Commissioners thereon. 2

2 These two paragraphs included C. 2, 3, and 4 of the Jefferson report on p. 450, ante . The second paragraph was not adopted by Congress.

That Thursday next be assigned for electing the said commissioner.

0049 464

Resolved , That no man in these colonies, charged with being a tory, or unfriendly to the cause of American liberty, be injured in his person or property, or in any manner whatever disturbed, unless the proceeding against him be founded on an order of this Congress, or the Assembly, convention, council or committee of safety of the colony, or committee of inspection and observation, of the district wherein he resides; provided, that this resolution shall not prevent the apprehending any person found in the commission of some act destructive of American liberty, or justly suspected of a design to commit such act, and intending to escape, and bringing such person before proper authority for examination and trial.

Ordered , To be published. 1

1 Printed in the Pennsylvania Gazette , 19 June, 1776.

Information being given, that some of the officers, who were prisoners at Lebanon, in the colony of Pensylvania, have, in violation of the parole by them given and subscribed, made their escape,

Resolved , That it be referred to the Board of War and Ordnance to consider what steps are necessary to be taken on the occasion.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JUNE 19, 1776

Sundry letters and papers were laid before Congress and read.

A letter from the convention of New Jersey of the 18th, enclosing an ordinance for raising 3,300 militia for the defence of New York, and their proceedings for apprehending 0050 465 William Franklin, Esq r late governor of that colony; 1 Whereupon,

1 The proceedings of the convention of New Jersey on William Franklin are in the Journal of the Convention , June 14–16. The letter enclosing them is in the same volume, June 18.

Resolved , That it be recommended to the convention of New Jersey, to proceed on the examination of Mr. Franklin, and if, upon such examination, they shall be of opinion that he should be confined, to report such opinion to this Congress, and then this Congress will direct the place of his confinement, they concurring in sentiment with the convention of New Jersey, that it would be improper to confine him in that colony.

The Board of War and Ordnance, to whom sundry letters and papers were referred, particularly one from General Washington dated the 16, brought in their report, which was taken into consideration; Whereupon,

Resolved , That the commissions granted by Brigadier General Sullivan, to sundry officers in Canada, mentioned in General Washington's letter, be approved and confirmed, provided, General Gates and the general officers in Canada, on consultation, shall think the measure will conduce to the public service.

That 300,000 dollars be sent to the pay master general at New York, for the use of the army.

The Committee of Claims reported, that there is due,

To John Jervis, for horse hire, ferriages, &c. the sum of £12 8 4=33 10/90 dollars:

To John Bruce, the sum of £5 0 6=3 36/90 dollars, being the ballance of his bill for tin cartouch boxes:

To Joseph Fernauer, the sum of £6 7 9=17 3/90 dollars, the ballance of his bill for tin cartouch boxes:

To Sacheverel Wood, the sum of £70 4 8=157 26/90 dollars, for victualling prisoners confined in gaol by order of Congress:

0051 466

To George Reinhart, for hauling powder, arms, and bullets, the sum of £7 14 0=20 48/90 dollars:

To Thomas Harvey, for cash paid by him for guards of powder waggons, and also his bills for ferriages, the hire of a waggon, &c. the sum of £10 4 2=27 20/90 dollars, and that the same ought to be paid to Samuel Hillegas, Esq r

To Mary Thomas, for nursing and boarding two of Captain Benezet's men, in the small pox, the sum of £4 10 0=12 dollars:

Ordered , That the said accounts be paid.

A muster roll of the ninth Virginia batallion, commanded by Colonel Fleming, taken the 31 May last, was laid before Congress: Whereupon,

Resolved , That the said batallion be taken into continental pay from the said 31 day of May.

Resolved , That one ton of gun powder be sent to the colonel or commanding officer of said batallion:

Resolved , That the committee for preparing medicine chests, be directed to send a chest of medicines to the surgeon of said batallion.

Resolved , That the Marine Committee be directed to carry into execution the resolution of the 17th, for sending carpenters to General Schuyler.

A memorial from the mates of the Hospital was laid before Congress and read: 1

1 This memorial is in the Papers of the Continental Congress , No. 41, III, folio 167.

Resolved , That it be referred to the committee for providing medicines.

Whereas it is indispensably necessary for the good of the service, that the soldiers of the United Colonies should be well provided with blankets and cloathing; therefore,

Resolved , That it be recommended to the assemblies and conventions of the United Colonies, forthwith to cause a 0052 467 suit of cloaths, of which the waistcoat and breeches may be made of deer leather, if to be had on reasonable terms, a blanket, felt hat, two shirts, two pair of hose, and two pair of shoes, to be manufactured, or otherwise procured at reasonable rates, in their respective colonies, for each soldier of the American Army, inlisted therein for the present campaign, and that the same be baled, invoiced, and stored in suitable places, to be delivered to the order of Congress, or the commander in chief of the American Army:

Resolved , That sufficient sums of money be granted to the assemblies and conventions aforesaid, on applying for the same, to enable them to discharge the demands arising from the purchase of the articles aforesaid:

Resolved , That the commander in chief of the American Army be empowered to draw on the said assemblies and conventions, for such articles of cloathing aforesaid, as he shall, from time to time judge necessary, and that the cost thereof be deducted from the pay of the soldiers who shall receive the same, by the proper officer for examining and discharging the accounts and pay rolls of the respective regiments.

The Marine Committee, to whom the petition of William Adams, surgeon, was referred, brought in their report, which was taken into consideration: 1 Whereupon,

1 This petition, dated May 28, 1776, is in the Papers of the Continental Congress , No. 42, I, folio 11.

Resolved , That the resignation of William Adams be accepted.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JUNE 20, 1776

A letter of the 17 from General Washington, and a letter from the President of the convention of New Jersey, were laid before Congress, and read. 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 63. That from the convention of New Jersey is in No. 68, folio 151.

Resolved , That in order to give time to the several committees, to prepare for the house the matters referred to them, it be a standing rule of Congress, that adjournments from the Friday evening, be always to Monday morning, unless on any particular occasion, the Congress shall order otherwise.

A petition from Carpenter Wharton was presented to Congress and read:

Resolved , That it be referred to the Board of War and Ordnance.

The Congress took into consideration the report of the committee on the cartel made between Brigadier General Arnold and Captain Foster, ∥for exchange of prisoners;∥ and, after some debate, the farther consideration thereof was postponed till to Morrow.

Resolved , That a committee of three be appointed to draw up rules and regulations for the conduct of Congress ∥the house during debates:∥

The members chosen, Mr. [Edward] Rutledge, Mr. [Thomas] Jefferson, and Mr. [Robert Treat] Paine.

The Committee of Claims reported, that there is due,

To Captain William Richards, for the detention of his shallop twenty days on the public service, the sum of £15=40 dollars:

To Robert Erwin, waggon master, the sum of £77 15 0=207 30/90 dollars, for waggonage:

To David Williamson, for waggon hire, carrying Captain 0054 469 James Grier's baggage from Fredericksburg to New York, and returning home, the sum of £55 2 6=147 dollars:

To Abraham Mills, for nursing and boarding six soldiers in the small pox, the sum of £12 14 8=33 86/90 dollars:

To Samuel Cooper, for ferriage and storage, the sum of £9 16 0=26 12/90 dollars:

To Leonard Stoneburner, for one team hauling Captain Williams's company's baggage 18 miles beyond Goshen, and two teams hauling Captain Jones's [company]'s baggage to Albany, the sum of £155 9 6=414 54/90 dollars:

On two certificates produced by Henry Wisher, Esq r the sum of £4 6 3∥=11 45/90 dollars,∥ expences of the first Pensylvania batallion, at Goshen, and that the same ought to be paid to Henry Wisner, Esq r and charged to J. Shallus, quarter master of said batallion:

Ordered , That the said accounts be paid.

Resolved , That a committee of five be appointed to consider what provision ought to be made for such as are wounded or disabled in the land or sea service, and report a plan for that purpose:

The members chosen, Mr. [Robert Treat] Paine, Mr. F[rancis Lightfoot] Lee, Mr. [Lyman] Hall, Mr. [William] Ellery, and Mr. [Francis] Lewis.

The several matters to this day referred, being postponed,

Adjourned to 9 o'Clock to Morrow. 1

1 The following minute is printed in the Colonial Records of Pennsylvania , X, 611:

“ In Congress , June 20, 1776 .

“Robert Morris, one of the Delegates from the Province of Pennsylva'a, reminded the Congress that the Assembly of said Province had Adjourned on the 14th inst., without having been able to Carry into Execution the Resolves of Congress of the 3rd Inst., for Raising 6, 000 Militia for establishing a flying Camp; and then informed the Congress that their said Resolve, not being directed in Terms to the Committee of Safety, but address'd to the Colony , the said Committee were in doubt whether it would be expected from them to execute said Resolve, as they are in Recess of Assembly the Executive Body of this Province; He Also alledged that if the Congress expected the Committee to proceed in this Business it would be necessary or adviseable that they should recommend it expressly to them, for under the present Circumstances of the Province, he much doubted if they would be obeyed unless so authorized, and added that, if the Congress did not see proper to take further order in this matter, he hoped the Committee of Safety would always be held blameless, as they now gave Congress this necessary information for the express purpose of having an Explicit declaration, if they were expected to act in this important business, which they were ready to undertake if so desired. This application was made by Mr. Morris as declared, By order of the Committee of Safety, and after a debate of Considerable length, and two Motions made and seconded, one was withdrawn, the other determined in the Negative. In Consequence whereof, I have made this Memorandum immediately on the spot, to appear when it may be necessary, and to prevent blame being east where it is not merited.

“Signed, Rob't Morris .

“The above is a true state of Facts.

“Sign'd, Joseph Hewes Edward Rutledge , T. Hope . [ Stone ] Delegates in Congress .”

FRIDAY, JUNE 21, 1776

Resolved , That General Washington be directed to permit Brigadier General Wooster to return to his family in Connecticut.

Resolved , That the commanding officer of the Delaware batallion, be directed to send a proper guard, with the powder ordered to ∥Colonel Fleming's regiment, on∥ the Eastern Shore of Virginia.

Resolved , That an order for 300,000 dollars be drawn on the treasurers, in favour of the Delegates of South Carolina, for the use of the continental batallions ordered to be raised in that colony; the said delegates to be accountable:

The Committee of Claims reported, that there is due,

To Rowland Swan, a captain of his Britannic majesty's 7th regiment of foot, the sum of 36 dollars, for eighteen weeks' allowance, and 12 dollars for bringing his baggage from New York to Philadelphia, together with the baggage 0056 471 of Capt. Dundee, and three privates of the said regiment:

To Joseph Haight, for supplying the prisoners at Burlington with provisions to the 4 June instant, the sum of £89 5 0=238 dollars.

To Andrew M'Nair, the sum of £45 1 11=120 23/90 dollars for provisions, &c. for the 24 Indians, while at the state house, which was 20 days:

To Michael Clarke, for liquor for the above Indians, the sum of £10 8=27 66/90 dollars:

Ordered , That the said accounts be paid.

A letter of the 21, from the convention of New Jersey, was laid before Congress and read, together with sundry letters from the prisoners there ∥in Burlington.∥

Resolved , That the pay of the commissioner to be sent into Canada be four dollars per day.

The Board of War and Ordnance, ∥to whom was referred the case of the officers who served last winter in Canada,∥ brought in a report, which was taken into consideration: Whereupon,

Resolved , That the convention of New York be requested to set on foot the raising another regiment on continental establishment, to serve for three years, or during the war, unless sooner discharged by Congress; and that in forming said regiment, they commission such officers as served the last campaign in Canada, and have not been yet provided for:

That the said officers be informed that the commissions to be granted them, be on condition that they raise their companies to their full complement, or nearly thereto, and that their commissions be withheld from them until the said condition be complied with:

That it be recommended to the said convention to make suitable provision for Major Dubois, with whose good 0057 472 conduct Congress are well satisfied, and that they return his [name,] with the names of the other field officers, for the approbation of Congress.

That a commission of lieutenant colonel be given to Major John Vischer, in Colonel John Nicholson's regiment, in the New York forces. 1

1 George Clinton thought this regiment would not have been ordered, “were it not with a view of providing for those officers who have much merit, from reëngaging in the service of their country last fall, after the surrender of Montreal, and continuing through a most fatiguing and dangerous campaign in Canada during the winter.” As to the recommendation of Major Dubois he said: “The Congress having heretofore left the appointment or recommendation of the officers of new levies with the Provincial Congress, in which the same are raised, and being therefore loath now to break through this rule, is (I am informed,) the only reason why the officers to this regiment are not appointed here.” To John McKesson , 25 June, 1776. In Journal of the Proceedings of the New York Provincial Congress . See note under June 26, p. 481, post .

The Congress then resumed the consideration of the report from the committee of the whole: Whereupon,

Resolved , That General Washington be directed to order an enquiry to be made into the causes of the miscarriages in Canada conduct of the officers heretofore employed in the Canada department; that the said enquiry be made at such times and places as, in his judgment, shall be most likely to do justice, as well to the public as to the individuals; and that the result of the said enquiry, together with the testimonies upon the subject, be transmitted to Congress: that, moreover, all officers accused of cowardice, plundering, embezzlement of public monies, and other misdemeanors, be immediately brought to trial: And whereas, Congress is informed that an opinion has prevailed that officers resigning their commissions are not subject to trial by a court martial for offences committed previous to such resignation, whereby some have evaded the punishments to which they were liable, it is hereby declared that such opinion is not just. 2

2 This paragraph includes W. 6, 7, and 8 of the Jefferson report, p. 451, ante .

0058 473

The several matters to this day referred, being postponed,

Adjourned to 9 o'Clock on Monday.

MONDAY, JUNE 24, 1776

Two Letters from General Washington, of the 20 and 21, with sundry papers enclosed, were laid before Congress and read: 1 Whereupon,

1 These letters are in the Papers of the Continental Congress , No. 152, II, folios 75 and 79. That of the 20th is printed in Writings of Washington (Ford), IV, 164.

Resolved , That a letter be written to the General, desiring him to put a stop to the raising the companies of Mohickan and Stockbridge Indians, mentioned in one of the enclosed papers; and that a like letter be written to Governor Trumbull.

That the letters, with the enclosed papers, be referred to the Board of War and Ordnance.

A letter, from the convention of New Jersey, dated 21, with sundry papers, containing the questions proposed to Mr. William Franklin, his behavior ∥on the occasion,∥ and the resolution of the Convention, “declaring him a virulent enemy to this country, and a person that may prove dangerous, and that the said William Franklin be confined in such place and manner as the Continental Congress shall direct;” Whereupon,

Resolved , That William Franklin be sent under guard to Governor Trumbull, who is desired to take his parole; and, if Mr. Franklin refuses to give his parole, that Governor Trumbull be desired to treat him agreeable to the resolutions of Congress respecting prisoners.

Resolved , That Mr. Mease be directed to advance to Captain Matthew Smith, of the riffle batallion, 1,040 dollars, for the purpose of recruiting his company; the said Captain Smith to be accountable.

0059 474

Resolved , That Mr. Mease, and the Committee of Claims, be directed to forward to the pay master general, an account of the monies advanced and ordered to be charged to the riffle batallion, or the respective riffle companies, in order that the same may be deducted, and stopped from their pay.

Information being given to Congress that a quantity of tents, which were sent from Philadelphia for the use of the colony of Massachusetts bay, have been stopt at New York, by the order of the quarter master general:

Resolved , That the president write to the General on this subject, and desire him to order the said tents to be redelivered, and forwarded to the colony of Massachusetts bay immediately.

Resolved , That a committee, to consist of a member from each colony, be appointed to enquire into the cause of the miscarriages in Canada: 1

1 In the Papers of the Continental Congress , No. 36, IV, folio 171, is a paper in the writing of Charles Thomson, as follows: “That the Board of War and Ordnance be directed to inquire into the causes of the miscarriage in Canada and into the conduct of such officers as may have been accessory thereto, and report the same with the charges to Congress, together with their sentiments thereon.” This, with several motions, was referred to the Committee of the Whole. In the same volume, folio 177, is a motion in the writing of James Wilson, as follows: “ Resolved , That a committee be appointed to enquire into the causes of the miscarriages that have happened in Canada.

“ Resolved , That this Committee be empowered to send for such Persons and Papers as may tend to throw Light upon the Subject before mentioned.”

That the said committee have power to send for persons and papers:

The members chosen, Mr. [William] Whipple, Mr. [Robert Treat] Paine, Mr. [Stephen] Hopkins, Mr. [Roger] Sherman, Mr. [George] Clinton, Mr. [James] Wilson, Mr. [William] Paca, Mr. [Thomas] Jefferson, Mr. [Joseph] Hewes, Mr. [Arthur] Middleton, and Mr. [Lyman] Hall.

The Committee of Claims reported, that there is due,

0060 475

To Gunning Bedford, the sum of £75 15 0=202 dollars, of which sum £38 150 ∥=103 dollars and 30/90ths,∥ is for his pay and subsistence for two months; and the remainder for a horse for the continental service:

Ordered , That the said accounts be paid.

Resolved , That the report on the cartel for exchange of prisoners, entered into between Brigadier General Arnold and Captain Foster, be recommitted.

The Congress took into consideration the report of the Committee on Spies; Whereupon,

Resolved , That all persons abiding within any of the United Colonies, and deriving protection from the laws of the same, owe allegiance to the said laws, and are members of such colony; and that all persons passing through, visiting, or make a temporary stay in any of the said colonies, being entitled to the protection of the laws during the time of such passage, visitation or temporary stay, owe, during the same time, allegiance thereto:

That all persons, members of, or owing allegiance to any of the United Colonies, as before described, who shall levy war against any of the said colonies within the same, or be adherent to the king of Great Britain, or others the enemies of the said colonies, or any of them. within the same, giving to him or them aid and comfort, are guilty of treason against such colony:

That it be recommended to the legislatures of the several United Colonies, to pass laws for punishing, in such manner as to them shall seem fit, such persons before described, as shall be proveably attainted of open deed, by people of their condition, of any of the treasons before described.

That it be recommended to the several legislatures of the United Colonies, to pass laws for punishing, in such manner as they shall think fit, persons who shall counterfeit, 0061 476 or aid or abet in counterfeiting, the continental bills of credit, or who shall pass any such bill in payment, knowing the same to be counterfeit.

Resolved , That the remainder of said report be recommitted.

The committee, appointed to consider what harbours are proper to be fortified, brought in their report, which was read.

The Committee appointed to consider what Harbours are proper to be fortified, have attended that Service, and come to the following Resolutions, viz:

Resolved , as the opinion of this Committee, that the Harbour of Cape Ann, in the Colony of Massachusetts Bay, ought to be fortified, and to this End that Twenty Pieces of large Cannon, with Ten Eighteen Pounders and Ten Twenty four Pounders, be procured at the Continental Expence and sent to that Place, and that the Commanding officer in the Eastern Department be directed to order an Engineer to dispose of said Cannon to the best Advantage for the Defence of that Harbour, and also to order a sufficient Number of Troops there to do the necessary Work.

Resolved , That Twenty two Pieces of heavy Cannon, Eighteen and Twenty four Pounders, be furnished at the Expence of the Continent for the Fortification of the Harbour of New London, and that Governor Trumbull be impowered to raise three Companies of Troops on the Continental. Establishment of Pay, Rations, and Disbursements, to be stationed at New London to Garrison the Forts there and defend the Harbour.

Resolved , that the Marine Committee be impowered and instructed, to build, Man and equip two large Row Gallies for the Defence of little Egg Harbour, so called, in the Colony of New Jersey. 1

1 This report, in the writing of John Adams, is in the Papers of the Continental Congress , No. 28, folio 193. A report upon Slew York is printed later.

Ordered , To lie on the table.

Resolved , That the said committee be empowered to draw on the Treasurers, for a sum of money sufficient to defray the expences of surveying and examining the ports.

0062 477

A petition from Antoine Felix Wiebert was presented to Congress, and read:

Resolved , That the same, together with the papers accompanying it, be referred to the Board of War ∥and Ordnance.∥

The Board of War and Ordnance, to whom was referred a petition from Carpenter Wharton, brought in their report, which was read:

Ordered , To lie on the table: and that the president write to General Washington, and request him to inform Congress of the cost of a ration as furnished by the commissary general.

The several matters to this day referred, being postponed, 1

1 A memorial of Captain Elisha Painter was read this day. It is in the Papers of the Continental Congress , No. 42, VI, folio 121. Also a petition from William Goddard, which was referred to the Board of War. It is in No. 42, III, folio 178, and bears an endorsement by Richard Peters: “24 P.M. Read before the Board of War and referred to farther consideration.”

Adjourned to 9 o'Clock to Morrow.

TUESDAY, JUNE 25, 1776

A letter from General Washington, of the 23, with sundry letters from Major General Schuyler, Brigadier General Sullivan, Brigadier General Arnold, and others, were laid before Congress, and read: 2

2 The letter of Washington, with enclosures, is in the Papers of the Continental Congress , No. 152, II, folio 89. It is printed in Writings of Washington (Ford), IV, 169.

Resolved , That the same be referred to the Board of War and Ordnance; who are directed to sit immediately, and report thereon as soon as possible.

A memorial from Captain Stephen Rowe Bradley was presented to Congress and read, together with sundry accounts:

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

0063 478

The Marine Committee having recommended Captain Samuel Nichols, to be advanced to major of marines; Andrew Porter, Joseph Hardy, Samuel Shaw, Benjamin Deane, and Robert Mullin, to be captains of marines; Daniel Henderson, David Love, Franklin Reed, and Peregrine Brown, to be first lieutenants of marines; James M'Clure, William Gilmore, Abel Morgan, and Hugh Montgomery, to be second lieutenants of marines; John Stewart to be captain; Thomas Pownal, first lieutenant, and Richard Harrison, second lieutenant, of marines, for the frigate building in Maryland:

John Langdon, Esq r as agent of prizes for the Colony of New Hampshire:

Resolved , That the gentlemen recommended be approved, and that commissions be granted to them accordingly.

Resolved , That the Secret Committee be directed to sell to John Maxwell Nesbit & Co. 125 lb. of powder, for the use of the privateer fitting out by them.

Resolved , That the committee appointed to contract for making musquets, be directed to consider on a bounty, or other means, for encouraging the making of musquets.

Adjourned to 4 o'Clock.

Eodem die , P. M.

A Declaration of the deputies of Pensylvania, met in provincial conference, was presented to Congress, and read; expressing their willingness to concur in a vote of Congress, declaring the United Colonies Free and Independent States.

The Board of War and Ordnance, to whom the several letters received this morning were referred, brought in their report, which was taken into consideration; Whereupon,

0064 479

Resolved , That the number of men destined for the northern department, be augmented to 4 thousand:

That a colonel's commission be immediately issued to Major Dubois, with instructions forthwith to raise a regiment to serve for three years, or during the war, and that the corps of officers be composed of such as have served with credit in Canada; no officer to receive his commission until his company be raised and armed; the arms of the people inlisting themselves, to be valued by the committees of the counties, where the companies are raised, and paid for by the continent, on their being mustered:

That it be earnestly recommended to the colony of New Hampshire, to send immediately one regiment of their militia; to Massachusetts bay, [to send] two regiments of their militia; to Connecticut, [to send] one regiment of their militia to augment the troops destined for the northern department:

That letters be sent to the several assemblies of the colonies, from whence the several regiments of militia are and have been requested, earnestly pressing them to be expeditious in raising and equipping their troops, and requesting the several assemblies to take upon themselves the care of providing the said troops with cloaths, tents, and all necessary camp equipage, and assuring them that the United Colonies will be answerable for the expence of the same:

That a regimental pay master, who is not to be an officer of the army, be appointed by the said colonies to each of the said batallions, who shall keep all the accounts of his respective batallion, and to whom particular returns shall be made of the expence of cloathing the said batallion, in order that the same may be deducted out of the pay of the soldiers, for whom the articles shall have been provided.

0065 480

Resolved , That a committee be appointed immediately to repair to New York and confer with General Washington and the other generals there, with power to agree upon and take the proper steps for carrying into execution such further measures as on consideration of all circumstances shall be judged most advisable in the present situation of affairs in Canada and the neighborhood of the lakes.

on reconsideration next day ordered to be expunged. 1

1 This entry is written on the margin of the page.

The several matters to this day referred, being postponed,

Adjourned to 9 o'Clock to Morrow.

WEDNESDAY, JUNE 26, 1776

A letter from General Washington, of the 21 and,

A letter from Brigadier General Wooster, of the 26 were presented to Congress, and read: 2

2 This letter is in the Papers of the Continental Congress , No. 152, II, folio 85. It is endorsed: “Read 26th, 27th. Read before Board of War and referred for farther consideration.” The letter introduced the Chevalier de Kermorvan and M. de Vermonet. The letter of Wooster, dated June 26, is in No. 161, folio 313.

Ordered , That the letter from Brigadier General Wooster be referred to the committee appointed to enquire into the causes of the miscarriages in Canada.

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

Resolved , That Mons r Antoine Felix Weibert, who applies to be employed as an engineer in the continental service, be recommended to General Washington as a person who appears to be qualified to act in that capacity; but, as he asks no more at present than to be placed in a situation, in which he may be enabled to evidence his abilities, the General be desired to employ him in such 0066 481 way, as he shall judge will best conduce to the good of the service, and answer Mens. Weibert's request.

Resolved , That beating warrants be forthwith made out to the following gentlemen be appointed officers of the batallion to be raised under Colonel Lewis Dubois; their commissions to be given them as soon as their complement of men shall be raised:

Jacobus S. Bruyn, lieutenant colonel; William Goforth, major; David Dubois, 1 captain, Elias Van Banschoten, 2d, Thomas De Witt, 3d, do., Isaac Wool, 4th do., Philip D. B. Bevier, 5th do., Richard Platt, 6th do., Albert Pawling, 7th do., and Cornelius T. Jansen, 8th do.; James Gregg, Aaron Austin, Jonathan Piercy, Evans Wherry, Garret Van Wagenan, Henry Vandenburg, Nathaniel Conklin, and Henry Dodge, as first lieutenants; Daniel Gano, as second lieutenant in the first company; John Coates, surgeon; and Henry Dubois, adjutant.

Resolved , That the president write to the convention of New York, and explain to them, the reasons that induced the Congress to enter into the foregoing resolutions; and to request the said convention to appoint the other officers of said batallion, and to use their best endeavours in equipping and forwarding the said batallion as soon as possible. 1

1 This action was reluctantly acquiesced in by the New York delegates in the Congress. In their letter to the New York Provincial Congress they thus explained the necessity:

“On receiving the late intelligence from Canada, respecting the repulse of the detachment of our army commanded by Gen. Thompson at Three Rivers, &c. the despatches containing this account, with the state of our army in Canada, were referred to the board of war, who, the same day, reported the necessity of reinforcing our army there with four regiments, &c; that to be raised in our Colony to be one; to expedite the raising of which, an arrangement of the officers was also reported and agreed to by Congress. We objected to this measure, and thought it our duty to withhold our assent, not only because it was, as we conceived, introducing a new precedent which might give offence, but might interfere with appointments which you might probably have made for the same regiment, in consequence of the former resolves. The pressing occasion and necessity of despatch were urged to support the measure; and it was alleged that as these appointments were made of particular persons who had merited it by former service, it interfered with no former rule; and even should the appointments be continued to the Provincial Congress, it would in this case only create unnecessary delay, as the same persons must be appointed by them to answer the design and meaning of this Congress expressed in their former resolve. We were persuaded, nay we are morally certain, considering the busy season of the year, which will enhance the wages of labourers, and the numbers of militia now in the service, that this regiment cannot possibly be raised in time to answer the end for which it is more particularly designed; and should our affairs in Canada grow worse, as we have reason to apprehend from present appearances, we feared lest delay, though unavoidable, and every misfortune which may befal our army in Canada, for want of a proper reinforcement, might by some be imputed to our Colony, notwithstanding your earnest exertions to carry in execution this impracticable and, as we conceive, ineffectual measure. We judged it, therefore, most prudent only to mention our reasons for withholding our assent, without making a more pointed and strenuous opposition to the measure, thereby leaving the Colony in such a situation as not to incur any blame on this occasion.” The letter was dated June 27, and was signed by George Clinton, Francis Lewis, William Floyd, Henry Wisher and John Alsop. Journal of the Proceedings of the New York Provincial Congress .

0067 482

Resolved , That the Marine Committee be empowered to purchase the armed brig Catharine , with her guns, tackle, apparel and furniture, as she now lies in Connecticut.

The Committee of Claims reported, that there is due,

To Dr. Bond, the sum of £3 10=9 30/90 dollars for medicines and attendance for three Indians:

To Benjamin Armitage, for boarding and lodging Thomas Folmer, the Indian interpreter, twenty days, the sum of £4 12 1=12 25/90 dollars.

To Richard Cheneys, the sum of £1 16 10=4 82/90 dollars for victualling General Lee's guards, and that the same ought to be paid to John Morton, Esq r .

To Anthony Welte, for provisions supplied Captain Nelson's company, the sum of £6 16 6=18 18/90 dollars.

To Aaron Phips, the sum of £2 16 2=7 44/90 dollars for sundry expences of General Lee's guards:

To John Osborne, the sum of £3 0 0=8 dollars; of which sum 6 dollars is for three weeks boarding and 0068 483 lodging a sick soldier, and two dollars for a coffin for one of Captain Vanzant's men:

To George Hawes, for waggon hire, &c. carrying money to Cambridge at the time Mr. Franks went, the sum of £26 8 4=70 40/90 dollars,

To Messrs. Hanson, Donaldson, and Franks, for carrying money to the camp in March last, the sum of £89 7 4=238 28/90 dollars:

To Isaac Sorrel, the sum of £10 2 1=26 85/90 dollars; of which sum £4 0 9∥=10 69/90 dollars∥ is for the expences of the prisoners that were brought from North Carolina and the guard; the remainder is for the expences of the guard that went with the powder, &c. to Colonel Miles, at Marcus hook.

To Mr. Henry Hailer the sum of £242.1.4=645 46/90 Dollars, of which sum Captain John Nelson is to be charged

for two riffles £9. 0. 0=24

expences of his company at Reading £4. 17.5=12 89/90

expences of the prisoners from St. Johns &c at ditto to the 8 June £201.18.11=588 47/90

Mr. Haller's pay from 30 March to 7 June inclusive, 70 days, at 7/6 as commissary £26. 5. 0=70

Ordered , That the said accounts be paid.

Resolved , That a bounty of ten dollars be given to every non-commissioned officer and soldier, who will inlist to serve for the term of three years. 1

1 This was W. 12. in the Jefferson report, printed under June 17, p. 451, ante .

Resolved , That the resolutions passed yesterday, be enclosed to General Washington, and that he be desired to afford such assistance to the northern or Canada department, as he shall be enabled to do consistently with the safety of New York; and, from time to time, to give such directions as he may think expedient for the public service.

0069 484

A paragraph of a Letter from General Washington to one of the members, being laid before Congress, and read:

Resolved , That the same be referred to the Board of War and Ordnance.

Resolved , That the Secret Committee be directed to supply the Marine Committee with one ton of powder, for the use of the vessel which they were this morning empowered to purchase.

Resolved , That Michael Hillegas, Esq r . be empowered and directed to pay such sums of money as are or may be due to the several signers of continental bills of credit, for their services, agreeable to the resolve of Congress for that purpose.

The committee to whom ∥was referred∥ the petition of William Whiting, a soldier who was wounded in the continental army at Quebec, brought in their report, ∥which was read:∥ Whereupon,

Resolved , That the sum of twenty dollars be paid out of the public treasury to William Whiting, to enable him to return to his family at Norfolk, in Connecticut.

The committee on the treasury, to whom were referred the petition and accounts of Stephen Row Bradley, brought in their report: Whereupon,

Resolved , That there be paid to Stephen Row Bradley the sum of 691 ¼ dollars, for the service of himself and his company, from the 15 day of January to the 25th of February, during which time they were employed in the service of the continent.

The several matters to this day referred, being postponed,

Adjourned to 9 o'Clock to Morrow.

THURSDAY, JUNE 27, 1776

A letter from Governor Trumbull, of the 17th, and

A petition from Colonel John Brown,

A petition from William Holton, were read:

Resolved , That the petition of Colonel Brown be referred to the Committee appointed to enquire into the causes of the miscarriages in Canada: 1

1 The letter from Governor Trumbull is in the Papers of the Continental Congress , No. 66, I, folio 185. The petition of John Brown is in No. 153, II, folio 319, That of William Holton is in No. 42, III, folio 321. It is endorsed by Richard Peters: “28th. Read before Board of War and refd for further considn.”

That the petition from William Holton be referred to the Board of War and Ordnance.

Resolved , That an order for 24 dollars be drawn on the treasurers in favour of Major Bicker; he to be accountable.

Sundry letters from the southward, being received by express, were laid before Congress, and read, viz.

One from General Lee, dated Little River, 6 June, enclosing two letters, one from John Rutledge, Esq r . the other from General Armstrong to General Lee, dated Charleston, South Carolina, 4th of the same month, advising, that 51 sail of the enemy were arrived there, and lying in sight of the town:

One from Brigadier General Lewis, dated Williamsburgh, June the 18th, enclosing one from General Lee, of the 6th, to him: 2

2 This letter is in the Papers of the Continental Congress , No. 158, folio 69.

Resolved , That the said letters be referred to the Board of War and Ordnance:

The Congress took into consideration the letter from Governor Trumbull; and, after some debate,

Resolved , That the farther consideration thereof be postponed; and, in the mean while, that Governor 0071 486 Trumbull be desired to send to Congress, an account of the cannon left at New London by Commodore Hopkins, their number, size, bore and weight, and also an account of the other cannon there.

A letter from the commissioners for Indian affairs in the southern department, with sundry papers enclosed, was laid before Congress, and read.

The Board of War and Ordnance, to whom the paragraph of a letter from the General was referred, brought in their report, which was taken into consideration: Whereupon,

Resolved , That six companies of rifflemen, in addition to the three companies now at New York, be raised and the whole regimented; and that a commission be granted to Captain Stevenson, to be colonel of the regiment of rifflemen, which is to be inlisted for three years, unless sooner discharged by Congress; the men to be allowed a bounty of ten dollars; and that the eldest captain, Moses Rawlins from Maryland, lately of the riffle companies be made a lieutenant colonel, and the captain of the other riffle company, Otho Holland Williams, major:

That four companies of rifflemen, for the said regiment, be raised in Virginia, and two in Maryland, the pay of the men to commence from the time they shall be armed and mustered: their arms to be appraised by the committee of the county, and paid for by the United Colonies:

That General Washington be directed forthwith to send to this Congress a complete list of all the vacancies in the army, and the names of such officers as he can recommend for filling them.

The Committee of Claims reported, that there is due,

To Robert Erwin, waggon master, the sum of £90 11 9=241 51/90 dollars, a balance of three teams that went to North Carolina with powder;

0072 487

To Doctor Frederic Phile, for medicines and attendance on the 5th Pensylvania batallion, from the time of their embodying to the 13th of June, 1776, the sum of £199 14 3=532 51/90 dollars.

To John Bates, the sum of £25 10 1=68 dollars for camp kettles:

To Elizabeth Slaydon, the sum of £9=24 dollars, for nursing and boarding two soldiers, of which sum Captain Stewart is to be charged with £5 ∥=13 30/60 dollars,∥ it being for nursing and boarding the man he wounded in the state house yard; the remainder to the continent; and that the above £9 0 0 ∥=24 dollars∥ ought to be paid to Colonel Matlack:

To Rachel Hewen, the sum of £2=5 30/90 dollars, for nursing and boarding two soldiers of the continental army:

That there be repaid to Robert Moore the sum of seven dollars, which was stopped out of his pay by Captain M. Smith; the same having been by him expended for provisions, when he was left sick by his company in Canada:

Ordered , That the said accounts be paid.

Resolved , That the pay of Doctor Huston, who was appointed surgeon to the 5th Pensylvania batallion, be stopped till farther orders of Congress, and that the pay master be notified thereof.

The committee to whom it was referred to devise a mode of raising the German batallion, voted on the 25 of May last, brought in their report, which was taken into consideration: Whereupon,

Resolved , That four companies of Germans be raised in Pensylvania, and four companies in Maryland, to compose the said regiment [battalion]:

That it be recommended to the committee of safety of Pensylvania, immediately to appoint proper officers for, 0073 488 and direct the inlistment of, the four companies to be raised in that colony:

That it be recommended to the convention, or, in their recess, to the committee or council of safety of Maryland, immediately to appoint proper officers for, and direct the inlistment of, the four companies to be raised in that colony: 1

1 Printed in the Pennsylvania Gazette , 3 July, 1776.

That the said companies be inlisted to serve for three years, unless sooner discharged by Congress, and receive bounty, pay, rations, and all other allowances equal to any of the continental troops:

That the said companies be entitled to pay and subsistence from the time of inlistment: 2

2 On the original report the following sentence was inserted by John Hancock, but afterwards stricken out: “their being armed, their arms to be appraised by the Com ee . of the County in which they are raised, and paid for by the United Colonies”

That the said companies, when raised, be formed into a batallion, under the command of such field officers as the Congress shall appoint:

That the rank of the captains of the said companies be regulated as Congress shall hereafter direct:

That 5,000 dollars be sent to the committee of safety of Pensylvania, and 5,000 dollars to the convention, or, in their recess, to the committee of safety of Maryland, to defray the expence of raising the said companies. 3

3 This report, in the writing of Samuel Chase, is in the Papers of the Continental Congress , No. 21, folio 45.

Resolved , That it be recommended to the convention, or, in their recess, to the committee of safety of Maryland, to appoint the officers, and forward, with all possible expedition, the raising the two companies of rifflemen.

The several matters to this day referred, being postponed,

Adjourned to 9 o'Clock to Morrow.

FRIDAY, JUNE 28, 1776

The Committee of Claims, to whom was referred the petition and accounts of Thomas Thomson, report,

That there ought to be paid to Thomas Thomson the sum of 750 dollars, in part of an account for lumber, said to have been delivered by Simon Metcalf to the forces belonging to the continent, at St. John's, in Canada:

Ordered , that the said account be paid.

A petition from Colonel James Easton was presented to Congress and read:

Resolved , That the same be referred to the committee appointed to enquire into the causes of the miscarriages in Canada.

The Committee of Claims reported, that there is due,

To Thomas Mayberry, 117 29/90 dollars, for plated iron:

Resolved , That the said sum be paid.

A petition of William Poole was presented to Congress and read:

Resolved , That it be referred to the committee for making provision for wounded and disabled soldiers.

Francis Hopkinson, Esq r . one of the delegates for New Jersey, attended, and produced the credentials of their appointment, which were read, as follows, viz.

In Provincial Congress, New Jersey , Burlington, June 21 st , 1776 .

The Congress proceeded to the Election of Delegates to represent this Colony in Continental Congress, when Richard Stockton, Abraham Clark, John Hart, and Francis Hopkinson, Esqs. and Dr. John Witherspoon, were elected by Ballot, to serve for one Year, unless a new Appointment be made before that Time.

Resolved , That the following Instructions be given to the Delegates elected as aforesaid:

0075 490

To Richard Stockton, Abraham Clark, John Hart and Francis Hopkinson, Esquires, and the Reverend Dr. John Witherspoon, Delegates appointed to represent the Colony of New Jersey in Continental Congress :

The Congress empower and direct you, in the Name of this Colony, to join with the Delegates of the other Colonies in Continental Congress, in the most vigorous Measures for supporting the just Rights and Liberties of America; and, if you shall judge it necessary or expedient for this Purpose, we empower you to join with them in declaring the United Colonies independent of Great Britain, entering into a Confederacy for Union and common Defence, making Treaties with foreign Nations for Commerce and Assistance, and to take such other Measures as may appear to them and you necessary for these great Ends; promising to support them with the whole Force of this Province; always observing, that, whatever Plan of Confederacy you enter into, the Regulating the internal Police of this Province is to be reserved to the Colony Legislature. By Order of Congress.

Samuel Tucker , President .

Extract from the Minutes:

Wm. Paterson , Secretary .

In Provincial Congress, New Jersey , Burlington, June 22 d , 1776 .

Upon the Question, Whether one or more Delegates shall be a Quorum to represent this Province in Continental Congress, it was carried in Favour of one.

Extract from the Minutes. Wm. Paterson , Sec r .

The Board of War brought in a report, which was read in these words:

Monsieur Le chevalier de Kirmovan, having produced to the Board indubitable credentials of his good character and superior abilities in the art of war, and particularly as an engineer, the Board resolved to recommend him to Congress as a person who can be much confided in; and it is the opinion of the Board, that the committee of safety of Pensylvania be requested to employ him in planning and laying out the fortification agreed by Congress, to be erected at Billingsport, on the river Delaware.

0076 491

The said report being again read,

Resolved , That the same be agreed to.

Resolved , That Mr. [Francis] Hopkinson be added to the committee for preparing a plan of confederation.

Resolved , That the Secret Committee be directed to sell to the committee of Salem county, in New Jersey, 300 lbs. of powder.

The committee appointed to prepare a declaration, &c. brought in a draught, which was read:

Ordered , To lie on the table.

Declaration of Independence . 1

FIRST DRAFT

A Declaration by the Representatives of the United States of America in general Congress assembled.

When in the Course of human Events it becomes necessary for a People to advance from that Subordination, in which they have

REPORTED DRAFT

A Declaration by the Representatives of the United States of America, in General 2

2 In MS. A this word is in brackets.

Congress assembled.

When in the course of human events it becomes necessary for a one people to advance from that subordination in which they have

0077 492

hitherto remained and to assume among the Powers of the Earth, the equal and independent Station to which the Laws of Nature and of Nature's God entitle them, a decent Respect to the opinions of Mankind requires that they should declare the Causes, which impell them to the Change.

We hold these Truths to be self evident; that all Men are created equal and independent; that from that equal Creation they derive Rights inherent and unalienable; among which are the Preservation of Life, and Liberty, and the Pursuit of Happiness; that to secure these Ends, Governments are instituted among Men, deriving their just Powers from the Consent of the governed; that whenever, any form of Government, shall become destructive of these ends, it is the Right of the People to alter, or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall Seem most likely to effect their Safety and Happiness. Prudence indeed will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shown, that Mankind are more disposed

hitherto remained, & to dissolve the political bands which have connected them with other another and to assume among the powers of the earth the equal & independent separate and equal station to which the laws of nature & of nature's god entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the change the separation.

We hold these truths to be sacred & undeniable self-evident; that all men are created equal, & independent; that from that equal creation they derive in they are endowed by their creator with equal rights some of which are certain [inherent &] inalienable rights; that among which these are the preservation of life, & liberty, & the pursuit of happiness; that to secure these ends rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government shall becomes destructive of these ends, it is the right of the people to alter or to abolish it, & to institute new government, laying it's foundation on such principles & organising it's powers in such form, as to them shall seem most likely to effect their safety & happiness, prudence indeed will dictate that governments long established should

0078 493

to Suffer, while Evils are Sufferable, than to right themselves, by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, begun at a distinguish'd Period, and pursuing invariably, the same object, evinces a Design to reduce them under absolute Power, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity, which constrains them to expunge their former Systems of Government.

The History of his present Majesty, is a History of unremitting Injuries and Usurpations, among which no one Fact stands Single or Solitary to contradict the uniform Tenor of the rest, all of which have in direct object, the Establishment of an absolute Tyranny over these States. To prove this, let Facts be Submitted to a candid World, for the Truth of which We pledge a Faith, as yet unsullied by falsehood.

not be changed for light & transient causes: and accordingly all experience hath shewn that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. but when a long train of abuses & usurpations, [begun at a distinguished period, &] pursuing invariably the same object, evinces a design to subject reduce them to arbitrary power , under absolute Despotism, 1

1 Against these three words Jefferson has written “Dr. Franklin's hand writing,” but the insertion appears to have been made by Jefferson himself.

it is their right, it is their duty, to throw off such government & to provide new guards for their future security. such has been the patient sufferance of these colonies; & such is now the necessity which constrains them to [expunge] alter their former systems of government. the history of his the present Majesty King of Great Britain, 2

2 Against these four words Jefferson has written: “Mr. Adams's hand writing.”

is a history of [unremitting] repeated injuries and usurpations, [among which no one fact stands single or solitary appears no solitary fact to contradict the uniform tenor of the rest, all of which [have] but] all having in direct object the establishment of an absolute tyranny over these states. to prove this let facts be submitted to a candid world, [for the truth of which we pledge a faith yet unsullied by falsehood.]

0079 494

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their operation, till his Assent should be obtained; and when so suspended he has neglected utterly to attend to them.

He has refused to pass other Laws for the accommodation of large Districts of People, unless those People would relinquish the Right of Representation in the Legislature, a Right inestimable to them, and formidable to Tyrants only.

He has dissolved Representative Houses, repeatedly, and continually, for opposing with manly Firmness his Invasions on the Rights of the People.

He has refused, for a long Space of Time after such Dissolutions, to cause others to be elected, whereby the legislative Powers, incapable of annihilation, have returned to the People at large for their Exercise, the state remaining in the mean time, exposed to

he has refused his assent to laws the most wholesome and necessary for the public good:

he has forbidden his governors to pass laws of immediate & pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected utterly to attend to them.

he has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, & formidable to tyrants only:

he has called together legislative bodies at places unusual, uncomfortable, & distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures:

he has dissolved Representative houses repeatedly [& continually] for opposing with manly firmness his invasions on the rights of the people:

when dissolved he has refused for a long space of time time after such Dissolutions 1

1 Against these four words Jefferson has written “Mr. Adams.”

to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise, the state remaining in the mean time

0080 495

all the Dangers of Invasion, from without, and Convulsions within.

He has endeavoured to prevent the Population of these States; for that purpose obstructing the Laws for naturalization of foreigners; refusing to pass others to encourage their Migrations hither; and raising the Conditions of new Appropriations of Lands.

He has suffered the Administration of Justice totally to cease in some of these Colonies, refusing his Assent to Laws for establishing Judiciary Powers.

He has made our Judges dependent on his Will alone, for the Tenure of their offices, and amount of their Salaries:

He has created a Multitude of new offices by a Self-assumed Power, and sent hither swarms of officers to harrass our People and eat out their Substance.

He has kept among us, in Times of Peace, Standing Armies and Ships of War.

He has affected to render the military, independent of, and Superiour to, the civil Power.

He has combined with others to

exposed to all the dangers of invasion from without, & convulsions within:

he has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migrations hither; & raising the conditions of new appropriations of lands:

he has [suffered] obstructed the administration of justice [totally to cease in some of these colonies states,] by refusing his assent to laws for establishing judiciary powers:

he has made [our] judges dependant on his will alone, for the tenure of their offices, and the amount & payment 1

1 Against these words Jefferson has written “Dr. Franklin.”

of their salaries:

he has erected a multitude of new offices [by a self-assumed power,] & sent hither swarms of 2

2 MS. A reads “new officers.”

officers to harrass our people & eat out their substance:

he has kept among us in times although our Conduct 3

3 These words were in the writing of John Adams.

standing armies [£ ships of war] without the consent of our Legislatures:

he has affected to render the military, independent of & superior to the civil power:

he has combined with others to

0081 496

subject us to a Jurisdiction foreign to our Constitution and unacknowledged by our Laws; giving his Assent to their pretended Acts of Legislation; for quartering large Bodies of armed Troops among us; for protecting them by a Mock Tryal from Punishment for any Murders they should commit on the Inhabitants of these States; for cutting off our Trade with all Parts of the World; for imposing Taxes on us without our Consent; for depriving Us of the Benefits of Trial by Jury; for transporting us beyond Seas to be tried for pretended offenses; for taking away our Charters, and altering fundamentally the Forms of our Government; for suspending our own Legislatures and declaring themselves invested with Power to legislate for us in all Cases whatsoever.

subject us to a jurisdiction foreign to our constitutions and unacknowledged by our laws; giving his assent to their acts of pretended acts of legislation, for quartering large bodies of armed troops among us;

for protecting them by a mock-trial from punishment for any murders which they should commit on the inhabitants of these states;

for cutting off our trade with all parts of the world;

for imposing taxes on us without our consent;

for depriving us in many cases 1

1 MS. B. omits these three words.

of the benefits of trial by jury;

for transporting us beyond seas to be tried for pretended offences;

for abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government and enlarging it's boundaries so as to render it at once an example & fit instrument for introducing the same absolute rule into these colonies [states] colonies;

for taking away our charters, abolishing our most important valuable Laws, 2

2 Against this phrase Jefferson has written “Dr. Franklin,”

and altering fundamentally the forms of our governments,

for suspending our own legislatures and declaring themselves invested with power to legislate for us in all cases whatsoever:

0082 497

He has abdicated Government here, withdrawing his Governors, and declaring us, out of his Allegiance and Protection.

He has plundered our Seas, ravaged our Coasts, burnt our towns, and destroyed the Lives of our People.

He is at this Time transporting large Armies of foreign Mercenaries to complete the Works of death, Desolation, and Tyranny, already begun with Circumstances of Cruelty and Perfidy unworthy the Head of a civilized Nation.

He has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare is an undistinguished Destruction of all Ages, Sexes, and Conditions of existence.

He has incited treasonable Insurrections of our Fellow Citizens, with the allurement of Forfeiture and Confiscation of our Property.

he has abdicated government here, [withdrawing his governors, & declaring us out of his allegiance & protection:] by declaring us out of his protection & waging war against us. 1

1 MS. B. omits the words “and waging war against us.”

he has plundered our seas, ravaged our coasts, burnt our towns & destroyed the lives of our people:

he is at this time transporting large armies of Scotch and other foreign mercenaries to compleat the works of death desolation and tyranny already begun with circumstances of cruelty & perfidy scarcely paralleled in the most barbarous ages and totally unworthy the head of a civilized nation:

he has constrained &c. 2

2 Probably a note of insertion for locating in the final from the paragraph given below. MS. A gives the final order of paragraphs, while MS. B. follows the earlier arrangement.

he has excited domestic insurrections amongst us and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, & conditions [of existence:]

[he has incited treasonable insurrections of our fellow-citizens, with the allurements of forfeiture & confiscation of our property:

He has constrained others, 3

3 MS. A reads “our fellow citizens.”

falling into his hands taken captive

0083 498

He has waged cruel War against human Nature itself, violating its most sacred Rights of Life and Liberty in the Persons of a distant People who never offended him, captivating and carrying them into Slavery in another Hemisphere, or to incur miserable Death, in their Transportation thither. This piratical Warfare, the opprobrium of infidel Powers, is the Warfare of the Christian King of Great Britain.

He has prostituted his Negative for Suppressing every legislative Attempt to prohibit or to restrain an execrable Commerce, determined to keep open a Markett where Men should be bought and sold. and that this assemblage of Horrors might want no Fact of distinguished Die

He is now exciting those very People to rise in Arms among us, and to purchase their Liberty of which he has deprived them, by murdering the People upon whom he also obtruded them: thus paying off, former Crimes committed against the Liberties of one People with Crimes which he urges them to commit against the Lives of another.

on the high seas to bear arms against their country, & to destroy & be destroyed by the brethren whom they love, to become the executioners of their friends & brethren, or to fall themselves by their hands:

he has waged cruel war against human nature itself, violating it's most sacred rights of life & liberty in the persons of a distant people, who never offended him, captivating & carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither, this piratical warfare, the opprobrium of infidel powers, is the warfare of the Christian king of Great Britain determined to keep open a market where MEN should be bought & sold, and he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce determining to keep open a market where MEN should be bought and sold : and that this assemblage of horrors might want no fact of distinguished dye, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people upon whom he also obtruded them: thus paying off former crimes committed against the liberties of one people, with crimes which he urges them to commit against the lives of another.]

0084 499

In every stage of these oppressions we have petitioned for redress, in the most humble Terms; our repeated Petitions have been answered by repeated Injury. A Prince, whose Character is thus marked by every Act which may define a Tyrant, is unfit to be the Ruler of a People who mean to be free. future ages will scarce believe, that the Hardiness of one Man, adventured, within the Short Compass of twelve years only, on so many Acts of Tyranny, without a Mask, over a People, fostered and fixed in the Principles of Liberty.

Nor have we been wanting in Attentions to our British Brethren. We have warned them from Time to Time of attempts of their Legislature to extend a Jurisdiction over these our States. We have reminded them of the Circumstances of our Emigration and Settlement here, no one of which could warrant so strange a Pretension. That these were effected at the expense of our own Blood and Treasure, unassisted by the Wealth or the Strength of Great Britain; that in constituting indeed, our Several Forms of Government,

in every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only 1

1 Against this word Jefferson has written “Dr. Franklin.”

by repeated injuries. 2

2 MS. B. reads “injury.”

a prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people [who mean to be free. future ages will scarce 3

3 MS. A. reads “scarcely.”

believe that the hardiness audacity of one man adventured within the short compass of twelve years only, on so many acts of tyranny without a mask to lay build a foundation, so broad & undisguised, 4

4 MS. A. reads “so undisguised.”

for tyranny over a people fostered & fixed in principles of liberty freedom.]

Nor have we been wanting in attentions to our British brethren. we have warned them from time to time of attempts by their legislature to extend a 5

5 This word should have been stricken out.

an unwarrantable jurisdiction over [these our states] us. we have reminded them of the circumstances of our emigration & settlement here, [no one of which could warrant so strange a pretension: that these were effected at the expence of our own blood & treasure, unassisted by the wealth or the strength of Great Britain: that in constituting indeed our several

0085 500

we had adopted one common King, thereby laying a Foundation for Perpetual League and Amity with them; but that Submission to their Parliament, was no Part of our Constitution, nor ever in Idea, if History may be credited; and we appealed to their Native Justice and Magnanimity, as well as to the Ties of our common Kindred to disavow these usurpations, which were likely to interrupt our Correspondence and Connection. They too have been deaf to the Voice of Justice and of Consanguinity, and when occasions have been given them by the regular Course of their Laws of removing from their Councils, the Disturbers of our Harmony, they have by their free Election, re-established them in Power. At this very Time too, they are permitting their Chief Magistrate to send over not only soldiers of our common Blood, but Scotch and foreign Mercenaries, to invade and deluge us in Blood. These Facts have given the last Stab to agonizing affection, and manly Spirit bids us to renounce forever these unfeeling Brethren. We must endeavour to forget our former Love for them, and to hold them, as we hold the rest of Mankind, enemies in War, in Peace Friends. We might have been a free and a great People together

forms of government, we had adopted one common king, thereby laying a foundation for perpetual league & amity with them: but that submission to their parliament was no part of our constitution, nor ever in idea if history may be credited: and] we have appealed to their native justice & magnanimity, [as well as to] & we have conjured them by the ties of our common kindred to disavow these usurpations which [were likely to] would inevitably interrupt our connection & correspondence & connection . they too have been deaf to the voice of justice & of consanguinity, [& when occasions have been given them, by the regular course of their laws, of removing from their councils the disturbers of our harmony, they have by their free election re-established them in power, at this very time too they are permitting their chief magistrate to send over not only soldiers of our common blood, but Scotch & foreign mercenaries, to invade & deluge us in blood destroy us. 1

1 Against these two words Jefferson has written “Dr. Franklin.”

these facts have given the last stab to agonizing affection, and manly spirit bids us to renounce for ever these unfeeling brethren, we must endeavor to forget our former love for them, and to hold them as we hold the rest of mankind, enemies in war, in peace friends, we might have

0086 501

but a Communication of Grandeur and of Freedom it seems is below their Dignity. Be it so, since they will have it: The Road to Happiness and to Glory is open to us too; we will climb it, apart from them, and acquiesce in the Necessity which denounces our eternal Separation.

We therefore the representatives of the United States of America in General Congress assembled, do, in the Name, and by the Authority of the good People of these States, reject and renounce all Allegiance and Subjection to the Kings of Great Britain, and all others, who may hereafter claim by, through, or under them; we utterly dissolve and break off, all political Connection which may have heretofore subsisted between us and the People or Parliament of Great Britain, and finally we do assert and declare these Colonies to be free and independent States, and that as free and independent States they shall hereafter have Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other

been a free & a great people together; but a communication of grandeur & of freedom it seems is below their dignity. be it so since they will have it: the road to glory & happiness & to glory is open to us too; we will climb must tread it in a separately state apart from them, and] we must therefore acquiesce in the necessity which pro denounces our everlasting Adicu! [ eternal ] separation, and hold them as we hold the rest of mankind enemies in war, in peace friends!

We therefore the representatives of the United States of America in General Congress assembled appealing to the supreme judge of the world for the rectitude of our intentions do in the name & by authority of the good people of these [states] colonies, [reject and renounce all allegiance & subjection to the kings of Great Britain 1

1 Against this paragraph Jefferson wrote “a different phraseology inserted.”

& all others who may hereafter claim by, through, or under them; we utterly dissolve & break off all political connection which may have heretofore have subsisted between us & the people or parliament 2

2 MS. B. reads “parliament or people.”

of Great Britain; and finally we do assert and declare these colonies to be free and independent states, and that as free & independent states, they shall

0087 502

Acts and Things which independent States may of Right do. And for the Support of this Declaration, we mutually pledge to each other our Lives, our Fortunes, and our Sacred Honour.

hereafter have full power to levy war conclude peace, contract alliances, establish commerce, & to do all other acts and things which independant states may of right do. And for the support of this declaration] we mutually pledge to each other our lives, our fortunes, & our sacred honour.

1 The “first draft” is from a manuscript in the writing of John Adams, among the Adams Papers, as printed in the Writings of Thomas Jefferson (Ford), II, 42. It probably represents the original form of the paper, but the capitalization is Adams's, not Jefferson's. The “second draft” is from the manuscript in the Department of State, which has been reproduced many times in facsimile. I have given the text of this manuscript in full, showing the changes made during its consideration in committee and in Congress. In notes I give the mere important differences to be found in copies of the Declaration which Jefferson prepared for his friends. That in the Madison collection is called “MS. A,” and that in the Emmet collection is called “MS. B.” The latter was probably intended to be a copy of the first form in which the Declaration left Jefferson's hand, and should be like the Adams manuscript. Differences exist, however, and only a definite statement from Jefferson could indicate the time at which this MS. B. was prepared. MS. A was doubtless prepared at a later period, being embodied in the notes of debates in the Congress of 1776, prepared for Madison by Jefferson, “as a copy from his original notes.” These original notes are in the Jefferson Manuscripts in the Library of Congress, 5th Series, III. Jefferson says that words with a “black line under them were struck out by Congress”—here distinguished by [].

A petition from Christopher Champlin was presented to Congress and read:

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

The members chosen, Mr. [Robert] Morris, Mr. [John] Alsop, and Mr. [Elbridge] Gerry.

Resolved , That Mr. [Henry] Wisner, Mr. [Robert Treat] Paine, and Mr. [William] Floyd be a committee to confer with Anthony Mosengeil, on the subject of manufacturing sulphur:

That 30 dollars be advanced to said committee, they to be accountable.

Resolved , That the treasurers be empowered to advance to the committee of safety of Pensylvania a sum not exceeding 100,000 dollars; the colony of Pensylvania to be accountable.

Resolved , That the committee for superintending the treasury, be directed to nominate and appoint six persons to sign and number the million of dollars ordered to be struck in small change.

The several matters to this day referred, being postponed,

Adjourned to 9 o'Clock on Monday next.

MONDAY, JULY 1, 1776

Sundry letters were laid before Congress and read, viz.

One from General Washington, June 27, 1776, accompanied with one from General Ward, of the 20 of same month, to General Washington

One from General Schuyler, 25 June, to do.

One from General Arnold, 25 June, ” ”

One from General Sullivan to General Schuyler

3 to General Sullivan viz:

One from General Arnold, Chamble, June 13,

One from Lieut Colonel Antill, June 13,

And, one from Colonel Hazen, June 13;

Another letter from General Washington of the 28 June, enclosing sundry papers:

A third letter from General Washington of the 27th, by an Officer who attended to guard Major Rodgers to Philadelphia.

A Letter from the Convention of New Jersey, of the 29th June, and also, from Mr. Tucker, enclosing a letter from two prisoners at Burlington:

A letter from the convention of New Hampshire 17 June: 1

1 These letters of Washington are in the Papers of the Continental Congress , No. 152, II, folios 103, 115, 123. Two of them are printed in Writings of Washington (Ford), IV, 181, 184. The following locations are to be noted: Schuyler [June 19], in No. 153, II, folio 218; Sullivan [June 19], in No. 153, II, folio 214; Antill, in No. 78, I, folio 5; Hazen, in No. 78, XI, folio 61; New Jersey convention in No. 68, folio 155; Tucker, in No. 78, XXII, folio 63; New Hampshire convention, in No. 64, folio 9.

A letter from Brigadier General Lewis from Williamsburg, June 17, with some memorandums from Brigadier H. Mercer:

A letter from B[enjamin] Harrison, jun. deputy pay master general of the southern department, with a return of his account to the 22d June.

0089 504

Resolved , That an order for 6,000 dollars be drawn on the treasurers, in favour of Mr. Richard Graham, of Virginia, in full of a draught in his favour of the 20th of June, by Brigadier General Lewis; and that the same be charged to the account of the [Benjamin Harrison,] deputy pay master general for the southern department.

A resolution of the convention of Maryland, of the 28 June, was also laid before Congress and read, wherein it is resolved:

In Convention , 23 June 1776.

Resolved, Unanimously , That the Instructions given by the Convention December last, (and renewed by the Convention in May,) to the Deputies of this Colony in Congress, be recalled, and the Restrictions therein contained, removed; and that the Deputies of this Colony, attending in Congress, or a Majority of them or of any three or more of them, be authorized and empowered to concur with the other United Colonies, or a Majority of them, in declaring the United Colonies free and independent States; in forming such further Compact and Confederation between them; in making foreign Alliances, and in adopting such other Measures as shall be adjudged necessary for securing the Liberties of America; and this Colony will hold itself bound, by the Resolutions of a Majority of the United Colonies, in the Premises; Provided, the sole and exclusive Right of regulating the internal Government and Police of this Colony be reserved to the People thereof.

Extract from the Minutes,

G. Duvall , Clerk .

The order of the day being read,

Resolved , That this Congress will resolve itself into a committee of the whole, to take into consideration the resolution respecting independency:

Resolved , That the Declaration be referred to said committee.

The Congress resolved itself into a committee of the whole, ∥After some time,∥ the president resumed the chair. Mr. [Benjamin] Harrison reported, that the committee have had under consideration the matters referred 0090 505 to them, and have agreed to the resolution, which they ordered him to report, and desired him to move for leave to sit again. 1

1 A letter from the Provincial Congress of New York to the New York Delegates, dated June 11, against their authority to vote for independence, was read before the Congress in Committee of the Whole. The letter is in the Papers of the Continental Congress , No. 67, I, folio 228.

The vote of the Maryland Convention was laid before Congress this day, “just as we were entering on the great debate; that debate took up most of the day, but it was an idle mispense of time, for nothing was said but what had been repeated and hackneyed in that room before a hundred times for six months past. In the Committee of the Whole, the question was carried in the affirmative, and reported to the House. A Colony desired it to be postponed until to morrow, when it will pass by a great majority, perhaps with almost unanimity; yet I cannot promise this, because one or two gentlemen may possibly be found who will vote point blank against the known and declared sense of their constituents.” John Adams to Samuel Chase , 1 July, 1776.

“I am told that Maryland insists upon one of our delegates having in a manner promised when the point of declaring independence was in debate, that the back lands should be a fund for supporting the war. I have [heard] that a rhetorical expression to that purpose was used by a gentleman on that occasion. [But we] can balance that that account at least bye very serious question more in point, debated in Congress in 1775, when the delegates from Pennsylvania and Virginia proposed that a garrison of 400 men be raised and kept at common expense at Pittsburg to awe the Indians. It was warmly opposed from Maryland upon this ground, that it was a [scheme] of those two States merely to guard their own frontiers in which the others were not concerned, and therefore the expense must be incurred by the former. Their objections prevailed, the motion was rejected, and the two States raised the 200 men [each for] that service soon afterwards.” Edmund Pendleton to James Madison, 25 September, 1780 .

The resolution agreed to by committee of the whole being read, the determination thereof was postponed, at the request of a colony, till to morrow.

Resolved , That a Brigadier General, acting in a separate department, be allowed an aid de camp.

A letter of the 29 from General Washington was laid before Congress and read. 2

2 This letter is in the Papers of the Continental Congress , No. 152, II, folio 135. It is printed in Writings of Washington (Ford), IV, 194.

Resolved , That the letters this day received, be referred to the Board of War.

Resolved , That this Congress will, to Morrow, resolve 0091 506 itself into a committee of the whole, to take into their farther consideration the declaration respecting independence.

Adjourned to 9 o'Clock to Morrow.

TUESDAY, JULY 2, 1776

Sundry letters were laid before Congress, and read, viz:

One from General Washington, of the 30 of June, enclosing an extract of a letter from General Ward, of the 23d of said month; a copy of a letter of the 19th from Lieutenant Colonel Campbell to General Howe; a copy of an anonymous letter dated Watertown, 21 of the same month: 1

1 This letter is in the Papers of the Continental Congress , No. 152, II, folio 139. It is printed in the Writings of Washington (Ford), IV, 196. The copy of Campbell's letter is not with it.

One from the council of Massachusetts bay 2 of the 26th: and

2 The letter from the Council of Massachusetts Bay is in the Papers the Continental Congress, No. 65, I, folio 89. That of Governor Trumbull is in No. 66, I, folio 189.

One from Governor Trumbull of the 20th of the same month.

A letter from the pay master general, with a return of his weekly account:

Ordered , That the last with the weekly account be delivered to Board of Treasury:

Ordered , That the letter from Lieutenant Colonel Campbell to General Howe, be published:

Resolved , That the other letters be referred to the Board of War and Ordnance.

The Congress resumed the consideration of the resolution agreed to by and reported from the committee of 0092 507 the whole; and the same being read, was agreed to as follows:

Resolved , That these United Colonies are, and, of right, ought to be, Free and Independent States; that they are absolved from all allegiance to the British crown, and that all political connexion between them, and the state of Great Britain, is, and ought to be, totally dissolved. 1

1 This report, in the writing of Charles Thomson. is in the Papers of the Continental Congress , No. 23, folio 17.

Agreeable to the order of the day, the Congress resolved itself into a committee of the whole; ∥and, after some time,∥ the president resumed the chair. Mr. [Benjamin] Harrison reported, that the committee have had under consideration the declaration to them referred; but, not having had time to go through ∥the same,∥ desired leave to sit again:

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration the declaration on independence.

The Congress being informed, that, in obedience to their order, Captain Whipple and Captain Saltonstal were come to Philadelphia; Whereupon,

Resolved , That the Marine Committee be directed to enquire into the complaints exhibited against them, and report to Congress.

∥Adjourned to 9 o'Clock to Morrow.∥

WEDNESDAY, JULY 3, 1776

A letter from the convention of New Jersey, dated 2 July; and a letter from the commissioners of Indian affairs in the southern department, dated Augusta, 21 May, together with an account of their expences, and the minutes 0093 508 of their conference with the Indians in that department, ∥were laid before Congress, and read:∥ 1

1 The letter from the Convention [Provincial Congress] of knew Jersey is in the Papers of the Continental Congress , No. 68, folio 161.

Resolved , That the account of the commissioners be referred to the Board of treasury.

The Congress took into consideration the letter from the convention of New Jersey; Whereupon,

Resolved , That the committee of safety of Pensylvania be requested to send as many of the troops of their colony as they can spare, to Monmouth county, in New Jersey, to the assistance of the inhabitants of that colony, and to be subject to the orders of the commander in chief; the said troops to be allowed the same pay and rations as the troops in the service of the continent, from the time of their march until they return:

Resolved , That a circular letter be written to the committees of inspection of the several counties in Pennsylvania, where troops are raised, or raising, to form the flying camp, requesting them to send the troops by batallions, or detachments of batallions, or companies, as fast as raised, to the city of Philadelphia, except those raised in the counties of Bucks, Berks, and Northampton, which are to be directed to repair, as aforesaid, to New Brunswick, in New Jersey:

Resolved , That a copy of the foregoing resolutions be sent to General Washington, and that he be directed to appoint a proper officer to the command of the flying camp, and also direct proper persons to supply the men with rations.

Resolved , That the Marine Committee be empowered to contract with shipwrights, to go to Lake Champlain, on the following terms: To allow each man at the rate of 34 dollars and two-thirds 0094 509 per month; one month's pay to be advanced, upon their giving security, if required:

Each man to be allowed, one ration and a half, and one half pint of rum, a day:

Their tools and arms to be valued:

Two-thirds of their wages to be paid, monthly, to whomever they shall leave the power of receiving it:

Their pay to commence from the day they sign articles, and continue until they are discharged, with an allowance of one day's pay for every twenty miles, between the place where discharged, and their respective homes.

Resolved , That Dr. [Benjamin] Franklin and Mr. [James] Wilson, two of the commissioners for Indian affairs in the middle department, be authorized to discharge the bills drawn by Mr. Morgan on the commissioners of that department.

Agreeable to the order of the day, the Congress resolved itself into a committee of the whole, to take into their farther consideration, the Declaration; ∥and, after some time,∥ the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee, not having finished, desired leave to sit again.

Resolved , That this Congress will, to morrow, resolve itself into a committee of the whole, to take into their farther consideration, the Declaration.

Adjourned to 9 o'Clock to Morrow.

THURSDAY, JULY 4, 1776

Resolved , That an application be made to the committee of safety of Pensylvania for a supply of flints for the troops at New York: and that the colony of Maryland and Delaware be requested to embody their militia for the flying camp, with all expedition, and to march them, without delay, to the city of Philadelphia.

0095 510

Agreeable to the order of the day, the Congress resolved itself into a committee of the whole, to take into their farther consideration, the declaration; ¶and, after some time,∥ the president resumed the chair. Mr. [Benjamin] Harrison reported, that the committee of the whole Congress have agreed to a Declaration, which he delivered in.

The Declaration being again read, was agreed to as follows:

The unanimous Declaration of the thirteen United States of America .

When , in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these, are Life, Liberty, and the pursuit of Happiness. That, to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed. That, whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such Principles, and organizing its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shewn, that 0096 511 mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But, when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of People, unless those People would relinquish the right of Representation in the legislature; a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole Purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the People.

0097 512

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the Population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our People, and eat out their substance.

He has kept among us, in times of Peace, Standing Armies, without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

0098 513

For depriving us, in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring province, establishing therein an Arbitrary government, and enlarging its Boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with Power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his protection, and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the Lives of our People.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens, taken Captive on the high Seas, to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions, We have Petitioned for Redress, in the most humble terms: Our 0099 514 repeated Petitions, have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred, to disavow these usurpations, which, would inevitably interrupt our connexions and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore , the Representatives of the united States of America , in General Congress assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, Do, in the Name, and by Authority of the good People of these Colonies, solemnly PUBLISH and DECLARE, That these United Colonies are, and of Right, ought to be Free and Independent States ; that they are Absolved from all Allegiance to the British Crown, and that all political connexion between them and the State of Great Britain, is and ought to be totally dissolved; and that, as Free and Independent States , they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge 0100 515 to each other our Lives, our Fortunes, and our sacred Honour.

∥The foregoing declaration was, by order of Congress, engrossed, and signed by the following members:∥ 1

1 The text used is that of the engrossed original in the Department of State.

John Hancock .

Josiah Bartlett .

W M Whipple .

Sam l Adams .

John Adams .

Rob t Treat Paine .

Elbridge Gerry .

Steph. Hopkins .

William Ellery .

Roger Sherman .

Samy el Huntington .

W m Williams .

Oliver Wolcott .

Matthew Thornton .

W m Floyd .

Phil Livingston .

Fran s Lewis .

Lewis Morris .

Rich d Stockton .

Jno Witherspoon .

Fran S Hopkinson .

John Hart .

Abra Clark .

Rob t Morris .

Benjamin Rush .

Benj a Franklin .

John Morton .

Geo Clymer .

Ja s Smith .

Geo. Taylor .

James Wilson .

Geo. Ross .

Cæsar Rodney .

Geo Read .

Thos M: Kean .

Samuel Chase .

W m Paca .

Tho s Stone .

Charles Carroll of Carrollton.

George Wythe .

Richard HenryLee .

Th. Jefferson .

Benj a Harrison .

Tho s Nelson, Jr.

Francis Lightfoot Lee .

Carter Braxton .

W M Hooper .

Joseph Hewes .

John Penn .

Edward Rutledge .

Tho s Heyward, Jun r .

Thomas Lynch, Jun r .

Arthur Middleton .

Button Gwinnett .

Lyman Hall .

Geo Walton .

0101 516

Ordered , That the declaration be authenticated and printed.

That the committee appointed to prepare the declaration, superintend and correct the press.

That copies of the declaration be sent to the several assemblies, conventions and committees, or councils of safety, and to the several commanding officers of the continental troops; that it be proclaimed in each of the United States, and at the head of the army. 1

1 “A determined resolution of the Delegates from some of the Colonies to push the question of Independency has had a most happy effect, and after a day's debate, all the Colonies, except New York, whose Delegates are not empowered to give either an affirmative or negative voice, united in a declaration long sought for, solicited, and necessary—the Declaration of Independency.” Elbridge Gerry to General Warren , 5 July, 1776.

The Declaration was printed in the Pennsylvania Evening Post , 6 July, 1776, and in the Pennsylvania Gazette , 10 July, 1776. See the Bibliographical Notes at the end of this year.

Ordered , That Mr. [Robert] Morris and Mr. [Joseph] Hewes determine the hire of Mr. Walker's vessel, which was employed by Commodore Hopkins in the service of the continent.

A Letter from General Washington, dated New York, July 3d, was laid before Congress, and read: 2

2 This letter is in the Papers of the Continental Congress , No. 152, II, folio 149. It is printed in Writings of Washington (Ford), IV, 200.

Resolved , That the delegates of New York, New Jersey and Pennsylvania, be a committee to confer with the committee of safety of Pennsylvania, and committee of inspection of [and observation for] the city and liberties of Philadelphia, and the field officers of the batallions of the said city and liberties, on the best means of defending the colonies of New Jersey and Pennsylvania; and that they be empowered to send expresses where necessary:

That the Secret Committee be instructed to order the flints belonging to the continent, and now at Rhode Island, to be sent to the general at New York.

0102 517

Resolved , That Mr. [Henry] Wisner be empowered to send a man, at the public expence, to Orange county, for a sample of flint stone.

The Congress proceeded to the appointment of two commissioners for Indian affairs in the middle department; and, the ballots being taken,

Jasper Yeates and John Montgomery, Esqrs. were elected.

That Dr. [Benjamin] Franklin and Mr. [James] Wilson are desired to inform the above gentlemen of their appointment, and desire them to attend the treaty with the Indians at Pittsburg, on the day appointed; They are farther desired to appoint some persons to procure goods necessary for the Indians.

Resolved , That to morrow be assigned for filling up the vacancies in the committee for Indian affairs.

That the president be empowered to employ another ∥private∥ secretary.

Resolved , That the Board of War be empowered to employ such a number of persons, as they shall find necessary, to manufacture flints for the continent; and, for this purpose, to apply to the respective assemblies, conventions and councils, or committees of safety of the United American States, or committees of Inspection of the counties and towns thereunto belonging, for the names and places of abode of persons skilled in the manufactory aforesaid, and of the places, in their respective states, where the best flint stones are to be obtained, with samples of the same. 1

1 Printed in the Pennsylvania Gazette , 10 July, 1776.

Resolved , That an order for 27/=54/90ths dollars, be drawn on the treasurers, in favour of the express, who brought despatches from Trenton.

Resolved , That Dr. [Benjamin] Franklin, Mr. J[ohn] Adams and Mr. [Thomas] Jefferson, be a committee, to 0103 518 bring in a device for a seal for the United States of America.

Resolved , That the Secret Committee be instructed to sell 25 lb. of powder to John Garrison, of North Carolina.

Adjourned to 9 o'Clock to Morrow.

FRIDAY, JULY 5, 1776

A letter from Captain Crawford, a prisoner of the 26th regiment, was read, requesting leave to visit the prisoners in the several places where they are confined:

Resolved , That, in the present situation of affairs, such leave be not granted.

The committee on ways and means, brought in a report, which was read:

Ordered , To lie on the table.

The accounts and vouchers of Mr. Price being laid before Congress,

Resolved , That the same be referred for adjustment to the Board of Treasury.

The Board of War brought in a report: Whereupon,

Resolved , That a regiment be raised out of the officers who served in Canada, on the same terms on which the regiment, to be commanded by Colonel Dubois, is to be raised; and that the following persons be appointed officers of the said regiment:

Seth Warner, colonel:

Samuel Safford, lieutenant colonel:

Elisha Painter, major:

Wait Hopkins, John Grant, Gideon Brownson, Abiather Angel, Simeon Smith, Joshua Stanton, [Abner] Seely, Jacob Vorsboroug, captains; John Allen, [John] Fusset [Fassett, Jr.], [Ebenezer] Walbridge, [William] Deane, 0104 519 James Gold,—Sill Fbenezer Hide, Gamaliel Painter, first lieutenants;

Ebenezer Beaumont, adjutant.

Resolved , That the president write to Governor Cooke, requesting him to order fifty ship carpenters to be engaged, on the best terms, at the expence of the continent, and sent to General Schuyler at Albany, as soon as possible, in order to build vessels for the defence of the lakes.

The committee of Congress, appointed to confer with the committee of safety of Pennsylvania, and the committee of inspection and observation for the city and liberties of Philadelphia, and the field officers of the five batallions of the said city, on the 5th day of July, their report was read, Whereupon reported, that they have met ∥had a meeting with the committees and officers aforesaid,∥ and have agreed to the following resolutions, viz.

That all the associated militia of Pennsylvania, (excepting the counties of Westmoreland, Bedford and Northumberland) who can be furnished with arms and accoutrements, be forthwith requested to march, with the utmost expedition, to Trenton, (except the militia for Northampton county, who are to march directly for New Brunswick) in New Jersey; and that the said militia continue in service, until the flying camp, of ten thousand men, can be collected to relieve them, unless they shall be sooner discharged by Congress:

That the militia march by companies to the place of rendezvous:

That the said militia be taken into continental pay, and receive the same pay, allowances and rations, with the continental troops, from the time they begin their march, until they return to their respective homes:

0105 520

That those of the three batallions of the Pennsylvania troops, now remaining in the province State, be ordered to march immediately for New Brunswick, in New Jersey:

That the committee of safety of Pennsylvania provide as many tents as they can for the said militia:

That the committees of inspection and observation, in the several counties, furnish a good kettle to every six men, and give all the assistance in their power, that the said militia be well armed and equipped, and march with the greatest expedition: 1

1 To this point the resolutions were based upon the report of the conference signed by Thomas McKean, chairman. The next two paragraphs were prepared in Congress. The resolutions were printed in the Pennsylvania Gazette , 10 July, 1776.

That the committees of inspection for the several counties of Pennsylvania, be desired to order such troops as they may raise for the flying camp, to be marched to Trenton; the resolve of Congress passed yesterday to march them to Philadelphia notwithstanding; Whereupon,

Resolved , That this Congress highly approve the foregoing resolutions, and recommend it to the good people of Pennsylvania, to carry the same into execution with the same laudable readiness, which they have hitherto manifested in supporting the injured rights of their country.

Resolved , That an order issue to Colonel Hazlet, of the batallion in Delaware government, to station one company at Lewistown, and to march the remaining seven companies of his batallion to Wilmington, and there remain until further order of this Congress.

Resolved , That the commissioners for Indian affairs in the southern department, while on actual service, receive four dollars a day.

0106 521

The committee on the treasury reported, that there is due,

To John Walker, Esq. commissioner of Indian affairs in the southern department, the sum of 869 67/90 dollars, for several horses, a waggon and guns, and expences in travelling 2500 miles.

Ordered , That the same be paid.

The committee appointed to consider the state of Georgia, brought in their report, which was taken into consideration; Whereupon,

Resolved , That for the defence of the colony of Georgia, there be an addition of two batallions, (one of them to consist of rifflemen) to be raised on the same terms on which other continental batallions are now ordered to be raised:

Resolved , That blank commissions for the field officers be sent to the convention of Georgia, to be filled up with the names of such persons as the said convention shall judge proper:

Resolved , That it be recommended to the assemblies, conventions or councils of safety of the colonies of Virginia, North and South Carolina, to permit the raising troops, for the purpose aforesaid, within their respective colonies [states]; and, if requested, to afford their advice and assistance, with regard to suitable persons in the said colonies for captains and subalterns, and that blank commissions be delivered to the delegates:

Resolved , That four gallies be built at the expence of the United States, under the direction of the convention of Georgia, for the further defence of said colony [state]:

And whereas the delegates of said colony of Georgia have represented to the said committee, that it will be necessary that two forts be erected in the said colony, the one at Savannah and the other at Sunbury:

0107 522

Resolved , That two companies of artillery be raised, consisting of fifty men each, officers included, for the purpose of garrisoning such forts, in case they shall be erected, at the expence of the said colony; and that blank commissions be delivered to the delegates for the officers, to be filled up by the assembly or convention of said colony [state].

Resolved , That General Washington be empowered, if he shall judge it adviseable, to order three of the fullest regiments, stationed in Massachusetts bay, to be immediately marched to Ticonderoga; and that an equal number of the militia of that state, be taken into pay, and embodied for its defence, if the government of Massachusetts bay judge it necessary.

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

Resolved , That Mr. John Coburne, who has acted as assistant conductor of military stores in Canada, and has produced certificates of his having done his duty in that station, be allowed lieutenant's pay, from the first day of March to the first day of June last:

That a chaplain be appointed to each regiment in the continental army, and their allowance be encreased to thirty three dollars and one third of a dollar a month:

Resolved , That immediate steps be taken, in the several colonies, to procure lead:

Resolved , That the post master general be directed immediately to have expresses established between this city and New York, and that General Washington be desired to send off despatches to Congress every day:

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

Resolved , That the Secret Committee be directed to send forthwith to General Lewis, at Williamsburgh, five 0108 523 tons of powder, for the use of the troops in the southern department, part of which to be forwarded to South Carolina:

Resolved , That the British officers and soldiers who are prisoners, and now in New Jersey, be sent from thence to the town of York, in Pensylvania, and that the convention, or committee of safety of New Jersey, be requested to carry this resolve into immediate execution:

Resolved , That four companies of the militia be directed to remain in Philadelphia, to guard the continental stores in that city.

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

Adjourned to 9 o'Clock to Morrow.

SATURDAY, JULY 6, 1776

A letter of the 5th from the convention of New Jersey, was received and read. 1

1 This letter is in the Papers of the Continental Congress , No. 68, folio 169.

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

Resolved , That Mr. Carpenter Wharton be appointed commissary, to supply [with rations] the militia who are immediately to march from Pensylvania to New Jersey, until the commissary general shall order otherwise:

That William Sherman, Jun r . be appointed pay master of Colonel Warner's regiment:

That Major Rogers be sent to New Hampshire, to be disposed of as the government of that state shall judge best.

Sundry letters were received and read, viz.

One from General Washington 4th and 5 July: 2

2 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 159. It is printed in Writings of Washington (Ford) IV, 204.

0109 524

One from General Schuyler to General Washington dated 1 July;

One from General Sullivan to General Schuyler dated 24th June:

Resolved , That said letters be referred to the Board of War and Ordnance.

Resolved , That an order issue to the agents in Massachusetts bay and Rhode Island, to send the arms taken out of the Scotch transports, to General Washington, at New York.

Resolved , That a copy of a letter received from T. Green be forwarded to General Washington, and that he be desired to send for such parts of the stores therein mentioned, as he shall think proper.

Application being made by William Kelsay, who has raised a company in Jersey, for a sum of money to bear the expence of said company to New York,

Ordered , That Mr. J. Mease commissary, advance one month's pay to Captain Kelsay, for the use of said company; he to be accountable.

The Congress proceeded to the election of members for the committee on Indian affairs, in the room of those absent; and, the ballots being taken, Mr. [Thomas] Jefferson, Mr. P[hilip] Livingston, and Mr. [Samuel] Huntington were elected.

Resolved , That Col. [William] Floyd, Mr. [Cæsar] Rodney, and Mr. [Abraham] Clark, be added to the committee to enquire into the miscarriages in Canada.

Resolved , That the Secret Committee be directed to deliver one ton of powder to the convention of New York; they to be accountable:

That General Schuyler be directed to collect and to audit the public accounts of the late General Montgomery, and to include his pay and the allowance for his table in the adjustment.

0110 525

The Board of Treasury laid before Congress an account of James Warren, Esq r . late pay master general of the United Colonies; Whereupon,

Resolved , That the following allowances be made,

For assistants, from July 27, 1775, to 4th May, 1776, 276 dollars:

For sundry articles purchased for the use of the office in New York, 3 49/72 dollars:

For horse hire to William Wynthrop, Esq r . and for his attendance and expences in Philadelphia, 100 dollars:

Ordered , That Mr. Warren pay the balance remaining in his hands to Ebenezer Hancock, Esq r . deputy pay master general for the eastern department.

Adjourned to 9 o'Clock on Monday.

MONDAY, JULY 8, 1776

Sundry letters were received and read: viz.

One of the 4th from General Washington, one of the 6th July from the convention of New Jersey. 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 153. It is printed in Writings of Washington (Ford), IV, 204. That of the convention of New Jersey is in No. 68, folio 175. On this day were read the following letters, of which no record was made on the Journals: From the Committee of Northampton County, July 6, in No. 69, I, folio 151; and from the Committee of Reading, same date, in same volume, folio 155.

Resolved , That the Secret Committee be directed to send four tons of powder, and a sufficient quantity of cartridge paper, to General Mercer, for the use of the flying camp.

Resolved , That an order for 20,000 dollars be drawn on the treasurers, in favour of James Mease; he to be accountable.

A letter of this day from Mrs. Connolly was laid before Congress, 2 and read:

2 This letter, dated July 8, is printed in Pennsylvania Archives , First Series, IV, 782.

Resolved , That it be referred to the committee of safety of Pensylvania, and that it be recommended to the said 0111 526 committee, to make proper provision for Mrs. Connolly, till farther order of Congress.

Resolved , That an order issue to the commanding officer of the militia ∥military associators∥ of Philadelphia, not to order Captain Peters out of the city, as his service ∥and attendance∥ is necessary in the war office.

Resolved , That the post masters, while in office, be excused from all military duty.

A letter from the convention of Maryland of the 4th, enclosing resolutions for raising three thousand four hundred men for the flying camp, was laid before Congress and read: 1

1 This letter is in the Papers of the Continental Congress , No. 70, folio 33. The resolves were adopted June 25.

Resolved , That Major General Gates be informed, that it was the intention of Congress to give him the command of the troops whilst in Canada, but had no design to vest him with a superior command to General Schuyler, whilst the troops should be on this side Canada; and that the president write to Major General Schuyler and Major General Gates, stating this matter, and recommending to them to carry on the military operations with harmony, and in such manner as shall best promote the public service: 2

2 This was to quiet a difference of opinion between Schuyler and Gates with regard to the command of the army in the Northern Department.

Resolved , That a copy of the foregoing resolution be transmitted to General Washington.

The committee of safety of Pensylvania, having recommended Daniel Burkhard, George Hubley, Jacob Bunner and Benjamin Weiser, to be captains to the four companies of Germans to be raised in that state,

Resolved , That the said gentlemen be approved, and that commissions be granted to them accordingly.

0112 527

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

Resolved , That General Washington be vested with discretionary power to call to his assistance, at New York, such of the continental regiments in the Massachusetts bay, as have not already received orders to march to Ticonderoga; and that the general court of that province [state] be requested to supply their places with militia, if they think it expedient:

That General Washington have permission to call forth and engage in the service of the United States, so many indians of the St. Johns, Nova Scotia and Penobscot tribes, as he shall judge necessary and that he be desired to write to the general court of the Massachusetts bay, requesting their aid in this business, and informing them that Congress will reimburse such expences as may be necessarily incurred in consequence of the foregoing resolutions.

That the commissary general have full power to supply both armies, that upon the lakes as well as that at New York; and also to appoint and employ such persons under him, and to remove any deputy commissary, as he shall judge proper and expedient; it being absolutely necessary, that the supply of both armies should be under one direction.

The Congress then proceeded to the choice of a deputy quarter master general for the flying camp; and, the ballots being taken, and examined,

Clement Biddle was elected deputy quarter master general for the flying camp, and for the militia of Pensylvania and New Jersey, ordered to rendezvous at Trenton.

Resolved , That to morrow be assigned for the election of a deputy muster master general for the flying camp and militia aforesaid.

0113 528

Resolved , That the committee for providing medicines, be directed to supply the militias aforesaid, with a sufficient quantity of suitable medicines.

Resolved , That an order for 60,000 dollars be drawn on the treasurers, in favour of the delegates of Georgia, for the use of the continental batallions; the colony ∥state of Georgia∥ to be accountable.

Resolved , That General Washington be empowered to appoint suitable places of rendezvous for the new batallions raising for Canada, and communicate the same to the assemblies of New Hampshire, Massachusetts bay, Connecticut and New York; also, to issue his orders for supplying the men with rations, tents, a month's advance pay, and other necessaries.

Resolved , That Mr. Mease be directed to advance one month's pay to such of the militia of Pennsylvania, marching to Trenton as will engage to serve in the flying camp.

Resolved , That an order for 5,000 dollars be drawn on the treasurers, in favour of Mr. George Evans, contractor for supplying the Delaware batallion; he to be accountable.

A letter of the 5, from the committee of safety of Sussex in Delaware government, with sundry papers enclosed, was laid before Congress, and read: 1

1 This letter is in the Papers of the Continental Congress , No. 70, folio 581.

Resolved , That the same be referred to the delegates of Maryland and Delaware.

Adjourned to 9 o'Clock to Morrow. 2

2 “A paper has been privately laid on the Congress table, importing that some dark designs were forming for our destruction, and advising us to take care of ourselves. Some were for examining the cellars under the room where we sit. I was against it, and urged that we ought to treat such information with contempt, and not show any mark of fear or jealousy. I told some of them I had almost as soon be blown up as to discover to the world that Z thought myself in danger. No notice has been taken of this piece of information, which I think is right.” Joseph Hewes to Samuel Johnston , 8 July, 1776.

TUESDAY, JULY 9, 1776

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

Resolved , That Abraham Sheppard be appointed captain, Samuel Finley, first lieutenant, William Kelly, second lieutenant, Henry Bedinger, third lieutenant, of the Virginia riffle company: and that the delegates of Virginia be empowered to write to the several county committees in that state, where they think it most proper and probable for the men to be raised, requesting the said committees to recommend officers for the appointment of Congress, to fill up Colonel Stevenson's regiment; the officers so recommended, to have power immediately to inlist their men, and commissions to be sent them as soon as possible, and that 7,000 dollars be paid into the hands of Colonel Stevenson, for bounty money, and other regimental expences:

That ∥a farther sum of∥ 5,000 dollars be paid into the hands of the delegates of Virginia said Colonel Stevenson, and 2,500 dollars to the delegates of Maryland, for the account of the said regiment; they to be accountable.

Resolved , That Mr. Palfrey, late aid de camp of General Washington, have the rank of lieutenant colonel in the continental army.

The Congress proceeded to the election of a deputy muster master general for the flying camp, and militia ordered to rendezvous at Trenton; and, the ballots being taken,

Jonathan B. Smith was elected.

Resolved , That an order for 10,000 dollars be drawn on the treasurers, in favour of the Committee of Secret Correspondence, for the purchase of two vessels; they to be accountable.

0115 530

The committee to whom the petition of William Poole was referred, brought in their report: Whereupon,

Resolved , That 20 dollars be paid to the said William Poole for his present support, till regulations are made for the relief of disabled soldiers.

Resolved , That the Rev. Mr. J. Duché be appointed chaplain to Congress, and that he be desired to attend every morning at 9 o'Clock.

Resolved , That the committee of safety of Pensylvania release Allan M'Donald, of Kingsborough, a prisoner in the gaol of Philadelphia, on his parole, and that, upon his signing his parole, he be treated agreeable to former resolutions of Congress.

Resolved , That a committee be appointed to settle a cartel for exchange of prisoners:

The members chosen, Mr. [Carter] Braxton, Mr. [James] Wilson, and Mr. [Benjamin] Harrison.

Resolved , That such of the militia as are employed in making gun locks, and such as are employed in making cannon and powder, be detained from marching on the present occasion to New Jersey. 1

1 Printed in the Pennsylvania Evening Post , 11 July, 1776, with the following addition, “in consequence of the resolution of the sixth instant.”

Resolved , That five of the committee, appointed to enquire into the cause of the miscarriages in Canada, be a quorum to proceed to business.

The Committee on the Treasury, to whom the claims of John Walker and Willie Jones, Esqrs. commissioners for Indian affairs for the southern department, were referred, reported, that there is due,

To John Walker, Esq r . for 139 days he was employed in the southern department, at the rate of 4 dollars a day, 556 dollars:

To Willie Jones, Esq. for his expences attending Indian 0116 531 affairs at Salisbury, and travelling to sundry places, 250 dollars, and for 95 days on duty, at 4 dollars a day, 380 dollars: 1

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

Ordered , That the said account be paid.

A memorial from Ludwick Karcher, was laid before Congress, and read:

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

Adjourned to 9 o'Clock to Morrow.

WEDNESDAY, JULY 10, 1776

Resolved , That one month's pay be advanced to the militia of Pensylvania, ordered to march to Trenton, the same to be paid after the men are mustered.

That Mr. Mease be directed to deliver to Mr. Biddle, the deputy quarter master general for the flying camp, and militia, such tents, and other articles as he has belonging to the continent, and which may be wanted for the militia and flying camp.

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

Resolved , That the committee of Lancaster be empowered and directed, to keep a guard over the prisoners, in the barracks of that borough, and to surround the said barracks with a stockade fort:

That the privates who are prisoners in the town of Reading, be removed to the borough of Lancaster.

A letter from Ephraim Anderson was laid before Congress, and read:

Resolved , That the president write to General Washington ∥on the subject,∥ and enclose Mr. Anderson's letter, and that Mr. Anderson be referred to the General. 2

2 This letter is in the Letters to Washington , X, folio 181. Anderson was adjutant to the Second New Jersey Battalion.

0117 532

The committee appointed to draw up rules and orders for the government of this house, brought in their report, which was read:

The Committee appointed to draw up Rules and Orders for the Government of this House beg Leave to report as their Opinion have agreed to the following report:

III. That No Member shall read any printed Paper in the House during the sitting thereof without Leave of the Congress.

VII. That no Member shall speak more than twice in any one Debate without Leave of the House.

IX. That no Motion shall be made debated until the same be seconded.

X. That when a Motion shall be made and seconded it shall be reduced to writing, if desir'd by the President or any Member; delivered in at the Table, and read by the President before the same shall be allowed to be debated.

XI. When a Motion is made and seconded the Matter of the Motion shall receive a Determination by the Question, or be laid aside by general Consent, or postponed by the previous Question, before any other Motion be received .

XIV. When the Question is put by the Chair [every Member in the House] colony present shall [give his Voice one way] be counted on one side or the other, unless it's delegates be divided.

IV. No Member in coming into the House or in removing from his Place shall pass between the President and the Member then speaking.

V. When the House is speaking sitting no Member shall speak [or whisper] to another, so as to interrupt any Member who may be speaking in the Debate.

III. When two Members rise together the President shall name the Person to speak.

II. No Member shall leave depart from the service of the Place House during the sitting thereof without Permission of the House Congress, or order from his constituents. If by the withdrawing of the said Member he shall break the Representation of the Colony from whence the said Member came.

XVI. No Person shall be appointed to any office of Profit unless he shall have the Consent of Seven Colonies. Nor shall any Ballot be counted unless the Person for whom the Ballot shall be given be first named to the House, before the balloting be gone into.

0118 533

VI. Every Person shall speak from his [Chair] seat, and when net speaking shall continue [in his seat] therein. See the Amendment.

XII. If in a debate there arise more Questions than one, and it be controverted which Question shall be first put, the Question first moved and seconded shall be put first, unless it be laid aside by general Consent.

XIII. If a Question upon in a Debate contain more parts than one, any Member may have the same divided into as many questions as parts. 1

1 To this point the report is in the writing of Robert Treat Paine.

XV. No person shall [enter] walk in the house while the question is putting, nor shall any one give his vote who was not present when the question was put. 2

2 These paragraphs are in the writing of Thomas Jefferson.

I. The roll of the house shall be called over by the secretary every day within minutes after the hour to which it was adjourned, before any other thing is done in Congress; and all absentees without leave shall be noted on the roll by the Secretary, and a copy of se much of the said roll as relates to any one colony shall be sent to the Convention or assembly of such colony once in every three months. 2

1. That so soon as nine Colonies are present in the House the House the Congress proceed to Business. 3

3 This paragraph is in the writing of John Hancock. The report is in the Papers of the Continental Congress , No. 23, folio 19. The numbering of the paragraphs was done between the submission of the report and the acceptance of the rules, which are printed July 17, post. In the Writings of Jefferson (Ford), II, 60, are printed what are believed to be Jefferson's rough notes of this report. On page 61 of the same volume is a resolution regulating the rotation of delegates to the Continental Congress. It may have been prepared in connection with this report, but no trace of it is discoverable in the Journals .

Ordered , To lie on the table.

The standing committee for Indian affairs, brought in a report, which was read:

Ordered , To lie on the table.

Resolved , That the committee for providing medicine chests, be directed to furnish Dr. Allison with a set of instruments, and that the director general be directed to supply him with proper medicines.

The committee, to whom the cartel, between Brigadier 0119 534 General Arnold and Captain Foster, 1 and the several papers thereto relating, were recommitted, brought in their report, which was read as follows:

1 The proper spelling is Forster.

That, having made diligent enquiry into the facts, they find, that a party of 390 continental troops, under the command of Colonel Bedel, was posted at the Cedars, about forty three miles above Montreal; that they had there formed some works of defence, the greater part of them picketed lines, the rest a breast work of earth, with two field pieces mounted:

That, on Wednesday the 15 of May, Colonel Bedel received intelligence, that a party of the enemy, consisting of about 600 regulars, Canadians and Indians, were on their way to attack his post, and were then within nine miles of it: that Colonel Bedel, thereon, set out himself for Montreal, to procure a reinforcement; whereupon, the command of the Cedars devolved on Major Butterfield:

That, on Thursday, a reinforcement, under the command of Major Sherburne, marched from Montreal for the Cedars, while a larger detachment should be getting ready to proceed thither with Brigadier General Arnold:

That, on Friday the 17th, the enemy, under the command of Captain Foster, invested the post at the Cedars, and, for two days, kept up a loose, scattering fire; that Major Butterfield proposed, from the very first, to surrender the post, and refused repeated solicitations from his officers and men to permit them to sally out on the enemy:

That, on Sunday afternoon, a flag being sent in by the enemy, Major Butterfield agreed to surrender the fort and garrison to Captain Foster, capitulating with him, whether verbally or in writing does not appear, that the garrison 0120 535 should not be put into the hands of the savages, and that their baggage should not be plundered:

That, at the time of the surrender, the enemy consisted of about 40 regulars, 100 Canadians, and 500 Indians, and had no cannon; the garrison had sustained no injury from their fire, but the having one man wounded; they had twenty rounds of cartridges a man, 30 rounds for one field piece, five for another, half a barrel of gun powder, 15 lbs. of musket ball, and provisions sufficient to have lasted them twenty or thirty days: Major Butterfield knew that a reinforcement was on its way, and moreover, was so near the main body of the army, that he could not doubt of being supported by that:

That, immediately on the surrender, the garrison was put into the custody of the savages, who plundered them of their baggage, and even stripped them of their clothes;

That Major Sherburne, having landed on Monday the 20th, at Quinze Chenes, about nine miles from the Cedars, and marched on with his party, consisting then of 100 men, to within four miles thereof, was there attacked by about 500 of the enemy: that he maintained his ground about an hour, and then, being constrained to retreat, performed the same in good order, receiving and returning a constant fire for about forty minutes; when the enemy, finding means to post advanced parties in such a manner as to intercept their farther retreat, they also were made prisoners of war:

That they were immediately put into the custody of the savages, carried to where Major Butterfield and his party were, and stripped of their baggage and wearing apparel:

That two of them were put to death that evening, four or five others at different times, afterwards; one of whom was of those who surrendered on capitulation at the Cedars, and was killed on the 8th day after that surrender; 0121 536 that one was first shot, and, while retaining life and sensation, was roasted, as was related by his companion, now in possession of the savages, who himself saw the fact; and that several others, being worn down by famine and cruelty, were left exposed in an island naked, and perishing with cold and hunger:

That, while Major Sherburne was in custody of the enemy, Captain Foster required of him, and the other officers, to sign a cartel, stipulating the exchange of themselves and their men for as many, of equal condition, of the British troops in our possession; farther, that notwithstanding the exchange, neither themselves nor men should ever again bear arms against the British government; and for the performance of this, four hostages were to be delivered, which, they being under the absolute power of the enemy, did sign:

That on Sunday, the 26th, the prisoners were carried to Quinze Chenes, when it was discovered that General Arnold was approaching, and making dispositions to attack them:

That Captain Foster, having desired Major Sherburne to attend a flag, which he was about to send to General Arnold, for confirmation of the cartel, carried him into the council of Indians, then sitting, who told him “that it was a mercy never before shewn in their wars, that they had put to death so few of the prisoners; but that he must expect, and so inform General Arnold, that they should certainly kill every man who should thereafter fall into their hands:”

That Captain Foster joined in desiring that this bloody message should be delivered to General Arnold; and moreover, that he should be notified, that if he rejected the cartel, and attacked him, every man of the prisoners would be put to instant death:

0122 537

That General Arnold was extremely averse from entering into any agreement, and was at length induced to do it by no other motive than that of saving the prisoners from cruel and inhuman death, threatened in such terms as left no doubt it was to be perpetrated, and that he did in the end conclude it, after several flags received from Captain Foster, and a relinquishment by him of the unequal article restraining our soldiers from again bearing arms:

That the prisoners, so stipulated to be given up to the enemy, were not in the possession of General Arnold, nor under his direction, but were, at that time, distributed in various parts of the continent, under the orders of this house:

That four hostages were accordingly delivered to Captain Foster, who were immediately plundered and stripped by the savages; and on his part, were delivered 1 major, 4 captains, 16 subalterns, and 355 privates, as specified in a certificate of Captain James Osgood and others, of whom no specification by their names or numbers has yet been transmitted; that he retained 12 Canadians, alleging in his justification, express orders so to do; and that, living in a military government, they were to be considered even in a worse light than deserters from his majesty's armies; these he carried away in irons, but afterwards released: that he permitted the Indians to carry into their countries several others, natives of the United States, for purposes unknown:

That, during the time of their captivity, not half food was allowed the prisoners; they were continually insulted, buffeted, and ill treated by the savages; and when the first parties of them were carried off from the shore to be delivered to General Arnold, balls of mud were fired at them, and at the last parties, musket bullets. Whereupon,

0123 538

The Congress, came to the following resolutions:

Resolved , That all acts contrary to good faith, the laws of nature, or the customs of civilized nations, done by the officers or soldiers of his Britannic Majesty, or by foreigners or savages taken into his service, are to be considered as done by his orders, unless indemnification be made, in cases which admit indemnification, and in all other cases, unless immediate and effective measures be taken by him, or by his officers, for bringing to condign punishment the authors, abettors, and perpetrators of the act:

That the plundering the baggage of the garrison at the Cedars, stripping them of their cloathes, and delivering them into the hands of the savages, was a breach of the capitulation on the part of the enemy, for which indemnification ought to be demanded:

That the murder of the prisoners of war was a gross and inhuman violation of the laws of nature and nations: that condign punishment should be inflicted on the authors, abettors, and perpetrators of the same; and that, for this purpose, it be required that they be delivered into our hands:

That the agreement entered into by General Arnold was a mere sponsion on his part, he not being invested with powers for the disposal of prisoners not in his possession, nor under his direction; and that, therefore, it is subject to be ratified or annulled, at the discretion of this house:

That the shameful surrender of the post at the Cedars is chargeable on the commanding officer: that such other of the prisoners as were taken there, shewed a willingness and desire to fight the enemy; and that Major Sherburne, and the prisoners taken with him, though their disparity of numbers was great, fought the enemy bravely for a 0124 539 considerable time, and surrendered at last but on absolute necessity: on which considerations, and on which alone, resolved, that the said sponsion be ratified; and that an equal number of captives from the enemy, of the same rank and condition, be restored to them, as stipulated by the said sponsion:

That, previous to the delivery of the prisoners to be returned on our part, the British commander in Canada be required to deliver into our hands the authors, abettors, and perpetrators of the horrid murder committed on the prisoners, to suffer such punishment as their crime deserves; and also, to make indemnification for the plunder at the Cedars, taken contrary to the faith of the capitulation; and that, until such delivery and indemnification be made, the said prisoners be not delivered:

That, if the enemy shall commit any further violences, by putting to death, torturing, or otherwise ill treating the prisoners retained by them, or any of the hostages put into their hands, recourse be had to retaliation, as the sole means of stopping the progress of human butchery; and that, for that purpose, punishments of the same kinds and degree be inflicted on an equal number of the captives from them in our possession, till they shall be taught to respect the violated rights of nations:

That a copy of the above report and resolutions be transmitted to the commander in chief of the continental forces, to be by him sent to Generals Howe and Burgoyne. 1

1 Printed in the Pennsylvania Evening Post , 25 July, 1776.

Adjourned to 9 o'Clock to Morrow.

THURSDAY, JULY 11, 1776

Sundry letters were received and read:

One of the 9th, from the convention of New Jersey:

Referred to the Board of War, who are desired to report thereon as soon as possible.

0125 540

One of the 9th, from the committee of Easton:

Three from officers, prisoners, desiring leave to come to Philadelphia. 1

1 The letter from the Convention [Provincial Congress] of New Jersey is in the Papers of the Continental Congress , No. 68, folio 183. That from the Committee of Easton is in No. 69, I, folio 169.

Resolved , That Mr. T. Matlack be directed to deliver to Deputy Quarter Master General Biddle, such of the continental stores, in his possession, as may be necessary and wanting for the flying camp.

The General having recommended the following gentlemen to be officers of the two remaining riffle companies of Colonel Stevenson's batallion at New York, viz.

Philemon Griffith, captain:

Thomas Hussey Luckett, first lieutenant:

Adamson Tannehill, second lieutenant:

Henry Hardman, third lieutenant:

Richard Davis, captain:

Daniel Cressap, first lieutenant:

Nieman Tannehill, second lieutenant:

Henry [John ?] Hardman, third lieutenant:

Resolved , That they be accepted, and commissions be granted to them accordingly.

Resolved , That an order for 213⅓ dollars, be drawn on the treasurers, in favour of the delegates of Maryland, for defraying the expences of transporting powder to Maryland; they to be accountable.

Three petitions, one from Major Melchior, another from John Doyle, and the third from Mr. B[enjamin] Flower, were presented to Congress, and read: 2

2 The petition of Isaac Melchior, dated Philadelphia, July 10, 1776, is in the Papers of the Continental Congress , No. 42, V, folio 1. That of Benjamin Flower is in No. 42, III, folio 5.

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

A petition from John Cox was presented to Congress and read: Whereupon,

0126 541

Resolved , That the Secret Committee be directed to sell Mr. Cox half a ton of powder, for the use of the private vessel of war by him fitted out.

A petition from Coxe, and Furman, and others, was presented to Congress, and read, together with a memorial from the committee of inspection [and observation] for the city and liberties of Philadelphia, recommending their case to the notice of Congress; Whereupon,

Resolved , That the petitioners have leave to dispose of the goods mentioned in their petition.

A letter of the 10, from General Washington, and five letters from Governor Trumbull, of the 5th and 6th, were laid before Congress, and read. 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 189. It is printed in Writings of Washington (Ford), IV, 224. Those of Governor Trumbull are in No. 66, I, folios 193 to 209.

The Board of War, to whom the letter from the convention of New Jersey was referred, brought in their report, which was taken into consideration; Whereupon,

Resolved , That a letter be written to the convention of New Jersey, informing them,—that, as they have not enclosed to Congress, copies of General Washington's and Brigadier General Livingston's letters, no judgment can be formed by Congress, concerning the contents of them, until copies are sent;—that measures are taking in Pensylvania and Maryland, for forming the flying camp;—that, in the mean while, the associated militia are marching, in great numbers, from Pensylvania, for the defence of New Jersey; that ammunition has been, and will be, supplied by this Congress, for the defence of New Jersey;—that, with regard to the pay of the militia, Congress will observe the same rule of conduct towards New Jersey, as towards other colonies:

The Congress resumed the consideration of the report from the standing committee for indian affairs, and, thereupon, came to the following resolutions:

0127 542

The Congress are so fully persuaded of the necessity of protecting the frontiers of New York from the incursions of the enemy, that they recommend that business to General Schuyler's immediate attention and direct that if the situation of affairs will admit of it, he take proper steps for erecting a fort at Oswego and building gallies on Lake Ontario, and pursue such other measures as may be best fitted to answer the views of Congress.

That posts be taken and forts erected at Presque isle, Le Beuf, and Kittanning, and a batallion be raised to erect and garrison the same.

That the commissioners of Indian affairs in the middle department be directed to inquire what naval force on Lake Erie will be necessary to secure to the United States the command of the navigation of that lake and to report the result of their inquiry as soon as possible to Congress.

That it be notified to the convention of Virginia, that the Congress are willing to take into continental possession, the forts at the mouths of Wheeling and the Great Kanhaway, and the fort at Pittsburg, now in possession of that colony; and also to receive, on the continental establishment, the garrisons in these forts, if the said convention shall desire it.

The Marine Committee in pursuance of the order of Congress, reported that they have called before them, divers of the inferior officers, belonging to the ships Alfred and Columbus , and having heard their complaints against the Captains, Saltonstal and Whipple, in their presence, are of opinion, that the charge against Captain Saltonstal does not appear to the committee to be well founded, and that the charge against Captain Whipple amounts to nothing more than a rough, indelicate mode of behaviour to his marine officers; Whereupon,

0128 543

Resolved , That the Marine Committee be directed to order the Captains, Saltonstal and Whipple, to repair to their respective commands; and that it be recommended to Captain Whipple to cultivate harmony with his officers. 1

1 Printed in the Pennsylvania Gazette , 24 July, 1776.

Dr. [Benjamin] Franklin, one of the commissioners to Canada, laid before Congress an account of his expenditures:

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

The president acquainted Congress, that last evening, information was given to him, of a conspiracy or plot carrying on for liberating the prisoners &c. ∥in the gaol of Philadelphia, and other evil designs;∥ Whereupon,

Resolved , That a committee of five be appointed, and that they, together with the president, be directed to make strict enquiry into the truth of the matter; and, if they find the information well grounded, to take such steps as they shall judge prudent and effectual, for defeating the machinations of the conspirators; and, in case of necessity, to call upon the brigadier general, or commanding officer of the associators, for the aid of the military:

The members chosen, Mr. [Thomas] Jefferson, Mr. [Richard] Stockton, Mr. [Button] Gwinnett, Mr. [Robert] Morris, and Mr. [James] Wilson.

A letter from Mr. Mease was laid before Congress and read;

Resolved , That an order for 40,000 dollars be drawn on the treasurers, in favour of Mr. Mease, to enable him to advance a month's pay to the military associators of Pensylvania, ordered into New Jersey, and to those who engage to form the flying camp; he to be accountable.

0129 544

The Committee of Claims reported, that there is due,

To Thomas Amor, for boarding General Lee's guard the sum of £12 16 10=34 22/90 dollars:

To Colonel Nelson, for expences of an express, the sum of £1 17 0=4 84/90 dollars:

To Caspar Miller, for provisions, &c. for General Lee's guard, the sum of £12 9 9=33 27/90 dollars: 1

1 The report ( Papers of the Continental Congress , No. 136, I, folio 3) added, “that the same ought to be paid to Miles and Wister, of this city.”

To Thomas Dundas for riffles supplied Colonel Irwine's batallion, the sum of £117 14=313 78/90 dollars and that the same be charged to said batallion:

To Joseph Hewes, Esq r . for expences paid for the carriage, guard, &c. of gun powder, to North Carolina, the sum of £247 12 10=660 34/90 dollars:

To Timothy Matlack, on account, 200 dollars:

To William Trickett, for stationary, the sum of £76 14 3=204 51/90 dollars:

Ordered , That the said accounts be paid.

The committee, to whom the letter from John Macpherson, of the 31 of May, was referred, brought in their report, as follows:

That they had examined Mr. Macpherson, respecting the contents of his letter, who alleged, that he had a promise of being appointed commander in chief of the American navy, by Messrs. Randolph, Hopkins and J. Rutledge, a committee of Congress to whom he communicated an important secret; but that he produced no evidence in support of such allegation; that they enquired of Mr. Hopkins about this promise, in the presence of Mr. Macpherson, and that Mr. Hopkins declared he recollected nothing of the kind: 2 Whereupon,

2 In the original report the following sentence appears at this point: “and Mr. Randolph being since dead, and Mr. Rutledge now absent, your committee have it not in their power to make any farther report in the premises.” It was stricken out.

0130 545

Resolved , That the application and request of Mr. Macpherson is unreasonable. 1

1 This report, in the writing of Thomas McKean, is in the Papers of the Continental Congress , No. 78, XV, folio 53.

Adjourned to 9 o'Clock to Morrow.

FRIDAY, JULY 12, 1776

Sundry letters were laid before Congress, and read,

One of the 11, from Brigadier General Wooster:

One from Mrs. Conolly:

One of the 10th, from the convention of New Jersey:

Resolved , That the last be referred to the Board of War.

Resolved , That the committee appointed, on the 8th of May last, on the instructions given to Commodore Hopkins, be discharged; and that the matters to them referred, be committed to the Marine Committee, who are invested with the same powers as the committee, now discharged, were at their appointment; and that the Marine Committee be directed to proceed to enquire, as well how far the said commodore has complied with the instructions given him by the naval committee, as into the complaints reported by the Marine Committee on the 13th of June, to have been exhibited against him.

The committee appointed to examine into the claims of Mr. Charles Walker, for the hire and expences of his sloop Endeavour , and the damages he has sustained, in consequence of her being taken into the service of the United Colonies, and brought from New Providence to New London by Commodore Hopkins, brought in their report, ∥which was taken into consideration∥; Whereupon, 2

2 A petition from Charles Walker, dated Philadelphia, June 18, 1776, is in the Papers of the Continental Congress , No. 42, VIII, folio 125.

Resolved , That the said sloop Endeavour be restored to 0131 546 the said Walker, with all her stores and materials, as she came from sea, and now lies at New London:

That the sum of two thousand dollars be paid to the said Charles Walker, for the hire of her, and in lieu of all losses, damages, premiums of insurance, and expences whatever:

That the said Charles Walker be permitted to invest the balance of the said 2,000 dollars, (or what remains, after defraying his expences, and paying for the repairs and out fit of his vessel), in produce, and export the same.

The committee appointed to prepare articles of confederation brought in a draught, which was read: 1

1 The Articles of Confederation as first laid before Congress and ordered to be printed are in the Papers of the Continental Congress , No. 47. The original manuscript is in the writing of John Dickinson (folio 9,) but was used by Charles Thomson in noting such changes or amendments as were made in Congress, before the Articles were ordered to be printed a second time, on August 20. I have sought to give in this place the Articles as they were prepared by Dickinson, with the few changes he made while writing them, and with the queries which he noted on the margin. The text is substantially that printed in the first issue. Under August 20 is again repeated this first printed issue in parallel with the Articles as reported to Congress on that day and ordered to be printed.

Articles of confederation and perpetual union, between the colonies of

New Hampshire ,

Massachusetts Bay ,

Rhode Island ,

Connecticut ,

New York ,

New Jersey ,

Pennsylvania ,

The counties of New Castle, Kent and Sussex on Delaware ,

Maryland ,

Virginia ,

North Carolina,

South Carolina, and

Georgia .

Art . I. THE Name of this Confederacy shall be “ The United States of America .”

Art . II. The said Colonies unite themselves so as never to be divided by any Act whatever, and hereby severally enter into a firm League of Friendship with each other, for their common Defence, the Security of their Liberties, and their mutual and general Welfare, binding the said Colonies to assist one another against all Force offered 0132 547 to or attacks made upon them or any of them, on Account of Religion, Sovereignty, Trade, or any other Pretence whatever.

Art . III Each Colony shall retain and enjoy as much of its present Laws, Rights and Customs, as it may think fit, and reserves to itself the sole and exclusive Regulation and Government of its internal police, in all matters that shall not interfere with the Articles of this Confederation. 1

1 “Q. Should not the first Article provide for a Toleration and ag t . Establishments hereafter to be made?” J. D .

“Quære. The Propriety of the Union's garranteeing to every colony their respective Constitution and form of Government?” J. D .

Art . IV. No Colony or Colonies, without the Consent of the United States in Congress assembled, shall send any Embassy to or receive any Embassy from, or enter into any Treaty, Convention or Conference with the King or Kingdom of Great-Britain, or any foreign Prince or State; nor shall any Colony or Colonies, nor any Servant or Servants of the United States, or of any Colony or Colonies, accept of any Present, Emolument, Office, or Title of any Kind whatever, from the King or Kingdom of Great-Britain, or any foreign Prince or State; nor shall the United States assembled, or any Colony grant any Title of Nobility.

Art . V. No two or more Colonies shall enter into any Treaty, Confederation or Alliance whatever between them, without the previous and free Consent and Allowance of the United States in Congress assembled, specifying accurately the Purposes for which the same is to be entered into, and how long it shall continue.

Art . VI. The Inhabitants of each Colony shall henceforth always have the same Rights, Liberties, Privileges, Immunities and Advantages, in the other Colonies, which the said Inhabitants now have, in all Cases whatever, except in those provided for by the next following Article.

Art . VII. The Inhabitants of each Colony shall enjoy all the Rights, Liberties, Privileges, Immunities, and Advantages, in Trade, Navigation, and Commerce, in any other Colony, and in going to and from the same from and to any Part of the World, which the Natives such Colony or any Commercial Society, established by its Authority shall enjoy.

Art . VIII. Each Colony may assess or lay such Imposts or Duties as it thinks proper, on Importations or Exportations, provided such Imposts or Duties do not interfere with any Stipulations in Treaties 0133 548 hereafter entered into by the United States assembled, with the King or Kingdom of Great Britain, or any foreign Prince or State.

Art . IX. No standing Army or Body of Forces shall be kept up by any Colony or Colonies in Times of Peace, except such a Number only as may be requisite to garrison the Forts necessary for the Defence of such Colony or Colonies: But every Colony shall always keep up a well regulated and disciplined Militia, sufficiently armed and accoutred; and shall provide and constantly have ready for Use in public Stores, a due Number of Field Pieces and Tents, and a proper Quantity of Ammunition, and other Camp Equipage. 1

1 “Q. Should not this Article specify the Particulars, as to Age, Arms, Field pieces, &c.” J. D .

Art . X. When Troops are raised in any of the Colonies for the common Defence, the Commission Officers proper for the Troops raised in each Colony, except the General Officers, shall be appointed by the Legislature of each Colony respectively, or in such manner as shall by them be directed.

Art . XI. All Charges of Wars and all other Expences that shall be incurred for the common Defence, or general Welfare, and allowed by the United States in General Congress assembled, shall be defrayed out of a common Treasury, which shall be supplied by the several Colonies in Proportion to the Number of Inhabitants of every Age, Sex and Quality, except Indians not paying Taxes, in each Colony, a true Account of which, distinguishing the white 2

2 This word was inserted on striking out “who are not slaves.”

Inhabitants who are not slaves, shall be triennially taken and transmitted to Congress the Assembly of the United States. The Taxes for paying that Proportion shall be laid and levied by the Authority and Direction of the Legislatures of the several Colonies, within the Time agreed upon by United States assembled. 3

3 “Q. If no Notice should be taken of the Bills already emitted, and if there should not be a Contract to contribute in due Proportion towards sinking them?” J. D .

Art . XII. Every Colony shall abide by the Determinations of the United States in General Congress assembled, concerning the Services performed and Losses or Expences incurred by every Colony for the common Defence or general Welfare, and no Colony or Colonies shall in any Case whatever endeavor by Force to procure Redress of any Injury or Injustice supposed to be done by the United States to such Colony or Colonies in not granting such Satisfactions, Indemnifications, 0134 549 Compensations, Retributions, Exemptions, or Benefits of any Kind, as such Colony or Colonies may think just or reasonable.

Art . XIII. No Colony or Colonies shall engage in any War without the previous Consent of the United States assembled, unless such Colony or Colonies be actually invaded by Enemies, or shall have received certain Advice of a Resolution being formed by some Nations of Indians to invade such Colony or Colonies, and the Danger is so imminent, as not to admit of a Delay, till the other Colonies can be consulted: Nor shall any Colony or Colonies grant Commissions to any Ships or Vessels of War, nor Letters of Marque or Reprisal, except it be after a Declaration of War by the United States assembled, and then only against the Kingdom or State and the Subjects thereof, against which War has been so declared, and under such Regulations as shall be established by the United States assembled. 1

1 “Q. How far the Expence of any War is to be defrayed by the Union?” J. D .

Art . XIV. A perpetual Alliance, offensive and defensive, is to be entered into by the United States assembled as soon as may be, with the Six Nations, and all other neighbouring Nations of Indians; their Limits to be ascertained, their Lands to be secured to them, and not encroached on; 2

2 “Q. How far a Colony may interfere in Indian Affairs?” J. D . To this point this paragraph was omitted in the printed version.

no Purchases of Lands, hereafter to be made of the Indians by Colonies or private Persons before the Limits of the Colonies are ascertained, to be valid: All Purchases of Lands not included within those Limits, where ascertained, to be made by Contracts between the United States assembled, or by Persons for that Purpose authorized by them, and the great Councils of the Indians, for the general Benefit of all the United Colonies. 3

3 “This Article is submitted to Congress.” J. D .

Art . XV. When the Boundaries of any Colony shall be ascertained by Agreement, or in the Manner herein after directed, all the other Colonies shall guarantee to such Colony the full and peaceable Possession of, and the free and entire Jurisdiction in and over the Territory included within such Boundaries. 4

4 “This Article is submitted to Congress.

“Q. Should there not be an Article to prevent those who are hereafter brought into these Colonies, from being held in Slavery within the Colonies?” J. D .

Art . XVI. For the more convenient Management of the general Interests of the United States, Delegates should be annually appointed in such Manner as the Legislature of each Colony shall direct, or such 0135 550 Branches thereof as the Colony shall authorize for that purpose, to meet in General Congress at the City of Philadelphia, in the Colony of Pennsylvania, until otherwise ordered by Congress the United States assembled; which Meeting shall be on the first Monday of November in every Year, with a Power reserved to those who appointed the said Delegates, respectively to supercede recal them or any of them at any time within the Year, and to send new Delegates in their stead for the Remainder of the Year. Each Colony shall support its own Delegates in Congress a Meeting of the States, and while they act as Members of the Council of State, herein after mentioned. 1

1 “Q. If there should not be an Oath or Affirmation prescrib'd for every Delegate to take? See 31st. Vol. of Mod. Univ'l Hist.

“Q. If a Delegate should be permitted to vote by Proxy or by Writing, when absent by Reason of Sickness, &c.?” J. D .

Art . XVII. In determining Questions in Congress each Colony shall have one Vote.

Art . XVIII. 2

2 “Q. How the power is to be describ'd, if any is to be given to the United States assembled, of erecting Forts and keeping Garrisons, in any Colony , for the genl. Defence? Should it be done, if the Colony objects?

“Q. The power of arresting and trying persons in the Service of the United States, in any Colony , without applying to the Government of such Colony? A Dispute on this Head occasioned great Confusion in Holland.

“Q. The power of laying Embargos?” J.D.

The United States assembled shall have the sole and exclusive Right and Power of determining on Peace and War, except in the Cases mentioned in the thirteenth Article—Of establishing Rules for deciding in all Cases, what Captures on Land or Water shall be legal—In what Manner Prizes taken by land or naval Forces in the Service of the United States shall be divided or appropriated—Granting Letters of Marque and Reprisal in Times of Peace—Appointing Courts for the Trial of all Crimes, Frauds and Piracies committed on the High Seas, or on any navigable River, not within the Body of a County or Parish—Establishing Courts for receiving and determining finally Appeals in all Cases of Captures—Sending and receiving Ambassadors under any Character—Entering into Treaties and Alliances-Settling all Disputes and Differences now subsisting, or that hereafter may arise between two or more Colonies concerning Boundaries, Jurisdictions, or any other Cause whatever—Coining Money and regulating the Value thereof—Regulating the Indian Trade, and managing all Indian Affairs with the Indians—Limiting the Bounds of 0136 551 those Colonies, which by Charter or Proclamation, or under any Pretence, are said to extend to the South Sea, and ascertaining those Bounds of any other Colony that appear to be indeterminate—Assigning Territories for new Colonies, either in Lands to be thus separated from Colonies and heretofore purchased or obtained by the Crown of Great-Britain from the Indians, or hereafter to be purchased or obtained from them—Disposing of all such Lands for the general Benefit of all the United Colonies—Ascertaining Boundaries to such new Colonies, within which Forms of Government are to be established on the Principles of Liberty 1

1 “These clauses [from Limiting the Bound s, &c.] are submitted to Congress.” J. D .

—Establishing and regulating Post-Offices throughout all the United Colonies, on the Lines of Communication from one Colony to another—Appointing General Officers of the Land Forces in the Service of the United States—Commissioning such other Officers of the said Forces as shall be appointed by Virtue of the tenth Article—Appointing all the Officers of the Naval Forces in the Service of the United States—Making Rules for the Government and Regulation of the said Land and Naval Forces, and directing the Marches, Cruises and operations of such land and naval—Appointing a Council of State, and such Committees and civil Officers as may be necessary for managing the general Affairs of the United States, under their Direction while assembled, and in their Recess, of the Council of State—Appointing one of their number to preside, and a suitable Person for Secretary—And adjourning to any Time within the Year.

The United States assembled shall have Authority for the Defence and Welfare of the United Colonies and every of them, to agree upon and fix the necessary Sums and Expences—To emit Bills, or to borrow Money on the Credit of the United Colonies—To raise Naval Forces—To agree upon the Number of Land Forces to be raised, and to make Requisitions from the Legislature of each Colony, or the Persons therein authorized by the Legislature to execute such Requisitions, for the Quota of each Colony who are not slaves, which is to be in Proportion to the Number of white Inhabitants in that Colony who are not slaves, which Requisitions shall be binding, and thereupon the Legislature of each Colony or the Persons authorized as aforesaid, shall appoint the Regimental Officers, and raise the Men, and arm and equip them in a soldier-like Manner; and the Officers and Men so armed and equipped, shall march to the Place appointed, and within the Time agreed on by the United States assembled.

0137 552

But if the United States assembled shall on Consideration of Circumstances judge proper, that any Colony or Colonies should not raise Men, or should raise a smaller Number than the Quota or Quotas of such Colony or Colonies, and that any other Colony or Colonies should raise a greater number of men than the Quota or Quotas thereof, such extra-numbers shall be raised, officered, armed and equipped in the same Manner as the Quota or Quotas of such Colony or Colonies, unless the Legislature of such Colony or Colonies respectively, shall judge, that such extra-numbers cannot be safely spared out of the same, in which Case they shall raise, officer, arm and equip as many of such extra-numbers as they judge can be safely spared; and the Officers and Men so armed and equip[p]ed shall march to the Place appointed, and within the Time agreed on by the United States assembled.

To establish the same Weights and Measures throughout the United Colonies.

But the United States assembled shall never impose or levy any Taxes or Duties, except in managing the Post-Office, nor interfere in the internal Police of any Colony, any further than such Police may be affected by the Articles of this Confederation. The United States assembled shall never engage the United Colonies in a War, nor grant Letters of Marque and Reprisal in Time of Peace, nor enter into Treaties or Alliances, nor coin Money nor regulate the Value thereof, nor agree upon nor fix the Sums and Expences necessary for the Defence and Welfare of the United Colonies, or any of them, nor emit Bills, nor borrow Money on the Credit of the United Colonies, nor raise Naval Forces, nor agree upon the Number of Land Forces to be raised, unless the Delegates of nine Colonies freely assent to the same: 1

1 “Q. If so large a Majority is necessary in concluding a Treaty of Peace?” J. D .

Nor shall a Question on any other Point, except for adjourning, be determined, unless the Delegates of seven Colonies vote in the affirmative.

No Person shall be capable of being a Delegate for more than three Years in any Term of six Years.

No Person holding any Office under the United States, for which he, or another for his Benefit, receives any Salary, Fees, or Emolument of any Kind, shall be capable of being a Delegate.

The Assembly of the United States to publish the Journal of their Proceedings monthly, except such Parts thereof relating to Treaties, Alliances, or military Operations, as in their Judgment require Secrecy—The Yeas and Nays of the Delegates of each Colony on any Question to be entered on the Journal, where it is desired by any Delegate; and the Delegates of a Colony, or any of them, at his or 0138 553 their Requests to be furnished with a Transcript of the said Journal, except such Parts as are above excepted, to lay before the Legislatures of the several Colonies. 1

1 “Q. Whether the proceedings of the Assembly of the States should not be published weekly, except such Matters as relate to Alliances, military Operations, &c, which require Secrecy? If this is not proper, yet, should not every Delegate have a Right to enter his Protest, and assign his Reasons, and even publish them, if he thinks fit?” J. D .

Art . XIX. The Council of State shall consist of one Delegate from each C[o]lony, to be named annually by the Delegates of each Colony, and where they cannot agree, by the United States assembled. 2

2 “Q. The Oath of a Councillor?” J. D .

The Business and Duty of This Council shall have Power to receive and open all Letters directed to the United States, and to return proper Answers; but not to make any Engagements that shall be binding on the United States—To correspond with the Legislature of each Colony, and all Persons acting under the Authority of the United States, or of the said Legislatures—To apply to such Legislatures, or to the Officers in the several Colonies who are entrusted with the executive Powers of Government, for occasional Aid whenever and wherever necessary—To give Counsel to the Commanding Officers, and to direct military Operations by Sea and Land, not changing any Objects or Expeditions determined on by the United States assembled, unless an Alteration of Circumstances which shall come to the Knowledge of the Council after the Recess of the States, shall make such Change absolutely necessary—To attend to the Defence and Preservation of Forts and strong Posts, and to prevent the Enemy from acquiring new Holds—To procure Intelligence of the Condition and Designs of the Enemy—To expedite the Execution of such Measures as may be resolved on by the United States assembled, in Pursuance of the Powers hereby given to them—To draw upon the Treasurers for such Sums as may be appropriated by the United States assembled, and for the Payment of such Contracts as the said Council may make in Pursuance of the Powers hereby given to them—To superintend and controul or suspend all Officers civil and military, acting under the Authority of the United States—In Case of the Death or Removal of any Officer within the Appointment of the United States assembled, to employ a Person to fulfill the Duties of such Office until the Assembly of the States meet—To publish and disperse authentic Accounts of military Operations—To summon an Assembly 0139 554 of the States at an earlier Day than that appointed for their next Meeting, if any great and unexpected Emergency should render it necessary for the Safety or Welfare of the United Colonies or any of them—To prepare Matters for the Consideration of the United States, and to lay before them at their next Meeting all Letters and Advices received by the Council, with a Report of their Proceedings—To appoint a proper Person for their Clerk, who shall take an Oath of Secrecy and Fidelity, before he enters on the Exercise of his Office—Seven Members shall have Power to act—In Case of the Death of any Member, the Council shall immediately apply to his surviving Colleagues to appoint some one of themselves to be a Member thereof till the Meeting of the States, and if only one survives, they shall give him 1

1 This word omitted in the printed version.

immediate Notice, that he may take his Seat as a Councilor till such Meeting. 2

2 “Q. If the Secretary of the Congress should not be Secretary to the Council of States to prevent unnecessary Expence and the Discovery of Secrets—It would also promote the Despatch of Business.” J. D .

Art . XX. Canada acceding to this Confederation, and entirely joining in the Measures of the United Colonies, shall be admitted into and entitled to all the Advantages of this Union: But no other Colony shall be admitted into the same, unless such Admission be agreed to by the Delegates of nine Colonies.

These Articles shall be proposed to the Legislatures of all the United Colonies, to be by them considered, and if approved by them, they are advised to authorize their Delegates to ratify the same in the Assembly of the United States, which being done, the Articles of this Confederation shall inviolably be observed by every Colony, and the Union is to be perpetual: Nor shall any Alteration be at any Time hereafter made in these Articles or any of them, unless such Alteration be agreed to in an Assembly of the United States, and be afterwards confirmed by the Legislatures of every Colony. 3

3 “Q. If there should not be a solemn Oath taken by every Colony, or its Delegates, authorized for that Purpose, by the respective Legislatures, to observe and abide by all and similar the Articles of this Confederation?” J. D .

The following paper is in the Franklin Manuscripts in the Library of Congress. Although the document itself is not in the writing of Franklin, there is a slip of paper on which he wrote:

“This Paper was drawn up by B. Franklin in 1776, he being then President of the Convention of Pennsylvania; but he was dissuaded from endeavouring to carry it through, from some prudential Considerations respecting the necessary Union at that time of all the States in Confederation”

The paper must have been prepared in the interval between July 12 and August 20, the dates of the submission to Congress of the first form of the Confederation and of the rising of the Pennsylvania Convention.

“We the Representatives of the State of Pennsylvania in full Convention met, having duly Considered the plan of Confederation formed in Congress, and submitted to the several States, for their Assent or Dissent, do hereby declare the Dissent of this State to the same for the following reasons viz t .

1st Because the foundation of every Confederation intended to be lasting, ought to be laid in Justice and Equity, no unfair Advantage being given to, or taken by, any of the Contracting parties.

“2 d Because it is, in the Nature of things, just and equal, that the respective States of the Confederacy should be represented in Congress, and have Votes there in proportion to their Importance, arising from their Numbers of People, and the Share and degree of Strength they afford to the United Body. And therefore the xvii th Article (1 Note) which gives one Vote to the smallest State and no more to the largest when the difference between them may be as 10 to 1, or greater, is unjust, and injurious to the larger States, since all of them are by other Articles obliged to Contribute in proportion to their respective abilities.

“Note 1. This since forms Part of the 5th Article of the Confederation as agreed to by all the States, except Maryland,—on the 9th July 1778:—and finally ratified by the whole Union, on the 1st March 1781.—(the State of Maryland acceding thereto)” William Temple Franklin , on original manuscript. From the Franklin Manuscripts in the Library of Congress, folio 293.

“3 d Because the Practice hitherto in Congress, of allowing only one Vote to each Colony, was originally taken up under a Conviction of its Impropriety and Injustice, was intended to be in some future time Corrected, and was then and since submitted to only as a Temporary Expedient, to be used in ordinary Business, until the means of rectifying the same could be obtained; This clearly appears by the Resolve of Congress dated Sept 6, 1774 being the day of its meeting which Resolve is in these Words: “That in determining Questions in this Congress, each Colony or Province shall have one Vote, the Congress not being possessed of, or at present able to procure proper Materials, for Ascertaining the Importance of each Colony.” That Importance has since been supposed to be best found in the Numbers of the People, for the Congress not only by their Resolution when the Issuing of bills was agreed to, but by this present Confederation, have judged that the Contribution towards sluicing those Bills and to the common Expence should be in proportion to such Numbers when they could be taken, which has not yet been done; And tho the larger Colonies submitted to this temporary Inequality of Representation, expecting it would much sooner have been rectifyed, it never was understood that by the resolution above cited a power was given to the smaller States to fix that Inequality upon them forever, as those small States have now attempted to do by Combining to vote for this 17th Article, and thereby to deprive the larger States of their just right, acknowledged in the same resolution. And the smaller States having given us in Advance, this Striking Instance of the Injustice they are capable of, and of the possible Effects of their Combination, is of itself a sufficient reason for our determining not to put ourselves in their power by agreeing to this Article, as it stands connected with those concerning the Quota's of each State, since being a Majority of States in Congress, they may by the same Means at any time deprive the larger States of any Share in the Disposition of our Strength and Wealth, and the Management of our Common Interests.

“But as the smaller Colonies, may object, that if the larger are allowed a Number of Votes in proportion to their Importance, the smaller will then be equally in danger of being overpowered and governed by them, We not having the least desire of any Influence or Power that is unjust or unequal or disproportioned to the Burthens we are to bear, do hereby offer our Consent to the said 17 th Article as it now stands, provided the Quotas to be contributed by the larger Provinces, shall be reduced to an equallity with the smallest—in which Case all by Contributing equally will have a right to equal Votes. Not that we mean thereby to avoid granting additional Aids, when the Exigenee of our common Interests shall appear to us to make them proper and Necessary, but leaving to the Congress, with regard to such additional Aids, the right of making Requisitions as enjoy'd by our late Kings, we would reserve to ourselves the right of Judging of the Propriety of these Requisitions, or of Refusing or Complying with them in part, or in the whole, as to us shall seem best, and of modifying our Grants with such Conditions as we shall Judge Necessary, in like Manner as our Assemblies might formerly do with regard to Requisitions from the Crown. For it appears to us Just and reasonable, that we should retain the Disposition of what Strength we have, above the equal Proportion, contributed as aforesaid by our State to the Common Service; with every power necessary to apply the same, as Occasions may arise, for our particular Security; This we mean to do from this time forward, unless we are allowed Votes in Congress, proportioned to the Importance of our State, as was originally intended.

Signed by Order of the Convention”

William Temple Franklin has added the following note:

“Tho' this Protest was not acted upon for the Reasons previously assigned by Dr Franklin, it serves however to shew his Opinion, and arguments in support of a very important question of American Legislation, and is an additional feature of his political Mind.”

0140 555

Resolved , That eighty copies, and no more, of the confederation, as brought in by the committee, be immediately printed, and deposited with the secretary, who shall deliver one copy to each member:

That a committee of be appointed to superintend the press, who shall take care that the foregoing resolution [ unfinished ]

That the printer be under oath to deliver all the copies, which he shall print, together with the copy sheet, to the secretary, and not to disclose either directly or indirectly, the contents of the said confederation:

That no member furnish any person with his copy, or take any steps by which the said confederation may be 0141 556 re-printed, and that the secretary be under the like injunction.

The committee appointed to take into consideration the memorial of the director general of the American hospital, brought in their report, which was read:

Ordered , To lie on the table.

Resolved , That Mr. [Francis] Hopkinson be added to the Marine Committee:

Resolved , That the secretary be empowered to employ an assistant clerk.

The committee on the treasury, to whom the account of Dr. Benjamin Franklin, one of the commissioners to Canada, was referred, reported, that there is due to said 0142 557 Dr. Franklin, the sum of £457 19=1,221 18/90 dollars; of which

560 dollars be charged to General Arnold:

124 do. advanced to Charles Carroll, of Carrollton, Esq r .

164 do. and 78/90ths, paid for bedding, &c. for the use of the commissioners, and which now remains deposited with the commissary of stores in Albany, and the remainder

372 dollars and 30/90ths, expended by Messrs. Franklin and J. Carroll, in their journey to, and from, and in, Canada:

Ordered , That the said account be paid.

Adjourned to 9 o'Clock on Monday next. 1

1 A petition from Francis Mentges, was read this day, and “ordered to lie.” It was later referred to the delegates of Pennsylvania and Maryland. The petition is in the Papers of the Continental Congress , No. 42, V, folio 5.

The Congress being called together on

SUNDAY, JULY 14, 1776

Two letters from General Washington, dated 11 and 12th July, were laid before Congress, and read. 1

1 These letters are in the Papers of the Continental Congress , No. 152, II, folios 197 and 213. They are printed in Writings of Washington (Ford), IV, 237, 242.

Resolved , That an order for 20,000 dollars be drawn on the treasurers in favour of Colonel Clement Biddle, deputy quarter master general for the use of the flying camp and militia ordered to the Jerseys; he to be accountable:

That Col. Biddle ∥be directed to∥ use every method to forward the flour at Trenton to the places where it is wanted:

That Col. Biddle be empowered to appoint one assistant:

That Col. Biddle be directed to furnish tents, camp kettles, and canteens for an army of 20,000 men, including such of those articles, he has already received from Mr. James Mease:

That Col. Biddle be directed to employ an armourer or armourers for the army in New Jersey:

That application be made to the convention of New Jersey to supply all the lead they possibly can for the flying camp and militia:

That application be made to the committee of safety of Pensylvania, desiring them to supply the flying camp, and militia, in the Jerseys, with as many musket cartridges, well balled, as they can possibly spare:

That the Secret Committee be directed to supply the committee of safety of Pensylvania, with a quantity of powder, equal to that spared to the Continent in cartridges:

That an express be sent to overtake the powder wagons going to Virginia, with a letter to Colonel Fielding Lewis, to send in the return wagons, all the lead he can collect at Fredericksburg:

0144 559

That the committee, or council of safety of Virginia, be requested to send to Philadelphia, by the return of the wagons, as much of the lead they now have at Williamsburgh, as they can spare, and to order from the mines 15 or 20 tons more of lead to Philadelphia, as soon as possible:

That a letter be written to the commanding officer in the Jerseys, to march such of the militia, and flying camp, to Brunswick or other places in the Jerseys, as he may judge necessary, and most conducive to the public service; provided it does not interfere with any prior directions of General Washington:

That the committee of safety of Pensylvania be requested, immediately, to order to the several places of their destination, all the British officers, prisoners, in this city: their ladies not to be desired to go until the weather is more suitable:

That the commanding officer in Pensylvania be desired to issue fresh orders, and exert himself, to forward the immediate march of the militia to New Jersey: The service requiring their being immediately embodied, as appears by the advices received by express from General Washington:

That the deputy quarter master general be directed to request the use of some house of public worship, to cover the troops during their short stay in this city.

Adjourned to 9 o'Clock to Morrow.

MONDAY, JULY 15, 1776

Sundry letters were laid before Congress, and read, viz.

One from Mr. J. Jay, of the 6th, enclosing a memorial from Samuel Tredwell Pell, of the manor of Pelham:

One from the committee of Lancaster, of the 11: and

One from the committee of Reading, of the 13th; and,

0145 560

Two from the convention of New York, of the 11th, with sundry papers enclosed; 1 among which the following resolutions:

1 The letter from John Jay is in the Papers of the Continental Congress , No. 78, XIII, folio 27. That of the committee of Lancaster is in No. 69, J, folio 173. That of the committee of Reading is in No. 68, I, folio 177. Those of the Convention of New York are in No. 67, I, folios 232, 252.

“ In convention of the representatives “of the state of New York , “ White Plains, July 9, 1776 .

“ Resolved unanimously , That the reasons assigned by the Continental Congress for declaring the United Colonies Free and Independent States, are cogent and conclusive; and, that while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same, and will, at the risque of our lives and fortunes, join with the other colonies in supporting it.

“ Resolved , That a copy of the said declaration and the aforegoing resolution be sent to the chairman of the committee of the county of Westchester with orders to publish the same with beat of Drum, at this place, on Thursday next, and to give directions, that it be published with all convenient speed in the several districts of the county; that copies also be sent to the chairman of the several counties within the state of New York with orders to cause the same to be published in the several districts of their respective counties.

“ Resolved unanimously , That the delegates of this state, in the Continental Congress, be, and they hereby are authorized to concert and adopt all such measures as they may deem conducive to the happiness and welfare of the United States of America.

“Extract from the minutes,

“ Robert Benson , Secretary .”

Resolved , That the letters from the convention of New York, with the papers enclosed, be referred to the Board of War:

Resolved , That the letters of General Washington of the 10, 11, and 12, be referred to the Board of War.

Resolved , That the Committee of Safety of Pensylvania be impowered to pay to the officers ordered from 0146 561 New Jersey to Pensylvania, the money ordered by Congress to be advanced for subsistance. 1

1 This resolution has reference to prisoners of war. In the margin of the Journal is written: “This paid by Congress.”

Resolved , That the case of the officers ordered from New Jersey to Pensylvania, be referred to the Board of War, and that they be directed to examine into the conduct of said officers, and their servants; and to order them to such places, and to be disposed of in such manner, as they shall think proper.

Resolved , That the sum of £16 10, lawful money,=[55 dollars] be paid to Major Henry Sherburne, for his expences from the 6th of June, the time he left Canada, to this day, with a farther allowance of eight days expences to join his regiment.

Resolved , That two members be elected for the Board of Treasury, in the room of two who are absent.

The members chosen, Mr. P[hilip] Livingston and Mr. [George] Read.

A letter from an officer of Colonel Hazen's batallion, was laid before Congress, and read.

Resolved , That it be referred to the committee appointed to inquire into the causes of the miscarriages in Canada.

A petition and memorial of Captain James Ross, was laid before Congress and read:

Resolved , That the same be referred to the Committee of Claims.

Resolved , That it be recommended to P[atrick] Henry, Esq. governor of Virginia, to give orders for manning and sending to sea, under convoy, the brig Fanny , Captain Tokely, which is loaded on account of the Continent.

Resolved , That a committee, to consist of one or more members of Virginia, Maryland, Delaware, Pensylvania 0147 562 and New Jersey, be appointed to consider the propriety and means of augmenting the flying camp:

The members chosen, Mr. [Thomas] Jefferson, Mr. [Thomas] Stone, Mr. [George] Read, Mr. [John] Morton, and Mr. [Richard] Stockton. Resolved , That the batallion which is to garrison the posts of Presque Isle, Le Beuf, and Kittanning, be raised in the counties of Westmoreland and Bedford, in Pensylvania, in the following proportions, to wit: seven companies in Westmoreland, and one company in Bedford:

That the commissioned officers of the several companies, be appointed by the committee of the county in which they are to be raised.

Resolved , That to morrow be assigned for appointing the field officers of said batallion and of the German batallion.

Resolved , That a chief physician be appointed for the flying camp, and that his pay be four dollars per day:

The ballots being taken [and examined,]

William Shippen, Jun r . was elected.

Resolved , That to morrow be assigned for the appointment of a commissary of military stores, and deputy adjutant general for the flying camp.

Resolved , That Thursday morning be assigned for taking into consideration the report of the committee of ways and means.

Resolved , That Alexander M'Donald, son of Captain M'Donald, be liberated on his parole, and allowed to reside with his father.

A petition from John Hannum, was presented to Congress, and read.

Resolved , That the same, together with the papers accompanying it, be referred to the Secret Committee.

Adjourned to 9 o'Clock to Morrow.

TUESDAY, JULY 16, 1776

Sundry letters were laid before Congress, [and read, viz.]

One from Brigadier General Sullivan, of the 2d, from Crown Point:

One from General Washington, of the 14th:

One from the committee of Lancaster, of the 13th: 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 217. It is printed in Writings of Washington (Ford), IV, 247. That of Sullivan is in No. 160, folio 15. That of the Committee of Lancaster is in No. 69, I folio 181.

One from Samuel Blackden, [Blagden] of the 16:

Resolved , That the letter from General Washington be referred to the Board of War:

Resolved , That the letter from Samuel Blackden be referred to the Board of Treasury to the deputy pay master and deputy commissary general in the northern department.

Resolved , That General Washington be desired to lodge powder with such persons as he may think proper, for the use of such parts of the state of New York, as he may apprehend exposed to danger, and that the commanding officer in New Jersey do the same in that colony; and that General Washington, and the said commanding officer in New Jersey, be empowered to draw, from Messrs. Wisner, Livingston and Ford's powder mills, any powder which may be requisite for these purposes, or for the use of their respective camps.

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

Resolved , That there be appointed, by the commanding officer of each regiment in the continental army, a serjeant major, quarter master serjeant, drum major and fife major, who shall respectively hold no other appointment but those before mentioned, and that their pay be one dollar 0149 564 a month each, more than that allowed to a Serjeant, Drum or Fife in the said regiments:

That a beating warrant be made out to Mr. John Doyle, to be a captain of a company of rifflemen to be raised for three years, unless sooner discharged by Congress; his commission to be given him as soon as his company is full:

That a pay master be appointed to each regiment in the army of the United States, with a salary of 26 dollars and two thirds of a dollar a month. 1

1 See a letter from Elbridge Gerry to General Gates, 25 June, 1776, in Force, American Archives , Fifth Series, I, 21.

That the application to Congress from Mr. Rowland Chambers, desiring to be appointed pay master to the Jersey troops at New York, cannot be complied with, as such an appointment would interfere with the duty of the pay master general, within whose department it properly lies:

That half a dollar per week be allowed to each man of the Connecticut light horse, who has joined the army at New York, for the maintenance of his horse, for so long time, only, as the general shall think it necessary for such horses to continue in the service:

That General Schuyler be directed to take every possible precaution to cleanse the army, under his command, from the infection of the small pox:

That it be recommended to the provincial convention of Pensylvania, now sitting, to take such measures as they may judge proper and necessary, for procuring as much lead, within that Colony [state,] as can be obtained for the supply of the flying camp:

That three commissioners be appointed by Congress, to repair, as soon as may be, to New York, there to audit the accounts of the commissary general, quartermaster 0150 565 general, and director general of the hospital, and all other accounts of the army; the said commissioners to take an oath for the faithful execution of their trust:

That three commissioners be appointed, for the like purposes, in the northern army:

That General Washington be informed, that the bounty granted by the resolution of Congress of the 26 June, was intended as a general regulation, and to extend to all such men, now in the continental service, and all others, who will inlist for the term of three years, to be computed from and after the expiration of the term of their present inlistment.

Resolved , That Monsieur Kirmovan be appointed an engineer in the continental service, with the pay of 60 dollars per month, and the rank of lieutenant colonel:

That he be ordered immediately to repair to New Jersey, and put himself under the command of the officer commanding the flying camp.

Resolved , That Richard Humpton be employed in the continental service, with the rank and pay of lieutenant colonel:

That Samuel Dawson be employed in the continental service, with the rank and pay of captain:

That they be ordered immediately to repair to New Jersey, and put themselves under the command of the officer commanding the flying camp.

Resolved , That General Washington be desired to call to his assistance, at New York, two thousand of the men who have marched into New Jersey to form the flying camp; and that the convention of New Jersey be requested immediately to supply their places with an equal number of the militia of that state: that letters be written to the states of Massachusetts bay, Connecticut and New Jersey, setting forth the situation of our affairs in the New York 0151 566 department, and pressing them immediately to comply with the requisition of Congress of the 3d of June:

That the situation of our army at New York be pointed out to the state of Connecticut; and thai it be earnestly recommended to that state, immediately to send all the militia thereof, which can be spared, into New York, to reinforce the army there, and continue in service until the proportions requested of the several states arrive.

The Congress proceeded to the election of a commissary of military stores ∥for the flying camp∥; and, the ballots being taken, Benjamin Flower, Esq r . was elected.

A letter from Samuel Chase, Esq. of the 8 July, was laid before Congress, and read:

Resolved , That the same, together with the petition of Mr. Mentges, read the 12th, be referred to the delegates of Pensylvania and Maryland.

A petition from Captain Benedict was presented to Congress, and read; [Whereupon,]

Resolved , That a copy thereof be sent to General Schuyler, and that he be desired to order the accounts of Captain Benedict to be settled and paid, or to inform Congress of the reasons why payment ought to be withheld.

Resolved , That Mr. [Henry] Wisner be empowered to employ a proper person to manufacture gun flints. 1

1 On July 16 John Alsop sent his resignation to the New York Convention, disapproving the Declaration of Independence.

∥Adjourned to nine o'clock to-morrow.∥

WEDNESDAY, JULY 17, 1776

Resolved , That the Secret Committee be directed immediately to deliver to Mr. Mease, to be sent forward to Colonel Moylan, quarter master general, half a ton of saltpetre.

0152 567

Sundry letters were laid before Congress, and read, [viz.]

One from the convention of New York, 12 July, with sundry papers enclosed; referred to the Board of War:

A letter from Brigadier General Wooster;

A letter from Carpenter Wharton, of the 15; Whereupon,

Resolved , That an order for 15,000 dollars be drawn on the treasurers, in favour of Carpenter Wharton; he to be accountable.

A letter from Richard Ellis, of the 11. 1

1 The letter from the convention of New York is in the Papers of the Continental Congress , No. 67, I, folio 254. That from Ellis is in No. 78, VIII, folio 251. That from Wharton is in No. 78, XXIII, folio 297.

The Board of War, to whom the letter of General Washington, of the 14, was referred, brought in a report, which was taken into consideration; Whereupon,

Resolved , That General Washington, in refusing to receive a letter said to be sent from Lord Howe, addressed to “George Washington, Esq r .” acted with a dignity becoming his station; and, therefore, this Congress do highly approve the same; and do direct, that no letter or message be received, on any occasion whatsoever, from the enemy, by the commander in chief, or other, the commanders of the American army, but such as shall be directed to them in the characters they respectively sustain. 2

2 Printed in the Pennsylvania Gazette , 27 July, 1776.

Ordered , That the above be published.

The president informed Congress, that he had been under the disagreeable necessity of committing Captain Gamble to prison, on account of his ill behaviour; Whereupon,

Resolved , That the Board of War be directed to enquire into the conduct of Captain Gamble, since he was made prisoner of war, and report specially to Congress.

0153 568

The Congress took into consideration the report of the committee on the memorial of the director general of the American hospital; Whereupon,

Resolved , For the better Government of the general Hospital of the American Army, for explaining and ascertaining more fully the duties of the Director General, the directors of Hospitals, the Surgeons and Mates, both Hospital and Regimental:

Resolved , That the number of hospital surgeons and mates be increased, in proportion to the augmentation of the army, not exceeding one surgeon and five mates to every five thousand men, to be reduced when the army is reduced, or when there is no further occasion for so great a number:

That as many persons be employed in the several hospitals, in quality of store keepers, stewards, managers, and nurses, as are necessary for the good of the service, for the time being, to be appointed by the directors of the respective hospitals:

That the several regimental chests of medicines, and chirurgical instruments, which now are or hereafter shall be, in the possession of the regimental surgeons, be subject to the inspection and enquiry of the respective directors of hospitals, and the director general; and that the said regimental surgeons shall, from time to time, when thereto required, render account of the said medicines and instruments to the said directors, or if there be no director in any particular department, to the director general; the said accounts to be transmitted to the director general, and by him to this Congress; and the medicines and instruments not used by any regimental surgeon, to be returned when the regiment is reduced, to the respective directors, and an account thereof by them rendered to the director general, and by him to this Congress:

0154 569

Resolved , that an Additional Apothecary with such Number of Mates as the Service may require, be allowed, under the Title of Apothecary to the Army, and in subordination to the General Hospital Apothecary of the General Hospital. 1

1 A paragraph that was not retained.

That the several directors of hospitals, in the several departments, and the regimental surgeons, where there is no director, shall transmit to the director general regular returns of the number of surgeons' mates, and other officers employed under them, their names and pay; also, an account of the expences and furniture of the hospital under their direction; and that the director general make report of the same, from time to time, to the commander in chief, and to this Congress:

That the several regimental and hospital surgeons, in the several departments, make weekly returns of their sick to the respective directors in their departments:

That no regimental surgeon be allowed to draw upon the hospital of his department, for any stores except medicines and instruments; and that, when any sick persons shall require other stores, they shall be received into the said hospital, and the rations of the said sick persons be stopped, so long as they are in the said hospitals; and that the directors of the several hospitals report to the commissary the names of the sick, when received into, and when discharged from the hospital, and make a like return to the Board of Treasury:

That all extra expences for bandages, old linen, and other articles necessary for the service, incurred by any regimental surgeon, be paid by the director of that department, with the approbation of the commander thereof:

That no more medicines belonging to the continent be be disposed of by sale till the Army is fully supplied, till further order of Congress:

0155 570

Resolved , that no Surgeon or Surgeon's Mate shall receive a Commo as such in the Army, without having first undergone an Examination by the director of the Hospital of the Department in which he may desire employment or the director Genl and obtained a Certificate from the Commdr and director of that department, or the Director Genl, of his Abilities and knowledge in his business. 1

1 A paragraph that was not retained.

That the pay of the hospital surgeons be increased to one dollar and two thirds of a dollar by the day; the pay of the hospital mates be increased to one dollar by the day; and the pay of the hospital apothecary to one dollar and two thirds of a dollar by the day; and that the hospital surgeons and mates take rank of regimental surgeons and mates:

Resolved , that the Storekeepers of the several Hospitals be paid by the month, and the Stewards and Managers of the said Hospitals be paid by the Month a sum not exceeding dollars. 1

Resolved , that the duties and priviledges of the Surgeons and Mates, not heretofore particularly ascertained, be conformable to the established Usage of other well regulated Armies, as far as is consistent with the Good of the Service, until otherwise settled and directed by this Congress. 1

Resolved , that the Appointments of Surgeons [Surgeons Mates] Storekeepers, Stewards, Managers and Nurses, heretofore mentioned, shall be made by the Director General in the Northern and Eastern Departments; and of the Middle department by the Director, which may hereafter be app'd in that dep't; and in the Southern Dep't by the director of that dep't with the approba. of the Commandr of the respect departments. 1

Resolved , that it be recomend to Congress to purchase the Medicines [now in Phila] belonging to Doctor Morgan. 1

Resolved , that in all levies of Troops hereafter to be raised for the Service of the Continent a stoppage of out of the months pay of each Man be made for the Use and support of the several Continental Hospitals. 1

That the director general, and the several directors of hospitals, be empowered to purchase, with the approbation 0156 571 of the commander of the respective departments, medicines, and instruments for the use of their respective hospitals, and draw upon the pay master for the same, and make report of such purchases to Congress. 1

1 This report, in the writing of Thomas Stone, is in the Papers of the Continental Congress , No. 19, IV, folio 181.

Resolved , That the second paragraph in the third page of the report be recommitted.

Resolved , That Nicholas Hausegger be appointed colonel; George Stricker, lieutenant colonel; Ludowick Weltner, major of the German batallion:

Resolved , That another company be added to the German batallion:

That John David Woelper be appointed to command said company.

Resolved , That Samuel Brady be first lieutenant, William M'Murray, second lieutenant, Henry Fortney, third lieutenant, of the independent company commanded by Captain Doyle.

The Congress proceeded to the election of a deputy pay master general for the flying camp; and the ballots being taken,

Richard Dallam, Esq r . was elected.

Resolved , That Colonel Smallwood, of the Maryland troops, be ordered to repair, with the troops under his command, to New York as soon as possible, and put himself under the command of the General:

That the General be informed that these troops are to be considered as part of the two thousand which he was empowered to call to his assistance from the flying camp, by the resolution of yesterday.

Resolved , That it be earnestly recommended to the convention of New Jersey, to cause all the stock on the sea coast, which they shall apprehend to be in danger of 0157 572 falling into the hands of the enemy, to be immediately removed, and driven back into the country to a place of safety.

Resolved , That a committee of three be appointed to revise the journals, and direct what part of it ought to be published:

The members chosen, Mr. [Thomas] Jefferson, Mr. [Thomas] Lynch, [jun.] and Mr. [Francis] Hopkinson.

Resolved , That the Secret Committee appointed on the 11th of this month, be directed to apply to the convention of Pensylvania, now sitting, and request them to appoint a select committee of their body, to confer with them on a matter of importance relating to their colony.

A petition from Jean Baptiste de Vidal, of Canada, was presented to Congress, and read:

Resolved , That it be referred to a committee of five, and that they be directed to enquire into the character of the petitioner, and all others in similar circumstances, applying for relief, and report to Congress:

The members chosen, Mr. [Benjamin] Rush, Mr. [William] Paca, Mr. [Thomas] Heyward, Mr. [Samuel] Chase, and Mr. [George] Walton.

Resolved , That Mr. J[ohn] Adams, Mr. [Benjamin] Harrison, and Mr. [Robert] Morris, be a committee to bring in a resolution for subjecting to confiscation the property of the subjects of the crown of Great Britain, and particularly the inhabitants of the British West Indies, taken on the high seas, or between high and low water mark.

The Congress took into consideration the report of the committee on the rules and orders for the government of this house; Whereupon,

0158 573 Resolved , That the following rules be observed:

1. So soon as nine Colonies [states] are present in the house, the Congress proceed to business. 1

1 This paragraph is in the writing of John Hancock.

2. No member shall depart from the service of the house, without permission of the Congress, or order from his constituents.

3. No member shall read any printed paper in the house during the sitting thereof, without leave of the Congress.

4. When the house is sitting, no member shall speak or whisper to another, so as to interrupt any member who may be speaking in the debate.

5. Every member, when he speaks, shall rise from his seat, and address himself to the chair, and when he has finished, shall sit down again. 2

2 In the original report this paragraph read: “Every person shall speak from his seat, and when not speaking, shall continue therein.”

6. No member shall speak more than twice in any one debate, without leave of the house.

7. When two members rise together, the president shall name the person to speak.

8. No motion shall be debated, until the same be seconded.

9. When a motion shall be made, and seconded, it shall be reduced to writing, if desired by the president or any member, delivered in at the table, and read by the president, before the same shall be allowed to be debated.

10. When a motion is made and seconded, the matter of the motion shall receive a determination by the question, or be laid aside, by general consent, or postponed by the previous question, before any other motion be received.

0159 574

11. If a question in a debate contain more parts than one, any member may have the same divided into as many questions as parts.

12. No person shall be appointed to any office of profit, unless he shall have the consent of seven colonies [states,] nor shall any ballot be counted, unless the person for whom the ballots shall be given, be first named to the house, before the balloting be gone into. 1

1 See p. 532, ante .

Adjourned to 9 o'Clock to Morrow.

THURSDAY, JULY 18, 1776

The Delegates from Maryland laid before Congress the credentials of a new appointment made by their convention, which were read as follows:

“ In Convention, Annapolis , July 4, 1776 .

“ Resolved , That the honorable Matthew Tilghman, Esq r . and Thomas Johnson, Jun. William Paca, Samuel Chase, Thomas Stone, Charles Carroll, (of Carrollton,) and Robert Alexander, Esqrs. or a Majority of them, or of any three or more of them, be Deputies to represent this Colony in Congress, in as full and ample Manner as the Deputies of this Colony might have done under any appointment heretofore made, untill the next Convention shall make farther order therein. Extract from the Minutes:

G. Duvall , Clerk .” 2

2 The original is in the Papers of the Continental Congress , Maryland, Credentials of Delegates .

A letter from General Washington, of the 15th, was laid before Congress, and read; and also, sundry intercepted letters from Lord Howe to Governors Franklin, Penn, Eden, Dunmore, Martin and Wright, together with sundry letters to several private persons: 3

3 Washington's letter is in the Papers of the Continental Congress , No. 152, II, folio 225. It is printed in Writings of Washington (Ford), IV, 258.

0160 575

The several letters being opened by order of Congress,

Resolved , That the letters from Lord Howe, with the proclamations enclosed, be referred to a committee of three;

The members chosen, Mr. [Thomas] Jefferson, Mr. [Robert Treat] Paine and Mr. [Charles] Carroll.

Resolved , That a committee of three be appointed to examine the private letters, and deliver to the persons to whom directed, such of said letters as contain nothing but private matters. 1

1 The manuscript Journals do not indicate the members of this committee; but the printed Journals show that they were the same as were just named for the committee on Howe's letters.

A letter of the 17th from General Washington, together with sundry despatches from General Schuyler;

Also, a letter from Brigadier General Mercer, of the 16, were received and read: 2

2 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 233. It is printed in Writings of Washington (Ford), IV, 260. That of Mercer is in No. 159, folio 143.

Resolved , That the said letters be referred to the Board of War.

A letter of the 14 July, from the committee of inspection for the county of Cumberland, was read; Whereupon,

Resolved , That an order for two thousand six hundred dollars be sent to the committee of inspection and observation for the county of Cumberland, for the use of the troops raising in that county for the flying camp; the said committee to be accountable.

Resolved , That a member be added to the Board of War:

The ballots being taken, Mr. Charles Carroll of Carrollton was elected.

The committee appointed to prepare a plan of treaties to be entered into with foreign states or kingdoms, brought in a report, which was read:

0161 576

PLAN OF TREATIES. 1

1 The original draft of this report, with the forms and certificates appended, all in the writing of John Adams, is in the Papers of the Continental Congress , No. 47, folios 129–149. The report was sent to the printer and two copies of the printed form are in the same volume, folios 151 and 161. One was used during the discussion for noting the action taken, and the other contains manuscript notes by James Wilson. Wilson probably used his copy in preparing the Instructions, printed under September 24. The printed report was substantially the document prepared by Adams, save that the King or the United States are never mentioned by name. Thus the first article reads in print: “There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between A. and B. and the subjects of A. and of B. and between the countries, islands, cities and towns situate under the jurisdiction of A. and of B. and the people and inhabitants thereof of every degree, without exception of persons or places; and the Terms herein after mentioned shall be perpetual between A. and B.” The first of the printed reports is designated as No. 1. in these notes and what is taken from the second will be noted as “James Wilson.” No. 1. carries an endorsement: “Plan of treaties, gone through in com ee of the whole Aug. 27, 1776, and recommitted, that instructions may be drawn conformable thereto. August 29, 1776. The Com ee farther empowered to prepare such instructions as to them shall seem proper and to make report thereof to Congress. The final form of the Plan is printed under September 17, post .

There 2 shall be a firm, inviolable, and universal Peace, and a true and sincere Friendship between the most serene and mighty Prince, Lewis the Sixteenth, the most Christian King, his Heirs and Successors, and the united States of America; and the Subjects of the most Christian King, and of the said States; and between the Countries, Islands, Cities, and Towns situate under the Jurisdiction of the most Christian King and of the said united States, and every of them, and the People and Inhabitants thereof of every degree; with out Exception of Persons or Places; and the Terms herein after mentioned shall be perpetual between the most Christian King, his Heirs and Successors, and the said united States.

2 In the margin is written: “Coll. of State Tracts, 109. Coll. of Sea Laws, 541.”

Art . 1. The Subjects of the most Christian King shall pay no other Duties or Imposts in the Ports, Havens, Roads, Countries, Islands, Cities, or Towns of the said united States, or any of Agreed them, than the Natives thereof, or any Commercial Companies established by them or any of them, shall pay, but shall enjoy all other the Rights, Liberties, Priviledges, Immunities, and Exemptions in Trade, Navigation and Commerce in passing from one Part thereof to another, and in going to and from 0162 577 the same, from and to any Part of the World, which the said Natives, or Companies enjoy. 1

1 “The 22d Article comes in here.” James Wilson .

Art . 2d. The Subjects, People and Inhabitants of the said united States and every of them shall pay no other Duties, or Imposts in the Pass'd 2

2 “The additional Resolution to follow this Article” is on margin of No. 1 of the printed reports.

Ports, Havens, Roads, Countries, Islands, Cities or Towns of the most Christian King, than the Natives of such Countries, Islands, Cities, or Towns of France, or any commercial Companies established by the most Christian King shall pay, but shall enjoy all other the Rights, Liberties, Priviledges, Immunities and Exemptions in Trade, Navigation and Commerce, in passing from one Part thereof to another, and in going to and from the same, from and to any Part of the World, which the said Natives, or Companies enjoy. 3

3 In the margin is written: “Q. Should there not be an exception of Asia, and perhaps of Africa.”

Art . 3. The most Christian King shall endeavour, by all the Means in his Power to protect and defend all Vessells, and the Effects belonging to the Subjects, People or Inhabitants of the said Pass'd 4

4 “A Resolution to be subjoined to this Article,” is on margin of No. 1.

united States, or any of them, being in his Ports, Havens, or Roads, or on the Seas, near to his Countries, Islands, Cities, or Towns, and to recover and restore, to the right owners, their Agents or Attornies, all such Vessells, and Effects, which shall be taken, within his Jurisdiction; and his Ships of War, or any Convoys sailing under his Authority, shall upon all occasions, take under their Protection all Vessells belonging to the Subjects, People or Inhabitants of the said united States, or any of them, and holding the same Course, or going the same Way, and shall defend such Vessells as long as they hold the same Course, or go the same Way against all Attacks, Force, and Violence, in the same manner, as they ought to protect and defend Vessells belonging to the Subjects of the most Christian King.

Art . 4. In like manner the said united States, and their Ships of War and Convoys sailing under their Authority shall protect and defend all Vessells and Effects belonging to the Subjects Pass'd of the most Christian King, and endeavour to recover and restore them, if taken within the Jurisdiction of the said united States, or any of them.

0163 578

Art . 5. The most Christian King and the said united States shall not receive, nor suffer to be received into any of their Ports, Havens, Roads, Countries, Islands, Cities or Towns, any Pirates, Pass'd or Sea Robbers, or afford, or suffer any Entertainment, Assistance, or Provision to be afforded to them, but shall endeavour by all Means, that all Pyrates, and Sea Robbers, and their Partners, Sharers, and Abettors be found out, apprehended, and suffer condign Punishment; and all the Vessells and Effects piratically taken, and brought into the Ports or Havens of the most Christian King, or the said united States, which can be found, altho they be Sold, shall be restored, or Satisfaction given therefor to the right owners, their Agents or Attornies demanding the same, and making the right of Property to appear by due Proof. 1

1 In the margin is written: “See all the Articles in Sea Laws from pa. 544 to 549. Art. 19, and 24 in pa. 542. Art. 10, in pa. 520. Art. 5, in p. 519, if proper.”

Art . 6. The most Christian King shall protect, defend and secure, as far as in his Power, the Subjects, People and Inhabitants of the said united States and every of them, and their Vessells Pass'd 2

2 “With additional R” is on margin of No. 1.

and Effects of every Kind, against all Attacks, Assaults, Violences, Injuries, Depredations or Plunderings by or from the King or Emperor of Morocco, or Fez, and the States of Algiers, Tunis and Tripoli, and any of them, and every other Prince, State and Power, on the Coast of Barbary in Africa and the Subjects of the said Kings, Emperors, 3

3 The printed report ends with this word of the text, adding “&c. in as full a manner, &c.”

or States, and Powers, and of every of them, in the same manner, and as effectually and fully, and as much to the Benefit Advantage Ease and Safety of the said united States and every of them, and of the Subjects, People, and Inhabitants thereof, to all Intents and Purposes, as the King and Kingdom of Great Britain, before the Commencement of the present War, protected, defended, and secured the People and Inhabitants of the said united States, then called the British Colonies, in North America, their Vessells and Effects, against all such Attacks, Assaults, Violences, Injuries, Depredations and Plunderings. 4

4 “If France should undertake an Expedition to recover what she lost in the West Indies during the last War with G. Britain, we will in that Expedition supply France with Provisions and refuse to supply any to G. Britain.

“Qu. Whether it would not be proper if it should be insisted upon, to accede to an exclusive Contract during a Term of—for Masts and naval Stores, as far as we can spare them?

“Qu. Whether it will not be proper to engage that the United States will not stipulate in Favour of G. Britain upon a Peace with her, Terms of Commerce more advantageous than they will stipulate in Favour of France.” James Wilson .

0164 579

Art . 7. If the most Christian King shall in Consequence of this Treaty, engage in a War with the King of Great Britain, the said united States, shall not assist the latter.

Art . 7. If, in Consequence of this Treaty, the King of Great Britain, should declare War, against the most Christian King, the said united States shall not assist Great Britain, in such P. P. 1

1 Postponed “for consideration” on margin of No. 1, and the last sentence of the article has been enclosed in ink lines.

War, with Men, Money, Ships, or any of the Articles in this treaty denominated Contraband Goods or in any other Way. And if France to favour the said united States shall join with them in their present War against Great Britain, they shall not make a seperate Peace. 2

2 Although this sentence is stricken out in the Adams manuscript, it appears in the printed report.

Art . 8. In Case of any War between the most Christian King and the King of Great Britain, the most Christian King, shall never invade, nor under any pretence 3

3 These three words were inserted by Charles Thomson. They are noted in the margin of No. 1 in his writing.

attempt to invade or get Possession for, to possess himself of Labradore, New Britain, Nova Scotia, Accadia, Canada, Florida, nor any of the Countries, Cities, or Towns, on the Continent of North America, nor of the Islands of Newfoundland, Cape Breton, St. John's, Anticosti 4

4 Wilson adds: “Bermudas nor Bahama Islands.”

, nor of any other Island lying near to the said Continent, in the Seas, or in any Gulph, Bay, or River, it being the true Intent and meaning of this Treaty, that the said united States, shall have the sole, exclusive, undivided and perpetual Possession of all the Countries, Cities, and Towns, on the said Continent, and of all Islands near to it, which now are, or lately were under the Jurisdiction of or Subject to the King or Crown of Great Britain, whenever the same can be invaded, and conquered by the said united States, or shall in any manner submit to or be shall be united or confederated with the said united States. 5

5 In No. 1 is inserted at this point, in the writing of Charles Thomson, the paragraph on fisheries that appears as Art. III in the final form, but it reads: “That A. be permitted to retain &c.”

0165 580

Art . 9. Nor shall the most Christian King, at any Time, make any Claim, or Demand's to the said Countries, Islands, Cities, and Towns mentioned in the next preceding Article, or any of them, or to any Part thereof, for, or on Account of any Assistance afforded to the said united States, in attacking or conquering the same, or in obtaining such a Submission, or Confederation as has been mentioned in the said Preceding Articles, nor on any other Account whatever. 1

1 Against this paragraph is written “rejected.” It appears in the printed form, but is stricken out with the pen in both No. 1 and the Wilson copy.

Art . 10. If in any War, the most Christian King, shall conquer, or get Possession of the Islands in the West Indies, now under the Jurisdiction of the King or Crown of Great Britain, or any Agreed of them, or any Dominions of the said King or Crown in Europe, any other Parts of the World, the Subjects, People and Inhabitants of the said united States, and every of them shall enjoy the same Rights, Liberties, Priviledges, Immunities and Exemptions in Trade, Commerce and Navigation to and from the said Islands, and Dominions, that are mentioned in the Second Article of this Treaty.

Art . 11. It is the true Intent and Meaning of this Treaty, that no higher or other Duties shall be imposed on the Exportation of any Thing of the Growth, Production, or Manufacture of Agreed the Islands in the West Indies now belonging or which may hereafter belong to the most Christian King, to the said united States, or any of them, than the lowest that arc or shall be imposed on the Exportation thereof to France or to any other Part of the World. 2

2 “Not to be insisted on if it will imperil the Treaty.” James Wilson .

Art . 12. It is agreed, by and between the said Parties that no Duties whatever more than per Gallon shall ever here Agreed after be imposed on the Exportation of Mollasses, from any of the Islands and Dominions of the most Christian King in the West Indies to any of these united States.

Art . 13. The Subjects, People, and Inhabitants of the said united States, or any of them, being Merchants and residing Agreed in France, and their Property, and Effects of every Kind, shall be exempt from the DreAr de Aubeine. 3

3 As illustrating the caution used in the printed report this paragraph is printed as follows: “The subjects or people of B. being merchants and residing in and their property and effects shall be exempt from .”

“Press this hard; but destroy not the Treaty for it.” James Wilson .

0166 581

Art . 14. The Merchant Ship of either of the Parties, which shall be making into a Port belonging to the Enemy of the other Ally, and concerning whose Voyage, and the Species of Goods on Agreed board her, there shall be just Grounds of Suspicion, shall be obliged to exhibit, as well upon the high Seas as in the Ports and Havens, not only her Passports, but like wise Certificates, expressly shewing that her Goods are not of the Number of those which have been prohibited, as Contraband. 1

1 “Ships carry'd into Port in Consequence of this Article on supposed [just] Grounds of Suspicion but proving innocent, shall be entitled to Satisfaction for the Expences and Damages by Delay, &c.” James Wilson .

Art . 15. That if by the exhibiting of the abovesaid Certificates, the other Party discover there are any of those Sorts of Goods, which are prohibited and declared Contraband, and consigned for Agreed a Port under the obedience of his Enemies, it shall not be lawful to break up the Hatches of such Ship, or to open any Chest, Coffers, Packs, Casks, or any other Vessells found therein or to remove the smallest Parcells of her Goods, whether such Ship belong to the Subjects of France, or the Inhabitants of the said united States, unless the lading be brought on Shore in the Presence of the officers of the Court of Admiralty, and an Inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same in any manner, untill after that due and lawfull Process shall have been had against such prohibited Goods, and the Court of Admiralty shall, by a Sentence pronounced, have confiscated the same, saving always as well the Ship itself, as any other Goods found therein, which by this Treaty, are to be esteemed free; neither may they be detained on Pretence of their being as it were infected by the prohibited Goods, much less shall they be confiscated as lawfull Prize: But if not the whole Cargo, but only Part thereof shall consist of prohibited or contraband Goods, and the Commander of the Ship shall be ready and willing to deliver them to the Captor who had discovered them, in such Case the Captor having received those Goods, shall forthwith discharge the Ship, and not hinder her by any Means freely to prosecute the Voyage on which she was bound. 2

2 “Enemies Goods on Board the Ships of either party liable to Capture.” James Wilson .

Art . 16. On the Contrary, it is agreed, that whatever shall be found to be laden 3

3 This word was printed “taken” in No. 1.

by the Subjects and Inhabitants of either Party, on any 0167 582 Ship belonging to the Enemy of the other, or to his Subjects, the whole, although it be not of the Sort of prohibited Goods, may be confiscated in the same Manner as if it belonged to Agreed the Enemy himself, except such Goods and Merchandises as were put on board such Ship before the Declaration of War, or even after such Declaration, if so be it were done without Knowledge of such Declaration. So that the Goods of the Subjects and People of either Party, whether they be of the Nature of such as are prohibited, or otherwise which, as, is aforesaid, were put on board any Ship belonging to an Enemy before the War, or after the Declaration of the Same, within the Time and without Knowledge of it, shall noways be liable to Confiscation, but shall well and truly be restored without delay to the Proprietors demanding the same—but so as that if the said Merchandises be contraband, it shall not be any Ways lawfull to carry them after wards to any Ports belonging to the Enemy.

Art . 17. And that more effectual Care may be taken, for the Security of the Subjects, and Inhabitants of both Parties, that they suffer no Injury by the Men of War or Privateers Agreed of the other Party, all the Commanders of the Ships of the most Christian King, and of the said united States and all their Subjects and Inhabitants, shall be forbid, doing any Injury, or Damage to the other Side; and if they act to the contrary, they shall be punished, and shall more over be bound to make Satisfaction for all matter of Damage, and the Interest thereof, by Reparation, under the Pain and Obligation of their Person and Goods.

Art . 18. All Ships, and Merchandises, of what Nature so ever, which shall be rescued out of the Hands of any Pirates, or Robbers on the high Seas, shall be brought into some Port of either Agreed State, and shall be delivered to the Custody of the officers of that Port, in order to be restored entire to the true Proprietor, as soon, as due and sufficient Proof shall be made, concerning the Property, thereof.

Art . 19. It shall be lawfull for the Ships of War of either Party and Privateers, freely to carry whither so ever they please, the Ships and Goods, taken from their Enemies, without being Agreed obliged to pay any Duty to the Officers of the Admiralty or any other Judges; nor shall such Prizes be arrested, or seized, when they come to, and enter the Ports of either Party; nor shall the Searchers, or other Officers of those Places search 0168 583 the same, or make Examination concerning the Lawfullness of such Prizes, but they may hoist Sail, at any Time and depart and carry their Prizes to the Place expressed in their Commissions, which the Commanders of such Ships of War shall be obliged to shew: on the Contrary, no Shelter, or Refuge shall be given in their Ports to such as shall have made Prize of the Subjects, People, or Property, of either of the Parties; but if such should come in, being forced by Stress of Weather, or the Danger of the Sea, all proper Means shall be vigorously used, that they go out, and retire from thence as soon as possible.

Art . 20. If any Ships belonging to either of the Parties, their People, or Subjects shall, within the Coasts or Dominions of the other, stick upon the sands or be wrecked, or suffer any other Agreed Damage, all friendly assistance and Relief shall be given to the Persons Ship wrecked, or such as shall be in danger thereof; and Letters of Safe Conduct shall likewise be given to them for their free and quiet Passage from thence, and the Return of every one to his own Country.

Art . 21. That in Case the Subjects and Inhabitants of Either Party, with their Shipping, whether public, and of War, or private and of Merchants be forced through Stress of Weather, Pur Agreed suit of Pirates or Enemies or any other urgent Necessity, for Seeking of Shelter and Harbour to retreat, and enter into any of the Rivers, Creeks, Bays, Havens, Roads, Ports, or Shores, belonging to the other Party; they shall be received and treated with all Humanity, and Kindness, and enjoy all friendly Protection and Help; and they shall be permitted to refresh and provide themselves, at reasonable Rates, with Victuals and all Things needfull for the Sustenance of their Persons, or Reparation of their Ships, and Conveniency of their Voyage; and they shall no Ways be detained or hindered from returning out of the said Ports or Roads, but may remove and depart when and whither they please, without any Lett or Hindrance;

Art . 22. The Subjects, Inhabitants, Merchants, Commanders of Ships, Masters and Mariners of the States, Provinces, and Dominions of each Party respectively, shall abstain and forbear to Agreed 1

1 In margin of No. 1 is written, in the writing of Charles Thomson: “to be transposed and placed so as immediately to follow the 8th.”

trade and fish in all Places possessed, or which shall be possessed by the other Party The most Christian 0169 584 Kings Subjects shall not fish in the Havens, Bays, Creeks, Roads, Coasts, or Places, which, the said united States hold or shall hereafter hold: and in like manner, the Subjects, People, and Inhabitants of the said united States, shall not fish in the Havens, Bays, Creeks, Roads, Coasts, or Places, which the most Christian King possesses, or shall hereafter possess; and if any Ship or Vessell shall be found trading fishing, contrary to the Tenor of this Treaty, the said Ship or Vessell, with its Lading, Proof being made thereof, shall be confiscated;—

Art . 23. For the better promoting of Commerce on both Sides, it is agreed, that if a War should break out between the Said two Nations, Six Months, after the Proclamation of War, shall be Agreed allowed to the Merchants, in the Cities and Towns where they live, for selling and transporting their Goods and Merchandizes; and if any Thing be taken from them, or any Injury be done them within that Term by either Party, or the People or Subjects of either, full Satisfaction shall be made for the Same.

Art . 24. No Subjects of the most Christian King, shall apply for, or take any Commission or Letters of Marque for arming any Ship or Ships to act as Privateers, against the said united States Agreed or any of them, or against the Subjects, People, or Inhabitants of the said united States or any of them, or against the Property of any of the Inhabitants of any of them, from any Prince, or State with which the said united States shall be at War: 1

1 In the margin is written: “comp. Coll. Treaties pa. 20.”

Nor shall any Citizen, Subject, or Inhabitant, of the said united States or any of them, apply for, or take any Commission or Letters of Marque for arming any Ship or Ships to act as Privateers, against the Subjects of the most Christian King or any of them, or the Property of any of them, from any Prince or State, with which the said King shall be at War: And if any Person of either Nation shall take such Commissions or Letters of Marque, he shall be punished as a Pirate.

Art . 25. It shall not be lawfull for any foreign Privateers not belonging [to] Subjects of the said most Christian King, nor Citizens of the said united States, who have Commissions from Agreed any other Prince or State, in Enmity with either Nation, to fit their Ships in the Ports of either the one or the other of the aforesaid Parties, to Sell what they have taken, or in any other manner whatsoever to exchange either Ships, Merchandizes, 0170 585 or any other Lading: neither shall they be allowed even to purchase Victuals, except such as shall be necessary for their going to the next Port of that Prince or State from which they have Commissions. 1

1 In the margin is written “pa. 4.” “This not to be insisted upon.” James Wilson .

Art . 26. It shall be lawfull for all and Singular the Subjects of the said most Christian King, and the Citizens, People, and Inhabitants of the said united States, to Sail with their Ships, with all Agreed manner of Liberty and Security; no distinction being made, who are the Proprietors of the Merchandizes laden there on from any Port, to the Places of those who now are, or hereafter shall be at Enmity with the most Christian King, or the united States. It shall likewise be lawfull for the Subjects and Inhabitants aforesaid, to sail with the Ships and Merchandizes aforementioned; and to trade with the same Liberty, and Security, from the Places, Ports, and Havens of those who are Enemies of both or either Party, without any opposition or Disturbance whatsoever, not only directly from the Places of the Enemy aforementioned to neutral Places; but also from one Place belonging to an Enemy, to another Place belonging to an Enemy, whether they be under the Jurisdiction of the same Prince or under Several: And it is hereby Stipulated that free Ships shall also give a Freedom to Goods, and that every Thing shall be deemed to be free and exempt, which shall be found on board the Ships, belonging to the Subjects of either of the Confederates; although the whole Lading or any Part thereof, should appertain to the Enemies of Either, Contraband Goods being always excepted. It is also agreed in like manner, that the same Liberty, be extended to Persons, who are on board a free Ship with this Effect, that although they be Enemies to both or either Party, they are not to be taken out of that free Ship, unless they are Soldiers, and in actual Service of the Enemies. 2

2 “This to be obtained if possible; but not to be insisted on so as to break off the Treaty.” James Wilson .

Art . 27. This Liberty of Navigation and Commerce shall extend to all Kinds of Merchandizes, excepting those only which are distinguished by the Agreed Name of Contraband: and under this Name of Contraband, or prohibited Goods, shall be comprehended Arms, Great Guns, Bombs with their Fuzees, and other Things belonging to them; Fire-Balls, Gunpowder, Match, Cannon Ball, Pikes, Swords, Lances, Spears, Halberds, Mortars, Petards, Granadoes, Saltpetre, Musketts, Muskett Balls, Helmets, 0171 586 Head Pieces, Breast Plates, Coats of Mail, and the like Kinds of Arms proper for arming Soldiers, Muskett-rests, Belts, Horses with their Furniture, and all other war like Instruments whatever. 1

1 Charles Thomson has written on the margin of No. 1, but struck out: “indigo and all other materials for dying.” It is also written on the Wilson copy.

These Merchandizes which follow, shall not be reckoned among Contraband or prohibited Goods; that is to Say, all Sorts of Cloths, and all other Manufactures woven of any Wool, Flax, Silk, Cotton, or any other Materials whatever; all Kinds of Wearing apparell, together with the Species whereof they are used to be made; Gold and Silver, as well coined as uncoined, Tin, Iron, Lead, Copper, Brass, Coals; as also Wheat and Barley, and any other Kind of Corn and Pulse; Tobacco, and likewise all manner of Spices; Salted and Smoaked Flesh, Salted Fish, Cheese and Butter, Beer, Oils, Wines, Sugars, and all Sorts of Salt; and in general, all Provisions which Serve for the Nourishment of Mankind, and the Sustenance of Life: Furthermore, all Kinds of Cotton, Hemp, Flax, Tar, Pitch, Ropes, Cables, Sails, Sail Cloths Anchors, and any Parts of Anchors; also Ships Masts, Planks, Boards, and Beams, of what Trees Soever; and all other Things proper either for building or repairing Ships, and all other Goods whatever which have not been worked into the Form of any Instrument or Thing prepared for War, by Land or by Sea, shall not be reputed Contraband, much less such as have been already wrought and made up for any other use; all which shall wholly be reckoned among free Goods; as likewise all other Merchandizes and Things which are not comprehended, and particularly mentioned in the foregoing Enumeration of Contraband Goods; So that they may be transported and carried in the freeest Manner by the Subjects of both Confederates, 2

2 “Qu. Whether this should not be ‘Partner.’” James Wilson .

even to Places belonging to an Enemy, such Towns or Places being only excepted as are at that time besieged, blocked up, or invested.

Art . 28. To the End that all manner of Dissentions and Quarrells may be avoided and prevented on one Side and the other, it is agreed, that in Case either of the Parties hereto, should be Agreed engaged in War, the Ships and Vessells belonging to the Subjects or People of the other Ally, must be furnished with Sea Letters or Passports expressing the Name, Property and Bulk of the Ship, as also the Name and Place of Habitation of the 0172 587 Master or Commander of the said Ship, that it may appear thereby, that the Ship really and truly belongs to the Subjects of one of the Parties; which Passports shall be made out and granted according to the Form annexed to this Treaty; they shall likewise be recalled every Year that is, if the Ship happens to return home within the Space of a Year. It is likewise agreed, that such Ships being laden, are to be provided, not only with Passports as abovementioned, but also with Certificates, containing the Several Particulars of the Cargo, the Place whence the Ship sailed, and whither She is bound; that so it may be known whether any forbidden or contraband Goods, be on board the same; which Certificates shall be made out by the Officers of the Place whence the Ship Set Sail, in the accustomed Form. And if any one shall think it fit or advisable to express in the said Certificates the Person to whom the Goods on board belong, he may freely do so.

Art . 29. The Ships of the Subjects and Inhabitants of either of the Parties, coming upon any Coast belonging to either of the said Allies, but not willing to enter into Port, or being entered Agreed into Port, and not willing to unload their Cargoes, or break Bulk, shall not be obliged to give an Account of their Lading, unless they should be Suspected, upon some manifest Tokens, of carrying to the Enemy of the other Ally, any prohibited Goods called Contraband. And in Case of such manifest Suspicion, the said Subjects and Inhabitants, of either of the Parties, shall be obliged to exhibit in the Ports, their Passports and Certificates, in the manner before Specified.

Art . 30. That if the Ships of the said Subjects, People or Inhabitants of either of the Parties, shall be met with, either Sailing along the Coasts, or on the high Seas, by any Ship of War Agreed of the other, or by any Privateers, the said Ships of War or Privateers, for the avoiding of any disorder, shall remain out of Cannon Shot, and may send their Boats, aboard the Merchant Ship, which they shall so meet with, and may enter her to the Number of two or three Men only, to whom the Master or Commander of such Ship or Vessell shall exhibit his Passport, concerning the Property of the Ship, made out according to the Forms inserted in this present Treaty; and the Ship when she shall have shewed such Passport, shall be free and at Liberty to pursue her Voyage, so as it shall not be lawfull to molest or search her in any Manner, or to give her Chase, or force her to quit her intended Course.

0173 588

To succeed the 30th Article 1

1 This amendment, in the writing of Edward Rutledge, is in the Papers of the Continental Congress , No. 47, folio 145a. It was inserted by Charles Thomson on No. 1. and by Wilson on his copy.

It is also agreed that all Goods when once put on board the Ships or Vessels of either Parties shall be subject to no farther Visitation, but all Visitation or Search shall be made before Hand; and all prohibited Goods shall be stopt on the Spot, before the same be put on board the Ships or Vessels of the respective State: Nor shall either the Persons or Goods of the Subjects of His most christian Majesty or the United States be put under any Arrest or molested by any other Kind of Embargo for that Cause; and only the Subject of that State by whom the said Goods have been or shall be prohibited and shall presume to sell or alienate such sort of Goods shall be duly punished for the Offence.

Form of the Passports and Letters, which are to be given, to the Ships and Barks, which shall go according to the twenty-seventh 2 Article of this Treaty.

2 The number is in a writing other than that of John Adams.

To all who shall See these Presents Greeting: It is hereby made known, that Leave and Permission has been given to Master and Commander of the Ship called of the Town of Burthen Tons or thereabouts, lying at present in the Port and Haven of and bound for and laden with after that his Ship has been visited, and before Sailing, he shall make Oath before the officers who have the Jurisdiction of maritime Affairs, that the said Ship belongs to one or more of the Subjects of the Act whereof shall be put at the End of these Presents; as likewise that he will keep and cause to be kept by his Crew, on board, the Marine ordinances and Regulations, and enter in the proper Office a List signed and witnessed containing the Names and Sirnames, the Places of Birth and Abode of the Crew of his Ship, and of all who shall embark, on board her, whom he shall not take on board without the Knowledge and Permission of the officers of the Marine; and in every Port or Haven where he shall enter with his Ship, he shall show this present Leave to the officers and Judges of the Marine, and shall give a faithfull account to them of what passed and was done during his Voyage, and he shall carry the Colours, Arms, and Ensigns of the King, (or of the united States) during his Voyage. In Witness 0174 589 whereof, We have Signed these Presents, and put the Seal of our Arms thereunto, and caused the Same to be countersigned by at the Day of 17

Form of the Act containing the Oath.

We of the Admiralty of do certify that Master of the Ship named in the above Passport, hath taken the oath mentioned therein. Done at the Day of 17.

Form of the Certificates to be required of and to be given by the Magistrates or officers of the Customs of the Town and Port in their respective Towns and Ports, to the Ships and Vessells, which Sail from thence, according to the Directions of the Article of this present Treaty.

We A. B. Magistrate, (or) officers of the Customs of the Town and Port of C. do certify and attest, that on the Day of the Month of in the Year of our Lord 17 D. E. of F. personally appeared before Us, and declared by a Solemn Oath, that the Ship or Vessell called G. of about Tons whereof H. I. of K. his usual Place of Habitation, is Master or Commander, does rightfully and properly belong to him and others Subjects of and to them alone: That She is now bound from the Port of L. to the Port of M. laden with the Goods and Merchandizes here under particularly described and enumerated, that is to Say, as follows.

In Witness whereof we have Signed this Certificate, and Sealed it with the Seal of our office. Given the day of the Month of in the Year of our Lord 17

Ordered , To lie on the table.

Resolved , That the draught of Ephraim Blaine, for two thousand dollars, for account of blankets, purchased by order of Congress for the continental troops in Virginia, be paid, and charged to account of said E[phraim] Blaine. 1

1 A letter of Ephraim Blaine, dated July 12, is in the Papers of the Continental Congress , No. 165, folio 291.

Resolved , That the convention of Pensylvania be informed, that the Congress have agreed to the raising a 0175 590 batallion in the counties of Westmoreland and Bedford, for the defence of the western frontiers, and request them immediately to recommend proper persons to Congress for field officers for said batallion.

Resolved , That two members be added to the committee appointed to contract for the making cannon:

The members chosen, Mr. [Samuel] Chase and Mr. [Thomas] Heyward.

Adjourned to 9 o'Clock to Morrow.

FRIDAY, JULY 19, 1776

Resolved , That two months pay be advanced to Colonel Kirmovan; he to be accountable.

Resolved , That an order for 400 dollars, be drawn on the treasurers, in favour of David S. Franks, in full of Brigadier General David Wooster's draught, on Jonathan Trumbull, in his favour dated at Chambly, the 30th of May, 1776.

Resolved , That the subaltern officers of the German batallion, do not rank from the dates of their commissions, but that their rank be established hereafter by Congress.

The committee of safety [of Pennsylvania], having recommended Frederick Rowlwagen, Peter Boyer, William Rice, and Jacob Bower, for first lieutenants: George Schaffer, George Hawbecker, John Landenberger, and Frederick Yeiser, for second lieutenants: John Weidman, Christian Helm, Christian [Christopher] Godfried Swartz, and Jacob Cramer, ensigns, of the four German companies raising in Pensylvania.

Resolved , That they be accepted, and that commissions be granted to them accordingly.

Resolved , That the Declaration passed on the 4th, be fairly engrossed on parchment, with the title and stile of 0176 591 “The unanimous declaration of the thirteen United States of America,” and that the same, when engrossed, be signed by every member of Congress.

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

Resolved , That General Schuyler be desired to enquire into the complaints of the soldiers under his command, and give strict orders, that no higher price be charged for the goods furnished to the soldiers, than the first cost of them, and five per cent. for charges:

That the resolution of Congress, prohibiting any officer from holding more offices than one, be sent to General Schuyler:

That a letter be written to General Schuyler, requesting him to recommend, in the strongest terms, harmony between the officers and troops of the different states; to discountenance and suppress all provincial reflections and ungenerous jealousies of every kind, and to promote, by every possible means, discipline, order, and zeal in the public service.

Resolved , That it be earnestly recommended to the convention of Pensylvania, to hasten, with all possible expedition, the march of the associators into New Jersey, agreeable to a former request of Congress.

Resolved , That the delegates of Maryland be directed to inform the commanding officer of the Maryland troops, that the Congress expect he will immediately march with his troops to New York.

The committee appointed to prepare a resolution for subjecting to confiscation the property of the subjects of Great Britain, &c. brought in the same, which was read:

Ordered , To lie on the table, and that the same be taken into consideration on Monday next.

0177 592

The Congress proceeded to the election of a deputy adjutant general for the flying camp; and the ballots being taken,

Samuel Griffin, Esq r . was elected.

Resolved , That Mr. Griffin, as deputy adjutant general, have the rank of colonel.

Resolved , That the Secret Committee be empowered to contract with Mr. Mirtle for the importation of goods to the amount of £30,000 sterling, at his risque, and £15,000 sterling, at the risque of the United States of America, for the public service.

That the Marine Committee be empowered to purchase a swift sailing vessel, to be employed by the Secret Committee in importing said goods.

The committee appointed to enquire into the causes of the miscarriages in Canada, brought in a report, which was read:

Ordered , To lie on the table.

Resolved , That the committee have leave to sit again.

The committee, to whom the letters from Lord Howe to Mr. [William] Franklin, &c. ∥were referred∥, brought in a report, which was taken into consideration: Whereupon,

Resolved , That a copy of the circular letters, and of the declarations they enclosed from Lord Howe to Mr. W[illiam] Franklin, Mr. Penn, Mr. Eden, Lord Dunmore, Mr. Martin, and Sir James Wright, late governors, which were sent to Amboy, by a flag, and forwarded to Congress by General Washington, be published in the several gazettes, that the good people of these United States may be informed of what nature are the commissioners, and what the terms, with the expectation of which, the insidious court of Britain has endeavoured to amuse and disarm them, and that the few, who still remain suspended by a 0178 593 hope founded either in the justice or moderation of their late King, may now, at length, be convinced, that the valour alone of their country is to save its liberties. 1

1 Printed in the Pennsylvania Gazette , 24 July, 1776.

The Congress proceeded to the election of commissioners for settling the accounts of New York; and, the ballots being taken,

Mr. Wm. Denning, Mr. Thomas Smith, and Mr. James Stevenson, were elected.

A letter from General Lee dated at Charleston, South Carolina, 2 July, instant, enclosing sundry papers, was laid before Congress, and read:

Ordered , That an extract of General Lee's letter be published.

Resolved , That the committee appointed to contract for the making cannon, be empowered to contract with Messrs. Hughes for one thousand tons of cannon, on the terms [by them] proposed.

Resolved , That the paper makers in Pennsylvania be detained from proceeding with the associators to New Jersey. 2

2 Printed in the Pennsylvania Evening Post , 27 July, 1776.

Adjourned to 9 o'Clock to Morrow.

SATURDAY, JULY 20, 1776

Resolved , That the letter from General Lee, with the papers enclosed, which were received and read yesterday, be referred to the Board of War.

Resolved , That the thanks of the United States of America be given to Major General Lee, Colonel William Moultrie, Colonel William Thompson, and the officers and soldiers under their command, who, on the 28th of June last, repulsed, with so much valour, the attack 0179 594 which was that day made on the state of South Carolina, by the fleet and army of his Britannic majesty:

That Mr. President transmit the foregoing resolution to General Lee, Colonel Moultrie and Colonel Thompson. 1

1 A copy of Hancock's letter to Moultrie conveying these thanks is in the Papers of the Continental Congress , No. 158, folio 533.

A petition and memorial of Monsieur Pelissier was presented to Congress, and read: 2

2 This petition is in the Papers of the Continental Congress , No. 78, XVIII, folio 73.

Resolved , That it be referred to the Board of War. The committee appointed to settle a cartel for the exchange of prisoners, brought in their report, which was read:

Ordered , To lie on the table, and that the same be taken into consideration on Monday next.

Resolved , That the commander in chief in each department be empowered to negotiate an exchange of prisoners, in the following manner: One cont. 3

3 These resolves were finally adopted on July 22, post .

Resolved , That this Congress will on Thursday next resolve itself into a Committee of the Whole, to tale into consideration the plan of treaties.

The convention of Pensylvania having directed the common prisoners to be removed from the new jail to the old, and the said new jail to be given up to the Congress for the use of the state prisoners,

Resolved , That Robert Jewel be appointed keeper of said new jail, and that he take custody of the prisoners committed to his charge.

Resolved , That the plan of treaties be printed for the use of the members, under the restrictions and regulations prescribed for printing the plan of confederation; and that, in the printed copy, the names of persons, places and states, be omitted. 4

4 See under July 18, p. 576, ante .

0180 595

Resolved , That Brigadier General Lewis be directed to forward to South Carolina, the whole five tons of powder sent to him for the use of Virginia and South Carolina.

Resolved , That the sum of 3,000 dollars, part of the ten thousand dollars voted for the commissioners of Indian affairs in the middle department, be advanced to Mr. James Wilson, to be by him forwarded to the commissioners appointed to attend the treaty at Pittsburg.

Resolved , That the sum of 210 dollars be advanced to—,the captain of the guard, who is to escort the prisoners from New Jersey to the place of their destination, in order to defray expences; he to be accountable.

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

Resolved , That a brevet commission of lieutenant colonel be granted to Mons. Jacque Antoine de Franchessin, a knight of the order of St. Louis, an experienced officer in the French service, and who is well recommended in letters from abroad; and that he be ordered to join the flying camp.

Resolved , That Dr. Senter be recommended to Dr. Morgan; who is desired to examine him; and if, ∥upon examination,∥ he finds him qualifyed, to employ him in the hospital as a surgeon.

A letter of the 19, from General Washington, enclosing sundry papers; and,

A letter of the 13th, from Governor Trumbull, with a list of the cannon at New London, were laid before Congress and read. 1

1 The letter from Washington is in the Papers of the Continental Congress , No. 152, II, folio 243. It is printed in Writings of Washington (Ford), IV, 275. Thai of Trumbull is in No. 66, I, folio 211.

Resolved , That the deputy quarter master general [for the flying camp,] be directed to deliver to Colonel Smallwood, 0181 596 for the use of the Maryland troops, such necessaries, as he has, belonging to the continent, as the said troops may want.

The delegates of Pensylvania produced credentials of a new appointment, which were read as follows:

In Convention for The State of Pennsylvania , Saturday, July 20, 1776 .

The House met According to Adjournment; when, according to the Order of the Day, they Immediately proceeded to the Election of Delegates to Serve in the Continental Congress; and chose for that Service, Dr. Benjamin Franklin, Colonel George Ross, George Clymer, Esq r . Robert Morris, Esq r . Colonel James Wilson, John Morton, Esq r . Dr. Benjamin Rush, Colonel James Smithy and George Taylor, Esq r .

I do hereby certify the above to be a true Extract from the Minutes.

John Morris , Secretary.

Resolved , That Colonel Haslet be ordered immediately to march with the troops under his command, to Philadelphia, thereto wait the further order of Congress.

Resolved , That the sum of 200,000 dollars be sent to the deputy pay master general for Virginia; he to be accountable.

The convention of Pensylvania having recommended gentlemen for field officers of the batallion ordered to be raised for the defence of the western frontiers, the Congress proceeded to the election; when,

Æneas M'Coy was elected colonel; George Wilson, lieutenant colonel; Richard Butler, major.

Resolved , That the sum of 12,500 dollars be advanced to Colonel M'Coy, for the bounty and expence of raising said batallion; he to be accountable.

John Boyd is elected pay master to said batallion.

The Committee of Claims reported, that there is due,

To Captain Dundee, for his subsistence to the 19th instant, and for carriage of baggage, 86 dollars:

To Dr. Beaumont, to the same date, 85 22/90 dollars:

0182 597

To Ensign William M'Leod, to 20th instant, 110 60/90 dollars:

To Finley Miller, surgeon's mate, 26th regiment, to the 19th of July instant, 79 dollars:

To Arthur Wadman, lieutenant of the 26th regiment, to the 22d of July instant, 162 60/90 dollars:

To James Gill, surgeon of artillery, to the 19th of July instant, 74 dollars:

To Jacob Shalets, lieutenant of artillery, to the 19th of July inst. 74 dollars:

To Lieutenant Ibbetson Hamar, to the 19th of July instant, 40 dollars:

To Captain Heskett, for carriage, 75 30/90 dollars; and, that the same ought to be paid, agreeable to their request, to Peter Dundee, captain of the royal fuzileers:

That there is due to Michael Brecht, for provisions and attendance of sick soldiers at Reading, the sum of 17 42/90 dollars:

To Bryan Lefferty, a hostage sent by General Schuyler, for his subsistence and expences from Tryon county to Philadelphia, 41 30/90 dollars:

Ordered , That the said accounts be paid.

Resolved , That Dr. [Benjamin] Franklin may, if he thinks proper, send an answer to the letter he received from Lord Howe.

The committee appointed to devise ways and means for encreasing the flying camp, brought in their report, which was read and taken into consideration: Whereupon,

Resolved , That Brigadier General Lewis be directed to order two batallions of the continental troops, in Virginia, to march, with all possible despatch, to the flying camp, in New Jersey, under the command of General Mercer; and that if the governor and privy council of Virginia 0183 598 shall have reason to apprehend an invasion of that state, and shall call to its defence an equal number of minutemen or militia, the same, while in service, shall be on the pay and support of the continent:

That the convention of Pensylvania be requested to augment their quota for the flying camp, with four batallions of militia, and the convention of New Jersey to raise, for the said flying camp, three batallions of militia, in addition to those formerly desired by Congress, and send the same, with all possible despatch, to the said flying camp. And, that these several batallions be officered, paid and provided, as directed by the former resolutions for forming said camp.

Resolved , That in case Mr. Heyman Levy order any money to be paid in Albany to the deputy pay master general for the northern department, the same shall, upon advice of such money so paid, be repaid to him or his order in Philadelphia.

Adjourned to 9 o'Clock on Monday.

MONDAY, JULY 22, 1776

A letter of the 20th, from the convention of New Jersey, and one of the 19th, from Ephraim Anderson, and a petition from Levi Allen, were laid before Congress, and read. 1

1 The letter of the convention of New Jersey is in the Papers of the Continental Congress , No. 68, folio 195. That of Anderson is in No. 78, I, folio 11. That of Levi Allen is in No. 42, I, folio 15. With it is a letter of recommendation signed by leading Connecticut officers in the army.

Resolved , That the letter from General Washington, received and read on Saturday last, be referred to the Board of War.

The Congress took into consideration the report of the committee respecting an exchange of prisoners; Whereupon,

0184 599

Resolved , That the commander in chief in each department be empowered to negotiate an exchange of prisoners in the following manner: one continental officer for one of the enemy of equal rank, either in the land or sea service, soldier for soldier, sailor for sailor, and one citizen for another citizen:

That each state hath a right to make any exchange they think proper for prisoners taken from them or by them.

Resolved , That the several commanders in chief, in each department, be directed to exchange any officer in the British service, now a prisoner in any of these states, of or under the rank of colonel, for Colonel Ethan Allen. 1

1 In the Papers of the Continental Congress , No. 42, I, folio 23, is a single sheet containing these two resolutions, the second being in the writing of Charles Thomson. The first sentence reads: “On reading the Memorial of Levi Allen, ordered.” They were published in the Pennsylvania Evening Post , 1 August, 1776. An added paragraph reads: “All the printers are desired to publish the above order for the benefit of Col. Allen, who has suffered much in the cause of his country.”

Resolved , That the persons taken prisoners with Colonel Ethan Allen, be put upon the same footing as those in the continental service, and exchanged accordingly, as opportunity presents. 1

The Congress resumed the consideration of the report of the committee of ways and means; and, after debate, the same was disagreed to.

The committee appointed to contract with Messrs. Hughes for one thousand tons of cannon, for the use of the United States, reported, that they have executed the contract, in which is a covenant to advance Messrs. Hughes 8,000 dollars.

Resolved , That an order for 8,000 dollars be drawn on the treasurers, in favour of Daniel and Samuel Hughes; they to be accountable.

Resolved , That the Board of Treasury be directed to make immediate preparation for striking a farther sum of five millions of dollars in bills of credit.

0185 600

Resolved , That Captain Joy have liberty to employ eight prisoners by him heretofore employed in the business of casting cannon.

The Board of Treasury reported, that they have examined the account of the committee of Lancaster for preserving the peace of the borough, keeping the prisoners in order, and for the protection of the magazines, and find, that there is due, for the pay of the guard, as follows:

39 days to the captains, at 26 ⅔ dollars per month, 34 60/90ths dollars:

76 days to the lieutenants, at 18 dollars per month, 45 54/90ths dollars:

27 days to the ensigns, at 13 ⅓ dollars per month, 12 dollars:

143 days to the serjeants, at 8 dollars per month, 38 12/90ths dollars.

140 to corporals

141 to fifers

140 to drummers 421 days at 7 ⅓ dollars per month, 102 60/90ths dollars:

1470 days to privates, at 6 ⅔ dollars per month, 326 60/90ths dollars; the whole amounting to 559 66/90ths dollars:

Ordered , That the said sum be paid.

The Congress resolved itself into a committee of the whole, to take into consideration the articles of Confederation; and, after some time, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have had under consideration the articles of confederation and made some progress in the matter to them referred; but, not having finished, desire leave to sit again.

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration the articles of Confederation.

0186 601

The Marine Committee having recommended the following gentlemen for officers of the Rawleigh , namely,

Peter Shores, John Wheelwright, Josiah Shackford, lieutenants; George Jerry Osborne, captain of marines; Stephen Meads, first lieutenant; Nathaniel Thwing, second lieutenant:

Resolved , That they be accepted, and that commissions be granted to them accordingly.

Adjourned to 9 o'Clock to Morrow.

TUESDAY, JULY 23, 1776

Sundry letters were received, and read, viz.

One from General Washington of the 21:

Another from do. of the 22d, with three papers enclosed:

One from Governor Cooke of the 16:

Two from Brigadier H. Mercer, of the 22d, with two papers enclosed. 1

1 The letters of Washington are in the Papers of the Continental Congress , No. 152, II, folios 261 and 265. That of the 22d is printed in Writings of Washington (Ford), IV, 282. That from Governor Cooke is in No. 64, folio 360.

Resolved , That the letters from General Washington be referred to the Board of War.

Resolved , That the report of the committee on the cartel entered into between Brigadier General Arnold and Captain Foster, and the resolutions passed thereon, be published.

A letter from Brigadier General Mercer of the 20th, was laid before Congress and read. 2

2 The letters of Mercer are in the Papers of the Continental Congress , No. 159, folio 145.

Resolved , That it be referred to the Board of War. Resolved , That twenty dollars be advanced to Isaac Manes, a wounded soldier in Captain Cheeseman's company, and that he be sent to the general hospital.

0187 602

The Board of War reported, that they have heard and considered several matters alleged against the arrangement made in the regiment ordered to be raised under Colonel Dubois, and are of opinion, that no good purpose would be answered by making any alteration therein; and although many worthy officers who served in Canada are yet unemployed, the Board can only lament that they are not in the service, but hope something will, in future, turn up to enable Congress to place them in stations equal to their merit:

The same being again read, was agreed to.

On the remainder of the report from the Board of War, the Congress came to the following resolutions:

Resolved , That General Washington be informed that Congress have such an entire confidence in his judgment, that they will give him no particular directions about the disposition of the troops, but desire that he will dispose of those at New York, the flying camp and Ticonderoga, as to him shall seem most conducive to the public good:

Resolved , That Congress approve of General Washington's having lent to the convention of New York, the sum of money mentioned in his letter of the 19th instant:

Resolved , That Monsieur St. Martin be appointed an engineer, in the southern department with rank of lieutenant colonel, and that he be directed to repair to New York, and put himself under the command of General Washington.

Resolved , That Dr. David Griffith be appointed to the stations of chaplain and surgeon in the third Virginia regiment, he being a person of uncommon merit, and there being very few surgeons of abilities who will enter into the army in that state; this appointment not to be drawn into precedent:

0188 603

That Mr. Griffith draw pay in both these capacities, for the time he has served in the regiment.

The Committee of Claims reported, that there is due,

To Dennis Lefferty, for twenty-six weeks board, the sum of fifty-two dollars, and that the same ought to be paid to Timothy Matlack:

To William White, for boarding General Lee's guards, the sum of 40 60/90 dollars:

To George Haas, for carrying money to New York, the sum of 26 60/90 dollars:

To William Bradford, for the expences of a guard escorting money to New York, the sum of 88 57/90 dollars:

To Rachel Ewens, for boarding a sick soldier, the sum of 3 dollars:

To Robert Owen, Junior, for provisions furnished several riffle companies, 64 86/90 dollars:

To Peter Grosets, for provisions to several riffle companies, the sum of 61 46/90 dollars, and that this ought to be paid to said Robert Owen, Jun r .

Ordered , That the said accounts be paid.

Resolved , In order to hasten the march of the troops, that the several committees of Lancaster, York, Cumberland, Berks, and Northampton ∥counties, in Pennsylvania,∥ be empowered to muster the troops that shall march from their several counties, and to draw for one month's pay on Mr. James Mease, pay master, and that they certify the muster rolls, and send the receipts to the pay master for the moneys that shall be so advanced.

Resolved , That a member be added to the Board of Treasury, in the room of one absent:

The member chosen, Mr. [George] Clymer.

The Congress, agreeable to the order of the day, resolved itself into a committee of the whole, to take into 0189 604 their farther consideration the articles of confederation; and, after some time, the president resumed the chair, and Mr. [Benjamin] Harrison reported, the committee have made farther progress in the matter to them referred, but not having finished, desired him to move for leave to sit again.

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration the articles of confederation.

A petition from a number of inhabitants of Chester county, in Pensylvania, was presented to Congress and read, praying that John Griffith, a soldier in the continental army, an experienced artificer in making and dressing fullers' shears, may be released from the army, and ordered to return home to follow his trade:

Resolved , That the prayer of the petition be granted.

A petition from sundry Canadians was presented to Congress, and read:

[ Resolved , That it be] referred to the Canada committee.

The Marine Committee having recommended Richard Palmes to be captain of marines,

Resolved , That he be accepted, and a commission be granted to him accordingly.

Adjourned to 9 o'Clock to Morrow.

WEDNESDAY, JULY 24, 1776

A letter from Lieutenant Colonel William Allen was laid before Congress, and read, praying leave to resign his commission: 1

1 This letter is in the Papers of the Continental Congress , No. 78, I, folio 15.

Resolved , That leave be granted.

The Marine Committee having recommended Benjamin Thompson to be a lieutenant of marines in Captain Palmes's company,

0190 605

Resolved , That he be accepted, and that a commission be granted to him accordingly.

Resolved , That the committee appointed to revise the Journal, be empowered to employ a proper person to make an index to the Journal.

The Board of Treasury reported, that the pay of Brigadier General Wooster, commencing the 22d day of June, 1775, and calculated to the 22d day of July, 1776, thirteen months, at 125 dollars per month, amounts 1625 dollars; out of which is to be deducted one hundred and seventy-three dollars and 24/72 parts of a dollar, paid him by John Winslow, Esq r . the pay master; the residue due to the general is 1451 48/72 dollars:

Ordered , That the same be paid.

Resolved , That the sum of one hundred dollars be advanced to Captain Robert Johnson, to be deducted out of his pay on the settlement of his account.

A petition from George Kitts was presented to Congress and read:

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

The Congress resumed the consideration of the report of the committee appointed to prepare a resolution for confiscating the property of the subjects of the crown of Great Britain; and thereupon, came to the following resolution:

Whereas these United States have by a long series of oppressions, been driven into a war with Great Britain and at last to the necessity of declaring themselves free and independent States; and as it is impossible to distinguish among the subjects of the same sovereign, between those who are friends and such as are enemies to the rights of America and Mankind, it is become necessary to consider as enemies all the subjects of the King of Great Britain and all others, who aid, abet adhere to or 0191 606 in any way assist him in his unjust and cruel designs against these states; Therefore, 1

1 “The preamble to the resolutions for confiscating the property of the subjects of the King of Great Britain having been this day expunged, and the resolution altered, agreeable to the one now enclosed you, I am to request you will please to erase that from the resolves I enclosed you a few days past, and substitute the one I now transmit in its place.” John Hancock to Washington , 26 July, 1776.

The text of the resolve in the Manuscript Journals is the amended form. From the Washington Papers, Letters to Washington , LXXXIX, the original form is obtained, as follows:

“ Resolved , That all the resolutions of this Congress passed on the twenty third day of March last and on the third day of April last relating to ships and other vessels, their tackle, apparel and furniture and all goods wares and merchandizes belonging to any inhabitant or inhabitants of great Britain taken on the high seas or between high and low water mark be extended to all ships and other vessels, their tackle, apparel and furniture and all goods, wares and merchandizes belonging to any subject or subjects of the said King, except the inhabitants of the Bermudas and Providence or to any other person or persons, who adhere to him or in any wise aid or abet him in his unjust war against these states.”

Resolved , That all the resolutions of this Congress, passed on the twenty third day of March last, and on the third day of April last, relating to ships and other vessels, their tackle, apparel and furniture, and all goods, wares and merchandises, belonging to any inhabitant or inhabitants of Great Britain, taken on the high seas, or between high and low water mark, be extended to all ships and other vessels, their tackle, apparel and furniture, and all goods, wares and merchandises, belonging to any subject or subjects of the King of Great Britain, except the inhabitants of the Bermudas, and Providence or Bahama islands; or to any other person or persons who adhere to him or in any wise aid or abet him in his unjust war against these states . 2

2 Printed in the Pennsylvania Evening Post , 27 July, 1776.

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

Resolved , That the regiment of rangers, now in the pay of the state of South Carolina, be placed upon continental 0192 607 establishment, and that it consist of a lieutenant colonel commandant, a major, 10 captains, 20 lieutenants, a surgeon, a pay master, 20 serjeants and five hundred privates:

That the pay of the lieutenant colonel commandant of rangers, be the same as colonel of foot; the major, that of a lieutenant colonel; a captain, that of major; and the lieutenants that of captains; and serjeants that of ensigns of foot of the continental forces: That the surgeon be allowed 33 ⅓ dollars a month; the pay master 26 ⅔ds; and the privates 12 ½ dollars per month, to provide themselves with horses, guns, and provisions, for themselves and horses:

That the said rangers be liable to act on horseback, or foot, as occasion may require:

That the like number of rangers be raised in the state of Georgia, and put upon continental establishment:

That these be entitled to the same pay, and subject to the same duties, as the Carolina rangers:

That the rangers, raised in the state of South Carolina, be subject to the articles formed by the convention of that state, for the government of the forces raised therein.

Resolved , That Colonel Knox's plan for raising another batallion of artillery, be approved, and carried into execution, as soon as possible:

That General Washington be desired to recommend proper officers to compose this corps.

Resolved , That General Washington be empowered to agree to the exchange of Governor Skene for Mr. [James] Lovell:

That General Washington be authorized to take into continental pay, the horse proposed by Mr. Lary, [John Leary, jr.] upon the terms by him mentioned.

0193 608

On motion, Resolved , That the report of the committee on gold and silver coins be recommitted:

That Mr. Jefferson be added to said committee.

Resolved , That a committee of three be appointed to take into consideration, and report their opinion, on the proposal made by the president of South Carolina, and communicated to the house by a delegate of that state, respecting General Lee:

The members chosen, Mr. S[amuel] Adams, Mr. E[dward] Rutledge and Mr. [Lyman] Hall.

Agreeable to order, the Congress resolved itself into a committee of the whole, to take into their farther consideration, the articles of Confederation; and, after some time, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have made farther progress in the matter referred to them; but, not having finished, desire him to move for leave to sit again:

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration, the articles of confederation.

Sundry letters were laid before Congress, and read:

1 from General Washington, of the 23, with sundry papers enclosed, among which a letter from Mr. Fraesh to Lord Sterling; also,

One from the council of safety of North Carolina 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 275. That of the council of North Carolina is in No. 72, folio 17.

Resolved , That the letter from Mr. Fraesh, to Lord Sterling, be referred to the committee [appointed to contract] for casting cannon;

That the General's letter, with the other papers enclosed, be referred to the Board of War.

Adjourned to 9 o'Clock to Morrow.

THURSDAY, JULY 25, 1776

Resolved , That two months' pay be advanced to Mons. Jacque Antoine de Franchessin; he to be accountable.

A memorial of Samuel Holden Parsons, of Lyme, in Connecticut, was presented to Congress, and read:

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

The members chosen, Mr. [Thomas] Jefferson, Mr. [James] Wilson, and Mr. [Roger] Sherman.

A memorial from sundry officers who served in Canada, and are now unemployed, was laid before Congress, and read:

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

Agreeable to order, the Congress resolved itself into a committee of the whole, to take into their farther consideration, the articles of confederation; ∥after some time,∥ the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have made farther progress in the consideration of the articles of confederation; but, not having gone through, desired leave to sit again.

A letter of the 23, from General Washington, 1 enclosing a letter from Governor Trumbull, to the General;

1 The letter of Washington, is in the Papers of the Continental Congress , No. 152, II, 289. That of the Committee of Safety of New Hampshire, is in No. 64, folio 13.

A letter of the 19 July, from Governor Trumbull, with sundry depositions;

One from the committee of safety of New Hampshire 16 July, [were laid before Congress, and read.]

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

The Committee of Claims reported, that there is due,

To Francis Gurney, for expences of himself and others, 0195 610 escorting money to Cambridge, in February last, the sum of £61 2=162 84/90ths dollars, over and beside the money advanced to him:

To Henry Wisner, for the expences of an express paid by him, the sum of 20 dollars:

To Thomas Dewees, for boarding prisoners of state, the sum of 437 68/90ths dollars:

To David Lenox, for expences in going after deserters, the sum of 3186/90ths dollars, to be paid to David Sproat:

To William Trickett, for stationary, the sum of 43 76/90ths dollars:

To Philip Nolan, for ferriages of General Lee's guards, the sum of 4 12/90ths dollars:

To Elizabeth Slaving, for boarding and nursing a sick soldier, the sum of 4 dollars:

To John Piling, for chairs for the war office, the sum of 12 dollars:

To John Kerling, for provisions for General Lee's guards, the sum of 4 54/90ths dollars.

To Isaac Cooper, for his attendance as a guard over powder, the sum of 11 dollars.

To Furman and Hunt, for necessaries furnished the prisoners at Trenton, the sum of 47 87/90ths dollars:

To John Bates, for camp kettles, the sum of 98 60/90ths dollars:

The Committee of Treasury also reported that there is due,

To Elijah Bennet, post rider, in the service of the United States, from Hartford, in Connecticut, to various places, amounting to £399 10 5=[1331 dollars and 66/90ths,] deducting the sum of £245 19 9 [—819 dollars and 86/90ths,] which he has received from the colony of Connecticut, the balance being £153 10 8=511 56/72 dollars.

0196 611

To Michael Philips, employed by Brigadier General Wooster in making sundry repairs in the citadel and hospital in Montreal, carting, &c. the sum of £119 7 [=397 dollars and 75/90ths,] deducting the sum of £28 16 5 [=96 dollars and 7/90ths,] which he received from Major Nicholson, the balance being £90 10 7 equal to 301 68/90ths:

To James Budden, for the expence of a detachment of the troop of light horse escorting 300,000 dollars to New York, the sum of 82 dollars:

Ordered , That the said accounts be paid.

Resolved , That this Congress will, to morrow, resolve itself into a committee of the whole, to take into their farther consideration, the Articles of Confederation.

Adjourned to 9 o'Clock to Morrow 1

1 “I find myself under a necessity of applying to the honourable the General Court for leave to return home. I have attended here so long and so constantly, that I feel myself necessitated to ask the favour on account of my health, as well as on many other accounts. I beg leave to propose to the honourable Court, an alteration in their plan of delegation in Congress, which, it appears to me, would be more agreeable to the health and convenience of the members, and much more conducive to the publick good, than the present. No gentleman can possibly attend to an incessant round of thinking, speaking, and writing, upon the most intricate, as well as important concerns of human society, from one end of the year to another, without trying both his mental and bodily strength. I would therefore humbly propose, that the honourable Court would be pleased to appoint nine members to attend in Congress—three or five at a time. In this case, four or six might be at home at a time, and every member might be relieved once in three or four months. In this way you would always have members in Congress who would have in their minds a complete chain of the proceedings here, as well as in the General Court; both kinds of which knowledge are necessary for a proper conduct here. In this way, the lives and health, and, indeed, the sound minds, of the delegates here, would be in less danger than they are at present, and, in my humble opinion, the publick business would be much better done. This proposal, however, is only submitted to the honourable body, whose sole right it is to judge of it. For myself, I must entreat the General Court to give me leave to resign, and immediately to appoint some other gentleman in my room.” John Adams to the Massachusetts Assembly , 25 July, 1776. Force, American Archives , Fifth Series, I, 571.

FRIDAY, JULY 26, 1776

Congress proceeded to the election of three commissioners to liquidate and settle the accounts in the northern department; and, the ballots being taken,

Mr. James Milligan, Mr. John Carter, and Mr. John Wells, were elected.

The committee on the treasury laid before Congress the account of Messrs. Price and Haywood, with the balance due to them:

Ordered , To lie on the table.

Resolved , That the substance of the conference between General Washington and Adjutant General Patterson, as transmitted by General Washington, be published.

Congress resolved itself into a committee of the whole, to take into farther consideration the articles of confederation; and, after some time, the president resumed the chair, and Mr. [John] Morton reported, that the committee have made farther progress; but, not having concluded, desire leave to sit again.

Resolved , That this Congress will, on Monday next, resolve itself into a committee of the whole, to take into their farther consideration the articles of confederation.

A letter from Brigadier General Sullivan, with sundry papers enclosed, was laid before Congress, and read .

Ordered, To lie on the table . 1

1 “Our friend General Sullivan is disgusted at the appointment of General Gates to be a Major General, and being sent to the Northern Army. By permission of the Generals Schuyler and Washington, he (General Sullivan) has left the Army, and is now here, and has petitioned Congress for leave to resign his commission. What will be done in the case I can not say, but hope it will be settled without his dismission.” Josiah Bartlett to John Langdon , 29 July, 1776. The difficulty was settled by ordering Sullivan to New York, to be employed by Washington.

Resolved , That an order for 2,000 dollars be drawn on the treasurers in favor of Dr. W. Shippen; he to be accountable.

0198 613

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday 1

1 “The exceeding warm Season, and the constant attention of Congress to Business the last week, induc'd Congress to adjourn from Friday Even g . to this morning.” John Hancock to Washington , 29 July, 1776.

The instructions from the Pennsylvania Convention to their Delegates in Congress, dated July 26, are in Force, American Archives , Fifth Series, I, 595.

MONDAY, JULY 29, 1776 Sundry letters were laid before Congress, and read:

Three from General Washington of 22d, 25 and 27th;

One of the 17, from General Schuyler,

One of the 16 from General Gates;

One of the 25, from Joseph Reed, adjutant general;

One from Brigadier H. Mercer, of the 26:

One of the 20th, from Governor Trumbull:

One of the 25th, from the Convention of New Jersey, and one from the council of Massachusetts bay:

One from Mons. Kirmovan, [engineer], with a plan and draughts;

One, in Latin, without signature:

One from Brigadier General Sullivan, of the 29, desiring to recall his petition for leave to resign his commission .

Two petitions, one from George Nicholson, and one from James Livingston 2

2 The letters of Washington are in the Papers of the Continental Congress , No. 152, II, folios 271, 297, and 301. Those of the 25th and 27th are printed in Writings of Washington , IV, 297, 301. That of Schuyler is in No. 153, II, folio 236. That of Gates is in No. 154, I, folio 15. That of Reed is in No. 78, XIX, folio 41. That of Mercer is in No. 159, folio 153. That of Governor Trambull is in No. 66. I, folio 217. That of the Council of Massachusetts Bay is in No. 65, I, folio 97.

Whereupon,

Resolved , That the General be empowered to appoint another aid-de-camp:

0199 614

That the letters from General Washington, General Schuyler, and General Gates, and the letter from Mons. Kirmovan, be referred to the Board of War.

That the letter from the convention of New Jersey be referred to the committee on the ways and means of Augmenting the flying camp; and, that Mr. [Abraham] Clark be added to said committee:

That the letter from the adjutant general be referred to the committee appointed to revise the articles of war:

That the petition of James Livingston be referred to the committee appointed to settle accounts of the army in the northern army. commissioners who went into Canada:

That the petition from George Nicholson be referred to the committee on Canada affairs:

That the Latin letter be referred to the Marine Committee.

Resolved , That an order for 47 dollars be drawn on the treasurers, in favour of Josiah Fessenden, in full for service, expences, and horse hire.

A letter from the council of Verginia, of the 20th, was laid before Congress, and read. 1

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

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

Resolved , That General Washington be empowered to order the regiment, lately raised in Connecticut, under the command of Colonel Ward, wheresoever he shall think the service requires it:

That Mons. Jean Artur de Vermonet, who appears to be a young gentleman of merit, and has held a lieutenant's commission in the service of France, be appointed a brevet captain; and that Mons. Marie Fidel 0200 615 Dorrè be sent as a voluntier, to be employed by General Washington as he shall think proper:

That Mons. Christopher Pellisier, who has suffered considerably by warmly espousing and taking an active part in the cause of America, in Canada, be appointed an engineer in the service of the United States, with the pay of 60 dollars per month, and rank of lieutenant colonel; and that he be directed to repair to New York:

That the returns of Colonel Elmore's regiment, made into the war office by Brigadier General Wooster, be transmitted to General Washington, with blank commissions for the officers: And that General Washington be directed to order the said regiment to join him, and that he fill up the said commissions, with the names of such officers as appear with their respective companies in the said regiment.

That John Brown be commissioned as lieutenant colonel, and Robert Cockran, now acting as eldest captain in the said regiment, be commissioned as major of the same, in the room of Major Israel Curtis, deceased.

Resolved , That a lieutenant colonel be appointed for the second Pensylvania batallion, in the room of William Allen, who has resigned:

The ballots being taken, Joseph Wood, Esq r . was elected.

The Congress resolved itself into a committee of the whole, to take into their farther consideration, the articles of confederation; and, after some time, the president resumed the chair, and Mr. [John] Morton reported, that the committee have made some farther progress in the articles of Confederation; but, not having finished, desire leave to sit again.

A petition from Samuel Morris was presented to Congress, and read.

0201 616

The Committee on Spies brought in a farther report, which was read:

Ordered , To lie on the table.

Resolved , That the gaoler be directed to allow the prisoners, from North Carolina, the use and benefit of the yard, under the inspection of the guard, provided it may be done with safety.

Resolved , That this Congress will, to morrow, resolve itself into a committee of the whole, to take into their farther consideration the articles of Confederation.

Adjourned to 9 o'Clock to Morrow. 1

1 “If a Confederation should take place, one great question is, how we shall vote,—whether each Colony shall count one; or whether each shall have a weight in proportion to its number, or wealth, or exports and imports, or a compound ratio of all? Another is, Whether Congress shall have authority to limit the dimensions of each Colony, t,o prevent those which claim, by charter, or proclamation, or commission, to the South Sea, from growing too great and powerful, so as to be dangerous to the rest?” John Adams to his wife , 29 July, 1776. Force, American Archives , Fifth Series, I, 637.

TUESDAY, JULY 30, 1776.

A letter from Brigadier Mercer, of the 28th, was laid before Congress, and read, requesting six light horse may be sent to him;

Resolved , That the president write to S. Morris, Esq r . captain of the light horse, and request him to send six of his company to Brigadier General Mercer.

Information being given to Congress, by a letter from the president of South Carolina, that the Cherokees have commenced hostilities against that state, and that he has with the advice of the council ordered a body of men to march against them, and has applied for assistance to the neighbouring states of North Carolina and Virginia,

Resolved , That it be recommended to the states of Virginia, North Carolina, and Georgia, to afford all necessary 0202 617 assistance to the state of South Carolina, and to co-operate, with that state, in prosecuting the war against the Indians with the utmost vigour; 1

1 The North Carolina Delegates wrote of this resolve: “This however is by no means intended to alter the plan of military operations which you have begun, or to draw off the Strength of our back Country to a distant part merely for the sake of acting in the same place with the South Carolinians, if the Opposition can be made as effectually in any manner devised by yourselves and from a part of your province from whence hostilities may successfully be carried into the bosom of the Cherokee Country. In fact nothing is meant but to subdue the Cherokees.” Colonial Records of North Carolina , X, 679.

That the president be requested to write letters to the governor and council of Virginia, the council of safety of North Carolina, and the president of Georgia, relative to the above subjects. 2

2 The letter to North Carolina is in the Colonial Records of North Carolina , X, 681.

Resolved , That a committee of three be appointed to take into consideration the state of North Carolina, and report thereon to Congress:

The members chosen, Mr. [Benjamin] Harrison, Mr. S[amuel] Adams, and Mr. [Thomas] Lynch. [Jr.]

The Congress took into consideration the report of the committee appointed to enquire into the causes of the miscarriages in Canada, wherein they represent, as their opinion,

“That the short inlistments of the continental troops, in Canada, have been one great cause of the miscarriages there, by rendering unstable the number of men engaged in military enterprizes, by making them disorderly and disobedient to their officers, and by precipitating the commanding officers into measures, which their prudence might have postponed, could they have relied on a longer continuance of their troops in service:

“That the want of hard money has been one other great source of the miscarriages in Canada, rendering the supplies of necessaries difficult and precarious, the establishment 0203 618 of proper magazines absolutely impracticable, and the pay of the troops of little use to them:

“That a still greater, and more fatal, source of misfortune has been, the prevalence of the small pox in that army; a great proportion whereof has thereby been usually kept unfit for duty.”

With this the Congress concurred.

On the farther consideration of the report, the Congress came to the following resolutions:

That Colonel Bedel be tried by a court martial for leaving his command at the Cedars, and for declining to return to the same with Major Sherburne's reinforcement:

That Major Butterfield be tried by a court martial for surrendering to the enemy the post at the Cedars, and also such other officers as were with him, and consented to that surrender.

The said committee having farther reported, that, in the course of their enquiries, they had reason to believe, that General Prescot's baggage was plundered by some licentious persons, in violation of the faith of the capitulation; Whereupon,

Resolved , That General Schuyler be desired to make strict enquiry into the same, that the persons guilty thereof may receive due punishment, and ample indemnification be made to General Prescot.

That Colonel Bedel, Doctor Fay, and Lieutenant House, be subjected to this enquiry.

Resolved , That so much of the petitions of Colonel Easton and Major Brown, as prays, that the charges against them, of having been concerned in plundering the officers' baggage, taken at Sorel, be submitted to a court of enquiry, is reasonable, and that General Schuyler be desired to order courts of enquiry on them as soon as possible.

0204 619

Resolved , That General Montgomery's promise to give to the troops concerned in taking the vessels on the Sorel, “all the public stores, except ammunition and provisions, on board thereof,” be confirmed; and that General Schuyler be directed to cause an enquiry to be made into the particulars and value of the said public stores, (ammunition and provision excepted) and to certify the same to Congress, with the names of the officers and soldiers entitled thereto:

Resolved , That so much of Major Brown's petition, as prays, an allowance be made to him for extraordinary services, be referred to General Schuyler, who is desired to certify to Congress, whether any and what reward may, with justice, be demanded by him:

Resolved , That Major Brown's accounts be settled by the commissioners appointed to adjust accounts in the northern department.

Resolved , That the said committee be discharged from proceeding on so much of the petition of Colonel Easton, as prays a continuance of his rank and pay, and on so much of Major Brown's petition, as prays an examination into his rank and pay, and that they be referred to the Board of War.

Resolved , That General Schuyler be desired to enquire into the conduct of Colonel Hazen, who is charged with having beaten and ill-treated François Cuillot de la Rose, a continental captain of Canadian Militia, and also to have ill-treated Charles Robert de la Fontaine, a Canadian, at Chambly, and put such conduct into a proper channel for trial and punishment:

Resolved , That it be recommended to General Schuyler, whenever the pay of officers or soldiers is stopped, on account of any charge against them, to have such charge determined by trial as speedily as possible, that there may be no delay of justice.

0205 620

Resolved , That General Wooster acted properly in stopping the goods of Bernard and Waddon, who were carrying the same, without permission, to the Indians in the upper country.

Resolved , That the committee have leave to sit again, and that they be instructed to enquire in what manner the goods of Bernard and Waddon were disposed of.

Resolved , That the Secret Committee be directed to supply the 3 riffle companies, now in town from Lancaster, with 11 lb. of powder and 44 lb. of lead.

Resolved , That 500,000 dollars be sent to the pay master general.

That 60,000 dollars be sent to [R. Dallam,] the deputy pay master general, for the use of the flying camp.

The Congress proceeded to the election of an Assistant, or clerk to the Auditor general; when,

William Govett was elected.

Resolved , That William Govett be allowed the salary of 533 ⅓ dollars per annum.

Resolved , That all public claims and accounts, that are, at this time, unsettled, be referred to the Committee of Treasury, and that the Committee of Claims be discharged from proceeding further upon any claims or accounts; and that all the books and papers now in the hands of the committee of claims, be delivered to the auditor general.

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

Resolved , That the resolution of the 17th of January last, allowing to officers 1 dollar and ⅓d of a dollar for every man they inlist, be extended to officers who inlist for the new army for three years:

That General Mercer's letter, relative to the building of boats, be referred to General Washington, with direction 0206 621 to give such orders therein as he shall judge necessary; and that he be desired to avail himself of the ship wrights and other artificers now in the flying camp:

That General Mercer be allowed a secretary while he has a separate command:

That a number of four and six pounders, not exceeding ten of each, be immediately sent to General Mercer, to be mounted on the works he is now erecting; and that the council of safety of Pensylvania be requested to forward them to Amboy, in New Jersey:

That Congress approve of General Schuyler's intention to publish such parts of the treaty with the Six Nations, as may have a tendency to dispel the apprehensions of the frontier inhabitants:

That the commissioners for Indian affairs, in the middle department, be instructed to thank Cayashuta, in the name of the great council fire, for his friendly conduct at Niagara, communicated by Peter Richman (whose Indian name is Queda) and to inform him, that it would be very agreeable to Congress to receive a visit from him.

A letter from General Washington, of the 29, and one from the council of Massachusetts bay of the 19; also a letter from Governor Cooke of the 23, with sundry papers enclosed, were laid before Congress, and read: 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, folio 309. That of the Council of Massachusetts Bay is in No. 65, I, folio 93.

Resolved , That the two former be referred to the Board of War.

The Board of War laid before Congress a letter they received from General Washington:

Ordered , That the Board return an answer.

The Congress resolved itself into a committee of the whole, to take into consideration the articles of confederation; and, after some time, the president resumed the 0207 622 chair, and Mr. [John] Morton reported, that the committee, have had under consideration the articles of confederation, but not having yet finished, desired him to move for leave to sit again.

Resolved , That this Congress will, to morrow, resolve itself into a committee of the whole, to take into their farther consideration the articles of confederation.

Adjourned to 9 o'Clock to Morrow. 1

1 “I hurried to Congress, to give my little assistance to the framing a Confederacy, and a plan for a foreign alliance—both of them subjects of the utmost importance, and which, in my judgment, demand immediate despatch. The Confederacy has engaged our close attention for a week. Three great difficulties occur: Representation, the mode of voting, and the claims to the South-Sea. The whole might, in my opinion, be settled, if candour, justice, and the real interests of America were attended to. We do not all see the importance, nay, the necessity, of a Confederacy. We shall remain weak, distracted, and divided in our councils; our strength will decrease; we shall be open to all the arts of the insidious Court of Britain, and no foreign Court will attend to our applications for assistance before we are confederated. What contract will a foreign State make with us, when we cannot agree among ourselves?” Samuel Chase to Richard Henry Lee , 30 July, 1776. Force, American Archives , Fifth Series, I, 672.

WEDNESDAY, JULY 31, 1776

Resolved , That 20,000 dollars be advanced to Mr. James Mease; he to be accountable:

That Mr. J. Mease be directed to pay to John Pollock one thousand pounds, Pensylvania currency, [=2666 dollars and two-thirds,] and that the same be charged to the account of the committee of Inspection of Cumberland, who are to be accountable.

Resolved , That the committee for providing medicines be directed to provide, and send forward, such a quantity of medicines as may be necessary for the Hospital in the northern army:

That the said committee be directed to procure and send forward such a quantity of medicines as may be necessary for the hospital in the southern department.

0208 623

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

Resolved , That five tons of musquet powder be sent immediately to General Washington at New York:

That the commissary general be directed to furnish with rations, and the deputy pay master general, in the state of Massachusetts bay, be ordered to pay, any militia, which the general assembly of that state shall think proper to call in, to replace the continental troops ordered from thence.

The committee appointed to enquire into the causes of the miscarriages in Canada, brought in a farther report, which was taken into consideration: Whereupon,

Resolved , That the conduct of Colonel Nicholson, who commanded the post at Point Levi, and who, after the determination of the council of war to retire from before Quebec, is said to have deserted his said command, and left the party to shift for themselves, be submitted to a court of enquiry:

That the committee be discharged from so much of Colonel Easton's petition, as prays a settlement of his accounts, and that the same be referred to the Board of Treasury.

The committee appointed to take into consideration the state of North Carolina, brought in their report, which was taken into consideration: Whereupon,

Resolved , That four tons of gun powder and six four pounders, or such others as can be procured, to the weight proper for field pieces, be immediately sent to North Carolina:

That the delegates of that colony [state] employ some proper person, as a commissary, to purchase, in this city, or the neighbourhood thereof, cloathing for the troops raised in that colony [state] for the continental service:

0209 624

That the three independent companies of rangers, raised in that state, be taken upon the continental pay and establishment, and that their pay and appointment be as already resolved by the convention of that state, and that they rank as the rangers raised in South Carolina and Georgia.

Resolved , That an order for 266 ⅔ dollars be drawn on the treasurers, in favour of Colonel James Easton; to be accounted for by him on the final settlement of his account:

That two months' pay be advanced to Monsieur St. Martin; he to be accountable.

The Congress resolved itself into a committee of the whole, to take into their farther consideration the articles of Confederation; and, after some time, the president resumed the chair, and Mr. [John] Morton reported, that the committee, not having come to a conclusion, desired leave to sit again.

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration the articles of confederation.

Adjourned to 9 o'Clock to Morrow.

THURSDAY, AUGUST 1, 1776

Sundry letters were laid before Congress, and read; viz

One of the 30th July from Brigadier General Mercer, one of the same date, from Brigadier General Roberdeau, and sundry others: 1

1 The letter of Mercer is in the Papers of the Continental Congress , No. 159, folio 157. That of Roberdeau is in No. 78, XIX, folio 45.

Resolved , That the two first be referred to the Board of War.

The Congress resolved itself into a committee of the whole, to take into their farther consideration the articles 0210 625 of confederation; and, after some time, the president resumed the chair, and Mr. [John] Morton reported, that the committee have made farther progress, but, not having come to a conclusion, desired leave to sit again.

Resolved , That this Congress will, to morrow, again resolve itself into a committee of the whole, to take into their farther consideration the articles of confederation.

A letter from General Washington, of the 30 July, was laid before Congress, together with sundry letters and papers enclosed;

Also, one from General Schuyler, of the 20th July, and one from Colonel Lewis Dubois, of the 17 July, with sundry papers enclosed. 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, II, 313. That of Schuyler, in No. 153, II, folio 244. That of Dubois is in No. 78, VII, folio 45.

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

The Board of War reported the draught of a letter to General Washington, in answer to his letter directed to them; which was agreed to,

Ordered , That it be transcribed, signed by the president, and forwarded. 2

2 “I am particularly instructed by Congress to answer that part of your letter of 29th ultimo, directed to the Board of War, which relates to the filling up vacancies in the Army. The Congress are concerned to find that an opinion is entertained that greater confidence has been placed in, and larger powers given to, other commanders in that respect, than to yourself. They have in no instance, except in the late appointment of General Gates to the command in Canada, parted with the power of filling up vacancies. The great confusion and many disorders prevalent in that Army, and its distance, induced Congress to lodge such a power in that General, for the limited space of three months, and only during his continuance in Canada. Should Congress ever empower its Generals to fill up vacancies in the Army, they know of no one in whom they would so soon repose a trust of such importance as in yourself; but future Generals may make a bad use of it. The danger of the precedent, not any suspicion of their present Commander-in-Chief, prompts them to retain a power, that, by you, sir, might be exercised with the greatest publick advantage.” John Hancock to General Washington , 2 August, 1776. Force, American Archives , Fifth Series, I, 725.

0211 626

The said Board brought in a farther report, which was taken into consideration; Whereupon,

Resolved , That Colonel John Brown be allowed the rank and pay of lieutenant colonel in the continental army, from the 20th day of November last to this time:

That Colonel James Easton is entitled to the rank of a colonel in the continental army, from the first day of July, 1775, and to the pay of a colonel from that day until he shall be discharged, which ought to be done as soon as a court of Enquiry shall report in his favour, or a court martial shall determine upon his conduct, and their sentence is carried into execution; there being no vacancy to which he can be appointed. But, should he be honourably acquitted, his past services will recommend him to the confidence of Congress for future employment.

Resolved , That an order for £1000 Pensylvania currency [6,266 ⅔ dollars] be drawn on the treasurers in favour of Ludwick Karcher, for victualling the militia passing through Philadelphia to the flying camp; he to be accountable.

Adjourned to 9 o'Clock to Morrow.

FRIDAY, AUGUST 2, 1776

The declaration of independence being engrossed and compared at the table was signed [by the members]. 1

1 The last three words are taken from the Secret Journals. A full account of the question of signing the Declaration is to be found in Friedenwald, The Declaration of Independence , 121–151.

Resolved , That two months' pay be advanced to Monsieur Pellissier; he to be accountable.

Resolved , That the Secret Committee and Marine [committee] be discharged from fitting out vessels with cargoes to Bermudas, for purposes expressed in the resolutions of Congress, of [June 6, 1776].

0212 627

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

Resolved , That two hundred thousand dollars be sent to Mr. Jonathan Trumbull, [deputy] pay master [general] of the northern army [department:]

That General Washington be instructed to employ in the service of the states, as many of the Stockbridge Indians as he shall judge proper:

That one hundred old arms, belonging to Congress, be delivered to the council of safety of Pensylvania, to be repaired at the continental expence, and put into the hands of the soldiers destined for the flying camp; the said council to be accountable:

That the pay master general, and the several deputy pay masters general, in the service of these States, be directed to make weekly returns to Congress of the state of the military chests under their direction:

That Jonathan Trumbull, Esq r . [deputy] pay master [general] in the northern army, be directed to transmit to Congress, as soon as possible, an account of all the monies which have passed through his hands since his appointment to that office:

That the commissary general, and deputy commissaries in the several departments, be directed to transmit to Congress, weekly, an account of the sums of money they may respectively receive from the pay masters:

That the quarter master general, and deputy quarter masters general, in the several departments, be directed to transmit, weekly, to Congress, an account of the monies they respectively receive from the pay master general, or deputy pay masters general:

That the commissary general, quarter master general, deputy commissaries, and deputy quarter masters general, 0213 628 be directed to make monthly returns, at least, of the stores under their direction, and the distribution of them:

That the commanding officer in each department be directed to make returns, once a month, to Congress, of the draughts made by him upon the pay master, in his department.

Resolved , That Mr. [George] Walton be appointed a member of the Marine Committee, in the room of Mr. [Button] Gwinnett, who is absent.

Resolved , That the sum of one hundred dollars be advanced to Thaddeus Sturges, to be accounted for by him, and deducted out of his pay on the settlement of his accounts; and that the Board of Treasury be discharged from proceeding on his accounts, and that they be referred for settlement to the commissioners appointed to settle the accounts in the northern department.

The Marine Committee, to whom it was referred to enquire into the conduct of Comm